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Terms and Conditions

Updated: June 2008

PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE (“Terms”) BEFORE USING THIS SITE. By continuing to access or use this site or any service on this site, you signify your acceptance of the Terms. From time to time, ProTech Compliance, Inc. (“ProTech”) may modify the Terms. Accordingly, please continue to review the Terms whenever accessing or using this site. Your use of this site, or any service on the site, after the posting of modifications to the Terms will constitute your acceptance of the Terms, as modified. If, at any time, you do not wish to accept the Terms, you may not use the site. Any terms or conditions proposed by you that are in addition to or which conflict with the Terms are expressly rejected by ProTech and shall be of no force or effect.

1. User Assent to Terms and Conditions of Service. You represent that you have read and agree to be bound by the Terms for www.protechcompliance.com. You further agree: (i) to comply with applicable U.S. federal, state, local, and foreign laws and regulations regarding the transmission of any data obtained from the Service (as defined herein) in accordance with the Terms; (ii) not to use the Service for illegal purposes; and (iii) not to interfere or disrupt networks connected to the Service.

2. Disclaimer. All content provided on this site is based upon information which we believe to be reliable and should be understood to be general information only. It is not intended to be taken as advice with respect to any individual situation and cannot be relied upon as such.

3. Intellectual Property. This site, including but not limited to text, content, photographs, video, audio and graphics (including all such information provided by ProTech in response to any request through this web site) (collectively, the “Service”), is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Service are also copyrighted works. The trademarks, service marks, trade names, trade dress, logos, designs, and sounds associated with this site are owned by ProTech, or third parties who have authorized their use. You agree to abide by all applicable copyright, trademark, and other laws, as well as any additional copyright notices or restrictions contained in the Service. You agree to notify ProTech in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party.

4. Restrictions on Use. You may not use the Service for any illegal purpose or in any manner inconsistent with the Terms. You agree to use the Service solely for your personal use and benefit or that of your organization, and not for use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute or dispose of any information contained in the Service in any manner that could compete with the business of ProTech. You further acknowledge and agree that any and all reports or other materials provided to you by ProTech and/or its affiliates are and shall remain confidential. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by ProTech and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of ProTech and such others. You agree to protect the proprietary rights of ProTech and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by ProTech or its suppliers of content, equipment or otherwise (“Suppliers”) to protect their and others’ contractual, statutory and common law rights in the Service. You agree to notify ProTech in writing promptly upon becoming aware of any unauthorized access or use of the Service, or disclosure of reports or other information by you or any other party, or of any claim that the Service infringes upon any copyright, trademark or other contractual, statutory or common law rights.

5. Further Restrictions on Use. You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit or in any way exploit any part of the service, except that you may download material from the service and/or make print copies for use by you and/or within your organization, provided that all copies retain all copyright and other proprietary notices. Modification of the service's content would be a violation of ProTech’s copyright and other proprietary rights. Additionally, you may not offer any part of the service for sale or distribute it over any other medium without the prior written consent of ProTech. The service and the information contained therein may not be used to construct a database of any kind. Nor may the service be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database services containing all or part of the service. You may not use the service in any way to improve the quality of any data sold or contributed by you to any third party. Furthermore, you may not use any of ProTech’s names or marks in any manner that creates the impression such names or marks belong to or are associated with you or imply any endorsement by ProTech, and you acknowledge that you have no ownership rights in and to any of these names or marks. You will not use the service, the information contained therein or any of ProTech’s names or marks in unsolicited mailings or spam material and will not spam or send unsolicited mailings to any person or entity using the service.

6. License. You acquire no rights or licenses in or to the Service and materials contained therein other than the limited right to utilize the Service in accordance with these Terms.

7. Linking And Framing. ProTech prohibits caching this site, unauthorized hypertext links to this site, and the framing of any materials available through this site. ProTech reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the contents of any other Internet sites linked to this site. Other Internet sites which are linked to this site have their own terms and conditions of use and privacy policies. Access to any other Internet sites linked to this site is at your own risk and ProTech expressly disclaims any and all liability related to such sites.

8. Rights Reserved. All present and future rights in and to trade secrets, patents, copyrights, trade names, trademarks, service marks, databases, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service shall, as between you and ProTech, at all times be and remain the sole and exclusive property of ProTech. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to ProTech.

9. Disclaimer and Limitation of Liability. You agree that your use of the service is at your sole risk and acknowledge that the service and anything contained therein, including, but not limited to, content, services, goods or advertisements (the “items”) are provided “as is” and that ProTech makes no warranty of any kind, express or implied, as to the items, including, but not limited to, merchantability, noninfringement, title or fitness for a particular purpose or use. ProTech does not warrant that the service is compatible with your equipment or is free of errors or viruses, worms or “trojan horses” and is not liable for any damage you may suffer as a result of such destructive features. You agree that ProTech, its suppliers and its third-party agents shall have no responsibility or liability for: (i) any injury or damages, whether caused by the negligence of ProTech, its employees, subcontractors, agents, suppliers or otherwise arising in connection with the service; or (ii) any fault, inaccuracy, omission, delay or any other failure in the service caused by your computer equipment or arising from your use of the service on such equipment. The content of other web sites, services, goods or advertisements that may be linked to the service is not maintained or controlled by ProTech. ProTech is therefore not responsible for the availability, content or accuracy of other web sites, services or goods that may be linked to, or advertised on, the service. ProTech does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the service; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other web sites, services, goods or advertisements that may be linked to the service; or (c) make any endorsement, express or implied, of any other web sites, services, goods or advertisements that may be linked to the service. ProTech is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the service. You understand that ProTech and/or third-party contributors to the service may choose at any time to inhibit or prohibit their content from being accessed under the terms.

10. Limitation of Liability. You agree that under no circumstances, including but not limited to negligence, shall ProTech, its suppliers or its third-party agents be liable to you or any third party for direct, indirect, incidental, consequential, special, punitive or exemplary damages even if an authorized representative of ProTech has been advised specifically of the possibility of such damages, arising from use of or inability to use the service or any links or items on the service or any provision of the terms, such as, but not limited to, loss of revenue or anticipated profits or lost business. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, unauthorized access, or any force majeure. ProTech cannot and does not guarantee continuous, uninterrupted or secure access to the site.

11. Representations and Warranties. You represent, warrant and covenant that you: (i) have the power and authority to enter into this agreement; (ii) are at least eighteen (18) years old; (iii) shall not use any rights granted hereunder for any unlawful purpose; and (iv) shall use the site and the Service only as set forth in these Terms.

12. Indemnification. You agree, at your own expense, to indemnify, defend and hold harmless ProTech and its employees, representatives, Suppliers and agents, against any claim, suit, action or other proceeding, to the extent based on or arising in connection with your use of the Service, or any links on the Service, including, but not limited to: (i) your use or someone using your computer's use of the Service; (ii) a violation of the Terms by you or anyone using your computer; (iii) a claim that any use of the Service by you or someone using your computer infringes any copyright, trademark, or other intellectual property right of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (iv) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer; or (v) any misrepresentation or breach of representation, warranty or covenant made by you contained herein. You agree to pay any and all costs, damages and expenses (including reasonable attorneys’ fees) and costs awarded against or incurred by or in connection with or arising from any such claim, suit, action or proceeding.

13. Governing Law. These Terms shall be governed and construed in accordance with the laws of the United States of America and the Commonwealth of Pennsylvania, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in Allegheny County, Pennsylvania with respect to any legal proceedings arising out of this agreement and waive any objection to the propriety or convenience of venue in such courts. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this site or these terms and conditions must be filed within one (1) year after such claim or cause of action arose. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be enforced to the maximum extent permissible and the other provisions of the Terms shall remain in full force and effect.

14. Release. IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF THE VENDORSTAT SITE OR SERVICE, YOU HEREBY RELEASE VENDORSTAT, ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, MANAGERS, AGENTS, AND EMPLOYEES FROM ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

15. Miscellaneous. You acknowledge that ProTech has the right to change the content or technical specifications of any aspect of the Service at any time at ProTech's sole discretion. You further accept that such changes may result in your being unable to access the Service.

16. Official Correspondence. Official correspondence must be sent via postal mail to:

ProTech Compliance, Inc.
650 Smithfield Street
Centre City Tower, Suite 2020
Pittsburgh, PA 15222-3912