Please read the following terms and conditions carefully before using this Web site or any of our other Web sites. By accessing or using our sites, you agree to the following terms and conditions. You should review these terms and conditions regularly as they may change at any time at our sole discretion. If you do not agree to any term or condition, you should not access or otherwise use our sites. The following terms and conditions apply to all of our Web sites, including any Web sites owned, operated or sponsored by any of our subsidiaries or affiliates. "Content" refers to any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on our Web sites.
1. We Provide Our Web Site For Your Convenience Only
Our Web site is provided to you without charge as a convenience and for your information only. By merely providing access to our Web site content, we do not warrant or represent that:
- The content is accurate or complete;
- The content is up-to-date or current;
- We have a duty to update any content;
- The content is free from technical inaccuracies or typographical errors;
- The content is free from changes caused by third party; and
- Your access to our Web site will be free from interruptions, errors, computer viruses or other harmful components.
We do not assume any liability for these matters. In other words, you use our Web site at your own risk. Under no circumstances, including, but not limited to, negligence, shall we be liable for any direct or indirect, special, incidental or consequential damages. This includes loss of data or profit arising out of the use or the inability to use the content of this Web site, even if one of our representatives has been advised of the possibility of your damages. If your use of our Web site results in your need to service, repair or correct equipment or data, you assume the costs to the extent the law allows. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
2. We Provide Our Web Site "As Is" and Disclaim All Warranties
Our Web site content is provided "as is" and without warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including, but not limited to, implied warranties and merchantability and fitness for a particular purpose.
3. We Do Not Have Responsibility for Links to Third Party Content
We may provide hyperlinks or pointers to other Web sites maintained by third parties or may provide third party content on our Web site by framing or other methods. The links to third party Web sites are provided for your convenience and information only. The content in any linked Web sites is not under our control so we are not responsible for the content, including any further links in a third party site. If you decide to access any of the third party sites linked to our Web site, you do this entirely at your own risk. It is up to you to take precautions to ensure that the third party you link to for your use is free of computer viruses, worms, trojan horses and other items of a destructive nature.
4. If We Provide a Link, We Do Not Necessarily Endorse A Third Party
We reserve the right to terminate a link to a third party Web site at any time. The fact that we provide a link to a third party Web site does not mean that we endorse, authorize or sponsor that Web site. It also does not mean that we are affiliated with the third party Web site's owners or sponsors.
5. If a Third Party Links to Our Web Site, It is Not An Endorsement If a third party links to our Web site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not aware that a third party has linked to our Web site.
A Web site that links to our Web site:
- May link to, but not replicate, our content;
- Should not create a browser, border environment or frame our content;
- Should not imply that we are endorsing it or its products;
- Should not misrepresent its relationship with us;
- Should not present false information about our products or services; and
- Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.
6. Your Use of Our Web Site is Restricted
Our Web site and its content are owned and operated by us. Our Web site's content is copyrighted and protected by U.S. and worldwide copyright laws and treaty provisions. In addition, our Web site content is protected by trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
No content from www.proactiveconcepts.com or any other Web site owned, operated, licensed or controlled by us may be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way. You also may not, without our permission, "mirror" any material contained on our Web site on any other server. The sole exceptions to these restrictions are:
- You obtain written permission from us to waive these restrictions; or
- You may download one copy of the content on a single computer for informational, non-commercial and personal use only, provided you keep intact all copyright and other proprietary notices and do not modify, and will not copy or post, the content on any network computer or broadcast in any media.
Violation of these restrictions will be a violation of one or more laws and is expressly prohibited by law. If you violate these restrictions, you may be subject to civil and criminal penalties. If we grant you permission to waive these restrictions, the permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded materials and printed materials. The following is a non-exclusive list of service marks of Proactive Concepts. in the United States and other countries or jurisdictions:
To the extent a name, logo or design does not appear on the above list, such lack of appearance does not constitute a waiver of any intellectual property rights that Proactive Concepts has established in its product or service names or logos, or in product configurations or designs, all of which rights are expressly reserved.
7. By Providing Content, We Do Not Allow You to Use Our Trademarks
The trademarks, service marks and logos of Proactive Concepts used and displayed on our Web site are our registered and unregistered trademarks. Nothing on this Web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our trademarks without our written permission. Requests to use trademarks owned by other companies which may be mentioned on this Web site should be directed to such other companies. We aggressively enforce our intellectual property rights. The name Proactive Concepts or our logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Web site, without prior written permission. You are not authorized to use our logo as a hyperlink to our Web site unless you obtain our written permission in advance. All other trademarks used herein are the registered marks of their respective owners.
8. You Agree to Indemnify Us for Using Our Web Site
You agree to indemnify, defend and hold harmless Proactive Concepts, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to us from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.
9. Third Parties May Have Rights Under This Agreement
Some of the provisions of this Agreement are for the benefit of Proactive Concepts and its officers, directors, employees, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
10. How This Agreement May Be Terminated
This Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer use our Web site after you have terminated this Agreement.
Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. We may assign our rights and duties under this Agreement to any party at any time without notice to you.
The www.proactiveconcepts.com web site ("Web Site") is owned and operated by Proactive Concepts ("Proactive Concepts "). The following privacy statement describes the practice of Proactive Concepts with respect to the collection, maintenance and disclosure of information on the Web Site.
You can access this Web Site and browse it without providing your personal information. But in order to participate in some of the activities available on, or benefit from services offered on, the Web Site, a user must provide personal information. Proactive Concepts may ask you to provide personally identifiable information, such as your name, address, email address, a telephone number, etc.
Proactive Concepts does not knowingly collect or maintain any personal information from people under the age of twenty-one. In addition, no part of our site is designed with the purpose of attracting any person under the age of twenty-one.
Use of Personal Information Collected
Personal information collected on this Web Site is used primarily for the purpose it is requested. In particular, contact information, such as name and e-mail address, is used to provide users services they have chosen on this Web Site. We collect and use non-personal information such as demographic data to analyze and develop our marketing strategy and to determine how you found out about us, your interests regarding our services and how to further improve our Web Site based upon user data. We may share non-personal information with our partners and third parties.
We will not rent, sell or lease this personally identifiable information to other companies or individuals. This information may be gathered when you visit our site to: provide feedback for an online survey and to request information. When you provide such information to us we may use it to: deliver requested information, provide notices regarding goods or services that you may be interested in and to improve the content and general administration of the Site. Except where you tell us not to, we will keep the information for future consideration.
This privacy statement applies solely to information collected on this Web Site. This Web Site contains links to other web sites. Please be aware that Proactive Concepts has no control or influence over the privacy practices of such other web sites. We encourage our users to be aware when they leave the Web Site and to read the privacy statements of each and every web site they visit.
We take every reasonably available precaution to protect our users' information. All of our users' information, not just the sensitive information, is restricted in our offices. Only employees who need the information to perform a specific job are granted access to personal information. Furthermore, all employees are kept up-to-date on our security and privacy practices.