Terms of Use

WELCOME TO ReK2 ("Site") which is operated by WhyEquals, LLC ("WhyEquals" or "Company") and materials on Site are owned by WhyEquals, LLC or by third parties and posted on Site by virtue of a license, grant or some other form of agreement between WhyEquals and the third party. These Terms of Use ("Terms") constitute a legal agreement ("Agreement") between you and WhyEquals; please read them carefully. By completing the registration process on our Site or any successor website or app (e.g. Relaid) thereto OR by downloading mobile content to a mobile device (each a "Download"), you

1. represent that you are at least 7 years of age and have the consent of the subscriber of a participating mobile communications carrier to sign up for and use the ReK2 service on behalf of the subscriber;
2. agree on behalf of the subscriber and yourself to be bound by these terms and conditions of this Agreement. If you access the ReK2 service through another website or app, please review these terms and conditions on that website or app or other posted guidelines as they may apply to your use. Any questions or comments regarding, or problems with, this Site should be sent to Site Administrator at [email protected].

In this Agreement, "you" and "your" refer to each customer (including the subscriber of a participating mobile communications carrier on whose behalf you are entering into this Agreement) and his or her agents, and "we", "us" and "our" refer collectively to WhyEquals and ReK2. This Agreement explains our obligations to you, and your obligations to us in relation to the ReK2 Service. Company reserves the right to modify these Terms, in whole or in part, at any time. Changes to these Terms will be effective when posted. Your use of Site, your subscription to a new Subscription Plan and/or if you maintain your existing Subscription Plan shall evidence your acceptance of the changes to these Terms and shall constitute your agreement to be bound thereby.

Description of ReK2 Platform-as-a-Service

WhyEquals provides mobile information content, such as local tips, advertising and other information data via the Internet, SMS, IVR to certain compatible mobile devices (the "Service" or the "ReK2 Service"). You acknowledge and agree that Service is for your personal use on the mobile device designated during the Registration. You agree that you may not transmit, broadcast, upload to any computer or mobile device, create derivative works of, or make commercial use of Service. You may not, or attempt to (or otherwise authorize, encourage or support others' attempts to) circumvent, re-engineer, decrypt, break or otherwise alter or interfere with Service.

Description of Relaid Group Messaging Service

Relaid supports multi-party (consumers-to-consumer) message exchange. To protect the consumers receiving messages, consumers may send messages under limited circumstances where topic and location are factors in common between senders and receivers. Consumers may not receive messages unless they make contact with a regional group. For clarity, a subscriber of a regional group may not contact consumers that have not contacted the group first. Furthermore, senders may not contact receivers without adhering to the topic of the group. Group moderators may block messages that are redundant with respect to recent message history, irrelevant to the topic or context, or lacking of substance. Relaid's role in the messaging ecosystem supports P2P routing services in which consumers create and consume messages. By default, Relaid does not reveal subscribers' phone numbers to other subscribers. Instead, Relaid may use proxy numbers to relay messages between subscribers.

Registration and Access to Service

1. Access to Service. In order to use Service, you must have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which WhyEquals makes Service available (e.g. a pre-paid plan), and pay any service fees associated with any such access. In addition, you must provide all equipment and software necessary to connect to Service, including, but not limited to, a mobile handset or other mobile access devices in working order and suitable for use in connection with Service. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with WhyEquals's operations. Any equipment or software causing interference shall be immediately disconnected from Service and Company shall have the right to immediately terminate this Agreement. If any upgrade in or to Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Service, including the release of new products and services, shall be subject to the terms and conditions of this Agreement.
2. Free and Premium Plans. When you sign up for an upgrade ("Subscription Plan") or use Service in any way, standard messaging rates and the terms and conditions of your carrier service agreement will apply. Please note that Service may not be available for use on all mobile devices. Check with your carrier service provider for details.

   Company offers through its Service free access to a limited area. Company also offers through its Service premium access for a varying numbers of days ("Plan"). To view Plans Company offers, please review the Site or contact 1-888-885-8548. The details of Plan (number of days, prices, and benefits available as part of Plan) are incorporated into this Agreement by this reference and form part of the terms of this Agreement. All terms and conditions of this Agreement shall govern Plan. After you have signed up for Plan, you may receive an SMS receipt with the details Plan, or to inquire the details of Plan contact 1-888-885-8548.

   Plan between you and Company shall begin when Company, upon your request, has provided you with access to premium service (such access may be based on data that Company deems sufficient for your identification such as your mobile telephone number and locations). Access to Service can be provided by delivering to you mobile content of the content category you subscribed to (e.g., by delivering tips from peers). The subscription period for each Plan is set forth in Site. Plan shall remain in effect until terminated and/or canceled by you or Company according to Section 8 of this Agreement.

   Plan includes a certain defined number of days and areas that entitle you to receive and/or access a larger amount of mobile content for a flat fee. The provision of days and areas and the making available of the possibility to receive and/or access mobile content is offered for a flat fee. The flat fee shall become due for every Plan period irrespective of whether or not you actually receive any content during any particular subscription period; the consideration for the flat fee shall solely be the periodic provision of the right to receive and/or access mobile content, in other words the making available of the respective content.

   Company requires you to reply to at least one-third of all SMS sent to you within any given month, whether you use free access to Service or through Plan. Company has the right to suspend your account and refuse any and all future use of Service (or any portion thereof) if you fail to comply.

3. Registration Data. If you opt to register for Service, you do so through our Site. If you register for Service, you agree to: (i) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If Company has reasonable grounds to suspect that the Registration Data is inaccurate or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of Service (or any portion thereof). You acknowledge and agree that we may send you important information and notices regarding your account and our Services. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about Service or your account. You further agree that we (ourselves or through third party service providers) are authorized to verify such Registration Data.
4. Access without Registration. Company will provide you with access to most Services without you registering as a user, such as sign-up via SMS. In each such case your identification is based on means of identification that we deem appropriate, such as your mobile telephone number.
5. License to Content. You acknowledge and agree that the Content made available as part of Service is owned by Company, its affiliate and/or licensors, as applicable, and are protected by intellectual property laws. Company hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, revocable right and license to download and use the object code version of the Content and Service on a designated compatible mobile device solely for your own personal non-commercial use. You further acknowledge and agree that you may not reproduce, duplicate, modify, perform, transfer, post, distribute, sell, create derivative works of or otherwise use or make available the Content except as expressly provided in this Agreement. No license is granted to you by this Agreement in the human readable code, known as the source code, of the mobile content retrieved on your mobile device, and no rights are granted to you by this Agreement in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the mobile content downloaded on your mobile device.

This Agreement will terminate immediately, without notice, if you fail to comply with any term or condition of this Agreement. Upon a termination of this Agreement, you agree to immediately remove all downloaded mobile entertainment content from your wireless communications device.

1. Interruptions or Discontinuation of Service. Company reserves the right at any time and from time to time to modify, suspend, discontinue or permanently cancel Service, or portions thereof, with or without notice to you. If Service, or any part thereof, for which you subscribe is permanently discontinued or canceled by Company we will cancel your Subscription Plan and reimburse any pre-paid fees related to such Service, except for termination made in accordance with Section 8 of this Agreement.
2. Third Party Products and Services. We may make available or provide access to products and services of independent third parties either directly or via links to websites or apps operated by such third parties. Such products or services shall be purchased and/or obtained directly from such third party. You acknowledge and agree that COMPANY SHALL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY PRODUCTS OR SERVICES OF THIRD PARTIES.

Privacy

See WhyEquals's Privacy Policy for an explanation of our collection and use of personal information under this Agreement.

Indemnification

You agree to release, indemnify, defend and hold harmless WhyEquals, its parent companies, subsidiaries, and affiliates, together with their respective officers, directors, shareholders, contractors, agents, employees, licensors and assigns from and against all liabilities, claims, damages, costs and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with (a) your use of Site and its Service; (b) your failure to use Site; (c) your breach or alleged breach of this Agreement; (d) your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties , and (e) the breach by you of your representations and warranties set forth herein.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO ANY DOWNLOAD(S), IS SOLELY AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OR DOWNLOAD. YOU AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL HAVE NO LIABILITY TO YOU, OR TO ANY THIRD PARTY, FOR ANY MODIFICATION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SERVICE, OR ANY PART THEREOF. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT COMPANY'S ENTIRE LIABILITY TO YOU OR ANY THIRD PERSON, AND YOUR OR ANY THIRD PERSON'S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE SERVICE PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICE DURING THE TERM OF THIS AGREEMENT. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, COMPANY, ITS LICENSORS AND CONTRACTORS (INCLUDING ANY THIRD PARTIES PROVIDING ALL OR PART OF THE SERVICE) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES.

Intellectual Property Rights

Except as otherwise set forth herein, all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of Service ("Company Intellectual Property Rights") are owned by Company or its licensors, and you agree to make no claim of interest in or ownership of any such Company Intellectual Property Rights. You acknowledge that no title to the Company Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in Service, other than the rights expressly granted in this Agreement.

Fees

The amount of the fees for the Subscription Plan to Service are identified and available as described above in Section 2(b). You agree to pay Company the fee that corresponds to the Subscription Plan you select in accordance with the fees in effect at the time of your order. All fees are due immediately and are non-refundable, except as otherwise expressly noted.

Termination and Cancellation of Services

To cancel your Plan, send a text message with the text "STOP" to the telephone number assigned to you. The termination shall become effective immediately but you will still be liable for any fees you have already paid.

You agree that Company, at its sole discretion, may at any time terminate your use of Service and Plan or individual services provided via Service, if Company believes that you have violated or acted inconsistently with this Agreement. You further agree that Company has the right to immediately terminate your use of, or access to, this Site at any time if Company decides at its sole discretion that you have breached any term or condition of this Agreement or any relevant law, rule or regulation or you have engaged in conduct that WhyEquals considers to be inappropriate or unacceptable.

You agree that upon termination of your access to Service under any provision of this Agreement, Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or Service. Further, you agree that Company shall not be liable to you or any third party for any termination of your access to Service. If you cancel your account or Plan for any reason, Company will not refund any of your fees paid to date, except as expressly provided in this Agreement.

Miscellaneous Provisions

1. Notices And Announcements. Except as expressly provided otherwise herein, all notices to Company shall be in writing and delivered via overnight courier or certified mail, return receipt requested to:
   WhyEquals, LLC
   P.O. Box 39601
   SOLON, OH 44139
   Attention: ReK2 Operator

   Our customer service department can be reached at P: 1 (888) 885-8548 or [email protected].

   Company may serve notices related to this contract by posting them on the Site or by sending them to the postal address or e-mail address you have given to Company or as a text message to your mobile telephone number associated with your account. Notices sent by mail shall be deemed received seven days after they were sent. Notices posted on the Site or sent by e-mail or as a text message shall be deemed received on the weekday following the day when they were posted or sent.

2. Copyright Infringement: If you believe that your work has been copied and posted on Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
   1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
   2. a description of the copyrighted work that you claim has been infringed;
   3. a description of where the material that you claim is infringing is located on Service;
   4. your address, telephone number, and email address;
   5. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
   6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. WhyEquals's Copyright Agent for notice of claims of copyright infringement can be reached as follows:
   WhyEquals, LLC
   P.O. Box 39601
   SOLON, OH 44139
   Attention: WhyEquals Copyright Agent
   P: 1 (888) 885-8548

3. Severability. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
4. Entire Agreement. You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
5. Governing Law. This Agreement is governed in all respects by and construed in accordance with the laws of the State of Georgia without given effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of Georgia, DeKalb County or, if appropriate, the United States District Court for the Central District of Georgia for any resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action, or proceeding. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
6. Waiver. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Company. The remedies of Company under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any provision of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.
7. Survival. In the event this Agreement terminates as provided herein, Sections 2(b), 2(f), 4, 5, 6 and 9 of this Agreement shall survive such expiration or termination.