To use certain services available on the Site, you must register with the Site and provide certain personal information. You must also establish a password(s). You agree that you will be responsible for maintaining your password(s) as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your password(s). It is your responsibility to notify PROVIDICE by one of the methods listed below in the event that (i) your password is lost or stolen, or (ii) you become aware of any unauthorized use of your password(s) or of any other breach of security that might affect the Site. PROVIDICE is not responsible for any loss or damage arising from your failure to comply with the provisions of this section.
The information PROVIDICE obtains from you will be used only in
Internet subscribers and online readers should not act, or fail to act, upon this information without seeking professional counsel. No person should act or fail to act on any legal matter based on the contents of this site.
You acknowledge and agree that all materials, information, and content, including but not limited to text, pictures, graphics, software, products, materials, services and other files available on the Site, and the selection and arrangement thereof, (collectively “Content”) are protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary rights and laws and that all right, title and interest in and to all such Content are owned by or licensed to PROVIDICE. You may display, print or download one copy of Content from the Site for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. You may not "mirror" any Content contained on the Site on any other server without prior written permission from PROVIDICE and may not engage in “framing” any Content contained on any one or more of the Sites on or through another website without prior written permission from PROVIDICE. You may not reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any Content, use of the Site, and/or access to the Site. Use of the Content for any purpose not expressly permitted in these Terms without first obtaining the express written permission of PROVIDICE is prohibited.
Use of the Site
This site will consist over time in part of user-contributed files. Providice, LLC and the authors do not endorse their use, efficacy, or veracity. They are posted here to stimulate discussion, comment, and review. Please send E-mail if you have any comments.
You are responsible for all Content that you upload, submit, post, email or otherwise transmit using the Site or services. Likewise, you are responsible for respecting PROVIDICE's and third parties' rights with respect to Content that appears on the Site and not to download, email or otherwise transmit such Content in violation of PROVIDICE's and third parties' rights.
You agree to not use the Site or services to:
Submit, upload, post, email, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property right, privacy right, or publicity right of any person or entity.
Submit, upload, post, email, or otherwise transmit any Content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another's privacy, hateful, racially, ethnically, or otherwise offensive.
Impersonate another person or entity, including without limitation, a representative of PROVIDICE or its officers, directors, employees, managers, or agents, falsely represent or misrepresent your affiliation with another person or entity, or forge headers or otherwise manipulate identifiers that would disguise the origin of any Content transmitted through the Site or Services.
Submit, upload, post, email or otherwise transmit any unsolicited or unauthorized commercial e-mail, advertising, promotional materials, including without limitation, initiation or perpetuation of any spam, junk mail, or any other potentially objectionable form of unsolicited communication.
Use the Site or services for any purpose or in any manner that violates any local, state, or federal law or regulation or the law or regulation of any foreign government.
Collect or store personal data with respect to third parties except as contemplated by the Terms and then only for the express purpose of providing lawful communication that may reasonably be anticipated by such third parties.
Directly or indirectly, intentionally disrupt or interfere with the Site or services in any manner that may materially adversely affect PROVIDICE, you or any third party.
Submit, upload, post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities, including but not limited to any person or address obtained from the Site or obtained through use of the site.
Submit, upload, post, email or otherwise transmit without authorization any material that contains personal or private information concerning any third party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, social security numbers, passwords or other similar information.
Use any kind of automated tool, including but not limited to scripts, spiders, robots, bots and other automated software, software, or process to try to collect information from the Site or to break into any of its servers or to download any of the Site’s contents.
Subscriber will not lease, lend, resell, or otherwise share access to the site with any other entity, or access the site on behalf of any other entity.
Grant of License
In the event you post or submit Content to the Site, you grant PROVIDICE, its partners and related organizations, a perpetual, worldwide, royalty-free, non-exclusive license to use, copy, reproduce, display, perform, adapt, modify, publish, translate, transmit, distribute, have distributed, publicly perform, publicly display and promote the Content, or any part thereof, with the right to sublicense same, in any and all formats now known or hereinafter used, and waive any and all rights, including but not limited to, any moral rights therein. PROVIDICE shall be free to use such Content, including ideas, concepts, know-how or techniques contained in such content for any reason whatsoever and without any payment or royalty obligations to you of any kind. You warrant and represent that you own or otherwise control all of the rights in and to the Content, or are otherwise authorized to reproduce and distribute the Content and grant PROVIDICE the license provided above; that you have retained all copyright and other notices necessary for obtaining permissions to reprint any third party Content; and that public posting and/or the licensed use of your Content by PROVIDICE will not infringe or violate the rights of any third party.
Links to Other Websites
All original portions © Copyright 2001-2011 by the respective author(s). Compilation © Copyright 2001 - 2011 by the respective author(s). All Rights Reserved. These documents and this collection are copyrighted as a work under the laws of the United States and under international authority. Any commercial use (including providing copies of these documents at no expense as part of an advertisement delivery) use by any "search engine", or duplication in whole or in part, including storage in any archive or information retrieval system or web site, without the expressed written consent of the copyright holder(s) and author(s), is prohibited. Re-posting, distribution, or re-publication of this material is strictly prohibited.
Procedure for Making Claims of Copyright Infringement
PROVIDICE and its affiliated companies respect the intellectual property of others, and we ask our content partners and users posting to these Site(s) to do the same. If you believe that your copyrighted work has been copied and is accessible on the Site(s) in a way that constitutes copyright infringement, you may notify PROVIDICE by providing our copyright agent (identified below) with the following information:
- The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
- A description of the copyrighted work that you claim has been infringed and a description of the infringing activity, including identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the websites where it is posted or the name of the book in which it has been published.
- Identification of the URL or other specific location on the Site where the material that you claim is infringing is located; such identification must include enough information to allow us to locate the material.
- Your name, address, telephone number, and e-mail address.
- A 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.
- A statement by you, made under penalty of perjury, that the information contained in your notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Our agent for notice of claims of copyright or other intellectual property
infringement on the Site can be reached as follows.
Manager of Marketing Communications
7955 E. Arapahoe Court Suite 1250
Centennial, CO 80112
This contact information is only for reporting claims of copyright or other intellectual property infringement.
Protected Computer System
This is a protected computer system involved in interstate communications under 18 U.S.C. § 1030. Any implied consent to access this site is hereby revoked. Access to this site is only through links from the home page and subsequent links on those pages. Unauthorized access to this site will be considered trespass and an illegal access of this computer system.
Sending unsolicited commercial e-mail, a/k/a SPAM to any e-mail addresses from this site is strictly and expressly prohibited. Using or obtaining any e-mail address from this site for commercial purposes is strictly and expressly prohibited, and will be considered trespass, a violation of this Agreement/Notice, and an illegal access of this computer system.
Other than access to materials on the designnated "open" or “unrestricted” portion of this site at "http://www.providice.com” all persons desiring to access the restricted materials or non-public portions on this web site must complete one or more applications to request access, which may or may not be approved. Use or access of any materials from this site without, where required, a valid application and, where required, approval thereof,
WILL BE CONSIDERED TRESPASS, A VIOLATION OF THE THIS NOTICE, AND AN ILLEGAL ACCESS OF THIS COMPUTER SYSTEM
If you provide any false or misleading information in order to access the contents of this site, or to receive any other benefit, you will be prosecuted civilly for wire fraud, computer trespass, 18 U.S.C. 1030, and other claims.
Disclaimer of Warranties
THE SITE, INCLUDING ALL CONTENT AND SOFTWARE WITHIN THE SITE ARE PROVIDED "AS IS" AND “AS AVAILABLE” FOR YOUR USE, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, QUIET ENJOYMENT, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, AND INFORMATIONAL CONTENT. PROVIDICE, ITS PARTNERS AND AFFILIATED ORGANIZATIONS, AND ITS LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THE SITE, THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE CONTENT OR THE SITE OR ANY OTHER WEBSITES LINKED TO THE SITE, INCLUDING BUT NOT LIMITED TO THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT OR THAT IT WILL MEET YOUR NEEDS OR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; OR THAT THE CONTENT, SITE AND SOFTWARE THEREIN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MATERIALS ON THIS SITE MAY BE OUT OF DATE, AND PROVIDICE MAKES NO COMMITMENT TO UPDATE THE MATERIALS OR CONTENT ON THE SITE. PROVIDICE DOES NOT AND CANNOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THE SITE, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. PROVIDICE DOES NOT WARRANT THAT THE SITE, SOFTWARE, OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THESE SITES, SOFTWARE, AND CONTENT WILL BE CORRECTED. YOUR USE OF THE SITE IS SOLELY AT YOUR RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROVIDICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU, EXCEPT THAT PROVIDICE’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROVIDICE, ITS PARTNERS AND AFFILIATED ORGANIZATIONS, AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (EVEN IF PROVIDICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO THE USE, INABILITY TO USE, OR RESULTING FROM THE USE OF THE SITE, ANY WEBSITES LINKED TO OR FROM THE SITE, THE CONTENT, SOFTWARE OR OTHER INFORMATION CONTAINED IN OR ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, REGULATIONS, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY. IF YOUR USE OF THE SITE, CONTENT, SOFTWARE OR OTHER WEBSITES RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, EXCEPT THAT PROVIDICE’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless PROVIDICE, its successors and assigns, related or affiliated organizations and licensors; and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, which arise from your use or misuse of the Site or violation of these Terms. PROVIDICE reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you shall cooperate with PROVIDICE in asserting any available defenses.
Notice of Changes
PROVIDICE may update or change these Terms from time-to-time. If such a change is made, PROVIDICE will post the revised Terms on the Site. PROVIDICE reserves the right to add to, change or terminate the services offered on the Site at any time. You understand and agree that PROVIDICE may from time
to time establish and revise practices and limitations concerning your use of the Site and services offered on the Site.
PROVIDICE makes no representation that Content or materials available on the Site are appropriate or available for use in locations outside the United States. Those who choose to access the Site from other locations do so at their own risk, and are responsible for compliance with all applicable local laws.
PROVIDICE reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without notice. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Site (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees, if any, owed by you in connection with the Site or services offered through the Site.
Use and Disclosure of Information
You acknowledge, consent and agree that PROVIDICE may access, preserve and disclose your account information and any Content submitted or posted to the Sites if required to do so by law, by subpoena or court order or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any such Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of PROVIDICE, its users and the public. You agree and expressly grant consent and permission for Providice to send you e-mail, commercial and non-commercial, from time to time.
You acknowledge and agree that the information to be furnished on the restricted or non-public areas of this Site is in all respects confidential in nature, other than information which is in the public domain through other means and information possessed by you prior to accepting these Terms Of Service due to your experience working on similar matters, and that any disclosure or use of same by you, except as provided for in this Agreement, may cause serious actionable harm or damage to ProvidIce. In the event of violation of this agreement, damages may be inadequate or difficult to ascertain, it is therefore agreed that in addition to damages for breech of the agreement, ProvidIce may also seek and obtain injunctive relief. This provision shall survive the term of this Agreement.
You agrees that it/he/she will not use, directly or indirectly, the information furnished on the restricted or non-public portions of this Site for any purpose other than as provided in this Agreement, and agree that you will not either directly or indirectly, by agent or representative, disclose this information, either in whole or in part, to any third party. However, this provision will not apply to information that is furnished to your advisors or their representatives who need such information for evaluating any possible relationship beyond mere use of the Site so long as such advisors themselves in turn agree to the Terms of Service for this Site.
You further agree that for a period of eight (8) years following the date of your last access to the Site that you shall not compete, directly or indirectly, with ProvidIce in the business(es) and markets, and the geographic locations, in which it is engaged or in which it intends to engage.
Choice of Law, Jurisdiction and Venue
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, excluding its conflicts of law principles. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the Sites shall be the state or federal courts located in Colorado, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Severability and Integration
PROVIDICE’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by PROVIDICE in writing. The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance.
No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement.
This Agreement may not be modified or amended except by an agreement in writing signed by all the parties hereto, and this limitation includes even amendment or modification of this provision to amend, which itself must be in writing. This requirement of a written amendment or modification may not itself be waived in any manner other than by a written agreement to waive or modify same.
Nothing in this Agreement contained shall be construed as to require the commission of any act contrary to law, and whereof there is any conflict between any provision of this Agreement in any present or future statute, law, ordinance, or regulation contrary to which the parties have no legal right to contract, the latter shall prevail, but in such event, the provision of this Agreement effected shall be curtailed and limited only to the extent necessary to bring it within the requirement of the law.
If you have any questions about these Terms or desire to provide us with notice under these Terms (apart from notice of any copyright or intellectual property violation), you may contact PROVIDICE in the following ways:
Mail: ProvidIce, LLC
Manager of Marketing and Communications
7955 E. Arapahoe Court Suite 1250
Centennial, CO 80112