Terms and Conditions

1. AGREEMENT TO OUR LEGAL TERMS

1.1

These Terms and Conditions (the "Terms") form a binding agreement between you, whether personally or on behalf of an entity ("you"), and Recreational Experience Company, doing business as RECX ("Company," "we," "us," or "our"). RECX is a company organized under the laws of the State of Montana, with its principal office located at:

10721 George Cates Blvd, Missoula, Montana 59808.

1.2

RECX operates the website rec-x.com (the "Site"), the mobile application RECX Adventures (the "App"), and any related platforms, products, or services that reference or link to these Terms (collectively, the "Services").

1.3

For inquiries regarding these Terms, you may contact RECX by email at support@rec-x.com or by mail at the address listed above.

1.4

By accessing or using the Services, you acknowledge that you have read, understand, and agree to be bound by these Terms. If you do not agree, you are prohibited from accessing or using the Services and must discontinue use immediately.

1.5

RECX may update or modify these Terms periodically. Any material changes will take effect upon posting to the Site, within the App, or upon email notification to you from support@rec-x.com. Your continued use of the Services after such notice constitutes acceptance of the updated Terms.

1.6

The Services are intended for individuals who are 18 years of age or older. Persons under 18 are not permitted to use or register for the Services.

1.7

We recommend that you retain a printed or electronic copy of these Terms for your records.

2. SERVICES

2.1

The Services are provided primarily for users located in the United States and Canada. The information and materials available through the Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject RECX to any registration or compliance requirement within such jurisdiction. Users who access the Services from outside these regions do so on their own initiative and are solely responsible for compliance with applicable local laws.

2.2

RECX operates an online marketplace that enables registered recreational users ("Users") and certain third parties who offer services ("Property Owners") to publish and manage their services ("Property Owner Services") on the RECX Site and App (collectively, the "RECX Platform"). Property Owner Services may include access to private or public lands for hunting, fishing, or other outdoor recreational activities ("Activities"). Users who book such Property Owner Services ("Guests") can communicate and transact directly with Property Owners through the RECX Platform.

2.3

RECX owns and operates the RECX Platform but does not own, create, sell, resell, control, or manage any Listings or Property Owner Services. Property Owners are solely responsible for their Listings and Property Owner Services. When a User makes or accepts a booking, they become a Guest, and a contract is formed directly between the Property Owner and the User/Guest. RECX is not a party to that contract and does not act as an agent for any User/Guest. You agree that any legal remedy or claim arising from the acts or omissions of another User, Property Owner, Guest, or other third party must be pursued directly against that individual or entity. You agree not to attempt to impose liability on or seek legal remedies from RECX for such conduct.

2.4

While RECX may assist in facilitating communication or dispute resolution between Users, RECX has no control over and does not guarantee:

• (a) the existence, quality, legality, or suitability of any Listing or Property Owner Service;
• (b) the accuracy or truthfulness of any Listing description or other User Content; or
• (c) the performance, conduct, or reliability of any User or third party.

Any reference to a User being "verified" or similar language means only that the User has completed a verification or identification process. It does not constitute endorsement, certification, or guarantee by RECX. You should exercise due diligence and caution when deciding to use Property Owner Services, accepting a booking, or communicating with other Users, whether online or in person.

2.5

If you use the RECX Platform as a Property Owner, you do so as an independent third-party contractor, not as an employee, agent, joint venturer, or partner of RECX. You act solely on your own behalf and for your own benefit. RECX does not direct or control your business, your Listings, or your performance under these Terms. You have complete discretion regarding whether and how to offer Property Owner Services.

2.6

To promote the RECX Platform and increase Listing visibility, RECX may display Listings and other User Content across other websites, mobile applications, marketing materials, emails, and online or offline advertisements. You consent to such distribution for promotional purposes.

2.7

The RECX Platform may contain links to third-party websites, services, or resources ("Third-Party Services"). These Third-Party Services operate under their own terms and privacy policies. RECX does not control, endorse, or assume responsibility for the content, products, or services available through any Third-Party Services, and is not liable for their availability or accuracy. Accessing Third-Party Services is at your own risk.

2.8

RECX does not guarantee continuous, uninterrupted, or error-free access to the RECX Platform. Access may be restricted or suspended temporarily for maintenance, system capacity, or security purposes, or to protect the integrity of RECX's servers. RECX may modify, enhance, or discontinue portions of the Services, or introduce new features, at any time without prior notice.

3. TERMS SPECIFIC TO PROPERTY OWNERS

3.1 Terms Applicable To All Listings

3.1.1 Creation and Accuracy of Listings

When creating a Listing on the RECX Platform, you must:

• (a) provide complete and accurate information about your Property Owner Service, including description, location, pricing, and calendar availability;
• (b) disclose any deficiencies, restrictions, or requirements applicable to the Property Owner Service; and
• (c) provide any other information requested by RECX.

You are responsible for keeping your Listing information, including calendar availability, accurate and current at all times.

3.1.2 Ownership and Authorization

By creating a Listing, you represent and warrant that you are the lawful owner of the property or otherwise have valid authority to offer the Activities or Property Owner Services included in the Listing. RECX may, in its sole discretion, review Listings prior to publication and reserves the right to reject or remove any Listing at any time and for any reason, including Listings submitted by non-owners or those that fail to meet RECX's standards or verification requirements.

3.1.3 Pricing and Fees

Property Owners are solely responsible for setting the price of their Listings ("Listing Fee"), including applicable taxes. Once a Guest submits a booking request, you may not alter the price or impose additional charges beyond those disclosed at the time of booking.

3.1.4 Additional Terms and Policies

Any additional terms or policies you include in your Listing, such as those relating to cancellations or usage restrictions, must be consistent with these Terms and with any applicable RECX cancellation policy.

3.1.5 Listing Images and Media

All images, videos, and other media used in a Listing ("Images") must truthfully represent the quality, condition, and features of the Property Owner Service. Misleading or inaccurate Images may result in removal of the Listing.

3.1.6 Placement and Ranking of Listings

The placement or ranking of Listings in RECX search results may vary based on multiple factors, including Guest search parameters, Property Owner requirements, price, calendar availability, image quality, customer service history, cancellations, reviews, and ease of booking. RECX does not guarantee ranking or visibility.

3.1.7 Legally Binding Agreement with Guests

When you accept or pre-approve a Guest's booking request, you enter into a legally binding contract with the Guest. You are obligated to provide the Property Owner Services as described in your Listing and to pay any applicable Property Owner Fees and taxes in accordance with these Terms.

3.1.8 Insurance Requirements

RECX maintains certain limited insurance coverage as described at https://rec-x.com/insurance. Property Owners are strongly encouraged to obtain their own insurance appropriate to the Property Owner Services they provide. Review your policy carefully to ensure coverage for all potential risks, including those involving Guest conduct during Activities. RECX is not an insurer, and any coverage provided by RECX is not a substitute for personal insurance. You should not rely on RECX's insurance as comprehensive or as meeting your individual needs.

3.1.9 Disclosure of Activity Risks

When offering an Activity, you must fully inform Guests of:

• (a) any inherent risks associated with the Activity;
• (b) any requirements for participation, including minimum age, fitness level, or skill qualifications; and
• (c) any equipment, certifications, or licenses required for safe participation.

You are responsible for ensuring that Guests have sufficient information to understand and safely participate in the Activity.

4. TERMS SPECIFIC FOR GUESTS

4.1 Terms Applicable to All Bookings

4.1.1 Booking Process and Payment Obligations

Subject to meeting any eligibility or verification requirements established by RECX or the Property Owner, you may book a Listing through the RECX Platform by following the applicable booking process. All fees, including the Listing Fee, Security Deposit (if applicable), Guest Fee, and any applicable taxes (collectively, the "Total Fees"), will be disclosed before you confirm a booking. You agree to pay the Total Fees associated with any booking made through your RECX Account.

4.1.2 Formation of Legal Agreement

Upon receipt of a booking confirmation from RECX, a legally binding agreement is formed between you and the Property Owner. This agreement is subject to these Terms and any additional terms, rules, restrictions, and cancellation policies specified by the Property Owner in the Listing.

4.1.3 Bookings Made on Behalf of Others

If you book a Property Owner Service on behalf of additional Guests, or if you resell or otherwise transfer your booking, you are responsible for ensuring that all additional Guests or transferees:

• (a) meet the Property Owner's requirements;
• (b) have been informed of, and agree to, these Terms and any applicable terms and conditions of the Property Owner; and
• (c) comply with all activity rules and local laws.

If any additional Guest is a minor, you represent and warrant that you are legally authorized to act on behalf of that minor. Minors may only participate if accompanied and supervised by a responsible adult. Failure to communicate these Terms to additional Guests or transferees does not release you from liability under these Terms.

4.1.4 Guest Responsibility to Review Listing Requirements

You must carefully review the description of any Property Owner Service before booking to confirm that you and any additional Guests meet all age, proficiency, fitness, and licensing requirements established by the Property Owner. Failure to do so does not relieve you or your party of any obligations under your booking.

4.1.5 Compliance with Rules, Laws, and Property Owner Instructions

Before and during any Activity, you and your party, including any transferees, must follow all Property Owner instructions, safety guidelines, and applicable laws and local regulations. If you transfer or resell your booking, you must notify the Property Owner in advance and provide any information requested about the transferee.

4.1.6 Permits, Licenses, and Legal Compliance

Each Guest is responsible for obtaining all necessary permits, licenses, and tags required for participation in an Activity. If you or your party engage in an Activity without the required authorization, it is your responsibility to report the occurrence to the appropriate authority. You are likewise responsible for reporting any unauthorized conduct by a transferee.

4.1.7 Personal Safety and Emergency Preparedness

Each Guest is solely responsible for personal safety and emergency preparedness. You should have an emergency plan, reliable means of communication, and an awareness that cellular coverage in outdoor areas may be limited. Guests should not expect Property Owners to provide rescue services. In the event of a medical emergency, Guests must contact emergency services directly.

4.1.8 Insurance Responsibility and Limitations of RECX Coverage

RECX maintains limited insurance as described at https://rec-x.com/insurance. RECX strongly recommends that all Users maintain their own adequate insurance, including but not limited to health, accident, vehicle, and liability coverage. Review your policies carefully to ensure that they provide sufficient protection for injuries, accidents, or damages that may occur while participating in Activities. RECX is not an insurer, and any coverage provided by RECX is not a substitute for personal insurance. You should not rely on RECX's insurance as comprehensive or as meeting your individual needs.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 Our Intellectual Property

5.1.1

RECX is the owner or lawful licensee of all intellectual property rights in and to the Services, including all source code, databases, functionality, software, website and application designs, audio, video, text, photographs, and graphics (collectively, the "Content"), as well as all trademarks, service marks, and logos displayed in or through the Services (the "Marks").

5.1.2

The Content and Marks are protected by copyright, trademark, and other intellectual property and unfair competition laws of the United States and other jurisdictions.

5.1.3

The Services, Content, and Marks are provided "as is" for your personal, non-commercial use or for your internal business purposes only.

5.2 Your Limited License to Use the Services

5.2.1

Subject to your compliance with these Terms, including the Prohibited Activities section, RECX grants you a limited, non-exclusive, non-transferable, and revocable license to:

• (a) access and use the Services; and
• (b) download or print portions of the Content to which you have lawful access, solely for personal, non-commercial use or internal business purposes.

5.2.2

Except as expressly permitted in these Terms, you may not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit any part of the Services, Content, or Marks for any commercial purpose without RECX's prior written consent, except where permitted by law (e.g., fair use).

5.2.3

Requests for permission to use any Content or Marks beyond the scope of this license must be submitted to support@rec-x.com. If RECX grants such permission, you must identify RECX as the owner or licensor and include any applicable copyright or proprietary notices in all reproductions or public displays.

5.2.4

All rights not expressly granted under these Terms are reserved by RECX. Any unauthorized use constitutes a material breach and terminates your right to use the Services immediately.

5.3 Your Submissions and Contributions

5.3.1 Submissions

If you send RECX any questions, feedback, suggestions, ideas, or other information regarding the Services (collectively, "Submissions"), you agree to assign all intellectual property rights in such Submissions to RECX. RECX will own all rights, title, and interest in these Submissions and may use and distribute them for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

5.3.2 Contributions

The Services may allow you to participate in forums, chats, reviews, or other interactive functions that permit you to create, upload, post, or share content (collectively, "Contributions"). Contributions include text, writings, images, videos, audio, graphics, comments, ratings, suggestions, and personal information. Any publicly posted Submission will also be treated as a Contribution.

5.3.3

Contributions may be viewable by other users and, in some cases, through third-party websites. By posting or sharing Contributions, you grant RECX a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid license to use, copy, reproduce, modify, adapt, distribute, sell, resell, publish, broadcast, store, publicly perform, publicly display, reformat, translate, or otherwise exploit your Contributions (including your name, image, likeness, and voice) for any purpose, including commercial or promotional uses, in any media or format now known or later developed.

5.3.4

This license includes the right for RECX to sublicense these rights and to use any names, logos, or trademarks you provide in connection with your Contributions.

5.4 Your Responsibilities for Submissions and Contributions

5.4.1

By submitting or posting any Submissions or Contributions, you represent and warrant that:

• (a) you own or have the necessary rights and licenses to grant the licenses described in these Terms;
• (b) your Submissions and Contributions do not infringe, misappropriate, or violate any third party's intellectual property or privacy rights;
• (c) your Submissions and Contributions do not contain unlawful, defamatory, obscene, harassing, discriminatory, or otherwise objectionable content; and
• (d) your Submissions and Contributions are not confidential.

5.4.2

To the extent permitted by law, you waive all moral rights in your Submissions and Contributions and acknowledge that RECX may use them without restriction.

5.4.3

You are solely responsible for your Submissions and Contributions and agree to indemnify RECX for any loss or damage resulting from your breach of this Section or violation of applicable law.

5.5 Removal or Modification of Contributions

RECX has no obligation to monitor user content but reserves the right to remove, edit, or restrict access to any Submission or Contribution at any time, without notice, if RECX determines, in its sole discretion, that such material violates these Terms, applicable law, or RECX policies. RECX may suspend or terminate your account and report unlawful activity to the appropriate authorities when warranted.

6. USER REPRESENTATIONS

6.1 Accuracy and Eligibility Requirements

By accessing or using the Services, you represent and warrant that:

• (a) all information you provide during registration and at all times thereafter is true, accurate, current, and complete;
• (b) you will maintain and promptly update your account information to ensure continued accuracy;
• (c) you have the legal capacity to enter into these Terms and, if registering on behalf of an entity, you are duly authorized to bind that entity;
• (d) you are at least eighteen (18) years old and not a minor under the laws of your jurisdiction of residence;
• (e) you will access and use the Services only through lawful, authorized means and will not use automated systems, bots, or scripts to access or interact with the Services;
• (f) you will use the Services solely for lawful purposes and in accordance with these Terms; and
• (g) your use of the Services will not violate any applicable laws, rules, or regulations, including those related to privacy, data protection, or online conduct.

6.2 Reliance on Provided Information

You acknowledge that RECX relies on the accuracy and completeness of the information you provide to operate the Services effectively. If any information is found to be false, inaccurate, incomplete, or misleading, RECX reserves the right, in its sole discretion, to suspend or terminate your account and deny access to the Services, in whole or in part.

6.3 Consequences of Breach

You understand and agree that any breach of this Section constitutes a material breach of these Legal Terms and may subject you to legal liability under applicable law.

7. USER REGISTRATION

7.1 Account Registration Requirements

7.1.1

You may be required to register for an account to access or use certain features of the Services. By registering, you represent and warrant that you are at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, or a duly organized and validly existing business entity in good standing.

7.1.2

You agree that all information you provide during registration and at all times thereafter will be accurate, current, and complete. You must promptly update your account information to maintain its accuracy.

7.1.3

RECX reserves the right to suspend or terminate your account if any information you provide is false, misleading, or incomplete, or if you fail to maintain an active and secure account.

7.2 Account Verification

7.2.1

RECX uses third-party identity verification services to help confirm user identities. However, verification on the internet is inherently limited, and RECX does not guarantee or warrant that such processes will be accurate, complete, or sufficient to verify any User or Property Owner.

7.2.2

You acknowledge that you are solely responsible for conducting any additional background or due diligence inquiries you deem necessary before engaging with other Users or Property Owners through the RECX Platform.

7.3 Account Creation and Management

7.3.1

You must register an account ("RECX Account") to access or use certain features of the RECX Platform, such as publishing or booking a Listing.

7.3.2

If you register a RECX Account on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to legally bind that entity and to grant RECX all permissions and licenses provided under these Legal Terms.

7.3.3

You may register your RECX Account using an email address and password, or through certain third-party social networking services such as Facebook or Google ("SNS Account"). You may disconnect your SNS Account from your RECX Account at any time by adjusting your account settings.

7.3.4

You may not register more than one (1) RECX Account unless expressly authorized in writing by RECX. You may not assign, sell, or otherwise transfer your RECX Account to any other person or entity.

7.4 Account Security

7.4.1

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your RECX Account.

7.4.2

You agree to notify RECX immediately if you know or suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised, or if you believe there has been any unauthorized use of your RECX Account.

7.4.3

RECX reserves the right to remove, reclaim, or change a username if it determines, in its sole discretion, that such username is inappropriate, obscene, deceptive, or otherwise objectionable.

7.4.4

RECX is not liable for any loss or damage arising from your failure to maintain the confidentiality of your credentials or from unauthorized access to your RECX Account resulting from your acts or omissions.

7.5 Memberships and Subscriptions

7.5.1

If you enroll in a subscription-based membership, your membership will automatically renew at the end of each one-year term unless you turn off auto-renewal at least twenty-four (24) hours before the current term expires.

7.5.2

You may cancel your membership at any time. Upon cancellation, you will retain access to membership benefits for the remainder of the current term, and no refunds will be issued for early termination.

7.5.3

To cancel, log in to your account at rec-x.com, navigate to Profile > Billing & Membership, and select Cancel Membership.

8. PURCHASES AND PAYMENT

8.1 Accepted Payment Methods

RECX accepts the following forms of payment for transactions conducted through the Services:

• Visa
• Mastercard
• American Express
• Discover

All transactions are processed in United States Dollars (USD).

8.2 Account and Payment Information

8.2.1

You agree to provide current, complete, and accurate purchase and account information for all transactions made via the Services.

8.2.2

You must promptly update all account and payment details, including billing address, email address, payment method, and payment card expiration date, to ensure successful processing of your transactions and continued access to the Services.

8.2.3

By submitting payment information, you represent and warrant that you are authorized to use the designated payment method and that all payment information provided is accurate.

8.3 Pricing, Charges, and Taxes

8.3.1

All charges for purchases or bookings are payable at the prices in effect at the time the order or booking is placed. You authorize RECX to charge your chosen payment method for the total amount due, including applicable taxes and fees.

8.3.2

Sales tax, use tax, or other applicable taxes will be added to the purchase price as required by law. Taxes are calculated based on the billing address or transaction location.

8.3.3

RECX reserves the right to correct pricing errors or discrepancies at any time, even after payment has been requested or received. If an error results in an incorrect charge, RECX may issue an adjustment or refund as appropriate.

8.3.4

Prices are subject to change at any time without prior notice.

8.4 Order Acceptance and Limitations

8.4.1

RECX reserves the right to refuse or cancel any order or booking, in whole or in part, at its sole discretion.

8.4.2

We may, without notice, limit or cancel quantities purchased per person, per household, or per order. This includes orders placed by or under the same customer account, using the same payment method, or associated with the same billing or shipping address.

8.4.3

RECX reserves the right to prohibit transactions that, in its sole judgment, appear to be placed by dealers, resellers, or distributors, or that otherwise violate these Terms.

8.5 Payment Processing and Security

8.5.1

All payments are processed securely through a third-party payment processor (currently Stripe). RECX does not store or retain full payment card information.

8.5.2

Your payment data and related personal information will be handled in accordance with RECX's Privacy Policy and the payment processor's own privacy and security standards.

8.5.3

You agree that RECX is not liable for any issues, delays, or losses resulting from the performance, nonperformance, or security practices of third-party payment processors.

8.6 Refunds and Returns

Refunds, cancellations, and return requests are governed by RECX's Refunds and Cancellations Policy (see Section 9). You acknowledge that by completing a transaction through the Services, you accept the applicable refund terms in effect at the time of purchase.

9. REFUNDS AND CANCELLATIONS

9.1 General Policy

9.1.1

Except as required by law, all transactions are final. Once a purchase or booking is completed through the Services, no refunds, cancellations, or credits will be issued.

9.1.2

You acknowledge that your access to and use of the Services constitutes acceptance of this policy. By completing a purchase, you agree that you are not entitled to a refund except where mandated by applicable consumer protection laws.

9.2 Exceptions Required by Law

9.2.1

If Services are defective, not delivered as described, or otherwise fail to meet statutory consumer protection requirements under applicable law, you may be eligible for a refund or other remedy.

9.2.2

Requests for refunds or remedies under this section must be submitted in writing to support@rec-x.com with sufficient detail and documentation to allow RECX to assess the claim.

9.2.3

RECX reserves the right to verify and determine, in its sole discretion, whether a refund or alternative remedy is required under applicable law.

9.3 Refund Processing

9.3.1

Where a refund is approved, RECX will process it using the original payment method unless otherwise required by law.

9.3.2

Refund amounts will be limited to the total amount paid for the affected transaction.

9.3.3

Refund processing times may vary depending on your financial institution. RECX is not responsible for delays caused by third-party payment processors or banks.

9.4 Final Transactions

9.4.1

By using the Services, you agree that purchases are final upon confirmation. No partial refunds, chargebacks, or reversals will be honored except as expressly required by law.

9.4.2

This refund policy applies equally to one-time purchases, subscriptions, bookings, and other paid transactions conducted through the Services.

10. PROHIBITED ACTIVITIES

10.1 Restricted Conduct and Misuse of the RECX Site

You are solely responsible for complying with all laws, rules, regulations, and tax obligations that apply to your use of the RECX Site. In connection with your use of the RECX Site, you must not, and must not assist or enable others to:

• Breach or circumvent any applicable law, regulation, third-party agreement, or these Terms.
• Use the RECX Site or its content for any commercial or other purpose not expressly permitted by these Terms, or in a manner that implies false RECX endorsement, partnership, or affiliation.
• Offer access to property or services you do not own or lack authorization to list through the RECX Site.
• Request, accept, or make any payment outside the RECX Site. Any such action (i) breaches these Terms, (ii) transfers all risk and responsibility to you, and (iii) releases RECX from any related liability.
• Circumvent or attempt to circumvent the payment process, service fees, or other platform mechanisms.
• Copy, store, access, or use any information, including personal data about other users, in a manner inconsistent with the RECX Privacy Policy or that violates privacy rights.
• Use the RECX Site to distribute unsolicited commercial messages or "spam."
• Contact another user for any reason unrelated to your own booking, listing, or legitimate use of the RECX Site, including recruiting users to external platforms or services.
• Discriminate against, harass, or harm any person based on race, national origin, religion, gender, gender identity, disability, medical condition, marital status, age, or sexual orientation, or engage in any violent, abusive, or disruptive behavior.
• Upload, transmit, or attempt to upload or transmit any viruses, Trojan horses, spyware, or other material intended to interfere with, damage, or alter the operation or security of the RECX Site.
• Engage in automated access, including data mining, scraping, bots, crawlers, spiders, or other tools that collect or extract data without RECX's written consent.
• Use, display, mirror, or frame the RECX Site or any part of its content, including RECX trademarks or layout, without written consent.
• Dilute, tarnish, or otherwise harm the RECX brand, including through unauthorized use of RECX's intellectual property or confusingly similar identifiers.
• Avoid, bypass, remove, deactivate, or impair any technological or security measures implemented by RECX or its providers.
• Attempt to decipher, decompile, disassemble, or reverse engineer any software used in or for the RECX Site, except as permitted by law.
• Take any action that damages or adversely affects the performance, integrity, or security of the RECX Site or related networks.
• Impersonate any person or entity, misrepresent your affiliation, or create user accounts by automated means or under false pretenses.
• Make improper use of RECX's support services or submit false reports of abuse or misconduct.
• Use the RECX Site to advertise or offer to sell goods or services not approved or permitted by RECX.
• Use the RECX Site as part of any effort to compete with RECX or for any unauthorized revenue-generating purpose.
• Sell, transfer, or assign your RECX profile or account to any other person.

10.2 Monitoring and Enforcement Rights

RECX is not obligated to monitor access to or use of the RECX Site by any user or to review or edit any user content. RECX retains the right, at its discretion, to do so in order to:

• (i) operate, secure, and improve the Site;
• (ii) ensure compliance with these Terms;
• (iii) comply with legal obligations or law enforcement requests;
• (iv) respond to user content that RECX deems harmful or objectionable; or
• (v) protect the legitimate interests of RECX and its users.

Users agree to cooperate in good faith with any RECX investigation concerning potential misuse of the Platform.

10.3 Reporting Misconduct or Illegal Behavior

If you believe another user is acting inappropriately, including engaging in offensive, violent, fraudulent, or illegal behavior, you should immediately report the matter to law enforcement and then notify RECX, providing any available police report reference. Your report does not obligate RECX to take action beyond what the law requires.

10.4 Suspension or Termination for Violations

RECX may immediately suspend or terminate your access to the RECX Site for any breach of this Section 11 or any conduct that, in RECX's sole discretion, harms the integrity, security, or reputation of the RECX Platform or its Users.

11. CONTENT AND CONTRIBUTIONS

11.1 Scope of User Contributions and RECX Content

RECX may, in its sole discretion, enable users to (i) create, upload, post, send, receive, store, display, transmit, or otherwise make available text, photos, video, audio, graphics, suggestions, comments, or other materials ("User Contributions"), and (ii) access and view User Contributions and any content made available by RECX, including proprietary RECX content or third-party content licensed or authorized for use by RECX ("RECX Content"). Together, RECX Content and User Contributions are referred to as the "Collective Content."

11.2 Ownership and Intellectual Property Rights

The RECX Site, RECX Content, and User Contributions may, in whole or in part, be protected by copyright, trademark, and other intellectual property laws. You acknowledge and agree that the RECX Site and RECX Content, including all associated intellectual property rights, are the exclusive property of RECX and its licensors or authorized third parties. You must not remove, alter, or obscure any copyright, trademark, service mark, or proprietary rights notices incorporated in or accompanying the RECX Site, RECX Content, or User Contributions.

All trademarks, service marks, logos, trade names, and any other source identifiers of RECX used in connection with the RECX Site are trademarks or registered trademarks of RECX. Trademarks, service marks, logos, and trade names of third parties used in connection with the RECX Site or Collective Content are used for identification only and remain the property of their respective owners.

11.3 Restrictions on Use of Content

You must not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the RECX Site or Collective Content except as expressly permitted by these Terms or if you are the legal owner of your User Contributions. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by RECX or its licensors, except for the limited licenses expressly granted in these Terms.

11.4 Limited License to Access and Use the Platform

Subject to your compliance with these Terms, RECX grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the RECX application on your personal device(s) and (ii) access and view any Collective Content made available through the RECX Platform for your personal and non-commercial use.

11.5 License Granted to RECX by Users

By creating, uploading, posting, sending, receiving, storing, displaying, transmitting, or otherwise making available any User Contributions on or through the RECX Site, you automatically grant to RECX an unrestricted, worldwide, perpetual, irrevocable, transferable, royalty-free, fully-paid, non-exclusive license to host, store, copy, reproduce, modify, adapt, prepare derivative works of, distribute, publish, translate, publicly display, publicly perform, broadcast, transmit, sublicense, sell, resell, and otherwise use or exploit such User Contributions (including your name, image, likeness, company name, franchise name, and voice) in any media format and through any media channel, now known or hereafter developed, for any purpose, including commercial, marketing, or promotional use.

This license includes the right for RECX to use, reproduce, or distribute your User Contributions in connection with the promotion of the RECX Site and to grant sublicenses consistent with this license. To the extent permitted by applicable law, you waive all moral rights in your User Contributions and warrant that no such rights have been asserted.

11.6 User Representations and Warranties

You represent and warrant that:

• You are the sole and exclusive owner of all User Contributions that you make available on or through the RECX Site, or you have all rights, licenses, consents, and releases necessary to grant RECX the rights described in these Terms.
• Your User Contributions and RECX's use of them as authorized here do not infringe, misappropriate, or violate any third party's intellectual property, privacy, publicity, or contractual rights, or any applicable law.
• You have obtained any required consents, releases, or permissions from all individuals appearing in your User Contributions.
• Your User Contributions are not false, misleading, defamatory, obscene, offensive, violent, discriminatory, harassing, or otherwise unlawful.
• Your User Contributions do not contain or promote illegal or harmful activities, viruses, or malicious code, and do not violate RECX policy.

11.7 RECX's Rights to Moderate or Remove Content

You agree that RECX may, in its sole discretion and without notice, (i) edit, redact, re-categorize, or otherwise modify any User Contribution; (ii) remove or disable access to any User Contribution that RECX determines violates these Terms or applicable law; and (iii) pre-screen or delete any User Contribution at any time for any reason. RECX has no obligation to monitor User Contributions but retains the right to do so to protect the integrity, security, and lawful operation of the RECX Platform.

11.8 Copyright and Intellectual Property Complaints

RECX respects intellectual property rights and expects users to do the same. If you believe that any content on the RECX Site infringes your copyright, please notify RECX in accordance with its Copyright Policy.

11.9 Ownership Retained by Users

RECX does not assert ownership over your User Contributions. You retain full ownership of all intellectual property and other proprietary rights in your User Contributions, subject to the license granted to RECX in Section 10.5. You are solely responsible for your User Contributions and agree to hold RECX harmless from any liability related to or arising from them.

12. GUIDELINES FOR REVIEWS AND RATINGS

12.1

Within a reasonable time after completing a transaction or interaction through the RECX Site, users may leave a public review ("Review") and submit a rating ("Rating") about each other or about services provided through the Site. Ratings and Reviews reflect the opinions of individual users and do not represent the opinion of RECX. Ratings and Reviews are not verified by RECX for accuracy and may be incomplete, incorrect, or misleading.

12.2

When posting a Review or Rating, you agree to comply with the following standards:

• You must have firsthand experience with the person, property, or service being reviewed.
• Reviews must be accurate, truthful, and not misleading.
• Reviews must not contain profanity, defamatory statements, or abusive, racist, hateful, or discriminatory language.
• Reviews must not reference illegal conduct or make legal conclusions about others.
• Reviews must not contain references that discriminate based on race, color, religion, gender, gender identity, national origin, age, marital status, sexual orientation, or disability.
• You must not post Reviews on behalf of competitors for the purpose of influencing Ratings or damaging reputation.
• You must not organize or participate in any campaign that encourages others to post positive or negative Reviews.
• If you received any incentive, discount, free product, or compensation in connection with your Review, you must clearly disclose that fact in accordance with the Federal Trade Commission's Endorsement Guidelines.

12.3

You may not manipulate or attempt to manipulate the Ratings and Reviews system in any manner, including asking a third party to submit a false, biased, or misleading Review or Rating.

12.4

Reviews and Ratings are part of a user's public profile and may appear elsewhere on the RECX Platform, including listing pages, user profiles, or other related areas, together with other relevant information such as the number of transactions, response time, and account history.

12.5

By posting a Review, you grant RECX a perpetual, worldwide, royalty-free, fully paid, non-exclusive, transferable, and sublicensable license to use, copy, modify, translate, transmit, publicly display, distribute, and otherwise exploit such Review in any media or format now known or later developed for the purpose of operating, improving, and promoting the RECX Platform.

12.6

RECX may, in its sole discretion, accept, reject, edit, or remove any Review or Rating at any time and for any reason. RECX has no obligation to screen or monitor Reviews and assumes no responsibility or liability for any Review, Rating, or user content, even if others consider it inaccurate or objectionable.

12.7

You acknowledge that Reviews and Ratings are intended solely to assist users in evaluating each other and that RECX does not control or guarantee the accuracy, completeness, or reliability of any Review or Rating posted on the Platform.

13. MOBILE APPLICATION LICENSE

13.1

If you access the Services through the RECX mobile application (the "App"), RECX grants you a limited, revocable, non-exclusive, non-transferable license to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices in accordance with these Terms.

13.2

You must not:

• (i) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App;
• (ii) modify, adapt, enhance, translate, or create derivative works from the App;
• (iii) violate any applicable law, rule, or regulation in connection with your use of the App;
• (iv) remove, alter, or obscure any proprietary notice, including any copyright or trademark notice, displayed by RECX or its licensors;
• (v) use the App for any revenue-generating or commercial purpose for which it was not designed or intended;
• (vi) make the App available over a network or environment that allows simultaneous access or use by multiple devices or users;
• (vii) use the App to develop a product, service, or software that competes with or substitutes for the App;
• (viii) use the App to send automated queries, unsolicited commercial messages, or spam; or
• (ix) use any proprietary information or interface of RECX in the design, development, manufacture, or distribution of any applications, accessories, or devices for use with the App.

13.3

When you access the App through the Apple App Store or Google Play (each an "App Distributor"), the following additional terms apply:

• (i) The license granted to you is limited to a non-transferable license to use the App on a device utilizing the Apple iOS or Android operating system, as applicable, in accordance with the App Distributor's usage rules.
• (ii) RECX is responsible for providing maintenance and support services for the App as required by applicable law or as stated in these Terms. Each App Distributor has no obligation to furnish any maintenance or support services for the App.
• (iii) In the event of any failure of the App to conform to an applicable warranty, you may notify the App Distributor. In accordance with its terms and policies, the App Distributor may refund the purchase price (if any) paid for the App. To the maximum extent permitted by law, the App Distributor has no other warranty obligation with respect to the App.
• (iv) You represent and warrant that (a) you are not located in a country subject to a United States government embargo or designated as a "terrorist supporting" country, and (b) you are not listed on any United States government list of prohibited or restricted parties.
• (v) You must comply with all applicable third-party agreements when using the App. For example, if your use of the App relies on a VoIP service, your use must comply with your wireless data service agreement.
• (vi) You acknowledge and agree that each App Distributor is a third-party beneficiary of this Section 13. Each App Distributor has the right to enforce these Terms against you as a third-party beneficiary.

13.4

Your use of the App may involve the collection and use of device data, geolocation data, and push notifications, as described in the RECX Privacy Policy. By using the App, you consent to such collection and use, subject to your device settings and applicable law. RECX's handling of all data collected through the App is governed by its Privacy Policy.

14. THIRD-PARTY ACCOUNTS

14.1

As part of the functionality of the Services, you may link your RECX account with online accounts you hold with third-party service providers (each a "Third-Party Account") by either:

• (i) providing your Third-Party Account login information through the Services; or
• (ii) allowing RECX to access your Third-Party Account as permitted under the applicable terms and conditions governing that Third-Party Account.

14.2

You represent and warrant that you are authorized to disclose your Third-Party Account login information to RECX and to grant RECX access to such Third-Party Account, without breaching any agreement that governs your use of the Third-Party Account, and without obligating RECX to pay any fees or subjecting RECX to any usage limitations imposed by the third-party service provider.

14.3

By granting RECX access to any Third-Party Account, you understand and agree that:

• (i) RECX may access, make available, and store any content that you have provided to and stored in your Third-Party Account ("Social Network Content") so that it is accessible through your RECX account, including, without limitation, any friend lists or contacts; and
• (ii) RECX may submit to and receive from your Third-Party Account additional information to the extent permitted and disclosed at the time you link your account.

14.4

Depending on the Third-Party Accounts you choose and the privacy settings you have applied in those accounts, personally identifiable information you post to a Third-Party Account may be accessible through your RECX account. If a Third-Party Account or related service becomes unavailable, or RECX's access to it is terminated by the third-party service provider, the corresponding Social Network Content may no longer be available through the Services.

14.5

You may disable the connection between your RECX account and any Third-Party Account at any time through your account settings or by contacting RECX using the contact information provided in these Terms. RECX will make reasonable efforts to delete any information stored on its servers that was obtained through such Third-Party Account, except for your username and profile image that are associated with your RECX account.

14.6

You acknowledge that your relationship with each third-party service provider associated with a Third-Party Account is governed solely by your agreement(s) with that provider. RECX does not review or verify any Social Network Content for accuracy, legality, or non-infringement and is not responsible for any Social Network Content.

14.7

You acknowledge and agree that RECX may access your contacts list or email address book associated with a Third-Party Account or stored on your mobile device for the limited purpose of identifying and informing you of contacts who have registered to use the Services. You may deactivate this functionality at any time through your device or account settings.

14.8

RECX's access to and use of information obtained from your Third-Party Accounts is governed by the RECX Privacy Policy. RECX will use such information only for the purposes described in the Privacy Policy and as necessary to operate and improve the Services.

15. THIRD-PARTY WEBSITES AND CONTENT

15.1

The Services may contain, or you may be sent through the Site or App, links to other websites ("Third-Party Websites") as well as articles, text, photographs, graphics, designs, music, sound, video, applications, software, or other materials originating from third parties ("Third-Party Content").

15.2

RECX does not investigate, monitor, or verify any Third-Party Websites or Third-Party Content for accuracy, appropriateness, or completeness. RECX is not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content made available through or installed from the Services, including any content, accuracy, reliability, privacy practices, or policies contained therein.

15.3

The inclusion of, linking to, or permitting access to any Third-Party Website or Third-Party Content does not constitute or imply endorsement or approval by RECX. If you access or use any Third-Party Website or Third-Party Content, you do so at your own risk. These Terms no longer govern once you leave the Services.

15.4

You should review all applicable terms and privacy policies of any Third-Party Website or application you visit or use. Any purchase or transaction you make through a Third-Party Website is solely between you and the third party. RECX assumes no responsibility for such transactions.

15.5

You agree that RECX does not endorse the products or services offered on any Third-Party Website and that you will hold RECX harmless from any loss, harm, or damages resulting from your use of or interaction with Third-Party Websites or Third-Party Content.

16. ADVERTISERS

16.1

We allow advertisers ("Advertisers") to display advertisements and related information in designated areas of the Services, including sidebar and banner advertisements.

16.2

Our provision of advertising space does not constitute an endorsement or recommendation of any advertised products or services. RECX is not responsible for the content, accuracy, legality, or availability of any advertisements displayed on or through the Services.

16.3

Any transactions, communications, or other dealings between you and an Advertiser are solely between you and that Advertiser. RECX assumes no liability for any loss, damage, or obligation arising from such dealings.

16.4

Your interactions with advertisements may involve the collection and use of data. Such data will be handled in accordance with the RECX Privacy Policy.

16.5

RECX provides only the advertising space. No partnership, joint venture, agency, or other relationship exists or should be presumed to exist.

17. SERVICES MANAGEMENT

17.1

RECX reserves the right, but not the obligation, to monitor the Services for violations of these Terms, to take appropriate legal action against anyone who, in RECX's sole discretion, violates these Terms or applicable law, and to restrict or terminate such person's access to the Services.

17.2

RECX may, in its sole discretion and without notice, (i) refuse, restrict access to, limit the availability of, or disable any portion of the Services; (ii) remove or otherwise disable access to any content that may violate these Terms, applicable law, or the rights of any third party; and (iii) suspend or terminate your account for conduct that RECX determines, in its discretion, harms or threatens the operation, security, or integrity of the Services.

17.3

RECX may, but is not obligated to monitor or review any content uploaded, posted, or transmitted through the Services. RECX may remove, edit, or disable access to any such content if it determines whether the content is illegal, objectionable, or inconsistent with these Terms. RECX is not responsible for any delay or failure to remove such content.

17.4

You agree to cooperate with and assist RECX in good faith in connection with any investigation undertaken by RECX or a representative of RECX regarding the use or misuse of the Services. You also agree to provide RECX with such information and take such actions as may be reasonably requested by RECX.

17.5

RECX reserves the right to modify, suspend, or discontinue the Services, or any part thereof, at any time and for any reason, without notice or liability.

17.6

RECX may suspend or terminate your access to the Services immediately if you engage in any activity that interferes with the performance, security, or integrity of the Services, or if RECX believes your conduct exposes RECX, its users, or third parties to potential legal or reputational harm.

18. PRIVACY POLICY

18.1

RECX values your privacy and the security of your personal information. Please review the RECX Privacy Policy located at https://rec-x.com/privacy for details on how we collect, use, and protect your data.

18.2

By using the Services, you agree to be bound by the Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy forms part of the agreement between you and RECX.

18.3

The Services are hosted in the United States. If you access the Services from a region with laws governing personal data collection, use, or disclosure that differ from those of the United States, you acknowledge that your data will be transferred to and processed in the United States.

18.4

Through your continued use of the Services, you expressly consent to this transfer and processing and agree that RECX may handle your information in accordance with the Privacy Policy and applicable U.S. law.

19. TERM AND TERMINATION

19.1

These Terms remain in full force and effect while you use the Services. Your agreement with RECX will continue until terminated by either you or RECX as set forth in this Section.

19.2

You may terminate your account and discontinue use of the Services at any time by following the instructions in your account settings or by contacting RECX directly. Termination by you does not relieve you of any outstanding payment or obligation incurred prior to termination.

19.3

RECX RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO ANY PART THEREOF, AT ANY TIME AND FOR ANY REASON, INCLUDING BUT NOT LIMITED TO:

• (i) violation of these Terms or applicable law;
• (ii) conduct that RECX determines, in its sole discretion, harms or threatens the integrity, security, reputation, or operation of the Services;
• (iii) provision of false, misleading, or incomplete information; or
• (iv) failure to cooperate with any investigation undertaken by RECX.

19.4

Upon termination, all rights granted to you under these Terms will immediately cease, and you must stop all access to and use of the Services. RECX may, but is not required to, delete your account or any data associated with it, subject to applicable law and the Privacy Policy.

19.5

If your access to or use of the Services is suspended or terminated, you remain responsible for all obligations and liabilities incurred prior to termination, including payment of any fees, taxes, or damages owed to RECX or third parties.

19.6

RECX reserves the right to pursue all remedies available at law or in equity for violations of these Terms, including seeking injunctive relief or damages.

19.7

You agree to cooperate with and assist RECX in good faith following any termination, suspension, or investigation, including by providing information reasonably requested by RECX to resolve any dispute, legal inquiry, or enforcement action.

20. MODIFICATIONS AND INTERRUPTIONS

20.1

RECX reserves the right to modify, update, or discontinue the Services, or any part thereof, at any time and for any reason, in its sole discretion, without notice or liability to you.

20.2

RECX may, from time to time, introduce new features, modify existing functionality, or remove access to certain portions of the Services as part of its ongoing effort to improve the User experience, maintain security, or comply with applicable law.

20.3

RECX does not guarantee the continuous availability of the Services. The Services may be subject to interruptions, delays, or errors due to maintenance, system upgrades, technical failures, or circumstances beyond RECX's control, including acts of nature, network outages, or third-party service disruptions.

20.4

You agree that RECX will not be liable for any loss, damage, or inconvenience caused by any modification, suspension, or discontinuance of the Services. RECX is under no obligation to maintain or support the Services or to provide any updates, corrections, or enhancements.

20.5

RECX reserves the right to modify these Terms at any time. When changes are made, RECX will update the "Last Updated" date at the top of the Terms. Continued use of the Services after such changes constitutes your acceptance of the revised Terms.

21. GOVERNING LAW

21.1

These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Montana, without regard to its conflict of law principles.

21.2

You agree that any claim or dispute arising out of or relating to these Terms or your use of the Services will be brought exclusively in the state or federal courts located in Montana, and you consent to the personal jurisdiction and venue of those courts for the resolution of such disputes.

21.3

You acknowledge that RECX operates from the United States and that your access to and use of the Services are subject to all applicable U.S. laws and regulations.

22. DISPUTE RESOLUTION

22.1 Informal Negotiations

To expedite resolution and reduce the cost of any dispute, controversy, or claim arising out of or relating to these Terms or the Services (each a "Dispute"), the parties agree to first attempt to resolve any Dispute informally for at least thirty (30) days before initiating arbitration. Informal negotiations begin upon written notice from one party to the other. Each party agrees to act in good faith and cooperate during the negotiation period.

22.2 Binding Arbitration

If the parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT, WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND TO HAVE A JURY TRIAL.

• (a) The arbitration shall be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and, where applicable, the AAA Consumer Arbitration Rules, available at the AAA website.
• (b) Arbitration fees and arbitrator compensation will be governed by the applicable AAA Rules. If such costs are deemed excessive, RECX will pay all arbitration fees and expenses.
• (c) The arbitration may be conducted in person, by written submissions, by phone, or online. The arbitrator will issue a written decision and shall apply the laws of the State of Montana.
• (d) Unless required otherwise by the AAA Rules or applicable law, the arbitration will take place in Missoula, Montana.
• (e) The parties may seek judicial relief solely to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the arbitrator's award.

22.3 Court Proceedings

If a Dispute proceeds in court rather than arbitration, it must be brought exclusively in the state or federal courts located in Missoula, Montana. Each party consents to the personal jurisdiction and venue of such courts and waives all defenses based on lack of personal jurisdiction or forum non conveniens. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) do not apply to these Terms.

22.4 Time Limitation

To the extent permitted by law, any Dispute must be commenced within one (1) year after the cause of action arises. Disputes filed after this period are permanently barred. If this provision is found unenforceable, the affected portion shall be decided by a court of competent jurisdiction, and the remaining provisions shall continue in effect. This limitation does not apply where prohibited by applicable law.

22.5 Restrictions

The parties agree that:

• (i) Arbitration shall be limited solely to the individual Dispute between the parties.
• (ii) No arbitration shall be joined with any other proceeding.
• (iii) No Dispute shall be arbitrated or litigated on a class-action basis or as a representative action on behalf of others.

22.6 Exceptions

The following types of Disputes are excluded from the informal negotiation and binding arbitration provisions:

• (a) Disputes seeking to enforce or protect, or concerning the validity of, any intellectual property rights of either party;
• (b) Disputes relating to allegations of theft, piracy, invasion of privacy, or unauthorized use; and
• (c) Claims seeking injunctive relief.

If any portion of this Section is found unenforceable, that portion shall be decided by a court of competent jurisdiction, and the remainder shall remain in effect.

22.7 Cooperation Obligation

You agree to cooperate with and assist RECX in good faith in connection with any dispute resolution process, including providing information and documents reasonably requested by RECX to facilitate resolution.

23. CORRECTIONS

23.1

The Services may contain information that includes typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, or other details. Some information may be provided by users or third parties and may not have been independently verified by RECX.

23.2

RECX reserves the right to correct, update, or remove any errors, inaccuracies, or omissions, and to modify or update information on the Services at any time, without prior notice.

23.3

Minor corrections may be made without notice. If a correction materially affects your use of the Services or any pending transactions, such as changes to pricing or availability, RECX will provide reasonable notice or seek your confirmation before processing the change.

23.4

RECX does not guarantee that all information on the Services is complete, accurate, or current. You acknowledge that some content, including user-generated material or listings, may be inaccurate, incomplete, or outdated. RECX assumes no liability for any reliance placed on such information prior to correction or update.

23.5

RECX may, at its discretion, remove or modify any content that it determines to be inaccurate, misleading, or inconsistent with these Terms or applicable law.

24. DISCLAIMER

24.1

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RECX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION, RELIABILITY, OR AVAILABILITY OF THE SERVICES, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES.

24.2

TO THE FULLEST EXTENT PERMITTED BY LAW, RECX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

24.3

RECX DOES NOT WARRANT THAT THE SERVICES, OR ANY PORTION OF THEM, WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS, MOBILE DEVICES, OR DATA THAT RESULTS FROM YOUR USE OF THE SERVICES OR FROM DOWNLOADING ANY MATERIAL MADE AVAILABLE THROUGH THE SERVICES.

24.4

RECX is not responsible for any errors, inaccuracies, or omissions in information, whether provided by RECX, Users, or third parties. RECX does not guarantee the accuracy, completeness, or timeliness of any content or information available through the Services.

24.5

RECX is not a party to any transaction, communication, or agreement between Users. RECX does not control or verify User Content, listings, or interactions, and disclaims all responsibility for the conduct, acts, or omissions of Users, third parties, or service providers.

24.6

Although RECX may obtain or maintain certain insurance coverage for operational purposes, such coverage does not extend to Users. You are solely responsible for obtaining and maintaining any insurance that may be appropriate for your participation, use, or Activities conducted through the Services.

24.7

RECX does not warrant or endorse any products or services advertised, listed, or offered through the Services. Any reliance on materials, advice, or representations found on the Services is at your own risk.

24.8

TO THE EXTENT PERMITTED BY LAW, RECX DISCLAIMS ALL RESPONSIBILITY FOR ANY INJURY, LOSS, DAMAGE, OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, INCLUDING ANY INTERACTIONS WITH OTHER USERS OR THIRD PARTIES, WHETHER ONLINE OR OFFLINE.

24.9

No advice or information, whether oral or written, obtained from RECX or through the Services creates any warranty not expressly stated in these Terms.

25. LIMITATIONS OF LIABILITY

25.1

TO THE FULLEST EXTENT PERMITTED BY LAW, RECX, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SERVICES.

25.2

RECX's total cumulative liability for any claim arising out of or relating to these Terms or your use of the Services shall not exceed the greater of:

• (a) the total amount paid by you to RECX, if any, during the six (6) months immediately preceding the event giving rise to the claim; or
• (b) one hundred dollars ($100).

This limitation applies regardless of the cause of action or legal theory, whether in contract, tort, negligence, strict liability, or otherwise.

25.3

The limitations of liability set forth in this section apply even if RECX has been advised of or should have known of the possibility of such damages and even if any limited remedy fails of its essential purpose.

25.4

RECX does not assume responsibility for the acts, omissions, or conduct of any User, Guest, Property Owner, Advertiser, or Third Party in connection with your use of the Services. You acknowledge and agree that you use the Services, engage with other Users, and rely on any information or content at your own risk.

25.5

TO THE EXTENT PERMITTED BY LAW, YOU RELEASE RECX FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN USERS OR WITH THIRD PARTIES.

25.6

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, RECX's liability shall be limited to the maximum extent permitted by law.

26. INDEMNIFICATION

26.1

You agree to defend, indemnify, and hold harmless RECX, its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• (a) your access to or use of the Services;
• (b) your breach of these Terms or any applicable law or regulation;
• (c) your violation of any third-party rights, including intellectual property, privacy, or publicity rights;
• (d) any misrepresentation made by you; or
• (e) any content, data, or materials you submit, post, transmit, or make available through the Services.

26.2

RECX reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate fully with RECX in asserting any available defenses and in responding to any requests for information or participation related to such matters.

26.3

You may not settle or compromise any claim that gives rise to indemnification without RECX's prior written consent. RECX may participate in the defense of any claim at its own expense.

26.4

This indemnification obligation applies to all uses of the Services and survives the termination, suspension, or expiration of your account or these Terms.

26.5

RECX will provide you with prompt notice of any claim subject to this section, provided that failure to give prompt notice will not relieve you of your indemnification obligations except to the extent you are materially prejudiced by such failure.

27. USER DATA

27.1

RECX may collect, store, and use data that you transmit or generate through your use of the Services, including information related to your account activity, preferences, communications, and interactions ("User Data"), as described in our Privacy Policy.

27.2

You are solely responsible for all User Data you provide or make available through the Services, including its accuracy, legality, and maintenance. RECX is not responsible for any loss, corruption, or unauthorized access to User Data arising from your failure to maintain appropriate security measures on your devices or networks.

27.3

While RECX implements reasonable administrative, technical, and physical safeguards to protect User Data, you acknowledge that no electronic transmission or storage system can be guaranteed to be completely secure. You transmit all data at your own risk.

27.4

RECX reserves the right, but has no obligation, to maintain, archive, or delete any User Data following termination of your account or cessation of your use of the Services, in accordance with applicable law and our Privacy Policy.

27.5

By using the Services, you grant RECX a non-exclusive, worldwide, royalty-free right to collect, store, process, and analyze User Data solely as necessary to operate, improve, and secure the Services, subject to the limitations in our Privacy Policy.

27.6

RECX may access and review User Data to the extent necessary to (a) operate and maintain the Services; (b) detect, prevent, or address fraud, abuse, or security issues; (c) comply with legal obligations or requests from authorities; and (d) enforce these Terms.

27.7

RECX will not be liable for any loss or deletion of User Data that results from maintenance, upgrades, technical failures, or causes beyond our reasonable control.

28. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

28.1

By accessing and using the Services, sending us emails, or completing online forms, you consent to receive communications from RECX electronically, including emails, text messages, notices, agreements, disclosures, and other information related to the Services or these Terms.

28.2

You agree that all electronic communications from RECX satisfy any legal requirement that such communications be in writing. You also consent to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by RECX or through the Services.

28.3

You agree not to challenge the validity, enforceability, or admissibility of any communication, contract, or record transmitted electronically between you and RECX on the basis that it was executed or maintained in electronic form.

28.4

RECX may issue legally binding notices or updates regarding your account or these Terms through the Services interface, by email, or through other electronic means. You acknowledge that such communications constitute official notice from RECX.

28.5

Certain notices, including those concerning privacy rights or other matters required by law, may still be provided in physical form at RECX's discretion. You are responsible for maintaining an accurate email address and contact information to receive all electronic notices.

28.6

Your consent to receive communications electronically remains in effect unless and until you withdraw it in writing by contacting RECX. Withdrawal of consent may limit or terminate your ability to use portions of the Services that require electronic communications.

29. SMS TEXT MESSAGING

29.1

By providing your mobile phone number to RECX, you consent to receive text messages from us for account verification, service updates, promotional communications, and other operational purposes related to your use of the Services. Message frequency may vary.

29.2

Standard message and data rates from your mobile carrier may apply. You are responsible for any such charges incurred from your carrier. If you have questions about your text or data plan, contact your mobile service provider.

29.3

You may opt out of receiving non-essential text messages at any time by replying "STOP" to any RECX message. After opting out, you may still receive texts that are transactional or legally required, such as security alerts, verification codes, or notices about your account activity.

29.4

To request assistance with text communications, reply "HELP" to any RECX message or contact us using the information provided in these Terms. We will make reasonable efforts to respond promptly.

29.5

RECX reserves the right to suspend or terminate SMS communications at any time without notice. We may also modify this SMS Text Messaging Policy, and such modifications will become effective upon posting or notification through the Services.

29.6

By continuing to use the Services after providing your mobile number, you acknowledge and agree that:

• (a) your consent to receive SMS messages is not a condition of purchasing or using any product or service;
• (b) you are the current subscriber or authorized user of the phone number you provided; and
• (c) you will promptly notify RECX if your mobile number changes or is reassigned to another person.

29.7

RECX is not liable for delayed or undelivered messages. Message delivery depends on your mobile service provider and network performance, which are outside our control.

29.8

All information collected through SMS communications is handled in accordance with our Privacy Policy.

30. CALIFORNIA USERS AND RESIDENTS

30.1

If any complaint or concern regarding the Services is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at:

1625 North Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

30.2

California residents have specific rights under state law regarding their personal information. These include the right to access, correct, delete, and restrict certain uses of their personal data. For a full description of these rights and how to exercise them, please review our Privacy Policy, which explains your rights under:

• (a) the California Consumer Privacy Act (CCPA);
• (b) the California Privacy Rights Act (CPRA); and
• (c) the California "Shine the Light" law, which provides certain rights to request information about how RECX shares your personal information with third parties for their own direct marketing purposes.

30.3

RECX does not discriminate against users who exercise their privacy rights under California law. Your continued use of the Services following any updates to the Privacy Policy constitutes acknowledgment and acceptance of those changes.

31. MISCELLANEOUS

31.1 Entire Agreement

These Terms, together with our Privacy Policy and any other documents expressly incorporated by reference, constitute the entire and exclusive agreement between you and RECX regarding your access to and use of the Services. These Terms supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, concerning the subject matter hereof.

31.2 Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Legal Terms without RECX's prior written consent. Any attempt to do so without consent will not be valid. RECX may assign or transfer its rights and obligations under these Terms, in whole or in part, to an affiliate or successor entity without restriction.

31.3 Waiver

No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or any other term. RECX's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

31.4 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision will be deemed modified to the minimum extent necessary to make it valid and enforceable, consistent with the original intent of the parties.

31.5 Force Majeure

RECX shall not be liable or responsible for any delay or failure in performance resulting from events outside its reasonable control, including but not limited to natural disasters, acts of government, war, terrorism, labor disputes, system failures, or interruptions in internet service.

31.6 No Agency Relationship

Nothing in these Terms shall be construed as creating a joint venture, partnership, employment, or agency relationship between you and RECX. You agree that you are acting solely on your own behalf and for your own benefit when accessing or using the Services.

31.7 Headings and Interpretation

Headings are included for convenience only and do not affect the interpretation of these Terms. References to "including" or "includes" mean "including without limitation."

31.8 Survival

All provisions of these Terms which by their nature should survive termination of your relationship with RECX, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability, shall survive such termination.

31.9 Notices

Any notices required or permitted under these Terms must be in writing and will be deemed given:

• (a) when delivered personally;
• (b) when sent by confirmed email; or
• (c) three (3) days after being mailed by certified or registered mail to the address provided by either Party.

RECX may also provide notice through the Services, which shall constitute effective notice upon posting.