PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT
INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
Last Revised: 2021-10-25 15:05:09
1. OVERVIEW
This Terms of Service Agreement ("Agreement") is entered into by and between
Promethio, registered address 5146 Arbor Chase Drive, United States, North
Carolina ("Company") and you, and is made effective as of the date of your use
of this website http://promethio.org ("Site") or the date of electronic
acceptance.
This Agreement sets forth the general terms and conditions of your use of the
http://promethio.org as well as the products and/or services purchased or
accessed through this Site (the "Services").Whether you are simply browsing or
using this Site or purchase Services, your use of this Site and your electronic
acceptance of this Agreement signifies that you have read, understand,
acknowledge and agree to be bound by this Agreement our Privacy policy. The
terms "we", "us" or "our" shall refer to Company. The terms "you", "your",
"User" or "customer" shall refer to any individual or entity who accepts this
Agreement, uses our Site, has access or uses the Services. Nothing in this
Agreement shall be deemed to confer any third-party rights or benefits.
Company may, in its sole and absolute discretion, change or modify this
Agreement, and any policies or agreements which are incorporated herein, at any
time, and such changes or modifications shall be effective immediately upon
posting to this Site. Your use of this Site or the Services after such changes
or modifications have been made shall constitute your acceptance of this
Agreement as last revised.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AS LAST REVISED, DO NOT USE
(OR CONTINUE TO USE) THIS SITE OR THE SERVICES.
2. ELIGIBILITY
This Site and the Services are available only to Users who can form legally
binding contracts under applicable law. By using this Site or the Services, you
represent and warrant that you are (i) at least eighteen (18) years of age, (ii)
otherwise recognized as being able to form legally binding contracts under
applicable law, and (iii) are not a person barred from purchasing or receiving
the Services found under the laws of the United States or other applicable
jurisdiction.
If you are entering into this Agreement on behalf of a company or any corporate
entity, you represent and warrant that you have the legal authority to bind such
corporate entity to the terms and conditions contained in this Agreement, in
which case the terms "you", "your", "User" or "customer" shall refer to such
corporate entity. If, after your electronic acceptance of this Agreement,
Company finds that you do not have the legal authority to bind such corporate
entity, you will be personally responsible for the obligations contained in this
Agreement.
3. RULES OF USER CONDUCT
By using this Site You acknowledge and agree that:
Your use of this Site, including any content you submit, will comply with this
Agreement and all applicable local, state, national and international laws,
rules and regulations.
You will not use this Site in a manner that:
Is illegal, or promotes or encourages illegal activity;
Promotes, encourages or engages in child pornography or the exploitation of
children;
Promotes, encourages or engages in terrorism, violence against people, animals,
or property;
Promotes, encourages or engages in any spam or other unsolicited bulk email, or
computer or network hacking or cracking;
Infringes on the intellectual property rights of another User or any other
person or entity;
Violates the privacy or publicity rights of another User or any other person or
entity, or breaches any duty of confidentiality that you owe to another User or
any other person or entity;
Interferes with the operation of this Site;
Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency
Miners or other code, files or programs designed to, or capable of, using many
resources, disrupting, damaging, or limiting the functionality of any software
or hardware.
You will not:
copy or distribute in any medium any part of this Site, except where expressly
authorized by Company, copy or duplicate this Terms of Services agreement, which
was created with the help of the TermsHub.io and the Terms & Conditions
Generator, modify or alter any part of this Site or any of its related
technologies, access Companies Content (as defined below) or User Content
through any technology or means other than through this Site itself.
4. INTELLECTUAL PROPERTY
In addition to the general rules above, the provisions in this Section apply
specifically to your use of Companies Content posted to Site. Companies Content
on this Site, including without limitation the text, software, scripts, source
code, API, graphics, photos, sounds, music, videos and interactive features and
the trademarks, service marks and logos contained therein ("Companies Content"),
are owned by or licensed to Promethio in perpetuity, and are subject to
copyright, trademark, and/or patent protection.
Companies Content is provided to you "as is", "as available" and "with all
faults" for your information and personal, non-commercial use only and may not
be downloaded, copied, reproduced, distributed, transmitted, broadcast,
displayed, sold, licensed, or otherwise exploited for any purposes whatsoever
without the express prior written consent of Company. No right or license under
any copyright, trademark, patent, or other proprietary right or license is
granted by this Agreement.
5. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
You specifically acknowledge and agree that your use of this site shall be at
your own risk and that this site are provided "as is", "as available" and "with
all faults". company, its officers, directors, employees, agents, disclaim all
warranties, statutory, express or implied, including, but not limited to, any
implied warranties of title, merchantability, fitness for a particular purpose
and non-infringement. company, its officers, directors, employees, and agents
make no representations or warranties about (i) the accuracy, completeness, or
content of this site, (ii) the accuracy, completeness, or content of any sites
linked (through hyperlinks, banner advertising or otherwise) to this site,
and/or (iii) the services found at this site or any sites linked (through
hyperlinks, banner advertising or otherwise) to this site, and company assumes
no liability or responsibility for the same.
In addition, you specifically acknowledge and agree that no oral or written
information or advice provided by company, its officers, directors, employees,
or agents, and third-party service providers will (i) constitute legal or
financial advice or (ii) create a warranty of any kind with respect to this site
or the services found at this site, and users should not rely on any such
information or advice.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration
of this Agreement or your use of this Site or the Services found at this Site.
6. LIMITATION OF LIABILITY
In no event shall company, its officers, directors, employees, agents, and all
third party service providers, be liable to you or any other person or entity
for any direct, indirect, incidental, special, punitive, or consequential
damages whatsoever, including any damages that may result from (i) the accuracy,
completeness, or content of this site, (ii) the accuracy, completeness, or
content of any sites linked (through hyperlinks, banner advertising or
otherwise) to this site, (iii) the services found at this site or any sites
linked (through hyperlinks, banner advertising or otherwise) to this site, (iv)
personal injury or property damage of any nature whatsoever, (v) third-party
conduct of any nature whatsoever, (vi) any interruption or cessation of services
to or from this site or any sites linked (through hyperlinks, banner advertising
or otherwise) to this site, (vii) any viruses, worms, bugs, trojan horses, or
the like, which may be transmitted to or from this site or any sites linked
(through hyperlinks, banner advertising or otherwise) to this site, (viii) any
user content or content that is defamatory, harassing, abusive, harmful to
minors or any protected class, pornographic, "x-rated", obscene or otherwise
objectionable, and/or (ix) any loss or damage of any kind incurred as a result
of your use of this site or the services found at this site, whether based on
warranty, contract, tort, or any other legal or equitable theory, and whether or
not company is advised of the possibility of such damages.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action
arising out of or related to this Site or the Services found at this Site must
be commenced within one (1) year after the cause of action accrues, otherwise
such cause of action shall be permanently barred.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW, AND shall survive any termination or expiration of this
Agreement or your use of this Site or the Services found at this Site.
7. INDEMNITY
You agree to protect, defend, indemnify and hold harmless Company and its
officers, directors, employees, agents from and against any and all claims,
demands, costs, expenses, losses, liabilities and damages of every kind and
nature (including, without limitation, reasonable attorneys’ fees) imposed upon
or incurred by Company directly or indirectly arising from (i) your use of and
access to this Site; (ii) your violation of any provision of this Agreement or
the policies or agreements which are incorporated herein; and/or (iii) your
violation of any third-party right, including without limitation any
intellectual property or other proprietary right. The indemnification
obligations under this section shall survive any termination or expiration of
this Agreement or your use of this Site or the Services found at this Site.
8. DATA TRANSFER
If you are visiting this Site from a country other than the country in which our
servers are located, your communications with us may result in the transfer of
information across international boundaries. By visiting this Site and
communicating electronically with us, you consent to such transfers.
9. AVAILABILITY OF WEBSITE
Subject to the terms and conditions of this Agreement and our policies, we shall
use commercially reasonable efforts to attempt to provide this Site on 24/7
basis. You acknowledge and agree that from time to time this Site may be
inaccessible for any reason including, but not limited to, periodic maintenance,
repairs or replacements that we undertake from time to time, or other causes
beyond our control including, but not limited to, interruption or failure of
telecommunication or digital transmission links or other failures.
You acknowledge and agree that we have no control over the availability of this
Site on a continuous or uninterrupted basis, and that we assume no liability to
you or any other party with regard thereto.
10. DISCONTINUED SERVICES
Company reserves the right to cease offering or providing any of the Services at
any time, for any or no reason, and without prior notice. Although Company makes
great effort to maximize the lifespan of all its Services, there are times when
a Service we offer will be discontinued. If that is the case, that product or
service will no longer be supported by Company. In such case, Company will
either offer a comparable Service for you to migrate to or a refund. Company
will not be liable to you or any third party for any modification, suspension,
or discontinuance of any of the Services we may offer or facilitate access to.
11. NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or
benefits.
12. COMPLIANCE WITH LOCAL LAWS
Company makes no representation or warranty that the content available on this
Site are appropriate in every country or jurisdiction, and access to this Site
from countries or jurisdictions where its content is illegal is prohibited.
Users who choose to access this Site are responsible for compliance with all
local laws, rules and regulations.
13. GOVERNING LAW
This Agreement and any dispute or claim arising out of or in connection with it
or its subject matter or formation shall be governed by and construed in
accordance with the laws of United States, North Carolina, to the exclusion of
conflict of law rules.
14. DISPUTE RESOLUTION
Any controversy or claim arising out of or relating to these Terms of Services
will be settled by binding arbitration. Any such controversy or claim must be
arbitrated on an individual basis, and must not be consolidated in any
arbitration with any claim or controversy of any other party. The arbitration
must be conducted in United States, North Carolina, and judgment on the
arbitration award may be entered into any court having jurisdiction thereof.
15. TITLES AND HEADINGS
The titles and headings of this Agreement are for convenience and ease of
reference only and shall not be utilized in any way to construe or interpret the
agreement of the parties as otherwise set forth herein.
16. SEVERABILITY
Each covenant and agreement in this Agreement shall be construed for all
purposes to be a separate and independent covenant or agreement. If a court of
competent jurisdiction holds any provision (or portion of a provision) of this
Agreement to be illegal, invalid, or otherwise unenforceable, the remaining
provisions (or portions of provisions) of this Agreement shall not be affected
thereby and shall be found to be valid and enforceable to the fullest extent
permitted by law.
17. CONTACT INFORMATION
If you have any questions about this Agreement, please contact us by email or
regular mail at the following address:
Promethio
info@promethio.org