Prism Consulting, Inc. Terms of Use

Our sites include a combination of content that we create, that our partners create and that our users create. All materials published on our sites, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips and flash animation, are protected by our copyrights or trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display or in any way exploit any of the materials or content or our sites in whole or in part. If you would like to request permission to use any of the content on our sites, please review our copyright notice. You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, email, transmit or otherwise make available on our sites ("Your Content"). You certify that you own all intellectual property rights in Your Content, or you have the right or license to share such content. We do not guarantee the accuracy, integrity or quality of the content on our sites. You may not rely on any of this content. Without limitation, we are not responsible for any content entered by our user. Our sites may contain information about products and services offered by third parties, including product specifications, pricing, availability, performance and editorial commentary. You may be exposed to content that you find offensive, indecent, objectionable or that is inaccurate and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.

Our sites contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours and we are not responsible for any changes to or content on them. Our inclusion on our sites of any third party content or a link to a third party site is not an endorsement of that content or third party site. We disclaim any responsibility for or liability related to any products or services referenced on any of our sites. Your correspondence or related activities with third parties, including payment transactions and goods delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints or claims related to any product or service should be directed to the appropriate vendor.

All of the information that we collect from you is subject to our privacy policy. Please click here to see our full privacy policy.

If we request registration information from you, you will provide us with true, accurate, current and complete information. You will promptly update your registration to keep it accurate, current and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements. The technology and software underlying our sites and the Services is the property of Prism Consulting, Inc., our affiliates and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in or otherwise transfer any right to the technology or software underlying our sites or the Services. You agree not to modify the software underlying our sites in any manner or form, or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our sites. Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:

1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others
2. Publish, post, upload, email, distribute or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content
3. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment
4. Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so
5. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters
6. Download any file that you know or reasonably should know, cannot be legally obtained in such manner
7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material
8. Restrict or inhibit any other user from using and enjoying any public area within our sites
9. Collect or store personal information about other end users
10. Interfere with or disrupt our sites, servers or networks
11. Impersonate any person or entity, including, but not limited to, a Prism Consulting, Inc. representative, or falsely state or otherwise misrepresent your affiliation with a person or entity
12. Forge headers, manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites, or to manipulate your presence on our sites
13. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure
14. Engage in any illegal activities

You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums"), only to send and receive messages and material that are proper and related to that particular Forum. If you choose a username that, in our sole discretion, is obscene, indecent, abusive or which might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our sites, deny you access to our sites, or any combination of these options. Unauthorized access to our sites is a breach of these Terms and a violation of the law. You agree not to access our sites by any means other than through the interface that is provided by Prism Consulting, Inc. for use in accessing our sites. You agree not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy any part of our sites except those automated means that we have approved in advance and in writing. Use of our sites is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our sites.

If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please review our copyright notice.

You hereby agree to indemnify, defend and hold Prism Consulting, Inc., and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners and licensors (collectively, the "Prism Consulting, Inc. Parties") harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by any Prism Consulting, Inc. Party in connection with any claim including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement or trademark infringement arising out of:

1. Your use of our sites
2. Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you
3. The content, quality or performance of content that you submit to our sites
4. Your connection to our sites
5. Your violation of these Terms or
6. Your violation of the rights of any other person or entity

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

We disclaim any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our sites. We disclaim any responsibility for service outages that are caused by our maintenance on the servers or the technology that underlies our sites, failures of our service providers (including telecommunications, hosting and power providers) computer viruses, natural disasters or other destruction or damage of our facilities, an act of nature, war, civil disturbance or other cause beyond our reasonable control WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT OR ANY OF OUR SERVICES, TOOLS, PRODUCTS OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF OUR SITES AND THE ACCURACY OR COMPLETENESS OF THEIR CONTENT. NONE OF OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Prism Consulting, Inc. may elect to resolve any controversy or claim arising out of or relating to these Terms or our sites by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Michigan, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Michigan necessary to protect the rights or property of you or Prism Consulting, Inc. (or its agents, suppliers, and subcontractors) pending the completion of arbitration.

We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our sites or delivering them to you through email. You may update your email address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting Prism Consulting, Inc., PO Box 1845, Midland MI, 48641. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms, including all terms, conditions and policies that are incorporated into these terms by reference, constitute the entire agreement between you and Prism Consulting, Inc. and govern your use of our sites, superceding any prior agreements that you may have with us. These Terms shall be construed in accordance with the laws of the State of Michigan, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Michigan if seeking interim or preliminary relief or enforcement of an arbitration award. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.