Terms of Use


Introduction

ReconBob, provided by 3PM Shield, LLC, (collectively "ReconBob") is a trusted source to help users make better buying decisions when shopping online. Unless explicitly stated otherwise, any new feature that augments or enhances the current service, including the release/upgrade of new ReconBob properties, shall be subject to these Terms of Use.


Terms of Use

1. By using or visiting the ReconBob website, using the ReconBob browser extension, or using any of the ReconBob products, software, information or services provided to you from ReconBob (collectively, the "Service") you signify your agreement to (1) these Terms of Use and (2) ReconBob's Privacy Policy, found at Privacy Policy If you do not agree to any of these terms or the Privacy Policy, please do not use the Service. The term "you" or "User" refers to a user of the ReconBob Service. The term "we" refers to ReconBob.

2. We reserve the right, in our sole discretion, to change these Terms of Use ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.


Eligibility

3. You must be 18 years of age or older and reside in the United States to use the Service. You represent and warrant that any profile information you submit is true and accurate and that you are 18 years of age or older and are fully able and competent to enter into, and abide by these Terms of Use. The Service is not intended for those under the age of 18. Use of the Service is void where prohibited. Except as otherwise expressly provided in these Terms of Use, the Service is for personal, individual, non-commercial use only and you represent and warrant that you are not using the Service on behalf of any third person or entity.


Privacy and your Personal Information

4. For information about ReconBob's privacy and data protection practices, please read ReconBob's Privacy Policy, which is hereby incorporated into this Agreement. This policy explains how ReconBob treats your personal information when you access the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.

5. The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at [email protected].


Using the ReconBob Browser Extension

6. Using the ReconBob Browser Extension is straightforward.  After you have installed the ReconBob Browser Extension, shop as you normally would at any supported online marketplace (such as Amazon.com).  The Service will label sellers with "Bob approved" or "Be cautious" labels.  A "Be cautious" label may occur when ReconBob identifies one or more potential issues with a seller, such as the seller not being approved by the product's manufacturer.  A user may click on the "see why" button to obtain more information about the seller, including but not limited to: (1) customer reviews, or portions thereof, identified by ReconBob; (2) an identification of the location the product may be shipped from; and (3) an indication of whether or not the manufacturer warranty may apply to the product.

7. The ReconBob Browser Extension may also label some product listings with a "Bob's Choice" label.  Clicking on this label will either: (1) redirect the user to a product listing for the same or similar product that is the lowest priced listing with a "Bob approved" label; (2) if no such "Bob approved" listing exists on the supported online marketplace, ReconBob may redirect the user to a third party site approved by the manufacturer.

8. The Service is not recommending you purchase or not purchase any item in an online marketplace.  Neither is the Service recommending you purchase or not purchase any alternative items identified by the Service.  Instead, ReconBob is providing you with additional information for you to consider when making your purchase.

9. By using the Service, including through installation of the ReconBob browser extension, you agree that ReconBob may automatically activate the extension on every third party site visited by you and for which ReconBob has an offer. No additional activation or permission by you is required unless otherwise instructed to do so.

10. ReconBob cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. ReconBob cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.


ReconBob Offers and Third Party Links

11. Some parts of the Service may be supported by sponsored links from advertisers and the display of ReconBob offers that may be custom matched to you based on information stored in the Service, queries made through the Service or other information. We sometimes use specially formatted links for which we receive a commission on resulting sales or clicks from affiliate partners ("Affiliate Links").

12. In connection with ReconBob offers, the Service will provide links to other web sites belonging to ReconBob advertisers and other third parties. ReconBob does not endorse, warrant or guarantee the products or services available through the ReconBob offers (or any other third-party products or services advertised on or linked from our site), whether or not sponsored, and ReconBob is not an agent or broker or otherwise responsible for the activities or policies of those web sites. ReconBob does not guarantee that the product details, prices, coupon availability or other service terms, rates or rewards offered by any particular advertiser or other third party in our Service are actually the terms that may be offered to you if you pursue the offer or that they are the best prices, terms or lowest rates available in the market. When you access third party websites or use third party services, you accept that there are risks in doing so, and that ReconBob is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

13. ReconBob has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, ReconBob will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

14. If there is a dispute between users and any third party, you agree that ReconBob is under no obligation to become involved. In the event that you have such a dispute, you release ReconBob, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."


Your Use of the Service

15. Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our Service for lawful, internal, and non-commercial purposes.

16. Accurate records enable ReconBob to provide the Service to you. In order for the Service to function effectively, you must also keep your contact information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.

17. Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that ReconBob, in its sole discretion, may elect to take.

18. You agree that ReconBob may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant ReconBob a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to ReconBob in any way.

19. As a part of the ReconBob community, you agree and authorize ReconBob to collect information about the websites that you visit that is used to create a better user experience for you and other ReconBob users. Examples of this type of information includes information about the websites your browser visits including the current product prices and other product details that are used to create a better experience for you and other users. In the future we may offer personalization options in our products that utilize knowledge about what products you are interested in to present relevant content and product offers. As we explore ways to use data to build more powerful product experiences we may provide ways to opt out of this data collection, though it may result in degraded product capabilities if such data is required to provide the product experience.

20. You represent, warrant, and agree that you will not contribute any content or otherwise use the Services or interact with the Services in a manner that:

(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including ReconBob);

(b) Violates any law or regulation;

(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

(d) Jeopardizes the security of your ReconBob account or anyone else's (such as allowing someone else to log in to the Services as you);

(e) Attempts, in any manner, to obtain the password, account, or other security information from any other user;

(f) Violates the security of any computer network, or cracks any passwords or security encryption codes;

(g) Runs Maillist, Listserv, any form of auto-responder or "spam" on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure);

(h) "Crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);

(i) Copies or stores any significant portion of the Content;

(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

21. A violation of any of the foregoing is grounds for termination of your right to use or access the Services.


License and Restrictions

22. The proprietary software associated with the Service's Extension (including any enhancements or modifications and any related documentation) (the "Software") is a copyrighted work. Subject to your compliance with these Terms of Use, and in consideration of your promises reflected in these Terms, ReconBob grants you a personal, non-commercial, non-exclusive, non-assignable, non-sublicensable, non-transferable, revocable license to download, install, and use the Software to and on computers controlled by you and to use the Software solely to use the Service as permitted under these Terms of Use. All rights not expressly granted to you by the foregoing sentence are reserved by ReconBob. Without limiting the generality of the foregoing, you may not copy, modify, distribute, reverse engineer, decompile, or disassemble the Software or any other technology relating to the Service, except that you may make one copy of the Software for back-up purposes. You may not use the Software for any commercial purpose other than shopping for or purchasing products in connection with the Service and as permitted hereunder, and you may not transfer, sell, assign, or convey it to another party without ReconBob's prior written consent.

23. The Software you download consists of a package of components, which may include certain third-party software ("Third-Party Software") provided under separate license terms (the "Third-Party Terms"), which can be found in the documentation for the Service or the applicable help, notices, about or source files. Your use of the Third-Party Software, if any, in conjunction with the Service in a manner consistent with these Terms of Use is permitted, however, you may have broader rights under the applicable Third-Party Terms and nothing in these Terms of Use is intended to impose further restrictions on your use of the Third-Party Software.

24. Subject to your compliance with these Terms of Use, and in consideration of your promises reflected in these Terms of Use, ReconBob grants to you a limited license to make personal use of the Service. This license expressly excludes, without limitation, any resale, modification, or commercial use of the Service or any portion thereof and making any derivative works based upon or distributing or copying the Service, except as expressly permitted in these Terms of Use. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of ReconBob or our affiliates without our express written consent. You may not use any meta tags or any other "hidden text" utilizing the name or trademarks of ReconBob or our affiliates without the express written consent of us. Any unauthorized use terminates the permission or license granted by ReconBob in this paragraph.

25. You are prohibited from falsely stating or otherwise misrepresenting your affiliation with any person or entity. You are prohibited from using any information obtained via the Service for any purpose other than shopping for products without the express written permission of ReconBob. We reserve the right to delete accounts associated with domains owned or operated by our competitors.


ReconBob's Intellectual Property Rights

26. The contents of the Service, including its "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Service belong or are licensed to ReconBob or its software or content suppliers. ReconBob grants you the right to view and use the Service subject to these terms. You may download or print a copy of information provided in the Service for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Service in whole or in part for any other purpose is expressly prohibited without our prior written consent.


Disclaimer of Representations and Warranties

27. THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. RECONBOB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

28. RECONBOB MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SERVICE OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. RECONBOB MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.


Limitations on ReconBob's Liability

29. RECONBOB SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SERVICE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF RECONBOB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, RECONBOB'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).


Your Indemnification of ReconBob

30. You shall defend, indemnify and hold harmless ReconBob and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorney's fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.


Ending your Relationship with ReconBob

31. This Agreement will continue to apply until terminated by either you or ReconBob as set out below. If you want to terminate your legal agreement with ReconBob, you may do so by closing your account for the Service and uninstalling the Service's browser extension.

32. ReconBob may at any time, terminate its legal agreement with you:

- if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);

- if ReconBob in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or

- immediately upon notice, to the e-mail address provided by you as part of your contact information.


ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

33. Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF ILLINOIS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules and if within such court's jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Services must be filed within one (1) year after such claim of action arose or be forever banned.  You understand that, in return for agreement to this provision, ReconBob is able to offer the Service at the terms designated, with little or no charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.

34. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.


Governing Law and Forum for Disputes

35. This Agreement, and your relationship with ReconBob under this Agreement, shall be governed by the laws of the State of Illinois in the United States of America without regard to its conflict or choice of laws provisions.

 

36. You also acknowledge and understand that, with respect to any dispute with ReconBob, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:

- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and

- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.


Miscellaneous

37. If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

38. You agree that if ReconBob does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which ReconBob has the benefit of under any applicable law), this will not be taken to be a formal waiver of ReconBob's rights and that those rights or remedies will still be available to ReconBob.

39. All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.


ReconBob is owned and operated by 3PM Shield, LLC.



Effective January 30, 2018