Terms of service

Last Modified: April 11, 2019

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Prevailion, Inc. (”Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of prevailion.com, including any content, functionality, and services offered on or through prevailion.com (the “Website”).

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference.If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

 Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. 

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website 

We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.

  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (Site Content) are owned, operated, licensed or controlled by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use grant you a limited, revocable, nonsublicensable right to view the Site Content solely for your internal use of the Website. Site Content such as white papers or blog posts may be used under limited circumstances in strict accordance with our policies and copyright protections. You must not access or use for any commercial purposes any part of the Website or any Site Content available through the Website.  If you wish to make any use of any Site Content other than as set out in this section, please address your request to: legal@prevailion.com

Trademarks

The trademarks, logos, product and service names, designs, and slogans displayed on our Website are the property of the Company or other third parties. You must not use such marks without the prior written permission of the Company or the third party that owns such property.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use and not in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 

You further agree not to use the Website to:

  • Display, send, receive, or store obscene or inappropriate content.

  • Threaten, harass, stalk, defame, or defraud any person or entity.

  • Violate copyright, trademark, or other intellectual property laws.

  • Advertise, promote, endorse, or market, directly or indirectly, any third party commercial products, services, solutions, or other technologies.

  • Attempt to collect, store, or publish personally identifiable information (a) without the owner’s knowledge and consent or (b) of a minor under the age of thirteen (13) in any circumstance.

  • Distribute unwanted, unsolicited, or harassing mass email or other messages, promotions, advertising, or solicitations (“spam”).

  • Send deceptive or false source-identifying information, including “spoofing” or “phishing.”

  • Access or use any application, system, service, tool, data, account, network, or content without authorization or for unintended purposes.

  • Disable, disrupt, circumvent, interfere with, or otherwise violate the security of the Site.

  • Attack, abuse, interfere with, intercept, disrupt, or exploit any users, systems, or services, regardless of how accomplished and notwithstanding anything to the contrary in these Terms of Use, including but not limited to Denial of Service (DoS), monitoring, crawling, spamming, using bots or scripts, or distributing malware (such as viruses, Trojan horses, worms, spyware, or adware).

  • Engage in or promote any illegal or criminal activity such as child pornography, gambling, or piracy.

  • Authorize, permit, enable, induce, or encourage any third party to do any of the above.

If you violate these Terms of Use, your access to the Website may be terminated immediately and without notice.  

User Contributions

The Website may contain interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the standards set out in these Terms of Use. Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

  •  All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

If any portion of the Website requires you to open an account or create a user profile, the information you provide must be truthful and accurate. User accounts, profiles, usernames, and passwords are associated with one individual only and you agree that you will never allow access by another person or entity at any time and to never access the account, profile, username, or password of another person or entity at any time. You must notify Company immediately of any unauthorized use of your account or of any other breach in security that you are aware of.

We may, in our sole discretion, (i) reject or remove anything you post, (ii) restrict, suspend, or terminate your access to any or all of the Website, or (iii) cease to provide and maintain the Website, at any time, for any or no reason, with or without prior notice, and without liability. Upon doing so, we may retain or delete any information or content that you provided as well as take such appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website.

Copyright Infringement

If you believe that your copyright or other rights have been infringed, please provide our designated agent at the address below a written notice with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest

  • A description of the copyrighted work or other work that you claim has been infringed

  • A description of where the material that you claim is infringing is located on our sites, networks or other repositories

  • Your address, telephone number, and email address

  • A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

Our designated agent for claims of copyright infringement is: Legal Department, Prevailion, Inc., 8110 Maple Lawn Blvd, Suite 200, Fulton, MD 20759, Attn: Copyright Agent

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Disclaimer of Warranties and Limitations of Liability

Except as specifically set forth above, nothing in these Terms of Use confers, by implication, estoppel, or otherwise, any license or right under any trade secret, patent, trademark, copyright, or other intellectual property right of Company or any third party. All rights not expressly licensed are reserved.

Although we have attempted to provide accurate information on our Website, we assume no responsibility for the accuracy of the information.

We do not endorse or assume responsibility for user conduct or what users submit to our Website. Nothing in these Terms of Use requires us to monitor the Website or to modify or remove any materials or information.

Our Website contains links to third party sites. We provide these links merely as a convenience and the inclusion of such links does not imply any endorsement of their content. Access to any other site linked to this Website is at your own risk and we are not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on such sites.

You are solely responsible for maintaining the confidentiality of your account, registration, and password information if provided for use of this Website. Company will not be liable for any harm caused by, or related to, the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password.

We may change the programs or products mentioned at any time without notice. Mention of any non-Company products or services is for informational purposes only and constitutes neither an endorsement nor a recommendation. 

The Website and all information on the Website are subject to applicable federal, state, and local laws, and U.S. export control laws, and may also be subject to the laws of the country where you reside. We reserve the right to investigate and take appropriate action against anyone who, in Company's sole discretion, is suspected of violating any applicable law, including, without limitation, reporting you to law enforcement authorities.

THIS WEBSITE IS PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, OR THAT ARISE FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, OR LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSITE OR ANY RELATED SERVICES OR CONTENT, OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

COMPANY DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE OR ANY RELATED SERVICES OR CONTENT.

ALL USE OF THIS WEBSITE IS AT YOUR OWN RISK.

Governing Law and Jurisdiction

These Terms of Use are governed by the laws of the State of Delaware, excluding any conflict of laws rules or principles.  If there is any dispute relating to the Website or these Terms of Use, you and Company agree to exclusive personal jurisdiction and venue in the state and federal courts of Kent County, State of Delaware, United States of America.

Waiver and Severability

If any provision of these Terms of Use is found to be invalid or unenforceable, that provision will be struck and the remaining provisions will remain in full effect.

If you or others violate these Terms of Use and Company takes no immediate action, this in no way limits or waives our rights, such as our right to take action in the future or in similar situations. 

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Prevailion, Inc. regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

This website is operated by Prevailion, Inc.

 All notices of copyright infringement claims should be sent to: Legal Department, Prevailion, Inc., 8110 Maple Lawn Blvd, Suite 200, Fulton, MD 20759, Attn: Copyright Agent

 All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@prevailion.com.