TERMS OF USE
These terms of use (“Terms of Use”) apply to https://preferredcommunications.com/ and all websites and applications (each a “Site”) of Preferred Communications Data, LLC (“Preferred”) and their parents, subsidiaries, and affiliates, and all of its or their respective employees, officers, directors, agents, representatives, members, and insureds (each a “Preferred Entity,” collectively, “Preferred Entities,” “our,” “us,” or“ “we”). As used herein, the terms “You” or “Your” means any individual or entity (including such entity’s employees, representatives, users, and agents) that (i) accesses our Site and/or (ii) obtains access to or uses Our Content (as hereinafter defined).
1. Terms Binding On All Who Access Our Site Or Content:
By accessing our Site and Content, You accept and agree that these Terms of Use apply to You. If You do not agree with these Terms of Use, You may not use our Site or access any of Our Content. These Terms of Use apply to both (i) those who have entered into license agreements with a Preferred Entity (a “Licensed User”); and (ii) those who access our Site or the Content without having a license agreement with a Preferred Entity (a “Visitor”). The term “Content” means any data, online reports or other downloadable information from our Site (collectively, the “Content”). If the terms posted for or are applicable to a specific portion of our Site or for any Content or services offered on or licensed through our Site include additional terms (“Supplemental Terms of Use”), the Supplemental Terms of Use shall control with respect to your use of that portion of our Site or the specific licensed Content or service.
2.Our Privacy Policy:
Information on how Preferred Entities may collect and process Your personal data under these Terms of Use is governed by and subject to the Preferred Entities’ Privacy Policy, which may be amended from time to time. Uniform standards for Do Not Track (“DNT”) signals have not been adopted, and we do not currently process or respond to DNT signals.
3. Restrictions:
You shall not copy, modify, disclose, distribute, sell, assign, sublicense or make available or use the Content, in whole or in part, except as provided for in these Terms of Use and in any license agreement You have entered into with a Preferred Entity.
You agree not to reverse engineer, decompile, disassemble or create derivative works of any Content and further agree that You will not assist anyone in performing such prohibited acts.
You may not re-post, republish, reproduce or copy any Content to other web sites or otherwise make any Content publicly accessible without our prior written consent. Except to the extent expressly authorized by a license agreement signed by a Preferred Entity, You may not sell, distribute or otherwise use any Content.
4. IP Ownership:
All intellectual property rights, proprietary rights, and other rights in or relating to our Site and Content, including any trademarks, logos, copyrights, patents, proprietary processes, databases, software, methodologies, tools, data procedures, algorithms, specifications, source code, object code, know-how, trade secrets, technology or modifications to the foregoing or in any third party software products which are utilized to provide our Site and Content, or to prepare our Site and Content, are and will continue to be owned by us or, if applicable, by our third-party licensor.
You are hereby granted a limited, non-exclusive license to use our marks, but solely in accordance with Your lawful use of any Content or services licensed by us. You shall not remove any copyright, trademark, logos or service marks (or similar identifying marks contained in any Content) of any Preferred Entity without the prior written consent of such Preferred Entity.
You agree not to use our Site or Content for any purpose that is prohibited by these Terms of Use or that is in violation of applicable law. You fully agree and acknowledge that we reserve the right to immediately and without notice deny You access to our Site and/or terminate any license agreement it has with You, all without any right of refund, should You use our Site or Content for any purpose that is prohibited by these Terms of Use and/or that violates applicable law.
5. Third-Party Websites:
Our Site may contain advertisements and/or links to other sites (“Third-Party Websites”). If such advertisements or links appear on our Site, they are provided solely for Your convenience and do not imply any affiliation between us and the Third-Party Websites. We do not endorse, sanction or verify the accuracy or ownership of any information or content contained on or accessible through any Third-Party Website. We do not endorse any products or services advertised on Third-Party Websites or accessible through links provided on our Site. If You decide to leave our Site and navigate to Third-Party Websites, or to install any applications, software or download content from any such Third-Party Websites, You do so at your own risk. Once you access a Third-Party Website through a link on our Site, You will be subject to the terms of use and other conditions of such Third-Party Website, which may be different from ours. You should review the applicable terms and policies, including privacy and data gathering practices, of any such Third-Party Website, or relating to any applications You use or install from such Third-Party Websites. Concerns regarding a Third-Party Website should be directed to the Third-Party Website itself. We bear no responsibility for any action or content associated with any Third-Party Website.
6. No Warranties:
EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS OF USE AND TO THE MAXIMUM PERMITTED BY LAW, OUR SITE AND ANY CONTENT OR SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” AND WE HEREBY DISCLAIM ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEEVER, WHETHER EXPRESSED OR IMPLIED, AND WHETHER ARISING BY STATUTE. OR OTHERWISE, AND WHETHER ARISING AS A MATTER OF LAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE OF TRADE. WITHOUT LIMITING THE FOREGOING, AS TO ANY CONTENT SET OUT ON OR SERVICES OFFERED ON OUR SITE, WE EXPRESSLY DISCLAIM ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTIONALITY AND PERFORMANCE OF OUR SITE, CONTENT AND SERVICES, THEIR TITLE AND NONINFRINGEMENT, AND THEIR SUITABILITY FOR YOUR PURPOSE(S). IN ADDITION, WHILE THE PREFERED ENTITIES WILL MAKE REASONABLE EFFORTS TO ENSURE THAT OUR SITE AND CONTENT ARE ACCURATE, PLEASE NOTE THAT OUR SITE AND CONTENT MAY INCLUDE TECHNICAL AND FACTUAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
7. Limitation of Liability:
To the maximum extent permitted by law, our total cumulative liability to You for any and all claims arising out of or relating to Your use of our Site, Content, or services offered, or for any Preferred Entity’s breach of any license agreement between You and any Preferred Entity, regardless of the form of action, shall not exceed the total amount of fees, if any, that You paid to use our Site, Content, or service which is specifically in dispute.
To the maximum extent permitted by law, in no event shall we or any other party who has been involved in the creation, production, distribution, promotion, or marketing of our Site or Content, be liable to You or any other party, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for (i) any loss of profits, anticipated savings, business, goodwill or data, in each case whether in the nature of direct or indirect damages, or (ii) any indirect, consequential, special, incidental or exemplary damages or the like, incurred by You or any third party even if the loss(es) were foreseeable or if the Preferred Entity or any other party had been advised of the possibility of the same.
8. Claim of Copyright Infringement:
We respect the intellectual property of others. If You believe in good faith that any Content infringes the copyright associated with a work You own of license, please contact Our designated contact listed below, with correspondence containing the following:
For any questions regarding this procedure, or to submit a complaint, please send Your correspondence to the contact information listed below in Section 11 (Contact Information).
9 Choice of Law and Jurisdiction:
You agree that any dispute relating to or arising under these Terms of Use, any license agreement You have with us, or arising out of or relating to Your use of our Site, the Content, or any services shall be governed by and construed in accordance with the internal substantive laws of the State of Texas and the United States without regard to conflicts of laws provisions. Any such dispute shall be heard exclusively in a federal or state court having subject matter jurisdiction and located in Travis County, Texas. By accessing our Site or using any of the Content, You (i) waive all objections other than lack of subject matter jurisdiction to any such dispute being heard in a state or federal court located in Travis County, Texas, and (ii) consent to such court’s having personal jurisdiction and proper venue to adjudicate any such dispute.
10. Miscellaneous:
No Content or service referenced in our Site, or in or through our Site of any of Our other domains, is or shall be available under any circumstances for access or use outside the United States and its territories, or in any jurisdiction, within or outside the United States, where it is not permitted by law. If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision will be deleted. Any such deletion will not affect the validity and enforceability of any of the other sections of these Terms of Use. We may, at any time and in our sole discretion, revise, replace, update or otherwise modify these Terms of Use. It is Your obligation to review any possible changes to these Terms of Use since Your last visit. You acknowledge and agree that You will be deemed to have consented to any modification of these Terms of Use when You access our Site or use any Content after the effective date of the modification.
11. Contact Information:
If you have any questions about these Terms of Use, please contact us at [email protected].
