The information presented on National Recalls is for informational purposes only.
These Terms and Conditions (“Terms or Agreement”) governs your use of National Recalls services and our websites, including nationalrecalls.com and theperfectrecallsystem.com (“the Site”, “the Service”, “Services”, “Us”, “We,” "Our", "Company", "Website"). By accessing or using our Site or using our Services you signify that you have read, understand and agree to be bound by these Terms and Conditions ("Terms” or “Agreement"). By visiting our Site or signing up for any of our services, you engage in our Services (the “Service”, “Services”). These Terms and Conditions apply to all users of the Site, including browsers. You must be at least 18 years old or older to gain access to our website and its content. As used herein, “You, “User” or "Users" means anyone who accesses and/or uses the Site or any of our Services or if the user represents an entity or other organization, that entity or organization.
You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms, without notice, by posting updates and/or changes to our website. It is your responsibility to check this page periodically for any such changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
These Terms and Conditions were last updated on March 22, 2023.
Section 1 – Eligibility.
Users must be at least 18 years of age and able to form legally binding contracts to access the Site and use the Services. If you are below this age of consent or otherwise unable to form legally binding contracts to use online services, you may not access the Site or use the Services.
Section 2 - Access to the Service.
2.1. Subject to your acceptance of and compliance with this Agreement, Company grants to you a non-exclusive, non-transferable, revocable limited license to use the Service. Your use of the Service is conditioned upon your compliance with this Agreement; any use of the Service in violation of this Agreement will be regarded as an infringement of Company’s copyrights in and to the Service. ANY BREACH OF THIS AGREEMENT WILL RESULT IN THE TERMINATION OF YOUR ACCESS TO OUR SERVICES.
2.2. Any new features or services which are added, at our sole discretion, shall also be subject to this Agreement. Company may change, modify, suspend, or discontinue any aspect of the Service at any time Such change, modification, suspension or discontinuation can be for any reason and is not limited to your breach of this Agreement. Company may also impose limits on certain features or restrict or prohibit your access to parts or all of the Service without notice or liability. You agree to be bound by any rules associated with third party applications or tools used within the Service.
Section 3 - Usage Rules.
Section 4 – Privacy and Protection of Personal Information.
Section 5 – Links.
Through your use of the Service, you may be provided with hyperlinks to other Internet sites or resources, including hyperlinks provided by third-party advertisers and sponsors to the Service. We make no representation or warranty as to those sites and resources, or the advertising material presented by third-party advertisers and sponsors through the Service. You agree that Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, goods or services available on or through any such site or resource. You may link to the Site, unless notified otherwise in writing by the Company. However, You may not frame the Site in a manner that may cause confusion to Our customers, nor may You interfere or attempt to interfere in any way with the operation of the Site, including without limitation through data mining, the use of any robot, scraper or other automated device, or circumvention or attempted circumvention of any Site security features.
Section 6 – Intellectual Property.
The information available through the Service is the property of the Company and others and is protected by copyright and other intellectual property laws. Information received through the Service may not be displayed, reformatted and printed or used for any commercial purpose whatsoever without the prior written consent of the Company. All copyrights and other intellectual property rights in the Site, including without limitation all written and graphical content included in the Site, are owned by the Company. The National Recalls logo, and any other marks used on the Site are trademarks of National Recalls II, LLC. Such marks may not be used without the prior written consent of the Company. Any use of those marks, or any others displayed on the Site, will inure solely to the benefit of their respective owners. All rights reserved.
Section 7 - Disclaimers; Limitations; Waivers of Liability.
7.1. All content found on the Website, including: text, images, audio, or other formats were created for informational purposes only.
7.3. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE NATIONAL RECALL PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST OR ANTICIPATED PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT THE NATIONAL RECALLS PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THE PARTIES INSTEAD AGREE THAT THE NATIONAL RECALL PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN ONE HUNDRED DOLLARS.
7.4. TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
Section 8 - Release.
You forever release, discharge, and covenant not to sue the National Recalls Parties from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of the National Recalls Parties, or otherwise, in connection with use of the Service or through or as a result of the Service. In other words, you agree that you cannot sue the National Recalls Parties if anything happens to you, your personal information, any individual that you provide access to use the Service, or your property in connection with use of the Service or through or as a result of the Service. You agree that the provisions in this paragraph will survive any termination of your account(s), the Service, or this Agreement.
Section 9 - Indemnification.
You agree at all times to indemnify, defend and hold harmless the National Recalls Parties harmless from any claim, causes of action, damages, liabilities, demands, costs and expenses, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use or misuse of the Site or Services, your breach of this Agreement or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 10 - Governing Law and Dispute Resolution.
The laws applicable to the interpretation of this Agreement shall be the laws of the State of California, and applicable federal law, without regard to any conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles, California. You also agree that, in the event any dispute or claim arises out of or relating to your use of the Site or the Services, that you and Company will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unsettled for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, shall be resolved by final and binding arbitration in Los Angeles County, California under the rules of the American Arbitration Association then in effect. Should you file any arbitration claims, administrative or legal actions without first having attempted to resolve the matter by mediation, then you will not be entitled to recover attorney's fees, even if you would otherwise be entitled to them. THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. IN ADDITION, YOU HEREBY AGREE THAT ANY DISPUTES RELATED TO YOUR USE OF OUR SERVICES SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
Section 11 – Severability.
In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 12 – Miscellaneous.
Section 13 - Statute of Limitations.
Section 14 – Entire Agreement.
These Terms and Conditions and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire Agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous Agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
Section 15 – Contact Information.
Questions about the Terms and Conditions should be sent to us at firstname.lastname@example.org.