IN THESE TERMS AND CONDITIONS, "WE," "US," "ITS" AND "OUR"
REFER TO Progneer, LLC. ("Progneer"), AND "YOU" AND "YOUR" REFER TO YOU. This
agreement (the "Agreement") is entered into by and between you and Progneer
regarding your use of the Progneer service (the "Service"). The Agreement may be
modified from time to time; the date of the most recent revisions will appear on
this page, so check back often. Continued access of the Website by you will
constitute your acceptance of any changes or revisions to the Agreement. Your
failure to follow these rules, whether listed below or in bulletins posted at
various points in the Website, may result in suspension or termination of your
access to the Website, without notice, in addition to Progneer's other remedies.
DESCRIPTION OF SERVICE & ASSOCIATED RIGHTS
The Service is designed to help you find news information that resides on both Progneer and on sites not owned or controlled by Progneer. In particular, the Service provides brief descriptions of news stories to help you identify the stories of interest to you. When you select a story that appears to be interesting, you will be linked to either a Progneer page that contains the full story or to the news site on which that story appears. Progneer owns and retains all intellectual property rights to the Service; but Progneer does not claim ownership rights to the full news stories, which are instead held by the sites to which the Service links or other third party providers.
The news stories displayed as results, or linked to, by the
Service are developed by people over whom Progneer exercises no control. The
results that appear from Progneer's indices are indexed by Progneer's automated
machinery and computers, and Progneer cannot and does not screen the sites
before including them in the indices from which such automated search results
are gathered. As a result, the Service may display results and links to sites
that some people find objectionable, inappropriate, or offensive. We cannot
guarantee that a Progneer page will not include unintended or objectionable
content. Progneer assumes no responsibility or liability under any circumstances
for the content of any site included in any search results or otherwise linked
to by the Service.
Progneer may at times require that you register and/or set up an account to use certain portions of the Website, or the Website as a whole. In order to do so, you may be provided, or required to choose, a password, user name, and/or other registration information. You agree and represent that all registration Information provided by you is accurate and up-to-date. Should Progneer suspect that your information is not accurate and complete, your account may be subject to suspension or termination. You, not Progneer, will be responsible for all activities occurring under your username and for keeping your password secure.
If you register and/or set up an account on the Website, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use your Registration Information. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.
Progneer or third parties may charge you fees for products or services offered for sale through the Website, and/or for access to portions of the Website or the Website as a whole. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Website by Progneer or by any third party vendor or provider (such fees, charges and taxes shall collectively be referred to as "Fees"). Progneer reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you.
If you submit your credit, debit or charge card information to Progneer upon registration or otherwise, you give Progneer permission to charge all Fees incurred through your account to the credit, debit or charge card you designate. Any additional Fees (other than renewal fees) will be charged at the time they are incurred. If payment cannot be charged to your credit, debit or charge card or your payment is returned to Progneer for any reason, including charge back, Progneer reserves the right to either suspend or terminate your account and all its obligations under this Agreement.
USE OF MATERIAL SUPPLIED BY YOU
MEDICAL INFORMATION DISCLAIMER
The Website is not a forum for the exchange of medical information, advice or the promotion of self-destructive behavior (e.g., eating disorders, suicide). While you may freely discuss your troubles, you should not look to the Website for information or advice on such topics. Instead, we recommend that you talk in person with a trusted adult that you know or a medical professional.
THE INFORMATION ON THIS WEBSITE IS PROVIDED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY, AND IS IN NO WAY INTENDED TO DIAGNOSE, CURE, OR TREAT ANY MEDICAL OR OTHER CONDITION. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY NEW DIET AND ASK YOUR DOCTOR ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, PROGNEER AND ITS THIRD PARTY PROVIDERS DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED ON THIS WEBSITE.
Progneer respects the intellectual property of others, and we ask our users to do the same. Progneer may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others.
If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, or that the Website contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Progneer by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; information reasonably sufficient to permit Progneer to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; identification 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; identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Progneer to locate the material; A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
P.O. Box 173
East Brunswick, NJ 08816
Note: Only copyright complaints should be sent to Copyright Complaint department. No other communications will be accepted or responded to. For communications on other matters, please contact Progneer as described on the Website.
USE OF THE SERVICE
You may only display the content of the Service for your own personal use (i.e., non-commercial use) and may not otherwise copy, reproduce, alter, modify, create derivative works, or publicly display any content. For example, you may not do any of the following: use the Service to sell a product or service; use the Service to increase traffic to your Web site for commercial reasons, such as advertising sales; take the results from the Service and reformat and display them, or mirror any portion of the results on your Web site; or use the Service as part of a "meta-search" offering. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. If you are uncertain whether your intended use of the Service is permissible, please contact us. In addition, Progneer shall have the right in its sole discretion to suspend or terminate the Service or your access to it.
You may not provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that constitutes junk mail, spam, advertising, and/or commercial offers. You may not repeat the same posting multiple times. The Website is not intended for users under the age of 13, and Progneer does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using portions of the Website for which registration is required, such as our forums and chat areas; any information submitted by such users will not knowingly be used, posted, or retained by us.
You agree not to use any obscene, indecent, or offensive language or to provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful, or violent. You agree to refrain from ethnic slurs, religious intolerance, homophobia, and personal attacks when using the Website. You further agree not to use any sexually suggestive language or to provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that is sexually suggestive or appeals to a prurient interest.
You may not provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that invades anyone's privacy, or facilitates or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation (e.g., drug use, underage drinking). You agree to use the Website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. Do not provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that includes instructions for weapon and/or explosive manufacture or use.
You are responsible for ensuring that any graphics, text, photographs, images, video, audio or other material you provide to or post on the Website, including without limitation in bulletin boards, forums, personal ads, chats or elsewhere, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is provided or posted with the permission of the owner(s) of such rights. The Website may contain graphics, text, photographs, images, video, audio and other material that is clearly identified for your use ("Assets"). The Assets are protected by state, national and international copyright, trademark and other intellectual property laws. Nevertheless, we (and our licensors) grant to you the limited, non-exclusive, right and license to use the Assets solely as described on the Website, as limited by this Agreement, and provided further that you keep intact any and all copyright and other proprietary notices.
The Website also contains other graphics, text, photographs, images, video, audio, software, code, and other material that is provided by Progneer or its licensors and is not clearly identified as, or intended, for your use, including without limitation the organization, design, compilation, and "look and feel" of the Website, and advertising thereon ("Website Content"). The Website Content is protected by state, national and international copyright, trademark and other intellectual property laws, and is the property of Progneer or its licensors. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by you, directly or indirectly, of any such Website Content, including but not limited to the removal or alteration of advertising, is strictly prohibited. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Website, including without limitation the Assets or Website Content, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, Progneer or the Website.
You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Website or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Website. Other than connecting to Progneer's servers by http requests using a Web browser, you may not attempt to gain access to Progneer's servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Website or otherwise.
You acknowledge that Progneer has not reviewed and does not endorse the content of all sites linked to from this Website and is not responsible for the content or actions of any other sites linked to from this Website. Your linking to any service or site is at your sole risk. You shall be solely responsible for your own Content and the consequences of posting or publishing it. In connection with any and all Content provided by and/or originating from a Progneer user or a Progneer User Editor, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and/or permissions to use such Content and authorize Progneer to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content to enable inclusion and use of the Content in the manner contemplated by the Service and this Agreement.
You understand that Progneer does not monitor or control the content of information posted by others, and instead simply provides a service by allowing users to access information that has been made available. Because Progneer does not control the Content posted via the Service, Progneer does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Progneer be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. Should Content be found or reported in violation with, but not limited to, the following terms, it will be Progneer’s sole discretion as to what action should be taken, including suspension and/or termination of your account.
You further agree that you will not submit material that is
copyrighted, protected by trade secret or otherwise subject to third party
proprietary rights, including privacy and publicity rights, unless you are the
owner of such rights or have permission from their rightful owner to post the
material, and to grant Progneer all of the license rights granted herein.
Progneer does not necessarily endorse, support, sanction, encourage, verify, or
agree with the comments, opinions, or statements posted on forums, blogs or
otherwise contained in the Website. Any information or material placed online,
including advice and opinions, are the views and responsibility of those who
post the statements and do not necessarily represent the views of Progneer or
its third party service providers. You agree that Progneer and its third party
service providers are not responsible, and shall have no liability to you, with
respect to any information or materials posted by others, including defamatory,
offensive or illicit material, even material that violates this Agreement.
Neither Progneer nor its third party Service Providers make any warranties with respect to any of the merchandise, products, and/or services featured, mentioned, or sold by others on or through the Website. Transactions for any such item shall be between the user and the third party seller, without any involvement of Progneer or its third party Service Providers. You agree that Progneer and its third party Service Providers are not responsible, and shall have no liability to you, with respect to merchandise, products, and/or services featured, mentioned, or sold by others on or through the Website, including illegal, offensive or illicit items, even items that violates this Agreement.
In addition, you agree to NOT use the Service to:
upload, post, email, transmit or otherwise make available any Content that exhorts others to commit illegal acts; harm minors in any way; impersonate any person or entity, including, but not limited to, a Progneer official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; repost Content that was deleted; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; post or submit links on behalf of someone else that was banned from the Service; allow usage by others in such a way as to violate this Agreement; disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; "stalk" or otherwise harass another; upload, post, email, transmit or otherwise make available any Content that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics); upload, post, email, transmit or otherwise make available any Content that includes personal or identifying information about another person without that person's explicit consent; upload, post, email, transmit or otherwise make available any Content that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch"; use Progneer as a forwarding service to another website; solicit passwords or personal identifying information for unintended, commercial or unlawful use from other users; exceed the scope of the Service that you have signed up for; for example, accessing and using features that you do not have a right to use, or deleting, adding to, or otherwise changing other people’s entries or other content when you have not been granted the privileges to do so; upload, post, email, transmit or otherwise make available any Content that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by New Jersey law; and/or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.
You acknowledge and understand that Progneer may or may not pre-screen Content. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Progneer or submitted to Progneer, including without limitation information in all parts of the Service.
You acknowledge, consent and agree that Progneer has the right to access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Progneer, its users and the public. Further, Progneer reserves the right to cooperate with legitimate law enforcement requests for information at its sole discretion.
You understand that the technical processing and transmission
of the Service, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical requirements
of connecting networks or devices. You understand that the Service and software
embodied within the Service may include security components that permit digital
materials to be protected, and that use of these materials is subject to usage
rules set by Progneer and/or content providers who provide content to the
Service. You may not attempt to override or circumvent any of the usage rules
embedded into the Service. Any unauthorized reproduction, publication, further
distribution or public exhibition of the materials provided on the Service, in
whole or in part, is strictly prohibited.
You agree that Progneer has no responsibility or liability for the maintained or transmitted by the Service. You acknowledge that Progneer reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Progneer reserves the right to modify these general practices and limits from time to time.
You agree that Progneer may, under certain circumstances and without prior notice, immediately terminate your Progneer account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) repeat postings of material in violation of copyright law or other terms of this Agreement, (c) requests by law enforcement or other government agencies, (d) a request by you (self-initiated account deletions), (e) discontinuance or material modification to the Service (or any part thereof), (f) unexpected technical or security issues or problems, (g) extended periods of inactivity, (h) engagement by you in fraudulent or illegal activities, and/or (i) nonpayment of any fees owed by you in connection with the Services. Termination of your Progneer account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Progneer's sole discretion and that Progneer shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
You agree to indemnify Progneer and its affiliates, employees, agents, representatives and third party Service Providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through the Website, or from your breach of this Agreement, or from any such acts through your use of the Website.
DISCLAIMER OF WARRANTIES
Progneer disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed by using the Service. Progneer disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material, including without limitation any User Editor content and any other user generated content. Progneer disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Service.
THE PROGNEER SERVICE, AND ALL MATERIALS, INFORMATION,
PRODUCTS AND SERVICES INCLUDED IN THE SERVICE ARE PROVIDED "AS IS," WITH NO
WARRANTIES WHATSOEVER. BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. PROGNEER AND ITS
LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY,
TIMELINESS, AND PERFORMANCE OF THE SERVICE. PROGNEER AND ITS LICENSORS DISCLAIM
ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICE.
PROGNEER AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE
OBTAINED FROM USER EDITOR’S COMMENTS. PROGNEER AND ITS LICENSORS DISCLAIM ANY
WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE
OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICE, AS WELL AS FOR ANY
INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL PROGNEER OR ITS LICENSORS BE LIABLE TO ANY USER (INCLUDING USER EDITORS) ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE SERVICE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROGNEER OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall
Progneer or its licensors be held liable for any delay or failure in performance
resulting directly or indirectly from acts of nature, forces, or causes beyond
its reasonable control, including, without limitation, Internet failures,
computer equipment failures, telecommunication equipment failures, other
equipment failures, electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or materials, fires,
floods, storms, explosions, acts of God, war, governmental actions, orders of
domestic or foreign courts or tribunals, non-performance of third parties, or
loss of or fluctuations in heat, light, or air conditioning.
REQUESTS FOR REMOVAL OF LINKS OR CACHED MATERIALS
Progneer occasionally receives requests from people to remove links from its indices. Although Progneer reserves the right to address such requests individually, the general approach that Progneer takes reflects the following principles:
Progneer's indices consist of information that has been
identified, indexed and compiled through an automated process with no advance
review by human beings. Given the enormous volume of web site information added,
deleted, and changed on a frequent basis, Progneer cannot and does not screen
anything made available through its indices. For each web site reflected in
Progneer's indices, if either (i) a site owner restricts access to his or her
web site or (ii) a site is taken down from the web, then, upon receipt of a
request by the site owner or a third party in the second instance, Progneer
would consider on a case-by-case basis requests to remove the link to that site
from its indices. However, if the operator of the site does not take steps to
prevent it, the automatic facilities used to create the indices are likely to
find that site and index it again in a relatively short amount of time.
As a provider of space for advertisements, please note that Progneer is not in a position to arbitrate trademark disputes between the advertisers and trademark owners. As stated in our Terms and Conditions, the advertisers themselves are responsible for the ad text that they choose to use. Accordingly, we encourage trademark owners to resolve their disputes directly with the advertisers, particularly because the advertisers may have similar advertisements on other sites.
If you are a trademark owner (or represent a trademark owner) and have an objection to an advertiser's use of your trademark in ad text that is consistent with the foregoing, please provide the following information in a signed letter on company stationary:
Name of Company
Contact information (including email address)
List of trademark(s) at issue and the country/countries in which it is registered
The identity of the advertisement(s) at issue (via the URL stated on the bottom line of the ad)
The content in the advertisement that concerns you.
If your site has an affiliate program, are affiliates permitted to use the trademark in the advertisement's content?
Include the following statement: "I have a good faith belief that use of the trademarks described above with the advertisements described above is not authorized by the trademark owner or its agent, nor is such use otherwise permissible under law."
Include the following statement: "I represent that the information in this notification is true and correct and that I am authorized to act on behalf of the trademark owner."
Please send this written communication with the above information to the address on our contact page.
Please Note: The foregoing procedure applies only to the use of trademarks in advertisements, which are clearly marked as advertisement on our pages. We do not take action on objections to the use of trademarks in site to which we link. For any such objections, please contact the site owner directly.
Progneer respects and protects the privacy of the individuals that use
Progneer's services ("Progneer Services"). Individually identifiable information
about you is not willfully disclosed to any third party without first receiving
Upon your first visit to Progneer.com, Progneer sends a "cookie" to your
computer. A cookie is a piece of data that identifies you as a unique user.
our user base more. Progneer does this by storing user preferences in cookies
and by tracking user trends and patterns of how people use the Progneer
Services. Progneer will not disclose its cookies to third parties except as
required by a valid legal process such as a search warrant, subpoena, statute,
or court order.
Most browsers are initially set up to accept cookies. You can reset your browser
to refuse all cookies or to indicate when a cookie is being sent. Be aware,
however, that some parts of the Progneer Services may not function properly if
In the course of serving advertisements to this site, our third-party advertiser may place or recognize a unique “cookie” on your browser.
WHAT INFORMATION DO WE COLLECT?
Progneer does not collect any unique information about you (such as your name, email address, etc.) except when you specifically and knowingly provide such information. For example, Progneer DOES collect such information from those users registering as Community Users and/or User Editors. Progneer notes and saves information such as time of day, browser type, browser language, and IP address with each query. That information is used to verify our records and to provide more relevant services to users. For example, Progneer may use your IP address or browser language to determine which language to use when showing search results or advertisements.
LINKS TO OTHER SITES
WITH WHOM DOES PROGNEER SHARE INFORMATION
Progneer may share information about you with advertisers, business partners, sponsors, and other third parties. However, we only divulge aggregate information about our users and will not share personally identifiable information with any third party without your express consent. For example, we may disclose how frequently the average Progneer user visits Progneer, or which Progneer pages are most often used. Please be aware, however, that we will release specific personal information about you if required to do so in order to comply with any valid legal process such as a search warrant, subpoena, statute, or court order. Further, Progneer reserves the right to cooperate with legitimate law enforcement requests for information at its sole discretion.
THIRD PARTY ADVERTISING
Progneer uses third-party advertising companies to serve ads when you visit our Web site. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you.
Feel free to contact us any time and we'll answer any additional questions you may have. If you have additional questions, feel free to contact us.
Date last modified: April 2, 2007