AGREEMENT BETWEEN YOU AND PRO IMAGE INSTALLERS, INC.
The Pro Image Installers FacilitatorWeb consists of job site information created, compiled and or transferred by Pro Image Installers, Inc., 1970 Highway 87, Suite 101, Navarre FL 32566 "ProImage”). These Terms of Use apply to the FacilitatorWeb and do not apply to the content of third parties offering services using the FacilitatorWeb. The FacilitatorWeb is offered to you conditioned on your acceptance without modification of the Terms of Use. Your use of the FacilitatorWeb constitutes your agreement to all provisions of these Terms of Use.
MODIFICATION OF THESE TERMS OF USE
ProImage reserves the right to change the Terms of Use under which the FacilitatorWeb is offered, including the right to add new terms. You are responsible for regularly reviewing the terms, conditions and notices of these Terms of Use, and any modified or additional terms, conditions or notices that may be included on or with any content available on the FacilitatorWeb Web Service. Your continued use of the FacilitatorWeb constitutes your agreement to all such terms, conditions and notices. SCOPE OF PERMITTED USE FacilitatorWeb is for your individual use, solely for internal use by you for your business, or for your own personal use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, sublicense, transfer, assign, rent, sell or otherwise convey any information, software, products or services obtained from the FacilitatorWeb without the prior written consent from ProImage. You may not disassemble, decompile or otherwise reverse engineer all or any portion of the FacilitatorWeb or the Content. You acknowledge that the FacilitatorWeb Web Service, including the Content, is subject to applicable export control laws and regulations of the United States. You agree not to export or re-export the FacilitatorWeb Web Service, including the Content, directly or indirectly, to any countries that are subject to U.S. export restrictions. LINKS TO THIRD PARTY SITES FacilitatorWeb may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of ProImage and ProImage is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ProImage is not responsible for webcasting or any other form of transmission received from any Linked Site nor is ProImage responsible if the Linked Site is not working appropriately. ProImage is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ProImage of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Any dealings with third parties (including advertisers) included within the FacilitatorWeb Web Service, or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. ProImage shall not be responsible or liable for any part of any such dealings or promotions. NO UNLAWFUL OR PROHIBITED USE As a condition of your permitted use of the FacilitatorWeb Web Service, you will not use the FacilitatorWeb for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the FacilitatorWeb in any manner that could damage, disable, overburden, or impair the FacilitatorWeb (or the network(s) connected to the FacilitatorWeb Web Service) or interfere with any other party's use and enjoyment of the FacilitatorWeb Web Service. You may not attempt to gain unauthorized access to the FacilitatorWeb Web Service, other accounts, computer systems or networks connected to the FacilitatorWeb Web Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the FacilitatorWeb by ProImage. LIABILITY DISCLAIMER THE INFORMATION, CONTENT AND SERVICES INCLUDED IN OR AVAILABLE THROUGH FACILITATORWEB MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO FACILITATORWEB AND TO THE INFORMATION THEREIN. PROIMAGE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN FACILITATORWEB AT ANY TIME, WITHOUT NOTICE. THE USER ASSUMES ALL RISK OF USE. PROIMAGE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, CONTENT, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN FACILITATORWEB FOR ANY PURPOSE. ALL SUCH INFORMATION, CONTENT, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PROIMAGE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, CONTENT, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT PROIMAGE SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH FACILITATORWEB WEB SERVICE. YOU SPECIFICALLY AGREE THAT PROIMAGE IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT PROIMAGE IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN FACILITATORWEB BY ANY THIRD PARTY. IN NO EVENT SHALL PROIMAGE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF FACILITATORWEB WEB SERVICE, WITH THE DELAY OR INABILITY TO USE FACILITATORWEB OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, CONTENT, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH FACILITATORWEB WEB SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF FACILITATORWEB WEB SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PROIMAGE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. GENERAL Proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. COPYRIGHT AND TRADEMARK NOTICES All contents that is made available or generated to view and/or download in connection with the FacilitatorWeb Web Service, including, without limitation, maps and directions ("Content") is owned by and is: Copyright (c) 2005 - 2006 Pro Image Installers, Inc. and/or its suppliers, 1970 Highway 87, Suite 101, Navarre FL 32566 U.S.A. and is protected by copyright laws and international treaty provisions. All rights reserved. Reproduction of any FacilitatorWeb content is strictly prohibited. Permission to use the FacilitatorWeb Web content and related graphics and other material is subject to these Terms of Use. TRADEMARKS ProImage, the FacilitatorWeb, FacilitatorWeb, and/or other ProImage products and services referenced herein may be either trademarks or registered trademarks of ProImage. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted in the FacilitatorWeb are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.