Terms and Conditions ("Terms")
Last updated: March 30, 2018

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.prvolt.com website operated by PR Volt ("us", "we", or "our") or signing up for any of our services through the website or otherwise (the "Service(s)"). Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Communications

By creating an Account on or through our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or unsubscribe instructions provided in any email we send.

Subscriptions

Some Service plans are billed on a subscription basis ("Subscription(s)"). Subscription plans shall commence on the date upon which initial payment is made and these Terms and Conditions are accepted by you (“Effective Date”). Under these Subscription plans, you will be billed in advance on a recurring and periodic basis ("Billing Cycle"), regardless of whether a campaign is launched in a given month or Subscription period. Unless otherwise specified, Monthly Subscription plans shall have a required minimum three-month term and Annual Subscription plans shall have a required minimum one-year term (the “Initial Term”). Subscriptions will automatically renew for additional monthly terms (each a "renewal term"), unless you provide written notice of termination at least 30 days prior to the end of the Initial Term after the Effective Date or of then current Renewal Term. Subscription plans include, but are not limited to: "Business Monthly", "Startup Monthly","Individual Monthly", “Business Annual,” “Startup Monthly” and “Individual Monthly”. Non-recurring Service plans, which are not billed on a subscription basis include “Crowdfunding Individual”, “Crowdfunding Startup” and “Crowdfunding Business” plans. You can learn more about our Services, our plans and our Subscription pricing by visiting our website at www.prvolt.com and www.prvolt.como/pricing.  

A valid payment method, which includes a credit or debit card, is required to process the payment for your Subscription. You must provide PR Volt with accurate and complete billing information including your full name, address, state, zip code, telephone number, and all information required to verify and use a valid payment method. By submitting such payment information, you automatically authorize PR Volt to charge all Subscription fees incurred through your account to any such payment instrument(s).

Should automatic billing fail to occur for any reason, PR Volt will issue an electronic invoice indicating that you must proceed manually, by a certain deadline, with the full payment corresponding to the billing period as indicated on the invoice.

In addition to any other right or remedy provided by law, if you fail to pay for the Services when due, PR Volt reserves the right to treat such failure to pay as a material breach of these terms, and may terminate the Service and/or seek legal remedies. You shall pay all costs of collection, including without limitation, reasonable attorney’s fees and costs.

Fee Changes

PR Volt, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

PR Volt will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your express agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Performance

You agree to do everything necessary to ensure that the terms of this Agreement take effect. You agree to respond in a timely manner to our communications in order to ensure that campaigns are launched on a regular basis and you understand that we are not able to pause billing in the event that you are unready to launch a campaign or are uncooperative in our good faith efforts to initiate a campaign. Finally, you expressly agree that, upon our express written request, you will review and approve all materials generated by us on your behalf, including but not limited to media pitches, press releases and press kits, before those materials are distributed in any way whatsoever.

Content

Our Service allows you to post, link, store, share, send and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or send through the Service, including its legality, reliability, and appropriateness.

By posting or sending Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting or sending of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.  You agree to defend and indemnify us to the fullest extent of the law, including attorneys’ fees and costs, against any claims that your Content infringes the intellectual property rights of a third party.  

You retain any and all of your rights to any Content you submit, post on or send through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts or sends through the Service. However, by posting or sending Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

PR Volt has the right but not the obligation to monitor and edit all Content provided by users.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.


Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of PR Volt and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of PR Volt.

Ownership; Reservation of Rights

The technology, software code, database, and other intellectual property and materials used by PR Volt to perform the Services, including, without limitation, any and all Content (as defined below) and APIs, and all improvements to, and all modifications and derivative works of, the foregoing (collectively, the “Service Provider Technology”), involve valuable intellectual property and proprietary rights of PR Volt.  No title to or ownership of the Service Provider Technology, any associated intellectual property or proprietary rights, or any other rights in or to any other processes, methods, tools, ideas, techniques, or concepts of PR Volt or its licensors, whether conceived or invented in connection with the Services or otherwise (“Service Provider IP”) is transferred to you or any third party under these terms.  PR Volt and its licensors reserve all right, title, and interest (including all intellectual property and other proprietary rights) in and to the Services, Service Provider Technology, and Service Provider IP.  No implied rights or licenses are granted by PR Volt or any third party in the Agreement.

Ownership of Customer Data

Subject to these Terms and Conditions, all Reports and all Leads delivered to you will be owned by you, and the Reports and Leads, as well as all data contained therein or exported (“Customer Data”), may be used, copied, and disseminated in your discretion, subject to clarification that your ownership of Reports and Leads does not extend to any Service Provider IP incorporated therein, including but not limited to the “look and feel” of Reports, the formats in which Customer Data are categorized and presented, and the underlying Content that is incorporated within Reports.  To the extent that any Service Provider IP is incorporated into a Report, Service Provider hereby grants Customer a perpetual, limited, nonexclusive, nontransferable, non-sublicensable royalty free license to use such Service Provider IP, solely as necessary to use such Reports in accordance with this Agreement.

User Restriction

You will not directly or indirectly (a) reverse engineer, decompile, or disassemble any Service Provider Technology; (b) use, or permit use of, the Service Provider Technology, or Customer Data to reverse engineer or otherwise derive any features of the Service Provider Technology, or proprietary or confidential information or processes of Service Provider, (c) rent, sell, or lease the Service Provider Technology, or access thereto; (d) copy, modify or distribute any portion of the Service Provider Technology (e) use or otherwise exploit the Services, Service Provider Technology, or Customer Data to develop or offer a product or service that competes with the Services; or (e) allow any third party to use the Services.

Links to Other Websites

Our Service may contain links to third party web sites or services that are not owned or controlled by PR Volt.

PR Volt has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that PR Volt shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.  If we terminate your account or otherwise block your access to the Service without cause, we will refund any fees you have paid to us covering days that you will not be using or have access to the Service after termination on a prorated basis.  

You may terminate your account by providing written notice of termination to PR Volt at least 30 days prior to the end of the initial Term after the Effective date or of then current Renewal Term.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless PR Volt and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall PR Volt, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.  PR Volt does not guarantee any specific result from your use of the Service or PR Volt’s work with or for you.  

PR Volt its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.


Governing Laws

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.


Contact Us

If you have any questions about these Terms, please contact us at contact@prvolt.com.