Terms & Conditions
Restrictions on Use
The Web Site is the copyrighted property of ProCARE Inc., copyright © 2011-2014. All rights reserved. The ProCARE word and design marks are trademarks and/or registered trademarks of ProCARE Inc. and may not be used without ProCARE’s prior written consent. All rights reserved. All other trademarks listed herein are the property of their respective owners.
For certain aspects of the Web Site, you may be asked to register an account. In the event you agree to register an account, you will select and/or receive a username and password upon providing registration information and successfully completing the registration process. This account is personal to you, and you may not share it or allow any other person to utilize your account. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify ProCARE in the event (a) your registration information changes, or (b) you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You also agree that you will provide truthful and accurate information during the registration process. ProCARE may refuse to grant a particular username to you for any reason, including, without limitation, in the event ProCARE determines that such username impersonates someone else, is protected by trademark or other proprietary right law or is vulgar or otherwise offensive.
You acknowledge that the Web Site may contain or provide access to information, software, photos, video, text, graphics, music, sounds or other material provided by ProCARE or third parties (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other intellectual property laws, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. For the avoidance of doubt, references to Content shall include User Content.
The Content posted by users via the Web Site other than Feedback (defined below) (collectively, “User Content”) is the intellectual property of the specific users of the Web Site who post such User Content and their licensors, if any. ProCARE does not claim any ownership rights in such User Content. By posting User Content via the Web Site, however, you hereby grant to ProCARE a limited, transferable, nonexclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense and create derivative works and compilations incorporating such User Content for purposes of operating the Web Site and for such other purposes as the User Content was disclosed. ProCARE does not generally monitor or otherwise remove User Content after it is posted on the Web Site except under certain limited circumstances as required or permitted by law or otherwise in the sole discretion of ProCARE. In the event you would like to request that ProCARE remove your User Content from the Web Site, please contact ProCARE at firstname.lastname@example.org. Please note however, that if ProCARE agrees, in its sole discretion, to remove your User Content, such User Content may not be completely removed or may otherwise still be available to others in the following non-exclusive circumstances: (a) your User Content has been incorporated into derivative works or compilations created by ProCARE or other parties; (b) such User Content has been retained in ProCARE’s data backup systems or for archival purposes; or (c) to the extent such User Content has been downloaded by other persons and such persons retain your User Content.
ProCARE welcomes your comments, feedback, information, or materials regarding the Web Site, Content or ProCARE’s products or services (collectively, “Feedback”). If you submit Feedback to ProCARE, please note that your Feedback shall become the property of ProCARE. By submitting your Feedback to ProCARE, you agree to assign, and hereby irrevocably assign to ProCARE, all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis. ProCARE shall be free to use your Feedback on an unrestricted basis. You hereby assign and/or waive, as the case may be, any moral rights that you may have in or to the Feedback.
Third Party Links & Advertisers
Content, goods or services may be offered by affiliates, partners and/or third parties through the Web Site. These are offered as a convenience to you. ProCARE has no control over and does not endorse this content, goods or services. Third party providers may change, add or discontinue their content or offerings at any time without notice. They may impose additional or different conditions on your use of their content or services (please read any additional terms that may be posted by such providers). ProCARE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING CONTENT, GOODS OR SERVICES THAT YOU OBTAIN FROM THIRD PARTY PROVIDERS. YOU WILL LOOK SOLELY TO THE THIRD PARTY PROVIDER FOR ALL CLAIMS REGARDING SUCH MATTERS.
The Web Site may offer secure web pages to collect certain kinds of information from Users and may store certain kinds of sensitive information in encrypted form. The Web Site follows reasonable technical and management practices to help protect the confidentiality, security and integrity of data it collects. While no computer system is completely secure, the measures implemented by the Web Site help to reduce the likelihood of security problems to a level appropriate to the type of data involved.
ProCARE uses reasonable efforts to maintain the Web Site, but ProCARE is not responsible for any defects or failures associated with the Web Site, any part thereof, any Content posted using the Web Site, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. The Web Site may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which ProCARE may undertake from time to time, or (c) causes beyond the control of ProCARE or which are not foreseeable by ProCARE.
ProCARE is not a backup service for storing User Content, and ProCARE shall have no liability regarding any loss of User Content. You are solely responsible for creating backups of any User Content you post using the Web Site.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE WEB SITE, ANY CONTENT AND ANY PRODUCTS OR SERVICES PROVIDED VIA THE WEB SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT ALLOWED BY LAW, PROCARE PORTAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT.