Access to and use of the Pro-Vigil, Inc. (“Pro-Vigil”) website at http://www.pro-vigil.com (the “Website”) is provided subject to the following terms and conditions (“Terms and Conditions”). BY USING THE WEBSITE, YOU, THE WEBSITE USER (INCLUDING, WITHOUT LIMITATION, ANY INDIVIDUAL VISITING OR EXPLORING THE WEBSITE ON YOUR BEHALF) (INDIVIDUALLY AND TOGETHER, “USER”), ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY AGREE TO WAIVE ANY AND ALL RIGHTS OR CLAIMS AGAINST PRO-VIGIL. If User does not want to agree to these Terms and Conditions, User must not access or use the Website.
CHANGES TO TERMS AND CONDITIONS
Pro-Vigil may revise and update these Terms and Conditions from time to time in Pro-Vigil’s sole discretion. All changes are effective immediately when posted. User’s continued use of the Website following the posting of revised Terms and Conditions means that User accepts and agrees to the changes. User is expected to check this page frequently so that User is aware of any changes, as they are binding on User.
USE OF MATERIALS
All materials, including, without limitation, information, artwork, images, pictures, text, video, audio, programs, and media files contained on the Website (the “Materials”) are protected by copyright laws. User may access and use the Materials for personal and non-commercial purposes only. Any modification or use of the Materials for any other purpose without Pro-Vigil‘s express prior written consent is strictly prohibited. Except as expressly provided herein, any reproduction, republishing, posting, transmission, modification, creation of derivative works or distribution of any Material on the Website is strictly prohibited.
COPYRIGHT & TRADEMARK
This Website (including all content) is copyright© Pro-Vigil (including, without limitation, parent companies and subsidiaries) and/or its licensors, all rights reserved. All trademarks, designs, slogans, service names and logos contained in any and all materials and information on the Website are the property of their respective owners. Use of such trademarks, designs, slogans, service names and logos are strictly prohibited without the express prior written permission for use from the rightful owners.
PRINTING OF MATERIALS
Pro-Vigil authorizes the printing of Materials found on the Website for personal or educational purposes only; provided that any and all copyright notices originally included with the Materials are included in any and all copies. If User prints, copies, modifies or downloads any Materials in breach of the Terms and Conditions, User’s right to use the Website will stop immediately and User must, at Pro-Vigil’s option, return or destroy any copies of the Materials User has made. No right, title, or interest in or to the Website or any content on the Website is transferred to User, and all rights not expressly granted are reserved by the Pro-Vigil. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.
Any computer software downloadable or otherwise available from the Website is licensed subject to the terms of the applicable license agreement. User understands that Pro-Vigil cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. The downloading of software is at the downloader’s own risk. User is responsible for implementing sufficient procedures and checkpoints to satisfy User’s particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Pro-Vigil’s site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, PRO-VIGIL WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT USER’S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO USER’S USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO USER’S DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
User may use the Website only for lawful purposes and in accordance with these Terms and Conditions. User agrees not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
- To engage in any other conduct that restricts or inhibits anyone’s use of the Website, or which, as determined by Pro-Vigil, may harm Pro-Vigil or users of the Website or expose them to liability.
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the Material on the Website.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
CHANGE OF WEBSITE AND MATERIALS.
Pro-Vigil reserves the right to withdraw or amend the Website, and any Materials on the Website, in Pro-Vigil’s sole discretion and without notice. Pro-Vigil will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, Pro-Vigil may restrict access to some parts of the Website, or the entire Website, to Users.
Any site linked from the Website is not under Pro-Vigil’s control, and Pro-Vigil does not assume and expressly disclaims any and all responsibility or liability for any communication, software, or material available at such linked sites. Links on the Website are not referrals or endorsements of the linked entities, and such links are provided for convenience and/or information purposes only. If User decides to access any of the third-party websites linked to the Website, User does so entirely at User’s own risk and subject to the terms and conditions of use for such websites. Pro-Vigil disclaims any and all liabilities for any representations or warranties made by the individuals and/or entities of such linked sites.
CUSTOMER ACKNOWLEDGES THAT ANY MENTION OF NON-PRO-VIGIL PRODUCTS OR SERVICES BY PRO-VIGIL, ANY THIRD PARTY ENTITY RELATED TO PRO-VIGIL (INCLUDING, WITHOUT LIMITATION, THIRD PARTY VENDORS), OR PRO-VIGIL‘S EXECUTIVES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONSULTANTS, AGENTS, PARENT COMPANIES, AND/OR SUBSIDIARIES, IS FOR INFORMATION PURPOSES ONLY, AND DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY PRO-VIGIL OR THE INDIVIDUALS AND ENTITIES LISTED IN THIS SECTION. PRO-VIGIL DISCLAIMS ANY AND ALL LIABILITIES FOR ANY REPRESENTATION OR WARRANTY MADE BY THE VENDORS OF SUCH NON-PRO-VIGIL PRODUCTS AND/OR SERVICES.
INFORMATION ABOUT USER AND USER YOUR VISITS TO THE WEBSITE
DISCLAIMER USER’S USE OF THE WEBSITE, THE MATERIALS, ANY SERVICES, INFORMATION, AND DATA OBTAINED THROUGH THE WEBSITE (COLLECTIVELY THE “INFORMATION”) IS AT USER’S OWN RISK. THE INFORMATION IS MADE AVAILABLE ON THE WEBSITE ON AN “AS IS,” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. PRO-VIGIL MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS, OR COMPLETENESS OF THE INFORMATION ON THE WEBSITE, OR THAT THE INFORMATION IS RELIABLE FOR ANY REASON. PRO-VIGIL MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY THAT THE INFORMATION WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS CAN BE CORRECTED. TO THE FULLEST EXTENT PROVIDED BY LAW, PRO-VIGIL HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL PRO-VIGIL, ITS PARENT COMPANIES, AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, THE MATERIALS, ANY OTHER CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
FURTHER, PRO-VIGIL WILL HAVE NO LIABILITY FOR:
- ANY AND ALL LOSSES OR INJURIES CAUSED, IN WHOLE OR IN PART, BY PRO-VIGIL’S ACTIONS, OMISSIONS, OR NEGLIGENCE, OR FOR CONTINGENCIES BEYOND PRO-VIGIL’S CONTROL IN PROCURING, COMPILING, OR DELIVERING THE INFORMATION;
- ANY AND ALL ERRORS, OMISSIONS, OR INACCURACIES IN THE INFORMATION REGARDLESS OF HOW CAUSED, OR DELAYS OR INTERRUPTIONS IN DELIVERY OF THE INFORMATION; OR
- ANY DECISION MADE, OR ACTION TAKEN OR NOT TAKEN, IN RELIANCE UPON THE INFORMATION FURNISHED ON THE WEBSITE. FOR THE PURPOSES OF THIS SECTION, “PRO-VIGIL” INCLUDES, WITHOUT LIMITATION, PRO-VIGIL’S DIVISIONS, SUBSIDIARIES, SUCCESSORS, PARENT COMPANIES, AND THEIR (INCLUDING PRO-VIGIL’S) EXECUTIVES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE.
User agrees to protect, defend, hold harmless, and indemnify Pro-Vigil, any third party entity related to Pro-Vigil (including, without limitation, third party vendors), and Pro-Vigil‘s executives, directors, officers, managers, employees, consultants, agents, parent companies, and subsidiaries from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses arising out of or resulting from User’s use of the Website (including User’s use of any Materials or other content).
All matters relating to the Website and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
MEDIATION AND ARBITRATION
Any dispute arising out of or related to the Website and these Terms and Conditions, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination that cannot be resolved between Pro-Vigil and User shall first be submitted to mediation in San Antonio, Texas. The mediator shall be a retired judge or an attorney of ten (10) years or more of experience. If the parties cannot agree upon a mediator, the parties shall ask the American Arbitration Association to appoint a mediator. If the mediation is unsuccessful, then the dispute shall be submitted to final binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law. The Arbitration shall be held in San Antonio, Texas. The arbitrator shall be a retired judge or an attorney of ten (10) years or more of experience. If the parties cannot agree upon an arbitrator, the parties shall ask the American Arbitration Association to appoint an arbitrator. During the arbitration, the parties shall each pay their share of the expenses and fees of the arbitrator. The arbitrator shall be entitled to award attorney’s fees and costs in such amounts and in such proportions as the arbitrator determines. The decision of the arbitrator shall be final and binding and judgment thereon may be entered in any court with jurisdiction.
WAIVER AND SEVERABILITY
No waiver by Pro-Vigil of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Pro-Vigil to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
The Company’s contact information, should you need to contact the Company for any reason, is:
4646 Perrin Creek, Suite 280, San Antonio, TX 78217.