Terms of Use

Terms of Platform use

These terms and conditions of use (together with any additional documents or terms referred to) provide the terms of use (“the Terms of Use”) on which you may make use of the Prevalent Platform (“the Platform”) or any software or services made available from Prevalent from time to time that may be subject to additional terms and conditions whether or not provided here (“Products”). Use of the Platform includes accessing, browsing, and making use of the Platform products and services or uploading material.

By using the Platform, you confirm that you accept these Terms of Use and that you agree to comply with them, you confirm that you are an Prevalent licensed customer (“Customer”), have permission from a Customer of Prevalent and/or an authorized reseller of Prevalent (“Reseller”) to use the Platform as an authorized user and that you have a valid license (“Authorized User”).

If you do not agree to the Terms of Use, are not an Authorized User or do not have a valid license you must not use the Platform.

Information about us

The Platform is operated by Prevalent, Inc. (“Prevalent”, “we” or “our”). We are a Delaware corporation with corporate headquarters located at 11811 N. Tatum Blvd, Suite 2400, Phoenix, AZ 85028.

Changes to the Terms of Use

We may revise these Terms of Use and/or introduce new policies and procedures with respect to accessing and using the Platform, at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Changes to the Platform

We may update the Platform from time to time and may change the layout and functionality at any time. However, please note that any of the content on the Platform may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that the Platform, or any content on it, will be free from errors or omissions.

Accessing the Platform

The Platform is made available for use to Authorized Users for the purposes of Prevalent’s provision of Products and services to the Customer, under separate terms of service between Prevalent and/or Reseller and the Customer, as applicable (“the Subscription Agreement”).

We do not guarantee that the Platform, or any content on it, will always be available or be uninterrupted. Access to the Platform is permitted on a temporary basis. Without prejudice to the Subscription Agreement, we may suspend, withdraw, discontinue or change all or any part of the Platform without notice. We will not be liable to you if for any reason the Platform is unavailable at any time or for any period.

You are also responsible for ensuring that all Authorized Users who access the Platform through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Accessibility

The Prevalent Platform has been developed considering the W3C Web Content Accessibility Guidelines (WCAG) and has been designed to work in the most common web browsers. Prevalent has tested the Platform in recent versions of the browsers below. Please ensure that you regularly check for new versions and upgrade, as older browser versions are no longer supported by their manufacturers.

• Google Chrome
• Microsoft Edge
• Firefox
• Safari

You must ensure your browser and equipment has the following:

• Cookies must be enabled
• JavaScript must be enabled
• The minimum screen resolution should be set to at least 1024×768 or above.
• You are responsible for maintaining and upgrading your computer equipment.

Your account and password

You must treat your Authorized User username and password as confidential. You must not disclose it to any third party.

We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at support@prevalent.net

Intellectual property rights

The Platform, the Products and the content provided are proprietary to us and/or our licensors. Any and all intellectual property rights related to the Platform and Products are and shall remain our exclusive property or our licensors.

You agree not to decompile, reverse-engineer, copy, transfer, assign, rent, resell, distribute or use the Platform, the Products or any content provided (or any part thereof, or any software underlying the Products), other than as expressly authorized by us. Any and all trademarks, service marks, product names, and trade names of Prevalent appearing on or through the Platform are exclusively owned by Prevalent. All other trademarks, service marks, product names, and logos appearing on or through the Products are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on or through the Service without the owner’s prior written consent.

We reserve all rights not expressly granted herein. We may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Platform without notice and liability, if, in our sole determination, you violate any of these Terms.

No reliance on information

The content on the Platform is provided for general information only. It is not intended to amount to advice on which you should rely. We encourage you to obtain professional or legal advice before taking, or refraining from, any action on the basis of the content on the Platform.

Although we make reasonable efforts to update the information on the Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on the Platform is accurate, complete or up-to-date.

Limitation of our liability

The Platform, and any services offered through it, is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. You expressly agree that use of the Platform is at your sole risk. Neither Prevalent, its subsidiaries, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the Platform will be uninterrupted or error free.

Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

We will not be liable to any Authorized User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, the Platform; or
• use of or reliance on any content displayed on the Platform.
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service, attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or to your downloading of any content on it, or on any website linked to it.

Uploading content to the Platform

Whenever you make use of a feature that allows you to upload content to the Platform, you shall not access, store, distribute or transmit any material or content during the course of your use of the Platform that:

• is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
• facilitates illegal activity;
• depicts sexually explicit images;
• promotes unlawful violence;
• is discriminatory based on race, gender, color, religious belief, sexual orientation, disability; or
• in a manner that is otherwise illegal or causes damage or injury to any person or property;

and Prevalent reserves the right, without liability or prejudice to its other rights, to disable any access to any material that breaches the provisions of this clause.

You warrant that any such contribution will comply with such standards, and you will be liable to us and fully indemnify us for any breach of that warranty.

You retain all of your ownership rights in your content and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of it, but you are required to grant us a limited license to use, store and copy that content and to distribute and make it available to the Customer, if the Authorized User is a service provider to the Customer.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Platform constitutes a violation of their intellectual property rights, or of their right to privacy.

Each party shall comply with the export laws and regulations of the United States and other applicable jurisdictions in providing and using the Platform. Any use and access contrary to U.S. law is strictly prohibited. Without limiting the foregoing, you agree that you (1) are not, and are not acting on behalf of North Korea, Sudan or Syria, or any other country to which the United States has prohibited export transactions; (2) are not, and are not acting on behalf of, any person or entity listed on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons, or the U.S. Commerce Department Denied Persons List or Entity List; and (3) will not use the Platform for, and will not permit the Platform to be used for, any purposes prohibited by law, including, without limitation, for any prohibited development, design, manufacture or production of missiles or nuclear, chemical or biological weapons.

If you are located outside of the United States, you further agree to comply with your own local laws regarding online conduct and acceptable content.

Prevalent will not be responsible, or liable to any third party, for the content or accuracy of any content uploaded by you or any other Authorized User of the Platform.

DATA

In the event of any loss or damage to your content, we shall use all reasonable commercial endeavors to restore your lost or damaged content from the latest back-up of the content maintained by Prevalent.

Prevalent shall not be responsible for any loss, destruction, alteration or disclosure of your content caused by any third party.

You grant us the right to host, publish, share, and display your content, and make incidental copies as necessary. This license does not grant us the right to sell your content or otherwise distribute or use it outside of our provision of the Service.

You acknowledge and accept that Prevalent may monitor the use of your content on the Platform for the purposes of statistical analysis for Prevalent’s own commercial and non-commercial use. Such analysis shall be carried out on an anonymous basis and will not involve the disclosure of any confidential information. Information that we collect and use about you is subject to our Privacy Policy located at https://www.prevalent.net/privacy/. By accessing the Platform, you consent to the collection and use of information as described in our Privacy Policy, as may be amended by us from time to time.

Your use of the Platform will involve Prevalent processing your content on your behalf. You accept that you shall be the data controller and Prevalent shall be a data processor and in any such case:

• you may opt to restrict the storage of your content within the EEA and must inform us of such a request at least 14 days before using the Platform. In which case you agree that we may store the personal data in the EEA and acknowledge that there is no guarantee that your content will remain in the EEA if Prevalent or a third party is required to provide your content to a court, regulator or other party with competent and compellable jurisdiction over them;
• you acknowledge that if the Platform is accessed from a location outside the EEA, this will for regulatory purposes be considered a transfer of your content to that location;
• you shall ensure that you are entitled to provide your content supplied to us in the course of your use of the Platform;
• you shall ensure that all third parties have been informed of, and have given their consent to use, process, and transfer their data as required by all applicable data protection legislation;
• you shall take appropriate technical and organizational measures against unauthorized or unlawful processing of the content or its accidental loss, destruction or damage.

Viruses

We do not guarantee that the Platform will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform in order to access the Platform. You should use your own virus protection software.

You must not misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform. You must not attack the Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Platform will cease immediately.

You may link to the Platform and/or Prevalent’s home page at www.prevalent.net provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Platform and/or our website in any website that is not owned by you.

The Platform and/or our website must not be framed on any other site, nor may you create a link to any part of our website other than the home page.

We reserve the right to withdraw linking permission without notice.

Third party links and resources in our site

We assume no responsibility for the content of websites linked on the Platform. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Where the Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to such sites. In no event will we be responsible for the information contained in such sites, their practices or for your use of or inability to use such websites, or transmissions received from such sites. You expressly relieve us from any and all liability arising from your use of any third-party website.

Governing Law; Dispute Resolution

If your domicile is within the UK, this Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales, and you irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation. If your domicile is within any other country, the laws of New York will govern this Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation, without regard to its conflict of law principles and all legal claims, suits or actions that arise in connection with this Agreement shall be brought exclusively in the courts located in New York, New York. we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country.

Limitation of Claims

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 the Platform must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver and Severability

The failure of Prevalent to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any of the provisions of these Terms of Use are held invalid, unenforceable, or void by a court or other tribunal of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions shall remain in full force and effect.

Contact us

To contact us, please email support@prevalent.net

Last updated: May 23, 2019