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Terms of Use Agreement  

 

Terms of Use Agreement

Legal > Terms of Use Agreement

Introduction

This website ("Website") is provided to you under these "Terms of Use" and any revisions or additions to them that may be posted by ProAssist Business Services (collectively referred to as "Agreement"). Your use of this Website is considered your consent to be bound by the terms and conditions of the Agreement and is enforceable in the same way as if you had signed the Agreement. If you are not willing to accept the terms and conditions in the Agreement, we ask that you not use the Website.

Terms of Use Agreement Changes

ProAssist Business Services reserves the right to change, modify, or edit this Agreement at any time. All changes will be posted to this Website and notification will be placed on the home page. Your continued use of the Website following the posting of changes constitutes your acceptance of any such changes.

Privacy

The information we obtain through your use of this Website is subject to our Privacy Policy. Please review our Privacy Policy before you use this Website. If you are unwilling to accept the terms of the Privacy Policy, please do not use this Website.

Ownership

This Website is owned by ProAssist Business Services. All copyright to, title to, and interest in the content displayed on the Website, including but not limited to the Website's look and feel, data, information, text, graphics, images, sound or video materials, designs, trademarks, service marks, trade names, and URL, are the property of ProAssist Business Services.

Copyright Protection

This Website is owned by ProAssist Business Services and All Rights are reserved. You acknowledge that content available through the Website, including, but not limited to, content in the form of text, graphics, photographs, videos, and newsletters, and any content provided by suppliers, sponsors, or third-party advertisers ("Intellectual Property Rights"), is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Except as expressly authorized by ProAssist Business Services here, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on the Website or any content available through this Website.

You are hereby granted a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute content retrieved from the Website for your personal, noncommercial purposes, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. You may not copy, reprint, modify, distribute, or sell content retrieved from the Website in any way, for any commercial use or provide it to any commercial source, including other Websites, regardless of whether you receive compensation, without the prior written permission of ProAssist Business Services. You may not frame any trademark, logo, or other proprietary information on this Website without the express written consent of ProAssist Business Services. Except as expressly provided in the Agreement, nothing contained in the Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, or otherwise under any of ProAssist Business Services Intellectual Property Rights or under any third party's Intellectual Property Rights. Any rights not expressly granted herein are reserved.

Electronic Communications

The information communicated on the Website constitutes an electronic communication. When you communicate with us through the Website or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.


Links to Other Websites

The Website may provide links to other sites and/or resources, including advertisers, over which ProAssist Business Services has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by ProAssist Business Services of content, items, or services on those third-party Websites. Your access and use such sites, including the content, items, or services on those sites, solely at your own risk. ProAssist Business Services makes no representations or warranties with respect to the Content, ownership, or legality of any such linked Websites. You agree that ProAssist Business Services has no responsibility or liability for the availability of such external sites or resources, or for the Content, advertising, products, or other materials available through such sites or resources.

Linking to ProAssist Business Services

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ProAssist Business Services so long as the link does not portray ProAssist Business Services, its affiliates, or their items or services in a false, misleading, or offensive matter. You may not use any ProAssist Business Services logo or graphic or trademark as part of the link without the express written permission of ProAssist Business Services.

Modification or Suspension of Website

You agree that ProAssist Business Services may, in its sole discretion, and at any time, modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to you, and you agree that ProAssist Business Services will not be liable for the consequences of doing so.

Warranty Disclaimer

THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PROASSIST BUSINESS SERVICES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND NONINFRINGEMENT.

PROASSIST BUSINESS SERVICES DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. PROASSIST BUSINESS SERVICES MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROASSIST BUSINESS SERVICES OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL PROASSIST BUSINESS SERVICES BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY OTHER MATTER RELATING TO THE WEBSITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT PROASSIST BUSINESS SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Indemnification

You agree to indemnify and hold harmless ProAssist Business Services and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with your use of the Website; your breach of the Agreement; and your connection to the Website.

Severability of Agreement

If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.

How To Contact Us

If you have any questions or concerns regarding this Terms of Use Agreement you may contact us by email at legal@proassist.net or by sending correspondence to the following address:

ProAssist Business Services
Attention: Legal Department
PMB 253, Suite A6
3430 Pacific Ave. SE
Olympia, WA 98501

 

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