Agreement to Terms

Subject to and in consideration of your compliance with the terms set forth below, Recon Analytics, Inc. (“Recon,” “we,” “us,” or “our”) hereby grants you a limited, revocable, non-transferable license (“User License”) to access and use the digital intelligence reports and associated materials (“Products”) which you have purchased on our website (“Site”). By completing your purchase and accessing the Products, you agree to be bound by all of the terms and conditions contained in this Agreement. Your use of the Products is conditioned upon your acceptance of these terms and conditions.

IMPORTANT: If you have any questions about the Products or these terms before purchasing, you must contact us at [email protected] prior to completing your purchase. By purchasing, you acknowledge that you have had the opportunity to ask questions and that all your concerns have been addressed.

Product Fingerprinting and Watermarking

You expressly acknowledge and agree that:

  • Each Product you purchase will be digitally fingerprinted and watermarked with unique identifying information specific to your purchase and account.
  • This fingerprinting and watermarking technology embeds identifying information throughout the Product, including but not limited to visible and invisible watermarks, metadata, and other digital markers.
  • These identifiers are designed to track and trace unauthorized distribution, sharing, or use of the Products.
  • Any unauthorized distribution or sharing of the Products can be traced back to your specific purchase.
  • You are solely responsible for maintaining the confidentiality and security of your purchased Products.

Proprietary Rights and Intellectual Property

The Products are the exclusive property of Recon and are protected by United States and international copyright law, trade secret law, trademark law, and other intellectual property laws and treaties. You acknowledge that the Products are proprietary to Recon and/or its licensors and comprise:

  1. Works of original authorship, including compiled content containing Recon’s and/or its licensors’ selection, arrangement, coordination, and expression of such content or preexisting material it has created, gathered, or assembled;
  2. Confidential and proprietary information, trade secrets, analytical methodologies, research findings, data compilations, and insights that have been created, developed, and maintained by Recon or its licensors at great expense of time and money; and
  3. Information and intelligence that would unfairly and irreparably harm Recon and/or its licensors if misappropriated or used without authorization.

You shall not commit or permit any act or omission that would impair Recon’s and/or its licensors’ proprietary and intellectual property rights in the Products. No right, title or interest in any Product is transferred to you.

Restrictions on Use and Distribution

Prohibited Activities

You are expressly prohibited from engaging in any of the following activities:

  • Distribution: Sharing, distributing, transmitting, publishing, or making available the Products or any portion thereof to any third party by any means, including but not limited to email, file sharing services, cloud storage, physical copies, or any other method of transmission.
  • Copying: Making copies of the Products beyond the single archival copy permitted under this Agreement.
  • Modification: Altering, modifying, adapting, translating, or creating derivative works based on the Products.
  • Reverse Engineering: Decompiling, disassembling, reverse engineering, or attempting to discover or remove any fingerprinting, watermarking, or security measures embedded in the Products.
  • Commercial Use: Reselling, sublicensing, renting, leasing, or otherwise commercially exploiting the Products or any portion thereof.
  • Public Display: Publicly displaying, performing, or broadcasting the Products or substantial portions thereof without express written permission from Recon.
  • Removal of Protections: Removing, obscuring, or altering any copyright notices, watermarks, fingerprints, proprietary legends, or other intellectual property notices contained in the Products.
  • AI and Machine Learning: Uploading, distributing, or sharing any Product or any portion thereof with any Artificial Intelligence, machine learning program, large language model, content aggregator, or other similar sites or tools, nor may you provide such services or tools with access to the Products.
  • Promotional Use: Using any Product or any excerpt from any Product to promote your or your organization’s products or services without Recon’s express written permission.

Permitted Use

Your User License entitles you to:

  • Access and view the Products for your personal, internal business use only.
  • Make a single copy of the Products solely for your personal archival and backup purposes.
  • Print portions of the Products for your personal, internal reference only.

All other rights are expressly reserved by Recon. There are no implied rights, and any use not expressly authorized herein is strictly prohibited.

License Grant and Restrictions

The User License grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Products solely for your internal business purposes. This license does not grant you any ownership rights in the Products. You acknowledge that you are obtaining only a limited license to use the Products and that irrespective of any use of the words “purchase,” “sale,” or similar terms, no ownership rights are being conveyed to you under this Agreement or otherwise.

Account Security and Responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

  • Immediately notify Recon of any unauthorized use of your account or any other breach of security.
  • Ensure that you log out from your account at the end of each session.
  • Take all reasonable precautions to prevent unauthorized access to or use of the Products.
  • Not share your password with any other individuals or to otherwise allow any other individuals to access the Site or the Products through your account.
  • Not use another person’s password to access the Site.

You are solely responsible and liable for any unauthorized distribution of Products associated with your account, regardless of whether such distribution was authorized by you. You take full responsibility for any activity that occurs through the use of your account.

Enforcement and Legal Remedies

Recon reserves the right to investigate any suspected unauthorized use, distribution, or violation of this Agreement. You agree to cooperate fully with any such investigation. To protect the security of the Site and your account, we reserve the right to monitor Site usage and suspend access to any account with activity we deem suspicious.

In the event of any unauthorized use or distribution of the Products:

  • Recon may immediately terminate your license and access to all Products without refund.
  • You may be held liable for all damages, losses, and costs incurred by Recon, including but not limited to lost revenue, investigative costs, and attorney’s fees.
  • Recon may pursue all available legal remedies, including injunctive relief and monetary damages.
  • You may be subject to criminal prosecution under applicable laws.

The fingerprinting and watermarking of Products serves as evidence of the source of any unauthorized distribution and may be used in legal proceedings.

Copyright Infringement Claims

Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), Recon has designated an agent to receive notifications of claimed copyright infringement relating to this Site. All such notifications must be submitted in a manner consistent with the DMCA to:

Recon Analytics, Inc.
Legal Department
Email: [email protected]

No Refunds

ALL SALES ARE FINAL. Due to the immediate delivery and proprietary nature of digital intelligence reports, no refunds will be issued under any circumstances once you have accessed or downloaded the Products. This no-refund policy applies regardless of whether you have read, used, or been satisfied with the Products. By completing your purchase, you acknowledge and agree to this no-refund policy.

If you have questions about a Product before purchasing, you must contact us at [email protected] prior to completing your transaction.

Accuracy of Information

The Products are based on Recon’s reasonable efforts to compile and analyze the best sources reasonably available to Recon at any given time. Any opinions reflect Recon’s judgment at the time and are subject to change. You assume sole responsibility for the selection of the Products to achieve any of your intended results, and your sole and exclusive remedy for any alleged loss or damage suffered by you in connection with your use of the Site or the Products is to discontinue using the Site.

Disclaimer of Warranties

THE PRODUCTS ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND. RECON HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

  • Any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
  • Any warranties regarding the accuracy, reliability, completeness, currentness, or timeliness of the Products.
  • Any warranties that the Products will meet your requirements or that your use will be uninterrupted or error-free.
  • Any warranties regarding the results that may be obtained from the use of the Products or that defects will be corrected.
  • Warranties that the Products will be free from errors, omissions, defects, delays in operation, technical inaccuracies, or other errors.
  • Warranties that the Products shall not infringe the intellectual property or proprietary rights of any third party.
  • Warranties that the Products will be free of viruses or other harmful components.

Any opinions, analyses, or recommendations contained in the Products reflect Recon’s judgment at the time of publication and are subject to change without notice. Recon reserves the right to modify, update, or discontinue Products at any time without liability to you.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RECON, ITS AFFILIATES, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO:

  • Direct, indirect, incidental, special, consequential, or punitive damages;
  • Loss of profits, revenue, data, or use;
  • Business interruption or loss of business opportunity;
  • Damages for lost profits, business failure, or loss;
  • Damages arising from your use of the Site, the Products, or inability to use the Products;
  • Damages arising from any errors, mistakes, or inaccuracies in the Products;
  • Damages arising from unauthorized access to or use of the Products;
  • Damages arising from any decisions made in reliance upon the Products;
  • Damages incurred by you arising as a result of reliance upon the Products or the Site or any claim attributable to errors, omissions, or other inaccuracies in the Products or the Site or interpretations thereof.

This limitation applies regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if Recon has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, Recon’s liability shall be limited to the greatest extent permitted by law.

In no event shall Recon’s total aggregate liability to you for all damages, losses, and causes of action exceed the amount paid by you for the specific Product giving rise to the claim.

Indemnification

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

  • Your violation of this Agreement;
  • Your violation of any law or the rights of any third party;
  • Your unauthorized use, distribution, or disclosure of the Products;
  • Any claim that your use of the Products caused damage to a third party;
  • Your use, misuse, or inability to use the Site or the Products.

Termination

This Agreement shall remain in force unless terminated by either party. Recon may terminate this Agreement and your license to access and use the Products at any time, with or without cause, with or without notice. Upon termination:

  • Your right to access and use the Products immediately ceases.
  • You must immediately destroy all copies of the Products in your possession or control.
  • No refund will be issued regardless of the reason for termination or the amount of time remaining in any subscription period.
  • All provisions of this Agreement that by their nature should survive termination shall survive, including but not limited to proprietary rights, warranty disclaimers, indemnity, and limitations of liability.

Governing Law and Jurisdiction

This Agreement and any disputes arising out of or related to this Agreement or the Products shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts located in Massachusetts for all disputes arising out of or relating to this Agreement. You waive any objection to jurisdiction and venue in such courts. You specifically and irrevocably consent for any claims or disputes arising out of your use of the Site or these Terms of Service to the jurisdiction of, and venue in, the federal or state courts sitting in Massachusetts.

Dispute Resolution

Any controversy or claim arising out of or relating to this Agreement shall first be attempted to be resolved through good faith negotiations between the parties. If the parties are unable to resolve the dispute within thirty (30) days, either party may pursue available legal remedies in accordance with the Governing Law and Jurisdiction provisions above.

Entire Agreement and Modifications

This Agreement, together with any additional terms posted on the Site, constitutes the entire agreement between you and Recon regarding the Products and supersedes all prior or contemporaneous understandings and agreements, whether written or oral. This Agreement may not be modified, amended, or waived except by a written document signed by an authorized representative of Recon. No failure or delay by Recon in exercising any right under this Agreement shall constitute a waiver of that right. Recon reserves the right to modify these Terms of Service at any time without notice to you. Your continued use of the Site after any such changes constitutes your agreement to follow and be bound by these Terms of Service as modified.

Severability

If any provision of this Agreement is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

Assignment

You may not assign, transfer, or delegate any of your rights or obligations under this Agreement without the prior written consent of Recon. Any attempted assignment in violation of this provision shall be null and void. Recon may assign this Agreement at any time without notice to you.

Use of Site and Compliance

You agree to use the Site and the Products in accordance with all applicable laws. You agree not to take any action that would compromise the security of the Site or render the Site inaccessible to others.

Third-Party Links

Recon may provide links to third-party content and other websites on the Site. We do not endorse, sponsor, or accept any responsibility for such material. We are not responsible for the content or privacy practices of any linked sites.

Contact Information

For questions regarding this Agreement or the Products, please contact:

Recon Analytics, Inc.
Email: [email protected]

Acknowledgment

BY COMPLETING YOUR PURCHASE AND ACCESSING THE PRODUCTS, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.