Go Home
These Terms of Service ("Terms") govern your use of all websites within the PrestonKwei.com suite of apps ("Sites"). These Terms are a LEGALLY BINDING agreement between you, and PrestonKwei.com. By accessing or using any of our Sites, you agree to be legally bound by these Terms. If we reasonably believe that your use of our Sites breaches any of these Terms, we reserve the right to terminate your access. For questions, comments, or concerns regarding these Terms, please email us at tos@prestonkwei.com. It is your responsibility to ensure that your activities on our Sites are compliant with these Terms, as well as with any applicable laws and regulations. We aim to provide a seamless user experience, and your adherence to these Terms helps us maintain the integrity and security of our Sites.
In order to use our Sites, you must meet the legal age requirements set by local law. In the United States, you must be at least 18 years old to use our Sites or create accounts on our Sites. Minors under the age of 18 but over 13 years old must get permission from a parent or guardian to use our Sites. Parents or guardians who create an account on behalf of a minor take full responsibility and acceptance of these terms of service for our Sites. Minors under the age of 13 should not use our Sites, regardless of whether they have permission from a parent or guardian. Users in countries other than the United States must meet the minimum age requirements set by local law. We strongly encourage parents and guardians to monitor their children's online activity to ensure they do not access our Sites without the appropriate consent.
By using our Sites, you can expect us to:
Additionally, we commit to providing regular updates on new features and enhancements to improve your experience on our Sites. Our goal is to ensure that you have a positive, engaging, and secure experience while using our services.
When using our Sites, we expect that you comply with our:
You also agree that by submitting data to our Sites, you acknowledge that while we strive to store your data securely, you waive the right to initiate legal action against us in the event of any data breach or leakage. Your cooperation is crucial to maintain the safety and integrity of our online community. Please ensure that your activities on the Sites do not disrupt or interfere with the standard operation of our services, and adhere strictly to the guidelines laid out in our Terms of Service and accompanying policies.
You agree to use our Sites in a manner that is lawful and respectful. You will not:
Violating these guidelines may lead to immediate suspension or termination of your access to our Sites, and may expose you to legal action if your behavior causes harm to others or to the integrity of our Sites.
Many of our Sites allow you to upload, submit, store, send, receive, or share your content. While you are not obligated in any way to provide content, if you choose to upload or create any content, you are granted a license to your content as outlined below. All content created on these Sites must also abide by these terms.
Your content remains yours, which means that you retain any intellectual property rights that you have in your content. This includes rights such as:
You are responsible for ensuring that any content you provide does not violate the intellectual property rights of others and adheres to all applicable laws and regulations. We respect the ownership of your creations and seek to avoid any disputes or legal issues arising from uploaded content.
By uploading or creating content on our Sites, you grant us a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute such content. This license continues even if you stop using our Sites.
This means we can:
The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even after you stop using our Sites, but it does not affect your ownership rights, which are retained solely by you.
We may suspend or terminate your access to our Sites at any time, with or without cause or notice, or if we reasonably believe that you have violated any of these terms. Upon termination, you must cease all use of the Sites and any associated content. The decision to terminate access is not taken lightly, and is generally the result of repeated violations of our Terms of Service or engaging in illegal activities using our Sites. We reserve the right to take further legal action if deemed necessary to protect our interests or those of our users.
THE SITES AND ALL CONTENT AND SERVICES PROVIDED THROUGH THEM ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITES WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERRORS OR VIRUSES. YOU AGREE THAT YOUR USE OF THE SITES IS AT YOUR OWN RISK AND DISCRETION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PRESTONKWEI.COM, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (C) ANY CONTENT OBTAINED FROM THE SITES; AND (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless PrestonKwei.com, its affiliates, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) that we may incur as a result of or arising from your use of the Sites or violation of these terms. This indemnification obligation will survive the termination of your use of the Sites and is a fundamental part of our agreement, enabling us to offer a secure and legal platform for all users.
These Terms are governed by the laws of the jurisdiction where PrestonKwei.com operates, without regard to its conflict of law principles. You agree to the personal jurisdiction of the courts located within this jurisdiction for litigating all claims or disputes. This provision ensures that any legal matters arising under these Terms are handled in a consistent and predictable manner, benefiting both you and us by providing clarity on jurisdictional issues.
We may modify these Terms at any time. Notice of changes may be provided through email, on our Sites, or by updating the "Last Updated" date. Your continued use of our Sites after changes become effective constitutes acceptance of the new terms. It is your responsibility to review these Terms periodically for any changes as they are binding on you.
If any provision of these Terms is found invalid, illegal, or unenforceable, the remaining provisions will remain in effect. This clause helps to ensure that the entire Terms of Service do not become unenforceable if one part is deemed invalid. It is designed to protect the integrity of the remaining provisions, ensuring that our Terms remain effective and enforceable.
These Terms constitute the entire agreement between you and PrestonKwei.com regarding the use of our Sites and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter herein. This clause clarifies that these Terms are the final and complete expression of the agreement between us concerning your use of our Sites, and it prevails over any previous discussions or agreements.
Our commitment to your privacy is outlined in our Privacy Policy. By using our Sites, you agree to the collection, use, and sharing of your information as described in our Privacy Policy. We take your privacy seriously and strive to protect your personal information through appropriate measures. Please review our Privacy Policy to understand how we handle your data.
Our Sites may contain links to third-party websites or services that are not owned or controlled by PrestonKwei.com. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that PrestonKwei.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We welcome and encourage feedback, comments, and suggestions for improvements to our Sites ("Feedback"). You can submit Feedback by emailing us at feedback@prestonkwei.com or through other feedback mechanisms provided within our Sites. By submitting Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free license to use and exploit such Feedback for any purpose. We may use your Feedback to make improvements to our services, and you acknowledge that we have no obligation to compensate you for any use of such Feedback.
Informal Dispute Resolution:
If a dispute arises between you and us relating to these Terms or the use of our Sites, we strongly encourage you to first contact us directly to seek a resolution. You can reach us at legal@prestonkwei.com. We will make reasonable efforts to address and resolve the dispute informally.
Binding Arbitration and Class Action Waiver:
If we are unable to resolve the dispute through informal means, you and PrestonKwei.com agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of our Sites, including the formation, interpretation, breach, or termination thereof, the relationship between the parties, and any related non-contractual obligations ("Dispute"), shall be finally and exclusively settled by binding arbitration. This arbitration agreement is intended to be broadly interpreted.
Exceptions:
The following disputes are excluded from this arbitration agreement:
Class Action Waiver:
YOU AND PRESTONKWEI.COM AGREE TO WAIVE ANY RIGHT TO LITIGATE OR ARBITRATE ANY DISPUTE ON A CLASS ACTION BASIS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings.
Arbitration Procedure:
The arbitration shall be conducted by a single, neutral arbitrator. The arbitration shall be conducted at a mutually agreeable location to the parties. The language of the arbitration shall be English. The arbitrator shall have the authority to award any remedy or relief that a court of competent jurisdiction could have awarded, but only on an individual basis. The arbitrator's decision shall be final and binding on the parties.
Costs and Fees:
Each party shall bear its own costs and expenses, including attorney's fees, incurred in connection with the arbitration.
Governing Law:
The arbitration shall be governed by the Federal Arbitration Act and the substantive laws of California, without regard to its conflicts of law principles.
Survival:
This arbitration agreement will survive the termination of these Terms or your use of the Sites.
Opt-Out Right:
You may opt out of this arbitration agreement by sending a written notice to PO Box 20987, Oakland, CA, 94620 within 30 days of first becoming subject to this arbitration provision. The notice must include your name, address, and a clear statement that you wish to opt out of this arbitration agreement.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. This clause ensures that the Terms remain enforceable even if one part is deemed invalid, protecting the integrity of our agreement.
If you have any questions about these Terms, please contact us at legal@prestonkwei.com. We are committed to providing clear and understandable terms, and we welcome your inquiries and feedback to improve our services and terms.