First, important Information: This website (including any associated mobile applications and features) is controlled by Primenestnews, Inc. These Terms of Use apply to all users accessing or using this website, including contributors of content, information, or services. This agreement requires arbitration to resolve disputes rather than court or jury trials and limits the remedies available in the event of a dispute.
- Introduction. (A) Governing Terms. These Terms of Use, along with any additional terms and conditions applicable to certain aspects of your use of the Privacy Center, our services, or services of our affiliated companies (collectively referred to as “Additional Terms”), and the Privacy Policy, constitute the terms and conditions applicable to your use of the Privacy Center. Unless otherwise expressly stated, the Additional Terms supplement and are incorporated into these Terms of Use and constitute part of these Terms of Use. By using the Privacy Center, you agree to comply with all terms and conditions of this agreement. If you do not agree to the Terms of Use, you should not access or use the Privacy Center. (B) Changes to Terms of Use. We may modify the Terms of Use at any time, and such modifications, additions, or deletions will be effective immediately upon posting. Your continued use of the Privacy Center after posting such information should be considered your acceptance of such modifications, additions, or deletions. Additionally, the “Last Updated” date at the bottom of the Terms of Use will be modified accordingly. Prior to your further use of the website, applications, and/or services, the Company may request that you agree to the updated agreement in a specified manner. If you do not agree to any changes after receiving notice, you must cease using the website, applications, and/or services. If you continue to use the website and/or services after receiving such notice, you are deemed to have accepted these changes. To stay informed of any updates, please check the website regularly for the then-current terms. (C) Changes to Privacy Center. We may change or terminate certain aspects or features of the Privacy Center at any time, including but not limited to content and availability. (D) Verification. Whenever you provide information to us through the Privacy Center, you agree to: (a) provide true, accurate, current, and complete information, and (b) maintain and promptly update such information to keep it true, accurate, current, and complete. If you provide any information, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may take corrective action. The security of your personally identifiable information is important to us. While there is no “perfect security” on the internet, we will take reasonable steps to help ensure the security of your personally identifiable information. However, you understand and agree that such steps cannot guarantee that the use of the Privacy Center will not be affected by all security vulnerabilities, and we do not guarantee that the use of the Privacy Center will not be affected by viruses, security threats, or other vulnerabilities. (E) Partial Limitations. This agreement restricts certain rights granted to you. For example, you may not license, sell, rent, lease, lend, transfer, assign, copy, distribute, host, or otherwise commercially exploit any portion of Company property, including this website. You also may not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, or reverse engineer any portion of Company property unless expressly permitted by applicable law. Additionally, you may not use any manual or automatic software, devices, or other processes to scrape or download data from any web page contained on this website, except public search engines may use spiders to copy materials from this website for the sole purpose of creating publicly searchable indexes of such materials. You may not access Company property to build similar or competitive websites, applications, or services, nor may you reproduce, duplicate, distribute, republish, download, display, post, or transmit any portion of Company property in any form or by any means unless expressly permitted by this agreement.
- Accounts and Notifications (A) Account Information. You may need an account to use certain services. You must ensure that your account information (i.e., the information you provide when registering or subscribing to services) remains current, complete, accurate, and truthful. You may not share your account or password with anyone, and you agree to immediately notify the company of any unauthorized use of your password or any other security breach. If any information you provide is untrue, inaccurate, not current, or incomplete, and the company has reasonable grounds to suspect that any information you provide is untrue or inaccurate, the company reserves the right to suspend or terminate your account and refuse current or future use of any company property. (B) Account Access. You are responsible for all activities that occur on your account, and you agree to monitor your account to restrict the use by minors and to be fully responsible for any unauthorized use of company property by minors. To protect your account, keep your password confidential. Do not reuse your account password in other services. Without prejudicing your statutory rights, if you forget your password and are unable to verify your account with Primenestnews, you acknowledge and agree that you may be unable to access your account, and all data associated with that account may be irretrievable. (C) Notifications. Primenestnews may provide notifications through, but not limited to, email, regular mail, text or SMS messages, multimedia messaging, push notifications or in-app messages, posts on the service, telephone, or other reasonable means now known or developed in the future. You agree to receive these notifications through any and all of the above methods. If you violate these terms by accessing the service in an unauthorized manner, you may not receive notifications, and you will be deemed to have received any and all notifications that should have been sent when accessing the service in an authorized manner.
- Copyright or Other Intellectual Property Infringement
(A) Content Type. You understand that all content (including company property) is solely the responsibility of the party creating such content. This means that you (and not the company) are entirely responsible for all content that you contribute, upload, submit, post, email, transmit, or otherwise provide (“Your Content”) through company property. Similarly, you and other users of company property are responsible for all user content that you and they provide through company property. Our privacy policy sets forth our practices regarding privacy and security concerning user content and is hereby incorporated by reference. There is no obligation to pre-screen content. While the company reserves the right to pre-screen, refuse, or delete any user content (including Your Content), you acknowledge that the company has no obligation to do so. Your agreement to this agreement signifies your acceptance of such monitoring. You acknowledge and agree that the transmission of Your Content (including chat, text, or voice communications) is not expected to be private. If the company pre-screens, refuses, or deletes any content, it does so in its own interest, not yours. The company reserves the right to remove any content that violates this agreement or is otherwise objectionable. Unless otherwise agreed in writing by the company, it has no obligation to store any content you provide on company property. The company is not responsible for the deletion or failure to store any content (including Your Content), the accuracy of any content, the storage, transmission, or reception of content transmissions, or the security, privacy, storage, or transmission of other communications involving the use of company property. Some services may allow you to limit access to Your Content. You are solely responsible for setting appropriate levels of access to Your Content. If you do not make a selection, the system may default to its most permissive setting. The company may set reasonable limits on the use and storage of its content (including Your Content), such as file size, storage space, processing capacity limits, and other limits stated on the website or otherwise determined by the company.
(B) Ownership.
We respect the intellectual property of others, and we hope our users do the same. Where appropriate, we may, at our discretion, disable, terminate, and/or take other appropriate measures associated with the user accounts of potential infringers. If you believe your copyright or intellectual property rights have been infringed, please contact us promptly to take action.
(C) Prohibited User Conduct.
You agree not to engage in any activities that violate any applicable laws or regulations, interfere with the use or enjoyment of company property by any other user, or harm the company or its affiliates, directors, officers, employees, agents, or representatives. Without limiting the foregoing, you agree not to: engage in any harassing, threatening, intimidating, predatory, or stalking behavior; post, transmit, or share any defamatory, obscene, pornographic, indecent, abusive, offensive, discriminatory, or infringing or violating any third-party intellectual property or other proprietary rights user content or other materials; use company property to promote or engage in any illegal activities, including but not limited to the sale of illegal drugs or other illegal products or services; impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity; use any robot, spider, or other automated means to access company property or any content or data provided through company property for any purpose; create, post, distribute, or transmit any software or other material that contains viruses, Trojan horses, worms, time bombs, or other harmful or destructive components; attempt to interfere with, compromise the integrity or security of, or decipher any transmissions between servers running company property; obtain or collect any information from company property, including but not limited to usernames, email addresses, or other contact information, without the prior consent of the information owner; use company property for any commercial purpose without the prior express written consent of the company, including but not limited to advertising or soliciting anyone to buy or sell any products or services or make any donations in any form; modify, adapt, sell, decompile, or reverse engineer any part of company property, or attempt to obtain any source code or underlying ideas or algorithms of any part of company property in any way; delete or modify any copyright, trademark, or other proprietary notices appearing on any part of company property or printed or copied from any materials on company property; use any device, software, or routine to interfere with the proper functioning of company property or otherwise interfere with the use and enjoyment of company property by other users; or take any action that imposes an unreasonable or disproportionately large load on the company’s infrastructure or otherwise disrupts the normal operation of company property.
- Disclaimer.
You expressly agree to assume the risks associated with the use of the Privacy Center. We, any present or future parent companies, subsidiaries, or affiliated entities (collectively referred to as the “Affiliated Entities”), as well as our or their respective employees, agents, third-party content providers, or licensors, do not guarantee that the Privacy Center will be uninterrupted or error-free; nor do they make any warranties regarding the accuracy, reliability, or content of any information, services, or merchandise obtained through the use of the Privacy Center.
The Privacy Center, including but not limited to any downloadable software, is provided “as is” without any type of express or implied warranties, including but not limited to warranties of ownership or fitness for a particular purpose, except for warranties implied by law that cannot be excluded, limited, or modified with respect to these Terms of Use.
- Limitation of Liability and Claims Period.
To the maximum extent permitted by applicable law, in no event shall we or the Affiliated Entities be liable for any bodily injury, property damage, loss of profits, cost of substitute goods or services, data loss, loss of goodwill, business interruption, computer and/or device or technology failure or malfunction, or any form of direct, indirect, special, incidental, consequential, punitive, or exemplary damages, whether based on breach of contract, tort (including negligence), or any other legal theory, arising out of or in any way connected with the use of this website or any alleged performance failure, errors, omissions, interruptions, deletions, defects, or delays in operation or transmission of the website’s services, or any suspected computer virus, communication line failure, theft, or destruction of property, and/or unauthorized access, alteration, or use or posting of any records, content, or technology related to or on the Privacy Center. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Privacy Center or these Terms of Use must be filed within one (1) year after the occurrence of the event giving rise to such claim or cause of action or be forever barred. In the event that arbitration is initiated within the one-year period before a court of competent jurisdiction, the dispute is deemed initiated; if the dispute is not subject to arbitration, it shall be brought before a court of competent jurisdiction. The one-year period begins upon receipt of notice of dispute if either you or we provide notice of the dispute, with a 60-day grace period following receipt of the dispute notice. You and we both waive any right to pursue claims or disputes on a class-wide basis, and any right to have such claims or disputes heard in any forum will be permanently waived.
- Feedback
You agree that we may use any recommendations, ideas, suggestions, proposals, feedback, or other input (“Feedback”) you provide to us regarding our products, services, website, applications, or technology, without any notice, obligation, restriction on you, compensation, or attribution, and you waive (or agree not to enforce) any and all rights (including moral rights and equivalent rights) that may exist in your Feedback, whether now or in the future.
- Third-Party Services
Third-Party Properties and Promotions. The Company’s properties may contain links to third-party websites and applications (“Third-Party Properties”) or display promotions or advertisements for third parties, such as promotions or advertisements for products and services provided by third parties (“Third-Party Promotions”). We do not provide, own, or control any products or services you may access through Third-Party Promotions. When you click on links to Third-Party Properties or Third-Party Promotions, we may not alert you that you have left the Company’s properties and are subject to the terms and conditions (including privacy policies) of other websites or destinations. Such Third-Party Properties and Third-Party Promotions are not under the control of the Company. The Company is not responsible for any Third-Party Properties or Third-Party Promotions, including the accuracy, timeliness, or completeness of such content. The Company provides these Third-Party Properties and Third-Party Promotions solely for convenience and does not review, approve, monitor, endorse, warrant, or make any representations regarding the Third-Party Properties or Third-Party Promotions or any products or services offered in connection with them. Your use of all links in Third-Party Properties and Third-Party Promotions is at your own risk. This Agreement and Company policies will no longer govern your activities on Third-Party Properties once you leave the Company’s properties. You should review the applicable terms and policies, including privacy and data collection practices, of any Third-Party Properties or Third-Party Promotions provider and conduct any investigations you deem necessary or appropriate before engaging in any transactions with any third party.
- Dispute Resolution
Our customer service department can promptly resolve most customer issues and ensure customer satisfaction. Please email us at [email protected] to contact our customer support. If you are dissatisfied with the resolution provided by customer service (or if we are unable to resolve the dispute between you and us after attempting informal resolution), both parties agree to resolve such disputes through binding arbitration or small claims court, rather than in general jurisdiction courts.
Arbitration is more informal than litigation in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for limited discovery compared to what is available in court, and is subject to very limited review by courts. Unless expressly limited by the terms of this dispute resolution provision, arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitration and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, we will pay all arbitration fees. Additionally, in arbitration, you have the right to recover attorneys’ fees from us to the same extent as you would in court.
Furthermore, in certain cases as outlined below, we will pay you more than the arbitrator’s award amount, and if the amount awarded to you by the arbitrator is greater than the following amount, we will pay your attorneys (if any) twice the reasonable attorneys’ fees incurred in resolving the dispute with us.
(A) Acceptance of Arbitration Claims: You and we agree to arbitrate all disputes and claims between us, except for claims arising from personal injury or related to the validity of the enforcement, protection of your or our intellectual property (or intellectual property rights of any licensor, affiliate, or partner of ours). This arbitration agreement is intended to be broadly interpreted. It includes but is not limited to:
- Claims arising from or related to any aspect of our relationship, whether based on contract, tort, fraud, misrepresentation, or any other statutory or common law legal theory;
- Claims arising before the effective date of this Agreement or any prior agreement (including but not limited to claims related to advertising;
- Claims for non-physical injuries, such as mental or emotional distress or harm;
- Claims currently pending that would be subject to class action lawsuits, where you are not a certified member of the class;
- Claims that may arise after termination of this Agreement.
References to “we,” “our,” and “us” (unless the context requires otherwise) include our respective subsidiaries, affiliates, agents, employees, licensors, licensees, and content providers, as well as our respective past successors, heirs, and assigns, and all authorized or unauthorized users or beneficiaries of the service provided under this Agreement. However, either party may bring an action in small claims court seeking individual relief, provided that the action remains in that court and has not been removed or appealed to a court of general jurisdiction. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies if the law allows. Such agencies can, if the law allows, seek relief on your behalf. By signing this Agreement, you and we both waive the right to trial by jury or to participate in class actions. This Agreement evidences a transaction in interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive termination of this Agreement.
(B) Pre-Arbitration Dispute Notice: The party intending to seek arbitration must first send a written dispute notice (“Notice”) to the other party. Notices to us should be sent by email to: [email protected]. The Notice must (a) describe the nature and basis of the claim or dispute; (b) set forth the specific relief sought (“Demand”).
If we and you do not reach an agreement on resolving the claim within 30 days after receipt of the Notice, you or we may initiate arbitration. During arbitration, no settlement offers made by you or us regarding the amount of damages (if any) to which you or we are entitled shall be disclosed to the arbitrator until the arbitrator determines the amount (if any) to which you or we are entitled.
(C) Individual Arbitration Claims: Any dispute, claim, or request for relief within the scope of this arbitration agreement must be resolved through individual arbitration and not as part of any collective or class action. Only individual remedies are available, and multiple claims from multiple customers or users may not be combined or arbitrated together. All other disputes, claims, or requests for relief will be resolved through arbitration. 30-Day Opt-Out Right. You may choose to opt out of the terms of this arbitration agreement by submitting written notice of your decision to [email protected] within 30 days after being first bound by this arbitration agreement. Your notice must include your name, address, company username (if applicable), email address to receive company emails, or the email address used to create the account (if you have one), and a clear statement that you wish to opt out of the arbitration agreement. If you choose to opt out of this arbitration agreement, all other terms of this Agreement will continue to apply to you. Opting out of this arbitration agreement will not affect any other arbitration agreements you have entered into with us, whether currently or in the future.
(D) Future Changes to Arbitration Terms: Notwithstanding any contrary provision in this Agreement, we agree that if we make any future changes to the terms of this arbitration provision during your service commitment period (other than changes to the notice address), you may reject any such changes by sending written notice to the arbitration notice address provided above within 30 days after the changes. Rejecting any future changes means that you agree to arbitrate any disputes between us according to the language of this provision.
- Severability
If any provision of this Agreement is found to be unlawful, invalid, or unenforceable for any reason, that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This provision constitutes the entire agreement between the parties concerning the matters contained herein.
- Last Updated
The latest update date for these Terms of Use is February 9, 2023.