Acceptance of Terms
This Terms and Conditions agreement forms a legally enforceable contract between you, whether acting individually or representing an entity (“you”), and Prepcense LLC (“Company,” “we,” “us,” or “our”), governing your access to and engagement with the https://www.prepense.com website, along with any associated media platforms, channels, mobile sites, or applications (collectively, the “Site”). By accessing the Site, you acknowledge that you have reviewed, understood, and agreed to comply with all provisions herein. If you do not accept these Terms in their entirety, you are expressly forbidden from using the Site and must cease access immediately.
Additional terms, conditions, or documents posted on the Site from time to time are incorporated into this agreement by reference. We retain the sole discretion to amend or revise these Terms at any point for any reason, notifying you of changes by updating the “Last Updated” date. You waive any entitlement to individual notice of each modification, and it is your duty to review these Terms regularly to stay informed of updates. Your continued use of the Site after such revisions are posted constitutes your acceptance of the modified Terms.
The content on the Site is intended for use in regions where its distribution aligns with local laws and regulations, and we are not obligated to register in jurisdictions where such use is restricted. Individuals accessing the Site from locations with differing legal standards do so at their own discretion and are fully responsible for complying with applicable local laws.
The Site is not designed to meet specific industry compliance standards (e.g., HIPAA, FISMA) or financial privacy regulations like the Gramm-Leach-Bliley Act (GLBA). If your activities are subject to these laws, you are prohibited from using the Site. It is intended for users aged 13 and older, with minors (typically under 18) requiring parental consent and direct supervision. Minors must have their parent or guardian review and approve these Terms prior to use.
Intellectual Property Ownership
Unless otherwise noted, the Site, including its source code, databases, functionality, software, designs, audio, video, text, images, and graphics (collectively, the “Content”), as well as the trademarks, service marks, and logos (the “Marks”), is our proprietary property or licensed to us. These are protected by U.S. copyright, trademark, and other intellectual property laws, along with international conventions. The Content and Marks are provided “AS IS” for your personal, non-commercial use only. Without our express prior written permission, you may not copy, reproduce, aggregate, republish, upload, display, encode, translate, distribute, sell, license, or exploit the Site or its Content/Marks for any commercial purpose.
Digital Millennium Copyright Act (DMCA) Policy
Prepcense LLC honors the intellectual property rights of others. In compliance with the DMCA, we will promptly address claims of copyright infringement on the Site when submitted to our designated Copyright Agent, as outlined below. Upon receiving a valid notice, we may, at our discretion, remove the alleged infringing material and terminate access for repeat offenders.
If you believe your intellectual property rights have been breached by Prepcense LLC or a third party on our Site, please provide the following to our Copyright Agent:
- A physical or electronic signature (typing your full name suffices) of the copyright owner or authorized representative.
- A description of the copyrighted work claimed to be infringed (e.g., a link or detailed identification).
- A description of the infringing material and its location on the Site.
- Your contact details, including address, phone number, and email.
- A statement of good-faith belief that the use is unauthorized by the copyright owner, agent, or law.
- A declaration under penalty of perjury that the information is accurate and you are authorized to act on the owner’s behalf.
We may request further details before acting. If we remove infringing material, we will notify the uploader and may share your email with them for a response.
Our designated Copyright Agent is:
- Name: Prepcense LLC Legal Team
- Email: support@prepense.com
- Mailing Address: Prepcense LLC 17939 Kieth Harrow Blvd, Suite 106, 77084-5724 Houston Texas (TX) United States.
User Commitments
By using the Site, you affirm and guarantee that: (1) you possess the legal capacity to comply with these Terms; (2) you are at least 13 years old; (3) you are not a minor in your jurisdiction, or if a minor, you have parental permission; (4) you will not access the Site via automated means like bots or scripts; (5) your use will not involve illegal or unauthorized purposes; and (6) your activities will adhere to all relevant laws and regulations.
If you provide inaccurate, outdated, or incomplete information, we reserve the right to suspend or terminate your account and deny future access to the Site or any part thereof.
Restricted Activities
You may only use the Site for its intended purpose, and it may not be employed for unapproved commercial activities. As a user, you agree not to:
- Systematically extract data to build collections or databases without our written consent.
- Deceive or attempt to obtain sensitive information, such as passwords.
- Bypass or interfere with security features protecting Content or Site usage.
- Damage our reputation or the Site’s integrity in our judgment.
- Use Site data to harass or harm others.
- Engage in activities violating applicable laws.
- Advertise or sell goods/services without approval.
- Upload viruses or disruptive content, including spam.
- Automate interactions with scripts or data-mining tools.
- Remove copyright or proprietary notices.
- Impersonate others or misuse usernames.
- Transfer your profile for sale.
- Transmit spyware or tracking mechanisms.
- Overburden the Site or its networks.
- Harass our staff or agents.
- Circumvent access restrictions.
- Copy or adapt Site software (e.g., HTML, JavaScript).
- Reverse-engineer Site software.
- Launch unauthorized automated systems (e.g., spiders, scrapers).
- Use agents to make unauthorized purchases.
- Collect user data for unsolicited emails or fake accounts.
User-Generated Contributions
The Site may offer opportunities to participate in discussions, blogs, or forums, allowing you to submit content such as text, videos, photos, or comments (collectively, “Contributions”). These may be visible to other users or third-party sites and are considered non-confidential and non-proprietary. By contributing, you represent and warrant that:
- Your Contributions do not infringe on third-party intellectual property rights.
- You own or have rights to authorize use of your Contributions by us and others.
- You have consent from identifiable individuals in your Contributions for their use.
- Your Contributions are truthful and not misleading.
- They are not unauthorized ads, spam, or solicitations.
- They avoid obscene, violent, or harassing content.
- They do not promote illegal activities or harm.
- They comply with all laws and respect privacy rights.
- They do not exploit minors or contain offensive remarks.
Violations may lead to suspension or termination of your Site access.
Contribution License
By posting Contributions, you grant us an unrestricted, irrevocable, perpetual, non-exclusive, worldwide, royalty-free license to host, use, reproduce, distribute, modify, display, perform, and create derivatives of your content for any lawful purpose—commercial or otherwise—across all media formats and channels. This includes using your name, trademarks, or images, and you waive all moral rights, confirming no prior claims exist. We retain no ownership of your Contributions; you keep full rights but are solely liable for their content. We may edit, re-categorize, or delete Contributions at our discretion without notice, though we are not obligated to monitor them.
Review Guidelines
Areas for reviews or ratings may be provided, and you must adhere to these criteria: (1) base reviews on personal experience; (2) avoid offensive or abusive language; (3) exclude discriminatory or illegal references; (4) refrain from competitor affiliations for negative reviews; (5) avoid legal conclusions; (6) ensure accuracy; and (7) do not orchestrate review campaigns. We may accept, reject, or remove reviews at our discretion, with no obligation to screen or delete them. Reviews do not reflect our views or those of affiliates, and we assume no liability for them. By posting, you grant us a perpetual, non-exclusive, worldwide license to use review content.
Submissions
You acknowledge that any feedback, ideas, or suggestions (“Submissions”) you provide are non-confidential and become our exclusive property. We hold all intellectual property rights and may use or distribute them freely for any lawful purpose without compensation, and you waive moral rights, warranting originality or authorization. You agree there is no legal recourse against us for any alleged intellectual property issues with your Submissions.
Third-Party Websites and Content
The Site may link to or feature Third-Party Websites and content—such as articles or tools from unaffiliated sources—which we do not investigate, monitor, or verify for accuracy or appropriateness. We are not liable for Third-Party Websites accessed via the Site or their content, including privacy practices or reliability. Linking or including such content does not imply endorsement. If you access these sites or use their offerings, you do so at your own risk, and these Terms no longer apply. Review their terms and policies, and you agree to hold us harmless for any issues arising from third-party interactions or purchases.
Site Administration
We reserve the right, but not the obligation, to: (1) monitor the Site for compliance with these Terms; (2) pursue legal action against violators, including reporting to authorities; (3) restrict or disable access to Contributions; (4) remove excessive or burdensome content; and (5) manage the Site to protect our rights and ensure functionality, all at our discretion.
Privacy Commitment
We prioritize data privacy and security. Review our Privacy Policy at https://www.prepense.com/privacy-policy, incorporated into these Terms. The Site is hosted in the United States, and by using it, you consent to data transfer and processing there, even if your region has stricter laws. We do not knowingly collect data from children or target them, and under the U.S. Children’s Online Privacy Protection Act, we will delete data from users under 13 without verified parental consent promptly.
Duration and Termination
These Terms remain effective during your Site use. We may, at our sole discretion and without notice or liability, deny access or terminate your use for any reason, including breaches of these Terms or applicable laws. If terminated, you are barred from re-registering under any name, and we may pursue legal action, including civil or injunctive remedies.
Modifications and Disruptions
We may alter, remove, or discontinue Site content at any time without notice, with no obligation to update information. We also reserve the right to modify or halt Site operations without liability for interruptions, delays, or errors due to technical issues or maintenance. You agree we are not responsible for any inconvenience or loss from downtime, and we are not required to provide updates or support.
Governing Law
These Terms and your Site use are governed by Michigan law, applicable to agreements performed within the state, excluding conflict of law principles.
Dispute Resolution
Informal Negotiations
To resolve disputes cost-effectively, the Parties agree to attempt informal negotiation for at least 30 days upon written notice before arbitration, except for excluded disputes.
Binding Arbitration
If informal talks fail, Disputes (except those excluded) will be resolved via binding arbitration under the American Arbitration Association’s (AAA) Commercial Rules or Consumer Rules (available at www.adr.org). Fees follow AAA guidelines, with us covering excessive costs if deemed so by the arbitrator. Arbitration may occur in person, by document, phone, or online, with a written decision, subject to legal challenge if misapplied. Unless required otherwise, it will occur in Oakland, Michigan. Parties may seek court action to enforce arbitration or confirm awards. The United Nations Convention on Contracts and UCITA are excluded. Disputes must be initiated within one year, or they are barred; unenforceable parts will be decided in Michigan courts.
Restrictions
Arbitration is limited to individual Disputes, prohibiting class actions or representative claims to the fullest extent permitted by law.
Exceptions to Informal Negotiations and Arbitration
Disputes involving intellectual property enforcement, theft, privacy invasion, or injunctive relief are exempt and will be resolved in Michigan courts.
Corrections
The Site may contain errors, inaccuracies, or omissions in descriptions or other information. We reserve the right to correct these and update content at any time without prior notice.
Disclaimer
The Site is offered “AS IS” and “AS AVAILABLE,” with your use at your sole risk. To the maximum extent permitted by law, we disclaim all warranties—express or implied—regarding the Site, including merchantability, fitness for purpose, and non-infringement. We assume no liability for errors, injuries, unauthorized access, interruptions, viruses, or content issues arising from use. We do not endorse or guarantee third-party products or services linked or advertised on the Site and are not responsible for transactions with them. Exercise caution in such dealings, and you agree to hold us harmless.
Limitations of Liability
We, along with our directors, employees, and agents, are not liable for any direct, indirect, consequential, or punitive damages—including lost profits or data—arising from Site use, even if advised of potential risks. Our liability is capped at the lesser of your payment to us or $500.00 USD, subject to state or international laws that may limit disclaimers, potentially granting you additional rights.
Indemnification
You agree to defend, indemnify, and protect us, including our subsidiaries, affiliates, officers, agents, and employees, from any loss, damage, claim, or demand—including legal fees—due to your Contributions, Site use, Terms breaches, rights violations, or harm to other users. We may assume defense control at your expense, requiring your cooperation, and will notify you of claims promptly.
User Data Responsibility
We retain data you transmit to manage Site performance and track your usage. While regular backups occur, you are solely liable for your data, and we disclaim responsibility for loss or corruption, waiving your right to action against us for such incidents.
Electronic Agreements
Visiting the Site, emailing us, or completing forms constitutes electronic communication. You consent to receive such communications, agreeing they meet legal writing requirements. You also accept electronic signatures, contracts, and records, waiving rights to non-electronic formats under any jurisdiction’s laws.
California Users and Residents
If issues remain unresolved, California residents may contact the Complaint Assistance Unit, Division of Consumer Services, California Department of Consumer Affairs, at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or call (800) 952-5210 or (916) 445-1254.
Miscellaneous Provisions
These Terms, along with posted policies, form the complete agreement between you and us. Our failure to enforce any right does not waive it, and these Terms apply to the fullest legal extent. We may assign rights or obligations to others, and we are not liable for delays beyond our control. Unenforceable provisions are severable, and no partnership or agency is created. Terms are not construed against us as drafters, and you waive defenses based on their electronic form.
Contact Us
For questions or complaints about the Site, reach us at:
- Email: support@prepense.com
- Address: Prepcense LLC, 17939 Kieth Harrow Blvd, Suite 106, 77084-5724 Houston Texas (TX) United States.