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Website Terms and Conditions and Terms of Service

These Terms of Service (“Terms”) govern your use of the website/Services provided by Primary Aimline, LLC its affiliates, subsidiaries, and divisions. (“we,” “us,” “our,” or “Primary Aimline”). These Terms are a binding legal agreement between you or the entity you represent (“you” or “your”) and Primary Aimline. “Services” means our website, mobile and/or web applications, any other Primary Aimline products or services that link to or reference these Terms. Services include without limitation any products and services provided through the website www.primaryaimline.com, and any content provided or licensed by Primary Aimline, A “user” is you or anyone who accesses, browses, or in any way uses the Site.

Please be aware that these Terms include, among other things, a binding arbitration provision that requires you to submit to binding and final arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. .

Please read these Terms carefully, as they may have changed. Though your access and use of the website. Note that we may revise and update these Terms from time to time in our discretion. If we make material changes to these Terms, we will notify you by posting an updated version on our website prior and updating the effective date of the changes.

 

Intellectual Property Rights

All content published and made available on our website, including but not limited to text, graphics, logos, images, and software, is the property of Primary Aimline or its content creators and is protected by intellectual property laws. Intellectual Property. Primary Aimline, LLC, its affiliates, subsidiaries and divisions have, or have rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, trade secrets, inventions, copyrights, licenses and other intellectual property rights and similar rights necessary or required for use in connection with their respective businesses as described herein and which the failure to so have could have a Material Adverse Effect (collectively, the “Intellectual Property Rights”). None of, and neither the Company’s nor any Subsidiary has received a notice (written or otherwise) that any of, the Intellectual Property Rights has expired, terminated or been abandoned, or is expected to expire or terminate or be abandoned, within two (2) years from the date of this website posting.. To the knowledge of the Company, all such Intellectual Property Rights are enforceable and there is no existing infringement by another Person of any of the Intellectual Property Rights. The Company and its Subsidiaries have taken reasonable security measures to protect the secrecy, confidentiality, and value of all of their intellectual properties, except where failure to do so could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Electronic Communications

Visiting www.primaryaimline.com or sending emails to PA constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

Use of Website

You may use our website for lawful purposes only.

You must not:

Republish material from the website without permission.

Sell, rent, or sub-license material from the website.

Reproduce, duplicate, copy, or otherwise exploit material for commercial purposes.

Engage in any activity that damages or disrupts the website.

User Accounts

When you create an account on our website, you agree to:

  • Provide accurate, current, and complete information.

  • Maintain the security of your password and account.

  • Notify us immediately of any unauthorized use of your account.

Children Under Thirteen

  • PA does not knowingly collect, either online or offline, personal information from people under the age of thirteen. If you are under eighteen, you may use www.primaryaimline.com only with the permission of a parent or guardian.

 

Links to Third Party Sites/Third Party Services

  • www.primaryaimline.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of PA and PA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. PA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PA of the site or any association with its operators.

 

  • Certain services made available via www.primaryaimline.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the  www.primaryaimline.com domain, you hereby acknowledge and consent that PA may share such information and data with any third party with whom PA has a contractual relationship to provide the requested product, service or functionality on behalf of www.primaryaimline.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

  • You are granted a non-exclusive, non-transferable, revocable license to access and use www.primaryaimline.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to PA that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

 

  • All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of PA or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

  • You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. PA content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of PA and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of PA or our licensors except as expressly authorized by these Terms.

 

Third Party Accounts

  • You will be able to connect your PA account to third party accounts. By connecting your PA account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.

 

International Users

  • The Service is controlled, operated, and administered by PA from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the PA Content accessed through www.primaryaimline.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

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  • You agree to indemnify, defend and hold harmless PA, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. PA reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with PA in asserting any available defenses.​

  • In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

  • Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and PA 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.

Liability Disclaimer

  • THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PRIMARY AIMLINE LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

  • PRIMARY AIMLINE LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. PRIMARY AIMLINE LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

 

  • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PRIMARY AIMLINE LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PRIMARY AIMLINE LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

  • PA reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida, and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

  • You agree that no joint venture, partnership, employment, or agency relationship exists between you and PA as a result of this agreement or use of the Site. PA's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of PA's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by PA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 agreement shall continue in effect.

 

  • Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and PA with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and PA with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

  • PA reserves the right, in its sole discretion, to change the Terms under which www.primaryaimline.com is offered. The most current version of the Terms will supersede all previous versions. PA encourages you to periodically review the Terms to stay informed of our updates.

 

 

  1. Limitation of Liability

Primary Aimline and its officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, or consequential damage resulting from your use of or inability to use the website.

    2. Third-Party Links

Our website may contain links to third-party websites. We do not control and are not responsible for the content, privacy policies, or practices of any third-party websites

     3. Privacy Policy

Your use of our website is also governed by our Privacy Policy, which can be found at (link to privacy policy page). Your use of www.primaryaimline.com is subject to PA's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

 

Changes to Terms and Conditions

We reserve the right to amend these Terms and Conditions at any time. Any changes will be posted on this page with an updated revision date.

Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of [Jurisdiction], and you submit to the exclusive jurisdiction of the courts located in [Jurisdiction] for the resolution of any disputes.

Contact Information

If you have any questions or concerns about these Terms and Conditions, please contact us at contracts@primaryaimline.com.

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