2. Updates to Terms - Please note that these Terms may be revised and reissued, prospectively by posting updated terms on this Site. You consent and agree to receive notices of updates of these Terms through postings of the updated Terms on our Site. You should visit this page regularly to review the current terms. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions.
3. Legal Capacity - This is a general audience Site for adults. We will assume (and by using this Site you represent that) you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
4. Age - You represent that you are at least eighteen (18) years of age.
5. The Information You Give Us Must Be Correct - To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide be correct, current, and complete. If we believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account.
6. Online Privacy Notice - Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this site.
7. Internet Browsers - Up-to-date Internet browsers that we support include Internet Explorer 10.x or higher, Safari 3.2x or higher, Firefox 32.x or higher and Chrome 38.x or higher, Mac OSX Safari 5 or higher, Safari for iOS6 and higher, Chrome for iOS, and Chrome for Android.
8. Disclaimer of Warranties - YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, PRODAWAY®, ITS PARENT COMPANY, AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF PRODAWAY®("THE PRODAWAY® GROUP") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE PRODAWAY® GROUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PRODAWAY® GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY WEB SITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE PRODAWAY® GROUP MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEB SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE PRODAWAY® GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEB SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
ALL RIGHTS, OBLIGATIONS AND COVENANTS OF THE PRODAWAY® GROUP AND ANY PRODAWAY® CUSTOMER WITH RESPECT TO ANY PRODAWAY® PRODUCT OR SERVICE SHALL BE SUBJECT TO THE TERMS AND CONDITIONS OF A DEFINITIVE CUSTOMER SERVICE AGREEMENT EXECUTED AND DELIVERED BY THE PARTIES TO THAT AGREEMENT. IF THERE IS ANY CONFLICT BETWEEN THESE TERMS AND THE CUSTOMER SERVICE AGREEMENT, THE CUSTOMER SERVICE AGREEMENT WILL CONTROL.
10. Trademarks and Copyrights - This Site and materials incorporated by Prodaway® on this Site ("Material") are protected by copyrights, patents, trade secrets or other proprietary rights ("Intellectual Property Rights"). Some of the characters, logos or other images incorporated by Prodaway® on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Prodaway® or others ("Trademarks"). Prodaway® respects the intellectual property rights of others and asks users of this Site to do the same.
11. Your Use of Material - Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms may be a violation of the Copyrights and/or Trademarks protected by law and these Terms and is prohibited.
12. Submissions, Postings and E-mails - Prodaway® is interested in hearing from you regarding your questions or comments about our Site. However, Prodaway® does not accept or consider unsolicited submissions of any kind (e.g. ideas, treatments, concepts, or any other materials) in any format, by any means of transmission (including email). Any such submissions are either returned to the sender without being reviewed or deleted or discarded without being reviewed. Therefore, please do not send any unsolicited submissions to any member of Prodaway®.
13. Invited Submissions - From time to time, areas on this Site may expressly request submissions of concepts, stories, or other potential content from you ("Invited Submissions"). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this Site to govern those submissions ("Additional Terms"), as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL, EXCEPT WE WILL TREAT YOUR PERSONALLY IDENTIFIABLE INFORMATION, YOUR BANK ACCOUNT INFORMATION AND YOUR TRANSACTIONS INFORMATION AND DATA AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to the Site.
14. Responsible Use of Site - Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing, or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials transmitted on or through this Site are the sole responsibility of the sender, not Prodaway®, and that you are responsible for all material you upload or otherwise transmit to or through this Site.
You may not link or otherwise connect our Site or any content on our Site without our prior written permission to do so. You agree that you will not use this Site for any of these prohibited uses or purposes:
- Selling, reselling or offering for sale or resale any content or aspect of this Site;
- Bypassing any measures we use to prevent, restrict or otherwise limit access;
- Using the Site to send altered, deceptive or false information;
- Using the Site to intercept, collect or store personal information of others;
- Using the Site to spam or phish or otherwise impact the operation of the Site or the integrity of the use of the Site by Prodaway® or others;
- Accessing, monitoring or copying any content or information on the Site, including but not limited to by means of robots, screen scrapers, data mining software or similar tools;
- Framing or otherwise incorporating all or any portion of the Site into any other site;
- Decompiling, disassembling or reverse engineering any of the software or content used in any part of the Site;
- Placing, sending or otherwise transmitting any malware, virus or using any malicious programs or techniques in connection with the Site;
- Overloading or otherwise crashing or attempting to crash the Site; and
- Engaging in any high volume data transfers or bandwidth use through your use of the Site.
15. Release - If you have a dispute with one or more users, you release us from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
16. System Abuse - Without limitation, you agree not to send, create or reply to so called "mailbombs" (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in "spamming" (i.e., unsolicited emailing for business or other purposes), or undertake any other activity which may adversely affect the operation or enjoyment of this Site by any other person. You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Site.
17. Security - Any usernames and passwords used for this Site are for individual use only. You shall be responsible for the security of your username and password (if any). Prodaway® shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that Prodaway® considers insecure, Prodaway® will be entitled to require this to be changed and/or terminate your account.
18. Violation of Security - You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Prodaway® reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
19. Investigations - Prodaway® reserves the right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission, posting, or e-mails you make or send to any Forum. Prodaway® may seek to gather information from the user who is suspected of violating these Terms, and from any other user. Prodaway® may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Prodaway® believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting, or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. Prodaway® will fully cooperate with any law enforcement authorities or court order requesting or directing Prodaway® to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF THE PRODAWAY® GROUP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF THE PRODAWAY® GROUP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER A MEMBER OF THE PRODAWAY® GROUP OR LAW ENFORCEMENT AUTHORITIES.
20. Service - In order to use this Site, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem, mobile device, tablet and/or other access devices).
21. Reservation of Rights - Prodaway® reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.
22. Local Regulations - Prodaway® makes no representation that Materials or other content on the Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
23. Third-Party Sites - This Site may link you to other sites on the Internet, such as Network Banks. These other sites are not under the control of Prodaway®, and you acknowledge that (whether or not such sites are affiliated in any way with Prodaway®) Prodaway® is not responsible for the content of such sites. Prodaway® cannot ensure that you will be satisfied with any services that you obtain from any third-party site that links to or from Prodaway®. Prodaway® does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any of these third parties.
24. Proprietary Online Services - Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.
25. How To Contact Us - This Site is controlled and operated by Prodaway, LLC. Please forward any comments or complaints about the Site to firstname.lastname@example.org.
26. General - If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Prodaway® relating to the matters contained here and the Site.
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