Terms of Service

Last Updated: January 29, 2019

 

These Terms of Service ("Terms") apply to your access to and use of the KĀKOU mobile application and related administrative websites (collectively, the "Application") provided by Hawaii Carpenters Market Recovery Program, doing business as Pacific Resource Partnership ("PRP," "we," "us" or "our"). By accessing or using the Application, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 3.12, do not access or use the Application.

 

The Application is designed to facilitate civic engagement in the State of Hawaii. Certain features and functionalities of the Application may be made available only to users of the Application who register for an account through the Application (each, a "Registered User"). Registered Users and non-registered users of the Application will be able to access a directory of contact information for federal, state, and county elected officials in Hawaii as well as a calendar that lists certain local events and meetings, including events and meetings offered or promoted by non-profit organizations that have registered with PRP to access and use the Application (each, an "Organization"). Registered Users also will be able to connect with and follow Organizations through the Application. By following an Organization through the Application, Registered Users will be able to receive updates regarding legislation that the Organization is tracking and notifications of events and meetings related to the Organization. In addition, Registered Users will have the ability to submit testimony on legislation being considered by the Hawaii State Legislature through the Application.

 

These Terms are separated into three parts. Part 1 sets forth terms applicable to Registered Users; Part 2 sets forth terms applicable to Organizations; and Part 3 sets forth general terms and conditions that are applicable to all users who access and use the Application.

 

PART 1:  TERMS APPLICABLE TO REGISTERED USERS

1.1.         Eligibility to Register for an Account; Account Security

 

You must be at least 13 years of age to access and use the Application and to register for an account through the Application. If you are under 18 years of age (or the age of legal majority where you live), you may access and use the Application only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority where you live), you agree to be fully responsible for the acts or omissions of such user in relation to the Application.

 

By registering for an account through the Application and becoming a Registered User, you will be able to access and use certain features and functionalities of the Application that may not be available to non-registered users. If you register for an account, you must provide accurate account information and must promptly update such information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.

 

If you register for an account for the Application on behalf of another person or entity, (a) all references to "you" throughout these Terms will include that person or entity; (b) you represent that you are authorized to accept these Terms on that person's or entity's behalf; and (c) in the event you or that person or entity violates these Terms, that person or entity agrees to be responsible to us.

 

1.2.         Following an Organization through the Application

 

Registered Users may choose to connect with and follow certain Organizations through the Application. By electing to follow an Organization through the Application, Registered Users will be able to access information about the Organization, receive information and updates regarding legislation that the Organization is tracking, receive notifications of events and meetings related to the Organization, and share information related to the Organization with friends, family members, and other individuals.

 

Following Organizations through the Application is optional. Registered Users may change the Organizations that they follow through the Application at any time by updating the information in their account.

 

1.3.         Compliance with Applicable Law

You represent and warrant that you are, and at all times will be, in full compliance with these Terms and all laws, regulations and rules applicable to you ("Applicable Laws").

 

PART 2:  TERMS APPLICABLE TO ORGANIZATIONS

 

2.1.         Eligibility to Register and Use the Application

 

All non-profit organizations wishing to be eligible to access and use the Application must be approved in advance by PRP. Following an Organization's receipt of such approval, PRP will provide the Organization with credentials to create an account for use in connection with the Application.

 

By creating an Organization account using the credentials provided by PRP, (a) all references to "you" throughout these Terms will include the Organization; (b) the Organization creating the Organization account acknowledges and agrees that these Terms govern the Organization's access to and use of the Organization account and the Application; (c) the Organization represents and warrants that the person agreeing to these Terms has full power and authority to enter into these Terms on behalf of the Organization and that, in doing so, the Organization will not violate any other agreement to which the Organization is a party; and (d) in the event that the Organization or any personnel of the Organization violates these Terms, the Organization agrees to be responsible to us.

 

Each Organization must provide accurate account information for the Organization account and must promptly update such information if it changes. Each Organization also must maintain the security of the Organization account and promptly notify us if the Organization discovers or suspects that someone has accessed the Organization account without the Organization's permission. If the Organization permits its personnel or any other individuals to use the Organization account, the Organization is responsible for the activities of such users that occur in connection with the Organization account.

 

2.2.         One-Time Donation from PRP

 

PRP will make a one-time donation to each Organization in connection with the Application and the number of Registered Users who follow the Organization through the Application pursuant to this section. During the first legislative session of the Hawaii State Legislature after an Organization creates its Organization account pursuant to these Terms, PRP will monitor the number of Registered Users who follow the Organization through the Application on a monthly basis. PRP will identify the month during such first legislative session in which the Organization has the highest number of Registered Users following the Organization through the Application and will donate one dollar ($1.00) for each such Registered User. PRP will donate such amount to the Organization following the end of such first legislative session.

 

2.3.         Confidentiality

 

All non-public information provided by PRP or an Organization, as applicable (the "Disclosing Party"), to the Organization or PRP, as applicable (the "Receiving Party"), in connection with these Terms ("Confidential Information") constitutes the Confidential Information of the Disclosing Party. The Receiving Party will not disclose any Confidential Information of the Disclosing Party to any third party or use any Confidential Information of the Disclosing Party except as specifically authorized by the Disclosing Party to perform the Receiving Party's obligations under these Terms. The Receiving Party will place appropriate safeguards on its operating activities to ensure the protection of the Confidential Information of the Disclosing Party. In the event the Receiving Party discovers any unauthorized use or disclosure of any Confidential Information of the Disclosing Party, the Receiving Party will immediately provide written notice to the Disclosing Party and will cooperate with the Disclosing Party to regain possession of the Confidential Information and to prevent any further unauthorized use or disclosure of the Confidential Information.

 

Confidential Information does not include information that (a) becomes part of the public domain (other than through a breach of this Agreement); (b) was known by the Receiving Party prior to receipt from the Disclosing Party; (c) comes into the Receiving Party's possession through lawful means from a third party with no obligation to maintain its confidentiality; (d) the Receiving Party can show was independently developed by it without use of or reference to the Confidential Information of the Disclosing Party; (e) is furnished to others by the Disclosing Party without confidentiality obligations or restrictions; or (f) is disclosed by the Receiving Party with the prior written approval of the Disclosing Party. In addition, if the Receiving Party is compelled by order of a court, regulatory agency or other governmental body to disclose any Confidential Information of the Disclosing Party, the Receiving Party will promptly notify the Disclosing Party and will cooperate, at Disclosing Party's expense, in opposing or seeking to limit the order. If the Disclosing Party declines to oppose the order, or the effort is ultimately unsuccessful, the Receiving Party may disclose Confidential Information of the Disclosing Party only to the extent required to comply with the order and will use commercially reasonable efforts to obtain confidential treatment of any Confidential Information to be disclosed.

 

Following the completion of the Receiving Party's use of any Confidential Information of the Disclosing Party pursuant to these Terms, the Receiving Party will promptly delete or destroy all such Confidential Information and, upon the Disclosing Party's request, will certify in writing that it has fully complied with its obligations under this Section 2.3.

 

The Receiving Party acknowledges that its breach of this Section 2.3 may result in irreparable harm to the Disclosing Party for which money damages may be inadequate. Accordingly, the Disclosing Party will be entitled to seek immediate equitable and other provisional relief, including specific performance of these Terms and a temporary restraining order or preliminary or permanent injunction, as a remedy for such breach, in addition to all other remedies available to the Disclosing Party at law or in equity and without prejudice to any such other remedies.

 

2.4.         Organization Content

 

Each Organization may use the Application to create, post, store and share content with Registered Users who follow the Organization, including messages, text, photos, and other materials (collectively, "Organization Content"). Except for the license granted in this Section 2.4, each Organization retains all rights in and to its Organization Content, as between the Organization and PRP.

 

You, on behalf of the Organization, grant PRP a non-exclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, and publicly display your Organization Content and any name, username or likeness provided in connection with your Organization Content for purposes of operating, providing, maintaining and improving the Application and providing information related to your Organization to Registered Users and non-registered users of the Application.

 

You may not create, post, store or share any Organization Content that violates these Terms or for which you do not have all the rights necessary to grant PRP the license described above. You represent and warrant that your Organization Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor Organization Content, we may delete or remove Organization Content at any time and for any reason with or without notice.

 

2.5.         Prohibited Content

 

You may not provide any Organization Content that is confidential and for which you do not have all necessary rights to disclose. You may not create, post, store or share any Organization Content that:

 

·       is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;

·       would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;

·       may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

·       contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;

·       impersonates, or misrepresents your affiliation with, any person or entity;

·       contains any private or personal information of a third party without such third party's consent;

·       contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or

·       in our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying the Application, or may expose PRP or others to any harm or liability of any type.

 

2.6.         Relationship of the Parties

 

PRP and each Organization that uses the Application are independent contractors. These Terms will not be interpreted or construed to create any association, agency, joint venture, partnership, or contract of employment between PRP and any Organization. Each Organization acknowledges that it understands and agrees that (a) it is not an employee, agent, partner, subsidiary or affiliate of PRP; (b) it will not hold itself out as an employee, agent, partner, subsidiary or affiliate of PRP; and (c) it does not have the authority to bind PRP to any third-party obligations.

 

2.7.         Compliance with Applicable Law

 

Each Organization represents and warrants that the Organization is, and at all times will be, in full compliance with these Terms and all Applicable Laws.

 

PART 3:  GENERAL TERMS

 

3.1.         Eligibility to Use the Application

You must be at least 13 years of age to access and use the Application. If you are under 18 years of age (or the age of legal majority where you live), you may access and use the Application only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority where you live), you agree to be fully responsible for the acts or omissions of such user in relation to the Application.

If you are accessing or using the Application on behalf of another person or entity, (a) all references to "you" throughout these Terms will include that person or entity; (b) you represent that you are authorized to accept these Terms on that person's or entity's behalf; and (c) in the event you or that person or entity violates these Terms, that person or entity agrees to be responsible to us.

 

3.2.         Prohibited Activities and Content

You agree that you will not violate any Applicable Laws or any applicable contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while accessing and using the Application. You also agree that you will not:

 

§  engage in any harassing, threatening, intimidating, predatory or stalking conduct;

§  copy, reproduce, distribute, publicly perform or publicly display all or part of the Application, except as expressly permitted by us or our licensors, as applicable;

§  modify the Application, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon the Application;

§  use the Application other than for its intended purpose or in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Application, or that could damage, disable, overburden or impair the functioning of the Application in any manner;

§  reverse engineer any aspect of the Application or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Application;

§  use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from the Application;

§  develop or use any applications that interact with the Application without our prior written consent;

§  send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes; or

§  use the Application for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

 

You may not provide any content through the Application that is confidential and for which you do not have all necessary rights to disclose. You may not create, post, store or share any content that:

 

·       is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;

·       would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;

·       may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

·       contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;

·       impersonates, or misrepresents your affiliation with, any person or entity;

·       contains any private or personal information of a third party without such third party's consent;

·       contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or

·       in our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying the Application, or may expose PRP or others to any harm or liability of any type.

 

If you would like to report any conduct violating this Section 3.2, please email us at info@prp-hawaii.com and include "Inappropriate Conduct" in the subject line of your email.

 

3.3.         Ownership

 

The Application, including the text, graphics, images, photographs, logos, slogans and other content contained therein, are owned by PRP or our licensors. Except as explicitly stated in these Terms, PRP and our licensors reserve all rights in and to the Application, which includes all such content therein.

 

3.4.         Access to and Use of the Application

 

You may access and use the Application solely for your personal use and only as allowed by these Terms. However, we may suspend or terminate your ability to access and use all or part of the Application at any time and for any reason (or no reason) without notifying you first. We also reserve the right to discontinue providing the Application at any time. We are not responsible for any harm related to your inability to access or use the Application.

 

3.5.         Trademarks

 

"Pacific Resource Partnership," "PRP," " KĀKOU" and "Tap into Democracy" and our logos, our slogans, and the look and feel of the Application are trademarks of PRP and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product or service names, and company names or logos mentioned in the Application are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

 

3.6.         Feedback

 

You may voluntarily submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about PRP or the Application (collectively, "Feedback"). You acknowledge that you understand that PRP may use such Feedback for any purposes, commercial or otherwise, without acknowledgement or compensation to you, including to develop, copy, publish, or improve the Feedback in PRP's sole discretion. You further acknowledge that you understand that PRP may treat Feedback as nonconfidential.

 

3.7.         Third-Party Content

 

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available in or through the Application (collectively, "Third-Party Content"). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties (including Organizations) and your use of or interaction with any Third-Party Content are solely between you and the third party. PRP does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

 

3.8.         Indemnification

 

You will indemnify, defend and hold harmless PRP, our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the "PRP Parties") from and against any loss, liability, claim, demand, damages, expenses or costs (including attorneys' fees), arising out of or related to (a) your access to and use of the Application; (b) Feedback you submit; (c) your violation of these Terms or any Applicable Laws; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct or your performance of your obligations in connection with the Application or under these Terms. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and PRP or the other PRP Parties.

 

3.9.         Disclaimers

 

Your access to and use of the Application is at your sole risk. The Application and any content therein is provided "as is" and "as available" without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In addition, PRP does not represent or warrant that the Application or any content therein is accurate, complete, reliable, current or error-free. While PRP attempts to make your access to and use of the Application safe, we cannot and do not represent or warrant that the Application or our servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Application.

 

3.10.      Limitation of Liability

 

To the fullest extent permitted by Applicable Laws, PRP and the other PRP Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty or otherwise—for any indirect, consequential, exemplary, incidental, special or punitive damages or lost profits, even if PRP or the other PRP Parties have been advised of the possibility of such damages.

 

The total liability of PRP and the other PRP Parties, for any claim arising out of or relating to these Terms or the Application, regardless of the form of the action, is limited to the lesser of (a) the amount paid, if any, by you to PRP to access and use the Application and (b) $100.00.

 

The limitations set forth in this Section 3.10 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of PRP or the other PRP Parties or for any other matters in which liability cannot be excluded or limited under Applicable Laws. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

 

3.11.      Transfer and Processing Data

 

In order for us to provide the Application, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.

 

3.12.      Dispute Resolution; Binding Arbitration

 

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with PRP and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.

 

No Representative Actions. You and PRP agree that any dispute arising out of or related to these Terms or the Application is personal to you and PRP and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

 

Arbitration of Disputes. Except for small claims disputes in which you or PRP seeks to bring an individual action in small claims court located in the county of your residence address or disputes in which you or PRP seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and PRP waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or the Application resolved in court. Instead, for any dispute or claim that you have against PRP or relating in any way to the Application, you agree to first contact PRP and attempt to resolve the claim informally by sending a written notice of your claim ("Notice") to PRP by email at info@prp-hawaii.com or by certified mail addressed to 1100 Alakea Street, 4th Floor, Honolulu, Hawaii 96813. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and PRP cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Honolulu, Hawaii, in accordance with the JAMS Streamlined Arbitration Rules and Procedures ("JAMS Rules"). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.

 

You and PRP agree that these Terms affect interstate commerce and that the enforceability of this Section 3.12 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by Applicable Laws. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

 

The arbitrator, PRP, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

 

You and PRP agree that for any arbitration you initiate, you will pay the filing fee and PRP will pay the remaining JAMS fees and costs. For any arbitration initiated by PRP, PRP will pay all JAMS fees and costs. You and PRP agree that the state or federal courts of the State of Hawaii and the United States sitting in Honolulu, Hawaii have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

 

Any claim arising out of or related to these Terms or the Application must be filed within one (1) year after such claim arose; otherwise, the claim is permanently barred, which means that you and PRP will not have the right to assert the claim.

 

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 3.12 by sending a written opt-out notice to PRP by email at info@prp-hawaii.com with “Arbitration Opt-out” in the subject line. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 3.13.

 

If any portion of this Section 3.12 is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 3.12 or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 3.12; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 3.12 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 3.12 will be enforceable.

 

3.13.      Governing Law and Venue

 

Any dispute arising from these Terms and your use of the Application will be governed by and construed and enforced in accordance with the laws of the State of Hawaii, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the State of Hawaii or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of the State of Hawaii and the United States, respectively, sitting in Honolulu, Hawaii.

 

3.14.      Changes to These Terms

 

We may make changes to these Terms from time to time. If we do make changes, we will post the amended Terms in the Application and will update the "Last Updated" date at the beginning of these Terms. We may also attempt to notify you by sending you an email notification or providing notice through the Application. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of the Application after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using the Application.

 

3.15.      Interpretation; Severability

 

In these Terms, the singular includes the plural and the plural the singular; the terms "including" and "include" will mean "including but not limited to"; and references to a "Section" will mean a section of these Terms, unless otherwise expressly stated. All section titles in these Terms are for reference purposes only and will not control or alter the meaning of these Terms as set forth in the text.

 

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

 

3.16.      Miscellaneous

 

These Terms constitute the entire agreement between you and PRP relating to your access to and use of the Application. The failure of PRP to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

 

3.17.      Privacy

 

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.