Terms and Conditions of Service

Effective as of June 2nd, 2021

Terms of Use

If you require any more information or have any questions about our terms of use, please feel free to contact us by email at info@the-reflective.com.

Introduction

Welcome to the Internet site applications and services the (“Website”), provided by The Reflective 26, LLC (“The Reflective”). These terms and conditions govern your access and use of the Website provided by The Reflective and any all of its subsidiaries, affiliates, brands and entities that it controls. Please read these terms carefully before accessing the Website.

By using the Website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the Website.

You must be at least 13 [thirteen] years of age to use the Website. By using the website and by agreeing to these terms and conditions, you warrant and represent that you are at least 13 years of age.

License to use Website

Unless otherwise stated, The Reflective and/or its licensors own the intellectual property rights published on the Website and materials used on the Website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages, files or other content from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

Where content is specifically made available for redistribution, it may only be redistributed within your organization.

Acceptable use

You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to the Website without The Reflective’s express written consent.

This includes:

You must not use the Website or any part of it to transmit or send unsolicited commercial communications.

You must not use the Website for any purposes related to marketing without the express written consent of The Reflective

Restricted access

Access to certain areas of the Website is restricted. The Reflective reserves the right to restrict access to certain areas of the Website, or at our discretion, this entire website. The Reflective may change or modify this policy without notice.

If The Reflective provides you with a user ID and password to enable you to access restricted areas of the Website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security. The Reflective may disable your user ID and password at The Reflective‘s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the Website, for whatever purpose.

You grant to The Reflective a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to The Reflective the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or The Reflective or a third party (in each case under any applicable law).

You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

The Reflective reserves the right to edit or remove any material submitted to the Website, or stored on the servers of the Website, or hosted or published upon the Website

The Reflective’s rights under these terms and conditions in relation to user content, The Reflective does not undertake to monitor the submission of such content to, or the publication of such content on the Website.

 

Linked Destinations and Advertising

The Site may contain links to other websites, including, but not limited to, advertisements and other content posted by us or by third-parties (“Linked Sites”). You may also navigate to the Site from links, often provided by us, deployed by third parties in their social media, advertisements and other marketing activities (the locations where these links are placed are also considered Linked Sites). Access to or from Linked Sites is made available by The Reflective only as a convenience. Such Linked Sites are not owned, operated or controlled by us and if you visit Linked Sites, you do so entirely at your own risk and subject to the terms of use and privacy policies of such Linked Sites. Please be careful to read the terms of use and privacy policies of any Linked Sites before you provide any personal or other information to, or engage in any activity on, such Linked Sites. Any terms, conditions, warranties or representations included in the Linked Sites are solely between you and the relevant providers of the Linked Sites. You cannot rely on our Terms of Service and/or our Privacy Policy to govern your use of another website or destination.

The Reflective is paid a varying percentage of the sales price of sales on Linked Sites originating from the Site. The Reflective is committed to editorial integrity and honesty and by no means does its affiliation with Linked Sites affect what we choose to cover, or what we say in our editorial coverage.

We do not endorse, and The Reflective expressly disclaims responsibility and liability for, Linked Sites, including with respect to the content, products and services provided by the Linked Sites. Any interactions you have with Linked Sites are between you and the Linked Sites and you agree that The Reflective is not liable for any damage or loss you may suffer as a result of any interactions with any such Linked Sites or any claims that you may have against any such Linked Sites.

13. Notice and Procedure for Claims of Copyright or Intellectual Property Infringement

All contents of the Site including but not limited to text, design, graphics, interfaces, or code are the property and Copyright of The Reflective. All rights reserved.

All trademarks, service marks, and trade names are trademarks or registered trademarks and are proprietary to The Reflective, or other respective owners that have granted The Reflective license to use such marks.

If you believe that any content appearing on the Site, including content created and/or displayed by The Reflective or other material provided through a link, infringes your copyright, you should notify us in accordance with the procedure set forth below. 

A notification of claimed copyright infringement should be e-mailed to our copyright agent at info@the-reflective.com with  “DMCA Takedown Request” in the subject line. 

 

To be effective, the notification must be in writing and contain the following information:

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying The Reflective and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Clique’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

 

No warranties

The Website is provided “as is” without any representations or warranties, express or implied The Reflective makes no representations or warranties in relation to the Website or the information and materials provided on the Website.

Without prejudice to the generality of the foregoing paragraph, The Reflective does not warrant that:

Nothing on the Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

The Reflective will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

These limitations of liability apply even if The Reflective has been expressly advised of the potential loss.

Exceptions

Nothing in the above disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in the above disclaimer will exclude or limit the liability of The Reflective in respect of any:

Reasonableness

By using the Website, you agree that the exclusions and limitations of liability set out in the above disclaimer are reasonable.

If you do not think they are reasonable, you must not use the Website.

Other parties

You accept that, as a limited liability entity, The Reflective has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against The Reflective’s officers or employees in respect of any losses you suffer in connection with the Website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this above disclaimer will protect The Reflective’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as The Reflective.

Indemnity

You hereby indemnify The Reflective and undertake to keep The Reflective indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by The Reflective to a third party in settlement of a claim or dispute on the advice of The Reflective’s legal advisers) incurred or suffered by The Reflective arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to The Reflective’s other rights under these terms and conditions, if you breach these terms and conditions in any way, The Reflective may take such action as The Reflective deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.

Variation

The Reflective may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the Website from the date of the publication of the revised terms and conditions on the Website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

The Reflective may transfer, sub-contract or otherwise deal with The Reflective’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with The Reflective’s Privacy Policy  constitute the entire agreement between you and The Reflective, in relation to your use of the Website, and supersede all previous agreements in respect of your use of the Website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of the State of New York, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts therein. Dependent upon circumstances of use, privacy rights related to these terms and conditions may or may not be subject certain digital privacy regulations, such as the European Union General Data Protection Regulation.

About the Website Terms of Use

You can contact The Reflective by email at our email address link at the top of these Terms of Use.