Terms of Service

RecallTray U.S. TERMS OF USE ​ Updated as of January 4th, 2025 ​ RecallTray LLC, an Illinois limited liability company, together with its subsidiaries, parents or affiliates (“RecallTray,” "we," “our,” or "us”), operates the RecallTray services, which includes https://www.RecallTray.com (the "Website"), newsletters, and the Linked Social Media Accounts and Platforms (collectively, the “Services”). As used herein, “Linked Social Media Accounts and Platforms” means social media accounts and digital platforms accessible via users by directly clicking on links on the Website. The Services are intended for use by residents of the United States (“U.S.”) in accordance with U.S. laws, this agreement covering the terms of use for the Services (the “Terms of Use” or this “Agreement”) and the available Privacy Policy at https://www.beehiiv.com/privacy (“Privacy Policy”). ​ ​ By using the Services, you agree to comply with and be bound by these Terms of Use, and you accept all related rules applied by RecallTray, so please read these Terms of Use carefully beforehand. If you don’t agree to these Terms of Use or can’t comply with them, you shouldn’t begin to use our Services or engage in contact with us. ​ 1. Agreement. This Agreement specifies the terms and conditions for access to and use of the Services and describe the terms and conditions applicable to your access of and use of the Services. This Agreement may be modified at any time by RecallTray upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at https://www.RecallTray.com/tos. Each use of the Services by you shall constitute and be deemed your unconditional acceptance of this Agreement. ​ 2. Privacy. Your visit to our Services is also governed by our Privacy Policy at https://www.RecallTray.com/privacy. ​ 3. Ownership & Proprietary Rights. With the exception of content posted by users of the Services (“User Content”), all materials contained on the Services, including all content, and the sound, audio, software, graphics, text and look and feel of the Services, and all trademarks, copyrights, patents and other intellectual property rights related thereto (“Proprietary Materials”), are owned or controlled by RecallTray, our subsidiaries or affiliated companies, contributors, our third party licensors, and/or our advertising partners. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Proprietary Materials, or any other protectable aspects of the Services, in whole or in part, unless specifically stated otherwise. Subject to your compliance with this Agreement and any other relevant policies related to the Services, we grant you a non-exclusive, non-transferable, revocable limited license, subject to the limitations herein, to access and use the Services and Proprietary Materials for your own non-commercial entertainment purposes consistent with the intended purpose of the Services. You agree not to use the Services for any other purpose. You may be able to post, upload, or submit content to be made available through the Services (“Your Content”). As a condition of your use of the Services, you grant us a nonexclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicenseable license to access, use, host, cache, ​ store, reproduce, transmit, display, publish, distribute, modify and adapt and create derivative works (either alone or as part of a collective work) from Your Content. You also agree that (a) the other users of the Services shall have the right to comment on and/or tag Your Content and/or to use, publish, display, modify or include a copy of Your Content as part of their own use of the Services, and (b) we have the right to make any of Your Content available to third parties, so that those third parties can distribute, make derivative works of, comment on and/or analyze your Content on other media and services (either alone or as part of a collective work). By posting or submitting Your Content through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above. ​ 4. Third-Party Content & User Content. You acknowledge that the Services may include content provided by users. Any opinions, advice, statements, judgments, services, offers, or other information that constitutes part of the content expressed or made available by third parties, including content posted by our contributors or User Content, are those of the respective authors and not of RecallTray or its affiliates or any of their officers, directors, employees, or agents. While we retain the right to filter or reject User Content and other content posted by third parties, we review User Content and other third party content in a limited gate-keeper fashion and have no obligation to investigate whether any content or other User Content violate any term of this Agreement and will not do so in most cases. We neither endorse nor are responsible for the User Content or any other content posted to the Services by anyone other than RecallTray. Just as you retain complete ownership of Your Content (subject to the license to us granted above), all other users of the Services retain ownership of their User Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any User Content in whole or in part. ​ 5. Promotional Codes. We may offer certain promotional codes, referral codes, discount codes, coupon codes or similar offers (“Promotional Codes”) that may be redeemed for discounts on future offerings, or other features or benefits related to the Services, subject to any additional terms that we establish. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by us; (d) may be disabled or have additional conditions applied to them by us at any time for any reason without liability to us; (e) may only be used pursuant to the specific terms that we establish for such Promotional Code; (f) are not valid for cash or other credits or points; and (g) may expire prior to your use. 6. Special Promotions. We may offer you the chance to participate in drawings, contests, giveaways, and promotions (“Special Promotions”) through the Services. By registering for a Special Promotion, you agree to the official rules that govern that Special Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Special Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Special Promotion. If you choose to enter a drawing, contest or other promotion, personally identifiable information may be disclosed to third parties or the public in connection with the administration of such Special Promotion, ​ including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Special Promotion’s official rules, such as on a winners list. ​ 7. Links. The Services may contain links or otherwise direct you to websites operated by third parties. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third party site. We reserve the right to disable links to third party sites. 8. Conduct. You, as a user, agree to use the Services only for lawful purposes. Without limiting anything else above, specific prohibited activities include, but are not limited to: 1. depicting, encouraging or partaking in criminal or tortious activity, including fraud, trafficking in obscene or illegal material, drug dealing or using, underage drinking, gambling, violence, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, 2. depicting, encouraging or partaking in dangerous activities or conduct that is abusive, threatening, obscene, defamatory or libelous; 3. posting, uploading or sharing content that violates any of the prohibitions herein or that constitutes copyright infringement, patent infringement, or theft of trade secrets; 4. attempting to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein; 5. using any software that intercepts, mines, or otherwise collects information about other users or copies and stores any Proprietary Materials (as defined below); 6. interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services; 7. attempting to reverse-engineering or break into/hack into the Services; 8. attempting to impersonate another user or person; 9. soliciting personal information from anyone under 18; 10. collecting, harvesting, soliciting or posting personally identifiable information about anyone other than yourself; 11. using information obtained from the Services in order to harass, abuse, or harm another person, whether a user or a contributor; and ​ 12. using the Services in a commercial manner. You represent and warrant that neither your actions on the Services nor Your Content will violate any of the prohibited conduct described above. The use of the Services is at the discretion of RecallTray and RecallTray may terminate your use of the Services at any time. ​ 9. Third Party Companies and Providers. The Services may enable you to request and receive products, information and services from businesses that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the Services. ​ In addition, the Services may prompt you to establish an account with a third party service provider not owned or operated by us. Your agreement and understanding with any such third party service provider is solely between you and such service provider. Any disputes you may encounter with such third party service provider must be settled solely between you and the service provider. ​ 10. Intended Audience. We are committed to the preservation of online privacy for all of our visitors and users, including children. We provide products and services intended for adults (i.e., those age 18 or older, or 21 or older in some jurisdictions). If you use our Services, including, without limitation, by providing personal information such as your e-mail address, name, zip code, country, postal address, etc., to the maximum extent permissible under applicable U.S. federal and state law, you are representing that you are an adult. ​ We will not knowingly collect any personal information from children under the age of 18 without the consent of that child's parent or guardian. If you are not 18 or older, you are not authorized to use the Services. If we become aware that personal information from a child under 18 has been collected, we will use all reasonable efforts to delete such information from our database. Please review our Privacy Policy available at https://www.RecallTray.com/privacy. 11. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Services. You further agreed that information provided by you is truthful and accurate to the best of your knowledge. ​ 12. Indemnification. You agree to indemnify, defend and hold RecallTray and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Services. ​ 13. Disclaimer. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE U.S. FEDERAL AND STATE LAW, THE INFORMATION ON THE SERVICES IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE U.S. FEDERAL AND STATE LAW, RecallTray DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SERVICES SHALL BE TO DISCONTINUE USING THE SERVICES. ​ WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY THIRD-PARTY PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT USE OF THE SERVICES WILL BE 100% SECURE, UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICE, PROVIDED THROUGH THE SERVICES; OR (IV) THAT THE SERVERS, OR EMAILS SENT FROM OR ON BEHALF OF US, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR THE ACTIONS OF ITS USERS OR THE CONTENTS OF ANY USER CONTENT. ​ 14. RecallTray provides information regarding product recalls sourced from publicly available materials, third-party resources, and governmental agencies. While RecallTray endeavors to provide accurate, timely, and comprehensive information, you acknowledge and agree that RecallTray does not guarantee the accuracy, completeness, or timeliness of any recall information provided through the Services, including newsletters or notifications. By using the Services, you expressly agree that: (a) RecallTray shall not be liable for any harm, injury, illness, loss, or damage resulting from reliance on recall information provided by the Services; (b) RecallTray does not warrant or represent that the Services will promptly or comprehensively notify users of all product recalls, nor that such recall notifications will include all relevant details or updates regarding the recall; (c) RecallTray disclaims any responsibility for delays, omissions, or errors in providing recall-related information; and (d) You assume full responsibility for verifying recall information through official sources or consulting with appropriate professionals. Under no circumstances shall RecallTray be held responsible for any damages, injuries, illnesses, or losses incurred due to the consumption, use, or possession of recalled products, regardless of whether such information was shared through the Services. You agree to indemnify and hold RecallTray harmless for any claims arising out of reliance on recall information provided through the Services. 15. 15. No Emergency or Health-Related Advisory Service The Services, including recall notifications, newsletters, or updates, are intended for informational purposes only and are not designed to serve as a substitute for professional advice, emergency alerts, or real-time health or safety advisories. RecallTray is not a healthcare provider, government agency, or emergency alert system. You expressly acknowledge that: (a) The Services are not intended to prevent, diagnose, or mitigate harm caused by recalled products; (b) RecallTray does not assume any responsibility for the timeliness or delivery of recall alerts or newsletters; and (c) You are solely responsible for monitoring official government recall sources (e.g., the FDA, USDA, or CPSC) and taking appropriate action based on your personal or professional judgment. In the event of a health or safety concern, you agree to contact the appropriate emergency services or consult with a licensed professional directly. 16. Limitation of Liability. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE U.S. FEDERAL AND STATE LAW, UNDER NO CIRCUMSTANCES WILL RecallTray BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SERVICES, YOUR USE OF THE SERVICES, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES AND/OR CONTENT IS TO CEASE ALL OF YOUR USE OF THE SERVICES. ​ You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you. ​ 17. Use of Information. RecallTray reserves the right, and you authorize us, to use and assign all information regarding use of the Services by you and all information provided by you in any manner consistent with our Privacy Policy and these Terms of Use. ​ 18. Legality. You are subject to all laws of the state(s) and countries in which you reside and from which you access the Services and are solely responsible for obeying those laws. You agree we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any Services, contests, sweepstakes or tournaments offered through the Services nor will any person affiliated, or claiming affiliation with the Services have authority to make any such representations or warranties. ​ 19. Applicable Law; Jurisdiction. You agree that the laws of the state of Illinois, without regard to conflicts of laws provisions, will govern this Agreement and any dispute that may arise between you and RecallTray or its affiliates in connection with this Agreement. Subject to the Binding Arbitration section below, you hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the federal and state courts in Chicago, Illinois for any litigation arising out of or relating to use of or purchase made through the Services (and agree not to commence any litigation relating thereto except in such courts). ​ 18. Binding Arbitration. Any controversy or claim arising out of or relating to this Agreement, including any threshold questions of arbitrability, will be determined by binding arbitration. The arbitration proceedings will be held and conducted by a single arbitrator in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (the “JAMS Rules”), as modified by this Agreement. Such arbitration will occur in Chicago, Illinois and be initiated by any party in accordance with the JAMS Rules. The demand for arbitration will be made by any party hereto within a reasonable time after the claim, dispute or other matter in question has arisen, and in any event will not be made after the date when institution of legal proceeding, based on such claim, dispute or other matter in question, would be barred by the applicable statute of limitations. Discovery issues will be decided by the arbitrator. Post hearing briefs will be permitted. The arbitrator will render a decision within twenty (20) days after the conclusion of the hearing(s). In reaching a decision, the arbitrator will have no authority to change, extend, modify or suspend any of the terms of this Agreement, or to grant an award or remedy any greater than that which would be available from a court under the statutory or common law theory asserted. The arbitrator will issue a written opinion that includes the factual and legal basis for any decision and award. The arbitrator will apply the substantive law (and the law of remedies, if applicable) of Illinois or federal law, or any of them, as applicable to the claim(s) asserted. Judgment on the award may be entered in any court of competent jurisdiction. The parties may seek, from a court of competent jurisdiction, provisional remedies or injunctive relief in support of their respective rights and remedies hereunder without waiving any right to arbitration. However, the merits of any action that involves such provisional remedies or injunctive relief, including, without limitation, the terms of any permanent injunction, will be determined by arbitration under this paragraph. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator will allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective parties) to the parties in the proportions that reflect their relative success on the merits (including the successful assertion of any defenses). You agree to pursue any arbitration in an individual capacity and not as class representative or class member in any purported class action proceeding. BY AGREEING TO ARBITRATE DISPUTES, THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THEY ARE IRREVOCABLY WAIVING ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIVITIES CONTEMPLATED HEREBY. ​ 19. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. ​ 20. Termination. RecallTray may terminate this Agreement at any time, with or without notice, for any reason. ​ 21. Contact Information. ​ HOW TO CONTACT US: For questions relating to this Agreement, we can be contacted at: [email protected].