Legal Terms of Use
ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"), PLEASE DO NOT USE THIS WEB SITE.
Use of Site
Prodiance is a registered trademark of Prodiance Corporation. Prodiance Corporation ("Prodiance") authorizes you to view and download the
materials at this Web site ("Site") only for your
personal, non-commercial use, provided that you retain all
copyright and other proprietary notices contained in the
original materials on any copies of the materials. You may not
modify the materials at this Site in any way or reproduce or
publicly display, perform, or distribute or otherwise use them
for any public or commercial purpose. For purposes of these
Terms, any use of these materials on any other Web site or
networked computer environment for any purpose is prohibited.
The materials at this Site are copyrighted and any unauthorized
use of any materials at this Site may violate copyright,
trademark, and other laws. If you breach any of these Terms,
your authorization to use this Site automatically terminates and
you must immediately destroy any downloaded or printed
materials.
Use of Software
If you download software from this Site ("Software"), use of the Software is
subject to the license terms in the Software License Agreement
that accompanies or is provided with the Software. You may not
download or install the Software until you have read and
accepted the terms of the Software License Agreement.
User Submissions
Other than personally identifiable information, which is discussed below, any
material, information or other communication you transmit or
post to this Site will be considered non-confidential and
non-proprietary ("Communications"). Prodiance will have no
obligations with respect to the Communications. Prodiance and its
designees will be free to copy, disclose, distribute,
incorporate and otherwise use the Communications and all data,
images, sounds, text, and other things embodied therein for any
and all commercial or non-commercial purposes. You are
prohibited from posting or transmitting to or from this Site any
unlawful, threatening, libelous, defamatory, obscene,
pornographic, or other material that would violate any law.
Personally Identifiable Information
If you transmit or post personally identifiable information (name, address, e-mail
address, phone number, etc.) to this Site, Prodiance will handle,
process and safeguard it in accordance with Prodiance's privacy
practices. In particular, Prodiance may store your personally
identifiable information in hard copy format and electronic
media, and in Prodiance's databases that may be located in another
country. Prodiance will not sell, rent or lease your personally
identifiable information to others. Prodiance will only share such
information with other Prodiance entities or business partners (such
as agents, resellers and subcontractors) who are acting on Prodiance's
behalf to support your customer relationship with Prodiance, unless
otherwise agreed by you or required by law. Such Prodiance entities
and business partners have agreed to be bound by Prodiance's privacy
policies with respect to the use of this information. For
further information, please consult Prodiance's Online Privacy
Statement.
User Forums
Prodiance may, but is not obligated to, monitor or review any areas on the Site where
users transmit or post Communications or communicate solely with
each other, including but not limited to chat rooms, bulletin
boards or other user forums, and the content of any such
Communications. Prodiance, however, will have no liability related to
the content of any such Communications, whether or not arising
under the laws of copyright, libel, privacy, obscenity, or
otherwise. Prodiance retains the right to remove messages that include
any material deemed abusive, defamatory, obscene or otherwise
unacceptable.
Links To Other Web Sites
Links to third party Web sites on this Site are provided solely as a convenience to you.
If you use these links, you will leave this Site. Prodiance has not
reviewed all of these third party sites and does not control and
is not responsible for any of these sites or their content.
Thus, Prodiance does not endorse or make any representations about
them, or any information, software or other products or
materials found there, or any results that may be obtained from
using them. If you decide to access any of the third party sites
linked to this Site, you do this entirely at your own risk.
Disclaimer
THE MATERIALS PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY
WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY. Prodiance further does not warrant the accuracy
and completeness of the materials at this Site. Prodiance may make
changes to the materials at this Site, or to the products and
prices described in them, at any time without notice. The
materials at this Site may be out of date, and Prodiance makes no
commitment to update the materials at this Site. Information
published at this Site may refer to products, programs or
services that are not available in your country. Consult your
local Prodiance representative for information regarding the
products, programs and services that may be available to you.
Applicable law may not allow the exclusion of implied
warranties, so the above exclusion may not apply to you.
Limitation of Liability
IN NO EVENT WILL PRODIANCE, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE
LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR
BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE,
OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS
SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL
SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY
OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION
FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR
CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
Applicable Laws
This Site is administered by Prodiance from its offices in San Ramon, California.
Prodiance makes no representation that materials at this Site are
appropriate or available for use outside the United States, and
access to them from territories where their contents are illegal
is prohibited. You may not use or export or re-export the
materials at this Site or any copy or adaptation in violation of
any applicable laws or regulations including without limitation
U.S. export laws and regulations. If you choose to access this
Site from outside the United States, you do so on your own
initiative and are responsible for compliance with applicable
local laws. These Terms will be governed by and construed in
accordance with the laws of the State of California, without
giving effect to any principles of conflicts of laws.
General
Prodiance may revise these Terms at any time by updating this posting. You should visit
this page from time to time to review the then-current Terms
because they are binding on you. Certain provisions of these
Terms may be superseded by expressly designated legal notices or
terms located on particular pages at this Site.
Revised April 2009
