PRENDIO TERMS OF SERVICE

Effective 9-1-2015

By using the Prendio.com website, services of Prendio LLC., you are agreeing to be bound by the following terms and conditions (Terms of Service).

Prendio reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at /termsofuse

Violation of any of the terms below will result in the termination of your Account. While Prendio prohibits such conduct and Content on the Service, you understand and agree that Prendio cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

You must be a human. Accounts registered by or other automated methods are not permitted.

You are responsible for maintaining the security of your account and password. Prendio cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have subsidiary accounts associated with your account).

You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Cancellation and Termination

You are solely responsible for properly canceling your account by emailing support@prendio.com

Prendio, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Prendio service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Prendio reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

Prendio reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

Prendio shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright, Content Ownership and Privacy

Prendio claims no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by adding your Suppliers and/or Catalog Items to the Prendio Catalog, you agree to allow others to view and share content without identifying details.

Prendio does not pre-screen Content, but Prendio and its designee(s) have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Prendio.

Prendio privacy policy explains how we treat your personal data and protect your privacy when you use the Service. By using the Service, you agree that Prendio can use such data in accordance with our privacy policies.

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

If you think somebody is violating our copyrights and want to notify us, please do so at: support@prendio.com

Account Modification

During the term of this Agreement, you may decide to update or modify the services provided to you. Changes in services may result in a change in fees charged. If you request an upgrade to your account, you will be billed on a pro-rata monthly basis for any additional amounts owed for the upgraded services. No refunds will be issued for a downgrade in user services. Any downgrade in services may result in an immediate loss of access to content or services associated with the services that are removed during any downgrade.

Account Termination

You may terminate your account with Prendio at any time by contacting us to request account termination. Refunds for fees paid will be determined on a monthly pro-rata basis. Any discounts provided will be recalculated based on actual term in use.

Suspension of Service

If any amount owing by you under this or any other agreement for our services is 60 or more days overdue, we may, without limiting our other rights and remedies, suspend your Prendio account until any dues are paid in full. We will provide you 30 (30) days prior notice sent to the administrative email account associated with your user account that your account is overdue before suspending services to you.

Taxes.

Unless required by law, our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use, VAT, withholding taxes or any other taxes assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, "Taxes"). You are responsible for paying all Taxes associated with your purchases hereunder.

General Conditions

By using the Service, you agree not to misuse the Service. For example, you must not, and must not attempt to do the following things:

  • Use the Service for any unlawful purposes or for promotion of illegal activities;
  • Post any Content on the Service in violation of any applicable law, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation;
  • Impersonate others through the Service or otherwise misrepresent your affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
  • Send unsolicited communications, promotions or advertisements, or spam;
  • Publish or link to malicious content intended to damage or disrupt another user's browser or computer or to compromise a user's privacy;
  • Access, tamper with, or use non-public areas of the Service, Prendio's computer systems, or the technical delivery systems of Prendio's providers;
  • Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  • Access or search the Services by any means other than our publicly supported interfaces;
  • Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information;
  • Interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service. International users agree to comply with all local laws regarding online conduct and acceptable content.
  • You must not transmit any worms or viruses or any code of a destructive nature.
Prendio's Warranties and Disclaimers

Prendio does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

You expressly understand and agree that Prendio shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Prendio has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

We provide the Service using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don't promise about the Service.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER PRENDIO NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICE. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICE, THE SPECIFIC FUNCTIONS OF THE SERVICE, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICE AS IS.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability for the Service

WHEN PERMITTED BY LAW, PRENDIO, AND PRENDIO'S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF PRENDIO, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICE AGAIN).

IN ALL CASES, PRENDIO, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

About These Terms

If you do not comply with these terms, and we don't take immediate action, this does not mean that Prendio forfeits any rights that we may have (such as taking action in the future).The failure of Prendio to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Prendio and govern your use of the Service, superseding any prior agreements between you and Prendio (including, but not limited to, any prior versions of the Terms of Service).

We may modify these terms or any additional terms that apply to the Service to, for example, reflect changes to the law or changes to the Service. You should look at the terms regularly. We'll post notice of modifications to these terms on this page. We may post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for the Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for the Service, you should discontinue your use of the Service.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between Prendio and you. They do not create any third party beneficiary rights.

If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of Massachusetts, U.S.A., excluding Massachusetts's conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Service will be litigated exclusively in the federal or state courts of Middlesex County, Massachusetts, USA, and you and Prendio consent to personal jurisdiction in those courts.

Questions about Prendio's Terms of Service should be sent to support@prendio.com

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