TERMS OF USE
AGREEMENT TO OUR LEGAL TERMS
We are USA Prime (“Company,” “we,” “us,” “our“), a company registered in __________, United States at 13th Street. 47 W 13th St, New York, NY 10011, USA, __________.
We operate https://usaprimes.com (this ‘Site’) and any other related products and services to which this Legal Notice (this ‘Legal Notice’) refers or links (together, ‘Services’).
USA Prime News is one of the nation’s leading media companies. Covering national and local news, sports, entertainment, finance, technology and more, USA Prime’s journalism is award-winning.
You can contact us by email at [email protected] or by mail to 13th Street. 47 W 13th St, New York, NY 10011, USA, __________, United States.
These Terms and Conditions are a binding legal contract between you, individually or as a business entity, and USA Prime for accessing and using the Services. By accessing the Services, you acknowledge that you have read, understand and agree with all of these legalese. YOUR USE OF THE SERVICE IS EXPRESSLY PROHIBITED AND YOUR USE OF THE SERVICE IS SUBJECT TO IMMEDIATE TERMINATION.
If we intend to make changes to the Services that you use, we will notify you in advance. The amended Terms shall take effect on the date of posting or notification on [email protected] as specified in the notice. You agree to be bound by the modified Terms if you continue to use the Services after the effective date of the modifications.
All users under age in their jurisdiction (generally under 18) must have parental consent and direct supervision to use the Service. If your child is underage, please ensure that he/she has read and agrees to these terms and conditions.
Please print these terms and conditions for your information.
OUR SERVICES
No information contained in the Site may be distributed to any person or entity in any jurisdiction or country in violation of any law or regulation, or to any person or entity in any jurisdiction or country to whom we are unregistered or unauthorized to do so. Therefore, anyone who chooses to access the Services outside of the United States does so at their own initiative and is solely responsible for compliance with local law, if and to the extent local law is enforced.
The Services have been designed to meet the requirements of the HIPAA and FISMA. You may not use the Service in violation of the Gramm-Leach-Bliley Act (GLBA).
INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
You acknowledge and agree that you have no right, title or interest in or to any Content, including, but not limited to, any software, audio, video, textual, photographic or graphic materials (collectively, “Content”), and any trade dress, copyright or other proprietary rights (collectively, “Rights”).
Our content and trademarks are protected by U.S. and international copyright, trademark (and various other intellectual property and unfair competition) law and treaty provisions.
The Content and Marks are made available on or through the Service, “as is”, solely for your personal, nonbusiness or internal business use.
Your use of our Services
We grant you a non-exclusive, non-transferable, revocable license, subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below:
- Access to the services; and
- Download or print one copy of one part of the Content.
- for personal, noncommercial or internal business use only.
You may not copy, reproduce, summarize, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license or otherwise exploit for any commercial purpose any part of the Services or any Content or Trademarks without our express prior written permission, except as set forth in this section or elsewhere in our Legal Terms.
If you have questions about anything not covered by this section or elsewhere in our terms and conditions, please contact us at [email protected]. You must credit us as the owner or licensor of the Services, Content, or Marks and ensure that all copyright and other proprietary notices appear or are visible in any posting, reproduction, or display of our Content, if we ever grant you permission to post, reproduce, or publicly display any portion of our Services or Content.
We reserve all rights in and to the Services, the Content and the Trademarks that are not expressly granted to you.
Any violation of these IPRs will constitute a material breach of our Terms and Conditions and will result in the immediate termination of your right to use the Services.
Your submissions and contributions
Please read this section and the Prohibited Activity section carefully before using the Service to understand your rights and obligations in posting or uploading content to or from the Service.
Submitting Content: You agree to assign to us all intellectual property rights in any question, comment, suggestion, idea, feedback or other information you submit directly to us through the Services (“Submissions”). You agree to allow us to freely use and distribute such submissions for any legitimate use, commercial or not, without credit or compensation to you.
Posting or Contributing: The Services may invite you to create, submit, post, display, transmit, publish, disseminate, or broadcast content and information to us or through the Services, including without limitation textual, written, video, audio, photographic, musical, graphic, critical, rating, personal information, or other information (“Submissions”). Anything posted publicly will also be treated as a submission.
You understand that other users of the Services and, potentially, third parties may be able to view your postings.
Your submission grants us permission to use your name, likeness, and logo: perpetual, irrevocable, irrevocable, perpetual, irrevocable, perpetual, royalty-free, fully paid, worldwide rights and license to Using, copying, reproducing, distributing, selling, reselling, publishing, broadcasting, re-titling, storing, publicly performing, publicly displaying, reformatting, translating, excerpting (in whole or in part), and exploiting your submissions (including but not limited to your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to create derivative works from or incorporate your submissions into other work, and to grant sublicenses of the licenses granted in this paragraph. You are free to use and redistribute this material.
This license includes your names, business names, and franchisor names, if any, and all your trademarks, service marks, tradenames, logos, and personal and commercial images.
You are responsible for your postings or uploads: By sending us postings and/or uploading postings through any part of the Services, or by providing access to postings through the Services by linking your account through the Services to any of your social networking accounts, you agree that you are responsible for the content of any postings, uploads, or postings that you send to us:
- Refrain from posting, sending, publishing, uploading or transmitting through the Services any Content that is illegal, harassing, hate-filled, harmful, libelous, defamatory, obscene, harassing, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, fraudulent or deceptive;
- waive all moral rights in such submissions and/or contributions to the extent permitted by applicable law;
- warrant that all such submissions and/or contributions are original to you, or that you have the necessary rights and licenses to submit such submissions and/or contributions, and that you have full power and authority to grant us the foregoing rights in your submissions and/or contributions; and
- You represent and warrant that your submissions and/or contributions do not contain any Confidential Information.
You expressly agree to indemnify us and hold us harmless from and against any damages resulting from any violation by you of (a) this paragraph, (b) any intellectual property right of any third party, or (c) any applicable laws.
We have the right to do any removal or editing of your content: We are not obligated to monitor posts, but we may remove or edit posts that we believe are harmful or violate these terms and conditions without notice. We may also suspend or disable your account and file a report with law enforcement.
Copyright infringement
We respect everyone’s proprietary rights. Please refer to the “COPYRIGHT INFRINGEMENT” section below if you believe that any material available on or through the Services infringes any copyright you own or control.
USER REPRESENTATIONS
In using the Services, you agree to the following (2) keep such registration details accurate and up to date, (3) have legal capacity and agree to abide by these Terms of Use; (4) not be underage in the jurisdiction in which they reside or, if underage, obtain their parent’s consent to use the Service.
We may suspend or terminate your account and refuse any and all current or future use of the Service.
USER REGISTRATION
Use of the Services may require registration. You must maintain the confidentiality of your account. If we determine, in our sole discretion, that a user name you select is inappropriate, obscene, or otherwise objectionable, we reserve the right to remove, reclaim, or change that user name.
PROHIBITED ACTIVITIES
Your access and use of the Service must be in accordance with our terms and conditions. unless we expressly endorse or approve it. As a user of the Services, you agree not to:
- Systematically collect data or other content from the Services for the purpose of creating or assembling, directly or indirectly, an anthology, compendium, database, or directory without our written permission.
- Tricking, deceiving, or misleading us or other users, particularly by attempting to learn sensitive account information such as user passwords.
- Bypassing, disabling, or interfering in any other way in the security features of the Service, including features that prevent or restrict the use or copying of any material, or that impose restrictions on the use of the Service and/or any material on the Service.
- Defame, denigrate, or otherwise harm us and/or the Services in our sole discretion.
- Harass, abuse, or harm another person using information obtained from the Services.
- Make false reports of abuse or misconduct or otherwise abuse our support services.
- Use the Service in any way that violates any applicable law or rule.
- Participate in any unlawful framing of or linking to the Services.
- uploading or transmitting (or attempting to upload or transmit) any virus, Trojan horse or other computer code, including excessive use of capital letters and spammers (continuous posting of repetitive texts), which interferes with the continuous use and enjoyment of the Service or which alters, damages, interrupts, changes or interferes with the use, characteristics, functioning, operation or maintenance of the Service.
- Use any automated means, including, without limitation, scripted commenting or messaging, data mining, robots, or similar data collection and extraction tools.
- Remove any copyright or other proprietary rights notices from any content.
- Attempting to pose as another user or person, or using another user’s screen name.
- Post or otherwise transfer (or attempt to post or otherwise transfer) any material that functions as a passive or active information collection or transfer mechanism, including but not limited to clear gifs, 1×1 pixel, webbug, cookie, or other similar device (sometimes referred to as “spyware” or “passive collection mechanism” or “pcms”).
- Interfering, disrupting or excessively burdening the Services or the networks or services connected to the Services.
- Harassing, annoying, intimidating or threatening any of our employees or agents involved in providing any portion of the Services to you.
- Attempting to circumvent provisions in the Service designed to prevent or restrict access to the Service or portions thereof.
- Copy or adapt the software of the Services, including without limitation Flash, PHP, HTML, JavaScript or other code.
- Decrypt, decompile, disassemble, or reverse engineer the software that constitutes or is incorporated into the Service, unless permitted by applicable law.
- Use, launch, develop or distribute any automated system, including, but not limited to, spiders, robots, cheat programs, scrapers or offline readers that access the Services, other than as may be the result of using a standard search engine or Internet browser, or use or launch any unauthorized script or other software.
- Make purchases on the Services through a purchasing agent or broker.
- Harvest user names and/or e-mail addresses, electronically or otherwise, for the purpose of sending unsolicited e-mail or creating user accounts by automated means or by impersonation.
- Use the Services in competition with us or otherwise use the Services and/or Content for a profit-making venture or commercial business.
- Use the Services for the purpose of advertising or soliciting the sale of any goods or services.
USER GENERATED CONTRIBUTIONS
The Services allow you to create, post, display, transmit, perform, publish, or broadcast content and information to us or on the Services, collectively, “Submissions”. Submissions may be visible to other users of the Services and through third party sites. Therefore, all submissions you make may be considered non-confidential and non-proprietary. You represent and warrant that if you create or provide any Contributions:
- Your Submissions will not and will not be created, distributed, transmitted, published, displayed, accessed, downloaded, or copied in any manner that would infringe or violate any proprietary right, including, without limitation, any copyright, trade mark, trade secret, or moral right of any third party.
- You are the author and owner of the Submissions, or have the necessary rights, permissions, consents, releases, and consents to allow us, the Service, and other users of the Service to use the Submissions in the ways contemplated by the Service and these Terms of Use.
- You have obtained the permission, authorization, and/or release of each person identified in the Submissions to use their names and images for the purposes of the inclusion and use of the Submissions as permitted by the Services and these Terms.
- You don’t post anything that is false, incorrect, or misleading.
- Your submissions are not unsolicited or unauthorized advertisements, promotions, pyramid schemes, chain letters, spam, mass mailings, or any other form.
- Your submissions are not obscene, lewd, lascivious, filthy, abusive, threatening, abusive, defamatory, or otherwise objectionable (as we may determine).
- Your posts do not mock, deride, belittle, threaten, or abuse anyone.
- Your submissions will not be used to harass or threaten others (as defined by law) or promote violence against any person or group of people.
- Your submissions are not in violation of any applicable laws, regulations or rules.
- Your submissions are not in violation of any third party’s rights of privacy or publicity.
- Are not in violation with any applicable laws regarding child pornography or other laws protecting children’s health or welfare.
- You will not post anything offensive regarding race, national origin, sex, sexual preference, or physical disability.
- Your Contributions do not otherwise violate any provision of these Legal Terms and Conditions or any applicable law or regulation, and do not link to any material that violates these Legal Terms and Conditions.
Any use of the Service that does not comply with the foregoing is a violation of these Terms and Conditions and may include, but is not limited to, cancellation or suspension of your rights to use the Service.
CONTRIBUTION LICENSE
If you post your Submissions to the Service, you automatically grant, and you represent and warrant that you have the right to grant, to us, a perpetual, unrestricted, irrevocable, non-exclusive, fully paid-up, worldwide, round-the-clock, non-exclusive, sublicensable, fully paid-up, royalty-free license to do so, to host, use, copy, reproduce, display, distribute, transmit, modify, create derivative works from, incorporate into other works, publicly perform, publicly display, publicly perform, publicly display, modify, translate, transfer, excerpt (in whole or in part) and distribute such Submissions (including, but not limited to, your image and voice) for any purpose, commercial, publicity or otherwise, and to grant and sublicense any and all rights, title and interest in and to such Submissions. Such use and dissemination can be in any media format and via any media channel.
This license applies to all forms, media, and technologies presently known or developed in the future, and includes our use of your names, company/franchise names, and personal and commercial images that you submit to us. You disclaim all moral rights in and to the Submissions, and you represent and warrant that no moral rights are claimed in or to the Submissions.
We do not claim to own any of the Content you submit. You shall retain full and complete ownership of all of your Submissions and of all intellectual property rights or other proprietary rights in connection with your Submissions. We have no liability for any statements or representations that you make in any part of the Service. You expressly agree to indemnify us and hold us harmless from and against any and all claims, demands, liabilities, costs and expenses, including attorneys’ fees, arising out of or in connection with any postings you make to the Service.
1) edit, censor, or otherwise modify all Postings, 2) reclassify all Postings for the purpose of better positioning them within the Service, and 3) pre-screen or delete all Postings, whenever and for whatever reason, without notice. We are not obligated to monitor or review any of your Submissions.
GUIDELINES FOR REVIEWS
We may provide areas of the Services for you to review or rate the Services. You must meet the following criteria when submitting a review: (1) your experience with the person/entity rated must be personal; (2) your ratings must not include offensive profanity or any offensive, racist, discriminatory or hateful language; (3) your ratings must not include discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; (4) your ratings must not include references to illegal activity; and (5) your ratings must not be affiliated with competitors; (5) associate yourself with a competitor when posting negative reviews, (6) make inferences about legitimacy, (7) post false/misleading information, and (8) encourage others to post reviews, both positive and negative.
In our sole discretion, we may accept, reject, or remove reviews. Even if someone finds a review offensive or inaccurate, we are under no obligation to review or remove it. We do not endorse posts and they do not necessarily represent our views or those of our subsidiaries or affiliates. We do not endorse or accept any responsibility for any Review or any claim, liability, or loss arising out of or related to any Review. By submitting an evaluation, you grant us an indefinite, exclusive, worldwide, royalty-free, fully paid, transferable, and sublicenseable right and license to reproduce, alter, transmit, display, and/or distribute all content related to the evaluation.
SOCIAL MEDIA
(1) providing your login information for the Third Party Account, or (2) allowing us to access your Third Party Account, in accordance with the applicable terms governing your use of each Third Party Account. You agree that you have the right to provide us with your login information for the Third Party Account, or to grant us access to your Third Party Account, without violating any of the terms and conditions governing your use of the applicable Third Party Account, and without requiring us to pay any fees or subjecting us to any restrictions on use imposed by the Third Party Account’s third party provider. This includes, but is not limited to, any lists of friends, and (where applicable) any other information submitted to or from your third party account.
You will be notified of this when you link your Account to the Third Party Account. Personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services, depending on the Third-Party Accounts that you choose and subject to the privacy settings that you set in such Third-Party Accounts. Please note that Social Network Content may no longer be available on and through the Services if a Third-Party Account or related service becomes unavailable or if our access to such Third-Party Account is terminated by the Third-Party Service Provider. You may choose at any time to stop linking your account on the Services to your Third Party Accounts. PLEASE NOTE THAT ONLY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS GOVERN YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS. The Company makes no effort to review, and assumes no responsibility for, any social network content, whether for accuracy, legality, or non-infringement. You acknowledge and agree that, solely for the purpose of identifying and notifying you of those contacts who have also registered to use the Services, we may access your email address book associated with a third party account and your contact list stored on your mobile device or tablet computer. You may opt out of having the Services linked to your third party account via the contact details below or via your account preferences, as applicable. With the exception of the username and profile picture associated with your account, we will attempt to delete any information stored on our servers that was obtained through such third-party account.
THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may receive through the Services) links to other sites (collectively, “Third Party Sites”) and articles, photos, text, graphics, images, designs, music, sounds, video, information, programs, software, and other content or items owned by or originating from a third party (collectively, “Third Party Content”). You acknowledge and agree that you have no responsibility for the content, accuracy, offensiveness, opinionatedness, reliability, privacy or other policies of, or contained in, such third party sites or third party materials, and that you shall indemnify and hold harmless us from and against any and all claims, demands, liabilities, damages, costs, expenses, claims of any kind or nature, including reasonable attorneys’ fees, arising out of or in connection with such third party sites or third party materials. Including, linking to, or permitting the use or installation of any Third Party Sites or Third Party Materials does not constitute or imply any endorsement of such Third Party Sites or Third Party Materials by you.
does not imply that we endorse or approve thereof. Your decision to leave the Services and access Third Party Sites or to use or install Third Party Materials is at your own risk and is subject to the terms and conditions of this Agreement. You should review the applicable terms and conditions, including privacy and information collection procedures, for any web site you access from the Service or for any software you use or install from the Service. Any purchase you make through a third party site is solely between you and that third party. You agree and acknowledge that there is no endorsement of the products or services offered on third party websites and you will indemnify us from all damages resulting from purchasing such products or services. You further agree to indemnify, defend and hold us harmless from and against any and all losses or damages you may incur or suffer as a result of or in any way related to any Third Party Content or any contact you make with any Third Party Websites.
ADVERTISERS
We allow advertisers to display their ads and other information in certain areas of the Service, including sidebars and banners. We have no other relationship with advertisers other than to provide space for such advertisements.
SERVICES MANAGEMENT
We reserve the right, but have no obligation, to do any of the following: (3) refuse, limit access to, restrict the availability of, or delete (where technically possible) all or part of a user’s postings; (b) delete or disable any file or content that is excessive or otherwise objectionable.
PRIVACY POLICY
Privacy and security are important to us. Please have a look at our privacy policy: https://usaprimes.com/privacy-policy. You agree to our Privacy Policy, which is incorporated into these Legal Terms, by using the Services. Note that the service is located in the USA. By using the Services, your information is transferred to the U.S. and your consent to the transfer and processing of your information in the U.S. is implied.
COPYRIGHT INFRINGEMENTS
We respect the Intellectual Property Rights of others. Please notify us immediately using the contact information provided below if you believe that any material available on or through the Services infringes any copyright that you own or control (a “Notification”). The person who posted or stored the material that is the subject of the Notification will receive a copy of your Notification. Please note that if you make material misrepresentations in a Notification, you may be liable for damages under applicable law. Therefore, you should consider contacting an attorney first if you are unsure whether material on or linked from the Services infringes your copyright.
TERM AND TERMINATION
During your use of the Services, these Legal Terms shall remain in full force and effect. THE COMPANY RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO REFUSE, TERMINATE, SUSPEND, OR TERMINATE YOUR ACCESS TO AND USE OF THE SERVICE (INCLUDING BLOCKING SPECIFIC IP ADDRESSES), WITH OR WITHOUT NOTICE. YOU MAY BE TERMINATED FROM USE OF OR PARTICIPATION IN THE SERVICES, OR DELETED.
WE MAY TERMINATE OR SUSPEND YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU HAVE POSTED AT ANYTIME, WITHOUT NOTICE, AS WE DEEM APPROPRIATE.
If we terminate or suspend your account for any reason, you will not be permitted to register or create new accounts under your own names, false or borrowed names, or names of third parties, even if you act in their behalf. We reserve our right to terminate or suspend your account and to seek appropriate legal action, which may include, but is not limited to, civil, criminal, and injunctive relief.
MODIFICATIONS AND INTERRUPTIONS
We reserve all rights to modify, alter, or remove content whenever and wherever we see fit and without notice. The information on our site is provided “as is” without any warranty of any kind. We have no liability to you or to third parties if we modify, alter, suspend or discontinue the Service.
We cannot guarantee constant availability of the Services. We may experience problems or require maintenance that may interrupt, delay or cause failure of the Service. We may make changes, revisions, updates, suspensions, discontinuations or other modifications to this site without notice to you. You agree that you will not be liable to us if you are unable to access or use the Service during a suspension or discontinuance of the Service. Nothing in these Legal Terms shall be construed as an obligation on our part to provide maintenance, support, or corrections, updates, or releases in connection with the Services.
DISPUTE RESOLUTION
The parties hereby consent to and hereby submit to the exclusive jurisdiction and venue of the state and federal courts located in Florida. This agreement is governed by the laws of the State of California, United States of America.
CORRECTIONS
The Services may include information which is incorrect, inaccurate and incomplete, including descriptive information, prices, availability and various other information. We reserve the right to correct any error, inaccuracy, or omission and to change or update the information on the Service.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR OWN RISK. THE SERVICE AND YOUR USE OF THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND TITLE. THE SERVICE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SERVICE IS NOT WARRANTED TO BE ACCURATE OR COMPLETE, OR TO BE THE CONTENT OF ANY WEBSITE OR MOBILE APPLICATION LINKED TO THE SERVICE, AND THE COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY (1) ERRORS, OMISSIONS, OR INACCURACIES IN CONTENT OR MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL AND/OR FINANCIAL INFORMATION CONTAINED THEREIN, (4) ANY DISRUPTION OR TERMINATION OF TRANSMISSIONS TO OR FROM THE SERVICE, (5) ANY BUG, VIRUS, TROJAN, OR THE LIKE THAT IS TRANSMITTED TO OR THROUGH THE SERVICE, (6) ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SERVICE, (7) ANY DAMAGES TO OR VIRUSES THAT MIGHT BE TRANSMITTED TO OR FROM THE SERVICE, OR (8) ANY CLAIMS BY ANY PARTY THAT THE SERVICE HAS BEEN OR IS BEING USED IN VIOLATION OF ANY APPLICABLE LAW.
YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OF THE SERVICE OR FOR THE CONTENT, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE FROM THE SERVICE. THE COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR ASSURANCES ABOUT, AND IS NOT RESPONSIBLE FOR, ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY THIRD PARTIES THROUGH THE SERVICE, ANY SITES TO WHICH THE SERVICE IS LINKED, OR ANY SITES OR MOBILE APPS THAT MAY APPEAR IN BANNERS OR OTHER ADVERTISEMENTS, AND THE COMPANY IS NOT A PARTY TO OR RESPONSIBLE FOR MONITORING ANY TRANSACTIONS BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION AS YOU WOULD WHEN PURCHASING ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT.
LIMITATIONS OF LIABILITY
YOU AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, COSTS, AND EXPENSES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOST SAVINGS, LOST REVENUES, AND LOST DATA, ARISING OUT OF OR RELATED TO THE USE OF THE SITE. IN NO EVENT SHALL OUR LIABILITY TO YOU UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, BE LIMITED TO A MAXIMUM OF CERTAIN U.S. STATE AND INTERNATIONAL LAWS PROHIBIT LIMITING IMPLIED WARRANTIES OR EXCLUDING OR LIMITING CERTAIN DAMAGES. IN SUCH JURISDICTIONS, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT BE APPLICABLE TO YOUR SITUATION AND YOUR RIGHTS MAY BE ADDITIONAL.
INDEMNIFICATION
You agree to indemnify, defend, and hold We, and each of We’s subsidiaries and affiliates, and each of We’s respective directors, officers, and employees, harmless from and against any and all losses, damages, liabilities, claims, or demands, including reasonable attorney’s fees, made by any (Violation of the Terms of Use, including, without limitation, intellectual property laws, or openly harmful conduct toward other users of the Service. We retain exclusive control of our own defense and indemnification of any matter subject to indemnification by you. We will use reasonable efforts to notify you as soon as we become aware that such claims, suits or proceedings are subject to this indemnity.
USER DATA
We will retain certain information that you submit to us to manage our performance and your usage. You are responsible for all data you transmit to us or in connection with your use of the Service. The User shall not be liable to us for any loss of such information, and the User hereby waives any claim against us for such loss.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Your visit, e-mail, and online form submissions are electronic messages. You consent to receive electronic communications, and you agree that all agreements, communications, notifications and other communications that we provide to you electronically, by e-mail and on the Service, comply with any legal requirement that such communications be in writing. WE DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE THAT MAY BE INCURRED AS A RESULT OF YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY LOSS OF PROFITS, REVENUE, DATA, OR USE OF THE SERVICE, AND WE DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE THAT MAY BE INCURRED AS A RESULT OF YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY LOSS OF PROFITS, REVENUE, OR DATA. In addition, we hereby waive all rights and remedies available to us under applicable law, including, without limitation, all rights and remedies available to us for breach of our obligations under this Agreement.
CALIFORNIA USERS AND RESIDENTS
If you are not satisfied with the resolution of your complaint with us, you may contact the Consumer Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
These Legal Terms constitute the entire agreement and understanding between you and us, together with any policies or operating rules we may post on or relating to the Services. If we fail to exercise or enforce any right or provision of this agreement, that right or provision shall never be waived. These terms and conditions apply to the full extent permitted by law. At any time, we may assign or transfer any or all of our rights and obligations under these Legal Terms. We are in no way responsible or liable for losses, damages, delays or omissions resulting from causes outside our reasonable control. If any term or part of a term of this Agreement shall become illegal, invalid or unenforceable, then that term or part of that term shall cease to exist and shall not affect the validity and enforceability of any remaining terms. These Legal Terms and Conditions, or use of the Services, does not create a joint venture, partnership, employment, or agency relationship between you and us. You agree that these terms will not be interpreted against us based on our making these terms. The user waives any objection to the electronic form of this agreement and the lack of signatures by the parties to this agreement.
CONTACT US
If you have a complaint about the Service, or if you would like more information about using the Service, please contact
USA Prime
13th Street. 47 W 13th St, New York, NY 10011, USA
__________
United States
