Hello, we're Again Recommerce, Inc., otherwise known as The Again Co. We own and operate this website, which we are providing for your personal and noncommercial use. By using this website, you agree to these Terms of Use (“Terms”). If you do not agree to the Terms, do not use this website. We reserve the right to make changes to these Terms at any time, so please check back from time to time to ensure you are aware of any changes.

1. Rules of Conduct

While using this website you are required to comply with these Terms and all applicable laws, rules and regulations. We also expect visitors to this website to respect the rights of others. Do not use this website to harass, stalk, threaten or otherwise violate the rights of others. Do not disrupt (or attempt to disrupt) the operation of this website.

2. Intellectual Property

This website and its contents, including all trademarks, service marks, software code, and graphical elements, are our sole property unless otherwise expressly noted and are protected by copyright, trademark, patent, and other proprietary rights and laws. This website may also contain various third-party names, trademarks, and service marks that are the property of their respective owners. Subject to these Terms, you are granted a personal, non-exclusive, non-transferable and revocable license to use this website solely for your own personal, non-commercial purposes and solely in accordance with these Terms. This license is terminable at any time, and does not grant you any additional rights with respect to this website or its contents. We reserve all other rights. You may not modify, alter or change any content found on this website, or distribute, publish, transmit, reuse, re-post, reverse engineer, or disassemble such content or any portion thereof, including, without limitation, the text, images, audio and video. Your use of any content on our website, except as provided in these Terms, without our written permission of is strictly prohibited.

3. Submissions

We welcome your feedback and suggestions, and we provide a variety of ways for you to submit your feedback and suggests through this website. These types of submissions will be collectively referred to as “Submissions.” You grant us a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license with respect to all Submissions. We can use this license with no compensation to you. The license allows us: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), derive, transmit, display and perform, publicly or otherwise, any Submission (including without limitation your voice, image or likeness as embodied in such Submission), in any media now known or hereafter developed, for our business purposes, and (b) to sublicense the foregoing rights to the maximum extent permitted by applicable law. The foregoing licenses shall survive termination of these Terms for any reason. For each Submission, you represent and warrant that you have all rights necessary to grant these licenses (including, without limitation, rights in any musical compositions and/or sound recordings and/or images embodied or embedded in any Submission), and that such Submission, and your provision or creation thereof through this website, complies with all applicable laws, rules and regulations and does not infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.

4. Data Protection

We maintain safeguards intended to protect the integrity and security of this website. However, we cannot guarantee that this website will be secure, that its content will be complete or correct, or that access to this website will remain uninterrupted. Any personal information that you submit through our website is governed by our privacy policy. Please do not submit any sensitive personal information through our website. Any other information that you submit through our website will be treated as non-confidential and non-proprietary. Submissions will be treated as non-confidential and non-proprietary. This website contains links to third-party websites. We have no control over these third-party websites, nor do we endorse their content, products or services. We are not responsible for the availability, accuracy, or security of these third-party websites.

5. Termination

We may terminate your access to this website at our sole discretion, at any time, and without prior notice. We may immediately deactivate or delete all related information and files.

6. Indemnification

You agree to defend, indemnify and hold harmless us, and our directors, officers, employees, affiliates, shareholders, licensors, and representatives, from and against all claims, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising out of (a) your use of, or activities in connection with, this website, (b) any violation of these Terms by you; and (c) any allegation that any Submissions you make submit through or in connection with this website infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.

7. Disclaimer and Limitation of Liability

THIS WEBSITE AND ALL OF ITS CONTENTS ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR, ALL RISKS ASSOCIATED WITH, THE USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT AVAILABLE THROUGH OR IN CONNECTION WITH THIS WEBSITE. We recognize that some laws provide consumers specific rights and remedies and prohibit waiver of the same. Except with respect to such laws, you waive all damages under any cause of action other than actual damage for out-of-pocket loss, including nominal damages, liquidated damages, statutory damages, consequential damages, presumed damages, as well as the imposition of costs and attorney’s fees.

8. Miscellaneous

These Terms and your use of this website are governed by the laws of the State of California, without regard to its choice of law provisions. You agree that any disputes shall be heard exclusively in Santa Clara County, California, unless otherwise agreed to by both of us in writing. You consent to jurisdiction in the State of California for all purposes. Notices to you may be made via posting to this website, by email, or by regular mail, in our sole discretion. Notices to us should be made to hello@theagain.co. You agree that a printed version of these Terms and of any notice given in electronic form, including by posting to this website, shall be admissible in judicial or administrative proceedings based upon or relating to these Terms. We will not be responsible for any failure to fulfill any obligation due to any cause beyond our control. If you have a question or complaint regarding this website, please send an e-mail to hello@theagain.co. Please note that e-mail communications will not necessarily be secure, so you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. For information on how to report a claim of copyright infringement under The Digital Millennium Copyright Act of 1998 (the “DMCA”), please contact us at hello@theagain.co.