Effective date: June 1, 2018
What are the basics of using the Services?
You must be at least 16 years old to use our Services. We do not knowingly collect or solicit personal information from anyone under the age of 16. If you are under 16, please do not attempt to use the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at firstname.lastname@example.org.
You will comply with all applicable laws, rules and regulations in connection with your use of the Services. You will not violate or attempt to violate the security of the Services or Prior’s systems or network security, including, without limitation by (i) accessing data not intended for users of the Services or gaining unauthorized access to an account, server or any other computer system; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (iii) attempting to interfere with the function of the Services, host or network. You may not “crawl,” “scrape,” or “spider” any portion of the Services (through use of manual or automated means). You will not access the Services except for personal, non-commercial purposes.
What are my rights in the Services?
The Services, including all of its contents (including, text, images, audio, and the HTML used to generate the pages) (“Content”), are the property of Prior or that of our suppliers or licensors and are protected trademark, copyright, and/or other intellectual property laws. You may not download, copy, print, display, perform, reproduce, publish, modify, prepare derivative works from, license, transmit, or distribute any Content from the Services in whole or in part, for any public or commercial purpose without prior written consent from Prior.
Without limiting the foregoing, as between you and Prior, Prior is the owner and/or authorized user of any trademark, registered trademark, logo, and/or service mark appearing on the Services (the “Marks”). Nothing on the Services should be construed to grant any license or right to use any Prior Mark. You may not use or exploit any Marks without prior written consent from Prior.
What else do I need to know?
Warranty Disclaimer: THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE SITE AND ALL CONTENT AND FUNCTIONALITY THEREOF, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND PRIOR (ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS) HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED. NO ADVICE, RESULTS, INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability: TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL PRIOR, ITS AFFILIATES (INCLUDING AFFILIATED FUNDS) OR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS (THE “PRIOR PARTIES”), BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES, THE SITE OR THE CONTENT, EVEN IF ANY PRIOR PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TOTAL LIABILITY OF ANY PRIOR PARTY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR RELATED TO THE TERMS, THE CONTENT, AND/OR YOUR USE OF THE SERVICES, EXCEED, IN THE AGGREGATE, $100.00.
General Information: These Terms are governed by the laws of the State of New York, without regard to the conflicts of laws provisions thereof. In the event of any dispute arising in connection with these Terms, you hereby consent to exclusive jurisdiction and venue in the state and federal courts of New York County, New York. The failure of Prior to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You may not assign these Terms or transfer any of your rights or obligations hereunder without Prior’s express written consent. These Terms inure to the benefit of Prior’s successors, assigns and licensees. These Terms are the entire agreement between you and Prior with respect to the subject matter herein.