Terms of Use
Introduction
This website (the “Site”) is owned and operated by PriCyai Advisory LP for it and its subsidiaries (“PriCyai Advisory”,” “we” or “us”). By using the Site, you agree to be bound by these Terms of Use and to use the Site by these Terms of Use, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from PriCyai Advisory. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Use.
We reserve the right to change these Terms of Use or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Use on this website. The Effective Date of these Terms of Use shall be indicated on this document, so please ensure you check the terms from time to time. By continuing to use the Site after we post any such changes, you accept the Terms of Use, as modified.
We reserve the right to change these Terms of Use or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Use on this website. The Effective Date of these Terms of Use shall be indicated on this document, so please ensure you check the terms from time to time. By continuing to use the Site after we post any such changes, you accept the Terms of Use, as modified.
Intellectual Property Rights
This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Use or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
You acknowledge that PriCyai Advisory LP has the right but not the obligation to use and display any postings or contributions of any kind and that PriCyai Advisory LP may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
PriCyai Advisory LP, our affiliates or licensors reserve all intellectual property rights including those not expressly provided for in these Terms of Use.
You acknowledge that PriCyai Advisory LP has the right but not the obligation to use and display any postings or contributions of any kind and that PriCyai Advisory LP may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
PriCyai Advisory LP, our affiliates or licensors reserve all intellectual property rights including those not expressly provided for in these Terms of Use.
Unsolicited Ideas
PriCyai Advisory LP does not accept or consider unsolicited creative ideas, suggestions or materials. You agree that any creative ideas, suggestions or other materials you submit are to us – whether or not solicited by us – are not being submitted in confidence or trust, and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type. You further acknowledge that PriCyai Advisory LP may already have such ideas in use or in the planning stages for use.
Disclaimer of Warranties
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY PRICYAI ADVISORY LP AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Interactive Features and Rules
This Site may include a variety of features that allow feedback to and real-time interaction between us and members. We do not control the information posted by Members and are not responsible for the content of such information. It is a condition of your use of the Site that you do not:
• Restrict or inhibit any other user from using and enjoying the Site.
• Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
• Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
• Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
• Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
• Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
• Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
• Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
• Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
• Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
PriCyai Advisory LP may host message boards, chats, and other public forums on its Site. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. PriCyai Advisory LP or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by PriCyai Advisory LP’s staff, PriCyai Advisory’s outside contributors, or by users not connected with PriCyai Advisory LP, some of whom may employ anonymous user names. PriCyai Advisory LP expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of PriCyai Advisory LP or any of its subsidiaries or affiliates.
PriCyai Advisory LP has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
• Restrict or inhibit any other user from using and enjoying the Site.
• Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
• Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
• Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
• Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
• Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
• Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
• Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
• Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
• Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
PriCyai Advisory LP may host message boards, chats, and other public forums on its Site. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. PriCyai Advisory LP or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by PriCyai Advisory LP’s staff, PriCyai Advisory’s outside contributors, or by users not connected with PriCyai Advisory LP, some of whom may employ anonymous user names. PriCyai Advisory LP expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of PriCyai Advisory LP or any of its subsidiaries or affiliates.
PriCyai Advisory LP has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
Member Registration and Passwords
To access certain features of the Site, we may ask you to provide certain personal information, including your name, email address, telephone number and employment information. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
To use certain features of the Site, you may need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and ensuring that you exit from your account at the end of each session. You are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any suspected unauthorized use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information, and you may be held liable for any damage or prejudice that might affect PriCyai Advisory LP or third parties as a result of the incorrect use, loss or theft of your password or account.
To use certain features of the Site, you may need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and ensuring that you exit from your account at the end of each session. You are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any suspected unauthorized use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information, and you may be held liable for any damage or prejudice that might affect PriCyai Advisory LP or third parties as a result of the incorrect use, loss or theft of your password or account.
Member Registration and Passwords
To access certain features of the Site, we may ask you to provide certain personal information, including your name, email address, telephone number and employment information. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
To use certain features of the Site, you may need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and ensuring that you exit from your account at the end of each session. You are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any suspected unauthorized use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information, and you may be held liable for any damage or prejudice that might affect PriCyai Advisory LP or third parties as a result of the incorrect use, loss or theft of your password or account.
To use certain features of the Site, you may need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and ensuring that you exit from your account at the end of each session. You are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any suspected unauthorized use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information, and you may be held liable for any damage or prejudice that might affect PriCyai Advisory LP or third parties as a result of the incorrect use, loss or theft of your password or account.
Software and Other Items Available For Download
Any items that we make available for download or use from the Site and/or our servers (the “Downloadable Items”) are the copyrighted work of PriCyai Advisory LP or its licensors or suppliers. Additional Terms may govern your use of the Downloadable Items, which may be included with the Downloadable Items. Please carefully read any Additional Terms to determine the full extent of conditions governing the use of such Downloadable Items. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE DOWNLOADABLE ITEMS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT APPLICABLE TO SUCH DOWNLOADABLE ITEMS. Note that if you install certain applications that may be available via the Site, you consent to the download of software to your computer and accept these Terms and any Additional Terms related to such application.
Linking Policy
PriCyai Advisory LP grants you the revocable permission to link to the Site; provided, however, that your web site, or any third party web Sites that link to the Site: (a) must not frame or create a browser or border environment around any of the content on the Site or otherwise mirror any part of the Site; (b) must not imply that PriCyai Advisory LP or the Site are endorsing or sponsoring it or its products, unless PriCyai Advisory LP has given its prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in PriCyai Advisory LP’s sole opinion, harm PriCyai Advisory LP or its products or services; (d) must not use any PriCyai Advisory LP trademarks without the prior written permission from PriCyai Advisory LP; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in PriCyai Advisory LP‘s sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Site, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, PriCyai Advisory LP reserves the right to prohibit linking to the Site for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.
Mobile Features: The Site may offer features and services that are available to you via your mobile phone. These features and services may, include, without limitation, the ability to upload content to the Site, receive messages from the Site, download applications to your mobile phone or access the Site’ features (collectively, the “Mobile Features”). Standard messaging, data and other fees may be charged by your carrier to participate in Mobile Features. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
Terms of Mobile Features: You agree that the Mobile Features for which you are registered may send communications to your mobile device. Further, we may collect information related to your use of the Mobile Features. If you have registered for Mobile Features, you agree to notify PriCyai Advisory LP of any changes to your mobile number and update your account on the Site to reflect this change.
Mobile Features: The Site may offer features and services that are available to you via your mobile phone. These features and services may, include, without limitation, the ability to upload content to the Site, receive messages from the Site, download applications to your mobile phone or access the Site’ features (collectively, the “Mobile Features”). Standard messaging, data and other fees may be charged by your carrier to participate in Mobile Features. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
Terms of Mobile Features: You agree that the Mobile Features for which you are registered may send communications to your mobile device. Further, we may collect information related to your use of the Mobile Features. If you have registered for Mobile Features, you agree to notify PriCyai Advisory LP of any changes to your mobile number and update your account on the Site to reflect this change.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR ARTICLES, WHITE PAPERS, UPDATES, SERVICES, OR THIRD-PARTY MATERIALS OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND PRICYAI ADVISORY LP MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS, OR APPROPRIATENESS FOR ANY PURPOSE.
Indemnity
You agree at all times to defend, indemnify, and hold harmless PriCyai Advisory LP, its affiliates, successors, transferees, assignors, assignees, licensors and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
Termination
We may cancel or terminate your right to use the Site or any part of the Site at any time without notice or liability. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you concerning material downloaded from the Site, and the disclaimers and limitations of liabilities outlined in these Terms of Use, shall survive.
Confidentiality
You agree not to disclose information you obtain from us and or from our clients. All information submitted to us by another end-user is proprietary information. Such customer information is confidential and may not be disclosed by you. You agree not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
Other
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by PriCyai Advisory LP infringe your copyright, you, or your agent may send to PriCyai Advisory LP a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon PriCyai Advisory LP actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to PriCyai Advisory LP a counter-notice. All notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. PriCyai Advisory LP’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached at privacy@pricyaiadvisory.com.
The Site is not directed to individuals under the age of 13, nor does it contain information that would be potentially harmful to minors in any way. However, all visitors to the Website under the age of 13 should not disclose or provide any Personally Identifiable Information. If PriCyai Advisory LP discovers that a child under the age of 13 has provided Personally Identifiable Information to us, we will delete the child's Personally Identifiable Information in accordance with the Children's Online Privacy Protection Act of 1998. Please see the Federal Trade Commission's website for this act. Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet Service Provider for more information.
The Site is not directed to individuals under the age of 13, nor does it contain information that would be potentially harmful to minors in any way. However, all visitors to the Website under the age of 13 should not disclose or provide any Personally Identifiable Information. If PriCyai Advisory LP discovers that a child under the age of 13 has provided Personally Identifiable Information to us, we will delete the child's Personally Identifiable Information in accordance with the Children's Online Privacy Protection Act of 1998. Please see the Federal Trade Commission's website for this act. Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet Service Provider for more information.
Applicable Law
Any dispute, controversy or difference that may arise between the parties out of, in relation to or in connection with these Terms of Use is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Los Angeles County, California (or through arbitration as set forth below), applying California law, regardless of principles of conflicts of laws. You agree to waive any jurisdictional, venue or inconvenient forum defenses for purposes of resolving disputes hereunder.
Binding Arbitration
You and PriCyai Advisory LP agree to arbitrate all disputes between you and PriCyai Advisory LP or its members and affiliates (except disputes relating to the enforcement of PriCyai Advisory or its affiliates’ intellectual property rights). You and PriCyai Advisory LP empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these Terms of Use, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.
In the event of a dispute, you or PriCyai Advisory LP must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You and PriCyai Advisory LP will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first. EXCEPT FOR CASES DECIDED IN SMALL CLAIMS COURT, YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.
Any dispute, controversy or claim arising out of, relating to, or having any connection with this Agreement or the parties’ relationship generally, or the breach, termination, enforcement, interpretation or validity of this Agreement, including without limitation the determination of the scope or applicability of this agreement to arbitrate, will be determined by binding and confidential arbitration in Los Angeles, California unless the parties agree in writing on a different location. Regardless of the amount in controversy, the arbitration will be administered by JAMS, Inc., pursuant to its Streamlined Arbitration Rules & Procedures. In the event of a conflict between such rules and this Agreement, this Agreement will control. The parties will agree within a reasonable period of time after notice is made of instituting the arbitration process whether to use one or three arbitrators, and if the parties cannot agree within fifteen (15) business days, the parties will use a single arbitrator. If the parties cannot agree upon arbitrator(s) within an additional fifteen (15) business days, the arbitrator(s) will be selected by JAMS. However, no arbitrator may be appointed unless and until he/she has agreed to these procedures. The arbitrator(s) must be a retired judge or an attorney with at least 15 years of experience in the field of commercial litigation. The arbitrator(s) will apply substantive law and may award injunctive relief or any other remedy available from a judge. The arbitrator(s) may authorize only limited discovery upon a showing of substantial need by the party seeking discovery. All aspects of the arbitration will be treated by the parties and the arbitrator as confidential. If it is the prevailing party on any issue or claim in the arbitration, the respondent will be awarded its reasonable attorney’s fees and arbitration costs by the arbitrator(s). Otherwise, the parties will share the costs of arbitration equally. In no event will claimant be awarded its attorney’s fees or arbitration costs. The final award must be delivered by the arbitrator(s) within one year of the initial demand (or less) absent written agreement by the parties to the contrary. None of the time limits in this Section are jurisdictional. Any award will be accompanied by a reasoned opinion describing the basis of the award. The arbitration will be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof.
In the event of a dispute, you or PriCyai Advisory LP must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You and PriCyai Advisory LP will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first. EXCEPT FOR CASES DECIDED IN SMALL CLAIMS COURT, YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.
Any dispute, controversy or claim arising out of, relating to, or having any connection with this Agreement or the parties’ relationship generally, or the breach, termination, enforcement, interpretation or validity of this Agreement, including without limitation the determination of the scope or applicability of this agreement to arbitrate, will be determined by binding and confidential arbitration in Los Angeles, California unless the parties agree in writing on a different location. Regardless of the amount in controversy, the arbitration will be administered by JAMS, Inc., pursuant to its Streamlined Arbitration Rules & Procedures. In the event of a conflict between such rules and this Agreement, this Agreement will control. The parties will agree within a reasonable period of time after notice is made of instituting the arbitration process whether to use one or three arbitrators, and if the parties cannot agree within fifteen (15) business days, the parties will use a single arbitrator. If the parties cannot agree upon arbitrator(s) within an additional fifteen (15) business days, the arbitrator(s) will be selected by JAMS. However, no arbitrator may be appointed unless and until he/she has agreed to these procedures. The arbitrator(s) must be a retired judge or an attorney with at least 15 years of experience in the field of commercial litigation. The arbitrator(s) will apply substantive law and may award injunctive relief or any other remedy available from a judge. The arbitrator(s) may authorize only limited discovery upon a showing of substantial need by the party seeking discovery. All aspects of the arbitration will be treated by the parties and the arbitrator as confidential. If it is the prevailing party on any issue or claim in the arbitration, the respondent will be awarded its reasonable attorney’s fees and arbitration costs by the arbitrator(s). Otherwise, the parties will share the costs of arbitration equally. In no event will claimant be awarded its attorney’s fees or arbitration costs. The final award must be delivered by the arbitrator(s) within one year of the initial demand (or less) absent written agreement by the parties to the contrary. None of the time limits in this Section are jurisdictional. Any award will be accompanied by a reasoned opinion describing the basis of the award. The arbitration will be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof.
No Class Actions
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor PriCyai Advisory LP will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
Waiver and Severability
No waiver by PriCyai Advisory LP of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by PriCyai Advisory LP to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
These Terms of Use and our Privacy Policy constitute the sole and entire agreement between PriCyai Advisory LP and users of the Site, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
Equal Employment Opportunity
PriCyai Advisory LP abides by the principles of equal employment opportunity. In accordance with law, the firm recruits, hires, trains and promotes individuals without regard to race, color, creed, religion, sex, age, national origin, sexual orientation, gender identity and/or expression, veteran's status, disability, genetic information or status within any other protected group. For personnel actions such as compensation, benefits, promotions or transfers, only valid position-related requirements are considered. Continuing professional education and social and recreational programs are planned in accordance with equal opportunity standards. An individual, who has a physical or mental disability which substantially limits one or more major life activity, is provided the same opportunities accorded other individuals in all areas of employment, provided the individual is otherwise able to perform the essential functions of the position.
