Terms of Service - PROTech Florida

PROTech PROSites Terms of Service

Please review the following agreement so you can understand the nature of the content that is allowable on PROSites (a website product of PROTech) and all terms and conditions. For information on our Privacy Policy, click here.

Terms and Conditions

The following terms and conditions govern all use of your PROSite and all content contained herein. A PROSite is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, PROSites Privacy Policy) and procedures that may be published from time to time on this Site (collectively, the “Agreement”).

Please read this Agreement carefully before accessing a PROSite. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you should not access the website. If these terms and conditions are considered an offer by PROSites, acceptance is expressly limited to these terms.

1. Your PROSite website. If you have a PROSite website, you are responsible for maintaining the security of your website, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You must not describe or assign keywords to your website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and a PROSite Web Manager may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause PROSites liability. You must immediately notify PROTech of any unauthorized use of your website, your account or any other breaches of security. PROTech will not be liable for any actsor omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors. If you operate a blog, comment on a blog, post material, post links, or otherwise make (or allow any third party to make) material available by means (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant
  that:
  - the downloading, copying and use of the Content will not infringe
    the proprietary rights, including but not limited to the copyright,
    patent, trademark or trade secret rights, of any third party;
  - if your employer has rights to intellectual property you create,
    you have either (i) received permission from your employer to
    post or make available the Content, including but not limited
    to any software, or (ii) secured from your employer a waiver as
    to all rights in or to the Content;
  - you have fully complied with any third-party licenses relating
    to the Content, and have done all things necessary to successfully
    pass through to end users any required terms;
  - the Content does not contain or install any viruses, worms,
    malware, Trojan horses or other harmful or destructive content;
  - the Content is not spam, is not machine- or randomly-generated,
    and does not contain unethical or unwanted commercial content
    designed to drive traffic to third party sites or boost the search
    engine rankings of third party sites, or to further unlawful acts
    (such as phishing) or mislead recipients as to the source of the
    material (such as spoofing);
  - the Content is not pornographic, libelous or defamatory (more
    info on what that means), does not contain threats or incite
    violence towards individuals or entities, and does not violate
    the privacy or publicity rights of any third party;
  - your website/blog is not getting advertised via unwanted electronic
    messages such as spam links on newsgroups, email lists, other
    blogs and web sites, and similar unsolicited promotional methods;
  - your website/blog is not named in a manner that misleads your readers
    into thinking that you are another person or company. For example,
    your website’s URL or name is not the name of a person other than
    yourself or company other than your own; and
  - you have, in the case of Content that includes computer code,
    accurately categorized and/or described the type, nature, uses
    and effects of the materials, whether requested to do so by PROTech or otherwise.

By submitting Content to a PROSite, you grant PROTech a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your website.
If you delete Content, PROSites will use reasonable efforts to remove it from our servers, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, PROSites has the right (though not the obligation) to, in PROSites’s sole discretion (i) refuse or remove any content that, in PROSites’s reasonable opinion, violates any PROSite policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the PROSite to any individual or entity for any reason, in PROSites’s sole discretion. PROSites will have no obligation to provide a refund of any amounts previously paid.

Fees and Payment. Optional paid services including Social Media Integration are available for PROSites. By selecting
a paid service you agree to pay PROSites the fees indicated for that service. Payments will be charged on the day you sign up for a paid service and will cover the use of that service for the period as indicated. Paid service fees are not refundable.
Paid Services.
- Fees; Payment. in exchange for the services and length of term agreed upon.
  PROSites reserves the right to adjust monthly fees for website accounts at any time without notice. Although we will make a reasonable effort to notify all website owners of cost increases. (Since you have option for paying annually, this will only affect the cost of monthly payment website owners). Paid services will not auto-renew for the next annual period unless agreed upon by the website owner at time of sign up.
- Support. There are support services available to website owners. However, PROTech, at its discretion
  (we love to keep customers happy!), may respond to support requests to provide additional assistance; however, we cannot guarantee issues will be resolved to your satisfaction.
Responsibility of Website Visitors. PROTech has not reviewed, and cannot review, all of the material, including computer software, posted to a website, and cannot therefore be responsible for that material’s content, use or effects. By hosting a PROSite, PROTech does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. A PROSite may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. PROSites may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.
PROTech disclaims any responsibility for any harm resulting from the use by visitors of a PROSite website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer
software, made available through a PROSite and webpages to which a PROSite links, and that link to a PROSite. PROTech does not have any control over those non-PROSites and webpages, and is not responsible for their contents or their use. By linking to a non-PROSite or webpage, PROTech does not represent or imply that it endorses such webpage.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. PROTech disclaims any responsibility for any harm resulting from your use of non-PROSite webpages.
Copyright Infringement and DMCA Policy. As PROTech asks others to respect its intellectual property rights, it respects
the intellectual property rights of others. If you believe that material located on or linked to by a PROSite violates your
copyright, you are encouraged to notify PROTech. PROTech will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. PROTech will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of PROTech or others. In the case of such termination, PROTech will have no obligation to provide a refund of any amounts previously paid to PROTech.
Intellectual Property. This Agreement does not transfer from a PROSite to you (website visitor) any PROSite or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with a PROSite. PROSites, PROTech, PROTechFlorida.com, the PROTechFlorida.com and PROSites logos, and all other trademarks, service marks, graphics and logos used in connection with PROTech PROSites, are trademarks or registered trademarks of PROTech or PROTech’s licensors.
Other trademarks, service marks, graphics and logos used in connection with a PROSite may be the trademarks of other third parties. Your use of a PROSite grants you no right or license to reproduce or otherwise use any PROTech/PROSite or third-party trademarks.
Changes. PROTech reserves the right, at its sole discretion, to modify or replace any part of this Agreement.
It is your responsibility to check this Agreement periodically for changes. Your continued use of or access of a PROSite following the posting of any changes to this Agreement constitutes acceptance of those changes. PROTech may also, in the future, offer new services and/or features (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. PROTech may terminate your access to all or any part of a PROSite at any time, with or without
cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your PROSite account (if you have one), you may simply discontinue visiting or using the website. Notwithstanding the foregoing, such account can only be terminated by PROTech if you materially breach this Agreement and fail to cure such breach within thirty (30) days from PROTech’s notice to you thereof. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. A PROSite website is provided “as is”. PROTech and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither PROTech nor its suppliers and licensors, makes any warranty that a PROSite will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, a PROSite at your own discretion and risk.
Limitation of Liability. In no event will PROTech, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use
or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to PROTech under this agreement during the twelve (12) month period prior to the cause of action. PROTech shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Accessibility. PROTech strongly recommends that you regularly audit your site to ensure you conform to all applicable laws and regulations pertaining to accessibility and compliance requirements with your website(s). PROTech does not guarantee accessibility or compliance and therefore has no responsibility if a legal claim occurs against you.
General Representation and Warranty. You represent and warrant that (i) your use of a PROSite will be in strict accordance with the PROTech PROSite Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of a PROSite will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification. You agree to indemnify and hold harmless PROTech, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of a PROSite, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between PROTech and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of PROTech, or by the posting by PROTech of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of a PROSite will be governed by the laws of the state of Florida, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Pinellas County, Florida. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be broughtin any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Pinellas County, Florida, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; PROTech may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Powered by PROTECH Link
Websites built by PROTECH and hosted on PROTech servers (i.e. PROSite websites) are required to display the a PROTECH link – either titled Powered by PROTECH or of the PROTECH logo – in the footer our client websites. The Powered by PROTECH link and/or PROTECH logo cannot be removed or changed without the express written consent from PROTECH management.

IDX Usage
The IDX utilized on a client’s PROSite can not be used on websites hosted on Non-PROTECH Servers.