Attention: please read these terms carefully before using this web site. Using this web site indicates that you accept these terms. If you do not accept these terms ("terms of use"), do not use this web site.

ProtoGenie (PG) authorizes the PG account holder (you) to view [and download] the materials at this Web site and other PG Web sites that are linked to this site or affiliated with this site ("Site"), under the condition that all the information, programs, processes, methodologies, communications, software, scripting, photos, text, video, graphics, sounds, images and other materials and services found on the Site (collectively "Content") may not be copied or distributed, or republished, uploaded, posted, publicly displayed, performed, distributed or transmitted in any way, without the prior written consent of PG, unless such actions are only for your personal, non-commercial use, and provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. For purposes of these Terms, any use of this Content on any other Web site or networked computer environment for any purpose is prohibited.

Use of Software. If you download any software from this Site ("Software"), the Software, including all code, files, images, contained in or generated by the Software, and accompanying data, are deemed to be licensed to you by PG. Neither title nor intellectual property rights are transferred to you, but remain with PG, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a perceivable form. You may not download or install the Software until you have read and accepted these Terms. Use of a PG account, the Web site and/or forums indicates acceptance of this agreement by the PG account holder.

Copyrights, Trademarks and Service Marks. Unless otherwise noted, all content and other materials on this site are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by PG or by other parties that have licensed their material to PG. The Content of this Site is copyrighted and any unauthorized use of the Content of this Site may violate copyright, trademark, and other laws, in addition to being a material breach of the Terms of Use.

There are a number of proprietary logos, service marks, trademarks, slogans and product designations (“Marks”) found on this Site. By making them available on this Site, PG is not granting you a license to use them in any fashion. Access to this Site does not confer upon you any license under any of PG’s or any third party’s intellectual property rights. Use of PG’s proprietary logos, service marks, trademarks, slogans and product designations found on this Site by users is restricted as set forth in the Terms of Use.

PG TRADEMARKS. ProtoGenie and the ProtoGenie logo are the proprietary trademarks of PG. PG’s trademarks may be used publicly with permission only from PG. Fair use of PG’s trademarks in advertising and promotion of PG products requires proper acknowledgment. No PG trademark or service mark may be used as a hyperlink without PG’s prior written permission.

All other names and brands are the proprietary marks of others.

The various marks on this site represent some of the marks currently owned or controlled by PG or under license to PG. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all PG worldwide proprietary ownership rights, and PG may own or control other proprietary rights in one or more countries outside of the United States.

Terms Of Use For PG Accounts, Web Site And Application

This agreement sets forth the terms of service for PG accounts provided by PG to the account holder.

1. The PG account holder is responsible for the actions of any and all account users.

2. Any use that interferes or conflicts with PG’s ability to function in its primary purpose of creating and publishing research protocols is prohibited.

3. Use of PG to provide software or lists for mass mailing unsolicited email is prohibited.

4. Use of PG to commit network abuse including, but not limited to, denial of service attacks, email bombing or other actions intended to compromise the security of the server or network is prohibited.

5. All data stored or transmitted under PG must be legal under all applicable US laws. You are solely responsible for determining the legality of their data which that is stored or transmitted.

User Submissions. PG does not solicit, but may accept, any product or process ideas, innovations, suggestions, improvements or other user submissions, with the understanding that all remarks, suggestions, ideas, innovations, graphics, materials, information, data, concepts, submissions or other communications you transmit or post to this Site (together, the "Communications") are assigned to, and will forever be the property of, PG without any further compensation or other benefit to the user submitting such Communications. Other than personally identifiable information, which is covered under the PG Privacy Policy, any Communications will be considered non-confidential and non-proprietary. PG will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future PG operations. PG will have exclusive ownership of all present and future existing rights to the Communications of every kind and nature everywhere.

For any Communications that cannot be legally assigned to PG, you hereby grant PG and its designees an unrestricted, perpetual, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Communications for any and all commercial or non-commercial purposes, and agree that PG is free to use any ideas, concepts, know-how or techniques that you send PG for any purpose whatsoever without compensation to you or any other person sending the Communication. In addition, you warrant that all so-called "moral rights" with respect to the Communication have been waived.

You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or any other material that would violate any law, or that could give rise to any civil or criminal liability under the law. You agree not to post any abusive, obscene, hateful, threatening, sexually orientated or any other material that may violate any applicable laws. Doing so may lead to you being immediately and permanently banned. The IP address may be recorded to aid in enforcing these conditions. You agree that the webmaster, administrator and moderators of PG, the PG Forum and the PG Application have the right to remove, edit, move or close any content at any time should they see fit. As a PG user you agree to acknowledge that any information you enter will be stored in a database. While this information will not be disclosed to any third party without your consent, the Webmaster, administrator and moderators cannot be held responsible for any hacking attempt that may lead to the data being compromised.

User Forums or other Communication Networks. PG may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards, communication networks or other user forums, and the content of any such Communications. PG, is free in its sole discretion to remove, edit, delete or modify any Communications deemed undesirable without prior notice to the user submitting such Communications; however, PG will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise, and retains the right to remove messages that include any material deemed abusive, defamatory, obscene or otherwise unacceptable. As a PG account holder, you acknowledge that all content represents the views and opinions of the author and not of the administrators of PG, the PG Forum and/or the PG Application.

Links To Third Party Web Sites. This Site may provide links to other third party Web sites or resources. Such links to third party Web sites on this Site are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. PG has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, PG makes no representations whatsoever about any other web site, which you may access through this Site, or any information, software or other products or materials, found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you acknowledge and agree that PG is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature, and you do so entirely at your own risk. Accordingly, you agree that PG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party materials, content, products or services available on or through any such site or resource.

Disclaimer. THE MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

PG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE.

PG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS, DATA OR INFORMATION IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE PG MAY MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT PG ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT PG. PG UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS SITE. INFORMATION PUBLISHED AT THIS SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR GEOGRAPHIC LOCATION.

Limitation of Liability. IN NO EVENT WILL PG OR ANY OTHER ENTITIES INVOLVED IN THE DEVELOPMENT OR MAINTENAINCE OF PG SERVICES OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, PG’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.

BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Procedure for Making Claims of Copyright Infringement. PG respects the intellectual property rights of others, and expects its users to do the same. PG will, upon receiving proper notice, act to remove or disable access to any such material as set forth in the Digital Millennium Copyright Act (17 USC § 512) (DMCA). The PG account holder expressly waives the right to assert any claims against PG for any such removal or termination of account. Any notifications of claimed copyright infringement must be sent to PG using the contact form. When notifying PG of the alleged copyright infringement, please provide complete and sufficient information, including identification of the copyrighted work alleged to have been infringed, the alleged infringing material, the address and contact information for the owner of the alleged copyright material, and a statement that the information in the notification is accurate, and, under the penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the alleged copyright.

GENERAL TERMS

Indemnification of PG. The PG account holder will indemnify and hold harmless PG against any loss, damage, cost and expense which PG may incur or become liable for by reason of claims or actions for libel, violation of privacy rights, plagiarism, copyright infringement, trademark or trade name infringement, claims arising in connection with data transmitted pursuant to the terms and provisions of this agreement and any claims or suits resulting from the account holder's use of the service including, without limitation, the expense and cost of defending any and all such claims and actions. The provisions of this paragraph shall survive termination of this agreement.

Applicable Laws. PG from its offices within the United States of America controls this Site. PG makes no representation that the Content in this Site is appropriate or available for use in locations other than the United States, and access to them from territories where their content is 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. You may not use or export the Content in violation of U.S. export laws and regulations.

These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortuous conduct or otherwise) and any claim relating to the Content shall be governed by the internal substantive laws of the State of Arizona. By using this Site, and agreeing to the Terms, you agree that any dispute to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use, shall be settled through binding arbitration under the AAA Rules of Arbitration, located at a mutually convenient forum in Phoenix, Arizona.

Termination. PG, in its sole discretion, may terminate or restrict your use or access to this Site (or any part thereof) for any reason, including, without limitation, if PG believes you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or if you are in breach of the terms of the Terms of Use. Upon termination, you will immediately destroy any copies of Content of this Site, whether in printed or software format. PG may terminate service at any time, without notice, for violation of this agreement. PG will not be liable for any damages or harm to the account holder resulting from such termination. PG account holders may terminate their account at any time. The request to terminate the account must be in writing via the contact us form.

Notices. Notices to you may be made via either email or regular mail. PG may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices to you generally on the Site. PG reserves the right to revise its terms, conditions and acceptable use policy at any time.

Privacy and Sensitive Personal Information. PG recognizes the need to protect the privacy of users of this Site, and to provide additional privacy protection to children. Children 12 years old and younger may visit this Site without disclosing any personally identifiable information. Your personal information is confidential and ProtoGenie PG will not sell, share or give away personal information entered on our web site. Your personal information and email address are used solely to answer your inquires or notify you about updates and info about ProtoGenie. The PG forum system uses cookies to store information on your local computer. These cookies do not contain any of the information you have entered to sign up. They serve only to improve your user experience. The email address is used only for confirming your registration details and password and for sending new passwords should you forget your current one. Your email address also serves as your ProtoGenie user name and is used only for confirming your registration details and password and for sending new passwords should you forget your current one. Sensitive personal information like social security numbers should not be requested, stored or saved under PG.

Revisions. PG may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Site. The materials and services at this Site may be out of date, and PG makes no commitment to update the materials and services at this Site.

Additional Terms. Certain items offered by this Site, whether by PG or its partners, and certain areas within this Site may be governed by additional terms of use and/or other agreements ("Additional Terms") presented in conjunction with those items or programs. You must agree to these Additional Terms before using those areas. The Additional Terms and this Terms of Use shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Terms of Use, the Additional Terms shall control.

Waiver. PG's failure to enforce any part of these Terms of Use shall not constitute a waiver of any of PG’s rights under these Terms of Use, whether for past or future actions on the part of any person. Neither the receipt of any funds by PG nor the reliance of any person on PG’s actions shall be deemed to constitute a waiver of any part of these Terms of Use. A specific, written waiver signed by an authorized representative of PG may only provide a legal waiver.

Severability. If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Acceptance of Terms. You acknowledge you have read, and agree to be bound by these Terms and to comply with all applicable laws and regulations, including without limitation U.S. export and re-export control laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms on behalf of yourself or any party you represent. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE. Use of a PG account, the Web site and/or forums indicates acceptance of the terms of this agreement by the PG account holder.