Our Terms of Service

Primiro Terms of Service
This is an agreement (the "Agreement") that is entered into by and between you ("You") and Primiro, LLC, dba Primiro, (hereinafter referred to as "Primiro") regarding Your use of the Primiro service (the "Service"). By using the Service, You are entering into this Agreement with Primiro and indicating that You agree to these terms and conditions. If You do not agree with these terms and conditions, please do not use the Service. In addition, when using the Service or any related service provided or hosted by Primiro, You and Primiro shall be subject to guidelines or rules applicable to such services. All such guidelines or rules are hereby incorporated by reference into this Agreement. Unless explicitly stated otherwise, any new features that increase or enhance the Service, including the release of new Primiro services, shall be subject to the Agreement.

"Opt In or Opt Out Instructions"

How To Opt In To The Primiro Service
To create your free account and start using Primiro just text the keyword "Primiro" to number  88411 . You will receive instructions via SMS / Text Message along with your temporary user name and password.
 
How To Opt Out Of The Primiro Service
To opt-out from our SMS service, you can text “STOP” into 88411 from your mobile phone and we will unsubscribe you from our SMS text messaging service immediately.  You can also unsubscribe through your profile page on the website. You will not receive any additional messages until you re-register on our website

How To Get Help or Support
To get help, email us at support@primiro.com, or call our toll free support number at 1-877-TXT-CNTR (1-877-898-2687).  From your mobile phone, you may request our contact information at any time by texting HELP to 88411 . Website: http://www.primiro.com/Support/ 

1. Priority. This Agreement, in combination with Primiro's Privacy Policy (available at www.primiro.com/privacy), sets forth the terms and conditions under which Primiro make the Service available to You. In the event of an inconsistency between this Agreement and Primiro's Privacy Policy, this Agreement shall control.

2. Rights Associated with the Service. The Service is designed to help You get, via Your email, articles, news and any information that is located with any of Primiro’s customers (the “Customers”) publications, including but not limited to magazines, labels, billboards, newspapers, pamphlets and brochures (the “Customer’s Publications”). Primiro doesn’t own, operate or has any control of any type over the Customer’s Publications so the content of the Customer’s Publications emailed via the Service are the sole responsibility of the Customers and by using the Service You are voluntarily requesting such Customer’s Publications. The result may be that the Service should give You Customer’s Publications that people might find objectionable, inappropriate, or offensive but it was sent via the Service after being directly requested by You. We cannot guarantee that a Customer Publication will not include unintended or objectionable content. Primiro assumes no responsibility or liability under any circumstances for the Customer’s Publications, especially because they are all requested intentionally by You through the Service.

3. User Editor Platform. There is no function or characteristic within the Service that allows You to edit Customer’s Publications. Any modifications to the Customer’s Publications are herein absolutely prohibited without the Customer’s written and explicit consent. You are solely responsible for any damages to the Customer caused by any type of editing

4. Registration. When You register with Primiro, You must provide true, accurate and complete registration information. Should Primiro suspect that Your information is not accurate and complete; Your account may be subject to suspension or termination. To comply with the Children's Online Privacy Protection Act, at this time Primiro is only available to users who are at least 13 years old. If You are under 13, You may not register to use the Service. Please read Primiro’s Privacy Policy (www.primiro.com/privacy) for additional information as to Primiro’s handling of Your personal information. Primiro retains the right to revoke and/or terminate any user’s registration and all privileges associated with such registration at any time, including for any violation of this Agreement.

5. Use of the Service. You may only display Customer’s Publication obtained through the Service for Your own personal use (i.e., non-commercial use) and may not otherwise copy, reproduce, alter, modify, create derivative works, or publicly display any content. If You are uncertain whether Your intended use of the Service is permissible, please contact us.

6. Customer’s Content. As used herein, is all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials that have been obtain thorough the Service. You understand that all Customer’s Content is the sole responsibility of the person from whom such content originated. This means that You, and not Primiro, are entirely responsible for all Customer’s Content that You might upload, post, email, transmit or otherwise make available via any communication method. In this regard, You understand that Primiro does not monitor or control the Customer’s Content or where it goes after is obtained thought the Service, and instead simply provides a service by allowing users to access information that has been made available. Because Primiro does not control the Customer’s Content, Primiro does not guarantee the accuracy, integrity or quality of such Customer’s Content. You acknowledge that by using the Service, You might intentionally obtain content that might be offensive, indecent or objectionable to people. Under no circumstances will Primiro be liable in any way for any of the Customer’s Content, including, but not limited to, any errors or omissions in any of the Customer’s Content, or any loss or damage of any kind incurred as a result of the use of any Customer’s Content posted, emailed, transmitted or otherwise made available. Should the Customer’s Content be found or reported in violation with, but not limited to, the following terms, it will be Primiro’s sole discretion as to what action should be taken, including suspension and/or termination of Your account.

In addition, You agree to NOT use the Customer’s Content obtained through the Service to:

a. upload, post, email, transmit or otherwise make available any Customer’s Content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

b. upload, post, email, transmit or otherwise make available any Customer’s Content that shows nudity, partial nudity or adult content;

c. upload, post, email, transmit or otherwise make available any Customer’s Content that exhorts others to commit illegal acts;

d. harm minors in any way;

e. impersonate any person or entity, including, but not limited to, a Primiro official, forum leader, guide or host, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

f. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Customer’s Content obtained through the Service;

g. upload, post, email, transmit or otherwise make available any Customer’s Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

h. upload, post, email, transmit or otherwise make available any Customer’s Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

i. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose.

j. allow usage by others in such a way as to violate this Agreement;

k. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

l. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

m. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

n. upload, post, email, transmit or otherwise make available any Customer’s Content that includes personal or identifying information about another person without that person's explicit consent;

o. upload, post, email, transmit or otherwise make available any Customer’s Content that is false, deceptive, misleading, deceitful or constitutes "bait and switch";

p. exceed the scope of the Service that You have signed up for;

q. upload, post, email, transmit or otherwise make available any Customer’s Content that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Nevada law; and/or

r. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.

You acknowledge, consent and agree that Primiro has the right to access, preserve and disclose Your account information and Customer’s Content You obtained while using the Service if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to Your requests for customer service; or (e) protect the rights, property or personal safety of Primiro, its users and the public. Further, Primiro reserves the right to cooperate with legitimate law enforcement requests for information at its sole discretion.
You agree that Primiro may, under certain circumstances and without prior notice, immediately terminate Your Primiro account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Service or other incorporated agreements or guidelines, (b) repeat postings of material in violation of copyright law or other terms of this Agreement, (c) requests by law enforcement or other government agencies, (d) a request by You (self-initiated account deletions), (e) discontinuance or material modification to the Service (or any part thereof), (f) unexpected technical or security issues or problems, (g) extended periods of inactivity, (h) engagement by You in fraudulent or illegal activities, and/or (i) nonpayment of any fees owed by You in connection with the Services. Termination of Your Primiro account includes (a) removal of access to all offerings within the Service, (b) deletion of Your password and all related information, files and content associated with or inside Your account (or any part thereof), and (c) barring of further use of the Service. Further, You agree that all terminations for cause shall be made in Primiro's sole discretion and that Primiro shall not be liable to You or any third party for any termination of Your account, any associated email address, or access to the Service.

7. Intellectual Property Policy. Primiro respects the intellectual property rights of others and endeavors to comply with all applicable US laws regarding intellectual property. Accordingly, it is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act; Primiro reserves the right to terminate accounts of such repeat infringers.

8. Proprietary rights. Primiro and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Services and in all trade names, trademarks and service marks associated or displayed with the Services. You will not remove, deface or obscure any of Primiro's or its suppliers' copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Services. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Services.

9. Termination. You may terminate this Agreement by providing written notice to Primiro via e-mail to support@primiro.com. Such termination will be effective on the last day of the term, subject to (30) days prior written notice. If You fail to comply with any provision of this Agreement, Primiro may terminate this Agreement immediately without notice.

10. Injunctive relief. You acknowledge that any use of the Services contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Services, may cause irreparable injury to Primiro, its affiliates, suppliers and any other party authorized by Primiro to resell, distribute, or promote the Services ("Resellers"), and under such circumstances Primiro, its affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.

11. NO WARRANTIES. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND PRIMIRO, ITS AFFILIATES, SUPPLIERS AND RESELLERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. PRIMIRO, ITS AFFILIATES, SUPPLIERS AND RESELLERS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU.

You agree to indemnify, defend and hold harmless Primiro, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from Your use of the Services, Your violation of this Agreement or the infringement or violation by You or any other user of Your account, of any intellectual property or other right of any person or entity. Without limiting the generality of the foregoing, Primiro, its affiliates, suppliers and Resellers specifically disclaim any express or implied warranty of fitness for such purposes.

12. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PRIMIRO OR ITS AFFILIATES, SUPPLIERS OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF PRIMIRO, ITS AFFILIATES, SUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, PRIMIRO’S, ITS AFFILIATES’, SUPPLIERS’ AND RESELLERS’ MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES (IF ANY) IN THE PREVIOUS 12 MONTHS. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to You.

13. Miscellaneous

13.1 Choice of Law and Forum. This Agreement shall be governed by and construed under the laws of the State of Nevada, U.S.A., as applied to agreements entered into and to be performed in Nevada by Nevada residents. The parties consent to the exclusive jurisdiction and venue of the courts located in and serving Las Vegas, NV.

13.2 Waiver and Severability. Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.

13.3 Arbitration. Primiro's failure to act with respect to a breach by You or others does not waive Primiro's right to act with respect to subsequent or similar breaches. The failure of Primiro to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Las Vegas, NV and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Primiro may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be and act as an independent contractor and not as partner, joint venture, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract. This Agreement constitutes the entire agreement between Primiro and You with respect to the subject matter hereof. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement.

13.4 General Provisions. This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. Primiro may change the terms of this Agreement at any time by posting modified terms on its website. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes. All notices or other correspondence to Primiro under this Agreement must be sent to the address provided in

14.1 How To Opt-In To The Primiro Service
To create your free account and start using Primiro just text the keyword "Primiro" to:

For USA number  88411
For Europe "To Be Announced"

You will receive instructions via SMS / Text Message along with your temporary user name and password.
 
14.2 How To Opt Out Of The Primiro Service
To opt-out from our SMS service, you can text “STOP” to:

For USA number  88411
For Europe "To Be Announced"

We will unsubscribe you from our SMS text messaging service immediately.  You can also unsubscribe through your profile page on the website. You will not receive any additional messages until you re-register on our website
 
14.3 How To Get Help or Support
To get help, email us at support@primiro.com, or call our support number at 1.408.273.4581.  From your mobile phone, you may request help by texting HELP to

For USA number  88411
For Europe "To Be Announced"

Website: http://www.primiro.com/Support/EN/

Primiro, LLC
Silicon Valley Center
2570 North First Street
2nd Floor, Suite 215
San Jose, CA 95131

or other address as provided by Primiro for such purpose. Any and all rights and remedies of Primiro upon Your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on Primiro, and the exercise of any one remedy will not preclude the exercise of any other.

Date last modified: March 6, 2008