Version Date: 1/1/2019
By accessing Site and using the services on this Site, you agree to be bound by the terms and conditions (“Terms”) below. Please read these Terms carefully. If you do not agree to these Terms, do not access or use this Site. This Site is owned and operated by ProLogic Systems(the “Company”). For the purposes of these Terms, the term “Site” includes the Company.
IMPORTANT: This Site collects the information you provide on this and subsequent forms to match you with advertisers based on your response to questions. Your request is processed immediately. This Site may share the information that you provide at any step in the process with third parties, including members of its advertising network and other third party partners with whom it has a marketing relationship.
ADVERTISEMENT MATCHING SERVICE:
Once a consumer submits the request form(s) to this Site, this Site matches your request with one or more participating advertisers and marketing partners. By submitting the application form(s), you understand and agree that you are submitting an inquiry about a product or service to this Site and each of the participating advertisers and marketing partners to whom this Site transmits your request. By submitting the form(s), you are extending an express invitation to this Site and each of the participating advertiser and partners with whom your information is shared to contact you by any means (including, without limitation, email, telephone, and direct mail) so that they may assist you with your transaction or provide information to you about additional offers in which you may be interested.
This Site is not an advertiser and does not make decisions in connection with its Advertisement Matching service. This Site does not guarantee acceptance into any particular program or service. This Site does not guarantee that the price, product, availability, rates, fees, or any other terms offered and made available by participating advertisers through the Advertisement Matching service are the best available in the market.
This Site does not endorse or recommend the products of any particular advertiser. This Site is not an agent of you or any participating advertiser. This Site is not involved with the advertisers use and/or review of your information or in making a determination about whether you meet any particular qualification criteria. The advertiser is solely responsible for its services to you, and you agree that this Site shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of the Advertisement Matching service. You understand that participating advertisers may keep your information, whether or not you are qualified or not.
This Site reserves the right to change any information, features and/or functions of the Advertisement Matching service without prior notice. This Site may deny you access to all or part of the services without prior notice if you engage in any conduct or activities that this Site determines, in its sole discretion, violate these Terms, the rights of this Site or any third party, or is otherwise inappropriate. This Site is not responsible for any errors or delays in providing the Advertisement Matching services caused by errors in any of the information provided by you or by any technical problems beyond our reasonable control.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site, are registered and unregistered Trademarks of the Company 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 the Company 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, is strictly prohibited. You are also advised the Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
DISCLAIMERS AND LIMITATIONS
THIS SITE AND THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” THIS SITE EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THIS SITE MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE ACHIEVED BY USING THIS SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT. USE OF THIS SITE AND/OR THIS SITE’S SERVICES IS AT YOUR OWN RISK. THIS SITE AND/OR ITS PARTICIPATING ADVERTISERS OR ANY OF THEIR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS, OR SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE AND/OR THIS SITE’S SERVICES OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THIS SITE OR ITS PARTICIPATING ADVERTISERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE MAXIMUM LIABILITY OF THE SITE TO YOU FROM ANY CAUSE ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES PROVIDED THROUGH THE SITE SHALL NOT EXCEED $50. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY AND DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMERS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF THIS SITE, ITS PARTICIPATING ADVERTISERS, AND THEIR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS AND SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
As a condition of using this Site and/or the services offered herein, you agree to indemnify this Site and its participating advertisers from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from your use of this Site, including without limitation any claims alleging facts that if true would constitute a breach by you of these Terms.
LINKS TO THIRD PARTIES
This Site may contain links to other Sites operated by participating advertisers or other third parties. Such links are provided for your convenience and reference only. This Site does not operate or control in any respect any information, software, products or services available on such third party sites. This website’s inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
Any controversy or claim arising out of or relating to the use of this Site, to the goods or services provided by this Site, or to any acts or omission for which you may contend this Site is liable, including but not limited to any controversy or claim as to arbitrability (“Dispute”), will be settled finally and exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association in effect at that time. The arbitration will be conducted in Santa Rosa County, Florida and judgment on the arbitration award may be entered into any court of competent jurisdiction in Santa Rosa County, Florida. No arbitrator shall have the power to award damages in connected with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under these Terms with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues of disputes involved.
THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND THIS WEBSITE WILL BE RESOLVED BY BINDING ARBITRATION. THUS, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. By using this Site’s service, you consent to these restrictions.
In the event the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and this Site, you agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Santa Rosa County, Florida. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms constitute the entire agreement between you and this Site. These Terms shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. If any part of these Terms is determined unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall remain in effect. Any failure by this Site to exercise or enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. This Site may amend these Terms at any time by posting the amended terms on its Site. All amended terms are automatically effective immediately, upon posting.
Attention: ProLogic Systems | Privacy Officer | ProLogic Systems, 548 Market St, San Francisco; CA 94104.