Website Terms and Conditions of Use

and Privacy Policy

 

Welcome to Pro Pad Inc!

ACCEPTANCE OF TERMS

By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms and Conditions of Use”).  We reserve the right, at our discretion, to update or revise these Terms and Conditions of Use.  Please check the Terms and Conditions of Use periodically for changes.  Your continued use of this site following the posting of any changes to the Terms and Conditions of Use constitutes acceptance of those changes.  If you are not in agreement with our terms and conditions, then you should refrain from further use of our site.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "User", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions.  "The Company", “Ourselves”, “We”, “Our” and "Us", refers to our Company.  “Party”, “Parties”, or “Us”, refers to both the User and ourselves or either the User or ourselves.  All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the User in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the User’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of the United States.  Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

 

DESCRIPTION OF SERVICE

Pro Pad Inc.’s Website (“Pro Pad”) provides users with a collection of on-line resources including online shopping and an assortment of interactive features (the "Service").  Unless explicitly stated otherwise, any new features that augment or enhance the Service shall be subject to the Terms and Conditions of Use.  You understand and agree that the Service is provided "AS-IS" and that Pro Pad assumes no responsibility for the timeliness, deletion, misdelivery or failure of the Service.

 

USER CONDUCT AGREEMENT

You agree to abide by all terms contained on Pro Pad's website and not to use this site for any unlawful purpose.

 

USER COMMENTS & REVIEWS

We welcome your comments about our Website.  However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively "Comments") sent to our Website shall be and remain the exclusive property of Pro Pad.  Your submission of any such Comments shall constitute an assignment to Pro Pad of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments.  Pro Pad will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way.  For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

This site offers the opportunity for users to post opinions, information, material and data ('Reviews') about Pro Pad products.  Product reviews may not necessarily reflect the views or opinions of Pro Pad Inc., its agents or affiliates.  Reviews reflect the view and opinion of the person who posts such view or opinion.  To the extent permitted by applicable laws, Pro Pad Inc. shall not be responsible or liable for the Reviews or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Reviews on this website.

Pro Pad reserves the right to monitor all Reviews and to remove any Reviews which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.

You warrant and represent that:

  1. You are entitled to post the Reviews on our website and have all necessary licenses and consents to do so.

  2. The Reviews do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party.

  3. The Reviews do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy.

  4. The Reviews will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant to Pro Pad Inc. a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments or Reviews in any and all forms, formats or media.

 

THIRD PARTY SITES & LINKS

This site does not currently maintain nor actively collect links that will send you to other sites on the Internet.  Pro Pad reserves to right to maintain and collect links to other sites at its discretion.  Because Pro Pad has no control over such sites and resources; you acknowledge that Pro Pad is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites.  The inclusion of such a link does not imply endorsement of the site by Pro Pad or any association with its operators.

PRO PAD’S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws.  Except as expressly authorized by Pro Pad, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.  Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.  Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Pro Pad is prohibited.  In addition, use of the content or materials for any purpose not expressly permitted in these Terms and Conditions of Use is prohibited.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of Pro Pad. Permission is granted only when certain limited criteria are met.  E-mail info@thepropad.com for information and to request such permission.

 

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK.

  2. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE.

  3. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

  4. PRO PAD, ITS AFFILIATESAND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

  5. NO ADVICE, INFORMATION, OR COMMUNICATAION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PRO PAD OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS OF USE.

  6. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.



LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL PRO PAD, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE.  THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PRO PAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, PRO PAD’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Pro Pad and its affiliates, affiliated companies, co-branders, other partners, and their employees, contractors, officers and directors from all liabilities, claims and expenses, including attorney's fees, that arise from your use or misuse of this site.  Pro Pad 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 Pro Pad in asserting any available defenses.

 

INTERNATIONAL USE

Pro Pad makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.  Those who choose to access this site from other locations do so by their own initiative and are responsible for compliance with local laws.

 

CHOICE OF LAW AND FORUM

These Terms of Use shall be governed by and construed in accordance with the laws of the State of North Carolina, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the State of North Carolina, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

 

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Pro Pad with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Pro Pad with respect to this site. 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.

 

PRIVACY POLICY

Pro Pad is committed to respecting your privacy and recognizing your need for appropriate protection and management of contact information you share with us (the phrase contact information means any information by which you can be contacted or identified, such as your name, mailing address, email address, telephone number, etc.).  The purpose of this Privacy Policy is to inform you what information we may collect from you, how we use such information, and the choices you have regarding our use of, and your ability to review, correct and opt out of our use of, the information.  This Privacy Policy applies to information we collect about you in our office/store and through our websites and mobile applications.  By using any of our websites, mobile applications, or sharing your contact information with us, you are accepting and consenting to the practices described in this Privacy Policy.

As a part of our commitment to your privacy, Pro Pad will (1) provide customers with notice of their ability to opt out of information rental, sale, or exchange with other marketers; (2) honor customers' requests not to share their contact information with other marketers; and (3) honor customers' requests not to receive mail, telephone, or other solicitations from Pro Pad.

 

COLLECTING INFORMATION ABOUT YOU

There may be times (such as when you purchase or order a product, subscribe to a service, register to receive catalogs, or to participate in contests, sweepstakes or promotions, etc.) when we ask you to provide certain contact information about yourself, such as your name, shipping/billing address, telephone number, email address, social media user name, credit card information, birth date, gender, occupation, personal interests, and other information.  We may also maintain a record of your product purchases.

Whether or not to provide such information is completely your own choice.  But if you choose not to provide the information we request, you may be unable to purchase products, or access certain services, offers and content on our website.  In addition, we may need to contact you via phone, email or mail to address questions or issues specific to your order, entry, etc., even if you have opted to not receive marketing communications from us.

In general, you can visit our web pages without telling us who you are or revealing any contact information about yourself.  We may track the Internet domain address from which people visit us and analyze this data for preferences, trends, and site usage statistics, but individual users will remain anonymous, unless you voluntarily tell us who you are.  We may also receive anonymous usage data from your mobile phone or other device you use to access our websites or our mobile applications, including location data.

If you access any of our websites or mobile applications with your log-in credentials from a social networking site (i.e. facebook or twitter) or if you otherwise agree to associate your account with us with a social networking site, we may receive personal information about you from such social networking site, in accordance with the terms of use and privacy policy of the social networking site. We may add this information to the information we have already collected from you via our stores, websites and mobile applications.

 

USE OF INFORMATION COLLECTED

Pro Pad may collect and may make use of personal information to assist in the operation of our website and to ensure delivery of the services you need and request.  At times, we may find it necessary to use personally identifiable information as a means to keep you informed of other possible products and/or services that may be available to you from http://www.propadonline.com.  Pro Pad may also be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current or potential future services that may be offered.

Pro Pad does not now, nor will it in the future, sell, rent or lease any of our customer lists and/or names to any third parties.

Pro Pad may deem it necessary to follow websites and/or pages that our users may frequent in an effort to glean what types of services and/or products may be the most popular to customers or the general public.

Pro Pad may disclose your personal information, without prior notice to you, only if required to do so in accordance with applicable laws and/or in a good faith belief that such action is deemed necessary or is required in an effort to:

•  Remain in conformance with any decrees, laws and/or statutes or in an effort to comply with any

process which may be served upon Pro Pad and/or our website;

Maintain, safeguard and/or preserve all the rights and/or property of Pro Pad;

  • Perform under demanding conditions in an effort to safeguard the personal safety of users of http://www.propadonline.com and/or the general public.

In certain instances we may disclose your contact information when we have reason to believe that it is necessary to identify, contact or bring legal action against persons or entities who may be causing injury to you, to Pro Pad or to others.  We may also disclose your contact information when we believe the law or legal process requires it.

 

UNSUBSCRIBE OR OPT-OUT

We want to communicate with you only if you want to hear from us.  If you prefer not to receive direct marketing from us by way of email or newsletters, please let us know by calling us at 800-403-2714 or sending us an email at info@thepropad.com.  Please be sure to include your full name, email address, mailing address, and specifically what information you do not want to receive.  If you would like to update or correct your email address, mailing address or other contact information with us please contact us the same way.

You may also click the designated Unsubscribe link at the bottom of all marketing emails to be removed from future email updates.

Please note that any requests to remove or update your contact information may take up to five days from your email or phone request to take effect.

 

COOKIES

When you visit our website, we send one or more cookies to your computer or other device.  We may also use cookies in emails that you receive from us.  A cookie is a small data file that is placed on the hard drive of your computer when you visit a website.  A session cookie expires immediately when you end your session (i.e., close your browser).  A persistent cookie stores information on the hard drive so when you end your session and return to the same website at a later date the cookie information is still available.  Generally, we use cookies to improve the quality of our service when you visit our website and other websites of interest to you.  We also use cookies to remind us of who you are, tailor our products, services and advertising to suit the personal interests of you and others, estimate our audience size, assist our online merchants to track visits to and sales at our websites and to process your order, track your status in our promotions, contests and sweepstakes, and/or analyze your visiting patterns.

Some of our Service Providers may use cookies and collect information on our behalf.  In connection with the services that they provide to us, some of our Service Providers may also work with third parties who may use cookies to collect anonymous information to tailor advertising for you and others elsewhere on the Internet.  These third parties do not have access to any contact information about you. If you would like to opt out of accepting cookies altogether, you can generally set your browser to not accept cookies or to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it.  However, certain features of our websites or other services may not work if you delete or disable cookies.

 

SECURITY

We maintain physical, electronic, and procedural safeguards to protect the confidentiality and security of information transmitted to us.  To guard your information delivered to us electronically, our websites use Secure Sockets Layer (SSL).  SSL encrypts your credit card number, name and address so only we are able to decode your information.  Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure.  As a result, while we strive to protect your contact information, to the extent permitted by law, we do not guarantee or warrant the security of any information you transmit to or from our websites, and you do so at your own risk.

We urge you to keep any password that you establish with us in a safe place and not to divulge it to anyone.  Also remember to log off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place.

POLICY CHANGES

If we decide to change our privacy policy in whole or in part, we will inform you by posting a notice on our websites, as applicable. Those changes will go into effect on the effective date posted in the notice and at the end of the revised Privacy Policy.  The new policy will apply to all current and past users of our websites and will replace any prior policies that are inconsistent.  Your continued use of our websites or other services constitutes your acceptance of the practices described in the revised Privacy Policy.

 

HOW TO CONTACT US

If you have any questions or concerns regarding the Terms & Conditions or Privacy Policy related to our website, please feel free to contact us at the following email, telephone number or mailing address.

Email:  info@thepropad.com

Telephone:  1-800-403-2714

Mailing Address:

Pro Pad Inc.

148 Cedar Pointe Dr, Ste 102

Mooresville, NC  28117