TERMS & CONDITIONS

Legal Notices

Please read these Terms & Conditions ("Terms") carefully before using this Website ("Site").

This Site is provided by PROVEST LLC ("PROVEST") subject to your compliance with these Terms, as well as any other agreement between PROVEST and you, and may be used for informational purposes only. By using this Site or downloading materials from this Site, you agree to abide by the Terms set forth below and herein. If you do not agree to abide by these Terms, do not use the Site or download materials from the Site.

Limited License

Subject to the Terms, PROVEST grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.

PROVEST authorizes you to view and download the information ("Materials") made available for download at this Site only for your personal, non-commercial use. This authorization is not a transfer of title in the Materials and copies of the Materials are subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and, 3) you must not transfer the Materials to any other person. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, PROVEST does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

Restrictions on Use

Your use of the Site is subject to all applicable laws, rules, and regulations, and you are solely responsible for the contents of your communications through the Site. By using any communications service or other interactive service that may be available to you on or through this Site, you agree that you will not upload or otherwise submit or facilitate submission of any content, including text, communications, software, images, sounds, data, or other information, that:

  1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
  2. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  3. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
  4. Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  5. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
  6. Impersonates any person or entity, including any of our employees or representatives.

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available to you or other authorized users of the Site. You shall not interfere with anyone else's use and enjoyment of the Site or other similar services. Users who violate systems or network security may incur criminal or civil liability.

You agree that we may, at any time and at our sole discretion, terminate your account or your access to the Site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other Sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

Disclaimer

THE MATERIALS MAY CONTAIN INACCURACIES AND ERRORS. PROVEST DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, MEMORANDUM OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, PROVEST MAKES NO WARRANTY THAT: (A) THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE MATERIALS WILL BE ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR, (D) THE QUALITY OF THE MATERIALS OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.

PROVEST RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE MATERIALS OR THE SITE. PROVEST MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.

THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF ACCURACY, MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS OR SUITABILITY FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Third-Party Sites

As a convenience to you, PROVEST may provide, on this Site, links to Web sites operated by other entities. If you use these links, you will leave this Site. If you decide to visit any linked site, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. PROVEST takes no responsibility for, and makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that PROVEST or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of PROVEST or any of its affiliates or subsidiaries.

External Links to the Site

All links to the Site must be approved in writing by PROVEST.

Information Provided By You

Any personally identifiable information you may provide to PROVEST via this Site is protected by the Privacy Notice associated with this Site. Except for information sent through the Tracker or PSO Login, PROVEST does not want you to, and you should not, send any confidential or proprietary information to PROVEST via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to PROVEST: (i) will be true and accurate; (ii) will be maintained and updated to keep it current, complete and accurate; and, (iii) will not be considered confidential or proprietary. By providing any such information or materials to PROVEST, you grant to PROVEST an unrestricted, irrevocable, worldwide, royalty-free license and fully paid-up right to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that PROVEST is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to PROVEST. You further recognize that PROVEST does not want you to, and you warrant that you shall not, provide any information or materials to PROVEST that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary or confidential material of another. By providing any information or materials discussed in this section to PROVEST you agree to hold PROVEST harmless and indemnify PROVEST for any damages caused by your having provided such information or materials to PROVEST.

Intellectual Property Violations

PROVEST respects the intellectual property of others and asks you to do the same. If you or any user of this Site believes its copyright, trademark, or other property rights have been infringed by a posting on this Site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. identification of the copyrighted work claimed to have been infringed;
  3. Information reasonably sufficient to permit PROVEST to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit PROVEST to locate the materials;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), PROVEST's Designated Agent for notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.

Designated Agent for Claimed Infringement:

PROVEST, LLC
4520 Seedling Circle
Tampa, Florida 33614
Attn: LEGAL DEPARTMENT
Telephone: (813) 877-2844

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, PROVEST may immediately remove the identified materials from the Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

Limitation of Damages

IN NO EVENT SHALL PROVEST OR ANY OF ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM), THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF PROVEST IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Changes

PROVEST reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms in whole or in part, at any time, without notice. Change to these Terms will be effective when notice of such change is posted. You acknowledge and agree that it is your responsibility to review the Site and these Terms periodically and to be aware of any changes in these Terms. Your continued use of the Site after any changes to these Terms are posted will be considered acceptance of those changes and your agreement to be bound by them.

PROVEST may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time, without prior notice, and without liability. PROVEST may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. PROVEST may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials.

International Users

This Site is controlled, operated and administered by PROVEST from its offices within the United States of America. PROVEST makes no representation that materials on this Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of U. S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.

Indemnification

You agree to indemnify, defend, and hold PROVEST and its affiliates harmless from all liabilities, claims, and expenses, including attorneys' fees and costs, that arise from your use or misuse of the Site or Materials. PROVEST reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with PROVEST in asserting any available defenses.

Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. You may not transfer or share your account with anyone, and PROVEST reserves the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof. You are solely responsible for all use of your password and account, including unauthorized use.

Export Controls

Materials available on or through this Site are subject to United States Export Controls. No Materials from this Site may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using the Materials, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Termination of Use

You agree that PROVEST may, in its sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your access and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the Site and Materials immediately ceases, and you acknowledge and agree that PROVEST may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Site. PROVEST shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

Governing Law

This Site (excluding any linked sites) is controlled by PROVEST from its offices within the State of Florida, United States of America. It can be accessed from all fifty states, as well as from other countries around the world. As each of these places has laws that may differ from those of Florida, by accessing this Site PROVEST and you both agree that the statutes and laws of the State of Florida, without regard to the conflict of laws principles thereof, will apply to all matters relating to the use of the Site and Materials. PROVEST and you both agree and submit to the exclusive personal jurisdiction and venue of the state and federal courts sitting in Hillsborough County, Florida, as applicable, with respect to such matters and any other dispute relating to the Site or Materials. In any action to enforce these terms, the prevailing party will be entitled to attorneys' fees and costs. Any cause of action brought by you against PROVEST or its affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

Severability

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Waiver

Any failure by PROVEST to enforce or exercise any provision of these terms or related rights shall not constitute a waiver of that right or provision.

Entire Agreement

These Terms constitute the entire agreement between PROVEST and you with respect to your use of the Site and Materials.

Copyright and Trademark Information

PROVEST, the PROVEST logo and all other trademarks, unless otherwise noted, are owned or licensed by PROVEST. All other brand names, product names, or trademarks belong to their respective holders.