TERMS AND CONDITIONS
Last Updated November 1, 2014
These are the terms and conditions (the "Terms") of the Pracrea, Inc. (including The Hotel Inventory and all parents, affiliates, partners and subsidiaries of Pracrea, Inc.) (hereinafter referred to as “we” “our” or “us”) website. Please read these Terms carefully. The Terms set out the basis on which you are allowed to use this website (the "Site") and the information, data, text, software, photographs, images, graphics, organization, layout, design, and other content contained on or provided through this Site (collectively the "Content"). They are to protect you as a user of the Site (hereinafter referred to as “you” or "User") and to prevent the Site from being used for any illegal or offensive purposes.
The Site is offered to you conditionally on your agreement to these Terms and your continued use of the Site signifies your acceptance of these Terms. If you are using the Site in the course of your employment or on behalf of an organization, client, affiliate or agent you agree that you are an authorized representative of the party for whom you are using the Site and that you have authority to bind such party to these Terms. You are responsible for ensuring that any parties you are acting as an authorized representative of are made aware of and comply with this.
The information on the Site or in any communication containing a link to the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject us or our subsidiaries or affiliates to any registration requirement within such jurisdiction. Neither the information or data on the Site, nor any opinion or other document produced in consequence to your use of the Site constitutes a solicitation or offer by us or our affiliates to buy or sell any property or provide any investment advice or related investment service. The information and data provided in the Site or in any opinion or other document produced from the Site was collected from third-parties via an automated process or through data provided by Users. Any opinion of estimated value provided in the Site or in any opinion produced from the Site is a valuation calculated using advanced software algorithms and has not been reviewed by a human. If you desire an appraisal, the services of a competent professional licensed appraiser should be obtained. We are not licensed by the Appraisal Certification and Licensure Board and the Site or any opinion or other document produced from the Site is not intended to meet the requirements set out in the Uniform Standards of Appraisal Practice.
THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE ARE PROVIDED SOLELY FOR GENERAL BUSINESS INFORMATION, DO NOT CONSTITUTE REAL ESTATE, APPRAISAL, INVESTMENT, LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE, OR AN OFFER TO SELL OR LEASE REAL ESTATE. AS LEGAL, FINANCIAL AND PROFESSIONAL ADVICE MUST BE TAILORED TO THE SPECIFIC CIRCUMSTANCES OF EACH TRANSACTION, NOTHING PROVIDED ON THE SITE OR PRODUCED BY THE SITE SHOULD BE USED AS A SUBSTITUTE FOR THE ADVICE OF COMPETENT COUNSEL, AN APPRAISER, A TAX CONSULTANT, A FINANCIAL ADVISOR OR OTHER PROFESSIONAL.
1.1 The services provided through the Site are governed by these Terms. We may, from time to time, change the services provided in our sole and absolute discretion.
2. GENERAL USE OF THE SITE
2.1 These Terms apply to your use of the Site, including our services offered via the Site. These Terms constitute a legal contract between you and us, and by accessing or using any part of the Site you represent and warrant that you have the right, power and authority to agree to and be bound by these Terms. If you do not agree to these Terms, or if you do not have the right, power, and authority to agree to and be bound by these Terms, you may not use the Site. Notwithstanding anything to the contrary herein, if you and we have entered into a separate written agreement that covers your use of a service offered by us, the terms and conditions of such agreement shall control with respect to such service to the extent they are inconsistent with these Terms.
2.2 You must not post any Content on the Site or use the Site in any way that is or may be considered to be:
2.2.1 in breach of any obligations or duties of confidentiality, or in breach of any obligations on you under any international, national, federal, state or local laws, rules, regulations or under any such equivalent legislation in your relevant jurisdiction, including, but not limited to, laws applicable to telecommunications, securities, commodities, HIPAA, HITECH, GLBA, FCRA, FACTA, SOX, FTCA, COPPA, DMCA, CFAA, and FERPA;
2.2.2 capable of infringing any other person or other entity’s intellectual property rights (including but not limited to copyright, trademarks, design rights or database rights). By using the Site you agree not to submit any Content, including, but not limited to, property descriptions, photographs, financial, contact or other information or data to the Site unless you have received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise Content on the Site. Specifically, you will not submit a photograph if you received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph on the Site. We may, in our sole discretion but without any obligation to search for such, remove Content that is alleged to have been submitted in violation of this provision. In addition, we may require additional evidence of compliance with this provision from you if it is alleged that you have submitted Content or other information in violation of these Terms. We will, in our sole discretion, terminate the accounts of, and refuse service to, you or any other User who repeatedly or knowingly violates these Terms. You agree to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property listings on the Site. Additionally, you agree to allow submitted Content, or any part therein, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by Users of the Site and any of our partner websites. We shall have the sole authority to choose the manner in which any Content will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Site and we shall have the right to modify the property listing in the exercise of our rights under these Terms. You (a) represent and warrant that all Content and associated information provided by you or provided under your authority will be accurate; (b) agree that you will not permit the posting of a property on the Site under a name other than the named licensed real estate agents that have been engaged by the property owner to market the property under the terms of a duly executed listing agreement with the owner; (c) agree to administer the Content provided by you and maintain its accuracy at all times. We reserve, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Content posted on the Site. We accept no responsibility for checking the accuracy of reports or data files submitted by you. While we shall take all reasonable efforts for data backup and business resumption, you will be solely responsible for retaining back-up copies of all Content, information, photographs and other materials you or your authorized representative(s) provide to the Site. We, in our sole and absolute discretion, may add digital watermarks to certain parts of your Content, including photographs. We add these digital watermarks to protect against the copying or further distribution of your photographs without your permission;
2.2. encouraging or engaging in illegal activity, stalking or harassing another person, or violating these Terms or, in addition to 2.2.1, any applicable local, state, national or international law, rule, regulation or ordinance, including without limitation, state and local real estate practice, spam or privacy laws; or
2.2.4 offensive, obscene, insulting, false, defamatory, unreliable, misleading or otherwise inappropriate.
2.3 In addition, you must not use the Site to:
2.3.1 abuse, harass, stalk or threaten others;
2.3.2 advertise or offer to sell any goods or services (other than in accordance with these Terms), or conduct or forward surveys, contests or chain letters;
2.3.3 upload files that contain viruses, corrupted files, or any other similar software or programs that may interrupt, modify, damage, improperly access, disable, destroy or limit the functionality of the Site or servers or networks connected thereto or the activities of other Users of the Site or of any computer software or hardware or telecommunications equipment;
2.3.4 upload files which contain an active hypertext link to another website that would violate any provision of these Terms. Under no circumstances shall we be deemed to be associated or affiliated with, or viewed as endorsing or sponsoring, any website that links to the Site as provided in Section 5.4 below; or
2.3.5 download any file posted by us or another User that you know or reasonably should know, cannot be legally distributed in such manner; or
2.3.6 upload, post, e-mail or otherwise transmit any information, data, text, software, photographs, images, graphics, or other content to or through the Site, or use any portion of the Site in a manner, that:
is unlawful, threatening, abusive, harmful, libelous, tortious, defamatory, false, misleading, obscene, vulgar, racially or ethnically offensive or otherwise objectionable;
infringes any patent, copyright, trademark, trade secret, or other proprietary right of any party or violates the privacy or publicity rights of any party;
constitutes unlawful advertising or fraudulent, unfair or deceptive practices, "spam," or any other form of unlawful solicitation;
you do not have a right to transmit under any law, contractual obligation (i.e., nondisclosure agreement) or fiduciary duty;
2.4 You must not frame or link to the Site or any part of it without our express permission.
2.5 As provided in Section 2.2.2 above, we shall be entitled at any time to delete, remove or suspend the whole or any part of the Site, including any Content that you provide, without notice to you and without incurring any liability.
2.6 As provided in Section 2.2.2 above, we may block or withhold your access to the Site if we have reasonable grounds to suspect any breach by you of these Terms, that we or any User has incurred or may incur any liability in connection with the Site, or if your use or Content is otherwise inappropriate.
2.7 Unless otherwise indicated on the Site, you may download to a local hard disk and print extracts from the Site of Content, active property listings, member directory or any other data, information or documents provided by the Site or in consequence to your use of the Site and you may also recopy downloaded extracts to others for use in the ordinary course of business. You shall not use any information obtained from the Site for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. You shall not use or reproduce any Content that is obtained from the Site, or that is otherwise made available to you or another User in from the Site, for or in connection with any other listing service or device. You further shall not use the Site in any other manner for or in connection with any other listing service or device. You shall not use the Site as part of any effort to compete with us, including without limitation using any of our services offered through the Site or otherwise to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential Site User or customer of ours, nor shall you remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the Site or in connection with the Site or any of our services.
2.8 Unless otherwise indicated on the Site, you must not reproduce part or all of the Content in any form unless the use of such Content is compliant with the terms of clause 2.7 above.
2.9 Unless otherwise indicated on the Site, you must not copy or otherwise incorporate into or store in any other website, electronic retrieval system, publication or other work any of the Content in any form (whether hard copy, electronic or other format). You shall not use any robot, spider or other automated process to monitor, data mine or copy our products, services or information; decompile, decode or reverse engineer our software;
2.10 We do not monitor communication between the Site Users and accept no responsibility or liability for any such communications. We reserve the right in accordance with our take down policy to remove or edit any Content or communications as soon as we receive a complaint about the same or we otherwise become aware that the Content or communications are inappropriate. You also agree that you shall be solely responsible for all messages posted, statements made, or acts or omissions that occur within the Site through the use of your user name and password. You agree not to share any information disclosed to you through the messaging system with any other person. You also agree not to provide or make known your user name, password or e-mail address to any other person for the purpose of facilitating such person's access and unauthorized use of the Site.
2.11 We are not responsible for and shall have no liability and expressly exclude all liability in relation to any expressions of opinion, data, information or any other material whatsoever which is submitted on this Site by any User. We shall not be liable for any application of or reliance on any information contained on the Site which has been submitted by a third party.
2.12 If you are using the Site to market your properties, you represent and warrant to us that you or your authorized representative(s) either is (a) a licensed broker or real estate agent with the authority to market the properties or, (b) an individual or entity with a principle ownership interest in the properties being marketed.
2.13 If you identify yourself as a broker or agent on the Site member registration form or you otherwise purport to be a broker on the Site you hereby represent and warrant that you are validly licensed as a broker and are in compliance with applicable broker requirements in all jurisdictions in which you are required to be licensed. We may, in our sole discretion, but without any obligation to verify the licensure of you as a broker or agent, remove you the list of brokers if we believe you are not a licensed broker or agent in any applicable jurisdiction. We may, in our sole discretion, terminate the accounts of, and refuse services to, any User who repeatedly or knowingly misrepresents its licensed broker or agent status or upon notification by any state agency or similar governmental authority that such User is not a licensed broker. We do not and shall not have any obligation to independently verify the licensure of individuals identified as brokers and agents on the Site. It is your responsibility to confirm the licensed status of any brokers listed on the Site. The Hotel Inventory does not guarantee any transactions related to or sales of listed assets.
2.14 THE LETTER OPINION IS NOT INTENDED AS AN APPRAISAL AND IS PROVIDED SOLELY FOR GENERAL BUSINESS INFORMATION. NOTHING PROVIDED IN THE LETTER OPINION SHOULD BE USED AS A SUBSTITUTE FOR THE ADVICE OF A COMPETENT COUNSEL, APPRAISER, TAX CONSULTANT, FINANCIAL ADVISOR OR OTHER COMPETENT PROFESSIONAL. ANY LETTER OPINION INFORMATION SENT TO OTHERS IS SENT AT THE RISK OF THE SENDER. DATA PROVIDED IS ACCURATE TO PRACREA’S KNOWLEDGE, BUT CANNOT BE GUARANTEED.
2.15 Pracrea will provide services within a reasonable timeframe. Delivery of service will not unreasonably withheld or delayed.
3. INTELLECTUAL PROPERTY
3.1 If you upload Content to the Site, you grant us a royalty free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, create derivative works from, distribute and display in public that Content in any form and media on or in connection with the Site, at no cost to us and for as long as we require and you warrant that you own the intellectual property rights in such Content and have the right to grant this license. You will indemnify us and keep us indemnified from and against all costs, claims, damages and expenses made against or incurred by us as a result of a third party alleging that the use of such Content by us infringes the intellectual property rights of a third party.
3.1.1 If you believe that your work has been copied onto the Site in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Site, with identifying information for the listing, if applicable;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Address for our copyright agent:
1735 N. First Street, Suite 312
San Jose, CA 95112
Phone: (408) 573-1210
We may forward any notice(s) of alleged infringement to the person(s) who provided the allegedly infringing content.
3.2 All intellectual property rights and goodwill in or relating to us including the name, logo and any associated rights, belong to us, whether on a global or regional level. Subject to clause 3.1 above, all intellectual property rights and goodwill in or relating to the Content belongs to us or our partners or licensors.
3.3 Except as expressly specified in clause 2.7 above or as clearly stated on the Site, nothing in these Terms may be construed as granting any license or right to use any intellectual property of us, our partners or licensors without our express written permission.
3.4 The Site and Content includes proprietary databases of commercial real estate information, which, include without limitation, information, text, photographic and other images and data contained therein and the proprietary organization and structures for categorizing, sorting and displaying such information, and any related software. The Site, Content, databases, information, software and any portion of the foregoing, including any derivatives, successors, updates or modifications provided thereto and any information derived from the use of the Site, Content, databases, information, software and any portion of the foregoing, including as a result of the verification of any portion of the information, are proprietary to us and our licensors, and are protected by copyright and other U.S. and international intellectual property rights, laws and treaties. You agree to (a) comply with all copyright, trademark, trade secret, patent, contract and other laws necessary to protect all rights in our proprietary information, (b) not challenge our ownership of (or the validity or enforceability of our rights in and to) our proprietary information, and (c) not remove, conceal, obliterate or circumvent any copyright or other notice or license, use or copying technological measure included in the Site.
4. DATA PROTECTION
4.1 Users may provide us with personal information about themselves and others. Generally this information is requested when you register for membership or when you use any of the services offered by the Site.
5. LIMITATION OF LIABILITY AND DISCLAIMERS
5.1 IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE CUSTOMER ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF OUR SERVICES, OR USER'S FAILURE TO KEEP USER'S LOGIN AND/OR PASSWORD SECURE AND CONFIDENT) ARISING OUT OF THIS AGREEMENT. Your exclusive remedy and our entire liability under these Terms shall be a refund to you of the fees paid to us hereunder, and in no event will our liability for any reason exceed such fee. We (and our officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from your use of the Site or the Content and other information contained thereon, and you shall indemnify us (and our officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys' fees) as a result of a claim by any person other than you arising from your use or application of the Site or the Content and other information contained thereon. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.
5.2 THE CONTENT, LISTINGS, SERVICE, PROPERTY OR MARKET INFORMATION, PROPERTY OR MARKET FACTS INFORMATION, ANY MARKET TREND REPORTS, VALUATIONS OR OTHER PROPERTY OR MARKET DATA AND ANY OTHER INFORMATION OR DATA PROVIDED BY OR OBTAINED FROM USE OF THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE MAKE NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO CONTENT, LISTINGS, SERVICE, PROPERTY OR MARKET INFORMATION, PROPERTY OR MARKET FACTS INFORMATION, ANY MARKET TREND REPORTS, VALUATIONS OR OTHER PROPERTY OR MARKET DATA AND ANY OTHER INFORMATION OR DATA PROVIDED BY OR OBTAINED FROM USE OF THE SITE, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBERANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGOUS TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. WE MAKE NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO OUR SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM OUR WEB SITE, INCLUDING CONTENT, LISTINGS, SERVICE, PROPERTY OR MARKET INFORMATION, PROPERTY OR MARKET FACTS INFORMATION, ANY MARKET TREND REPORTS, VALUATIONS OR OTHER PROPERTY OR MARKET DATA AND ANY OTHER INFORMATION OR DATA PROVIDED BY OR OBTAINED FROM USE OF THE SITE ARE ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU, ON BEHALF OF YOURSELF AND YOUR AUTHORIZED REPRESENTATIVE(S) WAIVE ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO YOUR OR YOUR AUTHORIZED REPRESENTATIVE(S) COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US, THE SITE OR OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
5.3 IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
5.4 The maps and directions information provided by us on the Site or otherwise have been obtained from sources believed reliable. While we do not doubt the accuracy of the maps and/or directions, we have not verified the information and make no guarantees, warranties or representations about the maps and/or directions. It is your responsibility to independently confirm the accuracy and completeness of any map and/or set of directions. You assume all risk of use. Neither we nor our partners or suppliers assume any responsibility for loss, damage or delay caused by your or your authorized representative(s) use of and/or reliance on your use of the Site or our information, products or services.
5.6 We are not liable for any failure to perform any obligation caused by matters beyond our reasonable control (including without limitation any failure of transmission, inability to access the Site or any failure, error or delay in the sending or receiving of any communication).
5.7 If you cause a technical disruption of the Site, you agree to be responsible for any and all liabilities, costs and expenses (including reasonable attorneys’ fees and costs of enforcement) arising from or related to that disruption. Upon your breach of any term of these Term or a separate Agreement, our remedies shall include any damages and relief available at law or in equity as well as interruption and/or termination of your access to the Site or any portion thereof and permanent deletion or destruction of all portions of the Site within your possession, custody or control. If we retain a third party to obtain any remedy to which we are entitled under these Terms or a separate Agreement, we shall be entitled to recover all costs, including attorneys’ fees or collection agency commissions we incur.
6.1 You agree to pay for all products ordered through the Site or otherwise from us using the payment method indicated, and provide us with express authorization to charge said fees to your payment provider at time of purchase or renewal. Fees owed depend on the specific type and quantity of our products, services, information, or deliverables ordered. Payment of fees shall not be contingent on any events other than the delivery of the products and/or services you ordered from us. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by you. If payment is not current, we may immediately cease to provide any and all products and/or services to you. If you are not satisfied with the product and/or service you receive, you may cancel your subscription at any time and receive a refund for full unused months of your membership. All services already provided are non-refundable. For other services, unless specified herein or in separate agreements, we will refund the unused portion upon cancellation. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the then-current monthly billing period. Discounts received via a product and/or service bundle are subject to removal when product(s) and or service(s) in bundle are canceled. Prepaid fees will be refunded based on the number of months remaining on the contract period, beginning with the month following receipt of written cancellation, but may be subject to adjustment according to current monthly product pricing and subject to adjustment for any incentives or discounts provided for said prepayment. A User choosing to cancel a prepaid subscription prior to the end of its prepaid term may also be subject to a processing fee, as determined in our sole and absolute discretion. No partial month refunds will be provided.
Subscriptions will automatically renew using your current credit card account number unless you cancel their subscription on the Site at firstname.lastname@example.org no less than three (3) days prior to the renewal date to cancel such subscription. All cancellation requests will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via the User’s email account on record with us. If you have a question about a cancellation, you should contact us at email@example.com or at 408-573-1210. We reserve the right to change our fees or billing methods at any time. We will provide timely notice to the affected Users of any such changes.
It is the User’s responsibility to promptly provide us with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online via the "My Account" tab on the Site, once the User has logged into www.pracrea.com. We do not validate all credit card information required by Users’ payment provider to secure payment.
Users must notify us about any billing problems or discrepancies within 90 days after charges first appear on their account statement. If it is not brought to our attention within 90 days, User agrees to waive their right to dispute such problems or discrepancies.
7.1 If any term of these Terms is held to be invalid or unenforceable by judicial decision, the rest of the Terms shall remain valid and enforceable.
7.2 We reserve the right to change these Terms from time to time. If we change these Terms, we shall post the new version on the Site stating when such revised version comes into effect. You will be taken to have agreed to such revised version if you continue using the Site. You should check the Terms periodically to ensure that you are aware of and are complying with the current version.
7.3 Pracrea utilizes email as a vital and primary communication channel with customers. As a registered user, Customers hereby acknowledge and grant Pracrea the permission to communicate with customers via email (as well as other communication channel such as phone and fax) for any purposes Pracrea determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. Pracrea will use best efforts to honor Customer's request to opt out of marketing messages, but under no circumstances will Pracrea have any liability for sending any email to its registered users/customers. By becoming a member of Pracrea, Inc., you acknowledge and agree that Pracrea, Inc., and its corporate affiliates, may record telephone and other electronic communications it has with you for Pracrea, Inc.'s internal business purposes, including but not limited to training and quality assurance purposes.
7.4 These Terms and any documents referred to in them are governed by and construed in accordance with the laws of the United States of America, the State of California, and you and we agree to submit to the exclusive jurisdiction of the California courts for the determination of disputes.
7.5 This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Customer without the prior written consent of Pracrea, which retains the right to withhold consent in its sole discretion.
7.6 The failure of Pracrea to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision.
7.7 All notices to Pracrea must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Chief Financial Officer at Pracrea.
7.8 These Terms constitute the entire agreement between us in respect of the subject matter contained in these Terms and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.