PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE, MOBILE APPLICATIONS, AND OTHER PLATFORMS OF PROTATECH INC. USING THE WEBSITE, MOBILE APPLICATIONS AND PLATFORMS OF PROTATECH IN ANY WAY INDICATES THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, THEN YOU MAY NOT USE THE WEBSITE, MOBILE APPLICATIONS AND PLATFORMS OF PROTATECH INC.
This is a binding agreement ("Agreement”). By using our website, mobile applications and platforms(collectively, the “Services”), you agree to abide all the terms and conditions set forth in these Terms of Use, and all other policies, rules, regulations, terms and conditions that otherwise appear on ProtaTECH Inc. (“ProtaTECH”). These Terms of Use are a legally binding contract between you, on the one hand, and ProtaTECH, on the other hand. These Terms of Use govern all uses of our Services. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave and cease all use of our Services. YOU AGREE THAT BY USING THE SERVICES YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
ProtaTECH respects your privacy. A complete statement of ProtaTECH’s current privacy policy can be found by clicking here: __________________________. ProtaTECH’s privacy policy is expressly incorporated into this Agreement by this reference.
ProtaTECH will use commercially reasonable security technologies (such as encryption, password protection and firewall protection) in providing the Services, and you shall comply with applicable ProtaTECH security guiding principles and processes made known to you through the Services or otherwise.
Each Insertion Order shall define: (i) the Services to be provided to you by ProtaTECH and ProtaTECH’s obligations; (ii) the Content that may be provided to you in furtherance of the Services; (iii) ProtaTECH’s Materials linked with the Services, (iv) any user’s obligations; (vi) the terms of the Insertion Order; (vii) fees for the Services; and (viii) other appropriate terms and conditions related to the Services. ProtaTECH will not begin any Services unless an Insertion Order governing such Services has been duly executed by both parties. ProtaTECH may immediately cease the execution of the Services without liability, if an Insertion Order expires and is not extended or replaced with a new valid Insertion Order.
Use of the Services for purposes of monitoring its availability, performance, or functionality, or for any other benchmarking or competitive purposes is prohibited.
ProtaTECH reserves the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, ProtaTECH recommends that you review these Terms of Use whenever you use our Services. Your continued use of our Services following any such change constitutes your agreement to follow and be bound by the updated or modified version of these Terms of Use.
The content on our Services, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos and all other materials (collectively, the “Materials”) are protected under the laws of the United States of America and other countries. Unauthorized use of the Materials may violate copyright, trademark and other laws. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of ProtaTECH and/or its licensors. Subject to your full compliance with these Terms of Use, ProtaTECH authorizes you to view the Materials on our Services and download a single copy of them, but only for your own lawful, personal and non-commercial use. You must retain all copyright and other proprietary notices contained in the original Materials on any copy you make of the Materials, but failing to do so shall not prejudice ProtaTECH’s intellectual property rights. You may not sell or modify the Materials or reproduce, display, publicly perform, distribute or otherwise use the Materials in any way for any public or commercial purpose. Your use of the Materials on any other websites or mobile applications or on a file-sharing or similar service for any purpose is prohibited.
You may not “mirror” or otherwise copy any Materials contained on our Services or accessible through our Services without ProtaTECH’s written permission.
You may not use our Services: (i) for any purpose that violates applicable federal, state or local laws, regulations or rules (collectively, “Applicable Law”); (ii) for any purpose that is prohibited by these Terms of Use; (iii) in any manner that could damage, disable, overburden or impair our Services; (iv) in any manner that may interfere with any other party’s use and enjoyment of our Services; and/or (v) if you are under 18 years of age. You may not attempt to gain unauthorized access to our Services through hacking, password mining or any other means. ProtaTECH reserves the right, in its sole and absolute discretion, to terminate your access to our Services, or any portion thereof, at any time, for any reason or for no reason at all, without any notice, prior or otherwise.
Any rights not expressly granted herein to use the Materials are reserved by ProtaTECH in full.
When you upload or otherwise submit any information, materials or other content whatsoever to or through our Services (“Submitted Content”), you represent and warrant that such Submitted Content: (i) does not contain any material that is pornographic, lewd, obscene, defamatory, profane, offensive or misleading; (ii) does not violate any intellectual property rights of any third party including, without limitation, third party copyrights, trademark rights or rights of publicity; (iii) does not otherwise violate Applicable Law; and/or (iv) does not otherwise contain any inaccurate or untruthful information; (v) does not damage the operation of a computer (such as a virus, worm or Trojan horse); and/or (vi) does not advertise or sell any goods or services.
By uploading or otherwise submitting Submitted Content to or through our Services, you, personally, and on behalf of any subjects therein, including, without limitation, your child, if applicable, grant to ProtaTECH a non-exclusive, fully paid-up, perpetual, worldwide license (the “License”) to use all of the content of any Submitted Content, including likenesses, whether in whole or in part, whether composite or distorted, for purposes of illustration, art, promotion, advertising, trade, sale or any other purpose whatsoever. The License also includes, without limitation, the right to post Submitted Content, or excerpts thereof, on our Services or other than our Services, including, without limitation on any social media, blog, websites or mobile applications.
Further, you represent and warrant to ProtaTECH that: (i) all persons who appear in any Images have given you their express consent (or if a minor who is not your child, you must have the permission of their parent or legal guardian) to submit the Images for unlimited, royalty-free use, exhibition and other exploitation in any manner and in any and all media, whether now existing or hereafter discovered, throughout the world, in perpetuity (and you agree to provide evidence of such permission in writing if requested by ProtaTECH in its sole and absolute discretion); (ii) there are no claims for payment of any kind, including, without limitation, for royalties or residuals; and (iii) no persons who appear in any Images has any approval or consultation rights or any rights of participation arising out of any use, exhibition or other exploitation of any Images.
The grant of the License and all rights and permissions associated thereto is binding on you, and your child (if applicable), and your, and your child’s (if applicable), heirs, legal representatives and assigns.
You hereby represent and warrant that you have all rights necessary to grant the License and all rights and permissions associated thereto to ProtaTECH. IF YOU DO NOT WISH TO OR CANNOT LEGALLY GRANT SUCH RIGHTS AND PERMISSIONS TO PROTATECH, YOU MAY NOT SUBMIT ANY MATERIALS TO PROTATECH.
ProtaTECH is always improving its products and services. If you have ideas or suggestions regarding improvements or additions to ProtaTECH’s products and services, ProtaTECH would like to hear them; however, any submission will be subject to these Terms of Use.
Under no circumstances will any disclosure of any idea or suggestion or related material to ProtaTECH, or any of its subsidiaries, parents and affiliated companies, or any of their offices, directors, managers, members, shareholders, employees and agents, or any their heirs, successors, representatives and assigns (each an “ProtaTECH Party” and collectively, the “ProtaTECH Parties”) be subject to any obligation of confidentiality or expectation of compensation.
By submitting an idea or suggestion or any related material to ProtaTECH or any ProtaTECH Party, you are waiving any and all rights including, without limitation, intellectual property rights, that you may have in the idea or suggestion or any related material and are representing and warranting to such ProtaTECH Party that the idea or suggestion or any related material are wholly original with you, that no one else has any rights in the idea or suggestion or any related material, and that all ProtaTECH Parties are free to implement the idea or suggestion and to use the related material if so desired, as provided or as modified by any ProtaTECH party, without obtaining permission or license from any third party.
When accessing or using our Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of our Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.
Our Services contain links to external websites and information provided on such external websites by ProtaTECH. ProtaTECH also has control over such websites, the contents of any linked website, or any changes or updates to such sites, including any article, information, data, code, text, software, documentation, graphics, image, marketing material, video, and photograph on the website.
ProtaTECH reserves the right to use third parties (the "Subcontractors") in enactment of its obligations and Services hereunder. Should ProtaTECH use any Subcontractors in the enactment of its obligations and Services, ProtaTECH shall be fully responsible for you for the acts and omissions of its Subcontractors as it is for ProtaTECH's own acts and omissions. Nothing contained in this Agreement shall create any vowed relationship between any Subcontractor and you.
ProtaTECH may maintain a presence on social media websites, including, without limitation, Facebook, YouTube, LinkedIn and Twitter (collectively, "Social Media Pages"), to provide a place for the public to learn more about ProtaTECH and to share comments. All comments, visuals and other materials posted by visitors to our Social Media Pages do not necessarily reflect the opinions or ideas of ProtaTECH. All visitors to our Social Media Pages must comply with the respective social media website's Terms of Use. We review some but not all postings to our Social Media Pages, and may remove postings that we determine are inappropriate or offensive.
If you provide ProtaTECH with a telephone number or email address, you expressly agree that we, or our authorized agents, can use that number or email address to contact you. When you use our Services or send emails to the ProtaTECH, you are communicating with ProtaTECH electronically. You consent to receive electronically any communications related to your use of our Services. ProtaTECH may communicate with you by email or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from ProtaTECH intended for receipt by a user in connection with the Services shall be deemed delivered and effective when sent to the email address provided by the user on or through the Services.
ProtaTECH users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
ProtaTECH reserves the right to terminate your use of our Services. To ensure that ProtaTECH provides a high quality experience for you and for other users of our Services, you agree that ProtaTECH or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of our Services. ProtaTECH reserves the right to terminate your account or your access to our Services immediately, with or without notice to you, and without liability to you, if ProtaTECH believes that you have violated any of the Terms of Use, furnished ProtaTECH with false or misleading information, or interfered with use of our Services by others.
ProtaTECH reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing ProtaTECH to disclose the identity of anyone posting any e-mail or other messages, or publishing or otherwise making available any other user-generated content that is believed or alleged (reasonably or not) to violate these Terms of Use or any Applicable Law.
OUR SERVICES, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OUR SERVICES, IS PROVIDED “AS IS” AND “AS AVAILABLE” TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PROTATECH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER REGARDING THE CONTENT ON OUR SERVICES OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE THROUGH OUR SERVICES, FOR ANY HYPERTEXT LINKS TO THIRD PARTY SITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH OUR SERVICES OR ANY LINKED SITE. PROTATECH FURTHER DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE INFORMATION CONTAINED ON OUR SERVICES IS COMPLETE, ACCURATE OR UP TO DATE. PROTATECH DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OUR SERVICES OR ANY MATERIALS OR CONTENT CONTAINED HEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
PROTATECH’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROTATECH, OR ANY OF PROTATECH PARTIES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE - WHETHER ACTIVE, PASSIVE OR IMPUTED - LIBEL, DEFAMATION, INVASION OF PRIVACY, VIOLATION OF APPLICABLE LAW, INCLUDING, WITHOUT LIMITATION, CALIFORNIA CIVIL RIGHTS LAW, OR BREACH OF PUBLICITY OR OTHER RIGHTS), STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, OUR SERVICES OR ANY CONTENT ON OUR SERVICES, EVEN IF AN PROTATECH PARTY OR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH OUR SERVICES, THE CONTENT HEREON OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES.
THIS LIMITATION OF LIABILITY SHALL BE BINDING UPON YOU AND YOUR CHILD (IF APPLICABLE), AND YOUR AND YOUR CHILD’S (IF APPLICABLE) HEIRS, LEGAL REPRESENTATIVES AND ASSIGNS.
TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE PROTATECH PARTIES, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, THREATS, SUITS OR PROCEEDINGS AND PAY ALL RESULTING LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF, RESULTING FROM, OR RELATED TO YOUR BREACH OF THESE TERMS OF USE AND/OR YOUR MISUSE OF OUR SERVICES.
No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
In the event a court having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective and the remainder of this Agreement shall remain effective.
Our Services are controlled and operated by ProtaTECH from its offices in the State of California. Your use of or access to our Services should not be construed as ProtaTECH’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
The Services are operated, managed, administered and controlled by ProtaTECH (or its licensees) from its offices within the United States of America. The Services are not intended to subject ProtaTECH to the laws or jurisdiction of any state, country or territory other than that of the United States. PROTATECH DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ANY PART THEREOF ARE APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. Those who choose to access the websites do so on their own initiative and at their own risk, and are responsible for complying with all statutes, orders, regulations, rules and other laws of applicable jurisdictions.
If you make any claim against ProtaTECH or any other ProtaTECH Party, you agree in advance that in the event you assert any such claim, it will be governed by the following rules:
If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use shall remain in full force and effect. You cannot transfer your rights or obligations under these Terms of Use to anyone without ProtaTECH’s prior written permission, and any attempted assignment without ProtaTECH’s prior written permission shall be null and void and of no effect whatsoever. ProtaTECH’s failure to enforce any provision of these Terms of Use does not waive ProtaTECH’s right to enforce the same provision in the future. Any headings contained in these Terms of Use are for informational purposes only, but are not themselves enforceable provisions of these Terms of Use.
BY USING OR ACCESSING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. NOTE: WE SHOULD ADD THE FOLLOWING ADDITIONAL PROVISION IF THE COMPANY MAY MAKE CERTAIN SOFTWARE AVAILABLE TO THE USER FROM THE SITE:
ProtaTECH may make certain software available to you from our Services. If you download software from our Services, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by ProtaTECH, for your personal use only. ProtaTECH does not transfer either the title or the intellectual property rights to the Software, and ProtaTECH retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by ProtaTECH or its licensors and you may not copy or use them in any manner.
This application includes web-based software solutions to manage all aspect of staff employment from recruitment through payroll time sheets.