PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
This legal notice is an enforceable agreement between you and ProBliva. All uses of this ProBliva website (the “Site”) are subject to the terms and conditions of this legal notice (the “Terms”). By accessing, browsing and/or using this Site, you acknowledge that you have read, understood, and agree, to be bound by these Terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these Terms, do not use this Site or download any Materials (as defined below) from it…
The text, graphics, sounds, music, videos, trademarks, service marks, logos, files, software or other information found on the Site (the “Materials”) are protected by copyright, trademark and other intellectual property laws, including, but not limited to, United States Copyright Law and international treaties. The copyright in all Materials provided on this Site is held by ProBliva or by the original creator of the Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. No title or intellectual property rights are transferred to you or any third party through the use of or access to the Site. All rights, title, and interest in and to all aspects of the Site remain the sole property of ProBliva.
LICENSE GRANT AND USE RESTRICTIONS
You may browse the Site for personal entertainment and information, and may download one copy of the Materials on a single computer for your personal, non-commercial internal use only.
Except as stated herein or specifically authorized otherwise under prior written permission of ProBliva, you may not: (a) copy, distribute, republish, download, display, post, modify, transmit or revise the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law; (c) remove any copyright or other proprietary notices from the Materials; (d) transfer the Materials to another person; or (e) “mirror” any Materials contained on this Site on any other server..
Except as permitted in the foregoing, all reproduction, alteration, redistribution, re-publication, downloading, display, notification or transmission of any Materials on the Site is expressly forbidden in total or in part, in any format, by any means, without the express prior permission of ProBliva. ProBliva will enforce its rights to the full extent of the law against any unauthorized commercial use of any Materials residing on this Site.
All permissions granted hereunder terminate automatically if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded and printed Materials.
REVISION OF TERMS
ProBliva may revise these Terms at any time by updating this legal notice. By using this Site, you agree to be bound by any such revisions and should visit this page from time to time to review the then current Terms to which you are bound. Certain provisions of these Terms may be superseded by additional express legal notices or terms posted on particular pages of the Site. Continued use of the Site following any change constitutes acceptance of the change.
THE MATERIALS AND THE SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. ProBliva and its affiliates, agents, third party suppliers and service providers further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Materials. ProBliva may make changes to the Materials and the Site at any time without notice. ProBliva makes no commitment to update the Materials or the Site. Neither ProBliva nor its affiliates, agents, third party suppliers or service providers warrant that the Site or associated server computers are free of viruses or other harmful components. You solely (and not ProBliva) assume the entire cost of all necessary servicing, repair, or correction to your equipment, computers, software, or data resulting in any way from viewing or downloading the Materials or otherwise using the Site.
This Site is controlled and operated by ProBliva from its offices within the United States . ProBliva makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations, do so on their own initiative and are responsible for compliance with applicable local laws.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ProBliva OR ITS AFFILIATES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF ProBliva OR A ProBliva AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY 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 as otherwise expressly specified in our Privacy Statement on the Site pages or in these Terms, any information, communications or materials that you post or transmit to the Site (“Communications”) are, and will be treated as, non-confidential and non-proprietary, and shall forever be the exclusive property of ProBliva. By transmitting or posting any Communications on the Site, you grant to ProBliva or its designees a perpetual, royalty-free, fully paid-up world-wide license to use, distribute, sublicense, lease and market (directly or indirectly through agents and distributors), display, perform, modify and have modified, reproduce, copy and have copied, publish and prepare derivative works thereof in any form and format and in any media in existence or hereinafter developed, the Communications and any and all information contained therein. ProBliva and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.
You may not post or transmit any unlawful, threatening, libelous defamatory, obscene, pornographic, indecent or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense or violate any law or regulation.
LINKS TO OR FROM OTHER SITES
Third party websites may be linked to or from the Site. Such linked sites are not under the control of ProBliva, and ProBliva is not responsible for the content of any linked site or any link contained in a linked site. ProBliva reserves the right to terminate any link or linking program at any time. ProBliva does not endorse companies or products to which it links, unless it expressly states otherwise. If you decide to access any of the third party site linked to the Site, you do this entirely at your own risk.
You may provide links to the Site from other sites provided that (a) you link only to the Site home page, (b) you do not remove or obscure, by framing or otherwise, any identifications, advertisements, copyright notice, or other notices on the Site, (c) you give ProBliva notice of such link via e-mail or certified postal mail, and (d) you discontinue providing links to the Site if requested by ProBliva.
Any claim relating to, and the use of, this Site and the Materials contained herein is governed by the laws of the State of New York , and you agree to personal jurisdiction and convenient forum therein.
You may terminate your access to the Site at any time. ProBliva may suspend or discontinue providing the Materials to you with or without cause and without notice. ProBliva may pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder.
Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically on the Site by ProBliva. Notices shall be deemed to have been properly given: 1) on the date deposited for postal mail; 2) on the date first made available, if displayed in the Site; or 3) on the date received, if delivered in any other manner. Notices to you may be sent to any of the addresses provided by you on any form on the Site. Except as expressly directed otherwise by ProBliva herein or elsewhere in the Site, notices to ProBliva should be sent to: ProBliva, Inc., ProBliva, H.Q., 3483 Pleasant Ridge Rd., Wingdale, NY 12594, USA .
The failure of ProBliva to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
You may not assign your rights or delegate your duties under these Terms.
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof. All prior agreements, understandings, negotiations or representations, whether oral or in writing, relating to the subject matter hereof are superseded and canceled in their entirety.
If any provision hereof is adjudged to be invalid, void, or unenforceable, the parties agree that the remaining provisions hereof will not be affected thereby, that the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the parties, and that these Terms for the Site will in any event remain valid and enforceable.