Terms of Service

Welcome to PrepFlash.com (the "Site"). The Site and any services provided by PrepFlash Inc (“PrepFlash”) on or in connection with the Site (the "Services") are provided to you individually or, if you are subscribing to the Site on behalf of an organization, the entity on whose behalf you act ("You") subject to the following terms and conditions (the "Terms of Service"). By using or subscribing to the Site or the Services, You agree to be bound by these Terms of Service. If You do not agree to these Terms of Service, do not use the Site or the Services.

1. Children

You affirm that you are over 13 years of age. If you are 13 years of age or under, you may not use the Site or the Services.

2. Changes to these Terms of Service

PrepFlash reserves the right to make changes to these Terms of Service by advising You of the proposed change using a form of notice that is appropriate for the nature of the proposed change(s), including where appropriate by posting amended Terms of Service on the Site. The changes are effective on the earlier of

  • (i) PrepFlash providing You with notice of such changes, or
  • (ii) 14 days after the amended Terms of Service are posted on the Site.

If You do not agree to the amended Terms of Service, do not use the Site or the Services after the effective date of the amendment.

3. Privacy Policy

PrepFlash collects, uses, and discloses Your personal information in accordance with our Privacy Policy. By providing information to PrepFlash, You consent to the use of such information in accordance with the Privacy Policy.

4. Use of the Site

Effective upon PrepFlash’s acceptance of your request to become a registered user of the Site and provided that You continue to comply with these Terms of Service, PrepFlash grants to You a personal, non-assignable, license to log into and access the Site and to place content on the Site ("Your Content"). Some of the services offered by PrepFlash are free of charge, while others may cost money or have other requirements. Any such fees or requirements will be clearly explained and separately agreed to when You subscribe to such services.

5. Your Content

You are responsible for ensuring that you have the right to provide Your Content to PrepFlash for hosting, transmission, and publication in connection with the Site and the Services and, notwithstanding any disclaimers or limitations otherwise applicable in respect of Your Content, You agree to hold harmless and indemnify PrepFlash for any liability arising from Your Content.

By submitting Your Content to PrepFlash, You automatically grant, and You represent and warrant that You have the right to grant, to PrepFlash and its licensees an irrevocable, perpetual, non-exclusive, royalty-free, transferable, sublicensable and worldwide license to reproduce, copy, publicly perform, publicly display, publish, reformat, translate, excerpt (in whole or in part), distribute, prepare derivative works (including collections) of, incorporate into other works and otherwise use and exploit Your Content in connection with the Site and PrepFlash's (and its successors' and affiliates') business, including, without limitation, for promoting, advertising and redistributing part or all of the Site and derivative works thereof in any media formats and through any media channels, and to grant and authorize sublicenses of the foregoing.

You also hereby grant each user of the Site a non-exclusive license to access Your Content through the Site, and to use, reproduce, distribute, display and perform Your Content as permitted through the functionality of the Site and under these Terms of Service. PrepFlash reserves the right to remove Your Content, in whole or in part, from the Site at any time. Unless otherwise stated for specific Services, PrepFlash does not assert any ownership over Your Content; rather, as between PrepFlash and You, subject to the rights and licenses granted to PrepFlash in these Terms of Service, You retain full ownership of all Your Content and any intellectual property rights or other proprietary rights associated with Your Content.

6. Termination of Access

If You use the Site in any manner that is prohibited by these Terms of Service, PrepFlash may without notice terminate or suspend Your use of or access to the Site or the Services.

7. Changes to the Site

PrepFlash reserves the right to change any aspect of the Site or the Services including the right to refuse or remove any content, whatever the source, at any time without any notice or liability to You.

8. Prohibited Use of the Site

The Site is provided to You for your personal use. You may not use the Site to engage in any unlawful activity or to infringe the rights of PrepFlash, its affiliates, or its customers.

You further agree that You will not and You will not allow Your representatives or agents to:

  • (i) interfere with the operation of the Site or the Services, in any way or interfere with anyone's use or enjoyment of the Site or the Services, or use the Site or the Services to gain unauthorized access to other computer systems;
  • (ii) send chain letters, junk mail, or spam or use any distribution lists in respect of any person who has not given specific permission to be included in such a process or to distribute or publish advertisements or solicitations of business;
  • (iii) transmit any unlawful, harassing, libelous, defamatory, abusive, threatening, or harmful material of any kind or nature or transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national or international law or regulation;
  • (iv) impersonate any person or entity on or through the Site;
  • (v) post any content that may be considered threatening, abusive, vulgar, obscene, or otherwise objectionable;
  • (vi) post any content that You do not own or do not have the right to post;
  • (vii) reverse assemble, reverse engineer, decompile, or otherwise attempt to derive source code from the software used in the Site or any component thereof (except as permitted under applicable local law after having given PrepFlash written notice of requiring such information or specifications for the good faith and reasonable purpose of interoperability);
  • (viii) copy, reproduce, modify, sell, lease, scrape content from or aggregate, sublicense, market, or otherwise change or commercially exploit in any way the Site or the Services or any component thereof other than as may be expressly permitted in writing by PrepFlash or as permitted pursuant to any fair use, fair dealing, or similar provisions of applicable laws; or
  • (ix) disclose Your password or otherwise grant access to the Site to any third party,

other than Your authorized agent, without the prior written consent of PrepFlash) You agree to abide by all additional rules, policies, and restrictions of which You are provided with notice that apply to any portion of the Site or the Services.

9. Operation and Maintenance of the Site

PrepFlash operates the Site in a commercially reasonable manner and may from time to time interrupt the Site's services for regular and emergency maintenance. Where PrepFlash has advance knowledge of any interruption to the Site's services, PrepFlash will make reasonable efforts to provide advance notice of any such interruption.

10. Monitoring Use of the Site

PrepFlash has no obligation to monitor its Services, but may do so and disclose information regarding use of the Services for any reason if PrepFlash, in its sole discretion, believes that it is reasonable to do so, including, without limitation, to:

  • (i) satisfy laws, regulations, or governmental or legal requests,
  • (ii) operate the Services properly, or
  • (iii) protect itself and its customers and users.

PrepFlash may immediately remove material or information from PrepFlash’s servers, in whole or in part, which PrepFlash, in its sole and absolute discretion, determines to infringe another’s property rights or to violate the terms of use set forth herein. You hereby waive any expectation of privacy in such information and activity. Your waiver of rights in all such monitoring does not apply to personally identifiable information, which is handled by PrepFlash in accordance with the Privacy Policy of the Site.

11. Intellectual Property of PrepFlash

The copyright to the Site, the design and appearance of the Site, and all software, processes and technology interactive with the materials and content placed on the Site by You or other users are owned by or licensed to PrepFlash.

PrepFlash reserves all rights in any such proprietary rights, and no license is hereby granted or implied, such rights being exclusively reserved and retained by PrepFlash strictly for Your access and use of the Site and Services. All content and materials are protected by law against unauthorized copying and reproduction. Any use, reproduction, or distribution of material, including caching, framing, or similar means, from the Site (except as permitted herein) without written permission of PrepFlash is expressly prohibited. © Copyright 2009 PrepFlash. All rights reserved. ["PrepFlash"] and [“PrepFlash”] are registered or unregistered trade-marks of PrepFlash or its affiliates or associates in the United States or other countries.

Other service and product marks that appear on the Site are the trade-marks of their respective owners. The display of any trade-marks on the Site does not imply that a license has been granted for any further use.

12. Claims of Infringement

PrepFlash respects the intellectual property rights of others. However, third party materials that are not owned or controlled by PrepFlash may be transmitted, stored, accessed or otherwise made available using the Service. You agree to notify PrepFlash if and to the extent any situation arises wherein you believe any material available through the Service infringes a copyright. Any claimant must notify PrepFlash using the notice procedure for claimed infringement under the Digital Millennium Copyright Act ("DMCA") and provide the following:

If you believe that your work has been copied and has been posted, stored or transmitted to PrepFlash’s website or Services in a way that constitutes copyright infringement, please submit a notification pursuant to the DMCA by providing PrepFlash's designated agent the following written information:

  • (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest,
  • (ii) a description of the copyrighted work that you claim has been infringed upon,
  • (iii) a specific description of where the material that you claim is infringing is located on the website,
  • (iv) your address, telephone number, and email address,
  • (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and
  • (vi) a statement by you, made under penalty of perjury,

that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

13. Dealing with Third Parties

Any correspondence or business dealings with any third parties found on or through the Site is solely between You and such parties. PrepFlash is not responsible for any damages You may claim or suffer by entering into such transactions or communications. You and the third party, not PrepFlash, are responsible for compliance with all laws applicable in any such transaction or communication.

14. No Warranties and No Liability

You acknowledge and agree that the Site and the Services are provided to You on an "AS IS", "WITHOUT ANY WARRANTIES" and "WITHOUT ANY LIABILITY" basis. The parties to these Terms of Service acknowledge and agree that this limitation on liability is reasonable in the circumstances.

PREPFLASH DOES NOT GUARANTEE THE QUALITY, ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SITE OR THE SERVICES OR THE INFORMATION PROVIDED IN CONNECTION THEREWITH, WHICH MAY CONTAIN ERRORS. YOU SHOULD NOT ASSUME THAT YOUR USE OF THE SITE OR THE SERVICES WILL BE ERROR FREE OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION.

PREPFLASH DISCLAIMS AND EXCLUDES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS REGARDING USE OF THE SITE OR THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED AND WHETHER ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

PREPFLASH IS NOT RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OR MISUSE OF THE SITE OR THE SERVICES OR IN RELIANCE ON THE INFORMATION AVAILABLE ON THE SITE, INCLUDING, WITHOUT LIMITATION, ANY BUSINESS INTERRUPTION, LOSS OF USE, LOST DATA, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY PECUNIARY LOSS, WHETHER IN AN ACTION OF CONTRACT, CIVIL LIABILITY, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF PREPFLASH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE.

WHERE THE LIMITATION OR THE EXCLUSION OF CERTAIN TYPES OF DAMAGES IS NOT ALLOWED, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THESE TERMS OF SERVICE SHALL NOT APPLY ONLY IF AND TO THE EXTENT THAT THE LAWS OF A COMPETENT JURISDICTION REQUIRES LIABILITIES BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS.

15. Limit on Damages and Claims

NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS OF SERVICE, YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE OF PREPFLASH'S LIABILITY TO YOU IN ANY CIRCUMSTANCE EXCEED THE FEES ACTUALLY PAID BY YOU IN RESPECT OF THE SITE OR, IN THE EVENT THAT YOU HAVE NOT PAID ANY FEES IN RESPECT OF THE SITE, $500.00 (US).

ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

16. Indemnity

YOU HEREBY AGREE TO HOLD HARMLESS AND INDEMNIFY PREPFLASH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES, OR COSTS THEY INCUR ARISING AS A RESULT OF YOUR MISUSE OF THE SITE, YOUR VIOLATION OF THESE TERMS OF SERVICE, OR YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF PREPFLASH OR ANY OTHER PERSON OR ENTITY, INCLUDING SUCH ACTIVITIES THAT ARE CARRIED OUT BY ANY INDIVIDUAL USING YOUR LOGIN OR PASSWORD INFORMATION.

17. Entire Agreement

These Terms of Service, together with the Privacy Notice at here and any other legal notices published on the Website, shall constitute the entire agreement between you and PrepFlash concerning the Site. A waiver by PrepFlash of any terms herein shall not be construed as a waiver of any subsequent breach of this Agreement. This Agreement shall be governed by the laws of the State of Texas without regard to choice of law principles. This agreement is accepted and performed at Travis County, Texas, and venue shall be proper only in that county. No amendments or modifications to this Agreement shall be effective or binding against PrepFlash unless expressly agreed to in writing by an authorized representative of PrepFlash. In the event any one or more of the provisions contained in this Agreement shall be invalid, illegal or unenforceable in any respect under any applicable statute or rule of law, then such provisions shall be deemed inoperative to the extent that they are invalid, illegal or unenforceable, and the remainder of this Agreement shall continue in full force and effect. Any invalid, illegal or unenforceable provisions shall be reformed and modified so that they express the original intent of the parties hereto as closely as reasonably practicable without being invalid, illegal or unenforceable.

Privacy Policy

Last updated: January 2014

Information that is gathered from visitors

In common with other websites, log files are stored on the web server saving details such as the visitor's IP address, browser type, referring page and time of visit. Cookies may be used to remember visitor preferences when interacting with the website. Where registration is required, the visitor's email and a username will be stored on the server.

How the Information is used

The information is used to enhance the visitor's experience when using the website to display personalized content and possibly advertising. E-mail addresses will not be sold, rented or leased to 3rd parties. E-mail may be sent to inform you of news of our services or offers by us or our affiliates.

Visitor Options

If you have subscribed to one of our services, you may unsubscribe by following the instructions which are included in e-mail that you receive. You may be able to block cookies via your browser settings but this may prevent you from access to certain features of the website.

Cookies

Cookies are small digital signature files that are stored by your web browser that allow your preferences to be recorded when visiting the website. Also they may be used to track your return visits to the website. 3rd party advertising companies may also use cookies for tracking purposes.

Google Ads

Google, as a third party vendor, uses cookies to serve ads. Google's use of the DART cookie enables it to serve ads to visitors based on their visit to sites they visit on the Internet. Website visitors may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.

Google Analytics

This website uses Google Analytics to help analyze how users use the site. The tool uses "cookies," which are text files placed on your computer, to collect standard Internet log information and visitor behavior information in an anonymous form. The information generated by the cookie about your use of the website (including IP address) is transmitted to Google. This information is then used to evaluate visitors' us of the website and to compile statistical reports on website activity for PrepFlash.

PrepFlash will not (and will not allow any third party to) use the statistical analytics tool to track or to collect any Personally Identifiable Information (PII) of visitors to our site. Google will not associate your IP address with any other data held by Google. Neither we nor Google will link, or seek to link, an IP address with the identity of a computer user. We will not associate any data gathered from this site with any Personally Identifiable Information from any source, unless you explicitly submit that information via a fill-in form on our website.