Prager University Foundation User Agreement
Effective June 1, 2021
Prager University Foundation (“PragerU”) powers multiple online communities. This User Agreement and your conduct make that possible.This Prager University Foundation User Agreement (“User Terms”) applies to your access to and use of the websites, mobile apps, widgets, APIs, emails, and other online products and services (collectively, the “Services”) provided by Prager University Foundation, Inc. (“Prager University Foundation,” “PragerU,” “we,” “us,” or “our”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these User Terms, you may not access or use our Services. When the terms “we,” “us,” “our,” or “Prager University Foundation” are used, they mean and cover Prager University Foundation and its owners, directors, officers, employees and agents.
1. Your Access to the Services
Children under the age of 13 are not allowed to create an Account or otherwise use the Services. Additionally, you must be over the age required by the laws of your country or jurisdiction to create an account or otherwise use the Services, or we need to have received verifiable consent from your parent or legal guardian. If certain of our Services or portions of our Services require you to be 18 years of age or older, please read all notices and any additional User Terms carefully when you access those specific Services. If you are accepting these Terms on behalf of another legal entity, including a business or government entity, you represent that you have full legal authority to bind such entity to these Terms.
2. Your Use of the Services
PragerU grants you a personal, non-transferable, non-exclusive, revocable, limited license to use and access the Services solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms.
Except as permitted through the Services or as otherwise permitted by us in writing, your license does not include the right to:
license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content;
modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or
access the Services or Content in order to build a similar or competitive website, product, or service
We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
3. Your PragerU Account and Account Security
To use certain features of our Services, you may be required to create a PragerU account (an “Account”) and provide us with a username, password, and certain other information about yourself. You are solely responsible for the information associated with your Account and anything that happens related to your Account. You must maintain the security of your Account and immediately notify Us if you discover or suspect that someone has accessed your Account without your permission. We recommend that you use a strong password that is used only with your Account. You will not license, sell, or transfer your Account without our prior written approval.
4. Your Content
The Services may contain information, text, links, graphics, photos, videos, or other materials (“Content”), including Content created or submitted to the Services by you or through your Account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of the Content uploaded by either other user, or Your Content.
By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.
You retain any ownership rights you have in Your Content, but you grant PragerU the following license to use that Content:
When Your Content is created with or submitted to the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed anywhere in the world. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with Prager University Foundation. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
Any ideas, suggestions, and feedback about PragerU or our Services that you provide to us are entirely voluntary, and you agree that Prager University Foundation may use such ideas, suggestions, and feedback without compensation or obligation to you.
Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for violating these Terms, or if you otherwise create or are likely to create liability for us. You agree that we have no responsibility or liability in letting you know of our decision in doing so, or providing you with advance notice of doing so.
5. Third-Party Content, Advertisements, and Promotions
The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any third party’s websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.
The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including Your Content.
If you choose to use the Services to conduct a promotion, including a contest or sweepstakes (“Promotion”), you alone are responsible for conducting the Promotion in compliance with all applicable laws and regulations at your own risk. Your Promotion must state that the Promotion is not sponsored by, endorsed by, or associated with PragerU, and the rules for your Promotion must require each entrant or participant to release PragerU from any liability related to the Promotion.
As with Community forums in general, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
6. Things You Cannot Do
You may not:
Use the Services in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the Services
Gain access to (or attempt to gain access to) another user’s Account or any non-public portions of the Services, including the computer systems or networks connected to or used together with the Services
Upload, transmit, or distribute to or through the Services any viruses, worms, malicious code, or other software intended to interfere with the Services, including its security-related features
Use the Services to violate applicable law or infringe any person’s or entity's intellectual property rights or any other proprietary rights
Access, search, or collect data from the Services by any means (automated or otherwise) except as permitted in these Terms or in a separate agreement with PragerU (We conditionally grant permission to crawl the Services in accordance with the parameters set forth in our robots.txt file, but scraping the Services without Prager University Foundation’s prior consent is prohibited)
Use the Services in any manner that we reasonably believe to be an abuse of or fraud on Prager University Foundation or any payment system
Violate standard best practices in terms of communities
You may not harass, bully, or threaten violence to others
You may not spam or solicit for business/services through our communities
You must respect the privacy of others, and under no circumstances reveal another User’s personal/confidential information
You may not post sexually suggestive messages
You may not intentionally impersonate another individual
You may not condone, solicit or facilitate any illegal activity
You may not harm our website or our web hosts in any way with your usage
Please remember, we LOVE free speech; however, these are Community platforms for specific purposes for specific groups, i.e. to connect PragerFORCE Students and Young Professionals with each other, and to connect PREP Parents with each other, who specifically wish to discuss items of relevance related to PragerU content—that which promotes Americanism and Judeo-Christian values—please keep your discussions on point with the Communities you join
We are a 501(c)(3) educational nonprofit and do not advocate for political candidates or legislation. Please refrain from political advocacy.
Moderating a PragerU Community is a combination of services performed by staff in-house along with unofficial, voluntary positions that may be available to users of the Services. We are not responsible for actions taken by the moderators. We reserve the right to revoke or limit a user’s ability to moderate at any time and for any reason or no reason, including for a breach of these Terms. If you choose to moderate a PragerU Community:
You agree that when you receive reports related to a troublesome post or user, you will take appropriate action, which may include removing content that violates policy and/or promptly escalating to Us for review as needed;
If you are a volunteer Moderator, you may not enter into any agreement with a third party on behalf of Prager University Foundation
You may not perform moderation actions in return for any form of compensation, consideration, gift, or favor from third parties;
If you have access to non-public information as a result of moderating a Community, you will use such information only in connection with your performance as a moderator; and
You may create and enforce rules for the subPrager University Foundations you moderate.
PragerU reserves the right, but has no obligation, to overturn any action or decision of a moderator if it, in its sole discretion, believes that such action or decision is not in the interest of the Community in question.
We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.
8. Copyright, Trademark, the DMCA, and Takedowns
Prager University Foundation respects the intellectual property of others and requires that users of our Services do the same. We have a policy that includes the removal of any infringing material from the Services and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers. If you believe that anything on our Services infringes a copyright or a trademark that you own or control, you may notify us by contacting:
Prager University Foundation
15021 Ventura Blvd #552
Sherman Oaks, CA 91403
Also, please note that if you knowingly misrepresent that any activity or material on our Service is infringing, you may be liable to Prager University Foundation for certain costs and damages.
9. Paid Services and Payment Information
There are no fees for the use of many aspects of the Services. However, some services may be available for purchase (“Paid Services”). We use third-party service providers to process your Payment Information. If you submit your Payment Information, you agree to pay all costs that you incur, and you give us permission to charge you when payment is due for an amount that includes these costs and any applicable taxes and fees.
Except to the extent prohibited by law, you agree to defend, indemnify, and hold us, our directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors (the “Prager University Foundation Entities”) harmless from any claim or demand, including costs and attorneys’ fees, made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. PRAGERU DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER, INCLUDING MODERATORS. WHILE PRAGER UNIVERSITY FOUNDATION ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
12. Limitation of Liability
IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL THE PRAGERU ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. IN NO EVENT WILL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR ANY AMOUNT YOU PAID PRAGERU IN THE PREVIOUS SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF OUR ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
13. Governing Law and Venue
We want you to enjoy Prager University Foundation, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns via email@example.com.
Any claims arising out of or relating to these Terms or the Services will be governed by the laws of California, without regard to its conflict of laws rules. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Los Angeles, California, and you consent to personal jurisdiction in these courts.
14. Changes to these Terms
We may make changes to these Terms from time to time. If we make changes, we will post the revised Terms and update the Effective Date above. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your Account (if you have chosen to provide an email address) or by otherwise providing notice through our Services. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.
You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing use of all Services. If you stop using the Services without deactivating your Account, your Account may be deactivated due to prolonged inactivity.
We may suspend or terminate your Account, moderator status, or ability to access or use the Services at any time for any or no reason, including for violating these User Terms.
The following sections will survive any termination of these Terms or of your Account: 4 (Your Content), 6 (Things You Cannot Do), 10 (Indemnity), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Governing Law and Venue), 15 (Termination), and 16 (Miscellaneous).
These User Terms constitute the entire agreement between you and us regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these User Terms will not operate as a waiver of such right or provision. If any provision of these User Terms is, for any reason, held to be illegal, invalid, or unenforceable, the rest of the User Terms will remain in effect. You may not assign or transfer any of your rights or obligations under these User Terms without our consent. We may freely assign any of our rights and obligations under these User Terms.
Prager University Foundation, Inc.
15021 Ventura Blvd #552
Sherman Oaks, CA 91403