Home > Terms and Conditions
TERMS AND
CONDITIONS
1. INTRODUCTION.
Welcome to the web
site (www.myrtle-beach.com) for True Prism or this
True Prism client (Myrtle-Beach).
2. ACCESS TO THE
SITE.
BY
ACCESSING, BROWSING AND/OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU
HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS AND
CONDITIONS OF USE ("TERMS AND CONDITIONS OF USE") INCLUDING THE PRIVACY
POLICY ("PRIVACY POLICY") (COLLECTIVELY THE "TERMS") AND TO COMPLY WITH
ALL APPLICABLE U.S. LAWS AND REGULATIONS. In addition, you
hereby represent and certify that you are at least eighteen (18) years
of age. If you do not or cannot agree to the Terms, you are not
authorized to use the Site or any of the services offered through the
Site. Owner reserves the right, in its sole discretion, to update,
revise, supplement and to otherwise modify these Terms, and to impose
new or additional terms and conditions on your use of the Site from
time to time. Such updates, revisions, supplements, modifications and
additional rules, policies, terms and conditions (collectively referred
to in these Terms as "Additional
Terms") shall be effective immediately and incorporated
into these Terms upon notice thereof, which may be given by any
reasonable means including by posting to the Site. Your continued
viewing or use of the Site following such notice shall be deemed to
conclusively indicate your acceptance of any and all such Additional
Terms.
3.
ACCEPTABLE USE OF THE SITE.
In order to use the
Site, you must obtain access to the Internet and pay any and all
service fees associated with such access.
(a) Individual Use. You
agree that you are only authorized to visit, view and to retain a
single copy of pages of the Site for your own internal use and not on
behalf of any other person or entities, and that you shall not
duplicate, download, publish, modify or otherwise distribute any
material on the Site for any purpose other than for your own internal
use unless otherwise specifically authorized by Owner in writing. Owner
posts legal notices and various credits on pages of the Site, which you
shall not remove even in your permitted
copies.
(b)
Deep Links; Linking. You agree not to "deep-link" to the
Site, meaning that you shall not create, post, display, publish or
distribute any link to any page other than the front (home) page of the
Site for any purpose, unless specifically authorized by Owner in
writing to do so. If you do want to link to the Site in any manner, you
may contact the Owner Webmaster at the address on their site, or True
Prism at support@trueprism.com
to seek approval.
(c) Framing. You agree not to create any frames
at any other web sites pertaining to or using any of the content
located at the Site for any purpose, unless specifically authorized by
Owner in writing to do so.
(d) Security, Cracking and
Hacking. You are prohibited from violating or attempting
to violate the security of the Site. Accordingly, you agree not to: (i)
access data or materials not intended for you; (ii) log into a server
or account which you are not authorized to access; (iii) attempt to
probe, scan or test the vulnerability of a system or network or to
breach security or authentication measures without proper
authorization; or (iv) attempt to interfere with service to any user,
host or network, including without limitation, by means of submitting a
virus to the Site, overloading, "flooding", "mailbombing" or "crashing"
the Site. Violations of system or network security may result in civil
or criminal liability. Owner reserves the right to investigate
occurrences which may involve such violations and may involve, and
cooperate with, law enforcement authorities in prosecuting users who
have participated in such violations. You understand that data and
communications, including e-mail and other electronic communications,
may be accessed by unauthorized third parties when communicated over
the Internet.
(e) You Are Responsible For All of Your Activities and All of
The Content You Post or Submit. You represent and warrant
that any information and/or material you post or provide to Owner by
means of the Site, including, without limitation, as part of any
registration or subscription or to gain access to or use any services
offered on the Site ("Submissions"), is truthful, accurate, not
misleading, not confidential property of others, not in violation of
any other third party's rights and offered in good faith. You agree NOT
to use the Site for or in connection with any of the following
activities: (i) transmitting or relaying spam, spoofing or otherwise
impersonating any person or entity, or falsely stating or otherwise
misrepresenting your identity or affiliation in any way; (ii) using the
Site for any fraudulent or illegal purpose; (iii) e-mailing, uploading,
or otherwise transmitting or using the Site in furtherance of the use,
distribution or transmission of any unlawful, harassing, defamatory,
tortious, libelous, sexually explicit, obscene, hateful, racially,
ethnically or otherwise objectionable material of any kind; and (iv)
transmitting material that contains viruses, Trojan horses, worms, time
bombs, cancelbots or other computer programming routines or engines
that are intended to damage, destroy, disrupt or otherwise impair a
computer's functionality or the operation of the
Site.
(f)
Information Disclosed via the Site. IN ADDITION TO ANY
OTHER WARRANTY DISCLAIMER PROVIDED IN THE TERMS, ANY INFORMATION
DISCLOSED TO YOU VIA THE SITE INCLUDING, WITHOUT LIMITATION, ANY
CONTENT, PRODUCT RECOMMENDATIONS, PRODUCT DESCRIPTIONS, PRODUCT SAFETY
AND/OR EFFECTIVENESS MATERIALS, ARE NOT OFFERED WITH ANY WARRANTY OR
REPRESENTATION AS TO ABILITY, ACCURACY, PERFORMANCE OR SUITABILITY FOR
YOUR INTENDED PURPOSE OR COMPLIANCE WITH APPLICABLE LAW. OWNER ASSUMES
NO RESPONSIBILITY, AND DISCLAIMS ANY LIABILITY FOR, ANY HARM, ILLNESS,
EVENT, OR INJURY RESULTING FROM USING ANY PRODUCTS OR USING ANY
SERVICES OR FOLLOWING ANY ADVICE CONTAINED ON THIS
SITE.
(g) Do
Not Violate Third Party Intellectual Property Rights.
Without limiting the foregoing, you shall not, and by using the Site
you agree not to, use the Site to: (i) transmit or post any Submissions
that are copyrighted, unless you are the copyright owner or have
obtained the permission of the copyright owner to transmit it and are
authorized to do so by Owner; (ii) transmit or post any Submissions
that reveal trade secrets, unless you own them or have the permission
of the owner to so transmit them; or (iii) transmit or post any
Submissions that infringe on any Intellectual Property Rights (as
defined below) of others or violates the privacy or rights of publicity
of others. Furthermore, unless otherwise expressly provided, you
acknowledge and agree that: (a) all Submissions shall become property
of Owner; (b) Owner has the right to publish the Submissions for any
type of use including for promotional and advertising purposes, in
accordance with the terms set forth in the Privacy Policy, without
compensation to you of any kind; (c) any Submissions that you submit to
any part of the Site are non-confidential for all purposes; and (d)
that if you make any such Submission, you automatically grant,
represent and warrant that the owner of such content has expressly
granted Owner a royalty-free, perpetual, irrevocable, world-wide
exclusive license to use the Submissions in any manner, media or form
now known or hereafter developed. Owner shall have the right to
sublicense its rights. The term "Intellectual Property Rights" shall
mean, collectively, rights under patent, trademark, copyright and trade
secret laws, and any other intellectual property or proprietary rights
recognized in any country or jurisdiction worldwide, including, without
limitation, moral rights and similar
rights.
(h)
Ownership. Owner puts content on the Site for you as user
of the site, to examine from time to time including, without
limitation, text, graphics, photographs, pictures, drawings, animation,
audio, video, literature and any other material distributed by Owner
on, through or in connection with the Site. Moreover, Owner attempts to
display the content in a way that will be easily accessible and useful
for you, the user. All content and materials on the Site including,
without limitation, text, graphics, logos, button icons, images, audio
clips and software included in the Site and any services offered on the
Site, are the property of Owner, its sponsors or business affiliates,
and/or their respective licensors, and are subject to U.S. and
international Intellectual Property Rights laws. The compilation of all
content on the Site is the exclusive property of Owner and is protected
by U.S. and international copyright laws. All software used on the Site
is the property of Owner or its licensors and is subject to U.S. and
international copyright laws. Except to the minimum extent otherwise
expressly permitted under copyright law, no copying or exploitation of
material from the Site is permitted except expressly in accordance with
these Terms or with the express written permission of Owner and any
other applicable copyright owner. You acknowledge that you do not
acquire any ownership rights by virtue of downloading copyrighted
material from the Site. All rights not expressly granted hereunder are
expressly reserved to Owner.
4. WARRANTY
DISCLAIMER.
THE CONTENT, SERVICES, INFORMATION
AND ACCESS TO THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, SATISFACTORY QUALITY AND NONINFRINGEMENT. OWNER DOES NOT
WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR
ERROR?FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE
SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS OR THAT TRANSMISSION TO OR FROM THE SITE AND ACCESS TO THE
SITE WILL BE UNINTERRUPTED, CONTINUOUS OR ERROR-FREE. OWNER DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF
THE USE OF THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU SHOULD THEREFORE VERIFY ANY INFORMATION
OBTAINED FROM THE SITE BEFORE ACTING ON IT.
EXCEPT AS
OTHERWISE EXPRESSLY PROVIDED, OWNER EXPRESSLY DISCLAIMS ANY
RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION,
PRODUCTS, SERVICES OR MERCHANDISE FOUND ON THIRD PARTY SITES THAT LINK
TO OR FROM THE SITE. OWNER DISCLAIMS ANY RESPONSIBILITY FOR PRODUCT OR
SERVICE ORDERING FUNCTIONS, ORDER FULFILLMENT OR COMPLIANCE OF PRODUCTS
OR SERVICES WITH ANY MANUFACTURER'S WARRANTIES OR SPECIFICATIONS. OWNER
CANNOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD PARTY
SITES AND/OR RELATED SERVICES NOR DOES OWNER MAKE ANY REPRESENTATIONS
OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION YOU MIGHT BE
REQUESTED TO GIVE TO THIRD PARTY SITES.
5. LIMITATION OF
LIABILITY.
YOUR USE OF THE SITE IS AT YOUR OWN
RISK. TO THE FURTHEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES
INCLUDING, WITHOUT LIMITATION, OWNER'S NEGLIGENCE, SHALL OWNER, ITS
AFFILIATES, RELATED ENTITIES, VENDORS OR CONTENT PROVIDERS, BE
RESPONSIBLE OR LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION,
DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY AND/OR
INCIDENTAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THE
SITE, ANY CONTENT AND/OR ANY RELATED SOFTWARE, EVEN IF OWNER OR AN
AUTHORIZED OWNER REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS,
IN THE EVENT THE TERMS OF THIS SECTION, OR ANY PART OF THIS SECTION,
SHALL BE HELD INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT
JURISDICTION, IN NO EVENT SHALL OWNER'S TOTAL LIABILITY TO YOU, OR
ANYONE CLAIMING BY OR THROUGH YOU, FOR ANY DAMAGES, LOSSES, CLAIMS
AND/OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR
OTHERWISE EXCEED ONE DOLLAR ($1.00).
6.
INDEMNIFICATION.
You shall indemnify, defend and
hold harmless Owner and its sponsors, business affiliates, vendors,
content providers, subsidiaries, related entities, affiliates,
officers, directors, employees, attorneys and agents, from and against
any and all damages, claims and actions brought by you or any third
party resulting from your use of the site in violation of these terms
or the infringement by you of any intellectual property rights of any
person or entity.
7. GOVERNING LAW AND ARBITRATION.
The
laws of the State of South Carolina (excluding any principles of
conflicts of laws) govern your use of the Site, the services and these
Terms. You agree that the parties shall settle any claim or dispute
relating to these Terms by binding arbitration in Charleston, South
Carolina under the Commercial Arbitration Rules of the American
Arbitration Association. To the fullest extent permitted by applicable
law, no arbitration under these Terms shall be joined to an arbitration
involving any other party subject to these Terms, whether through class
arbitration proceedings or otherwise. NOTWITHSTANDING THE DISPUTE
RESOLUTION REQUIREMENTS SET FORTH ABOVE, FOR ANY INJUNCTIVE RELIEF
RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE INCLUDING, WITHOUT
LIMITATION, RELATED SERVICES, YOU AGREE AND HEREBY SUBMIT TO THE
EXCLUSIVE JURISDICTION AND VENUE OF THE APPROPRIATE STATE OR FEDERAL
COURTS LOCATED IN CHARLESTON COUNTY, SOUTH CAROLINA,
U.S.A.
8.
WAIVER AND SEVERABILITY.
Furthermore, no delay or
omission by Owner to exercise any right or any noncompliance on your
part with respect to the Terms shall impair any such right or be
construed to be a waiver by Owner. If any provision of the Terms is
found by a court of competent jurisdiction to be invalid or
unenforceable in whole or in part, such provision shall, as to such
jurisdiction, be ineffective to the extent of such invalidity or
unenforceability without in any manner affecting the validity or
enforceability thereof in any other jurisdiction or the remaining
provisions hereof in any jurisdiction, provided, however, if such
invalid or unenforceable provision may be modified so as to be valid
and enforceable as a matter of law, such provision will be deemed to
have been modified so as to be valid and enforceable to the maximum
extent permitted by law.
9. CONTRACT
ELECTRONICALLY
You agree that the Terms, combined
with your act of using the Site and/or the services offered on or
through the Site have the same legal force and effect as a written
contract with your written signature and satisfy any laws that require
a writing or signature, including any applicable Statute of Frauds. You
further agree that you shall not challenge the validity, enforceability
or admissibility of the Terms on the grounds that it was electronically
transmitted or authorized. In addition, you acknowledge that you have
had the opportunity to print the Terms.