Effective: April 2023
The following Terms of Use (the “Terms of Use”) govern your use of the website located at Praction.io and any tools, features, services, products or software that you access, use, purchase or download from the website (collectively, the “Website”), which is owned and operated by Praction LLC (“Praction”, “us”, or “we”).
Your access and use of the Website is subject to the following Terms of Use and all applicable laws. By accessing or using any part of the Website, you accept, without limitation or qualification, these Terms of Use. Further, certain portions of the Website may be subject to additional terms and conditions, which are posted within those areas. By using those portions of the Website, you agree to such additional terms and conditions. If you do not agree with all these Terms of Use or any additional terms and conditions presented to you, you may not use any portion of the Website.
THESE TERMS OF USE GOVERN HOW ANY DISPUTES BETWEEN US WILL BE RESOLVED. SPECIFICALLY, THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRE US TO ARBITRATE INSTEAD OF GOING TO COURT, AND REQUIRE THAT ALL CLAIMS BE BROUGHT INDIVIDUALLY, NOT AS A CLASS REPRESENTATIVE OR CLASS MEMBER. SEE SECTION 20 BELOW, FOR MORE DETAILS.
ACCESSIBILITY: IF YOU ARE HAVING ANY TROUBLE ACCESSING THE WEBSITE, PLEASE CONTACT US TOLL FREE AT (646) 389-1514, 24 HOURS A DAY, 7 DAYS A WEEK, OR CONTACT US INFO@PRACTION.CO.
This Website is provided for your personal and non-commercial use and for informational purposes only. Any other use of the Website requires the prior written consent of Praction.
In order to access certain services on the Website, you may be required to provide certain information and be over eighteen (18) years of age. If you are establishing an account on behalf of an entity, you represent that you have the capacity and authority to consent to these Terms of Use on behalf of such entity. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any usernames, access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your usernames, access codes and passwords and will be solely liable for any use under such usernames, access codes or passwords. We may suspend or terminate your access at any time
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website. Further, you may not use any such automated means to manipulate the Website, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Website or any other user's use of the Website, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Use. You may not frame portions of the Website within another website or application. You may not resell use of, or access to, the Website to any third party without our prior written consent.
Praction and its licensors own, and shall continue to own, all right, title and interest in and to the Website, including all copy, software, graphics, designs and all copyrights, patents, trade secrets, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein, and all derivatives, enhancements, modifications and improvements thereof. Some materials on the Website belong to third parties who have authorized Praction to display the materials, such as portfolio works, client logos, likeness, and trademarks and other proprietary materials. By using the Website, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms of Use, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website. All rights not granted under these Terms of Use are reserved by Praction.
Certain pages on the Website may allow you to submit or post text comments, photos, reviews, videos, audio files, or other content (“Content”).
Unless otherwise specified, you may only post Content to the Website if you are eighteen (18) years of age or older. You may only post Content that you created or which the owner of the Content has given you permission to post. You are solely responsible for anything you may post on the Website and the consequences of posting anything on the Website. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you create, submit, post, promote, or display on or through the Website. You represent and warrant that such Content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Praction the license described above, and that the Content does not violate any laws. If Content depicts or includes the likeness of any person other than yourself, you must have permission from that person or, if that person is a minor, permission from that person’s parent or legal guardian, before you post the Content. You may be required to provide proof of such permission to Praction.
By using the Website in conjunction with creating, submitting, posting, promoting, or displaying Content, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display such Content, including but not limited to text, materials, images, audio content, audiovisual content, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you submit or post on or through the Website for our current and future business purposes, including to provide, promote, and improve the Website. Once you submit or post Content to the Website, Praction does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses. Praction owns all right, title, and interest in any compilation, collective work, or other derivative work created by Praction using or incorporating Content posted to the Website.
Materials may be made available via the Website by third parties not within our control. We are under no obligation to, and do not, scan content posted on the Website for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Website.
If you believe any materials on the Website infringes a copyright, you should provide us with written notice that at a minimum contains:
All such notices should be sent to our designated agent as follows:
Head of Operations
12 E. 49th St.
Floor 11
New York, NY 10017
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
Praction does not accept any unsolicited ideas from outside the Praction, including, without limitation, suggestions about advertising, promotion or merchandising of our products, additions to our product lines, services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Website, you understand and acknowledge that such idea is not submitted in confidence and Praction assumes no obligation, expressed or implied, by considering it. You further understand that Praction shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to Praction. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant Praction an irrevocable, perpetual, world-wide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you.
Praction expects its users to be respectful of other people. The following is a partial list of the types of conduct that are illegal or prohibited on the Website or while using the Website. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, engages in any of the prohibited activities. Without limitation, you agree that you will not engage in the following activities:
i. Submit or provide links to:
a) Any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication;
b) Any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful, or otherwise objectionable, including any posting that includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use, characterizes violence as acceptable, glamorous, or desirable, or contains any personal contact information or other personal information identifying any third party; or
c) Any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
ii. create any service, software, documentation or data that is competitive with, substantially similar or confusingly similar to any aspect of the Praction products or services;
iii. use, modify, display, perform, copy, disclose or create derivative works of the Praction products or services;
iv. reverse engineer, decompile, disassemble, mimic, screen-scrape, frame or mirror the Praction products or services, or use any other means to attempt to discover their source code;
v. benchmark, encumber, distribute, sublicense, assign, share, sell, rent, lease, pledge or otherwise transfer the Praction products or services on the Website to any third party;
vi. access via automated or unauthorized means, interfere with, disrupt or attempt to monitor, override access or circumvent security measures for, the Praction products or services or related systems, including via robots, spiders and other electronic methods;
vii. use the Praction products or services in violation of applicable law, rule or regulation, including without limitation laws, rules and regulations concerning privacy and data security;
viii. use the Praction products or services in any manner that intentionally damages, disables, overburdens, or impairs any of the Praction websites or interferes with any other party's use of the Praction products or services, including without limitation by using or launching any automated system that sends more request messages to Praction servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser;
ix. attempt to gain unauthorized access to the Praction products or services, including without limitation by breaching, disabling, tampering with, or developing or using (or attempting to do the same) any workaround for the Praction products or services or any security measure related thereto;
x. set, read, write, modify or delete any cookie on an Praction-owned or operated web domain; and/or
xi. obscure, remove or alter any proprietary rights or other notices on the Praction products or services.
Praction is under no obligation to screen or monitor content, but may review content from time to time at its sole discretion. Praction will make all determinations as to what content is appropriate in its sole discretion. Praction may edit or remove any content at any time without notice.
Under no circumstances will Praction be liable in any way for any content or materials of any third parties, such as any news and information, commentary, interactive tools, research or data concerning financial markets, cryptocurrency and securities (“Third Party Content”), including, but not limited to, for any errors or omissions in any Third Party Content, or for any loss or damage of any kind incurred as a result of the use of any such Third Party Content. You acknowledge that Praction does not pre-screen content, but that Praction and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any Third Party Content that is available via the Website. Without limiting the foregoing, Praction and its designees will have the right to remove any Third Party Content that violates these Terms and Conditions or is deemed by Praction, in its sole discretion, to be otherwise objectionable. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Third Party Content or communications posted on the Website or endorse any opinions expressed therein. You understand that by using the Website, you may be exposed to Third Party Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, materials that have been mislabeled or are otherwise deceptive. Under no circumstances will Praction be liable in any way for any Third Party Content, including, but not limited to, any errors or omissions in any Third Party Content, or any loss or damage of any kind incurred as a result of the use of any Third Party Content posted, emailed, transmitted or otherwise made available on the Website.
We attempt to be as accurate as possible and eliminate errors on the Website, however, we do not warrant that any product, service, or other information is accurate, complete, reliable, current, or error-free. In the event of an error, we reserve the right to correct such error and otherwise change or update the information on the Website at any time without notice.
WHILE PRACTION USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE WEBSITE, WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY OR COMPLETENESS. PRACTION ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT IN OR AS PART OF THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED "AS IS" AND PRACTION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PRACTION DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PRACTION DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRACTION SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. UNDER NO CIRCUMSTANCES WILL PRACTION AND/OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE, YOUR DATA OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. WE RESERVE THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION THAT WE DEEM NECESSARY TO COMPLY WITH ANY APPLICABLE LAW, RULE, REGULATION, LEGAL PROCESS OR GOVERNMENTAL REQUEST. YOU WAIVE AND HOLD HARMLESS PRACTION AND ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION RELATING TO YOUR ACCOUNT OR TAKEN AS A RESULT OF ANY SUCH DISCLOSURE.
IN NO EVENT WILL PRACTION BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, AND/OR ANY OTHER DAMAGES RESULTING YOUR USE OF THE WEBSITE, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF ANY PORTION OF THE WEBSITE IS PROVIDED ON A FREE OR TRIAL BASIS OR AS AN ALPHA, BETA OR EARLY ACCESS OFFERING (“TRIALS AND BETAS”), USE IS PERMITTED ONLY FOR YOUR INTERNAL EVALUATION DURING THE PERIOD DESIGNATED ON THE WEBSITE (OR IF NOT DESIGNATED, THIRTY (30) DAYS). TRIALS AND BETAS ARE OPTIONAL AND EITHER PARTY MAY TERMINATE TRIALS AND BETAS AT ANY TIME FOR ANY REASON. TRIALS AND BETAS MAY BE INOPERABLE, INCOMPLETE OR INCLUDE FEATURES THAT PRACTION MAY NEVER RELEASE, AND THEIR FEATURES AND PERFORMANCE INFORMATION, INCLUDING THE EXISTENCE OF SUCH TRIALS AND BETAS, ARE PRACTION’S CONFIDENTIAL INFORMATION. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, PRACTION PROVIDES NO WARRANTY, INDEMNITY, UPTIME GUARANTEE OR SUPPORT FOR TRIALS AND BETAS AND BEARS NO LIABILITY FOR TRIALS AND BETAS.
PRACTION DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE BENEFITS OR RESULTS THAT YOU OR ANY THIRD PARTIES SHALL RECEIVE FROM THE WEBSITE, AND DOES NOT GUARANTEE ANY INCREASE IN HEADCOUNT, SALES, REVENUE, PROFITABILITY OR OTHER BUSINESS METRICS.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the amount paid by you, if any, for accessing the Website.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
This Website may contain links to other websites or applications not maintained by Praction. Other websites or apps may also reference or link to our Website. We encourage you to be aware when you leave our Website and to read the terms and conditions and privacy statements of each and every website or app that you visit. We are not responsible for the practices or the content of such other websites or apps. Through your use of the Website, you may have the opportunity to engage in commercial or other transactions with other users, vendors and other third parties. You acknowledge that all transactions relating to any merchandise or services offered by any third party, including but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the third party seller or purchaser of such merchandise and services and you, and that you will look solely to such third party to enforce any of your rights. In the event of any problem with the products or services that you have purchased from a third party you agree that you will address such issues with the third party but all limitations of liability and other rights of Praction shall apply nonetheless. We may not have the ability to accept returns or refund the purchase price for any transaction you complete with a third party through our Website. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US.
Notwithstanding anything to the contrary herein, Praction may collect, use and retain data derived from performance of the Praction products, your use of the Website and Praction products, and any material you submit in connection thereto, including for syndicated reporting, aggregated metrics, improvement of the Praction products or for its other business purposes. Such uses will be accordance with Praction’s Privacy Policy. Where applicable, we may provide jurisdiction specific data protection addendums as required by applicable law from time to time. Additionally, you acknowledge and agree that transmissions made over the internet are never completely private or secure and that messages or information you send through the Website may be intercepted or read by others.
All information posted on the Website is subject to change without notice. In addition, these Terms of Use may be changed at any time without prior notice. We will make such changes by posting them on the Website. You should check the Website for such changes frequently. Your continued access of the Website after such changes conclusively demonstrates your acceptance of those changes.
You agree to indemnify, defend and hold harmless Praction, its employees, directors, officers, agents, business partners, affiliates, subsidiaries, contractors, distribution partners and representatives (collectively, “Released Parties”) from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, (i) your use of any products or services accessed or purchased through the Website, and (ii) any breach by you of any of these Terms of Use, our Privacy Policy, or applicable law. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with us in asserting any available defenses.
If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
The failure of Praction to partially or fully exercise any rights or the waiver of Praction of any breach of these Terms of Use by you shall not prevent a subsequent exercise of such right by Praction or be deemed a waiver by Praction of any subsequent breach by you of the same or any other term of these Terms of Use. The rights and remedies of Praction under these Terms of Use and any other applicable agreement between you and Praction shall be cumulative, and the exercise of any such right or remedy shall not limit Praction’s right to exercise any other right or remedy.
Our Website is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Website. We make no representations regarding the legality of this Website in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
Governing Law: The laws of the State of New York shall govern these Terms of Use.
Arbitration: While we will make reasonable efforts to resolve any disagreements you may have with Praction, if these efforts fail you agree that all claims, disputes or controversies between you and the Praction arising out of these Terms of Use, or the purchase of any products or services (“Claims”) shall be exclusively submitted to binding arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. In arbitration, as with a court, the arbitrator must honor these Terms of Use and can award the prevailing party damages and other relief, and the parties have the right to be represented by counsel of their choice. In arbitration, however, (i) there is no judge or jury (ii) the proceedings and outcome are generally subject to certain confidentiality rules, (iii) the discovery process is limited, and (iv) a court’s review of the arbitrator’s ruling is extremely limited.
The party filing arbitration must submit Claims to the American Arbitration Association (“AAA”) and follow its rules and procedures for initiating and pursuing arbitration. Any in-person hearing in the arbitration will be held in the same city as the U.S. District Court closest to your then-current residential address, or at some other place to which you and Praction agree in writing. The arbitrator shall apply New York law consistent with the Federal Arbitration Act. You may obtain copies of the current AAA Rules, and forms and instructions for initiating arbitration, by contacting the AAA at 800-778-7879, or by visiting the AAA’s website at www.adr.org.
A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the AAA rules. The arbitration will follow the AAA’s then-current Consumer Arbitration Rules (the “AAA Rules”), unless those AAA Rules are inconsistent with these Terms of Use, in which case these Terms of Use govern. The payment of all AAA and arbitrator fees and costs will be in accordance with the AAA Rules. Subject to those AAA Rules, each party to the arbitration will bear the expense of its own attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but the prevailing party in the arbitration may recover any or all costs or expenses from the other party if the arbitrator, applying applicable law and the AAA Rules, so determines. The arbitrator’s award is final and binding on the parties.
The foregoing notwithstanding, both parties retain the right to seek relief in small claims court for any dispute or claim falling within the scope of such court’s jurisdiction.
Class Action Waiver: YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND PRACTION ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, “PRIVATE ATTORNEY GENERAL” ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.
If, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to these Terms of Use holds that this class action waiver provision is unenforceable as to any Claim you have brought, then our agreement to arbitrate will not apply, and your Claim must be brought exclusively in court in New York.
Time Bar: ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE OF THE CLAIM.
These Terms of Use do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms of Use without restriction. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.” These Terms of Use, including any terms incorporated herein, consist of the entire agreement between you and us relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you (including notices of changes to these Terms of Use) may be made via posting to the Website or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for any failure to fulfill any obligation due to any cause beyond our control.
Should you have any questions regarding these Terms of Use you may contact us at info@praction.co.