Welcome to this Provident Technologies, Inc. Web site (this "Web Site").
Provident Technologies, Inc. provides this Web Site subject to the following terms
of use (these "Terms"). These Terms explain a contractual agreement
between you ("User," "You," "Your") and Provident Technologies, Inc. ("We," "Us," "Our") regarding Your
use of this Web Site. You should print a copy of these Terms for Your records.
Please note, however, that We may update and amend these Terms from time to time.
1. WHAT YOU SHOULD KNOW
The goal of this Web Site is to provide You with access to information about
Our Organization's services, products, and related links to meet Your needs
(the "Content"). The Terms are meant to protect all of Our visitors
to this Web Site, and Your access to and use of this Web Site signifies Your
agreement with these Terms. DO NOT USE THIS WEB SITE IF YOU DO NOT AGREE WITH
THESE TERMS. We reserve the right, in Our sole discretion, to modify, alter
or otherwise update these Terms at any time. Such modifications, alterations,
and updates shall be effective immediately upon posting. You agree to be bound
by such modified, altered, and updated Terms if You access or use this Web Site
after We have posted notice of such modifications, alterations or updates.
Consistent with Our goals, this Web Site will permit You to link to many other
Web sites that may or may not be affiliated with this Web Site and/or with Us.
The other linked Web sites have different terms of use that are not the same
as these Terms. Your access to and use of such linked Web sites through links
provided on this Web Site is governed by the terms of use and policies of those
sites, not this Web Site.
2. PRIVACY
Data you provide to us about yourself, and certain other information about You
is subject to our Privacy Policy. For more information, please review Our Privacy
Policy.
3. USE OF THIS WEB SITE
We control and operate this Web Site. All Content on this Web Site, including,
but not limited to, text, images, illustrations, audio clips, and video clips,
is protected by copyrights, trademarks, service marks, and/or other intellectual
property rights (which are governed by United States and worldwide copyright
laws and treaty provisions, privacy and publicity laws, and communication regulations
and statutes). The Content is owned and controlled by Us or Our affiliates,
or by third party content providers, merchants, sponsors and licensors (collectively
the "Providers") that have licensed their content or the right to
market their products and/or services to Us. Content on this Web Site or any
Web site owned, operated, licensed or controlled by the Providers is solely
for Your personal, non-commercial use. You agree to abide by all additional
copyright notices, information, or restrictions contained in any Content. You
may download a single copy of any Content contained on this Web Site, solely
for Your personal, non-commercial use, consistent with these Terms, provided
that You maintain all copyright and other notices contained in such Content.
You may not copy, reproduce, republish, upload, post, transmit, distribute,
and/or exploit the Content in any way (including by e-mail or other electronic
means) for commercial use without the prior written consent of Us or the Providers.
You may request consent by faxing a request to Provident Technologies, Inc.
at 920.458.5603. Your modification of the Content, use of the Content on any
other Web site or networked computer environment, or use of the Content for
any purpose other than personal, non-commercial use, without the prior written
consent of Us or the Providers, violates the intellectual property rights and
proprietary rights of the Content owners and is prohibited.
You may not use on Your Web site any registered or unregistered trademarks,
service marks or copyrighted materials appearing on this Web Site, including
but not limited to any logos or characters, without the express written consent
of the owner of the mark or copyright. You may not frame, deep link, or otherwise
incorporate into another Web site any of the Content or other materials on this
Web Site without Our express prior written consent. .
Violation of trademark and copyright laws may result in significant civil liability
or criminal penalties under United States and/or worldwide copyright and trademark
laws. You recognize that any reproduction or use of Content, except as authorized
by these Terms, is considered intentional infringement.
4. USER'S RESPONSIBILITIES
You warrant and represent to Us that You will not use this Web Site for any
purpose that is unlawful or prohibited by these Terms, including without limitation
the posting or transmitting any threatening, libelous, defamatory, obscene,
scandalous, inflammatory, pornographic, or profane material. If You violate
any of these Terms, Your permission to use this Web Site immediately terminates
without the necessity of any notice. We retain the right to deny access to anyone
at Our discretion for any reason, including for violation of these Terms.
You are solely responsible for Your Information, and We act as a passive conduit
for Your online distribution and publication of Your Information. As used in
these Terms, "Information" means any information or data that You
submit to this Web Site and any information or data that is generated by this
Web Site as a result of Your use of this Web Site.
In the event that You are provided with User identification numbers or codes
(collectively, "ID's"), confirmation numbers, and/or passwords (as
applicable) in the use of this Web Site, You shall maintain such User ID's,
confirmation numbers, and/or passwords in confidence and You agree not to distribute
or disclose the same to third parties. It is Your responsibility to notify Us
if We need to change or discontinue any of Your ID's, confirmation numbers,
or passwords. It is also Your responsibility to immediately request discontinuation
of an ID, confirmation number, or password upon Your knowledge or belief that
such ID, confirmation number, and/or password is, or may be subject to, a breach
of confidentiality. We may suspend or terminate Your service or access to this
Web Site if We believe a breach of these Terms has occurred.
You agree to provide true, accurate, current and complete Information. If You
provide any Information that is untrue, inaccurate, not current or incomplete
(or We have reasonable grounds to suspect that such Information is untrue, inaccurate,
not current or incomplete), We have the right to suspend or terminate Your access
and activity, and refuse any and all current or future use, of this Web Site.
5. PROHIBITED ACTIVITIES
You are specifically prohibited from any use of this Web Site, and You agree
not to use or permit others to use this Web Site, for any of the following:
(a) take any action that imposes an unreasonable or disproportionately large
load on the Web Site's infrastructure, including but not limited to "spam"
or other such unsolicited mass e-mailing techniques; (b) disclose to, or share
with, the assigned confirmation numbers and/or passwords with any unauthorized
third parties or using the assigned confirmation numbers and/or passwords for
any unauthorized purpose; (c) attempt to decipher, decompile, disassemble or
reverse engineer any of the software or HTML code comprising or in any way making
up a part of this Web Site; (d) upload, post, emailing or otherwise transmitting
any Information, Content, or proprietary rights that You do not have a right
to transmit under any law or under contractual or fiduciary relationships; (e)
violating any applicable local, state, national or international law, including,
but not limited to, any regulations having the force of law; and, (f) using
any robot, spider, intelligent agent, other automatic device, or manual process
to search, monitor or copy Our Web pages, or the Content without Our prior written
permission, provided that generally available third party Web browser such as
Netscape Navigator® and Microsoft Internet Explorer® may be used without
such permission.
6. INFORMATION POSTED TO WEB SITE
With respect to all Information You elect to post to publicly accessible areas
of the Web Site, You agree that We have the right to use, reproduce, modify,
publish, perform and display such Information (in whole or part) worldwide;
provided that such use is subject to the terms of Our Privacy Policy.
You acknowledge and agree that We may preserve Information and may also disclose
Information if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce the Terms; (c) respond to claims that any Information violates
the rights of third-parties; or (d) protect the rights, property, or personal
safety of Our business, employees, Providers, affiliates, users, and/or the
public.
7. LINKS TO THIRD PARTY SITES AND SOFTWARE
This Web Site may contain links to third-party Web sites or software not under
Our control or operation (the "Linked Sites"). The links will let
You leave this Web Site, and You access them at Your own risk. You acknowledge
that We provide the Linked Sites for Your convenience and information only.
We do not endorse nor are We responsible for any content, information, or other
related materials found at any such Linked Sites or any links contained within
such Linked Sites, whether or not We are affiliated with the owners of such
Linked Sites. You may not establish a hyperlink to this Web Site or provide
any links that state or imply any sponsorship or endorsement of Your Web site
by Us or the Providers. You are soley responsable for all damages caused by
the download and install of software weather or not you where aware of or agreed
to such action even if the link to the Site or software was provided by Us.
We do not provide free tech support for third party software or the use of third
party web sites, wether or not We are affiliated with or provide a link to such
sites or software.
8. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through this Web Site, including payment and delivery
of related goods or services, and any other terms, conditions, warranties, or
representations associated with such dealings are solely between You and such
advertiser. You agree that We (and the Providers) shall neither be responsible
nor liable for any loss or damage incurred by You as the result of any such
dealings or as the result of the presence of such advertisers on this Web Site.
9. NO WARRANTIES
ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER
THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE
OF EXCLUSION, RESTRICTION, OR MODIFICATION, WE DISCLAIM ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE, OUR AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY
PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE,
WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES
THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE
CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE
AND INFORMATION ONLY. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE
RELIABILITY, ACCURACY OR CURRENCY OF ANY CONTENT, SERVICE, AND/OR MERCHANDISE
ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.
WE ARE A DISTRIBUTOR AND NOT A PUBLISHER. WE HAVE NO MORE EDITORIAL CONTROL
OVER SUCH INFORMATION AND CONTENT THAN DOES A PUBLIC LIBRARY OR NEWSSTAND. ANY
OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION EXPRESSED
OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING IN THE LINKED SITES) ARE THOSE
OF THE RESPECTIVE AUTHORS OR DISTRIBUTORS OF SUCH CONTENT.
YOU USE THIS WEB SITE AT YOUR OWN RISK. YOU (AND NOT US) ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING (INCLUDING WITHOUT LIMITATION YOUR INTERNET
CONNECTION) AND REPAIR OR CORRECTION OF YOUR SYSTEM.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE NOR OUR AFFILIATED OR RELATED ENTITIES (INCLUDING PROVIDERS),
NOR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, NOR ANY
PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS
WEB SITE, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE
OR EXEMPLARY DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING
NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER WE KNEW
OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION
FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE.
OUR LIABILITY, AND THE LIABILITY OF OUR PROVIDERS, TO YOU OR ANY THIRD PARTIES
IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU PAY
TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B)
$500. Some states do not allow for the limitation of liability, so the foregoing
limitation may not apply to You.
BY WAY OF EXAMPLE ONLY, WE AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE
OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM: FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS,
THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS,
OR THE RELIANCE UPON OR USE OF CONTENT, INFORMATION, OPINIONS OR OTHER MATERIALS
APPEARING ON THIS WEB SITE. MOREOVER, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT
WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT
OF OTHER USERS OR THIRD PARTIES.
The limitation of liability reflects the allocation of risk between the parties.
The limitations specified in this Section 10 will survive and apply even if
any limited remedy specified in these Terms is found to have failed of its essential
purpose. The limitations of liability provided in these Terms inure to the benefit
of Us and the Providers, and to all respective officers, directors, employees,
representatives, attorneys, and agents.
11. GOVERNING LAW AND JURISDICTION
We operate this Web Site (excluding Linked Sites) from Our offices within the
States of Wisconsin. It can be accessed from all 50 states, as well as from
other countries around the world. As each of these places has laws that may
differ from those of Wisconsin, by accessing this Web Site, You agree that these
Terms and Your use of the Web Site shall be governed in all respect by the internal
substantive laws of the State of Wisconsin, without regard to conflict of laws
provisions and shall not be governed by the United Nations Convention on the
International Sale of Goods. You further submit to exclusive jurisdiction and
venue in the state and federal courts located in the State of Wisconsin for
all disputes, cases and controversies regarding this Web Site, Your use of this
Web Site, and Your relationship with Us. We make no representation that materials
on this Web Site are appropriate or available for use in other locations, and
accessing them from territories where the Content is illegal is prohibited.
Those who choose to access this Web Site from other locations do so at their
own risk and are responsible for compliance with local laws, including laws
regarding the transmission of technical data exported from the United States
or the country in which You reside.
12. INDEMNIFICATION
We reserve the right to report any wrongdoing, if and when We become aware of
it, to any applicable government agencies. You agree to indemnify, defend and
hold Us and the Providers, Our and their officers, directors, employees, affiliates,
agents, licensors, and suppliers harmless from and against any and all claims,
demands, actions, costs, liabilities, losses and damages of any kind (including
attorneys' fees) resulting from Your use of this Web Site, Your breach of any
provision of these Terms and/or any negligent acts, omissions or intentional
wrongdoing by You. Any such indemnification shall be conditioned on Our: (a)
notifying You in writing of any such claim, demand, action, cost, liability,
loss or threat of any thereof; (b) cooperating with You in the defense or settlement
thereof; and (c) allowing You to control such defense or settlement. We shall
be entitled to participate in such defense at Our own cost and expense.
13. MESSAGE BOARDS
In the event that We provide message boards or discussion forums on this Web
Site (the "Forums"), You agree to use the Forums only in a noncommercial
manner. You shall not, without our express approval, distribute or otherwise
publish any material containing any solicitation of funds, advertising, or written
solicitation for goods and services. You agree that any uploaded materials may
be republished without compensation to You or any other person or entity. In
addition, You warrant that all moral rights in any uploaded materials have been
waived. While We do not and cannot review every message posted by You or any
other User in the Forums, and although We are not responsible for these messages,
We reserve the right (but not the obligation) to delete, move, or edit messages
that We, in our sole discretion, deem abusive, defamatory, obscene, in violation
of copyright or trademark laws, or otherwise unacceptable. We do not endorse
any Information posted on this Web Site.
You agree that You must evaluate, and bear all risks associated with, the use
of any messages, Information, or Content, including any reliance on the accuracy,
completeness, or usefulness of such messages, Information, or Content. In this
regard, You acknowledge that You may not rely on any Content We create or information
submitted to Us by third parties, including without limitation, information
in the Forums, and in all other parts of this Web Site.
14. OTHER GENERAL PROVISIONS
These Terms are for the benefit of Us and the Providers, Our and their officers,
directors, employees, affiliates, agents, licensors, and suppliers. Each of
these individuals or entities shall have the right to assert and enforce these
Terms directly against You on its (or their own) behalf. Our failure to act
with respect to a breach by You or others does not waive Our right to act with
respect to subsequent or similar breaches.
If any provision of these Terms is held to be invalid or unenforceable, such
provision will be struck and the remaining provisions enforced. Headings are
for reference purposes only.
You and We are dealing at arms' length, creating a commercial relationship.
We are not Your Agent or Your fiduciary.
The provisions and conditions of these Terms, and each obligation referenced
herein, represent the entire Agreement between Us (including the Providers),
Our affiliated or related entities, and You, and supersede any prior agreements
or understandings not incorporated herein. In the event that any inconsistencies
exist between these Terms and any future published terms of use or understanding,
the last published Terms shall prevail.
WE RESERVE ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS
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