PGS360 MOBILE APPLICATION
These terms and conditions create a contract between you and PGS360, (the “Agreement”). Please read the Agreement carefully. This Agreement governs your access and use of our mobile application called PGS360 app (the “App”) and the content and services available through the App. To confirm your understanding and acceptance of the Agreement, click “Agree.”
1.1 We are Prime Global Solutions, Inc., a company incorporated under the laws of the State of California of the United States of America, with our registered ofﬁce at 15805 E. Valley Blvd. City of Industry, CA 91744 ("PGS360. or .we. or "us").
1.2 If you are using the App, you agree, warrant and represent that you are entering into these Terms as either:
(a) An employee/worker of your employer (the "Business") and are authorized by your Business to do so for it and on its behalf; or
(b) An individual in which case you are committing yourself to these terms.
You and your Business (if applicable under Clause 1.2(a) above) are referred to in these Terms as "You".
2.1 We provide and make available, and you use and access, the App and the Content and services on or available through it subject to these Terms. You agree to be bound by these Terms by downloading or installing the App. We reserve the right to vary these Terms at any time. If we do so, the updated terms will be posted at this link when the alteration is made. By using the App after that, you agree to the revised Terms. None of these Terms will be interpreted so as to deprive you of any rights you may have under mandatory American or other applicable law.
- Scope of License
3.1 The App is licensed, not sold. These Terms only give you some rights to use the App. PGS360 reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the App only as expressly permitted in these Terms. In doing so, you must comply with any technical limitations in the App that only allow you to use it in certain ways. You may not:
(a) Work around any technical limitations in the App;
(b) Reverse engineer, decompile, or disassemble the App, except and only to the extent that applicable law expressly permits, despite this limitation.
(c) Publish the App for others to copy.
(d) Rent, lease, sublicense, lend or otherwise redistribute the App, Content or services on or available through it.
(e) Transfer the App or these Terms to any third party (whether by assignment, subcontract or otherwise).
3.2 Content and/or services accessible from or purchased within the App may be subject to additional terms as well.
- Access to the app
4.1 PGS360 reserves the right to time to modify or discontinue, temporarily or permanently, the App, Content or services on or available through it (or any part thereof) at any time and with or without notice. You agree that PGS6360 shall not be liable to You or to any third party for any modification, suspension or discontinuance of the App, Content or services.
4.2 PGS360 reserves the right to change, limit usage of, charge for continued usage of (of course requiring You to opt in before incurring any charges), and/or discontinue any service (including any Content) at any point in time. PGS360 can also restrict access to some or all parts of the App or the Content or services on or available through it to Users who have successfully registered with us for relevant services or Content.
4.3 You are responsible for making all arrangements necessary for you to have access to the App, including, but not limited to, maintaining a balance of sufficient credit on your mobile device, otherwise ensuring access to your mobile data network, ensuring a sufficient charge in the devices battery and keeping the device in your possession. While we may take precautions against security breaches, no website, application or Internet transmission is completely secure, and as such, you acknowledge that neither we or third parties connected to us shall be liable for damages, costs or losses, that may result from interruption or interception of communications, unauthorized access, hacking or viruses and similar. We cannot guarantee the privacy and security of such communications.
- Improper use of the app
5.1 You may not use the App in any manner that could damage, disable, overburden or impair it, its servers or the network(s) connected to the server, or interfere with any other party's use and enjoyment of the App and services on or available through it. You may only download the App from a store approved by us and may not install the App on a jail-broken or rooted device. You may not hack into or insert malicious code into the App. You may not attempt to gain unauthorized access to any services, parts of the App or Content, other accounts, computer systems or networks connected to any server through hacking, password mining or any other means. Illegal and/or unauthorized use of the App, Content or services will be investigated, and appropriate legal action may be taken.
- Ownership of the app
6.1 We are the owner or the licensee of all intellectual property rights in the App, the App’s content, including the App’s "look and feel" (collectively the "Content"). The Content is protected by copyright and other intellectual property laws. All such rights are reserved. You may not make alterations, copies, extractions, modiﬁcations, or additions to the Content, or sell, copy, distribute, disseminate, or license it, or misuse the Content in any way. If you breach this Clause 6.1 your right to use our App ceases immediately.
- Data Protection Statement
8.1 These Terms are effective until terminated by You or us. Your rights under these Terms will terminate automatically if You fail to comply with any individual term.
8.2 Upon termination of these Terms for any reason, You shall ensure that all use of the App ceases and shall ensure all copies of the App used by You are uninstalled and destroyed by You. You must still pay for services ordered through the App despite these Terms being terminated.
8.3 You agree that PGS360 may, in addition to any other remedies it may have at law or equity, remotely disable the App following any termination of these Terms.
- No warranty
9.1 You expressly understand and agree that your use of the app and the content is at your sole risk and that the app and the content are provided as is and as available without warranty of any kind.
9.2 Your use of the app and the content is at your own discretion and risk. You are solely responsible for any damage including to your computer system or other device or loss of data that results from such use.
- Events beyond our control
10.1 We are not in breach of these Terms or liable to You if there is any total or partial failure of performance of any of our duties and obligations resulting from any act or matter beyond our reasonable control. Such matters may include any act of God, fire, act of government, war, civil commotion, embargo, inability to communicate with third parties for whatever reason, failure of or delay in the transmission of communications, prevention from or hindrance in obtaining any energy or other supplies, labor disputes of whatever nature or any other reason (whether or not similar in kind to any of the above) beyond our reasonable control.
- Limitation of Liability
11.1 You expressly understand and agree that, to the extent not prohibited by law,PGS360, its subsidiaries and affiliates and its licensors shall not be liable to you under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by you including any damages for loss of profits, loss of or damage to data, business loss or interruption or any other commercial damages or losses, arising out of or related to your use of or inability to use the app, however caused and whether or not PGS360 or its representatives have been advised of or should have been aware of the possibility of any such loss arising.
- Use by US government
12.1 The App and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States.
- Applicable law
35.1 Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between You and PGS360 shall be governed by State of California law. You and PGS360 agree to submit to the personal and non-exclusive jurisdiction of the State of California courts to resolve any dispute or claim arising from this Agreement.
14.1 You must send any formal notice under these Terms to us by sending it in writing to our postal address, namely:
Prime Global Solutions, Inc.
15805 E. Valley Blvd.
City of Industry, CA 91744
Or to our email:
15.1 If, at any time, any provision of these Terms is or becomes illegal, invalid or unenforceable, that shall not affect or impair the legality, validity or enforceability of the remainder of these Terms (including the remainder of a provision where only part of it is or has become illegal, invalid or unenforceable).
16.1 The exercise by us of any rights under these Terms is without prejudice to any of our other rights and remedies. The provisions of these Terms may only be waived by PGS360 in writing by express reference to the provision in question. No delay, neglect or forbearance on the part of PGS360 in enforcing any provision of these Terms is a waiver, or in any way prejudices any right of PGS360 under these Terms. A waiver by PGS360 of any breach of any of the provisions of these Terms does not constitute a general waiver of such provision or of any subsequent act contrary to it.
- Entire Agreement
19.1 These Terms represent the entire understanding of the parties concerning their subject matter and override and supersede all prior agreements concerning it (whether written, oral or implied) which are hereby revoked by our mutual consent. Neither of us has relied upon, or has any remedies in respect of, any representations, terms or conditions except those set out expressly in these Terms. This does not exclude any liability for fraud and/or fraudulent misrepresentations.