Acceptance of Terms Program Solutions, LLC. (“Program
Solutions”) make this website (the “Site”), including all information,
documents, content, materials, and software (the “Materials”) available on the
Site, available to you for your personal, non-commercial use subject to the
terms and conditions set forth in this agreement (“Terms of Use”). By
accessing, browsing, and/or using the Site, you acknowledge that you have read,
understand and agree to be bound by the Terms of Use and to comply with all
applicable laws and regulations, including all applicable export and re-export
control laws and regulations. Program Solutions reserves the right to change
the Terms of Use from time to time at its sole discretion. Your use of the Site
will be subject to the most current version of the Terms of Use posted on the
Site. If you do not agree to the Terms of Use, do not use the Site.
Use of Information Except as otherwise indicated on this Site,
you are permitted to view, print, copy and download Materials on this Site
subject to the following terms and conditions:
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(i)The Materials may be used solely for informational, personal, non-commercial
purposes; (ii) any copy of Materials or portion thereof must included all
copyright and proprietary notices in the same form and manner as on the
original;(iii) the Materials may not be modified in any way; and (iv) Program
Solutions reserves the right to revoke such authorization at any time, and any
such use shall be discontinued immediately upon notice from Program Solutions.
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Materials specified above do not include the layout or design of this Site.
Elements of this Site are protected by trade dress or other laws and may not be
imitated or reproduced in whole or in part.
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Materials specified above do not include logos, graphics, sounds, product
demonstration files, product executables, or images on this Site, which may be
reproduced or distributed only when expressly permitted by Program Solutions.
Access to the Site Program Solutions may alter, suspend, or
discontinue this Site or any of the Materials at any time and for any reason,
without prior notice to you. The Site may become unavailable due to maintenance
or malfunction of computer equipment or other reasons. If you do not abide by
the provisions of the Terms of Use, Program Solutions may immediately
deactivate or delete your user account and/or prohibit access to the Site from
the offending domain and/or network address and/or bar any further access to
the Materials, and/or the Site. Program Solutions shall not be liable to you or
any third party for any termination or cancellation of your access to, or use
of, the Site.
By using the Site, you agree to indemnify, hold harmless, and defend Program
Solutions from and against any claims, actions, damages or liabilities,
including reasonable attorney fees, resulting from your breach of the Terms of
Use, or you access to, use, misuse of this Site or any information or Materials
provided on this Site.
Use of Software The software and accompanying documentation
available to download from this Site are the copyrighted work of Program
Solutions. Use of the software is governed by the terms of the end user license
agreement, which accompanies such software. If no license agreement accompanies
the download, the terms of the license, which accompanies the original product
being updated, will govern. You will not be able to use, download, or install
any software unless you agree the terms of such end user license agreement.
Any software that is downloaded from the Site for or on behalf of the United
States of America is considered a “commercial component” as that term is
defined in the Code of Federal Regulations. Consistent with applicable sections
of the Code of Federal Regulations, all U.S. Government entities acquire the
software subject to the rights set forth in the end user license agreement.
Third Party Web Sites Program Solutions’ site may provide links
to third-party web sites, which are not under the control of Program Solutions.
Program Solutions makes no representations about third-party web sites. Program
Solutions is not responsible for the reliability of any data, opinions, advice,
or statements made on third party sites. Program Solutions provides these links
merely as a convenience. The inclusion of such links does not imply that
Program Solutions endorses, recommends, or accepts any responsibility for the
content of such sites. Program Solutions shall not be liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by the use of
a third party web site or any information or materials received from a third
party web site.
Submisssion Program Solutions does not want to receive
confidential or proprietary information through its Site. Any information sent
to Program Solutions, with the exception of credit card numbers, will be deemed
NOT CONFIDENTIAL. You grant Program Solutions an unrestricted, irrevocable
license to display, use, modify, reproduce, and distribute any information you
send Program Solutions, for any and all commercial and non-commercial purposes.
You also agree that Program Solutions is free to use any ideas, concepts, or
techniques that you send Program Solutions for any purpose, including, but not
limited to, developing, manufacturing, and marketing products that incorporate
such ideas, concepts or techniques.
Program Solutions may, but is not obligated to, review or monitor areas on its
Site where users may transmit or post communications, including bulletin
boards, chat rooms, and user forums. Program Solutions is not responsible for
the accuracy of any information, data, opinions, advice, or statements
transmitted or posted on bulletin boards, chat rooms, and user forums.
You are prohibited from posting or transmitting to or from this web site any
libelous, obscene, defamatory, pornographic, or other materials that would
violate any laws. However, if such communications do occur, Program Solutions
will have no liability related to the content of any such communications.
DISCLAIMER OF WARRANTIES ALL MATERIALS PROVIDED ON THIS SITE
ARE PROVIDED ON AN “AS IS” BASIS AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, Program Solutions DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MECHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, BUT WITHOUT LIMITATION,
Program Solutions DOES NOT WARRANT THAT: (i) THE INFORMATION ON THIS SITE IS
CORRECT, ACCURATE OR RELIABLE; (ii) THE FUNCTIONS CONTAINED ON THIS SITE WILL
BE UNINTERRUPTED OR ERROR-FREE; OR (iii) DEFECTS WILL BE CORRECTED, OR THAT
THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER
HARMFUL COMPONENTS.
LIMITATIONS OF LIABILITY UNDER NO CIRCUMSTANCES SHALL Program
Solutions BE LIABLE FOR ANY DAMAGES, INCLUDING INCIDENTAL, SPECIAL,
CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER INDIRECT DAMAGES OR FOR LOST
PROFITS OR LOSS OF USE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO
USE, THIS SITE OR THE INFORMATION OR MATERIALS CONTAINED ON THIS SITE, EVEN IF
Program Solutions HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL Program Solutions’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE) OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE
INABILITY TO USE, THIS SITE OR THE INFORMATION OR MATERIALS CONTAINED ON THIS
SITE EXCEED $1.
No Additional Rights You acknowledge and agree that except for
the rights expressly granted above, all other right, title and interest in and
to the Site, Materials and any services related thereto, including any and all
patent, trademark, copyright, trade secret, intellectual and industrial
property rights remain the sole and exclusive property of Program Solutions,
its suppliers and/or its licensors. Except as specifically set out in the Terms
of Use, you are not authorized to use Program Solutions’s name or any of its
trademarks or those of its suppliers and/or its licensors in any manner
whatsoever, absent prior written approval from Program Solutions.
International Users The Site can be accessed from countries
around the world and may contain references to products, services and programs
that are not available in your country. These references do not imply the
Program Solutions intends to announce such products, services or programs in
your country. Program Solutions makes no representation that Materials on this
Site are appropriate or available for use in locations outside of Canada and
the United States and access to the Materials from territories where they are
prohibited is illegal. If you choose to access this Site from outside Canada or
the United States, you do so on your own initiative and are responsible for
compliance with local laws.
Export of Information The United States Export Controls laws
prohibit the export of certain technical data and software to certain
countries. It is your responsibility to comply with all applicable
international, national, state, regional, and local laws, and regulations,
including any applicable import and use restrictions.
Miscellaneous These terms are governed by the internal
substantive laws of the State of Texas, without respect to its conflict of laws
provisions. You expressly agree to submit to the exclusive personal
jurisdiction of the state and federal courts sitting in the City
of Arlington in the State of Texas. If any provision of these Terms is
found to be invalid by any court having competent jurisdiction, the invalidity
of such provision shall not affect the validity of the remaining provisions of
these Terms, which shall remain in full force and effect. Except as expressly
agreed by Program Solutions and you, these Terms constitute the entire
Agreement between you and Program Solutions with respect to the subject matter
and use of the Site.
