Terms And Conditions
This WEBSITE (“WEBSITE”), located at www.PrismArch.com
(THE “WEBSITE”) is published and maintained by Prism Architecture, LLC (“PRISM”) located at 100 SE 3RD AVE, suite #1000, Ft. Lauderdale, FL 33394
1.0 INTRODUCTION
1.0.1 This WEBSITE and the PRODUCTS and SERVICES provided thereon are owned and operated by PRISM ARCHITECTURE, LLC (hereinafter referred to as “company” or “our” or “us” or “we” or “PRISM”), and your use of our WEBSITE is subject to the following Terms of Use (hereinafter referred to as “Terms”), which may be updated by us at any time with or without notice to you.
1.0.2 These terms of use constitute a contract or agreement between you, the user, and PRISM
1.0.3 By using our WEBSITE, you are agreeing to be bound by and accept the following Terms. Acceptance of the Terms is absolute and applies to you as a user, regardless of the number of accounts that you create. You, as a user, are solely responsible for all accounts belonging to you and you promise adherence to these Terms of Service by any and all accounts belonging to you.
1.0.4 You must read and agree to the Terms in order to use our WEBSITE and/or PRODUCTS and SERVICES.
1.0.5 If you do not agree with the Terms, you may not use our PRODUCTS and SERVICES.
1.0.6 Violation of any of the terms below may result in the immediate termination of your Account without further warning. We are not responsible for any and all content posted on our WEBSITE by a third party. By using our WEBSITE, you agree that you are doing so at your own risk.
1.0 INTELLECTUAL PROPERTY
1.1 The contents of our WEBSITE are our copyrighted property and/or the copyrighted property of our licensors or licensees.
1.1.1 All trademarks, service marks, trade names, trade dress and other intellectual property rights contained in our PRODUCTS and SERVICES are owned by us and/or our licensors or licensees.
1.1.2 Unless specifically agreed to in writing, no element of our WEBSITE (may be used or exploited in any way other than as part of the specific PRODUCTS and SERVICES offered to you.
1.1.3 Our company retains full and complete ownership of the content on our PRODUCTS and SERVICES, and we do not transfer title to any portion of our intellectual property to you.
3.0 USER REQUIREMENTS
3.0.1 You must be at least 18 years old to create an account on or otherwise use our SERVICES.
3.0.2 No Bots Permitted
3.0.2.1 You must be a human or registered business entity in order to use our PRODUCTS and SERVICES. No bot use is permitted.
3.0.3 Information Provided
3.0.4 You must provide all of the required information to sign up for an account on our PRODUCTS and SERVICES.
3.1 Login Restrictions
3.1.1 Login Information Security
3.1.1.1 You are solely responsible for maintaining the confidentiality of your login information, and you agree not to share or otherwise make public your login information.
3.1.1.2 You must properly exit out of your account when you are finished with each session.
3.1.1.3 You must notify us immediately upon discovery of a breach of security and/or confidentiality of your login information.
3.2 Responsibility
3.2.1 You are solely responsible for any and all activity that occurs on your account, even if the activity is generated on your account by a third party.
3.3 No Assignment of Accounts
3.3.1 Assignment and/or transfer of accounts is strictly prohibited.
3.4 Use for Legal Purposes Only
3.4.1 You may only use our PRODUCTS and SERVICES for legal and authorized purposes.
3.4.2 You must not use our PRODUCTS and SERVICES to violate any law in any jurisdiction.
4.0 VIOLATION OF TERMS
4.0.1 Governing Law and Venue and Waiver
4.0.2 This agreement is governed by the law of the State of Florida.
4.0.3 Venue for any and all disputes that arise under this agreement is Broward County, Florida.
4.0.4 The failure of our company to exercise or enforce any rights contained within these Terms does not constitute a waiver of those rights.
4.1 Cancellation of Account
4.2 Failure to comply with these Terms may result in immediate termination of your account
5.0 COMMUNITY GUIDELINES AND SERVICES PROVIDED
5.1 Our PRODUCTS and SERVICES
5.1.1 At times, PRISM may suggest contractors and/or other construction professionals. PRISM assumes no responsibility for the contractor(s) and/or construction professionals and/or personnel that you select, nor does PRISM promote nor assume any responsibility for any PRODUCTS and SERVICES provided to you by another entity or individual found through the WEBSITE or owned subsidiaries such as Prism Bid (www.PrismBid.com)
5.1.2 By using PRISM PRODUCTS and SERVICES, you agree to indemnify and/or hold harmless the officers, directors, employees, agents, stockholders, affiliates, subcontractors, independent contractors, customers, and customers of PRISM respectively against all claims, allegations, actions, lawsuits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs, and expenses (including but not limited to attorney’s fees) which arise out of or otherwise relate to your use of PRISM
5.1.3 Subject to your compliance with this Agreement and your payment of any applicable fees, the Company grants you a non-transferable, non-exclusive, worldwide right to access and use the PRISM PRODUCTS and/or SERVICES.
5.2 Usage and Security
5.2.1 PRISM’s PRODUCTS and SERVICES may be subject to usage limits and restrictions, which may be specified including, but not limited to:
5.2.2 The locations at or through which you can use PRISM’s PRODUCTS and SERVICES;
5.2.3 The number of allowable users, usage volumes, and/or limits on the number of recipients.
5.2.4 By using PRISM’s PRODUCTS and SERVICES, you agree to use PRISM’s PRODUCTS and SERVICES within the usage limits set out in the signed Agreement.
5.2.5 It is your responsibility to ensure that you do not exceed those limits and/or restrictions.
5.2.6 PRISM has the exclusive right, but not the obligation, to monitor and/or remotely audit your use of any product and/or service provided to you by PRISM
5.2.7 Please refer to PRISM’s Privacy Policy (incorporated by reference herein) for additional details regarding information usage and security.
5.3 Third Parties
5.3.1 You acknowledge and understand that our company may use third party vendors to service and/or maintain our PRODUCTS and SERVICES.
5.3.2 You acknowledge and agree that our company is not responsible for the acts and/or omissions of any third party, nor does our company guarantee any PRODUCTS and SERVICES provided by a third party.
5.4 Service Materials and Non-Liability
5.4.1 Please note that any documents and/or other materials available through PRISM and/or any advice provided by PRISM, (collectively, the “Service Materials”) are for informational and/or educational pur-poses only, and they are not guaranteed to be correct, complete or up-to-date.
5.4.2 You are solely responsible for the choosing and/or hiring of any/all contractors. PRISM does not guarantee satisfaction or accuracy of any end product or work produced by any person or entity that you hire or otherwise work with as a result of PRISM – or price
5.4.3 You understand that PRISM providing PRODUCTS and SERVICES to you does not constitute any guarantee of a particular outcome or otherwise make us responsible in any way for the success or failure of any contractor and/or entity you hire or otherwise work with in connection with PRISM’s PRODUCTS and SERVICES. By using the PRISM’s PRODUCTS and SERVICES and/or WEBSITE you hereby waive any and all rights to assert any claims against PRISM arising from or otherwise associated with your use of the PRISM WEBSITE, PRODUCTS and SERVICES, and/or WEBSITE or the individuals and/or entities that you connect with and/or hire through PRISM.
5.4.4 While PRISM attempts to confirm the active license status of any/all contractors and/or construction professionals and/or personnel utilizing the PRISM WEBSITE, PRISM in no way guarantees the licensing status. It is the sole responsibility of the contractors and/or construction professionals and/or personnel utilizing the PRISM platform to maintain the appropriate certifications and/or licensures. PRISM strongly recommends verifying a license with your local licensing agency before hiring.
6.0 LINKS TO EXTERNAL WEBSITES
6.1 Our company is not responsible for any content that you are exposed to and/or damage that you may sustain resulting from a link on our PRODUCTS and SERVICES to an external or third-party WEBSITE.
7.0 CHANGES TO TERMS
7.1 Our company may change or alter these Terms at any time without notice.
8.0 PAYMENTS AND TERM
8.1 Fees
8.1.1 You agree to pay all fees, if any, associated with your use of PRISM, attached hereto and incorporated by reference herein.
8.2 Payments
8.2.1 Your payment is due per your signed agreement.
8.2.2 Payment shall may be made via one or more of the following methods:
8.2.2.1 Credit Card;
8.2.2.2 Debit Card
8.3 You represent and warrant that any and all payment information provided by you to us is accurate, that you are authorized to use the payment method, and that you will notify us immediately should any changes to your payment method occur.
9.0 ENTIRETY, SEVERABILITY, TERM, AND TERMINATION
9.1 ENTIRETY
9.1.1 This agreement and the documents referenced and incorporated above constitute the entire agreement by the parties. No other statement, agreement, and/or promise made on or before the effective date of this agreement shall be binding on the parties.
9.2 SEVERABILITY
9.2.1 In the event that any provision of this agreement is deemed invalid and/or unenforceable in whole or in part for any reason, the remainder of that provision (if applicable) and the remaining portions of the entire agreement will be severable and remain in effect and enforceable.
9.3 TERM
9.3.1 The term of this agreement begins on the effective date of the subscription agreement attached hereto and incorporated by reference herein and extends through and including the cancellation and/or termination date of the agreement
9.3.2 This agreement shall continue in effect until a party terminates the agreement in accordance with this the termination provision of this agreement.
9.4 TERMINATION
9.4.1 How we handle the termination
9.4.1.1 You, the Customer, can cancel your account at any time.
9.4.1.2 You, the Customer, must contact customer service at info@PrismArch.com to cancel your account.
9.4.1.3 Upon receipt of a cancellation request, we will verify that the user/person/entity attempting cancellation is in fact a legal representative of You and/or Your Company in an effort to prevent fraudulent adjustments to the account.
10.0 TECHNICAL SUPPORT
10.1 Please use the following contact information if technical support associated with our PRODUCTS and SERVICES is needed: info@PrismArch.com
11.0 NOTICE TO INTERNATIONAL USERS
11.1 PRISM, and the PRODUCTS and SERVICES provided by PRISM, are controlled, operated and administered by PRISM (or its licensees) from its offices within the United States of America, and is not intended to subject PRISM to the laws or jurisdiction of any state, country and/or territory other than those of the United States of America.
11.2 Those who choose to access PRISM, and the PRODUCTS and SERVICES provided by PRISM do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to the usage and/or export laws of the United States of America and are responsible for any violations of such laws and/or regulations, including but not limited to fed-eral rules and regulations restricting exports. Additional charges such as customs, fees, taxes, and import duties are the responsibility of the purchaser. Without limiting the foregoing, PRISM may limit the avail-ability of WEBSITE, and the PRODUCTS and SERVICES provided by WEBSITE, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion and without further notice.
