Terms and Conditions

Terms and Conditions

Last updated: December 30, 2019

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://goprimarius.com website (the "Service") operated by Erie Custom Computer Applications, Inc. ("ECCA") ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

INTELLECTUAL PROPERTY RIGHTS

The Service and its contents – including, but not limited to, the text, displays, images, videos, and the design and arrangement there of - are owned by ECCA, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These terms and conditions permit you to use the Service for your personal, non-commercial use only, unless otherwise permitted via a written agreement between you and ECCA.

You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on our Service, except as follows:

  • Your device may temporarily store copies of the materials in memory incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display or performance enhancement purposes.
  • You may print a reasonable number of pages of the Service for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

  • Modify copies of any materials from the Service.
  • Use any photographs, video, or any graphics without the written permission of ECCA other than printing or downloading one copy of pages of the Service for personal use as set forth above.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Service.
  • Provide another party access to any part of the Service in breach of these terms and conditions.

Termination

We may terminate or suspend your account and prohibit access to the Service immediately, without prior notice or liability, in our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Links to Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by ECCA.

ECCA has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that ECCA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content, goods or services available on or through any such third-party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Indemnification

You agree to defend, indemnify and hold harmless ECCA and its licensee and licensors, and its employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation of Liability

In no event shall ECCA nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to, use of, or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

ECCA its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.  To the extent that exclusion of certain warranties are, is not permitted, the unenforceable exclusions shall be severed, and the remaining exclusions shall be interpreted as broadly as permitted by law.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Pennsylvania, and the laws of the United States of America, without regard to conflict of law provisions which would apply to the law of a different jurisdiction.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements which may have existed regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us at info@goecca.com.