Revised March 20, 2019
ACCEPTANCE OF TERMS
These Terms and Conditions ("Terms and Conditions" or "Agreement") apply to all: (a) transactions through the Pre-Fi, LLC. website and all other websites owned and operated by Pre-Fi, LLC., including, but not limited to, your purchase of the membership based products known as Pre-Fi, LLC. (collectively, the "Products"); (b) your access to and use of the websites located at Pre-Fi, LLC. (the "Product Website"); and (c) your access to and use of text, pictures, graphics, logos, button items, icons, images, works of authorship and other information and all revisions, modifications, and enhancements thereto (the "Content").
YOUR ORDER OF, USE OF, AND ACCESS TO, THE PRODUCTS, PRODUCT WEBSITES AND CONTENT ARE SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR ORDER OF, ACCEPTANCE OF, USE OF, AND/OR ACCESS TO, THE PRODUCTS, PRODUCT WEBSITES AND/OR CONTENT CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ORDER, USE OR ACCESS ANY PRODUCT, PRODUCT WEBSITE OR CONTENT, OR ANY OF THE INFORMATION WITHIN THE PRODUCT, PRODUCT WEBSITE, OR CONTENT, DISCARD THE PRODUCTS YOU RECEIVED IMMEDIATELY.
This Agreement may be updated from time to time. Online customers should check the Product Websites regularly for updates to these Terms and Conditions. Each time you order, access or use any of the Products, Product Websites, and/or Content, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then current Agreement.
USE OF THE PRODUCTS
In consideration of your order of, access to, and/or use of any Product, Product Website, and/or Content you agree to provide true, accurate, complete and current information about yourself, in any Product, when prompted to do so by the registration and application forms or requested to do so by Pre-Fi, LLC.. By registering, you certify that you are eighteen (18) years of age or older. If any information you provide is untrue, inaccurate or not current, or if Pre-Fi, LLC. has reasonable grounds to suspect that such information is untrue, inaccurate or not current, Pre-Fi, LLC., at its sole discretion, has the right to suspend or terminate your order of, use of, and/or access to, any Product, Product Website and/or Content, and refuse all current or future orders of, use of, and/or access to, any Product, Product Website and/or Content, or suspend or terminate any portion thereof. Further, you agree that Pre-Fi, LLC. will not be liable to you or any third party if Pre-Fi, LLC. suspends or terminates your order of, use of, or access to any Product, Product Websites or Content, or any portion thereof, for any reason.
While enrolling for the products and/or services, we will ask you for the following types of information: contact information (such as name, address, phone number, and e-mail address); financial information (such as credit card number). This information is required in order to charge you the agreed upon fees for our products and services, and to fulfill our obligation to provide our products and services to you, including communicating with third parties as necessary to provide such products and services.
If you would like to request a refund for any reason please contact customer service at (619) 363-3173 or contact Pre-Fi, LLC. in writing, no later than 60 days from when the disputed charge was posted to your account. You hereby waive all claims, disputes, or refunds requests after the 60 day period. After the 60 day period all charges are deemed to be correct and accurate. When a refund is approved it may take up to 7 business days to be returned to your account Disputes should be sent to: email@example.com.
YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND Pre-Fi, LLC., AND ITS PARENTS, AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES, INCLUDING BUT NOT LIMITED TO TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION AT A LOCATION DETERMINED BY THE ARBITRATOR. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY ANY STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT ("FAA"). NEITHER YOU (NOR ANY OF YOUR MINOR CHILDREN) NOR Pre-Fi, LLC. SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY.
MODIFICATION OF PRODUCTS
Pre-Fi, LLC. may, at its discretion, modify or discontinue any of the Products, Product Websites or Content, or any portion thereof, with or without notice. You agree that Pre-Fi, LLC. will not be liable to you or any third party for any modification or discontinuance of any of the Products, Product Websites or Content.
Pre-Fi, LLC. may use your personal information to the extent necessary to process your order and/or engage in business.
REVIEW AND RECEIPT OF PRIVACY NOTICE
You must have an email address and a Java-compatible browser such as Google Chrome, Internet Explorer 5.0 or higher, or AOL 8.0 or higher to receive your Products online. As an online customer, you are agreeing to receive all notifications via email at the email address on file with Pre-Fi, LLC.. To ensure receipt of all notifications, you are obligated to update the email address on file when your email address changes.
NO WARRANTY BY Pre-Fi, LLC.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PRODUCTS, PRODUCT WEBSITES AND CONTENT IS AT YOUR SOLE RISK. ALL PRODUCTS, PRODUCT WEBSITES AND CONTENT ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. Pre-Fi, LLC. AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. Pre-Fi, LLC. MAKES NO WARRANTY THAT (I) THE PRODUCTS AND CONTENT ARE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; AND (II) ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR CONTENT WILL BE RELIABLE.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT Pre-Fi, LLC. WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE, OR INABILITY TO USE THE PRODUCTS, PRODUCT WEBSITES, CONTENT OR MEMBERSHIP BENEFITS, OR FROM YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE UPON ANY LINKED WEB SITE (IF APPLICABLE), EVEN IF Pre-Fi, LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON Pre-Fi, LLC., THEN YOU AGREE THAT Pre-Fi, LLC.'S TOTAL LIABILITY TO YOU FOR ANY OR ALL OF YOUR LOSSES OR INJURIES FROM Pre-Fi, LLC.'S ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO Pre-Fi, LLC. FOR THE PRODUCT(S) YOU PURCHASE FROM Pre-Fi, LLC..
REGISTERING FOR ANY PRODUCT
To purchase any Product, you must have an address within the United States, email address and agree to be bound by these Terms and Conditions. In other limited circumstances, you may need to provide a valid telephone number so that Pre-Fi, LLC. can process your order. You must provide valid credit card information. Pre-Fi, LLC. will then evaluate your complete registration information.
In certain jurisdictions sales tax at state and local rates may apply, in which case you may be charged the applicable taxes in addition to the monthly fee and/or the price of the product.
The images, text, screens, web pages, materials, data, content and other information (“Content”) used and displayed on the Site, including but not limited to its licensors and are protected by copyright, trademark and other laws. In addition to its rights in individual elements of the Content within the Site, Pre-Fi, LLC. owns copyright or patent rights in the selection, coordination, arrangement and enhancement of such Content. None of the Content may be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of Pre-Fi, LLC. or the owner of the Content.
The laws applicable to the interpretation of these terms and conditions shall be the laws of the State of California, USA, and applicable federal law, without regard to any conflict of law provisions. You agree that any and all disputes arising under this Agreement, if submitted to a court of law, shall be submitted to the state and federal courts of San Diego County, California, USA.
Policy Regarding Children
We define children as individuals under the age of 18. The Site is not intended for the use of children and we do not intend to collect information about children through the Site. You must be at least 18 to access all products and services through this Site.
You acknowledge and agree that Pre-Fi, LLC.'s name, the Pre-Fi, LLC. Logo, Page Headers and other Pre-Fi, LLC. terms, phrases, graphics, logos, and icons are common law or registered trademarks, service marks, and/or trade dress of Pre-Fi, LLC. (collectively "Marks"). You agree you will not use any such Content or Marks for any purpose without the appropriate prior written authorization. Pre-Fi, LLC. Marks may not be used in connection with any product or service that is not Pre-Fi, LLC.'s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Pre-Fi, LLC.. All other trademarks, product names, or logos not owned by Pre-Fi, LLC. that appear on this Product Website are the property of their respective owners.
All Content included on this Product Website, such as text, graphics, logos, button items, icons, images, data compilation, is the property of Pre-Fi, LLC. or its suppliers and is protected by United States and international copyrights laws. All software used on this site is the property of Pre-Fi, LLC. or its software suppliers and is protected by United States and international copyright laws Reproduction of such content, in whole or in part, is prohibited without prior consent.