Procedural Inc. (“Procedural”) provides this website (the “Site”) as a service to its customers, partners and employees. By using the Site, you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE. Procedural may change these Terms of Use from time to time, at Procedural's discretion. Your continued use of the Site following the posting of such changes will constitute your assent to all such changes. Please visit periodically this section of the Site to review the current version of these Terms of Use.
These Terms of Use apply to the Procedural.com website. Procedural also operates other websites, which may be subject to their own terms. Please review those websites for their applicable terms of use.
Generally speaking, all information or materials contained on the Site (including but not limited to all graphics, images, video clips, audio, video, images, or other types of content) (“Site Information”) is the property of Procedural and/or its suppliers or licensors.
Unless otherwise noted in a particular document, Procedural hereby authorizes you to electronically copy or print in hard copy any document published by Procedural on the Site solely for your internal reference purposes within your organization. In consideration of and as a condition to this authorization, you agree that all such copies shall retain all copyright and other proprietary notices contained therein. Any other use of information provided by Procedural without prior written approval from Procedural or the appropriate supplier or licensor is strictly prohibited.
Certain documents published on the Site may contain other restrictions, proprietary notices and/or copyright information relating to that individual document, including but not limited to notices that limit or prohibit your ability to make copies of that document. Please review all additional notices before making any copies.
Any software available to download from the Site is the copyrighted work of Procedural and/or its suppliers or licensors. Use of such software is governed by the terms of any end user license agreement that accompanies or is included with the software (“License Agreement”). Copying the software to any other location for further reproduction or redistribution is expressly prohibited, unless otherwise permitted by the terms of the License Agreement.
Procedural reserves the right to modify, revise or discontinue the Site, or any features, functionality or services provided as part of or in connection with the Site, without prior notice.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE SITE, you may not distribute, exchange, modify, sell or transmit anything you copy from the Site. UNAUTHORIZED USE OF THE MATERIALS OR INFORMATION CONTAINED HEREIN MAY CONSTITUTE A VIOLATION OF APPLICABLE CRIMINAL OR CIVIL LAWS, INCLUDING BUT NOT LIMITED TO COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY RIGHT LAWS.
The design of the Site is the property of Procedural. Elements of the Site, including but not limited to logos, graphics, sounds or images, are protected by copyright, and other laws, and may not be copied or imitated, unless specifically indicated.
Any links to third party sites are provided solely for your convenience. Such sites are not under the control of Procedural, and Procedural is not responsible for their content, any changes or updates to them, or the collection of any information by the operators of such sites.
You are permitted to view the Site only in its full presentation form and are prohibited from “framing” the Site. You may link to the Site by linking to the home page located at Procedural.com. “Deep linking” to any other pages in a manner to bypass the site home page is not welcome.
You acknowledge that Procedural has the right, in its sole discretion, to terminate your access to the Site, without liability to you or any third party, if you violate any of these Terms of Use, violate the rights of Procedural, interfere with any other user's access or use of the Site, or if Procedural decides that your use is otherwise detrimental to Procedural, the Site, or Procedural's suppliers or licensors. If you believe that someone has violated these Terms of Use, you may contact our webmaster.
Procedural may decide, in its discretion, to investigate the report and decide, in its sole discretion, to take any action relating to that report. Procedural does not have any obligation or liability to you for the performance or nonperformance of those activities.
In general, people may visit the Site while remaining anonymous and not reveal any personal information. Procedural may use “cookie” technology to obtain non-personal information from its online visitors, such as to keep track of where you are in the Site in order to provide any applicable customization options when you enter a particular Site section, to allow you to use features or services that you decide to select, or to keep track of usage of links provided on the Site. Procedural does not, however, use cookies to collect personally identifiable information about you.
You may be required by certain portions of the Site to provide certain personal information, such as your name, address, and email. For example, you may be required to provide that information when registering a product online, or when registering for a user account to participate in certain portions of the Site. For example, if the information was submitted as part of product registration, Procedural may use your information to record your ownership of the product and to contact you with information relevant to the product you registered, such as maintenance information, updates, or new product releases. Procedural does not, without your permission, distribute to third parties information you have submitted to this Site that identifies you personally. If such a disclosure should inadvertently occur, Procedural will use reasonable efforts to limit and remedy the disclosure, but will accept no liability for such disclosure.
Some portions of the Site may permit you to publicly post certain information that may identify you. If you decide to use those portions of the Site and post information about yourself, the information you post is, of course, public. Procedural intends to cooperate with any order or request from law enforcement officials or a court of competent jurisdiction for information as to the identity individuals submitting or posting information to Procedural or on the Site.
You will typically be able provided a means to change the information you submit to Procedural, either at the portion of the Site where you first provided it, or by contacting our webmaster
If you transmit to or otherwise provide to Procedural any feedback (such as questions, comments, suggestions, or the like) or data or materials (“User Feedback”), such User Feedback shall be deemed to be non-confidential and non-proprietary. Procedural shall have no obligation of any kind with respect to such User Feedback and shall be free to reproduce, use, disclose, modify, display and distribute the User Feedback to others without limitation. By transmitting such User Feedback to Procedural, you are deemed to grant to Procedural a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to use any ideas, concepts, know-how or techniques contained in such User Feedback for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such User Feedback.
From time to time, Procedural may provide certain portions of the Site to permit users to transmit or post communications, including discussion groups, bulletin boards, chat rooms, talent forum, and user forums. (“Posted Information”). Those special sections are provided by Procedural with the intent of making Posted Information publicly available, and may be subject to additional terms and conditions as noted in those sections.
Procedural may, but is not obligated to, review or monitor areas on the Site where users transmit or post communications, or Posted Information itself. Procedural is not responsible for the accuracy of any Posted Information, including but not limited to information, data, opinions, advice, or statements transmitted or posted in discussion groups, bulletin boards, chat rooms, and user forums.
By using these services and posting or transmitting to Procedural for posting such Posted Information, you thereby acknowledge and agree that all Posted Information is publicly available to any viewer of the Site. You further acknowledge and agree that Procedural shall have no responsibility, liability, or obligation to you with regard to the Posted Information, its protection, its use or misuse in anyway whatsoever by any entity, including but not limited to Procedural itself.
You are prohibited from transmitting to the Site any unsolicited chain letters or “spam”, or any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic material, or other material that would violate any applicable law or regulation. However, if such communications do occur, Procedural will have no liability related to the content of any such communications. You are also prohibited from impersonating any individual in any Posted Information. By providing information to Procedural, you are warranting to Procedural that you are who you say you are, that you have all rights necessary to provide that information to Procedural, and that the information you provide to Procedural is true and accurate.
You may not post or transmit to the Site any advertising, surveys, promotional materials, contests, or any other commercial or non-commercial solicitations.
By submitting the Posted Information for publication on the Site, you grant to Procedural, and its subsidiaries and affiliates, a perpetual, worldwide, royalty-free, irrevocable, sublicenceable, non-exclusive right to use, reproduce, display, modify, create derivative works, and distribute, (in any format whatsoever) the Posted Information for any purpose related to the Site.
You also hereby authorize any third party who lawfully accesses the Posted Information via the Site to make an electronic copy or print in hard copy the Posted Information, or portion thereof, solely for such third party's internal reference purposes within such third party's organization.
If your Posted Information includes links to internet sites (“Posted Links”), you are deemed, to the extent you are able, to grant to Procedural a worldwide, royalty-free, sublicenceable, non-exclusive right to display Posted Links for so long as the Posted Information is available on the Site. Procedural reserves the right in its sole discretion to remove any Posted Links for any reason whatsoever. Inclusion of any links (Posted Links or others) in Posted Information does not imply any endorsement by or responsibility of Procedural with regard to the contents of sites related to User Links.
The decision to make Posted Information available, or to use or respond to Posted Information is yours alone. Procedural has only made a portion of the Site available for the publication, distribution, and review of Posted Information. Procedural is not involved in any transactions between the users who submit Posted Information, and the users who view or use such information.
In addition, please note that Procedural cannot confirm that anyone is who he or she says they are. You assume all risks relating to any dealings you may undertake with anyone you encounter through the Site.
Procedural may, but has no obligation to review, screen, monitor, or edit any Posted Information, either in advance, or after posting. Procedural may post the Posted Information as submitted by the person registered to post the information, but will not accept any responsibility or liability for the accuracy of or omissions in such Posted Information. Inclusion of Posted Information on this Site does not imply any endorsement by Procedural of the Posted Information.
Procedural reserves the right, in its sole discretion, to take any actions with respect to Posted Information that it deems are in the best interests of Procedural or the Site, including but not limited to rejecting Posted Information, removing Posted Information, and/or revoking the access of any user who violates these Terms of Use.
Failure to adhere to any of these Terms of Use may result in messages and/or Posted Information being blocked, deleted from the Site and possible lock-out. Procedural also reserves the right to take any actions it deems necessary or appropriate to protect the Site and its content.
The site is provided by Procedural “as is” and with all faults. Procedural makes no representations or warranties of any kind, either express or implied with regard to the site, its contents, or its operation. To the fullest extent permitted by law, Procedural disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Without limiting the generality of the foregoing, procedural specifically states that the use of the site is at your own risk. Procedural disclaims any warranty with regard to the operation of the site, the accuracy or timeliness of the site, or its contents or the information or materials contained therein, any warranty that the site or its contents or the information or materials contained therein will be free of errors, viruses or other components that may infect, harm, or cause damage to your computer equipment or any other property, or any warranty that your use of the site or its content or the information and materials contained herein will be uninterrupted.
Without limiting the generality of the foregoing, procedural specifically informs you that procedural makes no warranties, representations, or guarantees as to the accuracy, truthfulness, or reliability of any posted information.
Under no circumstances shall Procedural or its suppliers or licensors be liable for any direct, special, incidental, indirect, economic or consequential damages (including, but not limited to, loss of data or loss of use damages or lost profits) arising out of or connected with the site (including but not limited to its operation, its contents or the information or materials contained therein, or the use or inability to use the site, or the use or inability to use any other site linked to the site, or any content contained in any such site, or these terms of use, or any other policy applicable to the site) even if Procedural, its suppliers, or licensors have been notified of the possibility of any damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, the respective liability of procedural, its suppliers and licensors shall be limited to the greatest extent permitted by applicable law.
This site terms of use shall be governed by and construed in accordance with the laws of Switzerland, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to this site terms of use shall be filed only in state court located in Zurich (Switzerland), and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this site terms of use.
Zurich, December 28th, 2007
©2007-2008 Procedural Inc., Zurich, Switzerland.
All rights reserved.