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Recon™ Instruments Inc.
Terms of Service for Engage™ Services


Last Updated: April 16, 2015.


PLEASE CAREFULLY READ THESE TERMS OF SERVICE BEFORE REGISTERING FOR OR USING ENGAGE™ SERVICES. THESE TERMS OF SERVICE ARE A BINDING CONTRACT THAT GOVERNS USE OF ENGAGE SERVICES, EXEMPTS RECON AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY, SPECIFIES THE JURISDICTION FOR RESOLUTION OF DISPUTES, AND CONTAINS OTHER IMPORTANT PROVISIONS.


BY SUBSCRIBING FOR ENGAGE SERVICES, AND EACH TIME YOU ACCESS OR USE ENGAGE SERVICES, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THE MOST CURRENT VERSION OF THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT AND AGREE TO THE MOST CURRENT VERSION OF THESE TERMS OF SERVICE, YOU MAY NOT SUBSCRIBE FOR, OR ACCESS OR USE, ENGAGE SERVICES.



  1. Introduction: These Terms of Service are a binding agreement between you and Recon Instruments Inc. (“Recon”) and govern your use of Engage Services and Engage Content and related matters. Each time you access or use Engage Services you acknowledge and signify that you have read, understood, and agreed to the most current version of these Terms of Service. If you do not accept and agree to the most current version of these Terms of Service, you may not access or use Engage Services or Engage Content.
  2. Definitions: In these Terms of Service:
    1. “Account” means an account for the use of Engage Services.
    2. “Content” means text, information, graphics, photographs, images, audio, video, location data and other forms of data or communication.
    3. “Engage Content” means: (i) Content that originates from Recon and its licensors and service providers (the “Recon Content”); (ii) Content submitted, posted, displayed, transmitted or provided to or through Engage Services by third party service providers, including by Linked Services (“Third Party Service Content”); (iii) Content submitted, posted, displayed, transmitted or provided to or through Engage Services by other users of Engage Services (“User Content”); and (iv) Content submitted, posted, displayed, transmitted or provided to or through Engage Services by you for your own use or for use by other users of Engage Services (“Your Content”).
    4. “Engage Services” means the various services (including location services, social media services and media services) provided by Recon and accessible using Engage Software.
    5. “Engage Software” means computer programs (including desktop computer software, applications for mobile phones and other mobile devices and software for Recon Devices) designed to interoperate with Engage Services and licensed by you from Recon.
    6. “Linked Service” means an online service or site (such as social networking, photo sharing, location tracking, fitness tracking and messaging) operated by a third party to which you have subscribed and which you link to your Account.
    7. “Recon Device” means a heads-up display (HUD) technology product manufactured by or on behalf of Recon that is compatible with Engage Software.
    8. “User Device” means a personal computer, mobile phone or other mobile device that is owned or controlled by you and is compatible with Engage Software.
    9. “Use” means any and all forms of use, including copy, reproduce, load, install, access, configure, reformat, modify, reformat adapt, alter, edit, change, delete, enhance, translate, adapt, host, store, backup, archive, combine with and incorporate into other works, create derivate works from, publish, publicly perform, publicly display, publicly distribute, distribute to the public, broadcast, exhibit, communicate to the public and otherwise fully exploit and use.
  3. Other Agreements and Terms/Policies:
    1. General: These Terms of Service are in addition to other agreements you may have with Recon, including agreements governing your purchase and use of Recon Devices and agreements governing your installation and use of Engage Software (collectively the “Device/Software Agreements”). Certain features and services of Engage Services or certain Engage Content may be subject to additional terms and conditions or mandatory policies and procedures (collectively the “Additional Terms/Policies”), which are available on the Engage website at www.engage.reconinstruments.com/terms (the “Engage Website”). The Additional Terms/Policies are hereby incorporated into and form part of these Terms of Service.
    2. Software Downloads: For Your convenience, Engage Services may facilitate the downloading of computer software. All software available for download through Engage Services is owned by or licensed from Recon or third parties, and the downloading and use of the software is subject to the software license agreement applicable to the software. Recon has no control over, or responsibility or liability for, any third party software downloaded from or through Engage Services, and Recon make no representations, warranties or conditions regarding the third party software. Your downloading and use of third party software and your dealings with the suppliers of the software is at your own risk, and you may not make any claim against Recon arising out of, connected with, or relating to your downloading and use of any third party software obtained through Engage Services.
    3. Conflicts/Priority: If there is a conflict or inconsistency between these Terms of Service and any Device/Software Agreements or Additional Terms/Policies, then: (i) the Additional Terms/Policies will take priority and govern regarding the specific service to which they apply; (ii) the Device/Software Agreements will take priority and govern regarding the specific Recon Device or Engage Software to which they apply; and (iii) these Terms of Service will take priority and govern regarding Engage Services and Engage Content.
  4. Changes to Terms of Service: Recon in its discretion may change these Terms of Service or Additional Terms/Policies at any time, without any prior notice to you, by posting the changed Terms of Service or Additional Terms/Policies (as applicable) on the Recon website at www.engage.reconinstruments.com/terms. The changed Terms of Service or Additional Terms/Policies (as applicable) are effective immediately upon posting on the Recon website, unless the amended Terms of Service or Additional Terms/Policies (as applicable) expressly state otherwise. It is your responsibility to check the “Last Updated” date at the top of these Terms of Service and the Additional Terms/Policies and review any changes since the previous version. By using Engage Services after these Terms of Service or Additional Terms/Policies have been changed, you signify your acceptance and agreement to the changed Terms of Service or Additional Terms/Policies (as applicable). You may not change, supplement or amend these Terms of Service or Additional Terms/Policies in any manner.
  5. Restrictions/Changes/Availability: Engage Services and Engage Content may contain technologies that restrict or limit the use or functionality of Engage Services and Engage Content (including based on time or location). Recon in its discretion and for its sole convenience may change, suspend, discontinue, modify, restrict, remove, delete, disable, cancel or terminate any or all Engage Services or Engage Content (including Your Content), or limit your access to or use of any or all Engage Services or Engage Content (including Your Content), at any time without notice or liability to you or any other person. Engage Services and Engage Content may be interrupted or unavailable from time to time, including for routine (scheduled) and emergency (unscheduled) maintenance, upgrades and repairs or due to the failure of telecommunications links and infrastructure that are beyond the control of Recon, all without notice or liability to you or any other person.
  6. Eligible Users:
    1. Eligibility: In order to use Engage Services you must be of legal age (the age of majority) in the jurisdiction in which you live (which in most jurisdictions is either 18 or 19 years of age) and capable of forming a binding contract under applicable law (including the laws of the jurisdiction in which you are located). By applying for an Account or otherwise using Engage Services, you represent and warranty that you are eligible to use Engage Services as set forth in this section 6(a) and that you are not prohibited from using Engage Services or Engage Content by applicable law (including the law of the jurisdiction in which you are located) or otherwise.
    2. Youth and Children: If you are under 13 years of age (or equivalent minimum age in the relevant jurisdiction), then you may not use Engage Services. If you are older than 13 years of age (or equivalent minimum age in the relevant jurisdiction) but under the legal age (the age of majority) in the jurisdiction in which you live (which in most jurisdictions is either 18 or 19 years of age), then your parent or legal guardian may apply for an Account on your behalf and authorize you to use that Account and Engage Services under their supervision. In those circumstances, your parent/guardian is fully responsible and liable for your compliance with these Terms of Services and for your use of Engage Services.
    3. Disqualification: You may not use Engage Services if you do not accept these Terms of Service, if you have breached these Terms of Service, if your permission to use Engage Services has been suspended or terminated by Recon, if these Terms of Service as they apply to you have been terminated or if you are located in a jurisdiction where access to or use of Engage Services or Engage Content is unlawful. Notwithstanding the foregoing or any other provision of these Terms of Service, Recon reserves the right in its discretion and for its sole convenience to refuse to provide Engage Services to you or any other person.
  7. Permitted Use: Subject to these Terms of Service and all applicable laws, you may use Engage Services and Engage Content for your own lawful, personal use for non-commercial purposes only, only in the manner expressly permitted by Engage Services and Engage Software, and subject to the restrictions and requirements specified in these Terms of Service, including all applicable Additional Terms/Policies (including the Engage Acceptable Use Policies which are available on the Engage Website. Use of Engage Services or Engage Content for any other purpose or in any other manner is strictly prohibited.
  8. Legal Compliance/Location/Language: You are solely responsible and liable for ensuring that your interaction with users of Engage Services and your use of Engage Services and Engage Content (including all of Your Content) complies with all applicable laws, including the laws of the jurisdiction in which you are located. Recon makes no representation or warranty that Engage Services or Engage Content are appropriate or available for use in any particular location. Engage Services and Engage Content are not available in all languages or in all countries.
  9. Restrictions/Prohibitions: You may not: (a) use Engage Services or Engage Content in any manner or for any purpose except as expressly permitted by these Terms of Service; (b) use Engage Services or Engage Content for a commercial or business purpose (whether or not for profit) or for the benefit of any other person; (c) use Engage Services or Engage Content to violate any applicable law (including a law in the jurisdiction in which you are located); (d) use Engage Services or Engage Content in a way that interferes with or disrupts the integrity or performance of Engage Services or Engage Content or related systems or networks, or to attempt to gain unauthorized access to Engage Services or Engage Content or related systems or networks; (e) license, sublicense, grant, sell, resell, lend, rent, lease, loan, share, transfer, assign, pledge, copy, reproduce, distribute, imitate, publish, republish, translate, repost, publicly display, public perform, transmit, distribute, create any interest in, commercially exploit, or otherwise give or make available or permit access or use of Engage Services or Engage Content to or for the benefit of any other person, whether as a service bureau or otherwise, and with or without charge; (f) index, crawl, catalogue, mirror, frame, scrape, cache, or otherwise collect or mine data (including the names or contact information of other users of Engage Service) from Engage Services or Engage Content for any purpose whatsoever and using any technologies, tools or methods (including robots, spiders, crawlers, or other automatic devices, programs or methodologies) whatsoever; (g) except as and only to the extent expressly permitted by these Terms of Service or applicable law, adapt, alter, change, enhance, modify, improve or translate Engage Services or Engage Content, create derivative works from or based on Engage Services or Engage Content, merge, embed or combine Engage Services or Engage Content with any other service, software or materials, or reverse engineer, disassemble, decompile, convert into human readable format, or otherwise attempt to access or derive the source code of, the software or other technologies used to provide Engage Services or Engage Content; (h) use Engage Services to upload, transmit, or distribute any virus, worm, “Trojan Horse”, or other code or routine that manifests contaminating or destructive properties that may damage, harm, detrimentally interfere with, or otherwise adversely affect Engage Services or Engage Content or any computer system, hardware, software, equipment or services or any related data; (i) alter, attempt to circumvent, destroy, obscure, conceal, modify, or remove any notices (including proprietary rights notices), proprietary codes or locks, means of identification, digital rights tools or management information, technological protection measures, security or control measures, or agreements on, in or in relation to Engage Services or Engage Content; (j) use multiplexing or pooling software or similar technologies in connection with Engage Services; (k) develop software applications for internal use with Engage Services; (l) attempt to gain unauthorized access to or use of Engage Services or Engage Content or any related computer system, network, hardware, software, equipment, service or data (including by hacking or password mining) or attempt to circumvent the ordinary navigational structure, technical delivery systems or display of Engage Services or Engage Content or attempt to access or use Engage Services or Engage Content by any means that is not purposely made available to you by Recon; (m) test or tamper with the security of Engage Services or Engage Content or attempt to interfere with the proper functionality, operation or performance of Engage Services or Engage Content or any other person’s use of Engage Services or Engage Content; (n) access or use Engage Services or Engage Content to: (i) create a competitive product or service, or a product or service using similar ideas, features, functions or graphics; (ii) copy any ideas, features, functions or graphics of Engage Services or Engage Content; or (iii) monitor or assess the availability, performance or functionality of Engage Services or Engage Content for any other benchmarking or competitive purposes; or (o) authorize, assist, encourage or enable any other person to do any of the foregoing or to use Engage Services or Engage Content in a way that would constitute an infringement of the rights of Recon or any other person or a breach of these Terms of Service if it were done by you.
  10. Monitoring: Recon is not obliged to monitor the use of Engage Services or Engage Content (whether posted or transmitted publicly or privately), but Recon reserves the right to do so in Recon’s discretion (including for the purpose of operating Engage Services, verifying compliance with these Terms of Service or to comply with applicable laws or an order or requirement of a court, law enforcement authority, administrative or regulatory agency or other governmental body) without notice or liability to you or any other person.
  11. Accounts/Credentials:
    1. General: To access and use certain features and services of Engage Services you must register with Engage Services, have a valid and subsisting Account, and use a valid user name and password that complies with Recon’s technical requirements and all applicable Additional Terms/Policies (collectively “Credentials”). Without limiting the foregoing or any other provision of these Terms of Service, you will not use a user name that: (i) is the name of another person with the intention of impersonating that person; (ii) misappropriates, infringes or violates the rights of any other person or any applicable law; or (iii) is offensive, vulgar, obscene or otherwise in bad taste.
    2. Restrictions: You may have only one (1) Account. Your Account and Credentials are personal to you, and may not be shared with any other person. You may not create an Account for anyone else. You are fully responsible and liable for maintaining the confidentiality of your Credentials and for any and all use and misuse of your Account and Credentials (including all transactions using your Account or Credentials) and for all resulting loss, damage and liability. You may not disclose your Credentials to any other person or permit any other person to use your Account or Credentials.
    3. Notices: You will immediately notify Recon’s customer care by email to support@reconinstruments.com if you discover any unauthorized use of your Account or you know or suspect that your Credentials have been lost or stolen or become known to or used by any other person.
    4. Reliance/Verification: Recon may act upon any communication that is given through your Account or by using your Credentials. Recon is not under any obligation to verify the actual identity or authority of any person using your Account or Credentials, but Recon in its discretion may at any time require verification of the identity of any person seeking to access your Account and may deny access to and use of your Account and Engage Services if Recon is not satisfied with the verification.
    5. Suspension/Termination: Recon in its discretion may cancel or suspend your Account or reject, revoke or require that you change or renew your Credentials at any time without notice or liability to you or any other person, including if your Account is inactive or if your Credentials fail to comply with these Terms of Service. If your Account is suspended, cancelled or terminated by Recon, you may not create another Account without Recon’s express prior written consent.
  12. Linked Services:
    1. General: For your convenience, Engage Services may enable you to link your Account to other online services to which you have previously subscribed, such as social networking, photo sharing, messaging and other web services (each a “Linked Service”). You may link your Account only to your own personal account for a Linked Service and only if permitted by the terms of service or other agreement that governs your use of the Linked Service. To activate and operate a link between your Account and a Linked Service, you may be required to provide us with your account information (including your username, password or other credentials) for the Linked Service. By linking a Linked Service to your Account, you expressly authorise Recon to collect, retain and use your account information for the Linked Service on your behalf and as your agent in order to provide you with access to the Linked Service through your Account and Engage Services.
    2. Cancellation: You may cancel a link between your Account and a Linked Service at any time using the account provisioning tools made available through Engage Services or Engage Software. Recon may cancel a link between your Account and a Linked Service at any time without notice or liability to you or any other person.
    3. Compliance/Responsibility: You are solely responsible for your selection and use of a Linked Service. Your access to and use of a Linked Service through Engage Services and the information, data and other content available through the Linked Service are subject to these Terms of Service and the terms of service or other agreements that govern your use of the Linked Service. You will ensure that your use of a Linked Service and the information, data and other content available through the Linked Service complies with the terms of service or other agreements that govern your use of the Linked Service and all applicable laws. Linked Services are independent from Recon, and Recon does not endorse, and has no responsibility or liability for or control over, Linked Services. Your use of Linked Services and your dealings with the owners or operators of Linked Services are at your own risk, and you will not make any claim against Recon arising from, connected with, or relating to your use of Linked Services or your dealings with the owners or operators of Linked Services.
  13. Third Party Services:
    1. General: For your convenience, Engage Services may provide you with access to services (including location-based services, mapping services, ski resort trail maps and information, and social networking and social media services) provided by third parties (each a “Third Party Service”). Your access to and use of Third Party Services and the information, data and other content available through Third Party Services are subject to applicable third party service agreements or terms and conditions (available online: www.engage.reconinstruments.com/terms). Third Party Services are independent from Recon, and Recon does not endorse, and has no responsibility or liability for or control over, Third Party Services. Your use of Third Party Services and your dealings with the owners or operators of Third Party Services is at your own risk, and you will not make any claim against Recon arising from, connected with, or relating to your use of Third Party Services or your dealings with the owners or operators of Third Party Services.
    2. Legal Notices: Your access to and use of certain Third Party Services are subject to the applicable legal notices available at www.engage.reconinstruments.com/legal, each of which is incorporated into and forms part of these Terms of Service.
  14. Users and User Content: Recon is not obligated to screen or verify, and does not guarantee, the identity or background of any user of Engage Services. Recon is not obligated to screen, monitor or edit, and does not guarantee the accuracy, veracity or completeness of, any User Content (whether posted or transmitted publicly or privately), including information about other users of Engage Services. Some User Content be may offensive, indecent or otherwise objectionable, and may or may not be identified as containing explicit language or adult oriented content. Recon has no responsibility or liability for or control over the conduct of users of Engage Services. You are solely responsible for your selection and use of User Content and your interactions with other users of Engage Services, and you interact with other users of Engage Services and access and use User Content at own risk. You will not make any claim against Recon arising from, connected with, or relating to your interactions with other users of Engage Services or your use of User Content. You will ensure that you take reasonable precautions (including conducting appropriate background checks) and exercise the utmost personal care in all interactions with other users of Engage Services, particularly if you disclose personal or financial information to other users of Engage Services or agree to meet in person with other users of Engage Services.
  15. Third Party Service Content: Recon is not obligated to screen, monitor or edit, and does not guarantee the accuracy, veracity or completeness of, any Third Party Service Content (whether posted or transmitted publicly or privately). Some Third Party Service Content be may offensive, indecent or otherwise objectionable, and may or may not be identified as containing explicit language or adult oriented content. Recon has no responsibility or liability for or control over Third Party Service Content or the providers of Third Party Service Content. You are solely responsible for your selection and use of Third Party Service Content and your interactions with the providers of Third Party Service Content, and you interact with those persons and access and use Third Party Service Content at own risk. You will not make any claim against Recon arising from, connected with, or relating to your use of Third Party Service Content or your interactions with providers of Third Party Service Content.
  16. Accurate Information: To register with Engage Services, create an Account, or use certain aspects of Engage Services, you are required to provide certain information about yourself (including your legal name, residential address, email address and other contact information), payment information (including your credit card numbers and their expiration dates) and certain authorizations or instructions. You represent and warrant that all information you provide is true, accurate, current and complete, and that you will update the information from time to time so that it remains true, accurate, current and complete. Recon will rely on the information that you provide. Recon is not under any obligation to verify the truth, accuracy, currency or completeness of any information you provide, but Recon may do so in its discretion, and you hereby consent to Recon making reasonable inquiries and investigations as Recon considers appropriate to verify the information you provide. You hereby authorize Recon to use, retain and disclose the information you provide as reasonably necessary to provide Engage Services and Engage Content to you and to otherwise perform Recon’s obligations and exercise Recon’s rights under these Terms of Service. You are and will remain solely responsible and liable for all loss, damage and liability (including additional costs) that you, Recon or any other person may incur as a result of your submission of any false, incorrect or incomplete information, your failure to promptly update your information if it changes, or other breach of your obligations under this section 16. Recon may create and permanently retain records of all information and instructions you provide, your use of Engage Services and Engage Content, and all communications between you and Engage.
  17. Your Content:
    1. Responsibility/Compliance: Without limiting the generality of any other provision of these Terms of Service, you are solely responsible and liable for Your Content and for ensuring that Your Content complies with the restrictions and requirements set forth in these Terms of Service (including all Additional Terms/Policies) and all applicable laws (including the laws of the jurisdiction in which you are located).
    2. Content Licence/Waiver: You hereby grant and agree to grant to Recon and its suppliers, service providers and licensees a non-exclusive, world-wide, unrestricted, transferable, sublicensable, royalty-free, fully paid-up, perpetual, irrevocable right and license to Use and to authorize other persons (including other users of Engage Services) to Use Your Content, using any and all media and technologies now in existence or developed in the future, for the purpose of providing Engage Services and Engage Content to you and other users of Engage Services. You hereby unconditionally and irrevocably waive and agree to waive in favour of Recon and its successors, assigns and licensee all moral rights and rights of authorship and attribution that you have or may have in, to, or associated with Your Content (the “Content Licence/Waiver”).
    3. Representation/Warranty: You represent and warrant to Recon that: (i) you own Your Content or otherwise have all requisite rights, licenses, permissions, consents, powers, authorizations, approvals and waivers to Use Your Content and grant the Content Licence/Waiver; and (ii) the creation, possession and Use of Your Content will not misappropriate, infringe or violate any rights (including privacy rights, personality rights, publicity rights, contract rights, and intellectual property rights, including copyrights, moral rights and trademark rights) of any other person, breach any duty or obligation (contractual or otherwise) owed by you to any other person, or violate any applicable laws.
    4. Review/Removal and Deletion: Recon is not obligated to review any of Your Content, but Recon in its discretion may do so without notice or liability to you or any other person. Recon in its discretion may reject, refuse to accept or post, remove or delete any of Your Content as Recon considers appropriate, including if you breach these Terms of Service or if Recon considers Your Content to violate these Terms of Service (including applicable Additional Terms/Policies), without notice or liability to you or any other person. You may remove certain of Your Content from Engage Services by using the tools provided by Engage Services, but in certain instances some of Your Content (e.g. posts or comments) might not be completely removed and copies of Your Content might continue to exist and be accessible by other persons through Engage Services or otherwise (including by persons who have previously downloaded or otherwise copied Your Content). Recon is not responsible or liable for any removal or deletion of Your Content.
    5. Retention by Engage: For greater certainty, and notwithstanding the foregoing in this section 17 or any other provision of these Terms of Service, Recon may include copies of Your Content in Recon’s archives and back-up systems and may permanently retain copies of Your Content for legal compliance and administrative purposes.
  18. Recon Privacy Policy: The Engage Service collects data relating to your use of the Engage Service, which data may include information regarding the location of the devices you use to access the Engage Service. For further information, see Recon’s privacy policy and other privacy disclosures at www.reconinstruments.com/privacy and www.reconinstruments.com/support.
  19. Proprietary Rights in Engage Services/Content:
    1. Ownership: Engage Services and Engage Content are protected by Canadian and international intellectual property rights and laws, including copyright and trademark. As between you and Recon: (a) Engage Services and Recon Content are owned solely by Recon and its licensors; (b) Your Content is owned solely by you; (c) User Content is owned solely by the individual who posts or otherwise makes the User Content available through Engage Services; and (d) Third Party Service Content is owned solely by the third party service provider who posts or otherwise makes the Third Party Service Content available through Engage Services. Your use of Engage Services and Engage Content does not transfer to you any right, title or interest in, to or associated with Engage Services, Recon Content, User Content or Third Party Content.
    2. Trademarks: Recon™, ReconOS™, Engage™, Jet™, Snow2™, MOD Live™, MOD™, Transcend™, Uplink™ and related logos are registered or unregistered trademarks, service marks and trade names owned or licensed by Recon. Other product and company names and logos appearing on Engage Services or Engage Content may be registered or unregistered trademarks, service marks or trade names of their respective owners. Any use of the trademarks, service marks or trade names appearing on Engage Services or Engage Content is strictly prohibited, and nothing on Engage Services or Engage Content is or will be construed as granting, by implication, estoppel or otherwise, any licence or right to use any of those trademarks, service marks or trade names.
    3. Feedback: If you give to Recon any feedback (including any comments, ideas or suggestions for corrections, enhancements or improvements) regarding Engage Services or Engage Content, then Recon and its successors, assigns and licensees may use the feedback for any and all purposes (including to support, maintain and improve Engage Services, Engage Content and other Recon products and services) without providing any compensation or attribution to you or any other person.
    4. Reservation: All rights not expressly granted by these Terms of Service are reserved by Recon.
  20. Confidentiality: You acknowledge that all non-public information concerning Engage Services and Engage Content (the “Confidential Information”) is the proprietary and confidential information and trade secrets of Recon and its suppliers, licensors and service providers. Both during and after the term of these Terms of Service, you will hold all Confidential Information in confidence, you will use the Confidential Information only in connection with your use of Engage Services and Engage Content in accordance with these Terms of Service, and you will prevent any unauthorized use or disclosure of the Confidential Information.
  21. Technical Requirements: You are solely responsible and liable for obtaining, provisioning, configuring, maintaining, paying for, and protecting from loss and damage, all equipment (including Recon Devices and User Devices), software and services (including Internet access and mobile data services) necessary for your use of Engage Services and Engage Content and all data used in connection with Engage Services and Engage Content.
  22. Technical Support: Recon is not obligated to provide technical support regarding Engage Services, but may do so in its discretion. Your use of Recon’s technical support regarding Engage Services is governed by these Terms of Service.
  23. Data Storage/Backup: Even though Engage Services may store Your Content in accordance with these Terms of Service, Engage Services are not data storage or backup services. Recon is not responsible or liable for any loss or damage to Your Content. You are solely responsible for maintaining current and complete backup copies of Your Content using your own systems and services. If your Account is terminated, Recon in its discretion may immediately permanently delete and destroy all copies of Your Content stored in Engage Services without notice or liability to you or any other person.
  24. Communications: You authorize Recon to: (a) accept communications it receives from you by means of Engage Software and Engage Services as if those communications had been given directly by you in writing and signed by you; and (b) respond to your communications through Engage Software and Engage Services, by email, by using a messaging functionality included in Engage Services or using other means of communication. Communications you send to Recon are not effective unless and until they are actually received and processed by the responsible Recon representative. Recon may refuse to process any communications sent to Recon, or may reverse the processing of any communications sent to Recon, at any time in Recon’s discretion, and without notice or liability to you or any other person, including if Recon believes the communication to be fraudulent or unlawful or defective, inaccurate or incomplete due to a technical malfunction.
  25. Complaints/Enforcement:
    1. Complaints: Complaints regarding Engage Content, copyright infringement, unauthorized use of personal information, misconduct by users of Engage Services or other matters may be made using the processes and procedures prescribed by Recon from time to time and available on the Recon website at www.reconinstruments.com/support.
    2. Enforcement: Recon is not under any obligation to enforce these Terms of Service or take other legal measures on your behalf against any other person (including another user of Engage Services). Recon reserves the right to respond to complaints as Recon considers appropriate in its discretion, all without notice or liability to you or any other person.
    3. Disputes: Recon is not responsible or liable for monitoring or resolving disputes between you and any other user of Engage Services or Engage Content.
  26. DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS, AND INDEMNITY:
    1. GENERAL DISCLAIMER: YOU ARE SOLELY RESPONSIBLE FOR THE SELECTION AND USE OF ENGAGE SERVICES, ENGAGE CONTENT AND ENGAGE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, YOU INSTALL AND USE ENGAGE SERVICES, ENGAGE CONTENT AND ENGAGE SOFTWARE AT YOUR OWN RISK, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, SUITABILITY, PERFORMANCE, ACCURACY AND EFFORT RESTS WITH YOU. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ENGAGE SERVICES, ENGAGE CONTENT AND ENGAGE SOFTWARE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF OR RELATING TO: ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, LACK OF VIRUSES OR OTHER DISABLING OR HARMFUL CODE, PERFORMANCE, QUALITY, RESULTS, SUITABILITY, SECURITY, TIMELINESS, TITLE, TRUTHFULNESS, QUIET ENJOYMENT, UNINTERRUPTED SERVICE, OR WORKMANLIKE EFFORT; ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY RECON TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, RECON DOES NOT REPRESENT OR WARRANT THAT ENGAGE SERVICES, ENGAGE CONTENT OR ENGAGE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF ENGAGE SERVICES, ENGAGE CONTENT AND ENGAGE SOFTWARE WILL BE CONTINUOUS, UNINTERRUPTED, SECURE OR ERROR FREE, THAT DEFECTS OR DEFICIENCIES IN ENGAGE SERVICES, ENGAGE CONTENT AND ENGAGE SOFTWARE WILL BE CORRECTED, OR THAT ENGAGE SERVICES, ENGAGE CONTENT AND ENGAGE SOFTWARE WILL BE COMPATIBLE OR OPERATE WITH ANY COMPUTER OR DEVICE, THIRD PARTY SOFTWARE OR SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OR ON BEHALF OF RECON OR ANY RECON REPRESENTATIVE WILL CREATE ANY LEGALLY BINDING OR EFFECTIVE REPRESENTATION, WARRANTY OR PROMISE. IF YOU ARE DISSATISFIED WITH ENGAGE SERVICES, ENGAGE CONTENT OR ENGAGE SOFTWARE, YOUR SOLE REMEDY IS TO CEASE USING ENGAGE SERVICES, ENGAGE CONTENT AND ENGAGE SOFTWARE.
    2. BETA VERSION DISCLAIMER: WITHOUT LIMITING THE GENERALITY OF SECTION 26(a), IF ENGAGE SERVICES, ENGAGE CONTENT OR ENGAGE SOFTWARE IS IDENTIFIED AS A “BETA VERSION”, THEN THE SERVICES, CONTENT OR SOFTWARE (AS APPLICABLE) IS STILL UNDER DEVELOPMENT AND TESTING AND MAY NOT WORK THE WAY A FINAL VERSION IS INTENDED TO WORK. RECON RESERVES THE RIGHT TO NOT RELEASE A FINAL VERSION OF, OR TO CHANGE, ANY BETA VERSION AT ANY TIME WITHOUT NOTICE OR LIABILITY TO YOU OR ANY OTHER PERSON.
    3. DISCLAIMER FOR OTHER SERVICES AND CONTENT: WITHOUT LIMITING THE GENERALITY OF SECTION 26(a), YOU ARE SOLELY RESPONSIBLE FOR THE SELECTION AND USE OF LINKED SERVICES, THIRD PARTY SERVICES, THIRD PARTY SERVICE CONTENT AND USER CONTENT TO ACHIEVE YOUR INTENDED RESULTS, AND YOU INSTALL, PROVISION AND USE LINKED SERVICES, THIRD PARTY SERVICES, THIRD PARTY SERVICE CONTENT AND USER CONTENT AT YOUR OWN RISK. RECON DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE OF ANY NATURE OR KIND WHATSOEVER (INCLUDING REPRESENTATIONS, WARRANTIES, AND CONDITIONS AS TO ACCURACY, COMPLETENESS OR TIMELINESS), WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, REGARDING LINKED SERVICES, THIRD PARTY SERVICES, THIRD PARTY SERVICE CONTENT OR USER CONTENT. RECON DOES NOT CONTROL, AND IS NOT RESPONSIBLE OR LIABLE FOR, ANY LINKED SERVICES, THIRD PARTY SERVICES, THIRD PARTY SERVICE CONTENT OR USER CONTENT THAT YOU ACCESS THROUGH OR USE IN CONNECTION WITH ENGAGE SERVICES, ENGAGE CONTENT OR ENGAGE SOFTWARE, OR FOR ANY RESULTING LOSS, DAMAGE OR LIABILITY.
    4. DISCLAIMER FOR LOSS OF YOUR CONTENT: WITHOUT LIMITING THE GENERALITY OF SECTION 26(a), RECON IS NOT RESPONSIBLE OR LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR USE, ALTERATION, THEFT OR DESTRUCTION OF, YOUR CONTENT, WHETHER THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD.
    5. TECHNOLOGY DISCLAIMER: WITHOUT LIMITING THE GENERALITY OF SECTION 26(a), ENGAGE SERVICES, ENGAGE CONTENT AND ENGAGE SOFTWARE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND RECON’S CONTROL, AND MAY NOT BE CONTINUOUS, UNINTERRUPTED OR SECURE. ENGAGE SERVICES, ENGAGE CONTENT AND ENGAGE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND RECON IS NOT RESPONSIBLE OR LIABLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGE OR LOSS RESULTING FROM THOSE PROBLEMS.
    6. NO HIGH RISK USE: ENGAGE SERVICES, ENGAGE CONTENT AND ENGAGE SOFTWARE ARE NOT FAULT-TOLERANT AND ARE NOT DESIGNED OR SUITABLE FOR USE IN A SITUATION WHERE FAILURE OR FAULT OF ANY KIND (INCLUDING DELAYS, ERRORS OR INACCURACIES IN PERFORMANCE, CONTENT, DATA OR INFORMATION PROVIDED BY ENGAGE SERVICES, ENGAGE CONTENT AND ENGAGE SOFTWARE) COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE (“HIGH RISK USE”), INCLUDING THE OPERATION OF NUCLEAR OR CHEMICAL FACILITIES, AIRCRAFT OR OTHER MODES OF HUMAN MASS TRANSPORTATION, AUTOMOTIVE OR AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE-SUPPORT OR WEAPONS SYSTEMS OR MACHINES, OR MEDICAL DEVICES. HIGH RISK USE OF ENGAGE SERVICES, ENGAGE CONTENT OR ENGAGE SOFTWARE IS STRICTLY PROHIBITED.
    7. RELEASE OF CLAIMS: YOU WILL NOT MAKE ANY CLAIM AGAINST ANY OF THE ENGAGE GROUP ARISING FROM. CONNECTED WITH OR RELATING TO ANY OF THE FOLLOWING: (I) YOUR DOWNLOADING OR USE OF ANY THIRD PARTY SOFTWARE OBTAINED THROUGH ENGAGE SERVICES; (II) YOUR USE OF LINKED SERVICES OR YOUR DEALINGS WITH THE OWNERS OR OPERATORS OF LINKED SERVICES; (III) THIRD PARTY SERVICES OR YOUR DEALINGS WITH THE OWNERS OR OPERATORS OF THIRD PARTY SERVICES; (IV) YOUR INTERACTIONS WITH OTHER USERS OF ENGAGE SERVICES OR YOUR USE OF USER CONTENT; AND (V) THIRD PARTY SERVICE CONTENT OR YOUR INTERACTIONS WITH PROVIDERS OF THIRD PARTY SERVICE CONTENT.
    8. LIABILITY EXCLUSIONS/LIMITATIONS: NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF SERVICE OR ANY DEVICE/SOFTWARE AGREEMENTS, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (I) IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL RECON GROUP BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY PERSONAL INJURY, EMOTIONAL DISTRESS, OR ANY DAMAGE OR LOSS OF ANY NATURE OR KIND (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF DATA OR INFORMATION, LOSS OF USE, LOSS OF PRIVACY, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF PRODUCTIVITY, OR ANY OTHER COMMERCIAL DAMAGE OR LOSS) OR LIABILITY ARISING FROM, CONNECTED WITH, OR RELATING TO ENGAGE SERVICES, ENGAGE CONTENT OR ENGAGE SOFTWARE (INCLUDING YOUR USE OR INABILITY TO USE ENGAGE SERVICES, ENGAGE CONTENT OR ENGAGE SOFTWARE) OR ANY RELATED MATTER; AND (II) IF NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISION OF THESE TERMS OF SERVICE RECON GROUP IS LIABLE TO YOU OR ANY OTHER PERSON, THEN IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL RECON GROUP’S TOTAL AGGREGATE LIABILITY ARISING FROM, CONNECTED WITH, OR RELATING TO ENGAGE SERVICES, ENGAGE CONTENT OR ENGAGE SOFTWARE OR ANY RELATED MATTER EVER EXCEED THE AMOUNT OF CDN$50.00. THIS SECTION 26(h) APPLIES TO LOSS, DAMAGE AND LIABILITY HOWEVER CAUSED AND TO LIABILITY UNDER ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, STATUTE AND STRICT LIABILITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE) BY RECON OR ANY PERSON FOR WHOM RECON IS RESPONSIBLE, EVEN IF OTHER REMEDIES ARE NOT AVAILABLE OR DO NOT ADEQUATELY COMPENSATE YOU OR ANY OTHER PERSON FOR THE LOSS, DAMAGE AND LIABILITY, OR THE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE, OR RECON KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE LOSS, DAMAGE AND LIABILITY BEING INCURRED.
    9. EXCEPTIONS: THE LAWS IN SOME JURISDICTIONS PROHIBIT OR LIMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES, AND SO THE DISCLAIMERS AND LIABILITY EXCLUSIONS AND LIMITATIONS IN THESE TERMS OF SERVICE MIGHT NOT APPLY TO YOU.
    10. INDEMNITY: YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS RECON GROUP FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, COSTS, EXPENSES (INCLUDING LEGAL FEES), CLAIMS, COMPLAINTS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, OBLIGATIONS AND LIABILITIES (INCLUDING LEGAL FEES AND EXPENSES AND SETTLEMENT PAYMENTS) ARISING FROM, CONNECTED WITH OR RELATING TO YOUR USE OF ENGAGE SERVICES, ENGAGE CONTENT OR ENGAGE SOFTWARE OR YOUR NEGLIGENCE, MISCONDUCT OR BREACH OF THESE TERMS OF SERVICE. NOTWITHSTANDING THE FOREGOING, RECON GROUP RETAINS THE RIGHT TO PARTICIPATE IN THE DEFENSE OF AND SETTLEMENT NEGOTIATIONS RELATING TO ANY THIRD PARTY CLAIM, COMPLAINT, DEMAND, ACTION, SUIT OR PROCEEDING WITH COUNSEL OF THEIR OWN SELECTION AT THEIR SOLE COST AND EXPENSE.
    11. RECON GROUP: IN THIS SECTION 26, “RECON GROUP” MEANS RECON AND EACH OF RECON’S AFFILIATES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, DISTRIBUTORS AND REPRESENTATIVES, JOINTLY AND SEVERALLY.
  27. Suspension/Termination:
    1. Suspension: Recon in its discretion may at any time immediately suspend or restrict your Account and your permission to access and use Engage Services and Engage Content without notice or liability to you or any other person. Your permission to use Engage Services will be indefinitely suspended, immediately, automatically and without notice or liability to you or any other person, if you breach or otherwise fail to comply with these Terms of Service.
    2. Termination: These Terms of Service as they apply to you are effective unless and until terminated. You may terminate these Terms of Service as they apply to you by permanently closing/deactivating your Account (using the procedures specified by Recon from time to time) and permanently ceasing to use Engage Services and Engage Content. Recon may terminate these Terms of Service at any time either by either giving a notice of termination to you, permanently closing/deactivating your Account or otherwise denying you access to Engage Services.
    3. Consequences of Termination: Upon termination of these Terms of Service, you will immediately cease using Engage Services and Engage Content. Notwithstanding any other provision of these Terms of Service, the obligations and liabilities you incur prior to termination of these Terms of Service will survive termination, and sections 6(c), 17, 19, 20, 23, 25, 26, 27(c) and 28 of these Terms of Service (and all other provisions of these Terms of Service necessary to their interpretation or enforcement) will survive termination and continue to apply and be binding upon you and Recon.
  28. General Matters
    1. Governing Law: These Terms of Service, Engage Services and Engage Content, the relationship between you and Recon, and all related matters will be governed by, and construed and interpreted solely in accordance with, the laws of the Province of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws and excluding any law that implements the United Nations Convention on Contracts for the International Sale of Goods, the Uniform Commercial Code or the Uniform Computer Information Transaction Act.
    2. Disputes: All disputes, controversies and claims arising under, out of, in connection with, or in relation to these Terms of Service, Engage Services, Engage Content, the relationship between you and Recon or any related matter or any legal relationship associated therewith or derived therefrom (collectively “Disputes”) will be referred to and finally resolved by binding arbitration under the Domestic Commercial Arbitration Rules of the British Columbia International Commercial Arbitration Centre (the “BCICAC”) by one arbitrator appointed in accordance with those rules. The arbitration will be private and confidential, and will be administered by the BCICAC in accordance with its rules. If the BCICAC is not operative, the arbitration will proceed ad hoc and be governed by the Arbitration Act (British Columbia). The place of arbitration will be the City of Vancouver, British Columbia and the language used in the arbitration will be the English language. Any award rendered in an arbitration is final and binding and judgment on the award may be entered in any court having jurisdiction for its enforcement. Notwithstanding the foregoing in this section 28(b), you and Recon each hereby irrevocably submit and attorn to the original and exclusive jurisdiction of the Supreme Court of British Columbia sitting in Vancouver, British Columbia in respect of all matters that are not properly subject to arbitration pursuant to this section 28(b), except that Recon in its discretion may bring legal proceedings against you in the Supreme Court of British Columbia or the competent courts of any other jurisdiction seeking injunctive relief (or similar urgent legal remedies) to enforce these Terms of Service and protect Recon’s rights in, to and associated with Engage Services and Engage Content. You and Recon each irrevocably waive all rights to trial by jury.
    3. Notices: Recon may deliver notices under these Terms of Service to you by email to any email address that you provide to Recon (including when you subscribe for your Account). You are solely responsible for ensuring that your email addresses on file with Recon are and remain current and correct throughout the term of these Terms of Service, and you will promptly give notice to Recon of any change to your email addresses. You will give all notices under these Terms of Service to Recon in writing delivered by email to Recon at the following email address: support@reconinstruments.com.
    4. Enforcement: You acknowledge and agree that your breach of any of sections 9 and 20 of these Terms of Service will result in irreparable harm, loss and damage to Recon and its licensors and affiliates for which Recon and its licensors and affiliates could not be adequately compensated by an award of monetary damages; and in the event of any actual or threatened breach of any of those sections by you, and in addition to all remedies available to Recon and its licensors and affiliates under these Terms of Service or otherwise, Recon will be entitled as a matter of right to judicial relief by way of a restraining order, interim, interlocutory or permanent injunction, or order for specific performance, and you will not oppose the granting of that judicial relief and hereby waive all defences to the strict enforcement of these Terms of Service.
    5. Force Majeure: Notwithstanding any other provision of these Terms of Service, Recon will not be liable for any delay in performing, or failure to perform, any of its obligations under these Terms of Service to the extent performance is delayed or prevented due to any cause or causes that are beyond Recon’s control. Any delay or failure of that kind will not be a breach of these Terms of Service by Recon, and the time for Recon’s performance of the affected obligation will be extended by a period that is reasonable in the circumstances.
    6. Miscellaneous: You and Recon are non-exclusive, independent contracting parties, and nothing in these Terms of Service or done pursuant to these Terms of Service will create or be construed to create a partnership, joint venture, agency, employment or other similar relationship between you and Recon. Upon request by Recon, you will execute all further documents and instruments and do all further things as may be reasonably necessary to implement and carry out the provisions and intent of these Terms of Service. No consent or waiver by Recon to or of any breach of these Terms of Service by you will be effective unless in writing and signed by Recon or will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach by you. Recon’s rights and remedies under these Terms of Service are cumulative and not exhaustive or exclusive of any other rights or remedies to which Recon may be lawfully entitled under these Terms of Service or at law, and Recon will be entitled to pursue any and all of its rights and remedies concurrently, consecutively and alternatively. If any provision of these Terms of Service is held by a court or arbitrator of competent jurisdiction to be invalid or unenforceable for any reason, then the provision will be deemed severed from these Terms of Service and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of the severance these Terms of Service would fail in their essential purpose. You may not assign these Terms of Service or any of your rights or obligations under these Terms of Service. Recon in its discretion may assign these Terms of Service and any or all of Recon’s rights and obligations under these Terms of Service. Recon may engage subcontractors to perform Recon’s obligations under these Terms of Service. The provisions of these Terms of Service will enure to the benefit of and be binding upon you and Recon and your respective successors, permitted assigns and personal representatives.
    7. Interpretation: In these Terms of Service: (i) “Terms of Service” and other similar terms refer to these Terms of Service as a whole (including the Additional Terms/Policies incorporated by reference into these Terms of Service) and not just to the particular provision in which those words appear; (ii) headings are for reference only and do not define, limit or enlarge the scope or meaning of these Terms of Service or any of its provisions; (iii) words importing the singular number only include the plural and vice versa; (iv) words importing a gender include both genders; (v) “person” includes an individual, corporation, partnership, joint venture, association, trust, unincorporated organization, society and any other legal entity; (vi) “including” and “includes” mean including or includes (as applicable) without limitation or restriction; (vii) “law” includes common law, equity, statutes and regulations, and reference to a specific law includes all regulations made under the law and all amendments to, or replacements of, the law or any regulation made under the law in force from time to time; and (viii) “discretion” or any variation thereof means the relevant party’s sole, absolute and unfettered discretion.
    8. Complete Agreement/Governing Language: These Terms of Service set forth the entire agreement between you and Recon regarding the subject matter of these Terms of Service, and supersede all prior or contemporaneous communications, representations, negotiations, discussions, agreements or understandings, whether oral or written, with respect to the subject matter of these Terms of Service. These Terms of Service may not be modified, except by a written agreement that expressly states that it is an amendment to these Terms of Service and is signed by Recon. You and Recon have expressly requested and required that these Terms of Service and all related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s'y rapportent soient rédigés en anglais. Subject to applicable law, any non-English translation of these Terms of Service provided by Recon is for convenience only, and if there is a conflict or inconsistency between the English version and a non-English version then the English version of these Terms of Service will take priority and govern.

If you have any questions or comments regarding these Terms of Service, please contact Recon’s Customer Care at support@reconinstruments.com.