Terms of Service
Last updated: 5/30/2017
Your Compliance with this Agreement
You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to visit, use and/or submit information to the Site and/or Apps and use the Services.
The Site and Apps are Not Intended for Minors
This Site and the Apps are generally not intended for anyone under the age of 18. If you are under the age of 18, or if you are minor where you live, you only can use the Site, Services, Products and/or Apps in conjunction with, and under the supervision of, your parent or guardian, and you may use the login sites and Apps that provide access to the Services and Products only if you are under the supervision of your parent or guardian. If you are under the age of 18 or a minor and have reached this Site without such supervision, please leave the Site and/or log out of the App immediately. If you grant access or permit use of the Site, Services, Products and/or App to anyone under the age of 18, you (1) represent and warrant that you are the parent or guardian of such child, (2) take full and sole responsibility for the child's actions and use of the Software and (3) have authorized such child to enter into this Agreement.
Your Access and Use of the Site, Apps and/or Services
Your access and use of the Site, Apps and/or Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Site, Apps or Services or other actions that Prolitec, in its sole discretion, may elect to take. Prolitec reserves the right to suspend or discontinue the availability of the Site, Apps or Services and/or any portion or feature of the Site, Apps or Services at any time in its sole discretion and without prior notice.
You understand and agree that you have no ownership interest, monetary or otherwise, in any feature or content contained in the Site, Apps or Services, including without limitation, the Account registered to you, or any posted User Generated Content (defined below), without Prolitec's express written consent.
Additionally, you may not:
- Sublicense, lease, loan, or otherwise transfer your Account or use the Account, Site, Apps or Services for commercial purposes;
- Modify, adapt, reverse engineer or decompile the Site, Apps or Services software ("Software"), or otherwise attempt to derive source code from any Products
- Create any copies or derivative works regarding the Site, Apps, Software or the Services;
- Use maillist, listserv, an auto-responder or spam on the Site, Apps, Software or Services or any processes that run or are activated while you are not logged in to your Account, or that otherwise interfere with the proper working of the Site, Apps, Software or Services;
- Record, process or mine information about other users;
- Attempt to gain unauthorized access to the Site, Apps, Services, Accounts, Software, computer systems or networks connected to the same;
- Use the Site, Apps or Services to violate the security of any computer network, disrupt or interfere with the security of, or otherwise cause harm to the Site, Apps Software or Services;
- Crawl, scrape, index or spider any page or portion of the Site, Apps, Software or Services; or
- Otherwise use the Account, Site, Apps, Software or the Services except as expressly provided in this Agreement.
To use most of the Apps and/or select Services offered under this Agreement, you must purchase a Product and register for a user account (a "User Account") on the Site. In order to purchase a Product, you must create a purchasing account ("Purchasing Account") (together with User Accounts, "Accounts") or checkout as a guest. Accounts are available only to adult individuals 18 years of age or older and have the necessary power and authority to enter in this Agreement. By accepting the terms of this Agreement, you represent that you are an adult 18 years of age or older and have the necessary power and authority to enter in this Agreement. Prolitec offers two types of User Accounts, both of which are included in the definition of "Account":
An "Administrator Account" is an Account for Organizations, or individuals 18 years of age or older. Upon purchase of a Product for a Fee (defined below), Prolitec will send Access Credentials (defined below) to the email address of the purchaser, or, in the case of Organizations, the administrator or other authorized representative of the Organization (collectively "Administrator"). The Access Credentials will allow the Administrator to create an Administrator Account and access the Product. An Administrator Account makes available other additional Services. An Administrator Account also makes available the ability to give access to a purchased Product through a User Account (defined below) to an individual by, for example, creating User Accounts for each such individual (collectively "Administrator Services"). The total number of User Accounts which have been granted access to a purchased Product at a given time cannot exceed the total number of licenses purchased for a Product. User Account access to a purchased Product can be granted, revoked and reassigned through the Administrator Account at any time. You agree to accept full responsibility of all obligations under this Agreement for the actions of any user of a User Account authorized or created by you ("Authorized Accounts").
A "User Account" is an Account for an individual who desires to use the Apps and/or Services for his/her personal use. A User Account allows access to and use of the purchased Product ("User Services").
The term "Account" as used herein shall include your Account and all Authorized Accounts. Prolitec may suspend, terminate, modify, or delete any Account at any time for any reason, with or without notice to you. Most Account suspensions, terminations, and/or deletions are the result of violations of this Agreement or are a result of an abandoned Account.
Your Access and Use of Services on the Site
You Must Maintain the Security of Any Access Credentials Issued to You. To use the Apps and/or select Services offered under this Agreement, you must register for an Account on the Site. If you create an Account on the Site, you will be asked to create a password and a user name upon completing the registration process ("Access Credentials"), although for some Accounts, a user name and/or password may be provided, e.g. Administrator Accounts. It is solely your responsibility to maintain the security of your Access Credentials. You agree that Prolitec shall not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your Access Credentials by a third party. You shall not allow any other person to use any Service or the Apps via your Access Credentials. You agree to ensure that you exit from your Account at the end of each session.
You Must Notify Prolitec of a Breach. You agree to immediately notify Prolitec of any unauthorized use of your Access Credentials, any unauthorized use of any Account that you may have with Prolitec, any violation of this Agreement, or any other breach of security known to you in connection with any Product or Service available on the Site or Apps by sending an email to email@example.com. Prolitec has the right to suspend or terminate your Account and refuse your use of the Apps, Software and/or Services for any reason, including for violations of this or any other agreement with Prolitec.
You Are Responsible for Your Decisions. Prolitec and its affiliates, through the Site, Apps and/or Services, may provide a venue through which you can obtain information and you can find third-party service providers ("Service Providers"). Prolitec does not endorse or recommend the products or services of any Service Provider and is not an agent or advisor to you or any Service Provider. Prolitec does not validate or investigate the licensing, certification or other requirements and qualifications of Service Providers. It is your responsibility to investigate Service Providers. You acknowledge and agree that Service Providers are solely responsible for any services that they may provide to you and that Prolitec shall not be liable for any losses, costs, damages or claims in connection with, arising from or related to your use of a Service Provider's products or services. You acknowledge and agree that you rely on your own judgment in selecting any products or services offered by Service Providers.
No Guarantee of Quotes, Fees, Terms, Rates, Coverage or Services. Prolitec does not make any warranties or representations regarding any pricing, quotes, fees, terms, rates, discounts, specials, coverage or services offered or made available through the Site, Apps or Services or by Service Providers.
Fees and Payments
Access to and use of select areas of the Site, Services and Apps, is free for all users. User Accounts are free to the user of the User Account, as long as an Administrator Account has purchased access to a Product. Administrator Account holders agree to pay to Prolitec a license fee as identified when you purchased a Product on the Site, in a catalog or through sales personnel ("Fees") in consideration for access to and use of the purchased Product and Administrator Services. Fees may be imposed or adjusted by Prolitec in its sole discretion. Administrator Account holders agree to pay the Fee in advance of receiving any of the Administrator Services. If the Fee is a reoccurring license fee, the Administrator Account holder agrees that Prolitec may automatically charge the Fee at the beginning of each period, for example, at the beginning of each year. If you fail to pay any Fees or other charges, for example, if your method of payment is rejected, Prolitec may (reserving other legal remedies and rights) terminate this Agreement and your Account without further notice. All payment of Fees or other charges are final and nonrefundable, except as permitted by Prolitec, in its sole discretion and as required by law. For example, in some cases, electronic Products may be returned within sixty (60) days of purchase.
At any time, Prolitec may choose to charge or change fees for access to the Site, Apps and/or Services, and Prolitec will notify you of those charges at the time that Prolitec offers the same for a fee. Prolitec may, in its sole discretion, and by notifying you on the Site or Apps or through the Services, of such a change to this policy and begin charging for access to the Site, Apps and/or Services, and Prolitec may, in its sole discretion, add, remove or change the features and Services Prolitec offers or the fees (including the amount and type of fees) Prolitec charges at any time. If Prolitec introduces a new service or charges a new fee, Prolitec will post a reasonable notification of the fees for that service at the launch of the service or the start of charging a new fee. Upon the posting of such a notification, you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable Site, Apps and/or Services.
Financial Transactions on the Account
You acknowledge and agree that Prolitec is authorized, but not required, to act on payment instructions received from anyone using your Account. You authorize Prolitec to (a) initiate debits or charges against your financial account or credit card periodically for the amount then due for purchases made and Fees or other charges due (if any); and (b) initiate any other debits or credits authorized by you or anyone using the Account registered to you. All payments must be made in U.S. dollars from a U.S. bank or via alternative payment methods made available by Prolitec. You acknowledge that transactions may be facilitated by a third party payment processor (the "Processor"), and agree that Prolitec may share your information, including information about your financial accounts, with the Processor, for this purpose. All amounts paid are final and non-refundable, except where and to the extent required by law. All fees, balances or other charges not paid by you within thirty (30) days from the date of purchase are subject to interest charges. You are responsible for paying all taxes on any purchase, Fees or other charges. If Prolitec is obligated to collect any taxes, such taxes will be charged to and deducted from your Account as appropriate.
Transmissions, Submissions and Postings to the Site
You and/or the Account holders and users to which you have granted access to a purchased Product, for example a user through the User Account created and assigned by an Administrator Account, may be able to post user-generated content, such as comments, answers or reviews ("User Generated Content") in the Site, Apps, or Services.
The user of the Account posting such User Generated Content will remain the owner of the User Generated Content. You are responsible for the User Generated Content you have posted and for all User Generated Content that is posted from any Authorized Accounts.
For example, an Organization is responsible for any User Generated Content posted from the Organization's Administrator Account, or a User Account authorized, created or assigned by the Organization's Administrator Account.
For all User Generated Content, you represent and warrant that (i) the poster has the right to post the User Generated Content, (ii) neither Prolitec's nor any third party's rights, laws, statutes, ordinances or regulations, e.g. COPPA, FERPA, CalOPPA, etc., will be violated by such posting, (iii) you are not being compensated for the posting; and (iv) the User Generated Content (a) is not harmful, trade libelous, fraudulent, threatening, abusive, harassing, defamatory, pornographic, obscene, explicit or vulgar, libelous, or otherwise injurious, objectionable or offensive or that infringes on Prolitec's or any third party's rights of publicity or privacy, (b) does not make the security of your Account, the Site, Apps, Software and/or Services vulnerable in any way, (c) does not contain any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots, ransomware, malware, or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, (f) does not contain or constitute chain letters, mass mailings, political campaigning, or any form of "spam," (g) does not contain information that is false, inaccurate or misleading and (h) does not include or constitute commercial advertisements or solicitations. You acknowledge that Prolitec and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any User Generated Content or material that is available through the Site, Apps, Software and/or Services.
By posting User Generated Content, you grant Prolitec an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, edit, translate, excerpt (in whole or in part) and distribute such User Generated Content for any purpose, commercial, advertising, or otherwise, on or in connection with Prolitec, the Site, Apps, and Services, or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Generated Content, and to grant and authorize sublicenses of the foregoing. You also hereby grant each User of an Account, Site, App, and/or Service a worldwide, non-exclusive, fully paid, royalty free, worldwide license to use, copy, publicly perform, publicly display, host, reformat, edit, translate, excerpt (in whole or in part) any User Generated Content submitted by you during each such User's use of the Account, Site, Apps, and/or Services.
Although Prolitec does not regularly review transmissions, submissions or postings, Prolitec reserves the right (but not the obligation) to review, edit, refuse to post or remove User Generated Content.
You are solely responsible for all your transmissions, submissions or postings (e.g., User Generated Content) and the consequences of transmitting, submitting or posting them.
You irrevocably waive any and all claims and assertions of moral rights or attribution with respect to User Generated Content as against Prolitec.
Prolitec's Intellectual Property Rights
Except your User Generated Content, to the extent any exists, the content in the Site, Apps, Software and Services, including without limitation, the trademarks, copyrights, text, software, graphics, scripts, photos, music, videos, and the like ("Content"), is owned by or licensed to Prolitec and is subject to trademark, copyright and other intellectual property laws of the United States and foreign countries. Content in the Site, Apps, Software and Services is provided for your personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Prolitec, which permission may be withheld in Prolitec's sole discretion. Prolitec reserves all rights not expressly granted in and to the Site, Apps, Software, Services and Content. Prolitec makes no claim to any third-party names, trademarks or service marks appearing on the Site or Apps or through the Services. Any third-party names, trademarks, and service marks are property of their respective owners.
You shall be solely responsible for any damage resulting from your or an Authorized Account's infringement of Prolitec's or any third party's intellectual property rights regarding the Content and/or any other harm incurred by Prolitec or its affiliates as a direct or indirect result of your or an Authorized Account's copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
Your Use of the Content
Prolitec grants you a limited, non-exclusive, non-transferable, non-sublicensable license to make personal use of the Content; provided, however, that you shall not delete any proprietary notices. You may not modify the Content or utilize it for any commercial purpose or any other public display, distribution, performance, sale, or rental, and may not decompile, reverse engineer, or disassemble the Content, or transfer or distribute the Content to another person or entity except as expressly provided by this Agreement for Administrator Accounts.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than as expressly permitted by this Agreement, is permitted by you without the express prior written permission of Prolitec, which permission may be withheld in Prolitec's sole discretion.
You may not use any metatags or any other "hidden text" utilizing Prolitec's name or trademarks without the express written permission of Prolitec, which permission may be withheld in Prolitec's sole discretion.
Your Use of the User Generated Content
You agree to only use so much of the User Generated Content or portions thereof, other than your own, as is necessary to utilize the Apps and/or Services for their intended purposes.
Access and Interference
You agree that neither you nor any user of an Authorized Account will use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Site or Apps or any portion of the Site or Apps or for any other purpose, without Prolitec's express written permission which may be withheld in Prolitec's sole discretion. Additionally, you agree that neither you nor any user of an Authorized Account will: (i) take any action that imposes, or may impose in Prolitec's sole discretion an unreasonable or disproportionately large load on Prolitec's infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any Content (except for your personal information) from the Site, Apps or Services without the prior written permission of Prolitec and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site, Apps, Software or Services or any activities conducted on the same; or (iv) bypass any robot exclusion headers or other measures Prolitec may use to prevent or restrict access to the Site, Apps or Services. Notwithstanding the foregoing, Prolitec grants the operators of public search engines permission to use spiders to copy materials from the Site, Apps or Services for the sole purpose and solely to the extent necessary for creating publicly available search indices of the materials on the Site, Apps or Services, but not caches or archives of such materials. Prolitec reserves the right to revoke these exceptions either generally or in specific cases. You shall not collect or harvest any personally identifiable information, including account names, from the Site, Apps or Services. You shall not (i) use any communication systems provided on the Site or Apps or through the Services (such as Forums or email) for any commercial or solicitation purposes or (ii) solicit for commercial purposes any users of the Site, Apps or Service without Prolitec's express, written permission, which permission may be withheld in Prolitec's sole discretion.
When you visit the Site or Apps, use the Services or send email to Prolitec, you are communicating with Prolitec electronically. You consent to receive communications from Prolitec, its affiliates and partners electronically and via any e-mail address you provide to Prolitec, or via any text message system or other similar means or through the Site, Apps or Services for any purposes. Although Prolitec may choose to communicate with you by regular mail, Prolitec may also choose to communicate with you by e-mail or by posting notices on the Site or Apps or through the Services. You agree that all agreements, notices, disclosures and other communications that Prolitec provides to you electronically satisfy any legal requirement that such communications be in writing. You also agree to accept such messages and agree that you are responsible for any applicable network access, data usage or similar fees necessary for you to receive any such communications.
Your Responsibility for Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment, software (including a web browser) or services needed to access and use the Site, Apps and/or Services and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of the Site or Apps. Prolitec will endeavor to make the Site, Apps, and Services accessible on the most common web browsers and the current version of such web browsers and some common devices, but makes no representations or warranties on the same.
Third Party Links
There may be provided on the Site or Apps, or through the Service, links to other sites belonging to Prolitec's advertisers, business partners, affiliates, Service Providers and other third parties. Such links do not constitute an endorsement by Prolitec of those sites, nor the products or services listed on those sites.
Prolitec is not responsible for the activities or policies of those sites. Prolitec does not endorse or recommend the products of any particular advertiser, business partner, affiliate or other third party. Prolitec does not guarantee that the terms or rates offered by any particular advertiser, business partner, affiliate, Service Provider or other third party on the Site or Apps are the best terms or lowest rates available in the market.
If Prolitec provides aspects of the Site, Apps or Services via an application for your mobile or other device, you agree and understand that your carrier's normal rates and fees may apply and that the terms of this Agreement and other agreements within the Apps apply to your use of such mobile application.
Products and Prices
The price and availability of any Products contained or referenced on the Site is subject to change at any time and without notice by Prolitec.
Purchase Related Policies & Fraud Protection
The Products you purchase or otherwise receive from Prolitec are for your use only. You may not sell or resell any of the Products that you purchase or otherwise receive from Prolitec. The purchase of any Product from an unauthorized party or the resale of any Product will nullify any Product warranty or other responsibility on the part of Prolitec. Prolitec reserves the right, without notice, to cancel any Product order using the Site for any reason or no reason, including, without limitation, cancellation or reduction in the quantity of any orders that Prolitec believes, in its sole discretion, are fraudulently made, involve parallel importing, or may otherwise result in the violation of these Terms and Conditions. Without limiting the foregoing, Prolitec reserves the right to refuse to process any Product order due to suspected fraud, unauthorized or illegal activity. If such is the case, Prolitec may reject your order, our customer service department may call you at the phone number you provided to confirm your order or we may take such additional precautionary actions as we deem appropriate. Prolitec also reserves the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud, unauthorized or illegal activity. Prolitec reserves the right to cancel any order using any promotion or promotional code, at our sole discretion. If any order cancellation occurs you will be credited in full for the cancelled order(s). Prolitec takes these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
Accuracy of Information
Prolitec endeavors to be as accurate as possible when describing the Products on the Site; however, to the extent permitted by applicable law, Prolitec does not warrant that the Product descriptions, colors or other content available on the Website are accurate, complete, reliable, current, or error-free. Prolitec is not responsible for any typographical errors, which specifically includes errors relating to the price or size of a Product.
Prolitec operates from within the USA - if you purchase Products from a location outside of the USA, you are responsible for compliance with all local laws, statutes, ordinances, rules and regulations.
Prolitec respects the intellectual property rights of others. It is Prolitec's policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws.
When reporting infringing material to Prolitec ("DMCA Notice"), you agree to provide:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Prolitec to locate the material;
- information reasonably sufficient to permit Prolitec to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receiving a complete DMCA Notice, Prolitec will:
- take reasonable steps promptly to remove or disable access to the allegedly infringing material;
- take reasonable steps promptly to notify the Account holder that Prolitec has removed or disabled access to the allegedly infringing material;
- upon receipt of a counter notification described below, promptly provide the person who provided the notification with a copy of the counter notification, and inform that person that Prolitec will replace the removed material or cease disabling access to it in 10 business days; and
- replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless Prolitec's designated agent (identified below) first receives notice from the person who submitted the notification that such person has filed an action seeking a court order to restrain the Account holder from engaging in infringing activity relating to the material on Prolitec Site, Apps or through the Services.
A counter notification must include:
- a physical or electronic signature of the Account holder;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement under penalty of perjury that the Account holder has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- the Account holder's name, address, and telephone number, and a statement that the Account holder consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Account holder's address is outside of the United States, for any judicial district in which Prolitec may be found, and that the Account holder will accept service of process from the person who provided notification or an agent of such person.
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512(c)(2)), Prolitec's designated agent to receive notices and counter notices of claimed infringement is:
Godfrey & Kahn SC
833 East Michigan Street
Milwaukee, WI 53202 - 5615,
United States of America
TEL 414 273 3500
FAX 414 273 5198
Email address: firstname.lastname@example.org
If you wish report infringing materials other than for copyright infringement, please provide as much of the above information as possible. Although we reserve the right to remove any infringing material that we believe in good faith to be infringing material that is used without authorization by any Account holder or user or other user of the Prolitec Site, Apps and/or Services, Prolitec does not obligate itself to do so except in accordance with the Digital Millennium Copyright Act. We also reserve the right to suspend or delete the Account of any repeat offender.
This Agreement is effective until terminated. You may terminate this Agreement by deactivating your Account and all Authorized Accounts, stopping all use of the Site, Apps and/or Services and providing notice of termination to email@example.com In the event that you terminate or breach this Agreement, you will forfeit your right to any and all Fees, purchases and other payments made in connection with the Site, Apps, and Services and all Accounts and Authorized Accounts will terminate. Prolitec may terminate this Agreement with or without notice by deactivating the Account and/or Authorized Accounts and/or deleting or dissociating any User Generated Content. By way of example only, Prolitec may deactivate and/or terminate abandoned Accounts or Accounts which appear to be abandoned such as due to non-use for period of time. A termination of this Agreement will also act to terminate your Account and Authorized Accounts. You acknowledge and agree that you are not entitled to any refund for any amounts paid or pre-paid in connection with the Account or Authorized Accounts prior to termination of this Agreement.
Patches and Updates
Prolitec may apply patches, updates and modifications to its Site, Apps, and/or Services at any time (each an "Update"), and features may change after the application of an Update. Prolitec may change, modify, suspend, or discontinue any aspect of any feature or Service at any time. Prolitec may also impose limits on certain features or restrict your access to parts or all of the Site, Apps, Software and/or Services without notice or liability. Prolitec makes no representation that a feature, the Site, Apps, Software and/or Services will work on a particular web browser, version of a web browser or device.
Prolitec Makes No Representations or Warranties Regarding the Content
THIS SERVICE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN OR PROVIDED THROUGH IT, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DELAYS, ERRORS AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SERVICE, THE SITE, APPS, SERVICES, SOFTWARE AND THE INFORMATION RECEIVED THROUGH THEM. FURTHER, PROLITEC MAKES NO REPRESENTATIONS WHATSOEVER ABOUT OTHER WEBSITES WHICH YOU MAY ACCESS THROUGH THE SITE, APPS OR THE CONTENT, SERVICES OR PRODUCTS CONTAINED THEREIN OR OBTAINED THERE THROUGH.
PROLITEC FURTHER DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, (1) REGARDING THE QUALITY, VALIDITY, CORRECTNESS, ACCURACY OR COMPLETENESS OF THE CONTENT, SERVICES, PRODUCTS AND MATERIALS ASSOCIATED WITH THE SITE, APPS OR SERVICES, (2) THAT THE FUNCTIONS CONTAINED ON THE SERVICES, SITE, AND/OR APPS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS OR INACCURACIES WILL BE CORRECTED, OR (3) REGARDING THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE OR APPS. PROLITEC MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM THE SITE OR APPS OR THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS, RANSOMWARE, MALWARE, OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. PROLITEC DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY QUOTES, OFFERS, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE SITE OR APPS.
PROLITEC MAY MAKE CHANGES TO THE CONTENT OR MATERIALS, OR TO THE PRODUCTS, SERVICES, SPECIFICATIONS OR PRICES DESCRIBED IN THEM, AT ANY TIME WITHOUT NOTICE. THE CONTENT AND MATERIALS MAY BE OUT OF DATE, AND PROLITEC MAKES NO COMMITMENT TO UPDATE THE CONTENT OR MATERIALS AT ITS SERVICES, SITE, AND/OR APPS OR TO MAKE ANY NOTIFICATION OF CHANGES. INFORMATION PUBLISHED AT THE SITE OR IN CONNECTION WITH THE SERVICES AND/OR APPS MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE. YOU HEREBY RELEASE PROLITEC FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO A DISPUTE BETWEEN YOU AND ANOTHER ACCOUNT HOLDER OR USER.
CALIFORNIA RESIDENTS SHALL AND HEREBY DO WAIVE CALIFORNIA CIVIL CODE 1542, WHICH PROVIDES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
THE SITE OR APPS IS CONTROLLED AND OFFERED BY PROLITEC FROM PROLITEC'S FACILITIES IN THE UNITED STATES OF AMERICA. PROLITEC MAKES NO REPRESENTATIONS THAT THE SITE OR APPS IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER JURISDICTIONS. IF YOU ACCESS OR USE THE SITE OR APPS FROM OTHER JURISDICTIONS, THEN YOU DO SO BY YOUR OWN VOLITION AND ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
Limitations on Prolitec's Liability
PROLITEC SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, SITE, AND/OR APPS OR ANY INFORMATION RECEIVED FROM THE SAME, INCLUDING THE CONTENT OR ANY INFORMATION CONTAINED WITHIN OR THROUGH THE SERVICES, SITE, AND/OR APPS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF THE SITE, APPS OR SERVICES; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE THE SITE, APPS OR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF THE CONTENT OR THE COLLECTIVE WORK, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, APPS OR SERVICES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PROLITEC AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES, SITE, AND/OR APPS IS TO TERMINATE YOUR ACCOUNT AND/OR STOP USING THE SITE, SERVICE, APPS AND THE INFORMATION OBTAINED THEREIN. NOTWITHSTANDING THE ABOVE, PROLITEC'S LIABILITY AND THE LIABILITY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100.
YOU SPECIFICALLY ACKNOWLEDGE THAT PROLITEC SHALL NOT BE LIABLE FOR USER GENERATED CONTENT, AUTHORIZED USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT, AUTHORIZED USER GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.
YOU AND PROLITEC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, APPS OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
Your Indemnification & Release of Prolitec
You shall defend, indemnify and hold harmless Prolitec and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys' fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you or an Authorized Account; (ii) your or an Authorized Account's failure to provide accurate, complete and current Registration Data requested or required by Prolitec; (iii) your or an Authorized Account's access or use of the Site, Apps or use of the Services; (iv) access or use of the Site, Apps or use of the Services under any Access Credentials that may be issued to you or an Authorized Account; (v) your or an Authorized Account's transmissions, submissions or postings (e.g., your own User Generated Content); (vi) your or an Authorized Account's purchase of any products or services through this Site, the Apps or Services; and/or (vii) any personal injury or property damage caused by you or an Authorized Account. Upon learning of any claim, action or proceeding, Prolitec will undertake to promptly notify you. Prolitec reserves the right to take over the exclusive defense and control of any matter for which you would be required to indemnify Prolitec and you agree to cooperate with such defense. You agree not to settle any such matter without the prior written consent of Prolitec.
You release Prolitec (and its officers, agents, directors, subsidiaries, and employees) from claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way related with any dispute between you or an Authorized Account and one or more users.
Amendments of this Agreement
Prolitec reserves the right to update, amend and/or change this Agreement at any time in its sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon Prolitec posting the updated Agreement on the Site or Apps or through the Services. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately above this Agreement. Your continued access or use of the Site, Apps or Services following the posting of any such changes shall automatically be deemed your acceptance of all changes. If you do not agree to the revised version of this Agreement, you will not be permitted to continue use of your Account or the Site, Apps and Services. If at any time you become no longer able to comply with the terms of the then-current version of this Agreement, you must terminate this Agreement and immediately stop using all Accounts as well as the Site, Apps and Services. You acknowledge and agree that you are not entitled to any refund for any amounts paid or pre-paid in connection with the Account prior to termination of this Agreement.
You acknowledge that Prolitec may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you or an Authorized Account, Prolitec shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach may be brought where you reside or in the courts of Milwaukee County, Wisconsin, or the United States District Court, Eastern District of Wisconsin. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
You agree that: (i) the Site, Apps and Services shall be deemed solely based in the State of Wisconsin; and (ii) the Site shall be deemed a passive site and the Apps a passive application that does not give rise to personal jurisdiction over Prolitec, its affiliates and assigns, either specific or general, in jurisdictions other than the State of Wisconsin. This Agreement and the relationship between you and Prolitec is to be governed by and construed in accordance with the internal laws of the State of Wisconsin, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided above, shall be brought in the courts of Milwaukee County, Wisconsin, or the United States District Court, Eastern District of Wisconsin and you agree to the exclusive jurisdiction and forum of the same. Prolitec's failure to enforce any right or provision of this Agreement does not constitute a waiver of that right or provision.
Copyright © 2011-2018, Prolitec Inc. All rights reserved. All trademarks, logos, and service marks ("Marks") displayed on the Services are the property of Prolitec or their respective holders. You are not permitted to use any of the Marks without the applicable prior written consent of Prolitec or such respective holders. Prolitec reserves the right to alter product and services offerings, specifications, and pricing at any time without notice, and is not responsible for typographical or graphical errors that may appear in this or in related documents.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
The headings appearing in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
All covenants, agreements, representations and warranties made in this Agreement that by their nature should survive, as may be amended by Prolitec from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.
If you have questions, comments, concerns or feedback regarding this Agreement or the Site, Apps or Services, please contact Prolitec via any of the methods set forth below:
|Via telephone:||(414) 615-4600|
|Via fax:||(414) 615-4630|
1235 Canal Street
Milwaukee, WI 53233, United States of America
At Prolitec, your privacy is an important matter
This Privacy Statement for the Prolitec Aera System and Services ("Privacy Statement") describes information that Prolitec, Inc. and its subsidiaries and affiliates (collectively, "Prolitec") collect, use, share, and store, including personal information (i.e., information that personally identifies you, such as your name, email address or billing information, or other data that can be reasonably used to infer this information).
This document focuses on information related to the operation of any Prolitec Aera devices, fragrance capsules, related products and services (collectively, "Aera System"). In this Privacy Statement, the expression "Aera System" also includes our Apps as defined in our Terms of Service and any subscription services we may offer.
- Be transparent about the different types of information we collect and how we use them.
- Ask your permission before sharing your personal information with third parties for purposes other than at your request or to provide the Aera System, and to do so only when we think they will provide you with a welcome additional service.
- Use best-in-class data security tools to keep your data safe and protect the Aera System from unauthorized access.
Consent to data collection and processing. By using the Aera System, you agree to allow us to collect and process information as described in this Privacy Statement.
Consent to data export. Your personal information may be collected, processed and stored by Prolitec or its service providers in the United States and other countries where our servers reside. Please be aware that, if you are not in the United States, the privacy protections and legal requirements, including the rights of authorities to access your personal information, in some of these countries may not be equivalent to those in your country. If you are using the Aera System in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, you consent to the transfer of your personal data to the United States and other countries where Prolitec operates.What information does the Aera System collect?
The Aera System collects:
- Setup information you provide
- Data about the fragrance capsules used in the device
- Data about fragrance consumption
- Technical information from the device
- Direct adjustments to the device
Setup information you provide: When you install an Aera Product with the Aera App, you will be asked several questions the answers to which will govern the operation of the Aera app and the device. You will be asked if the device will be used in a business or a home and for your address or zip code and your email address.
Data about the capsules used in the device: The device will be able to identify the capsule installed in the device, including the fragrance in the device, the initial fragrance volume, empty capsule weight, consumption rate, amount of fragrance remaining, serial number, density (based on fragrance), output, and initial capsule loaded weight.
Direct adjustments to the device: If you change settings on the Aera device, it will record and feed that information to the Aera algorithms to predict the scent intensity levels you prefer in different rooms at different times to learn your desired scent intensity level in different rooms and situations.
Technical information from the device: In order to keep the software updated in the Aera device, to understand how the device is used and help troubleshoot any problem you may encounter, we record your Aera Product model and serial number, software version, and technical information.
What information is shared among multiple connected Aera Systems?
If you have multiple Aera devices to serve different spaces or to provide instant scent change in a single space the devices will share certain information (such as intensity settings and scheduling information) with each other and with your mobile device such as the smartphone app.
How does my Aera System or account interact with third parties?
- If I connect third-party to the Aera System will information be shared? When you choose to connect third-party products and services through Aera Apps, you are shown details about any proposed exchange(s) of data between Prolitec and the third party that is providing the product or service. In some cases, Prolitec or the third party will instead (or also) ask for permission to control the products that you have connected. Your explicit consent is required to allow any of these exchanges or requests for control and you will be able to revoke it at any time.
- Is information shared with or received from third parties, outside of the Aera program? Prolitec may share information with third parties with your permission.
Additional information about the limited circumstances in which information from your Prolitec account may be shared with third parties is described below in the section titled "In what circumstances does Prolitec share my information?".
Any data that Prolitec receives from third-parties will be processed and stored by Prolitec and will be treated in accordance with this Privacy Statement. This information may be processed in the same ways as any other data that is a part of your Prolitec account or any Prolitec data logs that may exist or be kept.What additional information does Prolitec collect and store when a user connects an Aera Product to the Internet or creates an account?
Wi-Fi Network Information: To connect your Aera Device to our Services, or to access your Aera Device over the Internet from a computer, a smartphone or a tablet, you will need to connect it to your Wi-Fi network. During setup, the Aera Product will ask for your Wi-Fi network name (SSID) and password to connect to the Internet. It will save this information on the device, along with your IP address, so that you can access it and control it from your computer, smartphone or tablet, and so that it can communicate with Prolitec servers and download software updates.
Once connected to your Wi-Fi network, your Aera System regularly sends the data described in this Privacy Statement (but not your Wi-Fi password) to Prolitec to provide you with the Services.
Additional Authorized Users: Prolitec may provide you with the ability to enable additional authorized users to access your account. If you do so, the additional authorized users may control and view all of your devices, content, and any connections to any other Aera devices. Invited users may also add additional authorized users to your account, so be careful to add only those users you trust. An invited user must have or create a Prolitec account, and information about invited users (like email address, name, or changes to product settings) will be stored with your account.
Email Addresses: When you create a Prolitec account, we collect and store your email address. From that point forward, your email address is used for communications from Prolitec. In addition, Prolitec may provide you with the ability to enable individuals to access your account as additional authorized users, or to invite other individuals such as friends or family to share access to any content you may create on the Prolitec Aera web site. We will ask you for the email address of any such individuals and automatically send an email invitation on your behalf. Prolitec stores this information to send this email, to register your friend if your invitation is accepted, and to track the success of our invitation services.
Basic Profile Information: Your account allows you to provide certain basic profile information like your name and profile photo. Names and profile photos may be shown to others in connection with the Services. For example, if you invite someone as an additional authorized user, he or she will be able to see your name and photo. You should only use photos you are willing to make public.
We use this information to provide, develop and improve the Aera System and other Prolitec products. We may use your contact details to send you this information, or to ask you to participate in surveys about your use of the Aera System and to send you other communications from Prolitec.
We may also use this information in an aggregated, non-identified form for research purposes and to help us make sales, marketing, and business decisions. For example, we may use aggregated user information about usage, fragrances, geography and demography to help us decide the type of fragrances we should create and offer you.
We may use service providers to perform some of these functions. Those service providers are restricted from sharing your information for any other purpose.
We use industry-standard methods to keep this information safe and secure while it is transmitted over your home network and through the Internet to our servers. Depending on your location and type of data, Prolitec may process your personal information on servers that are not in your home country.In what circumstances does Prolitec share my information?
Under no circumstance do we share personal information for any commercial or marketing purpose unrelated to the activation, use and delivery of the Aera system and services without asking you first. We do not rent or sell our customer lists. The following are the limited situations where we may share personal information:
- With your explicit consent: We may share personal information when we have your consent. One example of this would be if you invite another user to access the Aera System on your account as an additional authorized user. Another example is if you sign up for programs offered by our partners and if you do this, we may share certain information with the partner. This could include things like your enrollment information and the activation status of your device. Similarly, when you connect third-party devices and services to your Aera System you are shown information about any proposed exchange of data. Your explicit consent is required to allow these exchanges on your behalf and you can change your mind at any time.
- For external processing: We have vendors, service providers, and technicians who help with some of our processing and storage, including helping to answer your questions. They may also assist with monitoring our servers for technical problems.
These technicians (as well as Prolitec employees) can access certain information about you or your account in line with this work. But these technicians are not allowed to use this data for non-Prolitec purposes.
- As part of business transitions: Upon the sale or transfer of the company and/or all or part of its assets, your personal information may be among the items sold or transferred. We will request a purchaser to treat our data under the privacy statement in place at the time of its collection.
- For legal reasons: We may provide information to a third party if we believe in good faith that we are required to do so for legal reasons. For example, we may provide information to a third party to respond to legal process, or comply with state and federal laws within the United States, or the applicable laws of other countries.
We may share non-personal information (for example, aggregated or anonymized customer data) publicly and with our partners. For example, we may publish trends about fragrance preferences and usage.
If you select an outside party for the purchase, installation, or service of your Aera System and share your personal information, we cannot control the collection, storage or sharing of information collected by that party. For example, if you buy your Aera System from a retailer, the retailer may collect personal information as part of the transaction. Or the party from whom you gain assistance to install your Aera system may retain information that you provided to them to assist them in setting up the device. Always read carefully the privacy policies of any company that collects your personal information.How long does Prolitec save my personal information and how can I delete it?
Prolitec generally stores your personal information on Prolitec servers until you delete or edit it, or for as long as you remain a Prolitec customer, in order to provide you with quality Aera products and services.
As described above, some information is processed and stored directly on the Aera System. All personal information is encrypted as it is transmitted to Prolitec and cannot easily be accessed.
You can delete the information on the Aera System by resetting it to the defaults (using Reset in the Settings menu).
You can access, amend or delete your personal information from Prolitec's servers through the controls in your account. Because of the way we maintain certain Services, after your information is deleted, backup copies may linger for some time, and may not be deleted. We may retain certain data for a longer period of time if we are required to do so for legal reasons.
Please note that this Privacy Statement may change from time to time. We will provide notice of any changes on the website or by contacting you.
If you have any questions, please contact us at firstname.lastname@example.org