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Terms of use

1. SCOPE OF AGREEMENT

This Terms of Use Agreement (“Agreement”) by and between Procifics Consulting Inc. (“we”, “us”, “our” or “Procifics”) and you (“you” , “your” or “User”) governs your use of the www.Procifics.com web site (“Site”) together with all information, content, products, materials and services made available to you through the same by us (which together with the Site shall be collectively referred to as the “Services”). By using or otherwise accessing the Services, or any component thereof, in any manner whatsoever, you agree to be bound by and comply with the terms and conditions of this Agreement. If you do not agree to this Agreement, do not access or use the Services.

When we refer to the “use” of the Services in this Agreement, we mean any access or use of the Services. These terms and conditions, together with our Privacy Policy, constitute the entire agreement between you and us, superseding any and all prior or inconsistent understandings, representations or agreements regarding the Services.

Procifics reserves the right to modify the terms of this Agreement at any time, and will post a notice of such changes. The changes become effective immediately upon posting (the “Effective Date”). If you continue using the Services after the effective date, you directly accept all the changes.

2. DEFINITIONS

2.1 The term “Procifics Intellectual Property” refers to, all text, graphics, images, trademarks, logos, button icons, programs, software and other data, content, information and materials, tangible and intangible, and all intellectual property rights in and to the same which are owned by Procifics or licensed to Procifics by third parties.

2.2 The term “Procifics” refers to Procifics Consulting Inc.

2.3 The term “Procifics Content” refers to copyrighted content owned by Procifics or third-party partners of Procifics.

2.4 The term “Site” refers to the website www.Procifics.com, which is owned and operated by Procifics Consulting Inc.

3. OWNERSHIP AND USE OF Procifics INTELLECTUAL PROPERTY

3.1 Ownership and Use. Procifics Intellectual Property is owned by Procifics or licensed to us by our third party partners. You agree you will not copy, retransmit, reproduce, publish, create derivative works based upon or otherwise transmit any Procifics Intellectual Property, except if permitted in writing by Procifics.

3.2 Procifics Content. We have posted to the Site certain Procifics Content. You may not download, alter, share, publish, or obscure our copyright, proprietary or other notices on the Procifics Content, unless specified in writing by Procifics.

3.3 Trademarks: The Procifics Trademarks (“Marks”) appearing on this site may not be used in any advertising or publicity, or otherwise to indicate Procifics’s sponsorship of or affiliation with any product or service, unless specified in writing by Procifics.

4. LINKS

Links to Third Party Sites. We may provide links to other websites or resources owned and operated by third parties. You further acknowledge and agree that we shall not be responsible or liable, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services made available on or through any such site or resource.

5. VIRTUAL COMMUNITIES and OTHER INTERACTIVE MEDIA

5.1 Through your use of the Services, you will have access to and use of discussion groups, virtual communities, wikis and similar interactive services (“Interactive Media”). You are responsible for the data you provide, and the ownership of the posted material on the Interactive Media.

Additionally, you agree to:

  • not post, email, upload, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable
  • not impersonate any person or entity
  • not post, email, upload, transmit or otherwise make available any content comprising any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or any other form of commercial solicitation
  • not interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site
  • not violate any applicable local, state, national or international law
  • not collect or store personal data about other users
  • not to make negative or disparaging references to Procifics, its Services, or otherwise compare Procifics, its services or its members unfavorably to others

5.2 License to Procifics. You hereby grant to Procifics a non-exclusive, worldwide, royalty-free, irrevocable perpetual license to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any User Content you submit via the Services by all means and in any media now known or hereafter developed, solely for the purposes for which such User Content was submitted.

5.3 Use of Content Posted by Other Users. You agree not to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any User Content submitted via the Services by all means and in any media now known or hereafter developed, without the express written permission of the owner of such User Content.

6. COPYRIGHT COMPLIANCE AND COMPLAINTS

6.1 Procifics respects the intellectual property rights of others. Procifics may, under appropriate circumstances and at its discretion, disable and/or terminate access to or use of the Service for those users who may be infringing the intellectual property rights of Procifics or others. Procifics has the right to terminate the membership of any User found in violation of the DMCA or other provision of the copyright laws.

6.2 In compliance with the DMCA’s notice-and-takedown provision, Procifics’s policy for removing infringing content and terminating subscribers who are repeat offenders is as follows:

A copyright owner who believes his/her work has been used on the Site in any manner that constitutes copyright infringement must notify Procifics’s designated team at support@procifics.com by written notice. The notice must include the following information: (a) User information: the owner’s name, address, email address, telephone number, and signature; (b) a description and a copy of the work that is allegedly being infringed, or a website where the work may be found; (c) identification of the location of the infringing material on the Site; (d) a statement that the owner has a good faith belief that the use of the copyrighted material was not authorized by the owner or his/her authorized agent; and (e) a statement, under penalty of perjury, that the information in the notification is accurate and made by the copyright owner of the material allegedly infringed or authorized to act on the copyright owner’s behalf. Upon receiving the proper notification, Procifics will remove, or disable access to, the allegedly infringed material from the Site.

6.3 Procifics’s copyright agent for notices of claims of copyright infringement can be reached at support@procifics.com

7. COMPLIANCE WITH THE CAN-SPAM ACT

7.1 The User agrees to abide by the CAN-SPAM Act (15 U.S.C. §§7701-13) when utilizing the Site and contacting other users by email.

7.2 Procifics will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages of any kind resulting from users’ failure to adhere to the CAN-SPAM Act or any other applicable laws. The User agrees to indemnify, defend, and hold harmless Procifics, and any of its employees from any and all third party claims, liability, damages, and/or costs arising from the User’s activities in violation of the CAN-SPAM Act or any other applicable laws.

8. REGISTERED USERS ACCOUNT, PASSWORD AND SECURITY

8.1 In consideration of your use of the Site, you represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services. If you provide any information that is untrue, inaccurate, not current or incomplete, or Procifics has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Procifics has the right to suspend or terminate your access to the Site and refuse any and all current or future use of the Site, or any portion thereof.

8.2 You are solely responsible for maintaining the strict confidentiality of your User IDs and passwords. You agree to immediately notify us if you become aware of any unauthorized use of your User IDs/passwords or other need to deactivate a User ID/password due to security concerns.

9. DISCLAIMER OF WARRANTIES

Except as expressly set forth herein, the content on the site and the Services are provided as is, without warranties of any kind, either express or implied. Procifics does not warrant or guarantee uninterrupted access to the site.

10. RIGHT TO TERMINATE AND/OR TO BLOCK ACCESS

Procifics reserves the right to terminate, block or restrict your access without notice or liability, to or use of the Site for any breach or violation of any term(s) of this Agreement.