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Terms Of Use

TERMS OF USE FOR www.praesidiuminc.com Praesidium (“COMPANY”)

Updated as of May 11, 2021

Our website, www.praesidiuminc.com (and any other websites owned or operated by Company, collectively the “Website”), is intended to provide you (throughout this document the person using the Website is referred to as “you” and its derivatives) with additional information regarding the services offered by the Company (the “Services”). Your use of the Website constitutes your agreement to the conditions and provisions in these Terms of Use (the “Terms of Use”).

In the event that any of the terms of these Terms of Use conflict with any other terms and guidelines given to you by any employee or agent of Company relating to the Website, these Terms of Use shall control.

Modification of these Terms of Use

The Company reserves the right to change, modify, or amend the Terms of Use under which the Website is accessible. You are responsible for regularly reviewing these Terms of Use for the most updated version of them. After an update or modification to the Terms of Use, your continued use of the Website constitutes your agreement to such updated or modified Terms of Use. In the event you do not agree to the Terms of Use at any time, you may not use the Website for any purpose.

Personal and Noncommercial Use Limitation

Unless otherwise specified, the Website is for your informational use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website.

Links to Third Party Sites

The Website and the deliverables related to Services may contain links to websites of third parties (“Linked Sites”). The Linked Sites are not under the control of the Company and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Company has not reviewed any or all Linked Sites, and they will be accessed at your own risk. The Company is not responsible for the content of, webcasting or any other form of transmission received from any Linked Site. The Linked Sites are provided merely as a convenience to you and shall not imply endorsement by the Company of the Linked Sites, their content, or any association with their operators.

No Unlawful or Prohibited Use

As a condition of your use of the Website, you warrant to the Company that you will not use the Website for any purpose that is unlawful, harassing, unethical, or prohibited by these Terms of Use. You will not communicate with any employee or agent of the Company in a harassing, threatening, or improper manner, nor shall you expose any employee or agent of the Company to any material which is lewd, obscene, or offensive. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. The Company reserves the right to immediately terminate your right to use the Website upon the violation of any of the provisions set forth in this Section.

Furthermore, you agree that you will:

  1. not violate these Terms of Use or any of Company’s or its licensors’ rights or use the Website to violate the rights of any third party such as copyright or trademark rights;
  2. use your true legal name and true electronic mail address, and only provide accurate and complete information on the Website;
  3. copy information from the Website only as necessary for your personal, non-commercial use to view, save, print, fax or e-mail such information;
  4. not otherwise reproduce, modify, distribute, publish, display or provide access to the Website or its content;
  5. not create derivative works from, decompile, disassemble or reverse engineer any portion of the Website;
  6. not upload to or distribute through the Website any binary code, macros or other executable code, or any file that contains any viruses, Trojan horses or other components designed to commandeer, limit or harm the functionality of a computer;
  7. not record, process or mine information about other users, or access, retrieve or index any portion of the Website;
  8. not remove or modify any copyright or other intellectual property notices that appear on the Website;
  9. not access or use the Website in any manner that could damage, disable, overburden, place an unreasonable load on, interfere or attempt to interfere with the proper working of, or impair, the Website, its computer systems, network or the account of any other user;
  10. not attempt to gain unauthorized access to any parts of the Website or any user accounts, or any of the Company’s computer systems or networks;
  11. not use the Website in any way that is unlawful, harms the Company’s business, the Company’s service providers, licensors, representatives or any other user, or breaches any policy or notice on the Website;
  12. not impersonate another person or misrepresent your affiliation with another person or entity, such as by using another person’s user name, password or other account information or another person’s name, likeness, image or photograph;
  13. not charge any person for access to any portion of the Website or any information on the Website;
  14. not access the Website through automated queries (such as by screen or database scraping, spiders, robots, crawlers or any other automated activity with the purpose of obtaining information from the Website) without Company’s prior express written permission;
  15. not engage in “framing” or “mirroring,” or otherwise simulate the appearance or functionality of the Website; and
  16. not assist, encourage or enable others to do any of the preceding prohibited activities.

Materials Provided to the Company or Posted at Any Company Application

The Company does not claim ownership of the materials you provide to the Company or post, upload, input or submit to any Website or application (collectively, “Submissions”). However, unless otherwise prohibited by contract or law, by posting, uploading, inputting, providing, submitting, or requesting the creation of any Submission you are granting the Company, its affiliated companies and necessary sublicensees permission and license to use your Submission in connection with the operation of its business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, prepare derivative works from, translate and reformat your Submission (the “License”).

The License shall be a perpetual, irrevocable, royalty free, worldwide License. No compensation will be paid with respect to the use of your Submission, as provided herein.

 

Indemnity

YOU WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (THE ‘‘INDEMNIFIED PARTIES’’) FROM ANY BREACH OF THESE TERMS OF USE, NEGLIGENCE, FRAUD, OR INTENTIONAL MALFEASANCE BY YOU. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS’ FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE INFORMATION ACCESSED FROM THE COMPANY WEBSITE.

Cookies and Other Tracking Technologies

The Company’s Website and applications may use “cookie” technology to measure activity and to collect information such as browser type, time spent on the site, pages visited and other information about your visit to the site. Cookies are also used to prefill information previously entered into forms and to customize information to your personal tastes. A cookie is an element of data that a site can send to your browser. Cookies are stored on your computer. We may share information about you that we collect through a cookie with third parties who help us analyze Company data.

If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies or be given the choice of declining or accepting the transfer to your computer of a particular cookie (or cookies) from a particular site. You may also wish to refer to: http://www.allaboutcookies.org/manage-cookies/index.html. If, however, you do not accept our cookies, you may experience some inconvenience in your use of the Company’s Website.

We may also include small graphic images called web beacons, also known as “Internet tags” or “clear gifs,” in our web pages and email messages. We may use web beacons or similar technologies for a number of purposes, including, without limitation, to count the number of users or visitors of the Website, to monitor how users navigate the Website, and to count how many emails that we sent were actually opened or how many particular articles or links were actually viewed.

We may also use embedded scripts on the Company’s Website. An embedded script is programming code that is designed to collect information about your interactions with the Website. It is temporarily downloaded onto your computer from our web server or a third party with whom we work, is active only while you are connected to the Website and is deleted or deactivated thereafter.

Automatically collected information about you, such as how you interact with the Website, may be combined with your personal information. If we associate any such automatically collected information with personal information about you, we will treat the combined information as personal information.

Liability Disclaimer

THE COMPANY WEBSITE, INFORMATION, PRODUCTS, AND SERVICES PROVIDED BY THE COMPANY MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, PRODUCTS, AND SERVICES PROVIDED FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. COMPANY DOES NOT GUARANTEE OR WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTY FOR ANY FOR AN INTENDED RESULT, TITLE AND NONINFRINGEMENT.

IN NO EVENT, SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE COMPANY WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, OR PRODUCTS OBTAINED THROUGH THE COMPANY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

NOTWITHSTANDING ANYTHING CONTAINED ON THE COMPANY WEBSITE OR IN ANY OF THE SERVICES, THE COMPANY DOES NOT GUARANTEE THE SERVICES WILL PREVENT THE OCCURRENCE OR CONSEQUENCES OF SEXUAL ABUSE BY EMPLOYEES, ASSOCIATES, VOLUNTEERS OR OTHER INDIVIDUALS ASSOCIATED WITH ANY CLIENT.

Copyright Notices

All contents of the Website are: Copyright 2021 Lundberg Enterprises, LLC dba Praesidium. All rights reserved.

 

 

Trademarks

All proper names appearing on the Website are either trademarks or registered trademarks of the Company. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

ARBITRATION:

WE HOPE TO MAKE YOU A SATISFIED CUSTOMER, BUT IF THERE IS AN ISSUE THAT NEEDS TO BE RESOLVED, THIS SECTION OUTLINES WHAT IS EXPECTED OF US BOTH.

YOU AND WE BOTH AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION OR IN SMALL CLAIMS COURT. YOU UNDERSTAND THAT BY THESE TERMS OF USE, YOU ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF A JURY. WHILE THE PROCEDURES MAY BE DIFFERENT, AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGES AND RELIEF AND MUST HONOR THE SAME TERMS IN THESE TERMS OF SERVICE, AS A COURT WOULD. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS’ FEES, AN ARBITRATOR CAN AWARD THEM TOO. WE ALSO BOTH AGREE THAT:

  1. THE FEDERAL ARBITRATION ACT APPLIES TO THESE TERMS OF SERVICE. EXCEPT FOR SMALL CLAIMS COURT CASES THAT QUALIFY, ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUR OF THESE TERMS OF SERVICE OR FROM THE COMPANY WEBSITE YOU RECEIVE FROM US, INCLUDING ANY DISPUTES YOU HAVE WITH OUR EMPLOYEES OR AGENTS, WILL BE RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). YOU CAN ALSO BRING ANY ISSUES YOU MAY HAVE TO THE ATTENTION OF FEDERAL, STATE OR LOCAL GOVERNMENT AGENCIES, AND IF THE LAW ALLOWS, THEY CAN SEEK RELIEF AGAINST US FOR YOU.
  2. UNLESS YOU AND WE AGREE OTHERWISE IN WRITING, THE ARBITRATION WILL TAKE PLACE IN DALLAS COUNTY, TEXAS.
  3. THESE TERMS OF USE DOES NOT ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF USE, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THESE TERMS OF USE. ANY QUESTION REGARDING THE ENFORCEABILITY OR INTERPRETATION OF THIS PARAGRAPH SHALL BE DECIDED BY A COURT IN DALLAS COUNTY, TEXAS, AND NOT THE ARBITRATOR.
  4. IF EITHER PARTY TO THESE TERMS OF USE INTENDS TO SEEK ARBITRATION UNDER THESE TERMS OF USE, THE PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 30 DAYS IN ADVANCE OF INITIATING THE ARBITRATION. NOTICE TO COMPANY SHOULD BE SENT TO THE ADDRESS BELOW. NOTICE TO YOU WILL BE SENT TO THE CONTACT INFORMATION YOU PROVIDED IN YOUR APPLICATION FOR SERVICES, AND MAY BE SERVED VIA EMAIL YOU PROVIDED. THE NOTICE MUST DESCRIBE THE NATURE OF THE CLAIM AND THE RELIEF SOUGHT. IF WE ARE UNABLE TO RESOLVE THE DISPUTE WITHIN 30 DAYS, EITHER PARTY MAY THEN PROCEED TO FILE A CLAIM FOR ARBITRATION.
  5. AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE; IT CANNOT BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
  6. IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH ABOVE CANNOT BE ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY.
  7. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND WE UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.

General

Jurisdiction. These Terms of Use is governed by the laws of the State of Texas. You hereby consent to the exclusive jurisdiction and venue of the courts in the State of Texas in all disputes arising out of or relating to the use of the Website.

No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms of Use or use of the Website.

Compliance with Laws. The Company’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use.

Severability. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.

Third Parties. Without limitation of anything else set forth herein, you have no contractual relationship whatsoever with any of our affiliates or service partners, and these Terms of Use does not give you any rights against any affiliate or service partner. You are not a third-party beneficiary of any agreement between us and any of our affiliates or service partners. None of our affiliates or service partners have any legal, equitable, or other liability of any kind to you under these Terms of Use.

Print Version. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Assignment. We may, at any time, assign these Terms of Use, including our rights, interests and obligations thereunder, in whole or in part, or delegate any of our responsibilities under these Terms of Use to any other person or entity with prior notice to you. You may not assign these Terms of Use, including any of your rights, interests and obligations thereunder, in whole or in part, or delegate any of your responsibilities under these Terms of Use without our prior written consent. We are not under any obligation to give our consent, and any attempt to assign these Terms of Use without Company’s written consent shall be null and void.

No Waiver. No waiver of any right or obligation under these Terms of Use by Company on any occasion will constitute a waiver of that right on any subsequent occasion. In any event, no waiver by us of any right of ours is effective against us unless it is in a writing signed by Company.

Entire Agreement. Unless otherwise specified herein or in writing between You and the Company, these Terms of Use and any written scope of work between You and the Company constitute the entire agreement between You and the Company, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Website.

Contact

Company wants you to be satisfied with the Services and the Website. Should you have any questions, comments, or concerns, please contact: info@praesidiuminc.com.