Effective: August 23, 2010
3. Disclaimer Regarding Links.
We are not responsible for the availability of any Other Site to which this Site links. We do not take responsibility for the contents, advertising, products, privacy policies or other material made available through any Other Site nor do we endorse Other Sites. Please direct your concerns to that Other Site’s webmaster or appropriate contact.
4. Intellectual Property Rights Ownership and Notification.
5. Use Restrictions.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content obtained from this Site, without proper authorization from PRIA.
6. Username and Password.
To access the PRIA.us member site and your PRIA store account you have been given a Username and a Password. You shall treat your Username and Password as private, confidential and personal and shall safeguard and maintain their confidentiality. You are entirely responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. Use by any other person or entity shall be considered theft. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You shall be liable for any consequences that may result from unauthorized disclosure of your Username and Password, whether intentional, negligent or inadvertent, including but not limited to immediate termination of your membership and liability for liquidated damages. This obligation to maintain confidentiality shall survive the termination of this Agreement.
7. Forums, Chat Areas, Blogs and/or Other Message or Communication Services.
PRIA.us may provide Forums, Chat Areas, Blogs, and/or Message or Communication Services, collectively known as “Communication Services,” which are designed to enable you to communicate with others.
You acknowledge that the Communication Services are for public and not private communications, and that you have no expectation of privacy with regard to any submission to a public forum. We cannot guarantee the security of any information you disclose through any of these Communication Services; you make such disclosures at your own risk.
You agree to use the Communication Services only to post, send and receive messages, and material that are proper and, when applicable, related to the particular Communication Service. You agree that when using the Communication Services you will not:
- Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same. You agree to pay for all royalties, fees, and other monies owning any person or entity by reason of any Content posted by you on or through the Communication Services.
- Use any material or information, including images or photographs, which are made available through the Communication Services in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party. You agree to pay for all royalties, fees, and other monies owed to any person or entity by reason of any Content posted by you on or through the Communication Services.
- Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or the property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages or they have been previously approved in writing by us.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including email addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Communication Service or other user or usage information or any portion thereof.
PRIA does not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input or submit for review by the general public, or by the members of any public or private community. However, by posting, uploading, inputting, providing or submitting your materials you are granting PRIA permission to use your materials in connection with the operation of our Internet business, including, without limitation, the license rights to: Copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your materials; and to publish your name and country of residence in connection with your materials.
No compensation will be paid with respect to the use of your materials, as provided herein. PRIA is under no obligation to post or use any materials you may provide and may remove any materials at any time in its sole discretion.
PRIA is not responsible for, and does not endorse the opinions, advice or recommendations posted or sent by users in any Communication Service and we specifically disclaim any and all liability in connection therewith.
You are and shall remain solely responsible for the Content that you distribute on or through any Communication Service under your name or otherwise by you and for the consequences of submitting and posting the same.
PRIA HAS NO OBLIGATION TO MONITOR THE COMMUNICATION SERVICES. HOWEVER, PRIA RESERVES THE RIGHT TO REVIEW MATERIALS POSTED TO THE COMMUNICATION SERVICES AND TO REMOVE, EDIT, MOVE OR CLOSE ANY TOPIC OR ANY MATERIALS IN ITS SOLE DISCRETION. PRIA RESERVES THE RIGHT TO TERMINATE YOUR ACCESS TO ANY OR ALL OF THE COMMUNICATION SERVICES AT ANY TIME, WITHOUT NOTICE, FOR ANY REASON WHATSOEVER.
PRIA cannot and does not assure that other users are or will be complying with this section or any other provisions of these Terms of Service, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
PRIA shall not be held responsible for any attempt that may lead to the Communication Service data being compromised.
8. Liability Disclaimer.
You use this Site at your own risk. Your use of the Content provided here is also used at your own risk. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR AFFILIATES, SUBSCRIBERS, MEMBERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CIRCUMSTANTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING, BUT NOT LIMITED TO, RELIANCE BY YOU ON ANY INFORMATION OR CONTENT OBTAINED THROUGH USE OF THIS SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, DELETIONS OR DELAYS IN TRANSMISSION OF SUCH INFORMATION OR CONTENT, INTERRUPTIONS IN TELECOMMUNICATION OR INTERNET CONNECTION TO THIS SITE, VIRUSES OR FAILURES OF PERFORMANCE, WHETHER CAUSED IN WHOLE OR PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATION OR INTERNET FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THIS SITE OR RELATED INFORMATION, RECORDS OR PROGRAMS.
9. Warranty Disclaimer.
You expressly understand and agree that this Site and the information and Content available through this Site are provided on an “as is” “as available” basis. PRIA does not warrant that this Site will be uninterrupted or error-free, and PRIA makes no warranty as to the accuracy, completeness, authenticity, or reliability of any information or Content available through the Site. PRIA expressly disclaims any and all warranties of any kind with respect to the Site and the information or Content available through the Site, including but not limited to any implied warranties of expectation of privacy, merchantability or fitness for a particular purpose. This Site and the information available through this Site are always subject to change.
Nothing on this Site is intended to be, or is to be construed, as legal advice. If you have legal questions please contact your legal counsel.
10. Changes to the Site.
PRIA may make changes or improvements to the Content, information, services, products or other materials on this Site at any time without notice.
12. Jurisdictional Issues.
We operate and control our Site from our offices in Morrisville, North Carolina in the United States of America. We do not represent that materials on this Site are appropriate for use in other locations. Persons who access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
THE PARTIES AGREE TO USE THE ALTERNATIVE DISPUTE RESOLUTION PROCEDURE SET FORTH HEREIN AS THE SOLE MEANS OF RESOLVING ANY DISPUTES ARISING OUT OF THIS AGREEMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER. THE PARTIES WILL ATTEMPT IN GOOD FAITH TO RESOLVE ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT PROMPTLY AND INITIALLY BETWEEN THE PARTIES BY NEGOTIATION. IF A DISPUTE IS NOT RESOLVED BY NEGOTIATION, THE PARTIES AGREE TO PARTICIPATE IN AT LEAST FOUR (4) HOURS OF MEDIATION IN ACCORDANCE WITH THE MEDIATION PROCEDURES ESTABLISHED BY THE MEDIATION SERVICES PROVIDER CHOSEN BY THE PARTIES IN WAKE COUNTY, NORTH CAROLINA. THE PARTIES AGREE THAT THEIR PARTICIPATION IN MEDIATION IS A CONDITION PRECEDENT TO ANY PARTY PURSUING ANY OTHER AVAILABLE REMEDY IN RELATION TO THE DISPUTE. ANY PARTY TO THE DISPUTE MAY GIVE WRITTEN NOTICE TO THE OTHER PARTIES OF THEIR DESIRE TO COMMENCE MEDIATION AND A MEDIATION SESSION MUST TAKE PLACE WITHIN THIRTY (30) DAYS AFTER THE DATE SUCH NOTICE IS GIVEN. THE PARTIES AGREE TO EQUALLY SHARE THE COST OF THE MEDIATION WHICH COSTS SHALL NOT INCLUDE COSTS INCURRED BY A PARTY FOR REPRESENTATION BY COUNSEL AT THE MEDIATION. IN THE EVENT THE DISPUTE IS NOT RESOLVED BY MEDIATION, THE PARTIES AGREE TO ARBITRATE THE DISPUTE IN ACCORDANCE WITH THE RULES, PROCESSES AND PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION OFFICE LOCATED IN WAKE COUNTY, NORTH CAROLINA. AND IF THERE IS NONE, SUCH OTHER MUTUALLY AGREEABLE ARBITRATION SERVICE LOCATED IN WAKE COUNTY, NORTH CAROLINA. ALL PARTIES SHALL SHARE THE COSTS OF THE ARBITRATION. IN THE EVENT A PARTY FAILS TO PROCEED WITH ARBITRATION, UNSUCCESSFULLY CHALLENGES THE ARBITRATOR’S AWARD OR FAILS TO COMPLY WITH THE ARBITRATOR’S AWARD THE OTHER PARTIES ARE ENTITLED TO COSTS OF SUIT, INCLUDING REASONABLE ATTORNEY’S FEES FOR HAVING TO COMPEL ARBITRATION OR DEFEND OR ENFORCE THE AWARD.
This Agreement shall be governed by and construed in accordance with the laws of the state of Delaware without regard to conflict of law principles, thereof, and be limited to the exclusive jurisdiction and venue of the state or federal courts located in Morrisville, North Carolina and shall benefit and be binding upon the parties hereto and their respective successors and assigns.
This is the entire Agreement between you and us governing your access to, dealings with, and use of this Site.
To download a copy of this policy in Adobe PDF click here.