Terms Of Use

Effective Date: June 18, 2019 

Please read carefully this Terms of Use (the "Agreement") before using the Services (defined below) offered by Reflection International Inc.  ("Reflection").  This Agreement governs all the services Reflection provides, including but not limited to:  (1) a Reflection user webWebsite that may be accessed through www.ReflectionAmerica.com ("Website"), (2) software and application that may be downloaded to your mobile devices ("Mobile App"), (3) smart home electronic consumer products offered at the Reflection Website and anywhere else ("Products"), and (4) subscription services, including services that can be accessed using the Reflection Website and Mobile App ("Subscription Services"), all for use in connection with Reflection Products and in other ways that Reflection provides (collectively hereinafter referred to as "Services").  Some Reflection Services can be used in the ways that involve integration with products and services offered by third parties. 

BY USING ANY OF REFLECTION'S SERVICES YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND ARE A PARTY TO THE TERMS AND CONDITIONS HEREUNDER TO THE EXCLUSION OF ALL OTHER TERMS.  YOU REPRESENT AND WARRANT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE SERVICES AND TO ENTER INTO THIS AGREEMENT.  THESE TERMS AND CONDITIONS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.  IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THIS AGREEMENT, YOU SHOULD CEASE ALL ACCESS AND USE OF THE SERVICES.

AS DESCRIBED BELOW, USAGE AND LIMITATION OF SERVICES AND WARRANTY DISCLAIMERS DESCRIBE IMPORTANT LIMITATIONS OF THE SERVICES, ESPECIALLY IN CONNECTION WITH LIFE SAFETY AND CRITICAL USES.  PLEASE READ THESE DISCLOSURES CAREFULLY, AS YOU ARE ACKNOWLEDGING THEM AND ACCEPTING THEM.

Access to Services

Subject to these Terms, Reflection grants you a non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Services. 

Reflection may change, suspend or discontinue the Services at any time, including the availability of any feature or content.  Reflection may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.  You may only use the Services and the Products for your own personal, non-commercial use, and not for the use or benefit of any third party, and only in a manner that complies with all laws that apply to you.  If your use of the Services is prohibited by any applicable law, then you are not authorized to use the Services.  We cannot and will not be responsible for your using the Services in a way that breaks the law.  Any software component embodied in the Products is licensed to you, and not sold.

Reflection may provide the opportunity for you to interface the Services to one or more third parties.  You decide whether and with which third party products and services you want to interface.  Your explicit consent and authorization are required for this interface and is revocable by you at any time.  Once your consent is given for particular third-party products and services, you agree that Reflection may exchange information and control data regarding you and your Products, including your personal information, in order to enable the interface you have authorized.  Once this information is shared with the third-party products or services, its use will be governed by the third party's privacy policy.

Reflection reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice.  You agree that Reflection will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.

The Services are intended for persons aged 18 years or older.  We do not knowingly collect personal information from someone under 18.  No one under age 18 may provide any personal information to Reflection or on the Services.  If you believe that we have collected personal information from someone under age 18, please contact us at service@reflectionamerica.com or Reflection International Inc., 1502 Foothill Blvd., #103-222, La Verne, California  91750, and we will take appropriate steps to investigate and address the issue promptly.

You represent and warrant to us that: (i) you are of legal age to form a binding contract; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information.  You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services.  This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

Accounts

Certain features or services offered on or through the Website and Mobile App may require you to open an account (including setting up a login and password).  You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential.  You agree to notify Reflection immediately of any unauthorized use of your account or password, or any other breach of security.  You may be held liable for losses incurred by Reflection or any other user of or visitor to the Website due to someone else using your Reflection login, password or account as a result of your failing to keep your account information secure and confidential. 

Content

You acknowledge and agree that you are solely responsible for all Content that you upload, post, email, transmit, store or otherwise disseminate using, or in connection with, the Services, or that you contribute in any manner to the Services, and you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it; and you license to Reflection all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Services pursuant to these Terms.  You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed or stored through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, store, or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.  Reflection reserves the right to remove any User Submissions from the Services at any time, for any reason or for no reason at all.

Under no circumstances will Reflection be liable in any way for any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, stored, or otherwise made available via the Services.

Restrictions

You warrant, represent and agree that: you will not contribute or store any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any employee or representative of Reflection; or (v) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.  Reflection reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Reflection is concerned that you may have breached the immediately preceding sentence), or for no reason at all.  You, not Reflection, remain solely responsible for all Content that you share, publish, upload, post, email, transmit, store or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Reflection and to grant Reflection the rights to use such information in connection with the Services and as otherwise provided herein.

You are responsible for all of your activity in connection with the Services.  Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services.  You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other User.  Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene) or engage in any kind of illegal activity is expressly prohibited.  You will not run Listserv, Mail list, any form of auto-responder, or "spam" on the Services, or any processes that run or are activated while you are not logged on to the Reflection Website or Mobile App, or that otherwise interfere with the proper working of or place an unreasonable load on the Services' infrastructure.  Furthermore, the use of manual or automated software, devices, or other processes to "crawl", "scrape", or "spider" any page of the Website is strictly prohibited.  You will not decompile, reverse engineer, or otherwise attempt to obtain the source code for any of the Services. 

Subscribed Services

By subscription of Subscription Services and providing or designating a payment method, you authorize us to charge you the applicable fees for Subscription Services on a monthly or annual basis (depending on the billing cycle you choose).  You expressly acknowledge and agree that Reflection will automatically bill you from the date you activate your Subscription Services on each periodic renewal until you cancel it, or such Subscription Services are suspended, discontinued or terminated in accordance with Reflection's Terms of Service.  You are responsible for all applicable taxes if Reflection is required to do so by law. 

You may request to unsubscribe, upgrade or downgrade your Subscription Services at any time.  Any of such requests will not be effective until the end of your current billing period.  ANY PAYMENTS FOR SUBSCRIPTION SERVICES ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.

If you do not pay your Subscription Services on time, Reflection reserves the right to suspend or downgrade your services with or without prior notice.  Your access to any saved videos, pictures or data from your account will be barred from the expiration date of the Subscription Services.

Reflection reserves the right to change its price list and to institute new charges at any time upon notice to you, which may be sent by email or posted on the Website.  Your use of the Services following such notification constitutes your acceptance of any new or increased charges.

Reflection may offer free trials of our Subscription Services for limited periods of time.  If we offer you a free trial, the specific terms of your free trial will be provided at registration.  Reflection reserves the right to determine your free trial eligibility in its absolute discretion.  If you register for a free trial subscription, Reflection will begin to bill your account when the free trial subscription expires, unless you cancel your subscription before that time.  You may cancel the free trial at any time.  Once canceled, your free trial is deemed to be ended and would never be restarted.  Upon the expiration or cancellation of your free trial, all the stored videos, clips or any other data will be inaccessible and deleted, which can never be restored, unless you choose to subscribe Subscription Services and pay the applicable fees before the expiration or cancellation of your free trial.  We have no obligation to notify you when your free trial ends, and we reserve the right to modify or terminate free trials at any time, without notice and in our sole discretion.

Usage and Limitation of Services

The Services are intended to be accessed and used for non-critical information and control of Products.  While we aim for the Services to be highly reliable and available, they are not intended to be reliable or available 100% of the time.  The Services are subject to suspension, interruptions and failures for a variety of reasons beyond Reflection's control, including but not limited to WiFi intermittency, service provider uptime, mobile service carriers and any other related third parties.  You acknowledge these limitations and agree that Reflection is not responsible for any damages allegedly caused by the failure or delay of the Services to reflect current status or notifications.  YOU AGREE THAT THE PRODUCTS AND SERVICES, WHETHER STANDING ALONE OR INTERFACED WITH THIRD-PARTY PRODUCTS OR SERVICES, ARE NOT AN EMERGENCY NOTIFICATION SYSTEM.

You further acknowledge that, although Reflection's target is to provide highly reliable and available service, the Services, including remote access, should not be deemed to be 100% reliable and 100% available.  Services may be suspended temporarily without notice for a variety of reasons, including, but not limited to, security, system failure, and maintenance, or other circumstances.  You agree that you will not be entitled to any refund or rebate for such suspensions.  Reflection does not offer any specific uptime guarantee for the Services.  YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES.  MOBILE ALERTS FROM YOUR REFLECTION PRODUCTS ARE PROVIDED FOR INFORMATIONAL USE ONLY.

The Services, although accessible worldwide, have been designed for use by residents of the United States, AS APPLICABLE.  You are responsible for complying with all applicable laws and regulations of the country where you access or use the Services.  We are not liable or responsible if you violate any such law. 

Warranty Disclaimers

THE WARRANTY FOR PRODUCTS IS SET FORTH IN THE LIMITED WARRANTY.  THE SERVICES ARE PROVIDED FOR YOUR CONVENIENCE, "AS IS" AND "AS AVAILABLE" AND REFLECTION AND OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. 

YOU ACKNOWLEDGE AND UNDERSTAND THAT NEITHER THE PRODUCTS NOR SERVICES ARE A HOME SECURITY SYSTEM, NOR DOES REFLECTION INTEND THE PRODUCTS OR SERVICES TO BE A REPLACEMENT FOR A HOME SECURITY SYSTEM.  REFLECTION AND ITS THIRD-PARTY SERVICE PROVIDERS ARE NOT RESPONSIBLE FOR DAMAGES TO YOU OR YOUR FAMILY FOR ANY REASON.

REFLECTION AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REFLECTION OR THOUGH THE SERVICES SHALL CREATE ANY WARRANTY.

REFLECTION DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE PRODUCTS OR SERVICES OR ANY HYPERLINKED WEBWEBSITE OR SERVICES, AND REFLECTION WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SUCH PRODUCTS OR SERVICES.

WHEN YOU INSTALL, SETUP OR USE PRODUCTS AND SERVICES LIKE THOSE PROVIDED BY REFLECTION YOU ARE GIVEN THE OPPORTUNITY TO ALTER DEFAULTS OR CHOOSE PARTICULAR SETTINGS.  THE CHOICES YOU MAKE CAN CAUSE DAMAGE OR LEAD TO NON-RECOMMENDED OPERATION OF YOUR CONNECTED EQUIPMENT OR SYSTEMS.  YOU ASSUME ALL LIABILITY FOR SUCH DAMAGE WHEN YOU CHOOSE PARTICULAR SETTINGS OR SET OR ADJUST DEFAULTS.

REFLECTION MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, AND REFLECTION WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES.  REFLECTION MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH THE SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT REFLECTION IS NOT RESPONSIBLE FOR ANY CLAIM OR LIABILITY ALLEGEDLY CAUSED BY OR ARISING OUT OF OR IN CONNECTION WITH TRANSMISSION ERRORS.

Indemnity and Limitation of Liability

You will indemnify and hold Reflection, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to the Service, use of the Service, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

Nothing in these Terms and in particular within this "Limitation of Liability" clause shall attempt to exclude liability that cannot be excluded under applicable law. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) REFLECTION BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE SERVICES OR THE PRODUCTS, EVEN IF REFLECTION KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) REFLECTION'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICES AND THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO REFLECTION OR REFLECTION'S AUTHORIZED RESELLER FOR THE SERVICES OR THE PRODUCTS AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY).  THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.  REFLECTION DISCLAIMS ALL LIABILITY OF ANY KIND OF REFLECTION'S LICENSORS AND SUPPLIERS.  UNDER NO CIRCUMSTANCES WILL REFLECTION BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF OR EXPOSURE TO ANY CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

Intellectual Property

You agree that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in the Services are owned by Reflection or its affiliates or our licensors.  Your possession, access, and use of the Product, Product Software, and Services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights.  Reflection and its affiliates and licensors and suppliers reserve all rights not granted in these Terms.  The Services are licensed to you, not sold, under these Terms.

You may not use the content of the Services in any other public or commercial way nor may you copy or incorporate any of the content of the Services into any other work, including your own webWebsite without the written consent of Reflection.  You must have a license from us before you can post or redistribute any portion of the Services.  Other than with respect to User Submissions, Reflection retains full and complete title to all content on the Services, including any downloadable software and all data that accompanies it.  You must not copy, modify or in any way reproduce or damage the structure or presentation of the Services or any content therein.

International Use

The Services are controlled, operated, and administered by Reflection from its offices within the United States.  Reflection makes no representation that the Services are appropriate or available for use at other locations outside the United States, and access to the Services from territories where the Services are illegal is prohibited.  If you access the Services from a location outside the United States, you are responsible for compliance with all local laws where you reside.

Third Party Products and Services

Reflection may provide the opportunity for you to interface with products and services provided by a third party.  Reflection Services also rely on or interoperate with third party products and services, which are beyond Reflection's control.  The operation of the third party may impact or be impacted by the use and reliability of Reflection Services.  You hereby acknowledge that your use of any third-party products and services is governed by separate terms and conditions provided by the operator(s) of the applicable third-party products and services.  You acknowledge and agree that Reflection makes no representation or warranty about the operation, reliability, or safety of any third-party products or services.  Reflection has no control over and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party products and services.  In addition, Reflection will not and cannot monitor, verify, censor or edit the content of any third-party products and service.  Reflection is not responsible for your use of any third-party products and services or any personal injury, death, property damage (including, without limitation, to your home), or other harm or losses arising from or relating to your use of any third-party products or services.  You should contact the third party with any questions about its products and services.

You acknowledge that Reflection uses third party service providers to enable some aspects of the Services - such as, for example, data storage, synchronization, and communication through cloud service providers, and mobile device notifications through mobile operating system vendors and mobile carriers. 

You acknowledge that the availability of the Services is dependent on (i) your computer, mobile device, wiring, WiFi network, Bluetooth connection, and other related equipment ("Equipment"), (ii) your Internet service provider ("ISP"), and (iii) your mobile services carrier ("Carrier").  You acknowledge that you are responsible for all fees charged by your ISP and Carrier in connection with your use of the Services.  You also acknowledge that you are responsible for compliance with all applicable agreements, terms of use/service, and other policies of your ISP and Carrier.

You acknowledge and agree that the availability of the Reflection's Mobile App is dependent on the third-party products and services from which you download the mobile applications, e.g., the App Store from Apple or the Android app market from Google.  You acknowledge that these Terms are between you and Reflection and not with an App Store.  Each App Store may have its own terms and conditions to which you must agree before downloading Reflection's Mobile App from it.  You agree to comply with, and your license to use the Reflection's Mobile App is conditioned upon your compliance with, such App Store terms and conditions.  To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.

By using the Services, you expressly relieve and hold harmless Reflection from any and all liability arising from your use of any third-party products and services.  Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.  You should conduct whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.  You agree that Reflection shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.  If there is a dispute between users and any third party, you understand and agree that Reflection is under no obligation to become involved. 

Reflection hereby disclaims and you hereby discharge, waive and release Reflection and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services.  YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.

 

Privacy Policy

Please see Reflection’s Privacy Policy for information and notices concerning Reflection's collection and use of your personal information with respect to the Services.  The Privacy Policy is hereby incorporated by reference; your acceptance of this Agreement constitutes your acceptance and agreement to be bound by our Privacy Policy.

Data Protection Laws

Reflection products are designed and intended primarily for personal and household use.  Nonetheless, laws in your jurisdiction may impose obligations on how you use the Services.  For video, audio, and photographic information collected by the Services, you are the controller of this data and Reflection is the processor under relevant laws.  By using the Services, you agree that you, not Reflection, are responsible for adhering to applicable laws, including those covering the recording of third parties.  For more information on this, see our Privacy Policy.

Cloud Service Provider

Amazon Web Service ("AWS") is our cloud service provider.  By using our Services, you agree to allow AWS to contact you (via email or mail) for operational and promotional purposes.  Any data you provide to AWS will be governed by its privacy policy

Termination

This Agreement shall remain in full force and effect while you use the Services.  You may terminate your use of the Services at any time.  At any time, Reflection may (i) suspend or terminate your rights to access or use the Services, or (ii) terminate these Terms with respect to you, if Reflection in good faith believes that you have used the Services in violation of these Terms, including any incorporated guidelines, terms or rules.  All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.

Dispute Resolution and Arbitration Agreement

If a dispute arises between you and Reflection, our goal is to learn about and address your concerns.  You agree that you will notify Reflection in writing about any dispute you have with Reflection regarding these Terms and Conditions. 

For any questions or claims, please contact Reflection.

Reflection may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction. 

Subject this section, you and Reflection agree that, except for small claims court, any dispute, claim or controversy arising out of or relating in any way to Reflection, including, without limitation, our products, our webWebsite, your account(s), promotional offers, user interfaces, our Privacy Policy or our privacy practices generally, these Terms and Conditions, and this Arbitration Agreement, shall be determined by binding arbitration instead of in courts of general jurisdiction. 

Further, you agree that the arbitration is final and binding and subject to only very limited review by a court.  You also waive your right to any form of appeal, review or recourse to any court or other judicial authority, insofar as such waiver may be validly made.  This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to your use of the Products.

You must first present any claim or dispute to Reflection, by certified mail, a written Notice of your claim ("Notice").  The Notice to Reflection should be addressed to Reflection International Inc., 1502 Foothill Blvd., #103-222, La Verne, California 91750 USA, Attn:  Notice of Legal Claim.

If Reflection elects to seek arbitration, it will send, by certified mail, a written Notice to the address used for your membership account.  A Notice, whether sent by you or by Reflection, must (a) provide name, mailing address and email address of the party, (b) describe the nature and basis of the claim or dispute, and (c) state the requested relief.  Following receipt of the Notice, we each agree to negotiate with each other in good faith about the claim provided in the Notice.  If we do not resolve the claim within sixty (60) days after receipt of the Notice, you or we may commence arbitration.

The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable rules of the American Arbitration Association as modified by this Agreement.  The place of any arbitration will be Los Angeles, California, USA, and will be conducted in the English language.  Claims will be heard by a single arbitrator.  The arbitrator may not award relief in excess of or contrary to what this Agreement provides, order consolidation or arbitration on a class wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party's actual damages, or order injunctive or declaratory relief, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute.

Any arbitration shall be confidential, and neither you nor Reflection nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award.  Judgment on any arbitration award may be entered in any court having proper jurisdiction.  If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).

All administrative fees and expenses of arbitration will be divided equally between you and Reflection.  Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing.

THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THESE TERMS OF USE.

General

Language.  This Agreement may be translated into other languages otherwise than English.  To the extent allowed by law, the English version of this Agreement is binding, and other translations are for convenience only.

Entire Agreement.  This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the entire agreement between you and us and supersedes all prior representations or agreements for the Services.  Headings are for reference purposes only and do not form part of this Agreement.

Changes to these terms.  Reflection reserves the right to make changes to these Terms.  We'll post notice of modifications to these Terms on this page.  You should ensure that you have read and agree with our most recent Terms when you use the Services.  Continued use of the Services following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the revised Terms.

Severability.  If any part of this Agreement is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.

Assignment.  You may not assign or transfer this Agreement, by operation of law or otherwise, without Reflection's prior written consent.  Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect.  Reflection may assign or transfer this Agreement, at its sole discretion, without restriction.  Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

Governing Law.  All matters relating to Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of law principles.  You agree to submit to the personal jurisdiction of the state and federal courts in or for Los Angeles County, State of California for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated as set forth in an above section.

Failure or delay by Reflection to enforce any these Terms will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.