We at Primerates take this Agreement seriously. If we believe you have breached this Agreement, we may, without notice, suspend or terminate your ability to access the Website and/or any other service, specific content, digital products, products, courses or events, provided to you by Primerates.
Not for Minors
The Website is not intended to be used by, and is not directed to, anyone less than 18 years of age. By using this website you represent that you are at least 18 years of age. If Primerates receives a complaint which states that a user of the Website is under 13 years of age, Primerates will comply with the requirements of the Children’s Online Privacy Protection Act of 1998.
Access and Use
Your access and use of the Website may be interrupted, from time to time, for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Website or other actions that Primerates, in its sole discretion, may elect to take. Primerates reserves the right to suspend or discontinue the availability of the Website and/or any portion or feature of the Website at any time in its sole discretion and without prior notice.
www.Primerates.com may act as a venue, through its blogs, messaging, chat rooms, bulletin boards and other forums (collectively, the “Forums”), allowing users of the Website to contribute information and make statements (“User Generated Content”). Primerates is not involved in the actual transmission of User Generated Content provided in the Forums. As a result, Primerates does not approve or endorse any User Generated Content in the Forums, and you hereby acknowledge and agree that Primerates has no control over the quality, correctness, timeliness, safety, truth, accuracy or legality of any User Generated Content provided for by you or any other person or entity in the Forums. You may find User Generated Content posted in the Forums by other users to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense, and do not rely solely on User Generated Content published in the Forums. Without limiting the generality of the foregoing, and although Primerates does not regularly review User Generated Content provided in the Forums, Primerates reserves the right, but will not be obligated, to remove or edit any User Generated Content in the Forums.
Immediately report problems with the Forums to Primerates at firstname.lastname@example.org.
Your Proprietary Rights
Primerates does not claim any ownership rights in the User Generated Content that you post, upload, email transmit, or otherwise make available on, through or in connection with the Website and the Forums; provided, however, that User Generated Content shall not include any Content posted by a user that is already owned by Primerates or any affiliated company. By posting any User Generated Content on, through or in connection with the Website or the Forums, you hereby grant to Primerates and our affiliated companies, and licensees, a perpetual, non-exclusive, fully-paid and royalty-free, sublicensable, transferable (in whole or in part), worldwide license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content. Primerates’ use of such User Generated Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity. Primerates reserves the right to limit the storage capacity of User Generated Content that you post on, through or in connection with the Website or the Forums.
You represent and warrant that: (i) you own the User Generated Content posted by you on, through or in connection with the Website or the Forums, or otherwise have the right to grant the license set forth in this section, and (ii) the posting of User Generated Content by you on, through or in connection with the Website or the Forums does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content posted by you on or the Website or the Forums. The following non-exhaustive list contains examples of prohibited content you may not transmit, submit, or post to the Website.
You shall not transmit, submit or post the following to the Website:
- Information that infringes Primerates’ or any third party’s copyright, patent, trademark, trade secret or other proprietary rights;
- Information that violates any law, statute, ordinance or regulation;
- Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to Primerates or third parties or that infringes on Primerates’ or any third party’s rights of publicity or privacy;
- Information that contains any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Information containing or constituting chain letters, mass mailings, political campaigning, or any form of “spam”;
- Information that is false, inaccurate or misleading;
- Commercial advertisements or solicitations without written permission from Primerates; or
- Federally Trademarked and/or Copyrighted information without written permission from Primerates.
You are solely responsible for all your transmissions, submissions or postings (i.e., your own User Generated Content) and the consequences of transmitting, submitting or posting them.
Primerates’ Intellectual Property Rights
The names “Primerates” and “Primerates.com,” and Primerates’ graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Primerates or its subsidiaries, in the United States and/or other countries (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without the prior express written permission of Primerates, which permission may be withheld in Primerates’ sole discretion. Primerates makes no proprietary claim to any third-party names, trademarks or service marks appearing on the Website. Any third-party names, trademarks, and service marks are property of their respective owners.
The information, advice, data, software and content viewable on, contained in, or downloadable from, the Website (collectively, the “Content”), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, renditions and floor plans, are copyrighted by, or otherwise licensed to, Primerates or its Content suppliers. Primerates also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the “Collective Work”). All software used on the Website (the “Software”) is the property of Primerates or its software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software.
You are solely responsible for any damage resulting from your infringement of Primerates’ or any third party’s intellectual property rights regarding the Trademarks, the Content, the Collective Work, the Software and/or any other harm incurred by Primerates or its affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
Primerates grants you a limited license to access, print, download or otherwise make personal use of the Content and the Collective Work in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content and the Collective Work. You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble the Content and the Collective Work, or transfer the Content or the Collective Work to another person or entity.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as permitted by this Agreement, is permitted by you without the express prior written permission of Primerates, which permission may be withheld in Primerates’ sole discretion.
You may not use any meta tags or any other “hidden text” utilizing Primerates’ name or trademarks without the express written permission of Primerates, which permission may be withheld in Primerates’ sole discretion.
When you visit the Website or send email to Primerates, you are communicating with Primerates electronically. You consent to receive communications from Primerates electronically. Although Primerates may choose to communicate with you by regular mail, Primerates may also choose to communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that Primerates provides to you electronically satisfy any legal requirement that such communications be in writing.
Your Responsibility for Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use the Website, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of the Website.
Third Party Links
There may be provided on the Website links to other Web sites belonging to Primerates’ advertisers, business partners, affiliates and other third parties. Such links do not constitute an endorsement by Primerates of those Web sites, nor the products or services listed on those Web sites. Primerates is not responsible for the activities or policies of those Web sites. Primerates does not endorse or recommend the products of any particular advertiser, business partner, affiliate or other third party. Primerates does not guarantee that the loan terms or rates offered by any particular advertiser, business partner, affiliate or other third party on the Website are the best terms or lowest rates available in the market.
Primerates respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with Primerates and the Website, you may not post, modify, distribute, or reproduce in any way any User Generated Content that is copyrighted material belonging to others, without obtaining their prior written consent. Primerates reserves the right, in its discretion, to remove any User Generated Content if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of users who we believe to be infringers.
If you believe that your work has been copied and posted on the Web site in a way that constitutes copyright infringement, we will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (the "DMCA"), a federal law that provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The requirements for notices under the DMCA can be found at http://www.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000512----000-.html.
Primerates’ agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:By email: http://www.primerates.com/contact/
By mail:Primerates LLC
920 U Street NW
Washington, DC 20001
We suggest that you consult with a legal advisor before filing a notice under the DMCA. Also, be aware that there can be penalties for false claims under the DMCA.
No Representations or Warranties regarding Content
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH WWW.PRIMERATES.COM ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. PRIMERATES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF WWW.PRIMERATES.COM OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH WWW.PRIMERATES.COM. YOU EXPRESSLY AGREE THAT YOUR USE OF WWW.PRIMERATES.COM AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH WWW.PRIMERATES.COM IS AT YOUR SOLE RISK.
PRIMERATES DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH WWW.PRIMERATES.COM, NOR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH WWW.PRIMERATES.COM. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH WWW.PRIMERATES.COM. PRIMERATES MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM WWW.PRIMERATES.COM IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
The Content is intended only to assist you with financial decisions and is broad in scope and does not consider your personal financial situation. Your personal financial situation is unique and the information and advice may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, Primerates recommends that you obtain additional information and advice of your accountant and other financial advisors who are fully aware of your individual circumstances.
The Website is controlled and offered by us from our facilities in the United States of America. Primerates makes no representations that the Website is appropriate or available for use in other jurisdictions. If you access or use the Website from other jurisdictions, then you do so by your own volition and are solely responsible for compliance with local law.
Limitation of Liability
PRIMERATES SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF WWW.PRIMERATES.COM; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE WWW.PRIMERATES.COM FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF THE CONTENT OR THE COLLECTIVE WORK, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH WWW.PRIMERATES.COM, OR OTHERWISE ARISING OUT OF THE USE OF WWW.PRIMERATES.COM, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PRIMERATES AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. PRIMERATES’ LIABILITY AND THE LIABILITY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100.
YOU SPECIFICALLY ACKNOWLEDGE THAT PRIMERATES SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.
YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO WWW.PRIMERATES.COM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
Your Indemnification of Primerates
You shall defend, indemnify and hold harmless Primerates and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by Primerates; (iii) your access or use of the Website; (iv) access or use of the Website under any password that may be issued to you; and/or (v) your transmissions, submissions or postings (i.e., your own User Generated Content).
Amendments of this Agreement
Primerates reserves the right to update, amend and/or change this Agreement at any time in its sole discretion and without notice. Updates to this Agreement will be posted here. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. Your continued access and use of the Website following the posting of any such changes shall automatically be deemed your acceptance of all changes.
You acknowledge that Primerates may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, Primerates shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Agreement, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of New York County, New York, or the United States District Court, Southern District of New York. You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
You agree that: (i) the Website shall be deemed solely based in the State of New York; and (ii) the Website shall be deemed a passive Web site that does not give rise to personal jurisdiction over Primerates, either specific or general, in jurisdictions other than the State of New York. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of New York, United States of America applicable to contracts made entirely within New York and wholly performed in New York, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be the courts of record of New York County, New York, or the United States District Court, Southern District of New York. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
This Agreement is the entire agreement between you and Primerates relating to the subject matter discussed above, and replaces any and all prior negotiations, representations, or agreements between you and Primerates, whether oral, electronic, or written, regardless of the subject matter, all of which are merged herein.
By using this website you acknowledge that you have not relied on any promise, representation, or warranty, express or implied, not contained in this Agreement.
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by Primerates from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.
If you have questions, comments, concerns or feedback regarding this Agreement or http://www.Primerates.com, please contact us via any of the methods set forth below: By email: http://www.primerates.com/contact/
By mail:Primerates LLC
920 U Street NW
Washington, DC 20001