Terms and Conditions
THESE TERMS AND CONDITIONS (THE “TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND PRYMO, LLC. ("PRYMO, LLC", “PRYMO AI”, “PRYMO”, “WE” OR “US”). THESE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE LOCATED AT THE URL: HTTP://WWW.PRYMO.AI AS WELL AS ALL ASSOCIATED SITES PROVIDED BY PRYMO, ITS SUBSIDIARIES, AND AFFILIATED COMPANIES (COLLECTIVELY, THE “SITE”). BY USING THIS SITE OR REGISTERING TO USE THE SERVICES OFFERED THROUGH THE SITE (“SERVICES”), YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, ANY SERVICES OR ANY INFORMATION CONTAINED ON THIS SITE.
NOTE:THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH PRYMO. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
Changes
Prymo may make changes to the content and Services offered on or through the Site at any time. Prymo can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on this Site and, if you are a current Subscriber (as defined below), emailing you at the email address associated with your registered account. By using this Site after Prymo has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site and Services.
General Use
By using this Site and/or Services, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years you may not use the Site or Services at any time or in any manner or submit any information to Prymo or the Site.
Prymo provides content on the Site and through the Services that is the copyrighted and/or trademarked work of Prymo, Prymo’s third-party licensors and suppliers or other users of the Site (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.
Subject to your compliance with these Terms, Prymo hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site and Services solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site, Services or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
Using the Site and the Services on the Site
You need not register with Prymo to simply visit and view the Site. However, in order to access certain password-restricted areas of the Site and to use the Services and certain Materials offered on and through the Site, you must register with Prymo for an account and receive a password.
Restricted Areas of this Site
Prymo administrators shall have the right to approve or reject the requested registration, in the Company’s sole discretion. If your account is approved by Prymo’s administrator, you will be notified and provided with Access Details such as username and password. The Access Details are for your own personal use only. You are responsible for maintaining the confidentiality of your Access Details and you are responsible for all activities that occur using your Access Details.
All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete and up to date.
Subscriptions
By registering for an account with Prymo and subscribing to use the Services, you become a “Subscriber” with access to certain password-restricted Services, Materials and areas of the Site (a “Subscription”). Subscriptions and the rights and privileges provided to a Subscriber are personal and non-transferable.
Discontinued Services
Certain Services sold by Prymo may require Prymo to host certain elements of such Services and to provide ongoing support services. Prymo reserves the right, in its sole discretion, to discontinue hosting, support and all other activities related to such Services at any time following 12 months from your initial purchase of such Services. Prior to such discontinuance, Prymo will provide you with at least 30 days prior notice. Such notice will be sent to the email address associated with your account, so it is your responsibility to update as necessary the email address associated with your account. Notwithstanding the foregoing, Prymo shall only be required to provide such notice to users that have logged into the accounts associated with the Service to be discontinued within the period of 90 days prior to the date of notice of discontinuation. Upon discontinuation of a Service, Prymo may delete all databases associated with your use of the Service.
Payment and Purchases
You may pay for your Subscription fee with credit card. We or our payment processing partner will charge your credit card for your first Subscription fee on the date that we process your account registration (or if you sign-up for a Subscription that includes a free-trial period, we or our payment processing partner will charge your credit card for your first Subscription fee upon your upgrade to a paid Subscription). Once your credit card is charged the first Subscription fee (or if you sign-up for a Subscription that includes a free-trial period, once your order for your Subscription has been processed), you will receive a confirmation e-mail notifying you of your ability to access the Services. All orders for services and products are subject to acceptance by Prymo. Prymo may refuse to accept any order for any reason at Prymo’s sole discretion. Additionally, Prymo may cancel any order for any reason at any time, even after acceptance, and refund the associated payments.
IMPORTANT NOTICE:
PRYMO WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION ON YOUR MONTHLY OR YEARLY ANNIVERSARY DATE AND, AS AUTHORIZED BY YOU DURING THE SUBSCRIPTION SIGN-UP PROCESS, PRYMO OR OUR PAYMENT PROCESSING PARTNER WILL CHARGE YOUR CREDIT CARD WITH THE APPLICABLE MONTHLY OR YEARLY SUBSCRIPTION FEE (UNLESS YOU CANCEL PRIOR TO THE ANNIVERSARY DATE) ON EACH SUBSEQUENT ANNIVERSARY DATE. FOR PURPOSES OF THIS SECTION, “ANNIVERSARY DATE” MEANS THE DATE OF THE MONTH OR THE YEAR, DEPENDING ON YOUR SUBSCRIPTION, YOU INITIALLY REGISTERED AS A PAID SUBSCRIBER. IF YOUR ANNIVERSARY DATE IS DATE IN A CALENDAR MONTH WHICH DOES EXIST IN EVERY CALENDAR MONTH, THEN, IN MONTHS THAT DO NOT HAVE THAT DATE, YOUR ANNIVERSARY DATE WILL BE THE 28TH OF EACH MONTH. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY CONTACTING SUPPORT AT: SALES@PRYMO.AI. PRYMO REQUIRES A REASONABLE AMOUNT OF TIME TO PROCESS YOUR SUBSCRIPTION CANCELLATION REQUEST. IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL ENJOY YOUR SUBSCRIPTION BENEFITS UNTIL THE END OF THE MONTH YOU CANCELED, AND YOUR SUBSCRIPTION BENEFITS WILL EXPIRE AT THE END OF THAT MONTH.
If applicable, you agree to pay all fees or charges to your account related to your purchase of additional products or services based on Prymo’s fees, charges, and billing terms in effect as shown in these Terms of Use. If you do not pay on time or if Prymo or our payment processing partner cannot charge your credit card for any reason, Prymo reserves the right to either suspend or terminate your access to the Site and Services and terminate these Terms. You are expressly agreeing that Prymo and/or our payment processing partner is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Site and Services and the fees will be billed to your credit card, and thereafter at regular intervals for the remainder of the term of these Terms. Unless expressly provided otherwise by Prymo, if you cancel your account or Subscription at any time, you will not receive any refund. However, even if Prymo’s policy for a certain service or product allows for a refund, if Prymo determines that your purchase was initiated with the intent of benefiting from the purchase and then requesting a refund (which might be indicated by multiple refund requests), then Prymo may refuse to grant you a refund under such circumstances. If you have a balance due on any account, you agree that Prymo or our payment processing partner may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. You will be liable for paying any and all applicable sales and use taxes for the purchase of your Subscription or any other Prymo products or services based on the mailing address that you provide when you register, and you authorize Prymo or our payment processing partner to charge your credit card for any such applicable taxes.
Refunds
ALL PURCHASES OF SUBSCRIPTIONS, SERVICES AND OTHER PRODUCTS FROM PRYMO ARE FINAL AND NO REFUNDS ARE AVAILABLE, UNLESS OTHERWISE EXPRESSLY PROVIDED FOR ON OUR WEBSITE OR IF PRYMO CANCELS YOUR ORDER.
While Prymo attempts to create the highest quality Services, the actual benefits realized by customers may vary depending upon a number of variables, including customer efforts and initiative. You agree not to initiate any charge-back on fees you have paid to Prymo, unless you did not actually receive the Services that you ordered. To submit a refund request, please send a dedicated email to sales@prymo.ai stating which product you would like to refund. Please allow at least one business day for a reply.
Cancellations
If you cancel your account or Service at any time, you will not receive any refund. However, even if Prymo’s policy for a certain service allows for a refund, if Prymo determines that your purchase was initiated with the intent of benefiting from the purchase and then requesting a refund (which might be indicated by multiple refund requests), then Prymo may refuse to grant you a refund under such circumstances.
Electronic and Other Communications
By using the Site and/or the Services, you consent to receiving electronic and telephone communications from or on behalf of Prymo. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services (including offers and information about new Services). These electronic communications are part of your relationship with Prymo. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Third Party Content
Certain Materials may be provided by third party licensors and suppliers to Prymo (“Third Party Content”). Such Third Party Content is, in each case, the copyrighted work of the creator/licensor. Unless you have permission from the owner of the Third Party Content, you agree to use such Third Party Content pursuant to the applicable licenses of such Third Party Content. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. PRYMO DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
Links to Third Party Sites
This Site and/or the Services may be linked to other web sites that are not Prymo sites (collectively, “Third Party Sites”). In certain situations, you may be transferred to a Third Party Site through a link but it may appear that you are still on the Site or using the Services. In any case, you acknowledge and agree that the Third Party Sites may have different privacy policies, terms and conditions and/or user guides and business practices than Prymo, and you further acknowledge and agree that your use of such Third Party Sites is governed by the applicable Third Party Web Site privacy policy, terms and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, users guides and privacy policies of any of Third Party Sites. Prymo is providing links to the Third Party Sites to you as a convenience, and Prymo does not verify, make any representations or take responsibility for such Third Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third Party Sites. Unless expressly stated on the Site or in the Services, links to Third Party Sites should in no way be considered as or interpreted to be Prymo endorsement of such Third Party Site or any product or service offered through it.
YOU AGREE THAT PRYMO WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY WEB SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.
Proprietary Rights
Prymo and third party trademarks and service marks may or may not be designated as such from time-to-time through the SM, TM or ® symbols. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, re-transmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Submitting a Digital Millennium Copyright Act (“DMCA”) Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to Prymo designated agent that includes all of the following information:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Prymo may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Disclaimer of Warranties
Your use of the Site and Services is at your own risk. The Materials have not been verified or authenticated in whole or in part by Prymo, and they may include inaccuracies or typographical or other errors. Prymo does not warrant the accuracy of timeliness of the Materials contained on this Site or obtained through the Services. Prymo has no liability for any errors or omissions in the Materials, whether provided by Prymo, our licensors or suppliers or other users.
PRYMO, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, OR ANY MATERIALS, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, AND MATERIALS AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE OR THROUGH THE SERVICES IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. PRYMO DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE AND/OR ANY SERVICE. YOU UNDERSTAND THAT PRYMO DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES. PRYMO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS OR ENTITIES WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR ANY SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OR CONDUCT BUSINESS OFFLINE OR IN PERSON.
Limitation of Liability
PRYMO SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE OR THE SERVICES. IN NO EVENT SHALL PRYMO BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF PRYMO KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Feedback
If you send or transmit any communications, comments, questions, suggestions, or related materials to Prymo, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, any Services or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Prymo is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Prymo is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Dispute Resolution and Arbitration; Class Action Waiver
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us via our support center at sales@prymo.ai. This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and Prymo. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
Please read this Provision carefully.
It provides that all Disputes between you and Prymo shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Provision, “THE COMPANY” means Prymo and its parents, subsidiaries, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and THE COMPANY regarding any aspect of your relationship with THE COMPANY, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as THE COMPANY’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all disputes, whether pursued in court or arbitration, you must first give THE COMPANY an opportunity to resolve the Dispute. You must commence this process by e-mailing a written notification to sales@prymo.ai. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If THE COMPANY does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or THE COMPANY may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Provision by sending a written notification to sales@prymo.ai. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with THE COMPANY through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with THE COMPANY. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
Arbitration Procedures
If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or THE COMPANY may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Site, Services and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or THE COMPANY may initiate arbitration in either the State of Utah or the federal judicial district that includes your billing address. In the event that you select the federal judicial district that includes your billing address, THE COMPANY may transfer the arbitration to New York in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs – THE COMPANY will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with THE COMPANY as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and THE COMPANY specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Site or Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
Jury Waiver
You understand and agree that by entering into this Agreement you and THE COMPANY are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and THE COMPANY might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
Severability
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
Continuation
This Provision shall survive the termination of your service with Prymo or its affiliates. Notwithstanding any provision in this Agreement to the contrary, we agree that if Prymo makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require Prymo to adhere to the language in this Provision if a dispute between us arises.
Waiver
The failure by any party to enforce any provision of this Agreement shall not be deemed to be in any way construed as a waiver of such provision, nor shall such failure prevent such party from enforcing each and every other provision of this Agreement thereafter.
Contact Information
The operator of this website can be reached at sales@prymo.ai