Note: This Terms of Service template is provided for general informational purposes and does not constitute legal advice. Consider having counsel review it for your specific business and jurisdiction.
OVERVIEW
This website is operated by PROP TECHNOLOGY SOLUTIONS LLC (“Prime Passing”, “we”, “us”, “our”). Prime Passing offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including any additional terms and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to these Terms, you may not access the website or use the Service.
Any new features or tools added to the current store shall also be subject to these Terms. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. Your continued use of or access to the website following the posting of changes constitutes acceptance of those changes. You can review the most current version of the Terms at any time on this page.
Our store is hosted on Shopify Inc., which provides us with the online e‑commerce platform that allows us to sell our products and services to you.
SECTION 1 – ELIGIBILITY & ACCOUNTS
You must be at least the age of majority in your state or country of residence to use the Service. By agreeing to these Terms, you represent that you meet this requirement, and if you allow any minor dependents to use the site, you do so only with your consent and supervision. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
SECTION 2 – ONLINE STORE TERMS
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, or code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 3 – GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.
SECTION 4 – ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION
The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree it is your responsibility to monitor changes to our site.
SECTION 5 – MODIFICATIONS TO THE SERVICE & PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 6 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website and may have limited quantities. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store; however, we cannot guarantee that your monitor’s display of any color will be accurate. We reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction, and to limit the quantities of any products or services that we offer. All descriptions of products or pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time.
SECTION 7 – ORDERS, BILLING & ACCOUNT INFORMATION
We reserve the right to refuse any order. We may limit or cancel quantities purchased per person, per household, or per order, including orders placed by or under the same account, the same credit card, and/or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you via the email and/or billing address/phone number provided at the time the order was made. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store and to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.
Given the nature of our digital products and services, all sales are final and non‑refundable once access has been granted, content has been delivered, or a credential/API key/license has been issued.
Exceptions. Notwithstanding the above, we may issue a refund or credit at our sole discretion in the following limited cases: (a) duplicate purchases resulting in double billing; (b) a verifiable, persistent technical issue on our side that prevents access to the purchased digital product despite your reasonable cooperation with our support; or (c) where required by applicable law.
EU/UK consumers. If you are a consumer located in the EU/UK and purchase digital content not supplied on a tangible medium, you acknowledge and expressly consent that delivery begins immediately upon purchase and that you thereby lose the right of withdrawal once delivery has started, to the extent permitted by law.
How to request a review. To request a refund review under the above exceptions, contact us at [email protected] within 7 days of purchase with your order number, purchase email, and a description of the issue. We may require additional information to investigate your request.
Chargebacks. You agree to contact us first to attempt to resolve any issue. Unsubstantiated or fraudulent chargebacks may result in account suspension and collection activities. We reserve the right to dispute chargebacks and provide proof of delivery/access.
If you purchase a subscription, it will renew automatically at the end of each billing cycle unless you cancel before renewal. You can cancel at any time effective at the end of the current paid period; cancellations do not provide refunds for partial periods unless required by law. Promotional discounts apply only to the initial term unless stated otherwise.
SECTION 10 – DELIVERY OF DIGITAL PRODUCTS & ACCESS
Digital products are delivered by enabling account access, download links, license keys, or similar mechanisms promptly after payment is confirmed. You are responsible for maintaining adequate hardware, software, and Internet access to use the Service. We may update or discontinue features from time to time.
SECTION 11 – INTELLECTUAL PROPERTY
All content and materials on the website, including but not limited to text, graphics, logos, icons, images, audio clips, downloads, data compilations, and software, are owned by or licensed to Prime Passing and are protected by intellectual property laws. Except as expressly authorized, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Service.
SECTION 12 – USER CONTENT, FEEDBACK & LICENSE GRANT
If you send submissions (e.g., ideas, suggestions, proposals, plans, or other materials), you grant us a worldwide, royalty‑free, perpetual, irrevocable, sublicensable and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media. We are under no obligation (1) to maintain any submissions in confidence; (2) to pay compensation; or (3) to respond to any submissions. You are solely responsible for your content and agree that it will not infringe any third‑party rights or contain unlawful, abusive, or malicious material.
SECTION 13 – THIRD‑PARTY LINKS & OPTIONAL TOOLS
Certain content, products, and services available via the Service may include materials from third parties. Third‑party links on this site may direct you to websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability for any third‑party materials or websites. Your use of optional third‑party tools provided through the site is entirely at your own risk and discretion.
SECTION 14 – PROHIBITED USES
In addition to other prohibitions set forth in these Terms, you are prohibited from using the site or its content for any unlawful purpose; to violate any laws; to infringe upon intellectual property rights; to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; to submit false or misleading information; to upload or transmit viruses or malicious code; to collect or track personal information; to spam, phish, pharm, pretext, spider, crawl, or scrape; for obscene or immoral purposes; or to interfere with security features of the Service or related websites.
SECTION 15 – DISCLAIMER OF WARRANTIES
We do not guarantee, represent, or warrant that your use of the Service will be uninterrupted, timely, secure, or error‑free. We do not warrant that the results obtained from the Service will be accurate or reliable. You agree that we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. The Service and all products and services delivered to you through the Service are provided “as is” and “as available,” without any representations, warranties, or conditions of any kind, either express or implied, including implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non‑infringement.
SECTION 16 – LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no case shall PROP TECHNOLOGY SOLUTIONS LLC (Prime Passing), its directors, officers, employees, affiliates, agents, contractors, suppliers, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, arising from or related to your use of the Service or any products procured using the Service, even if advised of the possibility of such damages. In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability shall be limited to the fullest extent permitted by law.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless PROP TECHNOLOGY SOLUTIONS LLC and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 18 – GOVERNING LAW & DISPUTE RESOLUTION
These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of New Mexico, USA, without regard to conflict of law principles.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by a recognized arbitration provider in Albuquerque, New Mexico, in English, on an individual basis (no class arbitrations/class actions), and judgment on the award may be entered in any court having jurisdiction. You and we each waive any right to a jury trial. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction for claims of intellectual property infringement or misappropriation.
SECTION 19 – SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed, without affecting the validity and enforceability of any remaining provisions.
SECTION 20 – TERMINATION
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use the Service or when you cease using the site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.
SECTION 21 – ENTIRE AGREEMENT
These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 22 – CHANGES TO TERMS
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.
SECTION 23 – CONTACT INFORMATION
Questions about these Terms should be sent to [email protected] or by mail to: PROP TECHNOLOGY SOLUTIONS LLC, 1209 MOUNTAIN ROAD PL NE STE N, ALBUQUERQUE, NM 87110 USA.
