PRIME PICKS INC. Disclaimer Form

PRIME PICKS is a trade name of PRIME PICKS. INC, a New Jersey Corporation, and provides services to you subject to the following terms and conditions of Service ('TOCS") which may be periodically updated by PRIME PICKS without notice to you.  You can review the most current version of TOCS at any time by logging on to PRIME PICKS web address.

A. PRIME PICKS service is not available to those persons under the age of eighteen (18).

B. You understand and agree that as considerations for your use of the Service, you will provide true, accurate, complete information ("Enrollment Data") upon registration, and maintain and promptly update such information as changes occur.

C. You are responsible for obtaining access to PRIME PICKS' Service, paying for any third party fees, and providing for and paying for all equipment necessary to access the Service.

D. You agree that you MAY NOT perform any of the following actions:

    1. E-mail, post, transfer, mail, fax, photocopy or otherwise make available the contents of any communication received from PRIME PICKS to any third party, except pursuant to court order from a court of competent jurisdiction.

   2. Collect or store any information pertaining to the other Users of the Service.

   3. Sell, reproduce, duplicate, resell or exploit for commercial purposes any information received from PRIME PICKS as part of the Service, use of the Service, or access to the Service.

E.  PRIME PICKS reserves the exclusive right to determine the amount of time information is stored and/or retained by the Service.  PRIME PICKS will give Users reasonable notification as to its policy in this regard and any subsequent modification thereto.

F.  PRIME PICKS reserves the right to modify or discontinue the Service, in part or whole, temporally or permanently, with or without notice.

G. PRIME PICKS reserves the right to terminate any account for the following reasons:

    1.  Breaches or violations of the TOCS.

    2. Request by law enforcement or government agency.

    3. Non-payment of fees.

    4. Discontinuance or material change of the Service.

    5. Request by User.

    6. Terminations for Cause at the sole discretion of PRIME PICKS.

H. You agree to pay for this Service as invoiced, on a timely basis.  In the event of a non-payment, you agree to pay our costs of collection and/or reasonable attorney fees.

I.  DISCLAIMERS:

    1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.  THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  PRIME PICKS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

    2. PRIME PICKS MAKES NO WARRANTY THAT THE SERVICE WILL BE ERROR FREE, TIMELY, UNINTERRUPTED, ACCURATE OR RELIABLE, WILL MEET YOUR REQUIREMENTS, WILL MEET YOUR EXPECTATIONS.

   3.  ANY MATERIALS OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND YOU BEAR THE RISK OF DAMAGE TO YOUR COMPUTER SYSTEM OR POSSIBLE LOSS OF DATA.

   4.  YOU EXPRESSLY AGREE THAT PRIME PICKS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR THE LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES.

   5. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

   6. THE "TOCS" CONSTITUTES THE ENTIRE UNDERSTANDING BETWEEN YOU AND PRIME PICKS AND GOVERN YOUR USE OF THE SERVICE.  THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW JERSEY.  YOU AND PRIME PICKS AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THE NEW JERSEY SUPERIOR COURT, MORRIS COUNTY.  ANY CLAIM BY YOU WITH REGARD

TO THE USE OF THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CAUSE OF THE ACTION AROSE OR BE FOREVER BARRED.

   7. THE HEADINGS IN THIS "TOCS" ARE FOR THE CONVENIENCE OF THE READER AND HAVE NO CONTRACTUAL OR LEGAL FORCE OR EFFECT.

By Reading this Disclaimer you are agreeing with the outlined information above.

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