Terms of Use

Welcome to https://parter.ai/ (together with its subdomains, Content, Marks and services, the “WebWebsite”).  Please read the following Terms of Use carefully before using this WebWebsite so that you are aware of your legal rights and obligations with respect to Parter Inc. (“Parter”, "we", "our" or "us"). By accessing or using the WebWebsite, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms of Use, together with the Privacy Policy (the “Terms”).  You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.  If you do not agree to be bound by these Terms please do not access or use the Website.   

1. Modification.  We reserve the right, at our discretion, to change these Terms at any time.  Such change will be effective ten (10) days following posting of the revised Terms on the Website, and your continued use of the Website thereafter means that you accept those changes.

2. Ability to Accept Terms.  The Website is only intended for individuals aged thirteen (13) years or older. If you are under 13 years please do not visit or use the Website. If you are between 13 and 18 years of age, then you must review these Terms with you parent or guardian before visiting or using the Website to make sure that you and your parent or guardian understand these Terms and agree to them.

3. Website Access. For such time as this Agreement is in effect, we hereby grant you a personal, limited, non-exclusive, non-assignable, non-sublicensable, revocable right to access and use the Website solely for your own personal and non-commercial use, and provided that you comply with this Agreement. Except for the foregoing right, we do not grant you any right or licenses to any of our or a third party's Intellectual Property Rights (as defined below).

4. Restrictions.  You shall not (and shall not permit or encourage any third party to) do any of the following: (a) copy or reproduce the Website; (b) sell, assign, lease, lend, rent, distribute, or make available the Website to any third party, or otherwise offer or use the Website in a time-sharing, outsourcing, or service bureau environment; (c) modify, alter, adapt, arrange, translate, decompile, disassemble, reverse engineer, decrypt, or otherwise attempt to discover the source code or non-literal aspects (such as the underlying ideas, algorithms, structure, sequence, organization, and interfaces) of, the Website; (d) remove, alter, or conceal, in whole or in part, any copyright, trademark, or other proprietary rights notice or legend displayed or contained on or in the Website; (e) circumvent, disable or otherwise interfere with security-related or technical features or protocols of the Website; (f) make a derivative work of the Website, or use the Website to develop any service or product that is the same as (or substantially similar to or competitive with) the Website; (g) publish or transmit any robot, virus, malware, Trojan horse, spyware, or similar malicious item intended (or that has the potential) to damage or disrupt the Website; (i) take any action that imposes or may impose (at our sole discretion) an unreasonable or disproportionately large load on the Website infrastructure, or otherwise interfere (or attempt to interfere) with the integrity or proper working of the Website; (j) use the Website for competitive purposes, and/or on behalf of any person or entity that competes with the activities, services, or products offered by Parter, including but not limited to utilizing the Website to receive information, data, or insights for the development or enhancement of competing services or products; (k) engage in any activity that may excessively burden or disrupt the functioning of the Website or its supporting systems; (l) impersonate another person or entity or use a deceptive identity to mislead others about who you are or who you acting on behalf of; and/or (m) use the Website in any manner that is otherwise malicious, illegal or fraudulent; and/or (n) use the Website to infringe, misappropriate or violate any third party's Intellectual Property Rights, or any law.  

5. Intellectual Property Rights.  

   1. Ownership.  The (i) content on the Website, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Materials”), and (ii) the trademarks, service marks and logos contained therein (“Marks”), are the property of Parter and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Parter”, the Parter logo, and other marks are Marks of Parter or its affiliates. All other trademarks, service marks, and logos used on the Website are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Website and the Content. “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. 

   2. Use of Content. Content on the Website is provided to you for your information and personal use only  and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein. 

6. Information Description. We attempt to be as accurate as possible.  However, we cannot and do not warrant that the Content available on the Website is accurate, complete, reliable, current, or error-free.  We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content.  Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.

7. Third Party Content.  The Website may present, or otherwise allow you to view, access, link to, and/or interact with, content from third parties and other sources that are not owned or controlled by us (such Content, “Third Party Content”). The Website may also enable you to communicate with the related third parties. The display or communication to you of such Third Party Content does not (and shall not be construed to) in any way imply, suggest, or constitute any sponsorship, endorsement, or approval by us of such Third Party Content or third party, or by such third party of us, and nor any affiliation between us and such third party. We do not assume any responsibility or liability for Third Party Content, or any third party's terms of use, privacy policies, actions, omissions, or practices. Please read the terms of use and privacy policy of any third party that you interact with before you engage in any such activity. 

8. Privacy. We will use any personal information that we may collect or obtain in connection with the Website in accordance with our privacy policy which is available at [*]. You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.

9. Warranty Disclaimers. 

   1. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.  

   2. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  PARTER HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.  PARTER DOES NOT GUARANTEE THAT THE WEBSITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE WEBSITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS.  YOU AGREE THAT PARTER WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS.  WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE WEBSITE BY A THIRD PARTY.     

   3. PARTER DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT.  

   4. YOU SPECIFICALLY ACKNOWLEDGE THAT PARTER SHALL NOT BE RESPONSIBLE FOR THE CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY WEBSITE USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.  

   5. EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, PARTER DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE WEBSITE.

10. Limitation of Liability.  

    1. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL PARTER BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, EVEN IF PARTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. 

    2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PARTER FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE WEBSITE EXCEED THE TOTAL AMOUNT OF FIVE U.S. DOLLARS (US $5).  

11. Indemnity.  To the maxumun extent permitted by law, you agree to defend, indemnify and hold harmless Parter and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Website; (ii) your interaction with any Website user; or (iii) your violation of these Terms.

12. Term and Termination. These Terms are effective until terminated by Parter or you. Parter, in its sole discretion, has the right to terminate these Terms and/or your access to the Website, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Parter shall not be liable to you or any third party for termination of the Website, or any part thereof.  If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Website in any way, your only recourse is to immediately discontinue use of the Website. Upon termination of these Terms, you shall cease all use of the Website. This Section 13 and Sections 5 (Intellectual Property Rights), 8 (Privacy), 9 (Warranty Disclaimers), 10 (Limitation of Liability), 11 (Indemnity), and 13 (Independent Contractors) to 15 (General) shall survive termination of these Terms.

13. Independent Contractors.  You and Parter are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Parter. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Parter.

14. Assignment.  These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Parter without restriction or notification to you. 

15. General. Parter reserves the right to discontinue or modify any aspect of the Website at any time.  These Terms and the relationship between you and Parter shall be governed by and construed in accordance with the laws of the State of New-York without regard to its principles of conflict of laws.  You agree to submit to the personal and exclusive jurisdiction of the courts located in New-York and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that Parter may seek injunctive relief in any court of competent jurisdiction. These Terms shall constitute the entire agreement between you and Parter concerning the Website. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.  No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.