Effective August 29, 2019
Intellectual Property and License
Our Services contain intellectual property that is exclusively owned by PRET or its licensors, including, but not limited to: logos, designs, slogans, text, software, photography, video, graphics, sound, information, content, and the layout, coordination, and arrangement of our Services. All intellectual property rights in our Services are protected by applicable United States and international intellectual property laws and treaties. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about our Services (“Submissions”) provided by you to PRET are voluntary and non-confidential, and you agree PRET is entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Neither the Services nor any portion thereof may be modified, copied, reproduced, downloaded, posted, transmitted, transferred, sold, or distributed in any form except as described in this Agreement. You agree to comply with all copyright and other laws worldwide in your use of our Services and to prevent any unauthorized copying of any content from our Services.
You are granted a nonexclusive and nontransferable license to electronically access and use the Services only in the manner described in this Agreement. PRET does not sell to you, and you do not have the right to sublicense any PRET intellectual property. You agree and acknowledge that PRET has the right to change the content or technical specifications of any aspect of the Services, in PRET’s sole discretion. PRET may revoke or terminate this license at any time, without notice or liability. We will not be responsible if, for any reason, all or any part of the Services become unavailable.
No other right, title, or interest in or to the Services is transferred to you, and PRET reserves all rights not expressly granted herein. Any use of the Services not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in a manner that breaches this Agreement, your right to use the Services will cease immediately.
Use of Our Services
You may be asked to create an account or be given credentials to an account (“Account”) in order to use our Services. You are solely responsible for maintaining the confidentiality of your password and restricting access to your Account. You are fully responsible for all activities that take place in your Account. You agree to notify PRET immediately if you become aware or suspect any unauthorized use of your password, unauthorized access to your Account, unauthorized access to your information, or any other breach or potential breach of security. You agree that PRET is not liable for any damages or loss arising from your failure to comply with this section.
Downloads of our applications from the Apple App Store are subject to the terms of Apple’s Standard End User License Agreement, available at: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/.
You may not use our Services for any purposes other than as expressly set forth in this Agreement without PRET’s prior written consent. We may prohibit or enjoin any conduct or use of our Services that restricts or prevents other users from using any portion of our Services, or that otherwise violates this Agreement. We have the right to restrict, suspend, or terminate access to any user for any reason at any time in our sole discretion. Notwithstanding the above, we have no obligation to monitor the use of our Services, but reserve the right to do so.
You are responsible for making all arrangements necessary for you to have access to our Services and ensuring that all persons who access the Services through your internet connection or using any access credentials we provide to you are aware of this Agreement and comply with it.
You agree not to use our Services:
- In any way that violates any applicable federal, state, local, or international laws, rules or regulations (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent;
- To impersonate or attempt to impersonate PRET, a PRET employee, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing); or
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm PRET or users of the Services or expose them to liability;
- In any manner that could disable, overburden, damage, or impair the Services.
Additionally, you agree not to:
- Use any robot, spider, scraper, or other automatic device, process, or means to access the Services for any purpose, including, without limitation, monitoring or copying any of the material on the Website or Platforms;
- Use any manual process to monitor or copy any of the material from the Services without our prior written consent;
- Use any device, software, or routine that interferes with the proper working of the Services;
- Introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the servers on which the Services or their components are stored, or any server, computer, or database connected to the Services;
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack; or
- Otherwise attempt to interfere with the proper functioning of the Services.
Links From the Services
Our Services allow you to navigate to other third party websites through links. These third party websites are not owned or controlled by PRET, and PRET has no control over the nature, content and availability of those websites. The inclusion of any links on the Services is not and does not imply a recommendation or endorsement of the views expressed within the linked websites. All use of the linked websites is entirely at your own risk and subject to the terms and conditions of the linked websites. We may disable all or any links at any time without notice in our discretion.
Links to the Services
You may provide a link to our Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
Subject to the foregoing, you must not:
- Establish a link to our Services from any website that is not owned by you;
- Cause our Services or any portions of it to be displayed, or appear to be displayed by any other site, for example, framing, deep linking, or in-line linking, on any other site.;
- Otherwise take any action with respect to our Services that is inconsistent with any other provision of this Agreement.
You agree to cooperate with us and immediately cease any linking when directed to do so by PRET. We reserve the right to withdraw linking permission without notice.
You represent and warrant that the information you provide when downloading, registering for, accessing, or otherwise using our Services and all information that you subsequently provide regarding yourself or any business on whose behalf you use our Services, is true and accurate and not misleading.
PRET MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING ERRORS OR OMISSIONS AND ASSUMES NO LIABILITY FOR LOSS OR DAMAGE RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICES. THE SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” NEITHER PRET NOR ITS AFFILIATES, VENDORS, OR ANY PERSON ASSOCIATED WITH PRET MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER PRET NOR ANYONE ASSOCIATED WITH PRET REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, UNINTERRUPTED, FREE OF TRANSMISSION ERRORS, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
When you use our Services, any information that you submit will be transmitted via the internet and such transmission is beyond our control. PRET DOES NOT ASSUME ANY LIABILITY FOR THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH YOUR USE OF THE SERVICES. PRET DOES NOT ASSUME ANY LIABILITY FOR LOSS OR DAMAGE TO YOUR COMPUTER SYSTEMS, DEVICES, OR NETWORKS AS A RESULT OF YOUR USE OF THE SERVICES. PRET WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DEVICES, OR DATA DUE TO YOUR USE OF THE SERVICES.
EXCEPT FOR ANY WARRANTY THAT MAY BE EXPRESSLY SET FORTH IN THESE TERMS, PRET MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES, AND PRET EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL PRET OR ITS LICENSORS, SERVICE PROVIDERS, AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES, OR THEIR RESPECTIVE SUCCESSORS OR ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, LOSS OF PROGRAMS, OR OTHER LOSSES, COSTS, OR DAMAGES SUFFERED OR INCURRED AS A RESULT OF THE USE OF OR INABILITY TO USE THE SERVICES, OR SUFFERED OR INCURRED AS A RESULT OF FAULTS, INTERRUPTIONS, OR DELAYS IN THE USE OF THE SERVICES OR ANY COMPONENT OF THE SERVICES, OR OUT OF ANY INACCURACIES, ERRORS, OR OMISSIONS IN THE CONTENT OF THE SERVICES, OR ANY OTHER INFORMATION IN THE SERVICES, REGARDLESS OF HOW SUCH FAULTS, INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISE, EVEN IF FORESEEABLE AND EVEN IF WE HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL PRET BE LIABLE FOR ANY LOSSES OR DAMAGES, IN THE AGGREGATE, IN EXCESS OF FIFTY DOLLARS (US $50.00), NOTWITHSTANDING ANY CLAIM THAT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE. If you are dissatisfied with the Services, your sole and exclusive remedy is to discontinue using the Services.
If you cause a technical disruption of the Services, you are responsible for any and all liabilities, costs and expenses (including reasonable attorneys’ fees and costs of enforcement) arising from or related to that disruption. You agree to indemnify, defend, and hold harmless PRET, its affiliates, licensors, and service providers, and its and their respective officers, employees, contractors, agents, licensors, suppliers, subsidiaries, affiliates, directors, partners, managers, members, successors, and assigns, from and against any and all third party actions, suits, claims, or demands and any associated losses, expenses, damages, fees, costs, and other liabilities (including reasonable attorneys’ fees), arising out of or relating to your use or misuse of any portion of the Services, or your violation of this Agreement.
Jurisdiction and Governing Law
This Agreement shall be construed in accordance with and governed by the laws of the United States and the State of Georgia, without reference to its rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Fulton County, Georgia, United States in all disputes arising out of or related to the use of the Services.
Limitation of Time To File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Entirety and Severability
This Agreement contains the entire understanding between you and PRET with respect to its subject matter, superseding all prior and contemporaneous representations, understandings, and any other oral or written agreements between the parties with respect to such subject matter. If any provision of this Agreement, or the application thereof, is found invalid or unenforceable, that provision will be amended to achieve as nearly as possible the intended effect of the original provision and the remainder of this Agreement will remain in full force.
International Use of Services
Changes to the Services or the Agreement
The Services are subject to change without prior notice. Additionally, PRET may update this Agreement, in its sole discretion. Notices of changes will be posted on the Services. The changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your use of the Services following a change in the Agreement indicates your consent to the revised Agreement. You agree that we shall not be liable to you or any third party for any modification to or discontinuance of any Services or portion thereof.
Binding Upon Successors and Permitted Assigns
This Agreement shall be binding upon and inure to the benefit of the parties, their successors, and permitted assigns. You may not assign this Agreement or any rights, obligations, or privileges under this Agreement without PRET’s prior written consent. PRET may assign its rights and obligations under this Agreement at any time without notice to you.
All notices and other communications under this Agreement must be in writing and may be made by contacting us at:
Priority Real Estate Technology, LLC
2001 Westside Parkway
Alpharetta, Georgia 30004