Terms of Use

PROV - Terms of Use Effective Date of Current Policy: August 2018 

 

Company Name: ProV International, Inc.

Effective Date:      August 15, 2018                  

ProV Website Terms of Use

Summary

ProV International, Inc. (“ProV”) is a IT consulting company.

  This Website is owned and operated by ProV International, Inc. and unless otherwise indicated the contents of the Website are the property of ProV and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.

 

 

THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS AND CONDITIONS") GOVERN YOUR USE OF THIS WEBSITE (PROVINTL.COM) (THE "WEBSITE"). THE WEBSITE IS MADE AVAILABLE BY PROV INTERNATIONAL, INC. ("PROV" OR "WE" OR "US"). WE MAY CHANGE THE TERMS AND CONDITIONS FROM TIME TO TIME, AT ANY TIME WITHOUT NOTICE TO YOU, BY POSTING SUCH CHANGES ON THE WEBSITE. BY USING THE WEBSITE, YOU (“YOU” OR “USER”) AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THE WEBSITE.

Acceptance of Terms

By using the Website in any manner, you agree to all of the terms and conditions contained in this document (the “Terms of Use”), ProV’ Privacy Policy (https://www.provintl.com/privacy-policy) and all other operating rules, policies and procedures that may be published from time to time on the Website by ProV, each of which is incorporated by reference (the “Policies”). We reserve the right to update or revise these terms and conditions. You can find the updates or revisions by visiting this page. Continued use of this Website after posting changes constitutes your acceptance of those changes. In addition, Apps or other services offered through the Website or through third party stores (e.g., the Google Play store) may be subject to additional terms and conditions of ProV from time to time; your use of such Apps or services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by us writing all this out for you.

Electronic Communication

When you visit this site, send emails to ProV or sign up for the ProV newsletter, you are communicating with us electronically and consenting to receive communications electronically. This consent also includes receiving Notices posted to this Website electronically. The use of any information collected through such communications with ProV are governed by our Privacy Policy, located at https://www.provintl.com/privacy-policy, which we strongly encourage you to review.

Intellectual Property

This Website and its contents are protected by U.S. and international copyright, trademark laws and other intellectual property rights, including but not limited to the graphics, audio, text, logo, headers, icons, buttons, look and feel, design and organization of the Website. Third parties whose materials appear on this website own the copyright in the materials original to them. You acknowledge and agree that the Data, service and any necessary software used in connection with this Site contain proprietary and confidential information that is protected by the applicable U.S. and International copyright and trademark laws. You are granted a limited non-exclusive and non-transferable right to use this Website for personal use as outlined in these Terms and Conditions. You may not copy, disseminate, download, reproduce or publish the content except where expressly set forth in these Terms and Conditions. Your use of the Website does not grant you ownership of any of the code, content or materials available to you on the Website.

License and Limitations on Use

By use of this Website, you are granted a limited nonexclusive and non-transferable license to access the Website and make personal use of this Site. You are granted a limited license to access and view the Website on an internet compatible device and to print the Website for your personal use only. You shall not derive or attempt to derive the source code or structure of all or any part of the Website or Website materials by reverse engineering, disassembly, decompilation or any other means. You shall not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Website or any of the content, without the express written consent of ProV. Nothing contained herein shall be construed as granting you a license under any copyright, trademark, patent or any other intellectual property rights of ProV, except for the right of use expressly set forth in these Terms and Conditions.

Third Party Sites and Services

The Website may link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. We suggest contacting those sites directly for information on their privacy policies. These other websites are not under ProV's control, and you acknowledge that ProV is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by ProV or any association with its operators. You further acknowledge and agree that ProV shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

Children's Information

PROV DOES NOT KNOWINGLY COLLECT PERSONAL INFORMATION FROM CHILDREN UNDER THE AGE OF 13. IF YOU ARE UNDER THE AGE OF 13, PLEASE DO NOT SUBMIT ANY PERSONAL INFORMATION THROUGH THE WEBSITE. WE ENCOURAGE PARENTS AND LEGAL GUARDIANS TO MONITOR THEIR CHILDREN'S INTERNET USAGE AND TO HELP ENFORCE OUR PRIVACY POLICY BY INSTRUCTING THEIR CHILDREN NEVER TO PROVIDE PERSONAL INFORMATION ON THIS WEBSITE. IF YOU HAVE REASON TO BELIEVE THAT A CHILD UNDER THE AGE OF 13 HAS PROVIDED PERSONAL INFORMATION TO PROV THROUGH THIS SERVICE, PLEASE CONTACT US AND WE WILL ENDEAVOR TO DELETE THAT INFORMATION FROM OUR DATABASES.

Termination

Your rights under this Agreement will automatically terminate if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the ProV Website or App(s) and ProV reserves the right to immediately revoke your license to use the ProV Website or App(s) without compensation or other remuneration. ProV’s failure to exercise or enforce any term of this Agreement will not constitute a waiver of such term or any of ProV’ rights or remedies.

Indemnity and Release

You agree to release, indemnify and hold ProV and its affiliates and their officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Website or any Apps, your violation of these Terms of Use or your violation of any rights of another.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROV EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

PROV MAKES NO WARRANTY THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.

WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEBSITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEBSITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE WEBSITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE WEBSITE.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROV WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE OR ANY OTHER MATTER RELATING TO THE WEBSITE. IN NO EVENT WILL PROV'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID PROV OR THIRD PARTY STORES FOR PROV PRODUCTS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.

Dispute Resolution

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The Terms of Use shall be enforced, governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the United States of America. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Southern District of New York or state courts located in New York, New York.

Integration and Severability

The Policies are the entire agreement between you and ProV with respect to the use of the Website, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and ProV with respect to the Website. If any provision of the Policies is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Policies will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Amendment

We may amend any of the terms of this Agreement in our sole discretion by posting the revised terms on the Provintl.com website. Your continued use of the Website after the effective date of any such amendment constitutes your agreement to be bound by such amendment.

Assignments and Transfers

The Policies are not assignable, transferable or sublicensable by you except with ProV' prior written consent. ProV may assign, transfer or delegate any of its rights and obligations hereunder without consent.

Non-creation of Legal Relationship

No agency, partnership, joint venture, or employment relationship is created as a result of the Policies and neither party has any authority of any kind to bind the other in any respect.

Miscellaneous

ProV shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond ProV’ reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).

Claims Regarding Copyright Infringement

We strictly adhere to the Take Down Procedures as outlined by the Digital Millennium Copyright Act. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, ProV has designated an agent to receive notices of claimed copyright infringement.

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please contact us at:

copyrightagent@provintl.com

You may want to seek the advice of independent legal counsel before filing a notification or counter-notification.

Questions? Concerns? Suggestions?

We’d love to hear from you about ways to make our Website and the ProV community better, to ask us anything about our Policies or the Website, or in the unfortunate case that you need to report any violations of these Terms of Use. Please drop us a line at info@ProV.com.

Any suggestions or feedback may or may not be incorporated into the Website at the sole discretion of ProV. Any perceived incorporation of a suggestion will not give rise to intellectual property rights or ownership being transferred in any way to the user.

Last Updated: August 13, 2018