Your access to and use of the Site is subject to these Terms and Conditions and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms and Conditions.
1. Assume that everything you see or read on the Site is protected by copyright unless otherwise noted and may not be used except as expressly provided in these Terms and Conditions without ProStor Systems’ prior written permission. ProStor Systems neither warrants nor represents that your use of materials displayed on the Site will not infringe the rights of third parties not owned by or affiliated with ProStor Systems.
2. ProStor Systems uses reasonable efforts to include accurate and up to date information in the Site; however, ProStor Systems makes no warranties or representations as to its accuracy. ProStor Systems assumes no liability or responsibility for any errors or omissions in the content of the Site.
3. Your use of the Site is at your own risk. Neither ProStor Systems nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. ProStor Systems also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
4. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Subject to ProStor Systems’ privacy policy applicable to the Site, anything you transmit or post may be used by ProStor Systems or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, ProStor Systems is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
5. Images of people or places displayed on the Site are either the property of, or used with permission by, ProStor Systems. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
6. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks used by ProStor Systems, or other third parties as may be indicated. Nothing contained on the Site should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of ProStor Systems or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks or any other content on the Site, is strictly prohibited, except as specifically authorized in these Terms and Conditions. You are advised that ProStor Systems will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. ProStor and RDX are registered trademarks of ProStor Systems, Inc. The ProStor logo is a trademark of ProStor Systems, Inc. All other trademarks are property of their respective owners.
7. ProStor Systems has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or links to any other sites. Viewing all other sites is at your own risk.
8. ProStor Systems is under no obligation to monitor postings or transmissions to or about the Site and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. ProStor Systems will fully cooperate with any law enforcement authorities or court order requesting or directing ProStor Systems to disclose the identity of anyone posting any such information or materials.
9. Software from this Site may be subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, 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.
10. ProStor Systems may at any time revise these Terms and Conditions by updating this posting and may also make changes to the content or any links at anytime. You are bound by any revisions and should therefore periodically visit this page to review Terms and Conditions to which you are bound.
Limitation of Liability
In no event will ProStor Systems, its suppliers, 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) arising out of the use, inability to use, or the results of use of this site, any websites 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 ProStor Systmes has been 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 these limitations or exclusions may not apply to you.
