PRC Website Terms and Conditions of Use Agreement
PRC MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO ANY SERVICES PROCURED BY YOU DIRECTLY OR INDIRECTLY FROM ANY MEMBER OR OTHER USER OF THIS SITE. You shall be solely responsible for your interactions with any members or other users of this Site and any other parties with whom you interact through this Site. You agree that PRC will not be responsible for any liabilities incurred by you as a result of such interaction. You further agree that PRC shall have no obligation to work to resolve any disputes between you and any other such third parties.
IN EXCHANGE FOR THE PRIVILEGE OF ACCESSING AND USING THIS SITE, YOU FURTHER AGREE TO RELEASE PRC AND ITS AFFILIATES FROM ANY CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE YOU MAY HAVE ARISING OUT OF YOUR USE OF THIS SITE OR WITH ONE OR MORE MEMBERS OR USERS OF THIS SITE.
Website Use. The User agrees to use this Site as permitted by applicable local, state, and federal laws. Additionally, the User agrees not to: 1) knowingly and without authorization, alter, damage, or destroy PRC’s computer system, network, software, website, program, documentation or data contained therein; 2) use this Site to conduct or attempt to conduct any business or activity or solicit the performance of any activity that is prohibited by law; or 3) download (other than page caching) or modify this Site or its software or any portion of it. Any action by the User that results in the blocking of access to this Site by other users or PRC will be deemed an unauthorized use. The license granted to the User to access this Site does not include any derivative use of the Site or its contents or software; any downloading or copying of account information or software for the benefit of anyone other than PRC; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of the Site may not be reproduced, duplicated, copied, sold, or resold. The User agrees not to frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form) of PRC without its express, written consent. The User agrees not to use any metatags or any other “hidden text” utilizing PRC’s names or tradenames, trademarks, or service marks without the express, written consent of PRC. The User agrees it is responsible for maintaining the confidentiality of its account and password and agrees to accept responsibility for all activities that occur under its account or password.
Health Information Disclaimer. THE SITE DOES NOT OFFER MEDICAL ADVICE. The Site’s content is not intended to be, and should not be interpreted as, a recommendation for a specific treatment plan, product, course of action or medical or healthcare provider. PRC does not endorse any product or service advertised on the Site. The User should not use the Site to diagnose a health or fitness problem or disease. Use of the Site does not substitute medical consultations with a qualified health or medical professional. The User exercises their own judgment when purchasing any product or selecting a physician through this Site and/or any third-party site, or when addressing the health and medical needs of the User or any other party. PRC disclaims all responsibility for the professional qualifications and licensing of, and services provided by, any physician or other health provider referred to on this Site and/or any third-party site. If the User suspects they are ill, they should visit with a physician or health professional. Never disregard the medical advice of a physician or health professional, or delay in seeking such advice, because of something the User reads on this Site.
NOTHING CONTAINED IN THE CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT OR TO PROMOTE OR RECOMMEND THE PURCHASE OR SELECTION OF ANY PRODUCT, SERVICE OR TO ENDORSE OR GUARANTEE THE QUALIFICATIONS, CREDENTIALS OR APPROPRIATENESS OF ANY HEALTH CARE PROVIDER LINKED TO OR ADVERTISED ON THIS SITE.
Monitoring of Use. By using this Site, the User expressly consents to administrative monitoring at all times. The User is further advised that system administrators may provide evidence of possible criminal activity identified during such monitoring to appropriate law enforcement officials. If the User does not consent to any monitoring, the User should exit this Site now.
Disclaimer. Commercially reasonable efforts have been taken by PRC to offer the most current, correct, and clearly expressed information available. Nevertheless, it is possible that errors in information posted may occur. In particular but without limitation to any portion of this Agreement, PRC disclaims any responsibility for inadvertent errors and the accuracy of any news, financial information, data, or other information that may be contained on any pages of this Site. The news, financial information, health information, data and other information included on this Site and servers owned by PRC have been compiled by PRC personnel from a variety of sources and is subject to change without notice to the User. PRC makes no warranties or representations of any kind regarding the quality, content, completeness, suitability, accuracy, adequacy, sequence, or timeliness of the content found on this Site.
Links to Third Parties’ Web Sites. The pages of this Site may currently or in the future include links to websites that are controlled or operated by third-parties. Any sites linked from this Site are not under PRC’s control (other than www.prccustomresearch.com, www.healthforecast.net, www.prcalertview.com, AND www.prceasyview.com). PRC assumes no responsibility or liability for any information, communications or materials at such sites, or at any link contained in a linked site. PRC does not intend any third-party links to be considered as referrals or endorsements of the linked entities or any products and/or services marketed by them and are provided for convenience only. Each third-party website has its own policies about what information is appropriate for public access. The User assumes sole responsibility for use of any third-party links and pointers.
Intellectual Property. All content on this Site, including, but not limited to, text, design, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, software, and code, and the compilation of all content on the Site, as well as all software used on this Site (the “Information”) is the sole property of PRC and is protected by United States and international copyright laws. Except as stated herein, none of the Information may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of PRC or the copyright owner. Permission to use the Information is granted, provided that (1) the copyright notice appears on all copies; (2) use of the Information is for informational and non-commercial or personal use only; (3) the Information is not modified in any way; and (4) no graphics available from this Site are used separate from accompanying text. This permission terminates automatically if you breach any of the terms or conditions of this Agreement. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without PRC’s permission, “mirror” any material contained on this Site on any other server.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on this Site are registered and unregistered Trademarks of PRC and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of PRC, or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions of Use, is strictly prohibited.
Confidentiality. The User recognizes that PRC may from time to time furnish to the User information of a proprietary or confidential nature (“Confidential Information”). The User shall (a) utilize Confidential Information only to the extent necessary in order to participate and/or assist in the discussions and business relationship contemplated by the User and PRC; (b) use the level of care the User employs in protecting the confidentiality of its own Confidential Information (but in no case less than reasonable care) to preserve and safeguard the proprietary or confidential nature of all Confidential Information; (c) not use the Confidential Information for competing with PRC or for any purpose other than participating and/or assisting in the discussions and business relationship contemplated by the User and PRC; and (d) not disclose to any person or entity (other than the User’s officers, directors, employees and advisors on a need-to-know basis) any Confidential Information except with PRC’s prior consent. Further, the User shall not reverse engineer, disassemble or decompile any prototypes, software, or other tangible objects that embody PRC’s Confidential Information.
The obligations under this provision are in addition to any obligations under any confidentiality or non-disclosure agreement entered into between PRC and the User. If the User has not entered into a confidentiality or non-disclosure agreement directly with PRC, then the User represents and warrants that the User has entered into a confidentiality or non-disclosure agreement with the party through which the User is accessing this Site and that the terms of such agreement are no less stringent than the terms of the non-disclosure agreement between said party and PRC.
The User acknowledges and agrees that any breach of this confidentiality provision would cause irreparable harm to PRC, and the User agrees that PRC may seek an immediate injunction against any actual or threatened breach of this provision without the necessity of posting a bond. Upon termination of the User’s relationship with PRC, the User agrees to immediately return or destroy all confidential information of PRC that is in its possession. These obligations to maintain confidentiality shall survive the termination of this Agreement.
Assumption of Risk. The User assumes all risks associated with his or her use of this Site and its individual pages. This risk includes but is not limited to any risk to the User’s computer, software or data being damaged by any virus, software, or other file which might be transmitted or activated via a webpage on the Site or the User’s access to it. PRC shall in no circumstance be liable for any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to lost profits or lost revenues, arising out of or in any way connected to the use or misuse of this Site, or from any information, lack of information, documents, software, services, or other material obtained through any use of this Site. The User also assumes any and all risk arising out of the use of this Site, whether based on contract, tort, strict liability, or otherwise, even in the event that PRC and/or any of its employees, affiliates, or agents have been advised of the possibility of damages of any sort. PRC shall not be liable for any loss or injury caused in whole or in part by its actions, omissions, or contingencies beyond its control, including in procuring, compiling, displaying, or delivering the information, or arising out of any errors, omissions, or inaccuracies in the information regardless of how caused, or arising out of any user’s decision, or action taken or not taken in reliance upon the information or lack of information furnished. NOTWITHSTANDING ANYTHING SET FORTH HEREIN TO THE CONTRARY, PRC’S CUMULATIVE LIABILITY TO USER OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR USER’S USE OF THE SITE SHALL NOT EXCEED $100.
Forbidden Uses. UNDER NO CIRCUMSTANCE SHALL THE USER ACCESS OR ATTEMPT TO ACCESS PRC’S COMPUTER SYSTEM, COMPUTER NETWORK, OR ANY PART THEREOF FOR THE PURPOSE OF EXECUTING ANY OPERATION TO DEFRAUD OTHERS, COMMIT THEFT, OR VIOLATE ANY LOCAL, STATE, OR FEDERAL LAW. PRC reserves the right to terminate at its own discretion the User’s use of this Site or forbid the User from accessing this Site in the future in the event of any abuse of the Site or any unauthorized or forbidden use by the User.
Use of Interactive Media. To the extent that this Site contains or may contain electronic mail links, bulletin boards, discussion forums, chat rooms, or other message or communication facilities involving PRC and/or other users, the User agrees to use such forums in their intended manner. Under no circumstances shall the User violate any law by using such forums for purposes including but not limited to defaming or harassing others, violating intellectual property rights of PRC or a third-party, posting or sending obscene or offensive material, and introducing viruses, corrupted files or other programs which could damage or alter this Site or the computers of PRC or any third-party. PRC reserves the right to remove any contents of this Site for any reason whatsoever without notice. The User acknowledges that any material posted by parties other than PRC or its affiliates are not endorsed by PRC, and such communications shall not be considered reviewed or approved by PRC. PRC does not and cannot review all communications and materials posted or uploaded to the Site and is not responsible for the content of these communications and materials. MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.
Indemnification. The User agrees to indemnify PRC, its officers, agents, employees, and other personnel under its control against any and all liability, expenses, attorney fees, and damages arising out of or relating to the use of this Site in any way, including any claims alleging facts that if true would constitute a breach by the User of these terms and conditions.
User Representations. User represents and warrants that the User possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement. The User agrees to be responsible for the User’s use of the Site (as well as for use of your account by others (whether authorized or unauthorized), including use by any minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
Personal Data. Any personal data (for example, your name, address, telephone number, or e-mail address) you transmit to the Site by electronic mail or otherwise, will be used by PRC in accordance with PRC’s Privacy Statement. Any other communication or material you transmit to the Site, such as questions, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary.
Jurisdiction. This Agreement is governed by the laws of the State of Nebraska in the United States of America. The User consents to the exclusive jurisdiction and venue of courts located in Nebraska, U.S.A. in all disputes arising out of or relating to the use of this Site. Use of this Site is not authorized in any jurisdiction that does not give effect to all provision of these terms and conditions. The User irrevocably waives any objection that it may have at any time to the venue of any suit, action or proceeding out of or relating to this Agreement brought in any such court and irrevocably waives any claim that such suit, action or proceeding is brought in an inconvenient forum and further irrevocably waives the right to object, with respect to such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over the User.
Applicable Laws. PRC’s performance of this Agreement is subject to existing laws and legal process and nothing contained herein is in derogation of PRC’s right to comply with law enforcement requests or requirements relating to any party’s use of this Site or information provided to or collected by PRC regarding such use.
Survival. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that closely resembles the intent of the original provision and the remainder of the Agreement shall continue in effect.
Digital Millennium Copyright Act. PRC complies with the provisions of the Digital Millennium Copyright Act (“DMCA”). If you have a concern regarding the use of copyrighted material on the Site, please contact the agent designated to respond to reports alleging copyright infringement.
Designated Agent. For PRC, the agent designated to receive notification of claimed infringement under Title II of the DMCA is:
Daniel J. Guinan. Fraser Stryker PC LLO, 500 Energy Plaza, 409 South 17th Street, Omaha, Nebraska 68102 (402) 341-6000 [email protected]
Claims. The DMCA specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following:
- A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that the you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Entire Agreement. This Agreement constitutes the entire agreement between the User and PRC regarding this Site. This Agreement supersedes all prior or contemporaneous communications made in any medium of expression between the User and PRC regarding this Site. PRC may at any time revise these Terms and Conditions of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms and Conditions of Use to which you are bound.