PROZTEC Website Terms of Use

ATTENTION: PLEASE READ THIS STATEMENT CAREFULLY BEFORE USING WWW.PROZTEC.COM (THIS "WEB SITE"). YOUR USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE PROZTEC WEBSITE TERMS OF USE ("TERMS OF USE"). IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEB SITE.

PROZ Technologies. ("PROZTEC") reserves the right to modify these Terms of Use without notice, and any modifications are effective when they are posted here. PROZTEC may, at any time, in its discretion terminate Your access to this Website. Access to the Website may be monitored by PROZTEC. If You are accessing this Website as a representative of an organization, these Terms of Use bind both You individually and the organization and references to "You" and "Your" shall be construed to apply to You individually and the organization.

PROZTEC maintains copyright protection in all materials, information, data, text, software, music, sound, photographs, graphics, video, messages, publications or other materials (collectively, "Website Content") it posts on this Website. PROZTEC grants You permission and consents to the downloading, copying and distribution of the Website Content for non-commercial purposes by You or within your organization only. In consideration of this consent, You agree that (i) copies of the Website Content will retain all copyright and other proprietary notices and (ii) You will not modify the Website Content in any way. Unless You are expressly permitted to do so by another agreement with PROZTEC, such as PROZTEC's Customer Support Agreement, and only to the extent that your use constitutes "fair use" under copyright law as determined by your legal counsel, You may not use, download, upload, copy, print, display, perform, reproduce, publish, or distribute any Website Content, in whole or in part, without the prior written consent of PROZTEC.

As a condition of your use of this Website, You will not use the Website or the Website Content for any purpose that is unlawful or prohibited by these Terms of Use. You will not use this Website in any manner that could damage, disable, overload or impair the operation of this Website or use by third parties.

Certain restricted product information is available on this Website only to licensed customers of PROZTEC who are registered to receive information via passwords issued by PROZTEC. This restricted information is considered confidential and proprietary information of PROZTEC. If You are a registered customer or a representative of a registered customer, You may be authorized by another agreement, such as PROZTEC's Customer Support Agreement, to download, copy, re-distribute, and use the restricted information as authorized by PROZTEC. Issuance of a registration password is conditioned on the customer's use of such restricted information only in accordance with the terms of their license, product or service agreement with PROZTEC. You shall not transfer your password to unauthorized parties. You shall immediately notify PROZTEC of any unauthorized use of your password. You are responsible for use of your password. You will not attempt to gain access to any Website Content or area within this Website that You are not authorized to access.

You agree to the following with regard to Your use of the Website: (a) You will not access the Website under an anonymous or false name, and You will not permit any other person to access the Website under your name or using an anonymous or false name to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (b) You will not transmit to the Website any content that (i) is libelous, defamatory, obscene, pornographic, threatening, or abusive or harassing to another individual, (ii) violates any law, including without limitation, laws governing copyright infringement and data privacy, (iii) violates or infringes upon the rights of or otherwise harms any third party, (iv) is otherwise offensive or objectionable to PROZTEC, Website participants, or other parties, or (v) the export or re-export of which requires a license or license exception from the United States government or other foreign governments having jurisdiction; (c) You will not post or transmit to the Website any content containing any malware or harmful or corrupt code, programming code, or data (including but not limited to "viruses", "worms" and "cancelbots"), or other code that otherwise adversely affects the functioning of the Website or interferes with or disrupts the Website or any other PROZTEC websites, servers, or networks connected to PROZTEC's websites; (d) You will not use the Website for purposes of promotion, solicitation, or advertising; and (e) PROZTEC will not have and expressly disclaims any liability related to the misuse, loss, modification, or unavailability of any content.

Certain information available on this Website is provided by other parties, particularly information about such other parties. You understand that all such information is the sole responsibility of the party who originated it and that PROZTEC has no responsibility for such content and does not guarantee the accuracy, integrity or quality of such content. In no event is the inclusion of a statement about another party, a reference to such other party or a web-link to another party's website an endorsement of such other party, their products or their services.

RSS (really simple syndication) content is available on this Web Site, consisting of feeds of story headlines from various providers of such feeds. Your use of the RSS content is subject to these terms and conditions and also to those of the service that feeds the content ("Service"). You may not modify the content or the links provided by such Service. You must request permission from the Service to use, modify, display, or link to the RSS content in any way. The RSS content is owned by the Service. PROZTEC reserves the right to remove the RSS content at any time.

You may link to the www.proztec.com home page, and to any other page on the Web Site. PROZTEC reserves the right to withdraw such consent at any time in its discretion. You may not use any of PROZTEC's proprietary logos, trademarks, or other distinctive graphics, video, or audio material in Your links. You may not link in any manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by PROZTEC, without PROZTEC’s written consent; 2) cause confusion, mistake, or deception; 3) dilute PROZTEC's trademarks, service marks, or trade names; or 4) otherwise violate applicable law.

You may link to the www.proztec.com home page, and to any other page on the Web Site. PROZTEC reserves the right to withdraw such consent at any time in its discretion. You may not use any of PROZTEC's proprietary logos, trademarks, or other distinctive graphics, video, or audio material in Your links. You may not link in any manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by PROZTEC, without PROZTEC’s written consent; 2) cause confusion, mistake, or deception; 3) dilute PROZTEC's trademarks, service marks, or trade names; or 4) otherwise violate applicable law.

Website Content may refer to products, programs or services that are not available in Your country. Consult Your local PROZTEC representative for information about the products, programs and services that may be available to You.

Any software that is available for download from this Website is the copyrighted property of PROZTEC and/or its suppliers. Any use or reproduction of any such software and warranties as to such software, if any, are governed by (i) the terms of the license agreement applicable to that software, or (ii) if no license agreement applies, then are governed by the warranties under these Terms of Use. Your use of any third-party product or service purchased by You in connection with this Website is governed by the terms of the agreement applicable to such product or service.

Neither PROZTEC nor any of its affiliates or suppliers or its or their officers, directors, employees, agents, representatives or subcontractors (collectively, the "PROZTEC Group") shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, denial of service attacks, date data processing failures, telecommunications or Internet problems, utility failures or problems, defects, bad weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of terrorism, cyber-security attacks, acts of war or other like causes beyond the reasonable control of PROZTEC. PROZTEC shall have no responsibility to provide access to this Website while the interruption of this Website due to any such cause continues. PROZTEC may discontinue providing You access to this Website at any time.

Disclaimer; Limitation of Liability; Indemnity

This Website and all Website Content is provided "AS IS" and WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF THE WEBSITE CONTENT, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. It is up to You to take precautions to ensure that whatever You select for Your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

IN NO EVENT WILL PROZTEC OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOST REVENUE OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF, THIS WEBSITE OR ANY SITE LINKED TO WWW.PROZTEC.COM. WITHOUT LIMITING THE FOREGOING, NEITHER PROZTEC NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM YOUR USE OF THIS WEBSITE OR ANY WEBSITE CONTENT, WHETHER ARISING UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LAW OR CAUSE OF ACTION.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE MAY NOT APPLY TO YOU.

You agree to release, defend, indemnify and hold the PROZTEC and its affiliates harmless from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with Your access to or use of this Website or any Website Content.

Export and Trade Controls

You agree not to import, export, re-export, or transfer, directly or indirectly, any part of this Website or any Website Content provided on or pursuant to this Website except in full compliance with all United States, foreign and other applicable laws and regulations, including, but not limited to, export control laws.

Submissions

Any information, material, or idea You submit to this Website by any means will be treated as non-confidential and non-proprietary and may be used by the PROZTEC and its affiliates for any purpose whatsoever, including without limitation the development and/or provision of products and services, except that all personal data submitted to this Website will be used by PROZTEC in accordance with PROZTEC's privacy policy.

Severability

If any provision of these Terms of Use is found to be unlawful or unenforceable in any respect, You agree that the court may reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision). As so reformed or deleted, the court shall fully enforce the resulting Terms of Use.

See PROZTEC privacy statement relating to the collection and use of information through this Web Site.
PROZTEC is an Equal Opportunity Employer.