Terms of Service
Effective Date: February 1, 2024
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS UNLESS YOU OPT OUT, AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
Precision Solutions LLC (also referred to as “Precision,” “we,” “us,” or “our”) provides content and services on these websites https://www.precisionbackground.com/ and https://secure.precisionbackground.com/ (the “Sites”). Except as expressly stipulated elsewhere in a separate written agreement, these Terms of Service (the "Terms") constitute the entire agreement setting forth the terms and conditions that govern your access to and use of the Services. The Services encompass, but are not limited to, those offered on and through the Sites and other websites provided by Precision, its affiliates, and partners, including: the obtaining, delivery, and management of background reports and associated documentation; the provision of status updates regarding background reports; Precision's processes for generating background reports and addressing potential inaccuracies; the mechanism for requesting a copy of your consumer file; and any disputes related to your background check.
Your access to, review of, and/or use of any portion of the Services is expressly conditioned upon and constitutes your affirmative acceptance of and continuous compliance with these Terms.
PLEASE TAKE NOTICE: SECTION 14 of these Terms of Service (the "Agreement") delineates the exclusive process for resolving any disputes, disagreements, and claims between you and Precision Solutions LLC (Precision). This provision, with limited exceptions as specified therein, mandates that both you and Precision submit any and all such claims to binding and final arbitration.
Eligibility and Age Restrictions
To be eligible to generate a background check and utilize the Services offered on our Sites, you must be eighteen (18) years of age or older, or the age of majority in your jurisdiction, whichever is greater.
By electronically affirming your consent (e.g., by checking the box below) and accessing or using the Services, you acknowledge and agree to be legally bound by these Terms of Service (the "Terms") and our Privacy Policy, as such policy may be revised periodically (the "Privacy Policy"). The Privacy Policy is hereby incorporated into these Terms by reference. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING OR ACCESSING OUR SITES OR SERVICES.
Modification of Terms
We reserve the exclusive right, in our sole and absolute discretion, to amend or revise these Terms at any time. All such changes shall become effective immediately upon their posting to the Site. The most current and effective version of these Terms will be accessible on our website, and its effective date is displayed at the top of this document. Your continued access to or use of the Services following the effectiveness of any revisions constitutes your binding acceptance of the revised Terms, subject to the limited exception provided within the Arbitration and Class Action Waiver section.
We may, with or without prior notice, terminate any or all of the rights granted to you by these Terms. We shall provide you with any additional notices or afford you choices with respect to such changes as may be mandated by applicable law.
Scope and Definitions
These Terms shall govern and apply to all customers and users of Precision Services, including, but not limited to, individuals, business entities of any size, and nonprofit organizations, all of whom shall be referenced herein collectively as "Customers," "Users," "you," or "your." This includes any individual who utilizes the Services, as well as all others who access the Services, such as website visitors and users of affiliate websites that enable access to Precision Services. The scope of "you" and "your" further extends to each User's respective heirs, assigns, and successors.
Entity Representation
If you are utilizing the Services on behalf of a business entity or organization, you hereby represent and warrant that you possess the requisite authority to legally bind that entity to these Terms. In such a case, your acceptance of these Terms shall be deemed the acceptance of that entity, and the terms "you" and "your" shall thereafter refer to that specific entity.
Information Accuracy and Privacy
Subject to the eligibility and age restrictions previously outlined, you may submit information to us through your utilization of the Services. You covenant and agree to provide us with accurate and truthful information about yourself, including any data you submit for background checks conducted about or requested by you. Your submission of all such information is subject to and governed by our Privacy Policy.
Authorization for Background Reports
In connection with the Services, you may authorize Precision and its third-party partners to obtain background reports about you, which may be characterized as consumer reports or investigative consumer reports. Should you grant such authorization, you explicitly understand and agree to the following:
Compliance with Law
By accessing or utilizing the Services, you represent and warrant that you shall adhere to all applicable federal and state laws, including, but not limited to, the Fair Credit Reporting Act (FCRA) and the Equal Employment Opportunity Act (EEOA).
Order of Precedence
In the event of a conflict between these Terms and a separate, duly executed Services Agreement between you and Precision, the provisions of the Services Agreement shall control and govern. Similarly, if you enter into any other written agreement with Precision that provides different or additional terms concerning the Precision Services and a conflict arises with a provision in these Terms, the provision in the separate written agreement shall take precedence with respect to the conflicting matter.
You may be required to register and maintain an active account with Precision to access and utilize the Services, including the platform offered for obtaining background reports on consumers.
Confidentiality and Security
You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password, and for implementing reasonable security measures to restrict unauthorized access to your computer systems. You agree to immediately notify us of any unauthorized use of your password or account.
Information Accuracy and Liability
You bear the responsibility for providing and maintaining current, complete, accurate, and truthful information associated with your account. You further agree to accept full responsibility for all activities that occur under your account, username, and/or password, regardless of whether such activities were executed with your explicit permission or authorization.
Agency and Indemnification
If you are accessing and using the Sites and Services on behalf of another individual or entity (the "Principal"), you hereby represent and warrant that you possess the requisite legal authority to bind that Principal to all Terms contained herein. To the extent you lack such authority, you personally agree to be bound by these Terms and to accept liability for any harm or damages caused by any unauthorized or wrongful use of the Sites or Services resulting from such access or use.
Termination
We expressly reserve the right, in our sole discretion and without prior notice, to refuse service and/or terminate accounts if these Terms are violated or if we determine that such action is otherwise necessary for our legitimate business interests.
Ownership of Intellectual Property Rights
Precision shall own, absolutely and in their entirety, all intellectual property rights related to the Site and Services. These rights, hereinafter collectively referred to as "Intellectual Property Rights," include, without limitation:
All such Intellectual Property Rights are and shall remain the exclusive property of Precision, its subsidiaries, affiliates, partners, and licensors, and are protected by United States and international laws, including statutes governing copyrights and trademarks.
Restrictions on Use
Except as expressly provided herein, or as otherwise required under applicable law, nothing in these Terms grants you any right to use the Intellectual Property Rights. You are strictly prohibited from using, reproducing, duplicating, copying, selling, reselling, accessing, modifying, or otherwise exploiting, in whole or in part, the Services or any portion of the Site for any purpose without our express, prior written consent.
Grant of Limited License
Subject to your continuous compliance with these Terms, Precision hereby grants you a limited, revocable, non-exclusive, non-transferable, and non-assignable license to access and use the Sites and Services strictly as provided to you by Precision for your personal, non-commercial use only, throughout the world.
Acknowledgment and No Sublicensing
You acknowledge that Precision is the sole owner and licensor of the Intellectual Property Rights and that your use of the Intellectual Property Rights does not confer upon you any additional interest in or ownership of the Intellectual Property Rights. You shall not grant any third party any right, permission, license, or sublicense with respect to the rights granted hereunder without Precision's prior written permission, which may be withheld in its sole discretion.
Termination of License and Services
All aspects of the Services are subject to change or termination at Precision's sole discretion. Any violation of this License or any other provision of these Terms may result in the immediate termination of this License and your access to the Services, at Precision's sole discretion.
Submission and License Grant
We may, in our sole and absolute discretion, permit you to post, upload, publish, submit, or transmit content through the Services (hereinafter "User Content").
You hereby grant Precision Solutions LLC (Precision) an irrevocable, perpetual, worldwide, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, display, adapt, distribute, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world. This license is granted solely for the purpose of providing the Services and for the specific purposes for which you submit the User Content, including, but not limited to, Precision's transmission of dispute or rehabilitation information to third parties who have requested background reports concerning you.
You acknowledge and agree that you are solely and exclusively responsible for all User Content that you submit through the Services.
User Warranties and Restrictions
You represent and warrant that you are either the sole and exclusive owner of all User Content you submit, or that you control all necessary rights, licenses, consents, and releases required to grant Precision the rights in such User Content contemplated by these Terms.
You covenant and agree not to engage in, assist, or encourage others to engage in the transmitting, uploading, posting, publicizing, submitting, e-mailing, sharing, distributing, reproducing, or otherwise making available any User Content (or any portion thereof) that:
Disclaimer of Liability for User Content
Precision is not responsible for examining or evaluating any User Content, nor does Precision assume any responsibility or liability for the User Content. Precision does not endorse or control the User Content transmitted or posted on the Site or through the Services, and therefore, Precision does not guarantee the accuracy, integrity, or quality of such User Content.
You understand that by using the Site and Services, you may be exposed to User Content that may be offensive, indecent, or objectionable to you. Under no circumstances will Precision be liable in any manner for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed, or otherwise made available via the Site.
You hereby waive all rights to any and all claims against Precision—including but not limited to any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution—in connection with the User Content.
Precision's Right to Monitor and Remove
You acknowledge that Precision reserves the right (but not the obligation), in its sole discretion, to refuse to post or to remove any User Content, and to change, condense, or delete any User Content. Without limiting the generality of the foregoing, Precision has the right to remove any User Content that violates these Terms or is otherwise deemed objectionable. Precision further reserves the right to refuse service and/or terminate accounts without prior notice for any Users who violate these Terms or infringe the rights of others.
You represent, warrant, and covenant that you shall not, nor shall you attempt to, nor shall you cause or permit any third party to, undertake or attempt to undertake any of the following actions in connection with your use of the Site or Services:
Notice of Penalty under the Fair Credit Reporting Act (FCRA)
WARNING: THE FCRA STIPULATES THAT ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CONSUMER REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE SUBJECT TO A FINE UNDER TITLE 18 OF THE UNITED STATES CODE OR IMPRISONMENT FOR NOT MORE THAN TWO (2) YEARS, OR BOTH.
Feedback Defined and User Warranties
By submitting any feedback, comments, questions, or suggestions concerning Precision or our Services (collectively, "Feedback") to us, you hereby represent and warrant that:
Grant of License and Waivers
By providing any Feedback, you further and irrevocably:
Survival
The provisions of this Feedback section shall survive any termination or expiration of the Services or these Terms.
Authorization and Data Responsibility
The Services may permit you to request a copy of your background check or related background reports concerning you. By initiating such a request, you authorize Precision and its contractors/providers to utilize the information you submit for the sole purposes of conducting the necessary background checks and producing the requested reports for your benefit. You agree that Precision has no obligation to monitor or edit the information you submit to us, and you bear sole responsibility for the completeness and accuracy of that submitted information.
In connection with conducting background checks, Precision may collect certain data including, without limitation, DMV records, criminal records, and other publicly available information. Precision shall treat such data in accordance with our Privacy Policy.
Acknowledgment of Statutory Notices
By requesting a copy of your background check, you further acknowledge receipt of, and hereby certify that you have reviewed and fully understand, the following three statutory notices required under the Fair Credit Reporting Act (FCRA):
Preservation of Statutory Rights
Notwithstanding any other provision in these Terms, nothing herein shall be construed to affect or impair your rights under the FCRA to: (a) access certain information in your file by contacting us, or (b) notify us and request that we investigate information in your background check that you believe is inaccurate or incomplete, each as provided in 15 U.S.C. §§ $1681c-1$, $1681g$, and $1681i$, of the FCRA.
In connection with your use of the Services, Precision may assess certain charges ("Fees"), such as those incurred when you order a background report. You agree to pay all applicable Fees or charges based on the payment terms in effect at the time the transaction is executed.
Once the Services have been initiated, all associated Fees are nonrefundable, irrespective of the final outcome or content of any generated reports.
All charges will be reflected on your account. Payment processing services utilized by us are provided by third-party payment processors and are subject to the terms and conditions of those respective third parties.
All inquiries regarding the Services, including the delivery of reports, timing, or any potential delays, must be directed to [email protected].
We attempt to be as accurate as possible when describing our Services on the Site; however, we do not warrant that the content available on the Site is accurate, complete, reliable, current, or error-free. This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice.
Each party represents and warrants to the other party that: (i) it has the full power and authority to enter into and perform its obligations under these Terms; and (ii) these Terms constitute a legal, valid and binding obligation of such party, enforceable in accordance with their terms.
DISCLAIMER OF WARRANTIES
Except for the express representations and warranties set forth above, you acknowledge and agree that the Site and its content and services are provided "AS IS" and "AS AVAILABLE." Precision obtains information in its reports from third-party sources and provides such information to you without further verification.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRECISION MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:
Precision and its suppliers, licensors, partners, and service providers expressly disclaim all such warranties and conditions.
You agree to defend, indemnify, and hold harmless Precision and its subsidiaries, affiliates, partners, licensors, directors, officers, employees, and agents (collectively, the "Indemnified Parties") from and against any third-party claims, actions, demands, losses, damages, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
(a) Your use of the Site, Services, or User Content in violation of these Terms, or in violation of any applicable law, rule, or regulation;
(b) Your breach of any representation, warranty, or obligation under these Terms;
(c) Any User Content you submit, post, or transmit through the Services;
(d) Your willful misconduct, negligence, or violation of any third party's rights, including intellectual property, privacy, or publicity rights; or
(e) Your use of automated tools (including software robots, spiders, crawlers, or similar data gathering and extraction tools) or any other action that imposes an unreasonable or disproportionate load on Precision's infrastructure.
Indemnification Process
Precision will: (i) promptly notify you in writing of any claim subject to indemnification; (ii) provide reasonable cooperation in the defense of such claim at your expense; and (iii) allow you to control the defense and settlement of the claim, provided that you may not settle any claim that imposes liability on or requires any action by Precision without Precision's prior written consent.
No Liability for Certain Issues
To the maximum extent permitted by law, Precision and its subsidiaries, affiliates, partners, licensors, directors, officers, employees, and agents (collectively, the "Precision Parties") will not be liable for any losses, damages, or claims arising from:
(a) Interruption, delay, or unavailability of the Site or Services;
(b) Data issues, including non-delivery, misdelivery, corruption, destruction, or modification of data;
(c) Third-party websites, links, or content accessed through the Site;
(d) Computer viruses, system failures, malware, or technical malfunctions occurring in connection with your use of the Site or Services;
(e) Inaccuracies, errors, or omissions in any content or information provided through the Services;
(f) Events or circumstances beyond Precision's reasonable control; or
(g) Any actions or omissions of third-party service providers or data sources.
Exclusion of Consequential Damages
To the maximum extent permitted by law, the Precision Parties will not be liable for any indirect, incidental, consequential, special, punitive, exemplary, or reliance damages of any kind, including but not limited to:
This exclusion applies regardless of the legal theory (whether in contract, tort, negligence, warranty, or otherwise) and even if Precision has been advised of the possibility of such damages.
Cap on Total Liability
In any event, the Precision Parties' total aggregate liability to you for all claims arising out of or relating to these Terms or your use of the Site or Services will not exceed the greater of: (i) the total amount you paid to Precision during the twelve (12) months immediately preceding the event giving rise to the claim; or (ii) one hundred dollars ($100).
Jurisdictional Variations
The limitations and exclusions in this section apply to the fullest extent permitted by applicable law. Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above limitations may not apply to you. In such cases, Precision's liability will be limited to the maximum extent permitted by law in your jurisdiction.
If any provision of this section is held to be invalid or unenforceable under applicable law, such invalidity will not affect the validity and enforceability of the remaining provisions, which will remain in full force and effect.
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND PRECISION CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND PRECISION TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION IN COURT.
In exchange for the benefits of the speedy, economical, and impartial dispute resolution procedure of arbitration, You and Precision mutually agree to give up our right to resolve disagreements in a court of law by a judge or jury, and, as described below, agree to binding and final arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. § 1, et seq.
You and Precision agree that this arbitration agreement is governed by the Federal Arbitration Act, and shall survive even after these Terms or any Services terminate.
Other than the exceptions in Section 14.D, You and Precision agree that any disagreement, claim, or controversy arising out of or relating in any way to these Terms (including its enforcement, breach, performance, interpretation, validity, or termination), or Your access to and/or use of the Services, or the provision of content, services, and/or technology on or through the Services (hereinafter, “Claims”), shall be resolved by final and binding arbitration to the fullest extent allowed by law.
If there is a disagreement about the arbitrability of any Claim (including questions about the scope, applicability, interpretation, validity, and enforceability of this arbitration agreement), You and Precision agree that this threshold disagreement shall be delegated to the arbitrator (not a court) and that the arbitrator shall have initial authority to resolve such threshold disagreements.
This arbitration agreement shall not require arbitration of the following types of claims: (1) small claims actions demanding $10,000 or less brought on an individual basis and within a small claims court’s jurisdiction; and (2) applications for provisional remedies, preliminary injunctions, and temporary restraining orders, including those relating to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Except as otherwise required under applicable law, You and Precision agree to bring and resolve any Claims only on an individual basis, and not as a named-plaintiff or class member in any class or representative proceeding. You and Precision acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, or any other representative proceeding as to all Claims (hereinafter, “Class Action Waiver”). Further, the arbitrator may not consolidate more than one party’s claims and may not preside over any class, consolidated, or representative proceeding, unless you and Precision agree otherwise in writing.
Notwithstanding any other provision of this arbitration agreement or the American Arbitration Association (“AAA”) Rules, specific disagreements about the scope, applicability, enforceability, revocability or validity of this Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If there is a final determination that the Class Action Waiver is unenforceable as to certain claims brought on a class or representative basis, then those claims shall be severed from any remaining claims and may proceed in court, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to any remaining claims to the fullest extent possible.
You and Precision agree that the arbitration shall be administered by the AAA before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within thirty (30) days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by the AAA. The arbitrator will apply the terms of this arbitration agreement and the applicable AAA rules, which are available at www.adr.org or by calling 1–800–778–7879. If You are an individual person, the arbitrator shall apply the AAA Consumer Arbitration Rules. If You are not an individual person, but are an entity or company, the arbitrator shall apply the AAA Commercial Arbitration Rules.
If You are an individual person and bring a claim solely for monetary relief of $10,000 or less: Precision will agree to pay for any filing, administrative, or hearing fees charged by the AAA. If the arbitrator finds that the substance of Your claim or the relief sought is frivolous or brought for an improper purpose, however, then the allocation of fees will be governed by the AAA Consumer Arbitration Rules.
If You are an individual person and bring a claim for monetary relief exceeding $10,000: The AAA Consumer Arbitration Rules will govern payment of administrative or hearing fees charged by the AAA, including limiting Your filing fee to $200. In addition, fee waivers or other forms of cost relief at the arbitrator’s discretion may be available. If the arbitrator finds that the substance of Your claim or the relief sought is frivolous or brought for an improper purpose, however, then the allocation of fees will be governed by the AAA Consumer Arbitration Rules.
If You are not an individual person: The AAA Commercial Arbitration Rules will govern payment of administrative or hearing fees charged by the AAA.
The arbitrator shall have the power to decide any motions, including dispositive or summary judgment motions, brought by any party to the arbitration. The arbitrator may grant any remedy, relief, or outcome that the parties could have received in court to resolve the party’s individual claim, including awards of attorney’s fees and costs, in accordance with the law or laws that apply to the Claim. The arbitrator shall provide in writing to the parties the basis for any award or decision. Judgment upon any award rendered in such arbitration will be binding and may be entered in any court with proper jurisdiction.
Except for the Class Action Waiver in Section 14.5, if any clause within this arbitration agreement is found to be illegal or unenforceable, that specific clause will be severed from this arbitration agreement, and the remainder of the arbitration agreement will be given full force and effect.
If you are an individual person, You have the right to opt-out and not be bound by this arbitration agreement by sending written notice to Precision — clearly indicating your intent to opt out of this arbitration agreement and including the name, phone number, and email address associated with Your account—via email ([email protected]) or U.S. Mail (Precision Solutions LLC, 37 Irving Ave, Englewood Cliffs, NJ 07632). Your opt-out notice must be sent within 30 days of Your agreement to these Terms. If You do not opt-out of this arbitration agreement within the 30-day period, You and Precision shall be bound by the terms of this arbitration agreement in full. If You opt-out of this arbitration agreement within the 30-day period, it will not affect any other, previous, or future arbitration agreements that You may have with Precision.
Prior to initiating an arbitration, You and Precision each agree to first attempt to negotiate an informal resolution of any Claims covered in Section 14.2. This pre-arbitration negotiation shall be initiated by providing written notice to the other party—including a brief written statement describing the name, address, and contact information of the notifying party, the facts giving rise to the Claim, and the relief requested. You must send such written notice to Precision via email ([email protected]) or U.S. Mail (Precision Solutions LLC, 37 Irving Ave, Englewood Cliffs, NJ 07632); Precision will send such written notice to the email address You have provided to Precision.
During this pre-arbitration negotiation, all offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability, in arbitration or other proceeding involving the parties.
After a good faith effort to negotiate, if You or Precision believe a Claim covered in Section 14.2 cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) must be provided to the other party, as specified in the AAA Rules.
No Responsibility for Third-Party Sites
The Services may contain links to third-party websites, applications, services, or resources that are not owned, operated, or controlled by Precision. These links are provided for your convenience only and do not constitute an endorsement, approval, or recommendation by Precision of:
Your Use at Your Own Risk
When you access or use any third-party website or resource through links on the Services:
(a) You do so entirely at your own risk and discretion;
(b) These Terms and Precision's Privacy Policy do not apply to your use of third-party sites;
(c) Any agreements, transactions, or relationships you enter into with third parties are solely between you and that third party; and
(d) You are responsible for reviewing and understanding the third party's terms of service, privacy policy, and other applicable policies.
Release of Liability
You expressly release and hold harmless Precision from any and all liability, claims, damages, losses, or expenses arising from or related to:
Precision makes no representations or warranties regarding third-party websites and has no obligation to monitor, review, or verify any third-party content.
Except for Section 14, which is governed by the Federal Arbitration Act, these Terms are governed by the laws of the State of Texas without regard to choice of law rules or principles. The choice of law provision is only intended to specify the use of Texas law to interpret these Terms and is not intended to create and substantive right to non-Texans to assert claims under Texas law whether by statute, common law, or otherwise.
You may not assign, transfer, or delegate any of your rights or obligations under these Terms without Precision's prior written consent. Any attempted assignment without such consent is void.
Precision may freely assign or transfer these Terms without restriction. Subject to the above, these Terms are binding upon and inure to the benefit of both parties and their respective permitted successors, transferees, and assigns.
These Terms, together with Precision's Privacy Policy and any other documents expressly incorporated by reference, constitute the entire agreement between you and Precision regarding the Services. These Terms supersede all prior or contemporaneous proposals, agreements, representations, communications, or understandings (whether oral or written) relating to the subject matter herein.
Precision will not be responsible for any failure or delay in its performance under this Agreement due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, internet or telecommunications failures, shortages of or inability to obtain labor, energy, or supplies, war, terrorism, riot, acts of God or governmental action, acts by hackers or other malicious third parties and problems with the Internet generally, and such performance shall be excused to the extent that it is prevented or delayed by reason of any of the foregoing.
The parties are independent contractors. Nothing contained in these Terms shall be construed as creating any employment, agency, partnership, franchise, joint venture, or other form of joint enterprise or authority to bind the other party. There are no third-party beneficiaries to these Terms. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provisions essential purpose. Any waiver of a provision of these Terms will only be valid if provided in writing and applies only to the specific occurrence so waived. Failure to enforce any provision will not constitute a waiver. Nothing in these Terms will limit a party’s ability to seek equitable relief. Section headings are not to be used in the interpretation hereof. The following Sections survive any expiration or termination of these Terms: 2-3, 5, and 8-13.
You hereby consent to receive all agreements, notices, disclosures, and other communications (collectively, "Notices") referenced in these Terms from us electronically, including, without limitation, by email or by posting such Notices directly on this Site. You agree that all Notices provided to you electronically satisfy any legal requirement that such communications be made in writing.
Unless expressly specified otherwise within these Terms, all formal notices required under these Terms shall be in writing and shall be deemed to have been duly given upon the occurrence of the earliest of the following:
Written notice may be sent via first-class mail to Precision Solutions LLC; 37 Irving Ave, Englewood Cliffs, NJ 07632 or via e-mail to [email protected]. You agree that we may send notices to you regarding your use of the Site by means of electronic mail, a general notice posted on the Site, or by written communication delivered either by overnight courier or U.S. mail to your email or mailing address as appearing in our records from time to time.
