Effective Date: October 14, 2016
BY USING THE SITE, YOU AGREE TO THESE TERMS AND AFFIRM THAT YOU ARE ABLE AND LEGALLY COMPETENT TO DO SO. IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS, PLEASE IMMEDIATELY STOP USING THE SITE.
1. Changes to the Terms
The effective date of these Terms is set forth at the top of this page. We reserve the right to modify these Terms at any time without notice by updating this posting. Your continued use of the Site after such modifications have been made constitutes your acceptance of such revised Terms. Such revised Terms supersede all previous versions of the Terms. We encourage you to review these Terms regularly.
As between you and Prock Ops, we retain full and complete title or license to all information and materials provided on or through or submitted to the Site, including, but not limited to, any artwork, graphics, text, video and audio clips, trademarks, logos, and other content (collectively, the “Content”). You may access the Content, including downloading, printing, and/or copying, solely for your own use. Unless Prock Ops provides you with prior written authorization to do so, or except as otherwise set forth in a license agreement specific to particular Content, you may not:
(a). incorporate any Content into any other work (such as your own website) or use Content in any public or commercial manner;
(b). Copy, modify, reproduce, adapt, reverse engineer, distribute, frame, republish, upload, display, post, transmit, transfer, license or sell Content in any form or by any means; or
(c). Change any of the notices about copyright, trademarks, or other intellectual property rights that may be part of the Content.
3. Your Submissions
Prock Ops may from time to time offer areas where you and other users can post or otherwise submit your information, suggestions, ideas, or other materials (collectively, “Submissions”). By sending, posting, or transmitting Submissions to Prock Ops (and/or our designees) or any area of the Site, you grant Prock Ops and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), transferable, royalty-free, perpetual, and irrevocable right to use, reproduce, sublicense (through multiple tiers), distribute, create derivative works of, perform, and import your Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you. All Submissions are deemed non-confidential and nonproprietary.
You are responsible for the content of your Submissions. By sending, posting, or transmitting Submissions to Prock Ops (and/or our designees) or any area of the Site, you represent and warrant that:
(a). you own or otherwise control all of the rights to your Submissions, including, without limitation, all copyrights and trademarks;
(b). your Submissions are true and accurate;
(c). your Submissions do not violate the rights of any other person or entity, such as rights of privacy and publicity; and
(d). your Submissions comply with all applicable laws, rules, and regulations.
You acknowledge and agree that Prock Ops has the right (but not the obligation) to alter, remove, or refuse to post or allow to be posted your Submissions. Prock Ops takes no responsibility and assumes no liability for Submissions posted by you or any third party.
We strongly encourage you not to disclose any personal information in your Submissions because other people may see and use such personal information. We are not responsible for any information that you choose to communicate via Submissions.
4. Using the Site
BY ACCESSING, USING, AND/OR SUBMITTING INFORMATION TO OR THROUGH THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST THIRTEEN (13) YEARS OF AGE OR OLDER, AND IF YOU ARE BETWEEN THE AGE OF 13 AND THE AGE OF MAJORITY IN YOUR PLACE OF RESIDENCE, YOU HAVE PERMISSION FROM YOUR PARENT OR LEGAL GUARDIAN. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF SUCH A USER, YOU AGREE TO BE BOUND BY THESE TERMS ON BEHALF OF YOURSELF AND YOUR MINOR CHILD.
Prock Ops may, in its sole discretion, terminate your access to the Site without notice at any time for any or no reason.
While using the Site, you will not:
(a). create a false identity or impersonate any person;
(b). transmit to or through the Site any advertisement, solicitation, junk mail, or other unsolicited or unauthorized commercial or promotional content without our prior written authorization;
(c). disrupt or attempt to disrupt the proper working of the Site, including, but not limited to, hacking into our servers or social media accounts;
(d). restrict or inhibit any other person from using the Site;
(e). use any bot, scraper, or other automated means to access the Site or transmit any virus, worm, Trojan or other malware to or through the Site;
(f). modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site;
(g). “frame” or “mirror” any part of the Site without our prior written authorization;
(h). post or transmit any material or engage in any other behavior or activity that is false, misleading, unlawful, offensive, disruptive, harmful or otherwise objectionable (as determined by Prock Ops in its sole discretion); or
(i). assist any person in engaging in any of the activities described above.
5. Third-Party Websites
The Site may contain links to third-party websites and services, including social media. Prock Ops does not control such third-party sites, and is not responsible for the availability of, any information or materials on, or any form of transmission received from them. The inclusion of a link does not imply endorsement by Prock Ops of such third-party sites or any association with the operators of the sites. Prock Ops does not investigate, verify, or monitor third-party sites, and provides links for your convenience only. You access such third-party sites at your own discretion.
7. Disclaimers of Warranties and Limitations of Liability
We represent and warrant that Prock Ops has validly entered into these Terms and has the legal power to do so. You represent and warrant that you have validly entered into these Terms and have the legal power to do so.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. PROCK OPS SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM DEFECTS, UNINTERRUPTED USE, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. FURTHER, PROCK OPS DOES NOT WARRANT THAT (a) THE SITE WILL MEET YOUR REQUIREMENTS, (b) OPERATION OF THE SITE WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, OR (c) ERRORS WILL BE CORRECTED. ANY ORAL OR WRITTEN ADVICE PROVIDED BY PROCK OPS OR ITS AUTHORIZED AGENTS DOES NOT AND WILL NOT CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU AGREE THAT IN NO EVENT WILL PROCK OPS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER ARISING IN ANY WAY IN CONNECTION WITH THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), EVEN IF PROCK OPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR FOR ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PROCK OPS SITE. THESE LIMITATIONS OF LIABILITY WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
You acknowledge and agree that the above limitations of liability together with the other provisions in these Terms that limit liability are essential terms and that Prock Ops would not be willing to grant you the rights set forth in these Terms but for your agreement to these limitations of liability.
You hereby indemnify and defend Prock Ops and its directors, officers, employees, and agents from and against all losses, liabilities, actual or pending claims, actions, damages, expenses, and costs of defense, including, but not limited to, reasonable attorneys’ fees, brought against Prock Ops by any third-party arising from your use of the Site or any violation of these Terms, the rights of a third-party, or applicable law. Prock Ops reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. No settlement that affects the rights or obligations of Prock Ops may be made without our prior written approval.
9. Governing Law
These Terms are governed by and construed and enforced in accordance with the internal laws of the State of Missouri, without giving effect to its principles of conflicts of laws, and are binding upon the parties hereto in the United States and worldwide. You agree to submit, and hereby do submit, to the jurisdiction of the courts located in the State of Missouri for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.
You and Prock Ops agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms. You and Prock Ops further agree that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.
The agreement between you and Prock Ops created by these Terms automatically terminates in the event you fail to comply with any term or condition herein. Prock Ops may terminate or modify your access to the Site, with or without notice to you, at any time for any or no reason. Termination will not limit any of Prock Ops’s other rights or remedies. Sections 2 - 3, 7 - 9, 11, and 13 survive termination or expiration of such agreement.
11. Jurisdictional Issues; Taxes
You are responsible for your compliance with all applicable laws. We reserve the right to limit the availability of the Site and/or Content to any person or geographic area at any time for any or no reason. You are solely responsible for any and all duties, taxes, levies, or fees (including any sales, use, or withholding taxes) imposed on or in connection with use of the Site by any taxing authority.
12. Claims of Copyright Infringement
If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights otherwise have been violated on or through the Site, please send your claim or notice of infringement to Prock Ops via email at email@example.com (with “Infringement Claim” as the subject line) or send a letter to the attention of the “Marketing Department” at the following address:
Prock Operations, Inc. d/b/a For Your Convenience
321 East Hardy Street
St. James MO 65559
These Terms inure to the benefit of and will be binding upon Prock Ops, you, and all successors and permitted assigns, respectively. You may not assign your rights and obligations under these Terms without Prock Ops’s prior express written consent.
If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been inserted herein.
If Prock Ops fails to enforce any term hereof, the failure to enforce on any occasion does not constitute a waiver of any term and will not prevent enforcement on any other occasion.
Nothing contained in these Terms will be deemed to create an agency or partnership relationship between you and Prock Ops, and you are not and shall not be an agent or representative of Prock Ops, nor joint venturers or partners.
If either party is prevented from performing or unable to perform any obligation under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence.
The headings and captions contained herein are for convenience only.