LAST UPDATED: SEPTEMBER 18, 2018
You and PRENAV agree as follows:
1. ACCESS TO SITES.
1.1 — Account Registration.
Some parts of the Sites may require that you open and maintain an account. If any part of the Sites requires you to open an account, you must complete the registration process by providing current, complete, and accurate information as prompted by the applicable registration form. You may also be asked to choose a password and username. You are solely responsible for maintaining the confidentiality of your password, username, and other account information. You are also solely responsible for all activities that occur under your account and will be held liable for losses or damages incurred by PRENAV or another party due to someone else using your account or password. You agree to notify PRENAV right away if you discover any unauthorized use of your account or any other breach of security. PRENAV will not be liable for any loss or damages that you may incur as a result of someone else using your password or account.
1.2 — Use of the Sites.
1.3 — Restrictions.
As a condition to your access and use of the Sites and the limited license expressly granted to you in Section 1.2 above, you agree that you will not do or attempt to do any of the following:
Use the Sites in a way that could damage, disable, overburden, or otherwise impair the Sites or interfere with any other party’s use;
Make the Sites available to, or use the Sites for the benefit of, anyone other than yourself, or impersonate any other person;
Sell, resell, license, sublicense, distribute, rent, or lease any services or products provided through the Sites unless expressly permitted by a Services Agreement between you and PRENAV;
Attempt to gain access to the Sites by any means other than using your own username and password, including by circumventing or modifying, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Sites;
Except where permitted by law or relevant opensource licenses, reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for any underlying software or other intellectual property associated with the Sites, or to obtain any information from the Sites that we have not intentionally made available to you;
Use the Sites to post, store, or transmit any information that (a) is abusive, threatening, obscene, defamatory, libelous, infringing, or otherwise unlawful or tortious; (b) violates any thirdparty rights (including copyrights, trademarks, patents, trade secrets, rights of privacy, rights of publicity, or other rights of any person or entity); (c) is racially, sexually, religiously, or otherwise objectionable or offensive; or (d) contains links to any of the foregoing types of information;
Use the Sites to harass, abuse, or harm, or advocate or incite harassment towards, another person or group;
Upload or transmit unauthorized communications, data or software through the Sites, including junk mail, chain letters, spam, and any materials that promote, contain or link to any Trojan horse, malware, spyware, or malicious code;
Solicit commercial or personal information from any other user of the Sites;
Collect or post any other subscriber or user’s private information, including any commercial and personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Sites; or
Use the Sites if you are located in a country embargoed by the United States, or if you are on the United States Treasury Department’s list of Specially Designated Nationals.
1.4 — Reservation of Rights.
1.5 — Changes.
1.7 — Maintenance of the Sites.
PRENAV reserves the right to perform maintenance operations on the Sites, which may result in your temporary inability to access or use the Sites.
1.8 — Necessary Equipment and Software.
You must provide all equipment and software necessary to connect to the Sites, including a computer or mobile device that is suitable for connecting to and using the Sites. You are responsible for all fees, including internet connection or mobile fees, that you incur when connecting to and accessing the Sites. On occasion, PRENAV may require that you accept updates to the version of the Sites installed on your computer or mobile device. You may also need to update third party software from time to time in order to connect to and use the Sites.
1.9 — Your Representations and Warranties.
1.10 — Relationship Between the Parties.
1.11 — Communication Forums.
PRENAV may provide, or the Sites may include, various forums, blogs, chat rooms and other social media venues where you can post your observations, recommendations, proposals, enhancement requests, corrections, comments, ideas and other feedback about or relating to the Sites. By making postings to such venues you grant to PRENAV a perpetual and irrevocable, worldwide, fully paidup and royalty free, nonexclusive, unlimited license to the content of your postings. Also, PRENAV cannot guarantee that third parties with access to such venues will not copy, reproduce, publish, distribute, or otherwise use the content of your postings. Do not disclose any content or information in such venues that you do not want to be made public.
2. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNIFICATION.
2.1 — DISCLAIMER OF WARRANTIES.
ACCESS AND USE OF THE SITES IS AT YOUR SOLE RISK AND THE SITES AND ANY PRODUCTS OR SERVICES OFFERED AND SOLD IN CONNECTION WITH THE SITES, INCLUDING ALL RAW AND PROCESSED DATA AND OTHER OUTPUT PRODUCED BY OR THROUGH THE SITES, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT TO THE EXTENT THIS WARRANTY DISCLAIMER IS PROHIBITED UNDER ANY APPLICABLE LAW, IN WHICH CASE ANY LEGALLY REQUIRED WARRANTY PERIOD WILL BE THE SHORTER OF 30 DAYS FROM YOUR FIRST ACCESS AND USE OF THE SITES OR THE MINIMUM WARRANTY PERIOD REQUIRED BY APPLICABLE LAW).
WITHOUT LIMITING THE FOREGOING, NEITHER PRENAV NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD PARTY SERVICE PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “PRENAV PARTIES”) WARRANT THAT THE SITES WILL BE UNINTERRUPTED OR ERROR FREE.
2.2 — Limitation of Liability.
To the fullest extent permitted by applicable law, the limitation of liability contained in this Section 2.2 applies to all damages or injuries caused by or related to your access and use of, or inability to access and use, the Sites under any claim, demand, suit, proceeding, or other cause of action in any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence).
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL PRENAV PARTIES BE LIABLE TO YOU FOR MORE THAN THE TOTAL AMOUNT YOU HAVE PAID PRENAV IN THE 90 DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM, DEMAND, SUIT, PROCEEDING, OR OTHER CAUSE OF ACTION AGAINST PRENAV PARTIES. IF YOU HAVE NOT PAID PRENAV ANY AMOUNTS IN THE 90 DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH ACTION, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH PRENAV PARTIES IS TO DISCONTINUE USING THE SITES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, PRENAV PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF BUSINESS REVENUES OR PROFITS, GOODWILL OR DATA) ARISING OUT OF YOUR ACCESS AND USE OF, OR YOUR INABILITY TO ACCESS AND USE, THE SITES.
PRENAV PARTIES ARE NOT LIABLE FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER SUBSCRIBERS OR USERS OF THE SITES, OUR THIRD PARTY SERVICE PROVIDERS, OUR ADVERTISERS AND ANY OPERATORS OF EXTERNAL SITES.
NOTHING IN THIS LIMITATION OF LIABILITY SECTION WILL AFFECT YOUR STATUTORY RIGHTS OR EXCLUDE OR RESTRICT PRENAV FROM ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM NEGLIGENCE OR FRAUD.
2.3 — Indemnification.
3. GENERAL PROVISIONS.
3.1 — Local Laws; Export Controls.
PRENAV operates and manages the Sites from the United States and makes no representation that access and use of the Sites are appropriate or available for other countries. If you access and use the Sites from other countries, you are responsible for compliance with applicable local laws, including export and import regulations of such countries. Content may be subject to United States Export Administration Laws and Regulations and any diversion of such Content in violation of such laws and regulations is strictly prohibited.
3.2 — Assignment.
3.3 — Waivers.
3.4 — Modifications.
3.5 — Severability.
3.6 — Governing Law; Forum for Legal Disputes.
3.7 — Equitable Remedies.
3.8 — Force Majeure.
3.9 — Notices.
3.10 — Entire Agreement.