| Terms Of Use | ||||
Agreement to Terms of Use Pro-Q reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. Content Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Pro-Q’s express prior written consent. You may use information on Pro-Q services purposely made available by Pro-Q for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents. Your Use of the Site You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Pro-Q server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Pro-Q, including any Pro-Q account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Pro-Q’s systems or networks, or any systems or networks connected to the Site or to Pro-Q. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Pro-Q on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Pro-Q or others. Links to Other Sites Disclaimers The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Pro-Q reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes. Limitation of Liability Indemnity Violation of These Terms of Use You acknowledge and agree that Pro-Q may preserve any transmittal or communication by you with Pro-Q through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Pro-Q determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Pro-Q, its employees, users of or visitors to the Site, and the public. You agree that Pro-Q may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Pro-Q, for which monetary damages would be inadequate, and you consent to Pro-Q obtaining any injunctive or equitable relief that Pro-Q deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Pro-Q may have at law or in equity. You agree that Pro-Q may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) discontinuance or material modification of the Site or any service offered on or through the Site, or (3) unexpected technical issues or problems. If Pro-Q does take any legal action against you as a result of your violation of these Terms of Use, Pro-Q will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Pro-Q. You agree that Pro-Q will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use. Governing Law; Dispute Resolution Miscellaneous If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Pro-Q with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Pro-Q with respect to such use are hereby superseded and cancelled. Pro-Q will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Pro-Q’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Pro-Q of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Pro-Q and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. Feedback and Information The information contained in this web site is subject to change without notice. Copyright © 2009 Pro-Q Limited. All rights reserved.
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