Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY.
By accessing or otherwise using this site, you agree to be bound contractually by these Terms of Use.
Click here for a listing of material changes to this Agreement and their effective dates.
1. Parties.
The parties to this Agreement are you, and the owner and operator of
this commondatahub.com website, Probiant LLC ("Probiant"). All
references to "we", "us", "our", this "website" or this "site" shall be
construed to mean Probiant.
2. Modification of Agreement.
We reserve the right to modify this Agreement at any time, and without
prior notice, by posting an amended Agreement that is always accessible
through the "Terms of Use" link on this site's home page. Your
continued use of this site indicates your acceptance of the amended
Agreement. You should check this Agreement through this link
periodically for modifications by clicking on the link provided near
the top of the Agreement for a listing of material changes and their
effective dates.
3. License And Restrictions.
Subject to these Terms of Use and our Privacy Policy, you are granted
limited, non-exclusive, revocable, non-transferable, worldwide rights
to use the public areas of this site, only for your own internal
business and personal purposes. You are not authorized to access
this site for purposes of monitoring its availability, performance, or
functionality, or to derive product/service listings, prices,
specifications, or benchmarks for competitive purposes. You are not
authorized to (i) resell, sublicense, transfer, assign, or distribute
the site, its services or content; (ii) modify or make derivative works
based on the site, its services or content; (iii) except for linking to
this site’s home page, create Internet links to the site, its services
or content, or (iv) "frame" or "mirror" the site, its services or
content on any other server or Internet-enabled device. All
rights not expressly granted in this Agreement are reserved by us and
our licensors.
4. Posting To This Site.
We will not treat information that you post to areas of this site that
are viewable by others (for example, to a forum or chat-room) as
proprietary, private, or confidential. We have no obligation to
monitor posts to this site or to exercise any editorial control over
such posts; however, we reserve the right to review such posts and to
remove any material that, in our judgment, is not appropriate.
Posting, transmitting, promoting, using, distributing or storing
content that could subject us to any legal liability, whether in tort
or otherwise, or that is in violation of any applicable law or
regulation, or otherwise contrary to commonly accepted community
standards, is prohibited, including without limitation information and
material protected by copyright, trademark, trade secret, nondisclosure
or confidentiality agreements, or other intellectual property rights,
and material that is obscene, defamatory, constitutes a threat, or
violates export control laws.
5. Defamation; Communications Decency Act Notice.
This site is a provider of “interactive computer services” under the
Communications Decency Act, 47 U.S.C. Section 230, and as such, our
liability for defamation and other claims arising out of any postings
to this site by third parties is limited as described therein. We
are not responsible for content or any other information posted to this
site by third parties. We neither warrant the accuracy of such
postings or exercise any editorial control over such posts, nor do we
assume any legal obligation for editorial control of content posted by
third parties or liability in connection with such postings, including
any responsibility or liability for investigating or verifying the
accuracy of any content or any other information contained in such
postings.
6. Monitoring.
We reserve the right, but not the obligation, to monitor your access
and use of this web site without notification to you. We may
record or log your use in a manner as set out in our Privacy Policy
that is accessible though the [----Privacy Policy----] link on this
site’s home page.
7. USA Patriot Act Notice.
The U.S. federal USA Patriot Act ("USA Patriot Act") provides generally
for the operator of a communication host and law enforcement to be able
to monitor any content, upon request of the operator. We
anticipate fully complying with all our obligations, and availing
ourselves of all our rights, under the USA Patriot Act.
8. Separate Agreements.
You may acquire products, services and/or content from this site, and
your purchase and use of such products, services and/or content will be
governed by these Terms of Use and/or by any separate written agreement
signed by the parties and/or separate agreement originating from this
site.
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9. Ownership.
The material provided on this site is protected by law, including, but
not limited to, United States copyright law and international treaties.
The copyright in the content of this site is owned by Probiant or
others. Except for the limited rights granted above, all other rights
are reserved. All trademarks are the property of their respective
owners.
10. Copyright Infringement; The Digital Millennium Copyright Act Notice.
This site is an Internet "service provider” under the Digital
Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As
Required by the DMCA, this site maintains specific contact information
provided below, including an e-mail address, for notifications of
claimed infringement regarding materials posted to this site. All
notices should be addressed to the contact person specified below (our
agent for notice of claimed infringement):
Notification of Claimed Infringement:
Probiant LLC
433 Hackensack Avenue
Hackensack, NJ 07601
Agent's Name/Email Address: compliance.officer@commondatahub.com
Telephone: 201-575-4300
Facsimile: 201-489-5555
Youmay contact our agent for notice of claimed infringement specified
above with complaints regarding allegedly infringing posted material
and we will investigate those complaints. If the posted material
is believed in good faith by us to violate any applicable law, we will
remove or disable access to any such material, and we will notify the
posting party that the material has been blocked or removed.
In
notifying us of alleged copyright infringement, the DMCA requires that
you include the following information: (i) description of the
copyrighted work that is the subject of claimed infringement; (ii)
description of the infringing material and information sufficient to
permit us to locate the alleged material; (iii) contact information for
you, including your address, telephone number and/or e-mail address;
(iv) a statement by you that you have a good faith belief that the
material in the manner complained of is not authorized by the copyright
owner, or its agent, or by the operation of any law; (v) a statement by
you, signed under penalty of perjury, that the information in the
notification is accurate and that you have the authority to enforce the
copyrights that are claimed to be infringed; and (vi) a physical or
electronic signature of the copyright owner or a person authorized to
act on the copyright owner's behalf. Failure to include all of
the above-listed information may result in the delay of the processing
of your complaint.
11. Accuracy of Information and Disclaimer of Warranty.
Probiant has made every effort to present the content on this site
accurately, but additions, deletions and changes may occur.
Except as may be provided in any separate agreements originating from
this site, products, services, and/or content on this site is provided
“as is”, and neither Probiant nor its representatives make any
representation or warranty with respect to such products, services,
and/or content. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN
AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM
THIS SITE, PROBIANT AND ITS REPRESENTATIVES SPECIFICALLY DISCLAIM, TO
THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR
IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT
ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS,
NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.
12. Limitation of Liability.
Under no circumstances will Probiant or its affiliates have any
liability with respect to any claims or damages (whether direct or
indirect, special, incidental, consequential or punitive) as a result
of your access or use of (or inability to access or use) this site or
its services, information or content, even if they have been advised of
the possibility of such damages. You access and use this site at your
own risk.
13. Links to This Site.
Probiant grants you a limited, revocable, and nonexclusive right to
create a hyperlink to the home page of this site so long as the link
does not portray Probiant or its products or services in a false,
misleading, derogatory, or offensive matter. You may not use the
Probiant logo, Probiant trademark, or Probiant’s name or trademarks, or
other proprietary graphic in the link without the prior written
permission of Probiant.
14. Links to Third Party Web Sites.
Probiant does not review or control third party Web sites that link to
or from this site, is not responsible for their content, and does not
represent that their content is accurate or appropriate. Your use of
such third party site is on your own initiative and at your own risk
and may be subject to the other sites’ terms of use.
15. Participation In Promotions Of Advertisers.
You may enter into correspondence with or participate in promotions of
advertisers promoting their products, services or content on this site
("Advertisers"). Any such correspondence or participation,
including the delivery of and the payment for products, services or
content, is solely between you and each Advertiser.
16. Consumer Rights Information; California Civil Code Section 1789.3.
Pricing information is posted as part of the ordering page(s) for this
site. Probiant maintains specific contact information including
an e-mail address for notifications of complaints and for inquiries
regarding pricing policies in accordance with California Civil Code
Section 1789.3. All correspondence should be addressed to
Probiant's agent for notice at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry:
Probiant LLC
433 Hackensack Avenue
Hackensack, NJ, 07601
Contact: compliance.officer@commondatahub.com
Telephone: 201-575-4300
Facsimile: 201-489-5555
You may contact Probiant with complaints and inquiries regarding pricing
and we will investigate those matters and respond to the inquiries.
The
Complaint Assistance Unit of the Division of Consumer Services of the
Department of Consumer Affairs may be contacted in writing at 1020 N.
Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
17. Arbitration.
Except for actions to protect intellectual property rights and to
enforce an arbitrator’s decision hereunder, all disputes,
controversies, or claims arising out of or relating to this Agreement
or a breach thereof shall be submitted to and finally resolved by
arbitration under the rules of the American Arbitration Association
(“AAA”) then in effect. There shall be one arbitrator, and such
arbitrator shall be chosen by mutual agreement of the parties in
accordance with AAA rules. The arbitration shall take place in
Hackensack, New Jersey, and may be conducted by telephone or
online. The arbitrator shall apply the laws of the State of New
Jersey, USA to all issues in dispute. The controversy or claim
shall be arbitrated on an individual basis, and shall not be
consolidated in any arbitration with any claim or controversy of any
other party. The findings of the arbitrator shall be final and
binding on the parties, and may be entered in any court of competent
jurisdiction for enforcement. Enforcements of any award or judgment
shall be governed by the United Nations Convention on the Recognition
and Enforcement of Foreign Arbitral Awards. Should either party
file an action contrary to this provision, the other party may recover
attorney's fees and costs up to $1000.00.
18. Jurisdiction And Venue.
The courts of Bergen County in the State of New Jersey, USA and the
nearest U.S. District Court in the State of New Jersey shall be the
exclusive jurisdiction and venue for all legal proceedings that are not
arbitrated under these Terms of Use.
19. Controlling Law.
This Agreement shall be construed under the laws of the State of New
Jersey, USA, excluding rules regarding conflicts of law. The
application the United Nations Convention of Contracts for the
International Sale of Goods is expressly excluded.
20. Intended For Use Only In The United States. This
site is intended for use only from within the United States. We do not
represent that this site is appropriate for use elsewhere. Access
to this site from locations where its contents are illegal is not
authorized.
21. Location of Our Servers. This site’s servers will be located only in the United States.
22. Force Majeure.
We shall not be liable for damages for any delay or failure of delivery
arising out of causes beyond their reasonable control and without their
fault or negligence, including, but not limited to, Acts of God, acts
of civil or military authority, fires, riots, wars, embargoes, Internet
disruptions, hacker attacks, or communications failures.
23. Privacy. Please review this site's Privacy Policy which also governs your visit to this site. Our Privacy Policy is always accessible on our site's home page.
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