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Terms & Conditions
Effective date: January 1, 2020
REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant that:
- you will not use or access the Site or Content (as defined below) if you are not able to form legally binding contracts (for example, if you are under 18 years old);
- you will not reverse engineer, de-compile or reverse compile any of our technology, including any software associated with the Site and/or the Content;
- unless we expressly authorize you to do so in writing, you will not use, reproduce, duplicate, copy, sell, resell, distribute, publish or exploit for any commercial purposes any portion of the Site and/or the Content;
OWNERSHIP AND COPYRIGHT
The Site is owned and operated by Prefect. Unless otherwise noted, all design and content included therein, including text, graphics, logos, icons, images, artwork, audio and video clips and software (“Content”) is the property of Prefect (or is used under license to Prefect) and is protected by United States and international copyright laws. Prefect reserves all right, title and interest in and to such Content.
Prefect, Prefect.io, the Prefect logo, and other marks indicated on the Site are trademarks and/or service marks of Prefect and/or its affiliates. Other graphics, logos, headers, icons, scripts and service names are also trademarks or trade dress of Prefect. Prefect's trademarks, service marks and trade dress may not be used in connection with any product or service that is not Prefect's ,in any manner that is likely to cause confusion of customers or potential customers, or in any manner that harms or discredits Prefect. All other trademarks related to the products sold on the Site are the sole property of their respective owners.
USE OF SITE AND CONTENT
The Site and Content are intended solely for personal and non-commercial use by visitors. Any use of the Site or accompanying Content other than for personal and non-commercial purposes is prohibited. You agree not to reproduce, publish, transmit, distribute, modify, create derivative works from, or commercially exploit in any way any of the content of the Site. You may, however, download, electronically copy and print any of the Content for your personal, non-commercial use only. This is a revocable license, not a transfer of title, and is subject to the restrictions that you may not (a) modify the Content or use it for any commercial purpose, or any public display, performance, sale or rental, (b) decompile, reverse engineer, or disassemble the Content, or (c) remove any copyright, trademark registration, or other proprietary notices from the Content. You further agree not to access or use the Site in any manner that may be harmful to its operation or Content.
MODIFICATION TO THE SITE
Prefect reserves the right to modify or discontinue, temporarily or permanently, Site, Content or Services or any part of any of the foregoing with or without notice. You agree that Prefect shall not be liable to you or to any third party for any such modification, suspension or discontinuance.
We appreciate hearing from our customers and welcome your comments and suggestions regarding the Site and Services, including the products offered for sale by Prefect, provided that such comments and suggestions are not illegal, obscene, threatening, defamatory, invasive of privacy, infringements of intellectual property rights or otherwise objectionable or injurious to third parties and do not contain or consist of viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false email address, impersonate any person, or otherwise mislead us as to the origin of any comment or suggestion.
If you do submit comments or suggestions, you should be aware that Prefect’s policies do not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that we have specifically requested. Prefect values your feedback on our products and our service but requests that you be specific in your comments and not submit creative ideas, inventions, suggestions or materials. Any feedback, comments or suggestions that you do send to Prefect will become the property of Prefect and shall not be subject to any obligation of confidentiality on the part of Prefect. Prefect shall not be liable for any use or disclosure of any such feedback, comments or suggestions. Prefect shall be entitled to unrestricted use of any such feedback, comments or suggestions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the information.
Prefect respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Prefect of your infringement claim in accordance with the procedure set forth below.
Prefect will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Prefect’s Copyright Agent at email@example.com (Subject line: “DMCA” Takedown Request). You may also contact us by mail at:
Attention: Copyright Agent
Prefect Technologies, Inc.
1200 18th ST NW Suite 700
Washington, DC 20036
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located, with enough detail that we may find it;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.
The Site may contain links to web sites that are not maintained by Prefect. We try to include links to only those web sites that are in good taste and safe for our visitors, but we are not responsible for the content or accuracy of any web sites other than our own and cannot guarantee that such web sites will not change without our knowledge. The inclusion of a link on the Site does not imply Prefect’s endorsement of the web site. If you decide to use any links to access other web sites, you do so at your own risk.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE, SERVICES, CONTENT, MATERIALS AND INFORMATION PROVIDED BY PREFECT ON ANY SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOU ASSUME THE ENTIRE RISK OF AND AGREE THAT PREFECT NOR ANY OF AFFILIATES EXISTING FROM TIME TO TIME (“PREFECT ENTITIES”) SHALL HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTIES, AND AGREE TO RELEASE AND DISCHARGE ALL OF THE PREFECT ENTITIES FROM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR ANY LOSS, COST, CLAIM OR DAMAGE (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOST PROFITS OR OTHERWISE) ARISING OUT OF THE SITE, SERVICES, CONTENT OR YOUR USE OR ACCESS TO ANY OF THE FOREGOING OR RELATING TO THE QUALITY, ACCURACY, SECURITY, PERFORMANCE, OR FAILURE OF THE SITE, SERVICES, CONTENT, ANY PROPRIETARY OR THIRD PARTY TECHNOLOGY OR SERVICE WE MAY USE TO PROVIDE THE SITE, SERVICES, CONTENT OR ANY INFORMATION OR CONTENT RECEIVED FROM, OR CREATED BY YOU OR ANY THIRD PARTY. PREFECT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS SITE OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON ITS SITE(S). YOU AGREE THAT YOUR ACCESS TO, AND USE OF THE SITE, SERVICES, AND/OR CONTENT IS AT YOUR OWN RISK.
LIMITATION OF LIABILITY
EXCEPT TO THE EXTENT A COURT OF APPLICABLE JURISDICTION FINDS IN A NON-APPEALABLE JUDGMENT THAT SUCH LIABILITY RESULTED DIRECTLY AND PRIMARILY FROM PREFECT’S WILLFUL MISCONDUCT OR FRAUD, PREFECT’S LIABILITY (WHETHER ARISING UNDER CONTRACT, NEGLIGENCE, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, EVEN IF PREFECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) TO YOU OR ANY THIRD PARTIES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). IN ANY EVENT, PREFECT WILL NOT HAVE ANY LIABILITY (WHETHER ARISING UNDER CONTRACT, NEGLIGENCE, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, EVEN IF PREFECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFIT, BUSINESS, GOODWILL, REVENUE, OPPORTUNITY, USE, OR DATA (IN EACH CASE, WHETHER DIRECT OR INDIRECT), OR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Last updated: January 2020