Site Contents, Ownership, And Use Restrictions
Unless otherwise indicated, the information contained in this Site including but not limited to, all images, illustrations, designs, photographs, video clips, text, icons, designs written information and other materials that appear on the Site are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed (all of which, collectively, are herein referred to as the "Contents") by Procare Software, its affiliates or are the property of their respective owners and are protected by U.S. and international copyright laws and conventions. The name Procare Software and the Procare Software logo, Tuition Express and the Tuition Express logo are registered marks of Blum Investment Group, Inc. The collection and compilation of the contents of the Site are separately protected and copyrighted works that are owned exclusively by Procare Software. No trademark or service mark license is granted in connection with any of the Contents on the Site. Accessing the Site does not authorize users to use any name, logo, trademark or service mark in any manner.
Permission is granted to display, download, and print in hard copy format other Contents of this Site solely for the purposes of using this Site as an internal or personal business resource, and none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted electronically or mechanically, transmitted, recorded, in any manner mirrored, photocopied, or reproduced without the prior written permission of Procare Software or the applicable owner. Procare Software shall grant third party’s the right to “link” to Procare Software and Tuition Express Sites provided the request is made in writing. All third party’s that have been granted rights to “link” to Site(s) are required to use the URL linking mechanism supplied by Procare Software. Any alteration, change, modification, adjustment or revision to “link” must be approved by Procare Software in writing prior to implementation.
The only personally identifiable information we collect about visitors is provided voluntarily. In general, you can visit our Site without telling us who you are or revealing any personal information about yourself. However, some portions of our Site may be accessible only to users who have registered with us (and who may be asked to provide certain information as part of the registration or login process). In addition, our Web servers may use "cookies" (described below) to collect information about visitors such as domain names, and e-mail addresses. This information may be aggregated to measure such things as the number of visits, average time spent on the site, number of pages viewed, and methods by which our site was found. Procare Software uses such information to evaluate the use of our site and to continuously improve the content and services being provided.
At times we may ask you for contact information or conduct on-line surveys in order to better understand your needs so that we can provide you with a customized experience. If we wish to use this information other than as set forth in this statement, we will let you know at the time of collection. We will take commercially reasonable steps to safeguard this information from unauthorized access.
Who Has Access to This Information?
Unless we specifically disclose it to you at the time of collection or subsequently obtain your approval, we will not make visitor or customer-specific information that is gathered on our site available to unaffiliated organizations for commercial purposes unrelated to the business of Procare Software. Procare Software and its affiliated companies use this information to help us deliver the services you have requested, or to design or offer specific products or services that we believe will be useful to you. While we may use this information to contact you or to send materials to you for marketing purposes, we will take commercially reasonable steps to safeguard such information from unauthorized access by any other parties. As we strive to meet the needs of our customers, we may disclose personally identifiable information we collect, as described above, to companies and vendors that perform marketing or other services on our behalf or with whom we have joint marketing agreements so that we may provide a full range of products and services to you. Our policy is to prohibit these companies from otherwise selling or disclosing the personal information we provide. Certain federal, state and local laws or government regulations may require us to disclose non-public personal information about you. In these circumstances, we will use reasonable efforts to disclose only the information required by law, subpoena or court order to be disclosed.
Links to Other Sites
Links to other Sites from the Site are provided solely for your convenience. Procare Software is not responsible for the content of any other sites, nor does Procare Software make any representations about the content or accuracy of material on any other sites. If you click through to a third party’s Site, you do so at your own risk.
Users of our Site are strictly prohibited from violating or trying to violate the security features of the Site, such as by (1) accessing data not intended for that user or logging onto a server or an account which the user is not authorized to access; (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures unless we expressly authorize that user to do so in writing; (3) attempting to interfere with service to any user, host or network, such as by means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;" (4) sending unsolicited email, including promotions and/or advertising of products or services; or (5) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. By using the Site, you hereby agree not to use any device, software or routine to interfere or try to interfere with the proper working of this Site or any activity being conducted on this Site. You further agree not to use or try to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents which we make available on this Site and other than generally available third party web browsers like Netscape Navigator or Microsoft Explorer.
Disclaimer of Warranty
PROCARE SOFTWARE IS PROVIDING THIS SITE AND ITS CONTENT ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AS TO THE SITE OR ITS OPERATION OR CONTENT. ALTHOUGH PROCARE SOFTWARE BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, PROCARE SOFTWARE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT.
Limitation of Liability
IN NO EVENT SHALL PROCARE SOFTWARE OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUPPLIERS OR THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, PROFITS OR GOODWILL, BUSINESS INTERRUPTION, OR COMPUTER FAILURE OR MALFUNCTION, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORTUOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE.
Information Submissions Provided By You
You agree that any material, information, and ideas that you transmit to this Site or otherwise provide to Procare Software ("Transmissions") shall be and remain Procare Software's property and you hereby assign all of your rights in such Transmissions, including any copyrights, to Procare Software in perpetuity throughout the world for any and all present or future uses in any and all languages, for no compensation. All Transmissions will be treated as non-confidential and non-proprietary and Procare Software shall be under no obligation of any kind with respect to such information and shall be free to reproduce, make derivative works from, use, disclose, and distribute the Transmissions to others without limitation. Additionally, Procare Software shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information. In addition, you agree, and are hereby put on notice, that you are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, inflammatory, pornographic, or profane material or any other material that could give rise to any civil or criminal liability under law. You are solely responsible for the content of any comments you make.
“Cookies” are routinely used by entities engaged in E- commerce, including Procare Software. A cookie is a piece of data stored on a user's hard drive through the Web browser program containing information about the user which enables us to track and personalize the Site to enhance your online experience. You can avoid cookies by configuring your browser to reject them or at least notify you when a cookie is being placed on your hard drive.
Procare Software collects technical information from a user’s computer when that user requests a Web page while visiting the Site. The information pertains exclusively to the user’s Internet Protocol address, type of browser and the address of any linking site. Procare Software will not sell, rent, or otherwise convey said information to any third party. Procare Software currently doesn’t use a third party’s to collect and analyze information. Procare Software does reserve the right to use third party’s to collect and analyze said information in the future.
Correspondence Generated through Web Site
All email notifications containing specific messages, correspondences and other related writings are generated by owners and/or operators of ProCare Management Software. Said owners and operators are responsible for the delivery and content of all notifications. Procare Software and its affiliates are not responsible for the content of any correspondence by and between participating parties.
Links to External Websites
Please be aware that, when you click on links that take you to external Websites, you will be subject to their privacy policies and practices and not ours. We strongly encourage you to read their privacy policies and practices to determine if they differ from those utilized on our Site.
Procare use and disclosure of Confidential Information disclosed hereunder are subject to the following terms and conditions. With respect to the Confidential Information, Procare agrees that:
Procare shall treat as strictly confidential, and use all reasonable efforts, including implementing reasonable physical security measures and operating procedures, to preserve the secrecy and confidentiality of all Confidential Information received from customer.
Procare shall make no disclosures whatsoever of any Confidential Information except as is required by law, regulation or court order.
In the event of termination, all Confidential Information shall be returned or destroyed provided Procare is not required to retain said Confidential Information by law or court order.
Procare shall provide full voluntary disclosure to Customer of any and all unauthorized disclosures and/or unauthorized uses of any Confidential Information; and the obligations of this section shall survive such termination and remain in full force and effect.