projxs.com terms & conditions



 
 
Projxs.com Terms & Conditions
 
Please read the following Terms of Use before logging in to projxs.com.
 
Projxs.com Terms of Use
Welcome to projxs.com from WindSage Technologies. By logging on to projxs.com, you are agreeing to be legally bound by these Terms of Use ("Terms"). Please read these Terms carefully.

PLEASE CAREFULLY REVIEW THE TERMS OF USE OF THIS WEBSITE.

These Terms describe the terms and conditions that apply to your use of the Projxs.com web site (the "Site"). By submitting a registration form, you state that you are over 18 years of age and agree to be legally bound by these Terms. If you are representing a company or other entity, you are also warranting that you are authorized to accept these Terms on behalf of that party. WindSage Technologies reserves the right to accept or reject registrations for the Site.
 
WindSage Technologies reserves the right to change the Terms from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms posted on the projxs.com web site at the time of such use
 
LIMITED USE OF THE SITE
 
The use of the Site or Services (as defined below) is limited to those persons who are clients or customers of WindSage Technologies ONLY. Registration on or use of this Site or Services for the purpose of ascertaining the scope or function of the Site or Services is prohibited unless such use can reasonably be foreseen to result in your becoming a client or customer of WindSage Technologies.
 
FEES AND SERVICES
 
The fee schedules posted on the projxs.com web site indicate the fees ("Fees") for each service and also provides a description of the services available ("Services") on the Site. WindSage Technologies may in its sole discretion change any or all of our Fees and Services at any time. If we introduce a new service, the Fees for that Service will be posted on the Site. You can sign up for additional services at any time. We will provide you reasonable notice by e-mail of a change in the Fees.
 
You will be invoiced promptly after your registration for the Services and payment is due immediately upon receipt of invoice. If you register using a credit card your service fees will be charged to the credit card account that you specified. You understand that failure to pay invoices when due may result in suspension in your use of the Services. However, we will reinitiate the suspended Services upon receipt of payment. You also understand that your failure to keep your credit card information current may result in suspension in your use of the Services. However, we will reinitiate the suspended Services once you provide us with valid and current credit card information or upon receipt of payment.
 
CONTENT SUBMISSIONS
 
Your communications on, or through, the Site are not edited or otherwise controlled by WindSage Technologies. WindSage Technologies reserves the right, but has no obligation, to monitor the content of the Site to determine compliance with these Terms and any other operating rules established by WindSage Technologies, or any applicable laws. WindSage Technologies has the right, in its sole discretion, to refuse to process, or remove any material submitted to or posted on the Site which WindSage Technologies, in its sole discretion, determines to be false, misleading, harmful, offensive, or otherwise inappropriate or unlawful. You agree that any content that you place on the Site, or any other use that you make of the Site, will not infringe the intellectual property rights of WindSage Technologies or a third party and shall not contain any virus, or any other computer program that is intended to damage or surreptitiously intercept or expropriate any system, personal information, or data. You remain solely responsible for your content on the Site and you expressly agree that WindSage Technologies will have no liability for any action or inaction by WindSage Technologies with respect to any communication or posting you make on the Site.
 
You agree expressly to indemnify, defend and hold WindSage Technologies harmless against any third party claim made against WindSage Technologies as a result of your violation of any of these Terms.
 
YOUR OBLIGATIONS
 
You agree not to do any of the following while using the Site:
  • upload, post or otherwise transmit any data or content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • use the web site to harm minors in any way;
  • impersonate any person or entity, including, but not limited to, a WindSage Technologies official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," pyramid schemes," or any other form of solicitation;
  • intentionally or unintentionally violate any applicable law or regulation;
  • promote or provide instructional information about illegal activities, or promote physical harm or injury against any group or individual;
  • post or transmit any content that you do not have the right to post or transmit under any law, contractual duty or fiduciary relationship;
  • post or transmit any content that infringes a third party's trademark, patent, trade secret, copyright, publicity, or privacy rights;
  • access, tamper with or use non-public areas of the web site or WindSage Technologies' computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution and their rights to use the Site and Services will be terminated immediately without notice;
  • frame or link to the Site except as permitted in writing by WindSage Technologies.
 
TERM AND TERMINATION
 
These Terms shall be effective as of the date you receive a user name and password authorizing access to the Site, and shall continue in force and effect until the end of the subscription period or until terminated in accordance with this Section.
 
WindSage Technologies may terminate your account and deny access to the Site and Services, upon the breach by you of any provision of these Terms. WindSage Technologies may terminate your account at any time for any reason upon thirty (30) days written or e-mailed notice to you. The disclaimer of warranty and limitation of liability and governing law and jurisdiction provisions of these Terms shall survive the termination of this Agreement.
 
ACCOUNT INFORMATION
 
You agree to provide WindSage Technologies with accurate and truthful personal information about you, including, but not limited to, name, address, company name, e-mail address, and credit card information, sufficient for us to send you correspondence and to bill you for Services. Your personal information shall not be false, misleading, or fraudulent.
 
COPYRIGHT & PROPRIETARY NOTATIONS
 
The Site and its content ("WindSage Technologies Content") are protected by international copyright and possibly other laws. You may print and download portions of the WindSage Technologies Content solely in connection with your use of the Site or Services. In downloading materials from the Site, you agree not to change or delete any proprietary notices, trademarks, and the like from any materials posted. Any other copying, redistribution, publication, or retransmission of any portion of this material is strictly prohibited without express written consent of WindSage Technologies.
 
Various products on the Site carry registered or other trademarked symbols and are the sole property of their registered owners. Our failure to display the trademark symbols at every use does not invalidate their ownership status. Site users are responsible for labeling their own products, services or other listings and WindSage Technologies has no obligation and assumes no risk or obligation associated with your protection of your intellectual property rights. WindSage Technologies expressly disclaims any liability for the protection of your intellectual property.
 
PRIVACY
 
WindSage Technologies holds your privacy in the highest regard. WindSage Technologies aggregates user statistics for its own use. WindSage Technologies will take reasonable measures not to disclose information about you or your processing to any other party, except when WindSage Technologies believes in good faith that such action is necessary to (a) comply with the law or legal process; (b) to enforce the Terms; (c) to respond to claims that any content violates the rights of third parties; or (d) to protect the legitimate interests of WindSage Technologies or others. WindSage Technologies' privacy policy is available at http://www.projxs.com/privacy.htm, and contains additional terms and conditions that are binding upon you. WindSage Technologies reserves the right to change its privacy policy at any time.
 
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
 
SERVICES ON THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, (A) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULLNESS, OR CONTENT OF THE SITE OR SERVICES AND (B) WARRANTIES OF TITLE OR NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
 
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE AND COMPLETE RISK. NEITHER WINDSAGE TECHNOLOGIES, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, NOR ITS CONTRACTORS WARRANT THAT THE SYSTEM WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO THEY WARRANT CONTINUOUS, UNINTERRUPTED, ACCURATE, OR SECURE ACCESS TO THE SERVICES.
 
THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE DISCLAIMERS PROVIDED FOR HERE, SO SOME OF THE ABOVE EXCLUSIONS AND DISCLAIMERS MAY NOT APPLY TO YOU.
 
UNDER NO CIRCUMSTANCES SHALL WINDSAGE TECHNOLOGIES, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS SUPPLIERS, CONTRACTORS, OR ANYONE ELSE ACTING THROUGH OR ON WINDSAGE TECHNOLOGIES'S BEHALF, INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SERVICES, BE LIABLE FOR ANY CLAIMS, CAUSE OF ACTION, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, TREBLED, OR PUNITIVE DAMAGES THAT RESULT OR ARE ALLEGED TO HAVE RESULTED FROM THE USE OR INABILITY TO USE THE SERVICES OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS, FAILURE OF PERFORMANCE, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO WINDSAGE TECHNOLOGIES'S RECORDS, PROGRAMS OR SERVICES, WHETHER OR NOT LIMITED TO ACTS OF GOD.
 
EXCEPT IN THE EVENT OF OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT WILL WINDSAGE TECHNOLOGIES HAVE ANY LIABILITY FOR ANY ACTION OR INACTION BY WINDSAGE TECHNOLOGIES WITH RESPECT TO THE SERVICES OFFERED AT THE SITE. IN ALL EVENTS, WINDSAGE TECHNOLOGIES'S LIABILITY HEREUNDER SHALL NOT UNDER ANY CIRUMSTANCES EXCEED THE AMOUNT OF FEES ACTUALLY RECEIVED BY WINDSAGE TECHNOLOGIES IN THE ONE MONTH PERIOD PRIOR TO THE INCIDENT OR OCCURRENCE GIVING RISE TO AN ALLEGED LIABILITY.
 
INDEMNITY
 
You agree to indemnify, defend and hold WindSage Technologies and its subsidiaries, suppliers, contractors and affiliates and their officers, directors, agents and employees and contractors harmless from any claim, demand, action, cost and expense, including reasonable attorneys' fees, made by any third party for any reason, including but not limited to those claims arising out of your: (i) use of the Site or Services; (ii) breach of these Terms or the documents it incorporates by reference; and (iii) violation of any law or the rights of any third parties.
 
GOVERNING LAW AND JURISDICTION
 
This Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut, without reference to its conflicts of laws. Any claim arising from the use of the Site or Services or related to this agreement shall be settled by binding arbitration according to the American Arbitration Association rules for commercial arbitration. Any such claim shall not be consolidated with any claim of any other party. The arbitration will be conducted in Hartford, Connecticut and judgment on the arbitration award may be entered into any court having jurisdiction.
 
COPYRIGHT COMPLAINTS
 
The designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is President, WindSage Technologies, P.O. Box 1614, New Canaan, CT 06840 or e-mail at tom@windsage.com.
 
PASSWORDS
 
You are responsible for maintaining the confidentiality of your registration information and password. You agree to notify WindSage Technologies as soon as you discover any unauthorized use of your password.
 
OTHER TERMS
 
All notices must be sent by certified mail, return receipt requested, or by a commercial overnight courier service for signed delivery; to WindSage Technologies, P.O. Box 485, Southbury, CT 06488; or to you at the address listed in your account information on the Site. These addresses may be changed by our posting updated address information in these Terms or by you updating your account information. Notice will be deemed given five (5) days after the date of mailing.
 
ENTIRE AGREEMENT; SEVERABILITY; WAIVER.
 
This Agreement sets forth the entire agreement between us regarding the Site and Services and supersedes all previous representations, understandings, or terms. If any provision of these Terms is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless continue in full force and effect and the parties shall substitute for the affected provision an enforceable provision, which approximates the intent and economic effect of the affected provision. Our failure to act with respect to a breach by you does not waive our right to act with respect to subsequent or similar breaches.