Terms of Use

In accordance with this Agreement, we may provide you access to the Platform after registration along with payment as applicable.  The Platform is sold as a licensed subscription (“Subscription”) and your Subscription does not entitle you to any ownership of the Platform.  Any Subscription is offered through a separate Subscription agreement by and between you and us.  You shall not remove any proprietary, copyright, trademark, or service mark legend from any portion of any of the Platform, including any modifications, enhancements, derivatives, and other software and materials developed by Retreva.  All rights not expressly granted in this Agreement are reserved for us.  You may only access the Platform as permitted by us and please be aware that we are not responsible for any User Data (defined below) encountered on the Platform. Please be aware that all portions of the Platform are offered on an “as is” basis and Retreva makes no representations or warranties regarding any portion of the Platform.   Retreva reserves the right to modify, change, and/or discontinue any and all portions of the Platform at any time and may also remove or add features or functionality to any subscription levels at its sole discretion.  Nothing in this Agreement obligates Retreva to make any previously available feature on the Platform available to Subscriber or offer any types of compatibility or versioning.

4. Privacy Policy

We value your privacy and understand your privacy concerns.  Our Privacy Policy is incorporated into this Agreement, and it governs your submission of information to our Platform.  Please review our Privacy Policy so that you may understand our privacy practices.  All information we collect is subject to our Privacy Policy, and by using the Platform you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

5. User Data

A User’s ability to submit or transmit any information through the Platform, including but not limited to user information, emails, recordings, written content, images, videos, or any other information will be referred to as “User Data” throughout this Agreement. Retreva is not required to host, store, display, migrate, or distribute any of your User Data and we may refuse to accept or transmit any User Data at our discretion. You agree that you are solely responsible for any User Data submitted and you release us from any liability associated with any User Data submitted.  Any User Data found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion.

When submitting any User Data to our Platform you represent and warrant that you own all rights to the User Data, you have paid any fees to use or license the User Data, or you otherwise have the permission and right to use any User Data. Furthermore, you represent and warrant that all User Data is legal and the User Data does not interfere with any third party rights or obligations.

When you submit any User Data to us, you grant Retreva, its partners, affiliates, Users, representatives and assigns a non-exclusive, unlimited, fully-paid, royalty-free, irrevocable, sublicenseable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Data for such purposes as required by us for any reason which may  include to providing you access to the services offered on the Platform.  Retreva has no liability to you for any User Data including all data, information, copy, images, URL names, and anything else submitted by you or any third parties using the Platform.  Specifically, Retreva shall not be liable for any errors related to any User Data. We reserve the right to remove, delete, modify, screen, edit, or refuse any User Data for any reason or no reason, and with or without notice to you.

6. Information Found on the Platform

ALL RETREVA CONTENT FOUND ON THE PLATFORM IS FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. Retreva does not endorse or warrant any Retreva content (“Retreva Content”), such as, encountered on the Platform including but not limited to any materials, recordings, manuals, documentation, or other information including any Underlying Technology. All Retreva Content is offered “as-is” and without warranty of any kind.  Please be aware that Retreva Content may be inaccurate, untimely, or contain errors.    You solely are responsible for your use of any Retreva Content and you agree to release us from any liability related to your use of any Retreva Content.

7. Use of the Platform

When using our Platform, you are responsible for your use of the Platform. You agree to the following:

• You may not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform;

• You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it;
• You may not access our Platform in an attempt to build a similar or other competitive product;
• You may not use the Platform in an unlawful manner that violates the laws of your jurisdiction or the laws of the United States;
  • You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • You may not violate or infringe other people’s intellectual property, privacy, or other contractual rights while using our Platform;
  • You may not use the Platform in a manner that would cause liability or harm to Retreva;
  • You may not interfere with or disrupt the Platform;
  • You agree not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing; and
  • You agree that you will not hold Retreva responsible for your use of our Platform

If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion, be terminated or suspended.  Additionally, if we believe that your actions may harm us or a third party we may suspend or terminate your use of the Platform and we may pursue any legal remedy available to us under applicable law.  Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but Retreva reserves the right to suspend or terminate any account at any time at our discretion.

8. User Account Holds

From time to time, Retreva may freeze or place a hold (“Hold”) on a User’s account. Some of the reasons that we may place a Hold on User’s account include but are not limited to the following: (1) if we have reason that User’s actions have violated this Agreement, may harm our business, are deceptive, misleading, unlawful, or have harmed a third party or interfere with a third party contractual right; (2) at the request of our payment processors or due to delayed payment; or (3) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If User has questions about a Hold we may have placed on User’s account, or need information about how to resolve the Hold, please contact us. Additionally, we may suspend User’s access to the Platform while such Hold is in place.

9. Platform Availability

Although we strive to make the Platform generally available, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time.  Specifically, we do not guarantee any uptime or specific availability of the Platform.  You agree and acknowledge that the Platform may not always be either 100% reliable or available.  Only users who are eligible to use our Platform may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Platform will work to the functionality desired by you or give you any desired results.

10. Modification of Platform

We reserve the right to alter, modify, update, or remove the Platform or any portions thereof, at any time at our discretion.  We reserve the right to discontinue previously offered features or functionality at our sole discretion and without prior notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of any portion of the Platform. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by the Platform without notice to you.

11. Third Party Content and Websites

Retreva does not endorse or warrant any Third Party Content including but not limited to any materials, results, information, or other data provided by a third party (collectively “Third Party Content”) and does not assume responsibility for any Third Party Content encountered whether through the Platform or otherwise.  If you use or access any Third Party Content you do so at your own risk. We recommend that you independently evaluate Third Party Content and you should not solely rely on the Third Party Content displayed on the Platform to make any decisions. If you require more information regarding any Third Party Content, please contact the owner of such Third Party Content.  Further, Retreva assumes no liability for inaccuracies or misstatements made by such third parties responsible for such Third Party Content.

Through the Platform User may connect to third party software or websites (“Third Party Website(s)”). Where a Third Party Website is made available through the Platform, Retreva does not warrant or endorse any such Third Party Websites.  User uses any Third Party Websites solely at their own risk. All such Third Party Websites are controlled by third parties and such third parties are solely responsible for any claims or offerings made available through such Third Party Websites. Any issues with the transmission, processing, or storage of any User Data  by any Third Party Websites is solely to be resolved by and between you and any entity owning such Third Party Websites.   Retreva will not be responsible for any connectivity issues related to any Third Party Websites and the Platform.  User’s access to any Third Party Websites are subject to the terms and conditions of the owner of such Third Party Websites and User agrees that User’s use of the Platform shall not violate any terms or conditions of such Third Party Websites.

12. Idea Submission

Retreva or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to Retreva. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Retreva’ products might seem similar to ideas submitted to Retreva. Any Submissions, whether solicited or unsolicited, will be treated as follows: (1) Submissions and their contents will automatically become the property of Retreva, without any compensation to the submitter; (2) Retreva may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Retreva to review the Submission; and (4) there is no obligation to keep any Submissions confidential.

13. Disclaimer

THE PLATFORM IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER RETREVA, NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE PLATFORM OR ANY ASSOCIATED SERVICES; (2) ANY INFORMATION OR CONTENT PROVIDED VIA THE PLATFORM INCLUDING ANY CONFIDENTIALITY THEREOF; (3) THE NATURE OR FIDELITY OF ANY DOWNLOADED INFORMATION INCLUDING CUSTOMER INFORMATION WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING; OR (4) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. RETREVA DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. RETREVA DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM IS ACCURATE, COMPLETE, OR USEFUL. RETREVA DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND RETREVA SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.

14. Limitation of Liability

IN NO EVENT SHALL RETREVA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT  RETREVA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.  SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY RETREVA’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE.  WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED, YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID IN THE PAST SIX (6) MONTHS TO USE OUR PLATFORM OR ONE HUNDRED UNITED STATES’ DOLLARS, WHICHEVER IS GREATER.

15. Indemnity

You agree to defend, indemnify and hold harmless Retreva, its officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

• Your or your authorized user’s use of and access to the Retreva Platform or any associated services including but not limited to any User Data;
• Your or your authorized user’s violation of any term of this Agreement;
• Your or your authorized user’s violation of any third party right, including without limitation any copyright, property, or contractual right.

This defense and indemnification obligation will survive this Agreement and your use of the Retreva Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases.  You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements.  In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

16. Copyrights

Takedown Notice

We take copyright infringement very seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using our Platform, please send us a message which contains:

• Your name.
• The name of the party whose copyright has been infringed, if different from your name.
• The name and description of the work that is being infringed.
• The location on our Platform of the infringing copy.
• A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
• A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to our Copyright Agent: Copyright Agent of Retreva, admin@retreva.com, 3767 Attucks Drive, Powell OH 43065.

Counter Notice

In the event that you receive a notification from Retreva stating content posted by you has been subject to a DMCA takedown, you may respond by filing a counter-notice pursuant to the DMCA.  Your counter-notice must contain the following:

• Your name, address, email and physical or electronic signature.
• The notification reference number (if applicable).
• Identification of the material and its location before it was removed.
• A statement under penalty of perjury that the material was removed by mistake or misidentification.
• Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the US).
• Your consent to accept service of process from the party who submitted the takedown notice.

Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements.    Please send this counter-notice to: Copyright Agent: Copyright Agent of Retreva, admin@retreva.com, 3767 Attucks Drive, Powell OH 43065.

17. Choice of Law

This Agreement shall be governed by the laws in force in the state of Ohio. The offer and acceptance of this contract is deemed to have occurred in Ohio.  The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement and is hereby expressly excluded.

18. Disputes

This Agreement and any dispute arising out of or in connection with this Agreement (“Dispute”) shall be subject to arbitration as set forth.

Binding Arbitration

You agree that any dispute relating in any way to your use of the Platform shall be submitted to confidential binding arbitration.   If there is a dispute about whether this arbitration provision can be enforced or applies to the Dispute, you and Retreva agree that the arbitrator will decide that issue.  However, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

Arbitration under this Agreement is under the Federal Arbitration Act which governs the interpretation and enforcement of this provision. The arbitration will be administered by JAMS Arbitration in accordance with their Streamlined Arbitration Rules (the “Rules”) then in effect, found at https://www.jamsadr.com/. Arbitration shall be conducted by one (1) arbitrator as selected pursuant to the Rules; the arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The location of the arbitration shall be in Franklin County, OH.  Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. 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 Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration, you agree that any actions shall be brought solely in a court of competent jurisdiction located within Frankling County, OH.  Further any action or claim regarding intellectual property, containing confidential information, or requiring injunctive relief shall be heard in a court of competent jurisdiction located within Franklin County, OH.

You have the right to opt out of binding arbitration within thirty (30) days of the date You first accepted this Agreement by notifying us via mail at Hattrix LLC dba Retreva,3767 Attucks Dr., Powell, OH 43065 . In order to be effective, the opt out notice must include your full name, any account information, and must clearly indicate your intent to opt out of binding arbitration. If you have decided to opt-out of Binding Arbitration, all Disputes shall be heard in a court of competent jurisdiction located within Franklin County, OH.

19. Class Action and PAGA Waiver

You and Retreva agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.

20. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement or any other agreement you may have with Retreva are deemed to conflict with each other’s operation, Retreva shall have the sole right to elect which provision remains in force.

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law.  Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent.  We may assign our rights and/or obligations under this Agreement to any other party at our discretion.  All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Disclaimer, User Data, Access, Payment, Indemnification, Class Action, and Arbitration sections.

This Agreement along with the Privacy Policy constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter.  However, where you have entered into any other agreements such as a subscription or franchisee agreement with Retreva, such agreement shall control and supersede. Where this Agreement expressly and directly conflicts with the Privacy Policy, this Agreement shall control.  Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by a duly authorized representative of each party.  Any notices required under this Agreement shall be delivered to Hattrix LLC dba Retreva,3767 Attucks Dr., Powell, OH 43065, delivery confirmation required.  Any notices to User shall be delivered either electronically via email or to the User’s account within the Platform.

We may amend this Agreement from time to time.  When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you.  You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform and please delete your account through your account page.

The communications between you and Retreva use electronic means, whether you visit the Platform or send Retreva e-mails, or whether Retreva posts notices on the Platform or communications with you via mobile notifications or e-mail.  For contractual purposes, you (1) consent to receive communications from Retreva in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Retreva provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.

If you have any questions, issues, or have trouble accessing or using the Platform, please contact us through the Platform by email at admin@retreva.com.

We may terminate this Agreement, if: (1) you have violated any applicable laws while using our Platform; (2) if you have violated any portion of this Agreement or any of our Platform policies; or (3) if we believe that any of your current or future actions may legally harm Retreva, our business interests or a third party, at our discretion.  In the event of account termination, we will strive to provide you with a timely explanation; however, we are not required to do so.  Please be aware that upon termination of your account, access to all or portions of our Platform may become immediately disabled and any User Data stored on the Platform may become inaccessible or deleted and we shall have no liability to you in regards to any retention of your User Data.