PromaSys Corporation Flo™ – Web Site Legal Notice for Subscriber/User Services


This Legal Notice for Subscriber/User Services governs your access and/or use of any aspect of this Internet site (collectively “Subscriber/User Service”) that requires you to login/sign on using identification (e.g. a user name) and a password (e.g. the PromaSys Corporation Flo™ service).

IF YOU DO NOT AGREE TO THE FOLLOWING TERMS AND CONDITIONS, DO NOT ACCESS AND/OR USE ANY SUBSCRIBER/USER SERVICE OFFERED BY THIS INTERNET SITE.

 

1. Acceptance: By clicking "I ACCEPT”, you acknowledge and agree to be bound by each of the following:

A) all the terms and conditions contained in the “Legal Notice for General Use” (available for your review on the home page of this Internet Site);

B) all the terms and conditions of any applicable agreement we have made with a relevant “Third Party” (for example, your employer, a state/local award program, or an education institution where you are a student or faculty member) (each, a "Third Party") (you agree to contact the appropriate Third Party and familiarize yourself with the terms and conditions that the Third Party has agreed to on your behalf); and

C) each of the terms and conditions contained in this “Legal Notice for Subscriber/User Services” including your agreement that any use by you of this Subscriber/User Service obligates you to comply with every term and condition in each of the agreements identified in A, B, and C of this section.

Collectively, A, B, and C of this Acceptance section comprise the full set of terms and conditions (hereafter the “Agreement”) that governs your use of this Internet Site and any of its Subscriber/User Services.  By clicking “I ACCEPT” you also agree that this Agreement covers any subsequent updates, enhancements, new features, and/or deletions/additions to each Subscriber/User Service.  If you click "I DO NOT ACCEPT”, you will not be able to access/use any Subscriber/User Service offered via this Internet Site. If you nonetheless gain/have access to, or otherwise use any Subscriber/User Service offered via this Internet Site without having clicked "I ACCEPT", you are hereby notified that your use of this Subscriber/User Service is nonetheless subject to the terms and conditions of the full Agreement as identified in A, B, and C of this section.

2. Changes to the Subscriber/User Service Terms: The terms of this Agreement may be changed at any time without prior notice to you. The changes to this document can be accessed at any time by navigating to the My Account screen and clicking on the hypertext for the word "License" in the PREFERENCES panel.  Changes to the “Legal Notice for General Use” may be accessed on the home page of this Internet Site.  Changes to the appropriate/relevant Third Party Agreement may be accessed by contacting the Third Party.  You will not be issued a notice of any change.  You signify that you agree to be bound by each such change by using the Service after any change in terms is made.

3. Privacy and Your Account. User data and other information about you are subject to the “Privacy Policy” posted on the home page of this Internet Site. In addition, you agree that your information may be stored and processed in the United States or any other country where the Subscriber/User Service is offered.  By accessing the Subscriber/User Service, you consent to the transfer of information outside of your country. If your access to the Subscriber/User Service has been provided by or through a Third Party, you hereby authorize the Third Party to provide us with sufficient information about you to enable us to provide you with access to the Subscriber/User Service so as to distinguish you from other users (such as your phone number, email address or name).

4. Identification, Password, and Notice: Your access of/to each Subscriber/User Service requires you to login by using “sign on” identification and a password. You agree that you are solely responsible for maintaining the confidentiality of that identification and password. You agree you may be held liable for losses incurred by PromaSys Corporation or another party due to someone else using your account identification and/or password. If you provide someone else with access to your password to the Subscriber/User Service, they will have the ability to view information about your account and make changes to it. Similarly, if you tell someone the answer to your security question (if/when such a feature is implemented) for the Subscriber/User Service, they will be able to request information about your account and make changes through Customer Service/Support. You agree not to use anyone else’s account at any time without first obtaining the permission of the account holder/owner. You agree that only one individual may access the Subscriber/User Service at the same time using the same user identification and/or password, unless we agree otherwise.  You agree to notify us promptly if you change your telephone number, name, address or email address so we can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, then you agree that any notice we send to your old telephone number, name, address or email shall be deemed sufficient notice.

5. Feature/Function Availability: You acknowledge that we may discontinue or change any aspect of the Subscriber/User Service or its availability to you, at any time.

6. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY:  In addition to the disclaimers/limitations contained in the ‘No Warranties; Limitation of Liability’ section of the Legal Notice for General Use (above, 1. Acceptance, A), you agree that PromaSys Corporation and its subsidiaries, affiliates, shareholders, directors, officers, employees and licensors ("the PromaSys Corporation parties") will not be liable (jointly or severally) to you or any other person as a result of your access or use of the service for:

a. any loss that you may incur as a result of someone else’s using your password or account, either with or without your knowledge.

b. any actions or communications by you or any third party within or outside of this site.

c. for any delays, inaccuracies, errors or omissions there from or in the downloading, transmission or delivery of all or any part thereof of material from the subscriber/user service.

d. indirect, consequential, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits, lost savings and lost revenues (collectively, the "excluded damages"), whether or not characterized in negligence, tort, contract, or other theory of liability, even if any of PromaSys Corporation Flo™ parties have been advised of the possibility of or could have foreseen any of the excluded damages, and irrespective of any failure of an essential purpose of a limited remedy.

If any applicable authority holds any portion of this section to be unenforceable, then PromaSys Corporation parties' liability will be limited to the fullest possible extent permitted by applicable law.

7. Indemnification:  You agree to defend, indemnify, and hold harmless PromaSys Corporation Flo™ parties from any and all claims, liabilities, and costs incurred by PromaSys Corporation Flo™ parties in connection with any claim arising from any breach by you of this Legal Notice for Subscriber/User Services, including reasonable attorney fees and costs. You agree to cooperate fully in the defense of any claim against PromaSys Corporation Flo™ parties relating to you and/or your use of this Subscriber/User Service. PromaSys Corporation Flo™ parties reserve the right to assume, at its own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you.

8. Assignment: The terms and conditions of this Legal Notice for Subscriber/User Services are personal to you.  You may not assign your rights or obligations under this Legal Notice for Subscriber/User Services to anyone.