Last Updated: Friday, July 27, 2018
Welcome, and thank you for your interest in PreBuilt Marketing, LLC (“PreBuilt Marketing,” “we,” or “us”) and our website at http://www.prebuiltmarketing.com, along with our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and PreBuilt Marketing regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING PREBUILT MARKETING’S PRIVACY POLICY AND ANY ADDITIONAL TERMS AND POLICIES PREBUILT MARKETING MAY PROVIDE FROM TIME TO TIME (TOGETHER, THESE "TERMS"). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND PREBUILT MARKETING’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY PREBUILT MARKETING AND BY YOU TO BE BOUND BY THESE TERMS.
Please read the PreBuilt Marketing Privacy Policy (http://www.prebuiltmarketing.com/privacypolicy) carefully for information relating to our collection, use, storage, disclosure of your personal information. The PreBuilt Marketing Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
ARBITRATION NOTICE
Except for certain kinds of disputes described in Section 16, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND PREBUILT MARKETING ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 16).
The Service provides an AI social media management tool that enables users to use artificial intelligence to create, release posts on social platforms at a scheduled time, in addition to other design and analytics tools to help bolster users’ social media content.
You must be at least [18] years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least [18] years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and references to you herein (and all of your obligations hereunder) will refer to such entity and any individual using the Service on such entity’s behalf.
To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at [email protected].
Using our Service will require you to pay fees upon registering. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable. Fees vary based on the plan, with different pricing schemes for customers and Independent PreBuilt Marketing Brand Partners.
4.1 Price
PreBuilt Marketing reserves the right to determine pricing for the Service. PreBuilt Marketing will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information, located here: https://www.prebuiltmarketing.com. PreBuilt Marketing may change the fees for any feature of the Service, including additional fees or charges, if PreBuilt Marketing gives you advance notice of changes before they apply. PreBuilt Marketing, at its sole discretion, may make promotional offers with different features and different pricing to any of PreBuilt Marketing’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
4.2 Authorization
You authorize PreBuilt Marketing to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by PreBuilt Marketing, to the payment method specified in your account. If you pay any fees with a credit card, PreBuilt Marketing may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
4.3 Subscription Service and Cancellation Policy
The Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize PreBuilt Marketing to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. For information on the “Subscription Fee”, please see our Pricing page. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by accessing your account and going to the My Billing page and clicking on the "Cancel" option or by contacting us at: [email protected]
4.4 Delinquent Accounts
PreBuilt Marketing may suspend or terminate access to the Service for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
5.1 Permission to Use
Subject to your complete and ongoing compliance with these Terms, PreBuilt Marketing grants you limited, non-transferable, non-sublicensable, revocable permission to access and use the Service for your personal, internal use during the Term at the level of service for which you have paid all applicable Fees.
5.2 Restrictions
Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it. You may not use the Service on behalf of any third party, or in a service bureau or similar capacity.
5.3 Feedback
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant PreBuilt Marketing an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
The Service is owned and operated by PreBuilt Marketing, LLC. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, templates, and all other elements of the Service (“Materials”) provided by PreBuilt Marketing are protected by intellectual property and other laws. All Materials included in the Service are the property of PreBuilt Marketing or its third party licensors. Except as expressly authorized by PreBuilt Marketing, you may not make use of the Materials. PreBuilt Marketing reserves all rights to the Materials not granted expressly in these Terms.
7.1 Third Party Services and Linked Websites
PreBuilt Marketing provides tools through the Service that enable you to import and export information, including User Content, to and from third party services, including through features that allow you to link your account on PreBuilt Marketing with an account on a third party social network service, such as Twitter or Facebook. By using one of these tools, you agree that PreBuilt Marketing may transfer that information to and from the applicable third party service. Third party services are not under PreBuilt Marketing’s control, and PreBuilt Marketing is not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under PreBuilt Marketing’s control, and PreBuilt Marketing is not responsible for their content.
7.2 Third Party Software
The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.
8.1 User Content Generally
Certain features of the Service may permit users to upload content to the Service, including social media posts and other content which may be comprised of messages, reviews, photos, video, images, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service. Nevertheless, we need certain permission from you in order to provide the Service.
8.2 Limited License Grant to PreBuilt Marketing
By providing User Content to or via the Service, you grant PreBuilt Marketing a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
8.3 Limited License Grant to Other Users
By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
8.4 User Content Representations and Warranties
PreBuilt Marketing disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:
The following serves as a guide to help illustrate generally the types of content that fall within the scope of PreBuilt Marketing’s policy on Hateful Content, Threats of Physical Harm, and Harassment, but is not exhaustive. This Section 8.4(d) does not limit any of our other rights or remedies provided herein. For the avoidance of doubt, your User Content may not include, and PreBuilt Marketing may remove or refuse to publish or promote any User Content that violates the terms or policies of any third party platform with which PreBuilt Marketing’s Services integrate or interoperate.
Hateful Content includes:
A Threat of Physical Harm includes:
Harassment includes:
We reserve the right to suspend or terminate accounts and remove individual posts which contain Hateful Content, a Threat of Physical Harm, or Harassment.
We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:
Notwithstanding the foregoing, we reserve the right to screen, remove, edit, or block any User Content we find in violation of the Terms or that we find, in our sole discretion to be otherwise objectionable, at our sole discretion.
8.5 User Content Disclaimer
We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. PreBuilt Marketing may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against PreBuilt Marketing with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, PreBuilt Marketing does not permit copyright-infringing activities on the Service.
8.6 Monitoring Content
PreBuilt Marketing does not control and does not have any obligation to monitor: (a) User Content; (ii) any content made available by third parties; or (iii) the use of the Service by its users. You acknowledge and agree that PreBuilt Marketing reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time PreBuilt Marketing chooses to monitor the content, PreBuilt Marketing still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.
BY USING THE SERVICE YOU AGREE NOT TO:
10.1 DMCA Notification
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:
PreBuilt Marketing, LLC
ATTN: Legal Department (Copyright Notification)
P 284 C East Lake Mead Parkway PMB157
Ste 106 Las Vegas NV 89135
Email: [email protected]
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
10.2 Repeat Infringers
It is PreBuilt Marketing’s policy to promptly terminate the accounts of users that are determined by PreBuilt Marketing to be repeat infringers.
We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Modifications will become effective upon the earlier of (a) your acceptance of the modified Terms, (b) your use of the Service with actual knowledge of the modified Terms, or (c) thirty (30) days following our publication of the modified Terms through the Service. Except as expressly permitted in this Section 11, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
12.1 Term
These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 12.2.
12.2 Termination
If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, PreBuilt Marketing may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time as provided in Section 4.3 or by contacting customer service at [email protected].
12.3 Effect of Termination
Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay PreBuilt Marketing any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.3, 6, 12.3, 13, 14, 15, 16 and 17 will survive.
12.4 Modification of the Service
PreBuilt Marketing reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. PreBuilt Marketing will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service. Service fees are not refundable.
You are responsible for your use of the Service, and you will defend and indemnify PreBuilt Marketing and its officers, directors, employees, consultants, affiliates, independent brand partners, subsidiaries and agents (together, the “PreBuilt Marketing Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. PREBUILT MARKETING DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. PREBUILT MARKETING DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND PREBUILT MARKETING DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR PREBUILT MARKETING ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE PREBUILT MARKETING ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
HOWEVER, PREBUILT MARKETING DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT PREBUILT MARKETING IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE PREBUILT MARKETING ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY PREBUILT MARKETING ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 16.4(iii) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE PREBUILT MARKETING ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO PREBUILT MARKETING FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $127.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 15 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
16.1 Generally
In the interest of resolving disputes between you and PreBuilt Marketing in the most expedient and cost effective manner, and except as described in Section 16.2, you and PreBuilt Marketing agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PREBUILT MARKETING ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
16.2 Exceptions
Despite the provisions of Section 16.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
16.3 Arbitrator
Any arbitration between you and PreBuilt Marketing will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting PreBuilt Marketing. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
16.4 Notice of Arbitration; Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). PreBuilt Marketing’s address for Notice is: PreBuilt Marketing, LLC, 3595 S Town Center Dr Ste 106, Las Vegas NV 89135. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or PreBuilt Marketing may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or PreBuilt Marketing must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, PreBuilt Marketing will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by PreBuilt Marketing in settlement of the dispute prior to the arbitrator’s award; or (iii) $10,000.
16.5 Fees
If you commence arbitration in accordance with these Terms, PreBuilt Marketing will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Ellis County, Texas, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse PreBuilt Marketing for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
16.6 No Class Actions
YOU AND PREBUILT MARKETING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and PreBuilt Marketing agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
16.7 Modifications to this Arbitration Provision
If PreBuilt Marketing makes any future change to this arbitration provision, other than a change to PreBuilt Marketing’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to PreBuilt Marketing’s address for Notice of Arbitration, in which case your account with PreBuilt Marketing will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
16.8 Enforceability
If Section 16.6 is found to be unenforceable or if the entirety of this Section 16 is found to be unenforceable, then the entirety of this Section 16 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 17.1 will govern any action arising out of or related to these Terms.
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and PreBuilt Marketing regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
17.1 Governing Law
These Terms are governed by the laws of the State of Nevada without regard to conflict of law principles. You and PreBuilt Marketing submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Clark County, Nevada for resolution of any lawsuit or court proceeding permitted under these Terms.
17.2 Consent to Electronic Communications
By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
17.3 Contact Information
The Service is offered by PreBuilt Marketing, LLC located at 3595 S Town Center Dr Ste 106, Las Vegas NV 89135. You may contact us by sending correspondence to that address or by emailing us at [email protected]. You can access a copy of these Terms by clicking here: http://www.prebuiltmarketing.com/terms-of-use
17.5 International Use
The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited
PreBuilt Marketing, LLC™ and its affiliates (the “Company”, “we”, “us”, “our”) together are committed to protecting the privacy of individuals who visit the Company’s websites (www.prebuiltmarketing.com). This Privacy Policy describes the ways we collect information when you visit our website, how we use the information, and the choices you have with how we use this information. By visiting, using or inputting information into the Company’s websites, you are accepting and consenting to the practices described in this Privacy Policy and also described in our Terms of Use available here http://www.prebuiltmarketing.com You can choose not to provide certain information when using our websites, which will result in you not being able to take advantage of many of its features.
Categories of Information We Collect and How We May Use It
Aggregated Data
Through visiting or using our websites, we may collect information about you in various ways using device finger printing and other analytics (including IP address identification and cookies). Some examples include:
The above data is aggregated with data we collect from other visitors to our websites (“Aggregated Data”). The Company takes reasonable measures to ensure Aggregated Data is de-identified and shall not attempt to re-identify such data. The Company may use Aggregated Data as a statistical measure and not in a manner that would identify you personally. Aggregated Data enables us to improve our websites, increase the effectiveness of our marketing campaigns and target marketing to certain individuals, among other benefits. The Company may make use of, or make such Aggregated Data available to, third parties, in any manner in our sole discretion. In the event the Company does disclose Aggregated Data to third parties, the Company shall generally prohibit such third parties from re-identifying such data.
Note that if the Company is able to identify that you are located in the European Union when visiting or using our websites, you will be prompted to provide your consent in order for cookies to track and communicate certain information about you back to the Company. If you do not provide your consent, no cookies, web beacons, or other tracking devices will be permitted to attach to your information.
Personal Information
You may voluntarily disclose personal information to us in the event you choose to use the “Contact Us” link, “Live Chat Messages” portion of our websites, or when purchasing, accessing or using services provided through our websites. Any personal information you submit through our websites will not be disclosed to third parties without your permission and generally will be utilized only to respond to your requests.
We may use your information to process your service requests, handle orders, deliver services, process payments, communicate with you about orders, provide access to secure areas of the websites, recommend services we offer that might be of interest to you, to personalize your visit to our websites, and to enable us to review, develop, and continually improve the services we provide online. We also use this information to prevent or detect fraud or abuses of our websites and to enable third parties to carry out technical, logistical or other functions on our behalf.
Financial Information and payment card details
You may submit your financial information, such as credit card or bank account numbers, through our websites or when using the PreBuilt Marketing service in order to pay for our services. Any financial information we receive is transferred over a secure connection. We will not release any financial information to a third party unless such party is directly involved in processing the applicable payment transaction. When we use third party service providers for credit card processing services we will enter into a written agreement with such third party ensuring appropriate security and confidentiality measures are in place in order to safeguard your personal data.
Links to Non-affiliated Websites
We may provide links to third-party websites for your convenience and information. The privacy practices of those sites may differ from the Company’s practices and are not controlled by the Company, nor covered by this Privacy Policy. We encourage you to review a third party’s privacy policy before submitting your personal data.
Sensitive Information
The Company will not intentionally collect or maintain, and do not want you to provide, any information regarding your medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs or other sensitive information.
Children’s Online Privacy Protection
Our websites are not designed for or directed to children under the age of 18. If you are a parent who believes we have collected information regarding your child under age 18, please contact us at [email protected] to request deletion of such information from our records. We will respond to your request as soon as reasonably practicable, but no later than 5 calendar days after your request.
Browser Do-Not-Track Signals
The Company’s policy regarding “do-not-track” signals is available here http:// www.prebuiltmarketing.com.
Currently, various browsers – including Internet Explorer, Firefox, and Safari – offer a “do-not-track” or “DNT” option that relies on a technology known as a DNT header, which sends a signal to websites visited by the user about the user’s browser DNT preference setting. If the Company’s websites and Services detect a web-browser “do-not-track” signal, it will immediately respond to such signals by ceasing to track such user. The Company’s websites and Services can only control its own tracking and not that of any third-party that may be monitoring the Company’s websites.
Opt Out of Communications
We offer you a choice in how we communicate with you. If we obtain personal information about you as described above, we may contact you in regard to transactional and/or marketing/non-transactional communications. The Company’s marketing emails will always comply with laws such as CAN-SPAM. You can manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link at the bottom of the applicable message or by contacting us at [email protected].
Security
The Company implements administrative, technical, and physical safeguards to help protect personal information we obtain against loss, theft, and misuse as well as unauthorized access, disclosure, alteration, and destruction. While we follow generally accepted standards to protect information, including the use of secure socket layer (SSL) technology, no method of storage or transmission is 100% secure. We store information you provide to us on a computer system located in a controlled facility with limited access. Visitor textual information is encrypted during transmission and our databases are accessible only by the Company’s employees, contractors and agents on a need to know basis and who have entered into and are bound by a confidentiality and nondisclosure agreement with the Company. The Company generally requires third parties to keep all personally identifiable information related to our customers secure and prohibits the use of personally identifiable information for direct marketing or any other purposes not authorized by the Company.
Policy Changes
The Company reserves the right to change, supplement, or update this Privacy Policy. The Company will provide notification of any material changes to this Privacy Policy through the Company’s websites at least 30 calendar days prior to the changes taking effect.
If you have questions regarding this Privacy Policy please contact us at:
PreBuilt Marketing, LLC,
284 C East Lake Mead Parkway PMB157
Henderson NV 89012
Effective Date: