Terms of Use
Welcome to the website and mobile applications (the “Site”) of Prime Group Holdings, LLC (“Prime Group”). The Site includes, but is not limited to, www.primestorage.com, www.goprimegroup.com, www.goprimecommercial.com, www.shetlandpark.com.
These Terms of Use and our Privacy Policy (collectively, the “Terms”) govern your use of the Site and the products and services you obtain and/or use from the Site (“Prime Group Products and Services”), except as may otherwise be provided in any terms governing Products and Services you have purchased from us.
Please note that your use of the Site and Prime Group Products and Services constitutes your agreement to these Terms. Your agreement to these Terms is the reason that we are allowing you to use the Site and our Products and Services. Therefore, if you do not agree to these Terms, you should not use the Site or Products or Services.
Prime Group may revise these Terms at any time, including as new features are added to the Site and Prime Group Products and Services. You should visit this page periodically to review the Terms that govern your use of the Site and Prime Group Products and Services.
Should you have any questions concerning these Terms of any of our policies, please contact us.
Permitted Use and Prohibited Use in General
We hereby grant you limited permission to use the Site and Prime Group Products and Services so long as we provide you with access, and solely for your personal use consistent with the purposes for which same is provided. For the avoidance of doubt, we are not giving you any rights or license other than as expressly set forth in the Terms or terms provided in any Product or Service we deliver to you. All rights are held by the Prime Group.
We reserve the right, in our sole and absolute discretion, to block and/or refuse to allow use of the Site and Prime Group Products and Services by one or more users, including you, at any time and for any reason, except as may be otherwise provided in any terms provided with a Product or Service you have purchased from us.
Without limiting the foregoing, we specifically prohibit the use of the Site and Prime Group Products and Services for any purpose deemed improper by us. Improper uses include but shall not be limited to: (i) copying, distributing or modifying any part of the Site and Prime Group Products and Services, or other user information without our prior written authorization; (ii) use of the Site and Prime Group Products and Services to transmit or attempt to transmit advertisements without our prior written authorization; (iii) use of the Site and Prime Group Products and Services or other user information to transmit or attempt to transmit spam, chain letters, harassing, libelous or defamatory statements, or any unlawful content or material; (iv) use or attempted use of the Site and Prime Group Products and Services to transmit software viruses, spyware, or any other computer code, files or programs which is harmful or otherwise unwanted by us or other users; (v) disruption of servers or networks connected to the Site and Prime Group Products and Services or operations, computers or systems of other users; and (vi) of use that is not in compliance with these terms.
Without limitation as to other restrictions identified herein, you shall not upload to, distribute through, store, house, or otherwise publish or use through the Site and Prime Group Products and Services any content which is obscene, threatening, invasive of privacy or publicity rights, harmful of minors in any way, abusive, or contain expressions of hatred, bigotry, racism or pornography, or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law or that you do not have a right to make available under contractual or fiduciary relationships. You shall not act in a manner that negatively affects other users’ ability to interact with the Site or Prime Group Products and Services. You shall not use any third party’s information in connection with the Site or Prime Group Products or Services unless in accordance with these Terms and Privacy Policy.
Modifications to Site and Prime Group Products and Services
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site and Prime Group Products and Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site and Prime Group Products and Services.
Termination of Access
We reserve the right, in our sole discretion, immediately and without notice to suspend or terminate your account (if you have registered) and/or your ability to access the Site and Prime Group Products and Services, for any reason or no reason, including any breach by you of these Terms or conduct by you that we determine to be inappropriate.
Errors and Omissions
Occasionally there may be information on our Site and Prime Group Products and Services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Site and Prime Group Products and Services inaccurate at any time without prior notice.
Our Proprietary Rights
You acknowledge and agree that the Site and Prime Group Products and Services contains proprietary information, content and other materials that are or may be protected by applicable intellectual property and other laws (including, without limitation, copyrights, trademarks, service marks and patents and privacy laws). You acknowledge that you do not acquire any ownership rights in, including any intellectual property rights, through your use of the Site and Prime Group Products and Services. Except as expressly authorized by us, you agree not to modify, rent, lease, loan, sell, distribute, create derivative works based on the Site or Prime Group Products and Services.
Disclosures, Warnings, Disclaimer of Warranties
The Prime Group maintains these Terms to protect Prime Group’s operations and rights and the use of Prime Group Products and Services, and because the Prime Group desires to foster the integrity of the Prime Group Site, Products and Services, and protect the privacy of Prime Group’s members. However, you understand that these objectives are aspirational. Prime Group cannot control its members and users of the Site and Prime Group Products and Services, or third parties, and therefore cannot guarantee that users of the Site and Prime Group Products and Services and its members will adhere to the Prime Group’s Terms and other rules and requirements.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND PRIME GROUP PRODUCTS AND SERVICES IS AT YOUR SOLE RISK.
THE SITE AND PRIME GROUP PRODUCTS AND SERVICES AND ALL INFORMATION, CONTENT, SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT WHERE PROHIBITED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE AND PRIME GROUP PRODUCTS AND SERVICES OR THE INFORMATION OR CONTENT INCLUDED ON THE SITE AND PRIME GROUP PRODUCTS AND SERVICES.
WE MAKE NO WARRANTY THAT THE SITE AND PRIME GROUP PRODUCTS AND SERVICES OR ANY INFORMATION OBTAINED THROUGH THE SITE AND PRIME GROUP PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, WILL BE ACCURATE OR RELIABLE, OR MEET YOUR EXPECTATIONS.
ANY MATERIAL OBTAINED FROM THROUGH THE USE OF THE SITE AND PRIME GROUP PRODUCTS AND SERVICES IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY SUCH MATERIAL.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Limitation of Liability
EXCEPT WHERE PROHIBITED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE AND PRIME GROUP PRODUCTS AND SERVICES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.
Exclusions and Limitation
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Notice
The Site and Prime Group Products and Services may provide notices to you including, without limitation, notices of changes to these Terms or other matters by displaying such notices on the home page of the Site and Prime Group Products and Services. You agree that it is your responsibility to review all such notices to be aware of updates and changes.
Digital Millennium Copyright Act
We are under no obligation to, and do not, scan content used in connection with the Site and Prime Group Products and Services, nor do we monitor the conduct of members, for the use or inclusion of illegal or impermissible content. However, we respect the copyright and intellectual property interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site and Prime Group Products and Services.
If you believe that your work has been copied in a way that constitutes copyright infringement, you should provide us with written notice that contains the following information required by the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. 512:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
(d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an e-mail address at which the complaining party may be contacted;
(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to:
Prime Group Holdings, LLC
85 Railroad Place
Saratoga Springs, NY 12866
Phone: 518-615-0552
Email: privacy@goprimegroup.com
Indemnification
You agree to hold us and our subsidiaries, affiliates, officers, directors, and employees, and each of their respective successors and assigns (collectively, the “Indemnified Persons”), harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including reasonable attorneys’ fees and expenses, relating to any third party claim arising out of or related to your use of the Site and Prime Group Products and Services in a manner which violates the Terms, the rights of a third party, or in violation of law.
Choice of Law
These Terms and the relationship between you and us shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of New York, in the State of New York. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Third-Party Website and Resources and Member Conduct and User Generated Information (“Third Party Resources”)
The Site and Prime Group Products and Services may provide links to third party website and resources, and may provide access or expose you to social media, user conduct and user generated information (“Third Party Resources”). Because we have no control over Third Party Resources, you acknowledge and agree that we are not responsible for the availability of such Third Party Resources, and do not endorse and are not responsible or liable for any content, advertising, goods, services or other materials on, available through or provided by such Third Party Resources. While the Prime Group maintains these Terms and Privacy Policy, You understand and you agree that we cannot control third parties or other users and shall not be responsible or liable for any loss or damage of any sort incurred as the result of any interaction you may have with Third Party Resources.
We may enable social media connectivity on the Site and Prime Group Products and Services from time to time. This connectivity may link to our own social media accounts. The specific content we may post on our own social media accounts is subject to these Terms. However, those social media website or applications are also Third-Party Resources. If you choose to use social media connect functions on the Site and Prime Group Products and Services or through user activity, you acknowledge and agree to abide by the relevant terms and conditions of each respective platform.
This function is intended to enable us to connect with social media websites so that you can send newsfeeds about your activities to each of these website and Prime Group Products and Services. Such social media website may also be able to use information about action you take on our Site and Prime Group Products and Services.
However, note that where you choose to publish or share information through the social media links or users, we have no control over that activity. It will not be protected by us. You should assume that your activity may be accessed by any person using the Web in any part of the world and can be found using independent search engines. If you choose to engage in social media connectivity from our Site and Prime Group Products and Services, you do so at your own risk.