Copyright © Preparis Inc. Updated as of 8/1/14
All Rights Reserved Worldwide.
The terms “you”, “your”, “user”, or “users” for purposes of these Terms, means anyone accessing the Site and/or Services for any reason, including you in your individual capacity, and the company or other business entity whom you represent and on whose behalf you use the Site and/or Services under actual or apparent authority. BY AGREEING TO THESE TERMS AND/OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO REPRESENT AND LEGALLY BIND THE COMPANY OR OTHER BUSINESS ENTITY FOR WHOM YOU ARE ACTING. IF YOU DO NOT HAVE SUCH AUTHORITY, YOU ARE SOLELY RESPONSIBLE FOR ALL ACTS AND OMISSIONS RELATING TO YOUR USE OF THE SITE. You agree to comply with all applicable laws, rules and regulations when using the Site and/or the Services. PREPARIS may make changes to the Site, content and/or Services offered online at any time with or without notice.
PREPARIS reserves the right to change these Terms at any time. If changes are made, PREPARIS will post notice of the changes and the updated Terms on this webpage, available at http://www.preparis.com/terms-of-use/. Your continued use of the Site and/or Services after such changes have been posted means that you agree to the new Terms, even if you have not reviewed the changes.
No Personal Advice
Our Site and Services and the materials, information and content contained on this Site and provided through the Services are available only for the purpose of providing general information on workplace disaster preparedness response protocols, techniques and training and other 21st Century-threat related issues. You should not rely on this Site and the information and resources contained on this Site or through our Services as a replacement or substitute for any professional, financial, legal or other advice or counsel. PREPARIS makes no representations and warranties, and expressly disclaims any and all liability, concerning actions taken by a user following the information or using the resources offered or provided on this Site or through the Services. In no way will PREPARIS be responsible for any actions taken or not taken based on the information or resources provided on this Site or through the Services.
Password/Username Protection and Use
You need a password and user name to log-in to this Site and to use the Services. You are responsible for maintaining the confidentiality of your password and username. You agree to (a) immediately notify PREPARIS of any unauthorized use of your password or your user name or any other breach of security and (b) exit from your account at the end of each session.
You are solely responsible for all actions taken using your password. You agree not to share your password, let anyone else access your password or do anything else that might jeopardize the security of your password. You agree to notify PREPARIS if your password is lost, stolen or disclosed to an unauthorized third party, if there is any unauthorized use of your password or if you know of any other breach of security in relation to the Services. PREPARIS will not be liable for any loss or damage arising from your failure to comply with this section. If you have registered for an account to use the Services, you hereby warrant that the information provided by you for the purposes of such registration is complete and accurate. You shall ensure that such information is kept up to date.
You affirm that you are over the age of 13. If you are under 13 years of age, you may not access or use the Site absent the consent of a parent or guardian. Subject to these Terms, you may not access or use the Site if you are unable to form a legal binding agreement with PREPARIS.
You hereby warrant that if you are a corporation or other legal entity, you are validly formed and existing under the laws of your jurisdiction and have duly authorized your agent or agents to enter into this Agreement and, if an individual, you are of the age of majority in your place of residence.
Subscriptions and Payment.
- The Terms apply to your purchase of a paid subscription to the Services provided by PREPARIS on and through the Site (a “Subscription”).
- Subscription Fees. If you purchase a Subscription, you shall pay all fees, including any fees for additional services purchased by you or usage that exceeds the thresholds at the rates posted, as well as any applicable taxes, applicable to such Subscription from time to time. PREPARIS may change such fees at any time and in its sole discretion by posting notice of the changes and the updated Terms on this webpage or otherwise notifying you of such changes. You will be responsible for the payment of any fees, taxes or other charges to your account and shall pay such fees, taxes and other changes in accordance with PREPARIS’ billing terms then in effect as set forth on the pricing page on the Site. You are expressly agreeing that PREPARIS is permitted to bill you for the applicable fees, any applicable taxes and any other charges that you may incur in connection with your use of this Site and the fees will be billed to your credit card on or through the Site, and thereafter at regular intervals for the remainder of your Subscription.
- Continuous Service Subscription. Subscription to the Services is on a continuous service basis. This means that once you have purchased a Subscription, the Subscription will be automatically renewed at the end of its term unless you notify Preparis with written notice within 30 days of renewal date of contract. You will be charged based upon the Subscription program (annual, quarterly, monthly, etc.) that you have chosen and will be responsible for fees.
- Subscription Cancellation and Subscription Termination. PREPARIS reserves the right to terminate your Subscription for any or no cause, at any time, with or without notice, which termination shall be effective immediately or as may be specified in the notice. PREPARIS may also at its sole discretion limit access to the Services and/or terminate the Subscriptions of any users who infringe or who are accused of infringing any intellectual property rights of others, whether or not there is any repeat infringement. Upon termination for any reason, you lose access to the Services. Any fees you have paid prior to the date of termination will not be refunded. If you have a balance due on any account, you agree that PREPARIS may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
- Eligibility; Credit Card Terms. To purchase a Subscription, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. You will be required to give us a valid credit card number (VISA, MasterCard, American Express or any other issuer then accepted by us) and associated payment information at the time you purchase your Subscription hereunder, including all of the following: (i) your name as it appears on the card, (ii) the credit card type, (iii) the date of expiration of your credit card, (iv) billing address, and (v) any activation numbers or codes needed to charge your card. PREPARIS currently does not accept cash, checks or any other payment form, although in the future we may change this policy. Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. By providing PREPARIS with your credit card number and associated payment information, you agree that PREPARIS is authorized to immediately charge your credit card on file in connection with your account for all fees and charges due and payable to PREPARIS as a result of your purchase of a Subscription. You agree that no additional notice or consent is required before PREPARIS charges the credit card for all amounts due and payable. You hereby warrant that the credit card information provided by you is correct, and you agree to immediately notify PREPARIS of any change in your billing address or the credit card used for payment hereunder. PREPARIS reserves the right, at any time, to change its prices and billing methods for Products, either immediately upon posting notice of the changes on the Site and/or by e-mail notification to your e-mail address on file in connection with your Account. You shall promptly notify PREPARIS of any changes to such credit card information. You acknowledge and agree that if your credit card payment cannot be processed for any reason, PREPARIS may suspend or cancel your Subscription.
- Taxes. You agree to pay all taxes, fees and other charges incurred in connection with your purchases of a Subscription (“Taxes”). PREPARIS may automatically charge any such Taxes to your credit card on file.
- Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement if you dispute any of our charges on that statement, or such dispute will be deemed waived. Notice of billing disputes should be sent to the following address: email@example.com/archived-site. If PREPARIS does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by PREPARIS or its agents.
Copyright and Proprietary Rights
The name PREPARIS, preparis.com/archived-site, our logo and our product and service names are all trademarks, service marks, and trade names (collectively, the “Marks”) of PREPARIS, Inc. There may be other Marks on this Site which belong to their other respective owners, who have granted PREPARIS the right and license to use such Marks. PREPARIS’ failure to display the trademark symbols at every use does not invalidate their ownership status. Site users are responsible for labeling their own products, services, or other listings. PREPARIS has no obligation, assumes no risk or obligation, and expressly disclaims any liability for or associated with protection of your intellectual property rights.
This Site and our Services and its content are protected by United States and international copyright and other laws. Unless otherwise specified in these Terms, all information and screens appearing on this Site or through our Services, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of PREPARIS. You may print and download portions of PREPARIS copyrighted material solely in connection with your use of this Site and/or the Services, and you agree not to change or delete any proprietary notices, trademarks, and the like from any materials. Any other copying, redistribution, publication, or retransmission of any portion of this material is strictly prohibited without PREPARIS’ express written consent. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
General Use Restrictions
Registered users of the Services are permitted to download one copy of the materials provided on or through the Site and/or Services on any single computer for personal, noncommercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials provided on or through the Site and/or Services or unauthorized use, resale or redistribution of the materials provided on or through the Site and/or Services for any other purpose than as expressly permitted herein is expressly prohibited. The use of any material provided on or through the Site and /or Services on any other website or networked computer environment is prohibited. You shall not copy, license, sell, transfer, make available, distribute, or assign your right to use the Services or the materials provided on or through the Site and /or Services to any third party.
Except for the rights expressly granted herein, you have no right, title, or interest in or to the Site, the Services, or any materials, information and/or content provided on or through the Site and/or Services by PREPARIS or its licensors, including without limitation, documentation, stories, articles, text, images, and other multimedia data, and all right, title, and interest in and to the foregoing shall remain exclusively with PREPARIS and its licensors, as applicable. We grant you no other rights, implied or otherwise, and reserve all rights not expressly granted under these Terms.
You are responsible for providing and maintaining, at your own option and expense, all hardware, software and communication lines required to access and use this Site and the Services. PREPARIS reserves the right to change the configuration at any time.
PREPARIS shall not be responsible for any unauthorized access to, or alteration of, your Submissions, for any material, information or data sent or received by you (regardless of whether the data is actually received by PREPARIS), for any transactions entered into through this Site, or for any failure by you to abide by these Terms.
You shall indemnify and hold PREPARIS and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) PREPARIS or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site and/or Services or the use of the Site and/or Services by any person using your user name and/or password (including without limitation your participation in the posting areas or your Submissions) violates any applicable law or regulation, or the rights of any third party.
You agree to provide PREPARIS with accurate and truthful personal information about you, including but not limited to name, address, company name and e-mail address, sufficient for us to send you correspondence and to bill you for Services. Your personal information shall not be false, misleading, or fraudulent.
You agree not to do any of the following while using this Site:
- Intentionally or unintentionally violate any applicable law or regulation.
- Impersonate, falsely state, or otherwise misrepresent your affiliation with a person or entity; or harass defame, abuse, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others, or interfere with another user’s use and enjoyment of the Site and/or Services.
- Access, tamper with, or use non-public areas of this Site, Services, or PREPARIS’ computer systems, or interfere with or disrupt servers or networks connected to the Services or violate the regulations, policies or procedures of such networks. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution and their rights to use this Site and Services will be terminated immediately without notice.
- Knowingly or intentionally transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs or cancelbots.
- Attempt to gain unauthorized access to the Site or Services, other passwords, accounts, computer systems or networks connected to the Services, through password mining or any other means.
- Resell any content accessed through the Site and/or Services or any aspect of this Site without PREPARIS’ prior written consent.
- Create Internet “links” to this Site or our Services or “frame” or “mirror” any material, content or information contained on, or accessible from or on any other server or Internet-based device connected to, this Site and/or the Services.
This list of prohibitions provides examples and is not complete or exclusive. PREPARIS reserves the right to (a) terminate your access to the Site and/or Services and/or your ability to post to the Site or the Services and (b) refuse, delete, remove or move any submissions, in whole or in part; with or without cause and with or without notice, for any reason or no reason, or for any action that PREPARIS determines is inappropriate or disruptive to the Site, Services or to any other user of the Site and/or Services. PREPARIS may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at PREPARIS’ discretion, PREPARIS will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
PREPARIS does not and cannot review all content that is submitted or posted to the Site and/or through the Services. These prohibitions do not require PREPARIS to monitor, police or remove any content or other information submitted by you or any other user.
Links to Third Party Web Sites
This Site or our Services may contain links to other web sites that are not owned or operated by PREPARIS (“Third Party Websites”) and some of our Services or certain areas of the Site may allow you to conduct transactions or purchase goods or services from or through such Third Party Web Sites. PREPARIS is providing these links to you as a convenience, and PREPARIS does not verify, make any representations or take any responsibility for such linked to Third Party Web Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, links displayed or activities conducted on such Third Party Web Sites. The Third Party Web Sites may have different privacy policies and terms and conditions and business practices than PREPARIS. Your dealings and communications through the Site with any party other than PREPARIS are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party.
YOU AGREE THAT PREPARIS WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH ANY THIRD PARTY WEB SITES AND/OR THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT, ADVERTISING OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference to any product, process, publication or service of any third party, by trade name, domain name, trademark, trade identity, service mark, logo, manufacturer or otherwise available on the PREPARIS Site or through the Services does not constitute or imply PREPARIS’ endorsement or recommendation.
Disclaimer of Warranties
While PREPARIS uses reasonable efforts to provide accurate and up-to-date information on our Site and through use of our Services, PREPARIS makes no warranties or representations as to its accuracy and the information on the Site or through use of our Services, including, without limitation, submissions which have not been verified or authenticated in whole or in part by PREPARIS. PREPARIS assumes no liability or responsibility for any errors or representations in of any content appearing on our Site or available through use of our Services, whether provided by PREPARIS, our licensors or the users of the Site and/or Services. PREPARIS does not warrant the accuracy, timeliness, availability or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Site or in the content and information provided on the Site or through use of the Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, SUBMISSIONS, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WHERE IS” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, PREPARIS, FOR ITSELF AND ITS LICENSORS, DISCLAIMS ALL WARRANTIES, EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PREPARIS DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER. PREPARIS, FOR ITSELF AND ITS LICENSORS, DOES NOT MAKE ANY GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, ANY MATERIALS, THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, SUBMISSIONS, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE.
Waiver of Consequential Damages
UNDER NO CIRCUMSTANCES SHALL PREPARIS BE LIABLE FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, PROFITS, REVENUE, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE SITE, SERVICES, MATERIALS OR ANY INFORMATION CONTAINED OR PRESENTED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, SUBMISSIONS, WHETHER UNDER A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF PREPARIS OR A PREPARIS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states and jurisdictions do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.
Copyright and Trademark Infringements
PREPARIS respects the intellectual property of others, and we ask you to do the same. PREPARIS may, in appropriate circumstances and at our discretion, terminate your ability to use our Services and/or access to our Site to users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or a trademark infringement and appears on our Site, please provide PREPARIS’ copyright agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit PREPARIS to locate the material.
- Information reasonably sufficient to permit PREPARIS to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with substantially all of the above requirements of this Section your notice may not be valid and PREPARIS may not be able to remove infringing content. PREPARIS’ agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
Armistead Whitney, Preparis, Inc., 3340 Peachtree Road NE, Suite 2050, Atlanta, GA 30326
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
- A physical or electronic signature of the user.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The user’s name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification or an agent of such person.
Such written notice should be sent to our designated agent as follows:
Armistead Whitney, Preparis, Inc., 3340 Peachtree Road NE, Suite 2050, Atlanta, GA 30326
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Only the intellectual property rights owner may report potentially infringing items through PREPARIS’ reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms.
Governing Law and Binding Arbitration
These Terms will be governed by and construed in accordance with the laws of the State of Georgia, without regard to the choice or conflicts of law provisions of any jurisdiction.
All disputes relating in any way, directly or indirectly, to PREPARIS for breach of contract, breach of fiduciary duty, negligence, personal injury, intentional torts or other tort will be arbitrated according to the rules of the American Arbitration Association (AAA) in Atlanta, Georgia, including any dispute about the scope of this arbitration agreement, and including all questions about the types of disputes that are subject to this arbitration agreement, all of which you agree will be decided by the arbitrators, whose decision will be final and binding on you. Any issue concerning the extent to which a dispute is subject to arbitration, or concerning the applicability, interpretation or enforceability of this agreement, including any contention that all or part of this agreement is invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators. You acknowledge and agree that, in any arbitration proceeding, no depositions will be taken, and all other forms of discovery of facts will be limited to those things that the arbitrators determine, in their sole discretion, to be necessary. Further, in any arbitration proceeding, (i) there shall be no award of punitive, exemplary, incidental or consequential or other special damages and (iii) the parties will conduct the arbitration confidentially and expeditiously and will pay their own costs and expenses of arbitration, including their own attorneys’ fees. If you are unable to afford the AAA fee, you agree to notify all persons against whom you have an arbitrable claim and give such persons the opportunity individually and as a group to pay such fee. The proceeding and the decision shall be kept confidential by the parties. Notwithstanding the foregoing, the parties agree that PREPARIS shall have the right to seek a temporary or permanent injunction (or other equitable relief), and file the necessary underlying lawsuit, in any court having jurisdiction over the parties as necessary to protect PREPARIS’ intellectual property rights or confidential information.
Local Laws; Export Control
PREPARIS controls and operates this Site from its headquarters in the United States of America and the materials and content provided on the Site or through the Services may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
If you violate these Terms, PREPARIS may terminate and/or suspend your access to this Site without notice. PREPARIS prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by PREPARIS, may result in immediate termination of your access to this Site. These Terms shall survive any termination. These Terms set forth the entire agreement between you and PREPARIS about this Site and supersedes all previous or contemporaneous agreements, representations, understandings, or terms, written or oral. No joint venture, partnership, employment, or agency relationship exists between you and PREPARIS as a result of these Terms or use of the Services. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, all remaining provisions shall continue in full force and effect, and such provision shall be construed, as nearly as possible, to reflect the intentions of the intentions of the parties. The failure of PREPARIS to enforce any right or provision herein or to act with respect to a breach by you does not constitute a waiver of such right or provision or our right to act with respect to subsequent or similar breaches. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
Questions or Additional Information
If you have questions regarding these Terms or wish to obtain additional information, please send an e-mail to: firstname.lastname@example.org