TERMS OF USE

Prime Communications' Terms of Use 

Prime Communications (“Prime”) is a family-owned company headquartered in Sugar Land, TX and with operations throughout the country. We appreciate you visiting our website and the entire Prime team thanks you for making us your preferred AT&T authorized retailer for over 15 years! We hope you have a memorable experience every time you visit with us and are thrilled to be your partner of choice for the range of products and services we offer (“Services”).

Our Agreement

This is a legally binding agreement and by using our website located at www.primecomms.com (the “Site”) or any Services provided in connection with the Site or our stores, you expressly agree to comply with and be legally bound by these Terms of Use, as they can be amended by us from time to time in our sole discretion without notice, and notwithstanding anything contained herein to the contrary, which are subject to any Services’ specific contractual agreements, or any employment policies or agreements, as applicable, which shall govern in the event of any conflict with these Terms of Use, but which will otherwise be supplemented by these Terms of Use should they not. It is your sole responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use undesirable, you must immediately leave the Site.

YOU AGREE AND ACKNOWLEDGE THAT BY USING OR ACCESSING THE SITE YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LAWFULLY ABLE TO ENTER INTO THIS AGREEMENT FOR TERMS OF USE.

Privacy and Intellectual Property Protection

Prime’s Privacy Policy explains how we handle your personal data and safeguard your privacy while you use our Site. By using our Site, you consent to Prime using any such data collected in accordance with the Privacy Policy, these Terms of Use and applicable law. When accessing the Site or using our Services, you agree to comply with the law and to abide by the intellectual property rights of all others. Your use of the Services and Site are at all times governed by and subject to laws concerning copyright ownership and use of intellectual property and any other applicable federal, state or local laws. You agree not to upload, download, display, perform, communicate, or otherwise distribute any data or content (collectively, “Content”) in violation of any of Prime’s or a third party’s trademarks, copyrights, or other intellectual property rights, or applicable laws. All information or data on the Site as well as the Site itself are the sole property of Prime or otherwise our business partners and affiliates, as applicable. None of your Content should include financial or otherwise confidential information, such as, but not limited to, social security numbers or driver’s license numbers.

You agree that you shall be exclusively responsible for any violations of any applicable laws and for any violations of third party rights initiated by any Content you provide or communicate, or that is provided or communicated using your computer, device or IP address. The burden of verifying that your Content or use or access of the Site doesn’t violate any laws or third party privileges rests solely with you.

Prime has adopted, and you agree to, the following terms that provide for the abrupt suspension and/or termination of any Site user’s access or privileges, and the pursuit of any other rights or remedies by Prime available under law, without limitation, for anyone or any entity who is found to have violated the rights of Prime or any third party, or violated any intellectual property laws, applicable federal, state or local laws, any applicable contracts, policies or agreements related to the Services or employment with Prime, the Privacy Policy or these Terms of Use.

If you have proof, know, or have a good faith reasoning that your rights or a third party’s rights have been violated and you want Prime to delete, edit, or disable the Content in question, you must notify us in writing at 12550 Reed Road, Suite 100, Sugar Land, TX 77478, Attn: Legal Department, and we will act in accordance with the process set out in the U.S. Digital Millennium Copyright Act, these Terms of Use, the Privacy Policy and applicable law.

User Content

Some of our features on the Site allow you to submit, store, send and/or receive Content. You maintain ownership of all intellectual property rights you hold in that Content. In short, what is yours stays yours, subject to these Terms of Use, the Privacy Policy and applicable laws.

When you, submit, store, send and/or receive Content to and/or through our Site, you give Prime (and our business partners and affiliates) a license to use, host, store, replicate, modify, create derivative works, communicate, print, publicly perform, publicly display and distribute such Content and these Terms of Use, the Privacy Policy and applicable law continue to apply even if you stop using or accessing our Site, Software, Content or Services and unless you notify us of the particulars of any valid revocation in writing to the address and attention above.

You will not receive compensation for any Content. You agree that Prime may publish or disclose your name and any other relevant information in connection with your Content. By posting Content on the Site, you expressly and irrevocably warrant and represent that you own the rights to the Content or are authorized to post, display, perform, transmit, or otherwise distribute the same and that such Content is true and correct in all regards.

Our Software and Data

Prime may make certain software and data readily available to you from our Site. If you download software from our Site, that software, including but not limited to, all files and images enclosed in or generated by the software, and Prime data (collectively, “Software”) are deemed to be a non-exclusive and revocable license to you by Prime, for your personal, noncommercial, home use, only. Prime (and to the extent of any third party ownership, the third party) retains the full and complete title to the Software and all intellectual property rights associated therewith. You are not allowed to sell, redistribute, or replicate the Software, nor are you to decompile, reverse-engineer, disassemble, or convert the Software to a useable form. All trademarks and logos are owned by Prime or its licensors or business partners and you are not allowed to copy or use them in any manner, without limitation, unless expressly permitted in writing by the owner.

Using Our Services

You agree to use our Site, Services and the Content (whether provided by us or our business partners and affiliates), as well as any Software delivered in connection with the Site, in accordance with all applicable laws and regulations. Furthermore, you will not partake in any of following actions on our Site, related Software, Services or Content, nor will you use our Site, Services or related Software or Content to submit, post, email, distribute, communicate, link, solicit or otherwise make accessible any of the same, including, but not limited to: (a) that is libelous, defamatory, obscene, pornographic, abusive, and/or threatening; (b) that promotes or encourages behavior that could constitute a criminal offense, accrue civil liability, or otherwise violate any applicable local, state, national, or foreign law or rule; or (c) which encourages or otherwise solicits funds or is soliciting goods or services, not otherwise authorized by Prime in writing. Prime reserves the right to terminate your delivery, transmission, or distribution of any such material using the Site or Software, and, if applicable, to remove any such material from its servers. Prime intends to cooperate fully with all law enforcement officials or agencies investigating any violations of these Terms of Use and any other applicable laws.

Modifying and Terminating our Services

We are continuously changing and improving our Site, Software and Services. We may add or remove functionalities and/or features, and we may suspend or stop, some or all of them altogether. Although we would be sorry to see you go, you can stop using our Site, Content or Software at any time. Prime may also discontinue your access to the Site, Software or Content or add or build new limits thereto at any time. Prime reserves the right to add to, change, or update any and all terms and policies at any time and without notice and your use of or access to the Site, Software or Content constitutes acceptance of these Terms of Use and all other applicable polices every time you do so. Any changes, updates, or additions will be effective immediately. You should look at these Terms of Use regularly. If you do not agree to any modified or additional terms you should discontinue your use immediately. In the event of a conflict between these Terms of Use and any new or additional terms, such terms will control for that conflict.

Our Warranties and Disclaimers

We provide our Site, Software and Content using commercially reasonable standards and we hope that you will enjoy using them. However, there are certain things that we don’t promise:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF OUR SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, ANY SITE-RELATED SERVICES OR SOFTWARE THAT IS PROVIDED TO YOU, IS AT YOUR SOLE RISK. OUR SITE, INCLUDING WITHOUT LIMITATION ANY CONTENT, SOFTWARE OR INFORMATION CONTAINED WITHIN THE SITE AND ANY SERVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PRIME AND ITS CO-BRANDERS, BUSINESS PARTNERS, SUPPLIERS, LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA AND NON-INFRINGEMENT.
  2. PRIME AND ITS CO-BRANDERS, SUPPLIERS, BUSINESS PARTNERS, LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES MAKE NO WARRANTY THAT (i) OUR SITE WILL MEET YOUR REQUIREMENTS, (ii) MATERIALS, SOFTWARE OR CONTENT AVAILABLE FOR DOWNLOAD OR USE FROM THE SITE ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (iii) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS STORAGE OR ACCESS, OR BE ERROR-FREE, (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE, SOFTWARE OR CONTENT WILL BE ACCURATE, COMPLETE OR RELIABLE, (v) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE OR STORES WILL MEET YOUR EXPECTATIONS, AND (vi) ANY ERRORS IN OUR SITE, CONTENT OR SOFTWARE WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITE OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF OUR SITE OR OUR SOFTWARE.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PRIME OR THROUGH OR FROM OUR SITE SHALL CREATE ANY WARRANTY. ADVICE OR INFORMATION RECEIVED BY MEANS OF OUR SITE OR US SHOULD NOT BE RELIED UPON FOR SIGNIFICANT PERSONAL, BUSINESS, MEDICAL, LEGAL, TAX OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR PARTICULAR SITUATION.

SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR DISCLAIMERS, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY AND YOU SHOULD SEEK INDEPENDENT LEGAL COUNSEL TO CONFIRM.

Limited Liability for Our Services, Site, Software and Content

IN NO EVENT SHALL PRIME, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, BUSINESS PARTNERS, LICENSORS, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, OR ATTORNEY’S FEES OR COSTS, OR DAMAGES PURSUANT TO ANY CONSUMER PROTECTION OR PRIVACY ACT, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH:

(i) THE USE OR INABILITY TO USE THE SITE OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED IN OR THROUGH THE SITE, OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, OR TRANSACTIONS IN OR AVAILABLE THROUGH THE SITES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE OR LINKED SITES; (v) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (vi) ANY OTHER MATTER RELATING TO OUR SITE, EVEN IF YOU, PRIME OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN YOU EXPRESSLY AGREE THAT THE AGGREGATE LIABILITY OF PRIME, ITS AGENTS AND ITS BUSINESS PARTNERS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

Affiliated Sites

Prime has no control over, and no responsibility for any third party websites or content. Prime works with a number of business partners and affiliates whose internet sites might be linked to the Site. Since neither Prime nor our Site has control over the content and/or performance of these partner and affiliate sites, Prime makes no guarantees about the accuracy, current status, content, or quality of the data provided by such sites, and Prime assumes no responsibility for unintended, objectionable, incorrect, misleading, or unlawful content that may exist on those sites, and all disclaimers and limits on liability above are hereby recited and incorporated herein.

Similarly, you may have access to Content (including, but not limited to, websites) that are owned and/or operated by third parties. You acknowledge and agree that Prime makes no guarantees about, and accepts no responsibility for, the accuracy, current status, materials, or quality of these third party materials, and that, unless expressly provided to the contrary, these Terms of Use shall administer your use of any third party content.

Indemnity

You agree to indemnify, defend and hold harmless Prime and its Content and Services providers, business partners, licensors, suppliers, and each of their respective holdings, subsidiaries, affiliates, officers, representatives, and employees, from and against any and all expenses, damages and costs, as well as reasonable attorneys' fees, alleged by any third-party due to or arising out of any Content you submit, post or transmit through our Site, your use of our Site, Software, and Content, your connection to our Site, your violation of these Terms of Use or our Privacy Policy, or your violation of any law or the rights of another. These responsibilities will survive any termination of your interaction with Prime or your use of our Site. Prime reserves the right to assume control of any matter subject to indemnification by you, in which event you will cooperate with Prime in asserting any available defenses and reimburse Prime for all reasonable attorney’s fees, costs and expenses.

Severability; Wavier

If, for whatever reason, any term or condition herein shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any remaining provisions, and all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

No License

Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Prime or by any third party.

Miscellaneous

These Terms of Use are implemented and performed in Fort Bend, County and shall be governed and construed in accordance with the laws of the State of Texas, without regards to any conflicts or choice of laws provisions. You and Prime expressly agree to submit any disputes about these Terms of Use to binding arbitration in Fort Bend, County, Texas to be conducted according to the rules of the AAA, found at www.adr.org, and by an arbitrator selected by Prime, and you expressly waive the rights to any (i) jurisdictional or venue objections and (ii) to bring any class action or collective claims and will pursue any issues or disputes on an individual basis only.

THE PARTIES EXPRESSLY AGREE TO WAIVE ANY RIGHTS TO TRIAL BY JURY OR OTHERWISE TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Neither the course of conduct and/or course of dealing between the parties nor trade practice shall act to modify any provision of this Agreement and all terms herein are the final understanding of you and Prime with regards to the subject matter hereof. Prime may assign its rights and duties under these Terms of Use to any party at any time without notice to you. Your rights and duties under these Terms of Use are not assignable by you without the express written consent of an authorized signatory of Prime. These Terms of Use do not provide any third party with a remedy, claim, or right of reimbursement. As permitted by applicable law, you must file any claim with the AAA related to our Site, Software, or Content within one (1) year after it arises and you expressly waive any rights to any statute of limitations provisions to the contrary.

Acknowledgement

BY USING OR ACCESSING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE AND COMPETENTLY AND VOLUNTARILY AGREE TO BE LEGALLY BOUND BY THEM.