(Revised June 21, 2001)
Pro Pad, Inc. is a North Carolina corporation that operates
the Pro Pad, Inc. website at www.thepropad.com. This agreement
outlines our Privacy, Security, and Anti-Spam policies.
Index to this Agreement:
A. PRIVACY STATEMENT
B. REQUIREMENTS FOR ORDERING PRO PAD, INC. PRODUCTS
C. RELATIONSHIP WITH PRO PAD, INC.
D. ANTI-SPAM POLICY
E. PRO PAD, INC. TRADEMARK/SERVICEMARK USAGE POLICY AND LICENSE
F. FORCE MAJEURE
G. GOVERNING LAW AND OTHER LEGAL TERMS
H. UPDATES TO THIS AGREEMENT
I. CONTACTING PRO PAD INC.
J. PRO PAD, INC. TRADEMARK/SERVICEMARK USAGE POLICY AND LICENSE
K. DISCLAIMER OF WARRANTIES
L. LIMITATION OF LIABILITY
M. FORCE MAJEURE
N. GOVERNING LAW AND OTHER TERMS
O. UPDATES TO THIS AGREEMENT
P. CONTACTING PRO PAD, INC.
A. PRIVACY STATEMENT - We hope the following statement will help
you understand how Pro Pad, Inc. collects, uses and safeguards the
personal information you provide to us on our Web sites.
Security - Our sites have security measures in place to protect the
loss, misuse and alteration of the information under our control.
We use industry standard procedures and processes to safeguard the
confidentiality of your identifiable personal information. We use
the Secure Socket Layer (SSL) encryption standard to communicate
sensitive user information. When you submit information about
yourself to us over the Internet the information may travel over
many systems that are not under our control. The Internet is not
100% secure and others may intercept the information that you are
sending. One easy way to protect your personal information is to
guard your personal information and close your browser and Personal
Window when you step away from your computer.
Information Collection - When you browse any Pro Pad, Inc. owned site
we do not collect any
personal information such as your name, address, phone number or E-
mail address, as you browse. Like all web sites, we maintain
webserver logs, which receive information about our visitors,
including source IP address, type of web browser, operating system,
and the time of all requests made. We do this in order to continue
to deliver our consistently high level of service and to perform
necessary maintenance as required. We do not share this information
with any third party Furthermore, we do not collect information on
web sites you visit other than our own.
Cookies - Our sites do not currently use cookies, but may in the future.
This policy will be updated at such time. A cookie is a piece of text that
can be stored on your computer. Cookies store information on your
computer where it can only be retrieved by the same service at a
later time. Cookies are standard usage in the Internet Commerce
industry to make services more convenient and personalized. The
cookie(s) we will use in the future will not store or identify you directly with
personal information but they may identify you with a code.
Cookie Usage - Information, such as your source IP address, type of web
browser, operating system, and whether you responded to a banner ad
or E-mail will be collected and tracked in aggregate sometime in the future.
Information Usage - We use personal information to:
* Provide services to eligible persons
* Measure interest in various Pro Pad, Inc. products and other
offerings
* Gather demographic information about patterns and trends of usage
* Diagnose and solve problems with our server, network or other
technology
* Process earnings from product sales on from our site
* Measure response rates to banner ads and E-mail offers, and
* Perform other service-related functions.
We will in the future use cookies (as described above) to accurately reference
information regarding your usage and referrals, in order to do these things.
Surveys - If you have given us your E-mail address, or have done so
in the past, we may send you E-mail surveys and offers as well. You
may be asked to share other information with us in order to
participate in our online surveys. Our surveys may ask you
voluntarily to provide contact information (like your E-mail
address) and/or unique identifiers. We may run contests and promotions on our
site in which we ask you for additional information that is used as
described above.
How to Limit Usage - You may opt-out of receiving future mailings
from Pro Pad, Inc. (see the Choice/Opt-Out section below).
Choice/Opt-Out - In order to remove your personal information from
our database, decline to receive all or certain types of future
communications please email [email protected].
Pro Pad, Inc. sites contain links to other web sites. We
are not responsible for the privacy practices or the content of any
such sites.
Changes and Notice - This statement may be revised over time as new
features are added to our web sites. We will post those changes
prominently so that you will always know what information we
gather, how we might use that information, and whether we will
disclose it to anyone.
Contacting Pro Pad, Inc. - If you have any questions about this
privacy statement, the practices of this site, or your dealings
with Pro Pad, Inc., or wish to give us feedback on our Privacy
Policies, you can contact:
PRO PAD Inc.
148 Cedar Pointe Dr., Suite 102
Moorseville, NC 28117
You may also give us your feedback via email at:
[email protected]
B. REQUIREMENTS FOR ORDERING PRO PAD, INC. PRODUCTS -
To order Pro Pad, Inc. products online, you must meet the following
requirements. Pro Pad, Inc. may refuse to accept any orders for
any reason or for no reason. Pro Pad, Inc. may
terminate the order of anyone who fails to meet these
requirements:
Accurate Information - You must provide Pro Pad, Inc. with valid
contact and residence information. If Pro Pad, Inc. requires additional
information in order to comply with applicable laws, you must also
provide that information on request.
Authorized Territories - If you reside in a territory to which the
laws and/or regulations of the United States of America prohibit
our export, your order will not be fulfilled. Based on such laws,
regulations and rulings made from time to time by various parts of
the US Government, and other considerations, we will determine, in
our sole discretion, the territories to which we will deliveries.
Legal Compliance - You agree to comply with all local, state,
province, country, regional or international laws that may be
applicable to your use of the Internet.
C. RELATIONSHIP WITH PRO PAD, INC. -
Your relationship to Pro Pad, Inc. is solely that of a customer.
No Guarantee of Usability or Compatibility With Other Programs - We
do extensive testing on multiple hardware and software platforms in
a variety of environments in order to assure proper operating conditions
of our site(s). However, the Pro Pad, Inc. site(s) are not guaranteed
to be usable in all environments or configurations.
Consequences of Tampering - Upon discovery of any such simulating,
faking, falsifying, or tampering with the site(s) of Pro Pad, Inc. may result in
legal action against you.
No Pro Pad, Inc. Liability - You agree not to hold Pro Pad, Inc. liable
for any loss or damage of any kind incurred through dealings with
merchants or advertisers with whom you interact as a result of
banner ads on our site(s), or because of the content provided by
merchants or advertisers through these other sites.
D. ANTI-SPAM POLICY -
Pro Pad, Inc. will not send you unsolicited emails.
Our customers are expected to adhere to the same policies in regards to
Pro Pad, Inc.
Definition of Spam - Usenet and message board spam are messages
sent or posted which are unrelated to the topic of discussion of
the particular news group or message board. A message is considered
unsolicited if it is sent to a recipient who has not requested or
invited the message or if it is posted in violation of a newsgroup
charter.
Sending spam also includes mentioning a Pro Pad, Inc. e-mail
address or URL in a bulk message to people you don't know, or
including these addresses or URLs on a bulk-advertised web page.
You may not hide behind throwaway web pages or fax-response front
ends. You must not send unsolicited mass mailings which in any way
involve or refer to the use of a Pro Pad, Inc. or website,
equipment or any electronic mail address.
Termination for Abuse - We will terminate your orders of the Pro Pad, Inc.
products in our reasonable opinion you have violated
these guidelines. If your order is terminated for spamming or
other violation of any of the terms of this Agreement, you will
forfeit all future ordering. In addition, you may be subject to state
and federal penalties and other legal consequences under applicable law.
Further, Pro Pad, Inc. may seek to hold you liable for damages, to or penalties
assessed on, Pro Pad, Inc. because of your activities.
Reporting Abuse - To report spam to us, please
send an email message to [email protected]. Be sure to include
a copy of the email with full message headers or Usenet message.
E. PRO PAD, INC. TRADEMARK/SERVICEMARK USAGE POLICY AND LICENSE -
Pro Pad, Inc. grants visitors to the site(s) of Pro Pad, Inc. the
limited license to use the Pro Pad, Inc. name, logo and banners
("Pro Pad, Inc.") on other websites, exclusively for the
purpose of linking legitimate referrals to the Pro Pad, Inc. site(s)
and only in compliance with this policy. Pro Pad, Inc. may revoke
this limited license, or any part of it, at any time for any
reason. Any use of the Pro Pad, Inc. Marks in a manner that implies
Pro Pad, Inc. sponsorship of any website, product or services is
strictly prohibited. Improper use of the trademarks and/or trade
name of Pro Pad, Inc. is strictly prohibited and Pro Pad, Inc. may
result in legal action.
Prohibited Usage - If a member displays Pro Pad, Inc. Marks on a
website, or elsewhere, where there is content that may tarnish the
reputation of Pro Pad, Inc. or is otherwise objectionable to
Pro Pad, Inc., Pro Pad, Inc. may seek legal action. Material that
Pro Pad, Inc. considers objectionable and which may not be displayed
with the Pro Pad, Inc. Marks includes, but
is not limited to, content that:
* Violates the intellectual property rights or other rights of any
third party
* Contains or promotes defamatory, obscene, fraudulent, profane or
harassing communication;
* Replicates or "mirrors" all or part of the Pro Pad, Inc. website(s);
* Promotes violence, a drug culture, militant or extremist views;
* Promotes discrimination based on nationality, disabilities, race,
sex, religion or age; or
* Contains or promotes any unlawful activities or materials.
F. FORCE MAJEURE -
Pro Pad, Inc. will not be in default, or otherwise
liable, for any delay or failure in its performance under this
Agreement due to any act of God, or any governmental body, acts of
war, the elements, strikes or labor disputes, power or system
failures, failure of the Internet or an Internet Service Provider,
computer hacking, or other causes beyond the control of
Pro Pad, Inc..
G. GOVERNING LAW AND OTHER LEGAL TERMS -
This Agreement will be governed by the laws of the State of North Carolina,
United States of America, excluding (1) principles of conflicts of laws, and
(2) the United Nations Convention on Contracts for the International Sale
of Goods. Any action relating to this Agreement shall be brought in
the state or federal courts and you hereby submit to the jurisdiction and venue
thereof. You agree to comply with the laws of North Carolina and the
United States of America that apply to the use of the Pro Pad, Inc. website(s).
If the laws of your country, state, or province of residence prohibit or limit your
participation in the electronic commerce, it is your sole
responsibility for complying with such laws and you agree to
indemnify Pro Pad, Inc. against any breach by you.
If any part of this Agreement is held to be unenforceable, the
unenforceable part shall be given effect to the greatest extent
possible and the remainder of the Agreement will remain in full
force and effect.
No Assignment - This Agreement is personal to you and you may not
transfer, delegate, or assign this Agreement, other benefits you receive as a
member to anyone. If you attempt to assign or delegate this
Agreement, that attempt and this Agreement shall be null and void.
Pro Pad, Inc. may assign this Agreement at its sole discretion.
Entire Agreement - This Agreement constitutes the entire agreement
between you and Pro Pad, Inc. in connection with the Pro Pad, Inc. website(s)
and supersedes all prior agreements and terms whether
contained in an advertisement, agreement or other communication
between the parties regarding the subject matter contained herein.
H. UPDATES TO THIS AGREEMENT -
Because of the constantly evolving
nature of our business, Pro Pad, Inc. may be required to revise the
terms of this Agreement from time to time. We will post notice of
each revision via our website or notify you by email.
I. CONTACTING PRO PAD INC. -
If you have questions about this Agreement please
email the Pro Pad, Inc. at [email protected].
If you have feedback or comments, please send an email message to
[email protected] Due to the volume of email we receive, we
may not be able to respond to every message personally, although we
do read every message.
Please read these terms and conditions and our Privacy Policy and
Anti-Spam Policy carefully. The terms currently appearing here
supersede any prior terms between you and Pro Pad, Inc. whether
contained in an advertisement, agreement or other communication.
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