Terms of Service

1. Definitions.

Pritlog.com is the interactive online service (“Website”) operated by Hardkap.com. (“Hardkap”) on the World Wide Web of the Internet, consisting of information services and content provided by Hardkap, its affiliates and other third parties. “Subscriber” means each person who establishes or accesses a connection (“Account”) for access to and use of the Pritlog.com Website.

2. General.

(A) This Agreement sets forth the terms and conditions that apply to use of Pritlog.com by Subscriber. By using Pritlog.com (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions listed herein. The right to use Pritlog.com is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber’s Account (under any screen name or password) and for ensuring that all use of Subscriber’s Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber’s password(s), if any.

(B) Hardkap shall have the right at any time to change or discontinue any aspect or feature of Pritlog.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.

3. Changed Terms.

Hardkap shall have the right at any time to change or modify the terms and conditions applicable to Subscriber’s use of  Pritlog.com, or any part thereof, or to impose new conditions, including, but  not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Pritlog.com, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of Pritlog.com by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.

4. Equipment.

Subscriber shall be responsible for obtaining and maintaining all  telephone, computer hardware and other equipment needed for access to and use of Pritlog.com and all charges related thereto.

5. Subscriber Conduct.

(A) Subscriber shall use Pritlog.com for lawful purposes only. Subscriber shall not post or transmit through Pritlog.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Hardkap’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in Hardkap’s discretion restricts or inhibits any other Subscriber from using or enjoying Pritlog.com will not be permitted. Subscriber shall not use Pritlog.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information  ervices competitive with Pritlog.com.

(B) Pritlog.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Pritlog.com are copyrighted as a collective work under the United States copyright laws. Hardkap owns a copyright in the selection, coordination, arrangement and  enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or  sale, create derivative works, or in any way exploit, any of the content, in  whole or in part. Subscriber may download copyrighted material for Subscriber’s personal use only. Except as otherwise expressly permitted under copyright law,  no copying, redistribution, retransmission, publication or commercial  exploitation of downloaded material will be permitted without the express permission of Hardkap and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no  changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

(C) Subscriber shall not upload, post or otherwise make available on Pritlog.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright,  trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Pritlog.com, Subscriber automatically grants, or warrants that the owner of such material has expressly granted Hardkap the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and  distribute such material (in whole or in part) worldwide and/or to incorporate  it in other works in any form, media or technology now known or hereafter  developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce  the material for that Subscriber’s personal use. Subscriber hereby grants Hardkap the right to edit, copy, publish and distribute any material made  available on Pritlog.com by Subscriber.

6. Disclaimer of Warranty; Limitation of Liability.

(A) SUBSCRIBER EXPRESSLY  AGREES THAT USE OF Pritlog.com IS AT SUBSCRIBER’S SOLE RISK. NEITHER Hardkap, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT Pritlog.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF Pritlog.com, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH Pritlog.com.

(B) Pritlog.com IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,  WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY  OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT Hardkap  IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER  SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING  RESTS ENTIRELY WITH SUBSCRIBER.

(D) IN NO EVENT WILL Hardkap, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING Pritlog.com OR THE Pritlog.com SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE Pritlog.com. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON  Pritlog.com.

(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, Hardkap, NOR ITS  AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS  OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER  DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED  WITHIN Pritlog.com, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION  THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED  THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY  CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS,  PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, Hardkap, NOR ITS AFFILIATES,  INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS,  SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE  NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

7. Monitoring.

Hardkap shall have the right, but not the obligation, to  monitor the content of Pritlog.com, including user comments and posts, to determine compliance with this Agreement and any operating rules established by Hardkap and to satisfy any law, regulation or authorized government request. Hardkap shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Pritlog.com. Without limiting the foregoing, Hardkap shall have the right to remove any material that Hardkap, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

8. Indemnification.

Subscriber agrees to defend, indemnify and hold harmless Hardkap, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees,  arising out of the use of Pritlog.com by Subscriber or Subscriber’s Account.

9. Termination.

Either Hardkap or Subscriber may terminate this  Agreement at any time. Without limiting the foregoing, Hardkap shall have the right to immediately terminate Subscriber’s Account in the event of any conduct by Subscriber which Hardkap, in its sole discretion, considers  to be unacceptable, or in the event of any breach by Subscriber of this Agreement.

10. Trademarks.

Hardkap, Pritlog.com, and each of their logos are trademarks of Hardkap. All rights reserved. All other trademarks appearing on Pritlog.com are the property of their respective owners.

11. Third Party Content.

Hardkap is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Any opinions, advice,  statements, services, offers, or other information or content expressed or made  available by third parties, including information providers, Subscribers or any  other user of Pritlog.com, are those of the respective author(s) or  distributor(s) and not of Hardkap. Neither Hardkap nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular  purpose.

In many instances, the content available through Pritlog.com represents the  opinions and judgments of the respective information provider, Subscriber, or  other user not under contract with Hardkap. Hardkap neither  endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Pritlog.com by anyone other than authorized Hardkap employee spokespersons while acting in their official capacities.  Under no circumstances will Hardkap be liable for any loss or damage caused by a Subscriber’s reliance on information obtained through  Pritlog.com. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content  available through Pritlog.com. Please seek the advice of professionals, as  appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

12. Miscellaneous.

This Agreement and any operating rules for Pritlog.com  established by Hardkap constitute the entire agreement of the parties  with respect to the subject matter hereof, and supersede all previous written or  oral agreements between the parties with respect to such subject matter. This  Agreement shall be construed in accordance with the laws of the State of  Kentucky, without regard to its conflict of laws rules. No waiver by either  party of any breach or default hereunder shall be deemed to be a waiver of any  preceding or subsequent breach or default. The section headings used herein are  for convenience only and shall not be given any legal import.

13. Supplemental Terms

Associated Press text, photos, graphic, audio and/or video materials shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Users may not download or reproduce a substantial portion of the AP material found on this web site. AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.