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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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