PRoTECHOS Terms of Service
PROTECHOS INC. (“PRoTECHOS” “we,” or “us”) provides the site available at
(“Site”) as a complimentary information service (the “Services”) offered by PRoTECHOS to
you as a Website user, with the express condition that you agree to be bound by
these terms and conditions (“Terms”). Do not use the Site if you do not agree to these Terms.
1. SITE ACCESS IS CONDITIONED UPON YOUR CONSENT TO TERMS.
Please read the Terms carefully. You understand and agree that the Terms set forth the legally
binding terms and conditions for your use of the Site and that the Services are made available and
provided to you under these Terms. By visiting, using or accessing the Site and/or the Services,
you agree to comply with and be bound by the Terms. If you do not agree with these Terms, you are
required to leave the Site and discontinue use of the Site and Services immediately. You
agree to review the Terms periodically to be aware of any modifications to the Terms, and your
continued access to or use of the Site and/or Services shall be deemed your acceptance of
the modified Terms. You agree that these standards for notice of changes are reasonable.
Access to the Site and Services is made available for your personal, internal, non-commercial use.
You may not frame the Site or Services, or make available, or facilitate distribution of the Site,
Services, or Content or Third-Party Content (each as defined below) through any means or medium
unless otherwise expressly approved in writing by PRoTECHOS.
2. YOUR RESPONSIBILITIES.
You must not use the Site or Services to: (a) violate any local, state, national or international law or regulation; (b) violate any third-party right, including any intellectual property or privacy right; (c) stalk, harass, threaten, or harm another individual; (d) collect or store personal data about other users without their express consent; (e) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity (including, but not limited to, a non-profit organization or PRoTECHOS); or (f) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, through the use of automated software or otherwise. You must not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Content, Site, or Services, use of the Content, Site, or Services, or access to the Content, Site, or Services. You may not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services or access the Site or Services in order to build a similar or competitive service. You may not introduce
software or automated agents to the Site or Services so as to produce multiple applications, generate automated searches, requests, and/or queries, or to strip, scrape, or mine data from the Site or Services. Without our prior written consent, you may not (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (b) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts or other automatic device) to access the Services or monitor or copy our web pages or the content contained thereon; or (c) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. All information that you provide to us will be true, accurate and current.
3. MODIFICATIONS TO TERMS.
4. MODIFICATIONS TO SERVICES. We reserve the right to modify or discontinue the Site or Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site or Services. If you object to any such changes, your sole recourse will be to cease using the Site and/or Services. Continued use of the Site and/or Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site and/or Services as so modified.
All content available on this Site, including, but not limited to, trademarks, photographs, images, characters, names, graphics, logos, illustrations, audio clips and video clips (collectively, “Content”), is protected by copyright, trademark and other rights that are owned and/or controlled by PRoTECHOS or by other parties that have licensed their material to us. You may use content from this Site for your own personal, non-commercial use only. You may not copy, reproduce, publish, upload, post, transmit or distribute any Content in any way without our express permission. We do not endorse nor are we responsible for the accuracy or reliability of any Content which was provided by third parties (“Third Party Content”) or the opinion, advice, information, or statement made on the Services by any user. We have the right, but not the obligation, to monitor and review the Third Party Content on the Services as well as your use of the Site and Services to determine compliance with these Terms and any other operating rules established by us, to satisfy any law, regulation or authorized government request, or for other purposes. You understand and acknowledge that we do not monitor Third Party Content for accuracy or reliability.
7. YOUR CONTENT; LICENSE; REPRESENTATION AND WARRANTY.
You are solely responsible for any information, comments, feedback, data, materials, photos or other content of any type or description that you provide or make available to us through or to the Site or Services (“Your Content”), and you acknowledge that we are a passive conduit for the distribution and publication of Your Content. You represent and warrant that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize PRoTECHOS to use and exploit, Your Content in all manners contemplated under these Terms. You further represent and warrant that Your Content (a) does not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) does not violate any law, statute, ordinance or regulation, including without limitation the laws and regulations governing export control; (c) is not defamatory or libelous or harassing or derogatory in any manner; (d) is not pornographic or obscene; (e) does not violate any laws regarding unfair competition, anti- discrimination or false advertising; (f) does not contain viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routine; and (g) conforms to these Terms. We reserve the right to remove Your Content if we believe Your Content violates these Terms or may otherwise cause damage to us or if you breach any of the foregoing representations or warrantees. You hereby grant to us a worldwide, perpetual, irrevocable and royalty-free license, sublicensable through multiple tiers of sublicensees, to use, reproduce, modify, distribute, display, perform, and create derivative works from Your Content in any media or through any means now known or not currently known for the purposes of providing and maintaining the Services. You acknowledge that some of Your Content will be publicly available for other users of the Site or Services to view, such as feedback and comments. You acknowledge and agree that you are solely responsible for Your Content.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Site or Services in a way that constitutes copyright infringement, please provide our designated Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed and an identification of the material on the Site or Services that you claim is infringing; (iii) a description of where the material that you claim is infringing is located on the Site or Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. In connection with our Site and Services, we have a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights. PRoTECHOS’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, PROTECHOS INC., P.O. Box 361470, San Juan, PR 00936-1470, Attn: Copyright Agent; and email: email@example.com. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorneys’ fees incurred by us in connection with the written notification and allegation of copyright infringement.
8. INTELLECTUAL PROPERTY.
You acknowledge that PROTECHOS and its licensors and suppliers owns all right, title and interest in and to the Services, including without limitation, the Site and Content, and all underlying software and technology, including without limitation all Intellectual Property Rights. The provision of the Site and Services does not transfer to you or any third party any rights, title, or interest in or to such Intellectual Property Rights. PRoTECHOS reserves all rights not granted in these Terms. If you provide us with any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby grant us an unlimited, worldwide, royalty-free, and irrevocable license to use, distribute, creative derivative works of, or otherwise exploit such Feedback in any manner. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) any interactions with other users of the Site or (ii) any activities sponsored by PRoTECHOS or arising from or related to your use of the Site or the Services. You agree that this release is made by you on behalf of
yourself and your spouse, children, heirs, assigns, estate, executors, administrators and representatives to the fullest extent allowed by applicable law. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
11. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND SITE ARE ALL PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PROTECHOS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. PROTECHOS MAKES NO WARRANTY THAT THE SERVICES OR SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES PROTECHOS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR SITE, OR THAT DEFECTS IN THE SERVICES OR SITE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. PROTECHOS MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SERVICES OR SITE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORT AND RESULTS TO BE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES IS WITH YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROTECHOS OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
12. LIMITATION OF LIABILITY.
YOU UNDERSTAND THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL PROTECHOS OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, APP, OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE, OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE. The aggregate liability of PRoTECHOS to you for all claims arising from or related to the Site or the Services or these Terms, regardless of whether such claims are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise, is limited to one hundred dollars ($100).
13. EXCLUSIONS AND LIMITATIONS.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and
disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
You agree to indemnify and hold harmless PRoTECHOS, its parents, subsidiaries, affiliates, officers, directors, co-branders, licensors, suppliers and other partners (including, but not limited to, third-party partners to whom PRoTECHOS may provide Your Content), employees, consultants and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that said parties may incur as a result of or arising from (1) Your Content and any information you (or anyone accessing the Services as you) submit, post or transmit through the Services, (2) your (or anyone accessing the Services as you) violation of these Terms or applicable law or regulation,
(3) your (or anyone accessing the Services as you) violation of any rights of any other person or entity (including, but not limited to, third party privacy rights), (4) any information or content we collect from third parties through the Site or Service at your request, (5) any viruses, trojan horses, worms, time bombs, cancelbots, spyware or other similar harmful or deleterious programming routines input by you into the Services, or (6) your access to or use of the Site or Services.
Certain of the names, logos, and other materials displayed in the Services constitute trademarks, tradenames, service marks or logos (“Marks”) of PRoTECHOS or other entities. You are not
authorized to use any such Marks. Ownership of all such Marks and the goodwill associated
therewith remains with us or those other entities.
16. COPYRIGHTS; RESTRICTIONS ON USE.
Our Content and Third Party Content, is (1) copyrighted by PRoTECHOS and/or its licensors under
United States and international copyright laws, (2) subject to other intellectual property and proprietary rights and laws, and (3) owned by PRoTECHOS or its licensors, and it may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, publicly performed, publicly displayed, or redistributed in any way without our prior written permission or the prior written permission of our applicable licensors. Notwithstanding the foregoing, one copy may be downloaded onto a single computer for (a) your personal, noncommercial use if you are a volunteer or (b) your archival purposes, if you are a nonprofit or public service organization. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Content.
The Terms constitute the entire and exclusive and final statement of the agreement between you and
us with respect to the subject matter hereof, and govern your use of the Services, superseding any
prior agreements or negotiations between you and us with respect to the subject matter hereof. Our
failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect. Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Website, and/or the provision of Content, services and/or technology on or through the Website is governed the laws and decisions of the Commonwealth of Puerto Rico applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of
action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect. These Terms cannot be modified, transferred or assigned by you without PRoTECHOS’s prior written consent. The Content and features on the Site are presented for the purpose of providing news and/or information and/or promoting programs, and other products and/or services that are or may become available in the United States, its territories and possessions.
Please report any violations of the Terms to firstname.lastname@example.org.
PRoTECHOS reserves the right to change these Terms of Service at any time, without
notice to you. Please consult the most recent version of these Terms of Service each time you view the Site.
[Updated January 24, 2019]