These Terms of Service (“Terms”) apply to your access to and use of the websites and other online products and services.
LAST UPDATED: January 9, 2025
Welcome to Prenda.com! These Terms of Service (“Terms”) govern your access to and use of the websites and other products and services (collectively, the “Services”) provided by Prenda, Inc. (“Prenda” or “we”). By using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver below. If you do not agree to these Terms, do not use our Services.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
If you have any questions about these Terms or our Services, please contact us at legal@prenda.com.
For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.
Please note that when you interact with anyone on our customer support team, your conversation may be monitored or recorded for record keeping, quality assurance and training purposes. By speaking with our customer service team, you consent to the monitoring and/or recording of this conversation.
If you are under 18 (or whatever the legal adult age is where you live), you can only use our Services if your parent or guardian agrees to these Terms and supervises your use of the Services. If you are a parent or guardian whose child is using the Services in this way, you agree to be responsible and liable for your child’s use of the Services, without limitation.
If you're using our services for someone else (like a person or company), these Terms apply to both you and them. You must have permission to agree to these Terms on their behalf, and both you and they are responsible if you or they break these Terms.
You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account.
We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal rights in those usernames.
Our Services may allow you and other users to create and share content, including text, photos, videos, software and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Prenda.
You grant Prenda a license to use your User Content and any name, username, or likeness provided in connection with your User Content without compensation to you. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others.
You may not create or share any User Content for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content under the license you grant us, will not violate any rights of or cause injury to any person or entity.
You may use the Servcies only for lawful purposes and in accordance with these Terms. Additionally, you agree not to:
Prenda can choose when and how to enforce these rules. Our failure to enforce a rule in one situation does not mean we cannot enforce it in another situation. Also, these rules do not give anyone else the right to take legal action, or to expect that our services will be free of prohibited content.
The Services, including the text, graphics, images, photographs, videos, illustrations, are owned by Prenda or our licensors and are protected under both United States and foreign laws. You may not copy, distribute, or modify materials, except as incidental to your use of the Services. Any use of the Services other than as specifically authorized in these Terms or with our written permission is prohibited.
Prenda, Inc. and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of Prenda and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
You may voluntarily communicate to us any questions, comments, suggestions, ideas, materials, or other information about Prenda or our Services (collectively, “Feedback”). You understand that we may use that Feedback for any purpose, commercial or otherwise, without providing attribution or compensation to you. You understand that Prenda may treat Feedback as nonconfidential.
We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Prenda does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Prenda and our officers, directors, agents, partners and employees (individually and collectively, the “Prenda Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify Prenda Parties of any third-party Claims, cooperate with Prenda Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Prenda Parties will have control of the defense or settlement, at Prenda's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Prenda or the other Prenda Parties.
IMPORTANT!
Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein 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, fitness for a particular purpose, title, and non-infringement. In addition, Prenda does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Prenda attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
IMPORTANT!
To the fullest extent permitted by applicable law, Prenda and the other Prenda Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, or special damages or lost profits, even if Prenda or the other Prenda Parties have been advised of the possibility of such damages.
The total liability of Prenda and the other Prenda Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you to use our Services.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Prenda or the other Prenda Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release Prenda and the other Prenda Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
IMPORTANT!
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Prenda and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.
No Representative Actions. You and Prenda agree that any dispute arising out of or related to these Terms or our Services is personal to you and Prenda and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Arbitration of Disputes. Except for small claims disputes in which you or Prenda seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Prenda seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Prenda waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against Prenda or relating in any way to the Services, you agree to first contact Prenda and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Prenda by email at legal@prenda.com. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Prenda cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration. Arbitration proceedings will be held in Maricopa County, Arizona or may be conducted telephonically or via video conference for disputes alleging damages less than $10,000 or in circumstances where both parties agree to a telephonic appearance, unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). For purposes of this section, you will be deemed a “consumer” if you use the Services for your personal, family or household purposes. The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
You and Prenda agree that these Terms affect interstate commerce and that the enforceability of this section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitrator, Prenda, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the dispute. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
You and Prenda agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Prenda will pay the remaining JAMS fees and costs. For any arbitration initiated by Prenda, Prenda will pay all JAMS fees and costs. You and Prenda agree that the state or federal courts of the State of Arizona and the United States sitting in Maricopa County, Arizona have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Prenda will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this section by emailing us at legal@prenda.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration.
If any portion of this section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this section; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.
Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Arizona, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Arizona or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Arizona and the United States, respectively, sitting in Maricopa County, Arizona.
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
The failure of Prenda to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
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1 The license is nonexclusive, royalty-free, worldwide, fully paid, and sublicensable,
2 “Use” here is meant expansively, and includes, without limitation, the right to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display, in all media formats and channels now known or later developed