1. Our Mission
PRNspace.com is a booking platform designed to list and rent medical office space, meeting rooms, and event space. Traditionally, obtaining medical office space requires a long-term commitment and can involve complex lease negotiations that are time and cost prohibitive. PRNspace aims to simplify this process with our web-based booking platform, providing users the option of renting medical office space on an as-needed basis.
2. Searching and Booking on PRNspace
You can search for available medical office space by using various criteria such as city, zip code, office type, etc.
When you book a listing, you are agreeing to pay all charges for your booking including the listing price, applicable fees, taxes, security deposit, and a cleaning charge along with any other items identified during checkout (collectively referred to as the “Total Price”). If a cleaning charge exists for space, it has been set by the Host. A cleaning fee upcharge may be added in instances such as after a birthday party celebration involving glitter, confetti, etc. You are also agreeing that PRNspace may charge and collect these amounts during checkout. When you receive the booking confirmation, a contract (sometimes called a reservation in these terms) is formed directly between the Guest and the Host. The cancellation policy and any other rules, standards, policies, or requirements identified in the listing or during checkout form part of your contract with the Host.
2.3 Host Property Reservations
A Host Property Reservation is a limited license to enter, occupy, and use the accommodation. The host retains the right to re-enter the host Property during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the host, and (iii) consistent with applicable law. If you stay past checkout, the host has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed guests as allowed by the host, fire marshal’s code, or local Covid-19 restrictions (if applicable).
3. Cancellations, Refunds, and Booking Modification
3.1 Cancellations, Travel Issues, and Refunds
In general, if as a Guest you cancel a reservation, the amount refunded to you is determined by the cancellation policy that applies to that reservation. The Host will provide details of the cancellation policy in the listing. In certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control forces you to cancel a reservation, you may be eligible for a partial or full refund. If the Host cancels, or you experience a travel issue, you may be eligible for rebooking assistance or a partial or full refund.
3.2 Booking Modifications
Guests and Hosts are responsible for any booking modifications they agree to make via the PRNspace platform and agree to pay any additional amounts, fees, or taxes associated with any booking modification.
4. Your Responsibilities and Assumption of Risk
4.1 Your Responsibilities
You are responsible and liable for your acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Host Property. For example, this means: (i) you are responsible for leaving an accommodation (and related personal property) in the condition it was in when you arrived, and (ii) you must act with integrity, treat others with respect, and always comply with applicable laws.
4.2 Your Assumption of Risk
You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the PRNspace platform and including your stay at any host property, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Host’s amenities to determine whether it is suitable for you. For example, Host amenities may carry a risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host amenities.
5. Hosting on PRNspace
As a Host, PRNspace offers you the opportunity to share your office space/event space with our community of Guests – and earn money doing it. It is as easy to create a Listing and you are in control of how you host – set your price, availability, and rules for each Listing.
5.2 Contracting with Guests
When you accept a booking request or receive a booking confirmation through the PRNspace platform, you are entering into a contract directly with the Guest and are responsible for delivering your Host Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like the PRNspace service fee (and applicable taxes) for each booking. PRNspace will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms, policies, or conditions that you include in any supplemental contract with Guests must: (i) be consistent with these Terms, our policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.
5.3 Independence of Hosts
Your relationship with PRNspace is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of PRNspace, except that PRNspace acts as a payment collection agent as described in the Payments Terms. PRNspace does not direct or control your Host Service, and you agree that you have complete discretion whether and when to provide Host Services, and at what price, and on what terms to offer them. You may only maintain one Listing per office space but may have multiple Listings for a single property if it has multiple places for rent.
6. Managing Your Listing
6.1 Creating and Managing Your Listing
The PRNspace platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Host Service, your price, other charges like cleaning fees, security deposits, and any rules or requirements that apply to your Guests or Listing. You are responsible for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Listing and suggest you carefully review policy terms and conditions including coverage details and exclusions.
6.2 Know Your Legal Obligations
You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Host Services. For example, Some landlords and leases, restrict or prohibit subletting, short-term rentals, and/or longer-term stays. Some jurisdictions require Hosts to register, get a permit, or obtain a license before providing certain Host Services. You are responsible for handling and using the personal data of Guests and others in compliance with applicable privacy laws and these Terms, including our Host Privacy Standards. If you have questions about how local laws apply you should always seek legal advice.
6.3 Search Ranking
The ranking of Listings in search results on the PRNspace platform depends on a variety of factors, including these main parameters:
- Guest search parameters (e.g. number of Guests, time and duration of the rental, price range),
- Listing characteristics (e.g. price, calendar availability, number and quality of images, Reviews, type of Host Service, Host status, age of the Listing, average Guest popularity),
- Guest booking experience (e.g. customer service and cancellation history of the Host, ease of booking),
- Host requirements (e.g. minimum or maximum days, booking cut-off time), and
- Guest preferences (e.g. previous bookings, saved Listings, the location from where the Guest is searching).
Search results may appear different on our mobile application than they appear on our website. PRNspace may allow Hosts to promote their Listings in search or elsewhere on the PRNspace platform by paying an additional fee. More information about the factors that determine how your Listing appears in search results, our current promotional programs (if any), and how we identify promoted Content can be found in our Help Center.
6.4 Your Responsibilities
You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe all fees and charges in your Listing description and may not collect any additional fees or charges outside the PRNspace platform except those expressly authorized by our Offline Fee Policy. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the PRNspace platform in violation of our Off-Platform Policy.
6.6 Your Assumption of Risk
You acknowledge that hosting carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the PRNspace platform, offering Host Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the PRNspace platform and any laws, rules, regulations, or obligations that may apply to your Listings or Host Services and that you are not relying upon any statement of law made by PRNspace.
7. Cancellations, Travel Issues, and Booking Modifications
7.2 Booking Modifications
Hosts and Guests are responsible for any Booking Modifications they agree to make via the PRNspace platform or direct PRNspace customer service to make on their behalf and agree to pay any additional amounts, fees, or taxes associated with a booking modification.
8.1 Host Taxes As a host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable taxes or other indirect taxes, occupancy taxes, tourist, income, or other taxes (“Taxes”).
8.2 Collection and Remittance by PRNspace
In jurisdictions where PRNspace facilitates the collection and/or remittance of Taxes on behalf of Hosts, you instruct and authorize PRNspace to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by PRNspace are identified to Members on their transaction records, as applicable. PRNspace may seek additional amounts from Members (including by deducting such amounts from future payouts) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that your sole remedy for Taxes collected by PRNspace is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.
8.3 Tax Information
In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that PRNspace may issue on your behalf invoices or similar documentation for VAT, GST, consumption, or other Taxes for your Host Services to facilitate accurate tax reporting by you, our Guests, and/or their organizations.
After each Host Service, Guests and Hosts will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory language. Reviews are not verified by PRNspace for accuracy and may be incorrect or misleading.
PRNspace may charge fees (and applicable Taxes) to Hosts and Guests for use of the PRNspace platform. To help PRNspace run smoothly and to cover the costs of the products and services we provide, like 24/7 customer support, we charge a service fee when a booking is confirmed.
Fees for Booking a Space
We have two different service fee structures for booking a place to stay: split fee where both hosts and guests pay a service fee, and host-only fee where only the host pays a service fee.
This fee structure is the most common. A service fee is deducted from the host payout, and a service fee is charged to guests.
Host Service Fee
Most hosts pay a service fee of 4%, This fee is calculated from the booking subtotal (the day rate plus cleaning fee, if applicable, but excluding PRNspace fees and taxes) and is automatically deducted from the host payout.
11.2 Guest Service Fee
Most guests pay a service fee that is under 15% of the booking subtotal (the day rate plus cleaning fee, if applicable but excluding PRNspace fees and taxes). The fee varies and is displayed to guests, including during checkout before they book a reservation.
11.3 Host-only Fee
The entire service fee is deducted from the host payout, and no PRNspace service fee is paid by guests. Except as otherwise provided on the PRNspace platform, service fees are non-refundable. PRNspace reserves the right to change the service fees at any time and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made before the effective date of the fee change.
12. PRNspace Platform Rules
You must follow these rules and must not help or induce others to break or circumvent the following rules:
Act with integrity and treat others with respect
- Do not lie, misrepresent something or someone, or pretend to be someone else.
- Be polite and respectful when you communicate or interact with others.
Do Not Scrape, Hack, Reverse Engineer, Compromise or Impair the PRNspace Platform
- Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the PRNspace platform.
- Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the PRNspace platform or Content.
- Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the PRNspace platform.
- Do not take any action that could damage or adversely affect the performance or proper functioning of the PRNspace platform.
Only Use the PRNspace Platform as Authorized by These Terms
- You may only use another Member’s personal information as necessary to facilitate a transaction using the PRNspace platform as authorized by these Terms.
- Do not use the PRNspace platform, our messaging tools, or Members’ personal information to send commercial messages without the recipient’s express consent.
- You may use Content made available through the PRNspace platform solely as necessary to enable your use of the PRNspace platform as a Guest or Host.
- Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
- Do not request, make, or accept a booking or any payment outside of the PRNspace platform to avoid paying fees, taxes, or for any other reason.
- Do not require or encourage Guests to open an account, leave a review, complete a survey, or otherwise interact, with a third-party website, application, or service before, during, or after a reservation, unless authorized by PRNspace.
- Do not engage in any practices that are intended to manipulate our search algorithm.
- Do not book Host Services unless you are using the Host Services.
- Do not use, copy, display, mirror, or frame the PRNspace platform, any Content, any PRNspace branding, or any page layout or design without our consent.
Honor Your Legal Obligations
- Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
- Read and follow our Terms, Policies, and Standards.
- Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your reservation that violates our rules for parties and events, as incorporated by reference herein.
- Do not use the name, logo, branding, or trademarks of PRNspace or others without permission.
- Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifiers that may be confused with PRNspace branding.
- Do not offer Host Services that violate the laws or agreements that apply to you.
12.2 Reporting Violations
If you believe that a Member, Listing, or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting PRNspace. In addition, if you believe that a Member, Listing, or Content has violated our Standards, you should report your concerns to PRNspace. If you reported an issue to local authorities, PRNspace may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.
12.3 Copyright Notifications
If you believe that Content on the PRNspace platform infringes copyrights, please notify us per our Copyright Policy.
13. Termination, Suspension, and Other Measures
The agreement between you and Prnspace reflected by these Terms is effective when you access the PRNspace platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.
You may terminate this agreement at any time by sending us an email or by deleting your account. PRNspace may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. PRNspace may also terminate this agreement immediately and without notice and stop providing access to the PRNspace platform if you breach these Terms, you violate our Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect PRNspace, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.
13.3 Member Violations
If (i) you breach these Terms, our Policies, or our Standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) PRNspace believes it is reasonably necessary to protect PRNspace, its Members, or third parties; PRNspace may, with or without prior notice:
- suspend or limit your access to or use of the PRNspace platform and/or your account;
- suspend or remove Listings, Reviews, or other Content;
- cancel pending or confirmed bookings; or
- suspend or revoke any special status associated with your account.
For minor violations or where otherwise appropriate as PRNspace determines in its sole discretion, you will be given notice of any intended measure by PRNspace and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a reservation is canceled under this Section, the amount paid to the Host will be reduced by the amount we refund or otherwise provide to the Guest, and by any other costs, we incur as a result of the cancellation.
13.4 Legal Mandates
PRNspace may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 13.3.
13.5 Effect of Termination
If you are a Host and terminate your PRNspace account, any confirmed booking(s) will be automatically canceled and your Guests will receive a full refund. If you terminate your account as a Guest, any confirmed booking(s) will be automatically canceled and any refund will depend upon the terms of the reservation’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the PRNspace Platform has been limited, or your PRNspace account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the PRNspace platform through an account of another Member.
Parts of these Terms that by their nature survive termination will survive termination of this agreement, including Sections 2 through 26.
PRNspace may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the PRNspace platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the PRNspace platform will constitute acceptance of the revised Terms.
15. Resolving Complaints and Damage Claims
If a Member provides evidence that another Member damaged their real or personal property (“Damage Claim“), the complaining Member can seek compensation through the Resolution Center. If the complaining Member escalates a Damage Claim to PRNspace, the other Member will be allowed to respond. If the responding Member agrees to pay, or PRNspace determines in its sole discretion that they are responsible for the Damage Claim, PRNspace can collect any sums required to cover the Damage Claim from the responding Member and/or against any security deposit. You agree that PRNspace may seek to recover from you under any insurance policies you maintain and that PRNspace may also pursue against you any remedies it may have available under applicable law. You agree to cooperate in good faith, provide any information PRNspace requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Host Services.
16. PRNspace’s Role
We offer a platform that enables Members to publish, offer, search for, and book Host Services. While we work hard to ensure our Members have great experiences using PRNspace, we do not and cannot control the conduct of Guests and Hosts. You acknowledge that PRNspace has the right, but does not have any obligation, to monitor the use of the PRNspace Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure, and improve the PRNspace platform (including for fraud prevention, risk assessment, investigation, and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that PRNspace administers its Policies (such as our Extenuating Circumstances Policy) and Standards (such as basic requirements for hosts), including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist PRNspace in good faith and to provide PRNspace with such information and take such actions as may be reasonably requested by PRNspace for any investigation undertaken by PRNspace regarding the use or abuse of the PRNspace platform. PRNspace is not acting as an agent for any Member except for where PRNspace acts as a collection agent as provided in the Payments Terms.
17. Member Accounts
You must register an account to access and use many features of the PRNspace platform. Registration is only permitted for legal entities, partnerships, and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the PRNspace platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify PRNspace if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
18. Disclaimer of Warranties
We provide the PRNspace platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality, or suitability of any Guest, Host, Host Service, Listing, or a third party; (ii) we do not warrant the performance or non-interruption of the PRNspace platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being “verified” (or similar language) indicate only that the Member or Listing or PRNspace has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties will be limited to the maximum extent permitted by law.
19. Limitations on Liability
Neither PRNspace (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the PRNspace platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the PRNspace platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the PRNspace platform, or (iv) publishing or booking of a Listing, including the provision or use of Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not PRNspace has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.
Except for our obligation to transmit payments to Hosts under these Terms, or make payments under the PRNspace Host Guarantee in no event will PRNspace’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the PRNspace platform, any Content, or any Host Service, exceed: (A) to Guests, the amount you paid as a Guest during the 12 months before the event giving rise to the liability, (B) to Hosts, the amount paid to you as a Host in the 12 months before the event giving rise to the liability, or (C) to anyone else, one hundred U.S. dollars (US$100). These limitations of liability and damages are fundamental elements of the agreement between you and PRNspace. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
To the maximum extent permitted by applicable law, you agree to release, defend (at PRNspace’s option), indemnify, and hold PRNspace harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Policies or Standards, (ii) your improper use of the PRNspace platform, (iii) your interaction with any Member including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.
21. Contracting Entities
Based on your country of residence or establishment and what you are doing on the PRNspace platform, Schedule 1 below sets out the PRNspace entity with whom you are contracting. If we identify through the PRNspace platform, a PRNspace entity other than the one set out on Schedule 1 as being responsible for a product, feature, or transaction, the PRNspace entity so identified is your contracting entity concerning that product, feature, or transaction. If you change your country of residence or establishment, the PRNspace company you contract with (as set out on Schedule 1) and the applicable version of the Terms of Service will be determined by your new country of residence or establishment, from the date on which your country of residence or establishment changes.
22. United States Governing Law and Venue
If you reside or have your place of establishment in the United States, these Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 23 must be brought in state or federal court in San Francisco, California unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, California.
23. United States Dispute Resolution and Arbitration Agreement
This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against PRNspace in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 23 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
23.2 Overview of Dispute Resolution Process
PRNspace is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 23 applies: (1) an informal negotiation directly with PRNspace’s customer service team (described in paragraph 23.3, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and PRNspace each retain the right to seek relief in small claims court as an alternative to arbitration.
23.3 Mandatory Pre-Arbitration Dispute Resolution and Notification
At least 30 days before initiating an arbitration, you and PRNspace each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of the dispute to PRNspace by mailing it to PRNspace’s agent for service: CSC Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, California 95833. PRNspace will send its notice of the dispute to the email address associated with your PRNspace account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within 30 days, only then may either party commence the arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).
23.4 Agreement to Arbitrate
You and PRNspace mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the PRNspace platform, Host Services, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and PRNspace agree that the arbitrator will decide that issue.
23.5 Exceptions to Arbitration Agreement
You and PRNspace each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 22): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief. You and PRNspace agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration according to section 3 of the Federal Arbitration Act.
23.6 Arbitration Rules and Governing Law
This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org. To initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA Rules.
23.7 Modification to AAA Rules – Arbitration Hearing/Location
To make the arbitration most convenient to you, PRNspace agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S. county where you reside; (b) in San Francisco County; (c) via phone or video conference; or (d) if all parties agree, by solely the submission of documents to the arbitrator.
23.8 Modification of AAA Rules – Attorney’s Fees and Costs
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, PRNspace will pay all arbitration fees and expenses. Either party may request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim, or defense that is groundless in fact or law, brought in bad faith or for harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
23.9 Arbitrator’s Decision
The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s claim.
23.10 Jury Trial Waiver
You and PRNspace acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
23.11 No Class Actions or Representative Proceedings
You and PRNspace acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action, or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action, or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action, or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
Except as provided in Section 23.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
23.13 Changes to Agreement to Arbitrate
If PRNspace changes this Section 23 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and PRNspace (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and PRNspace.
Except as provided in Section 23.12 and subject to Section 13.6, this Section 23 will survive any termination of these Terms and will continue to apply even if you stop using the PRNspace platform or terminate your PRNspace account.
24.6 Third-Party Services
The PRNspace platform may contain links to third-party websites, applications, services, or resources (“Third-Party Services”) that are subject to different terms and privacy practices. PRNspace is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
24.7 Google Terms
Some translations on the PRNspace platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose, and non-infringement. Some areas of the PRNspace platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
24.9 PRNspace Platform Content
Content made available through the PRNspace platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of PRNspace and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit any Content accessed through the PRNspace platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, PRNspace grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the PRNspace platform and accessible to you, solely for your personal and non-commercial use.
24.11 Force Majeure
PRNspace shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
24.12 Emails and SMS
You will receive administrative communications from us using the email address or other contact information you provide for your PRNspace account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have a PRNspace account. In the U.S. if you consent to receive SMS (text messages) from us, you will be subject to our SMS Terms.