Terms of Use
PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS (“TERMS OF USE”) BEFORE ACCESSING OR USING OUR WEBSITE (“PROTERA WEBSITE”) BECAUSE THEY FORM A LEGAL AGREEMENT BETWEEN YOU AND PROTERA TECHNOLOGIES (“PROTERA”). THESE TERMS GOVERN YOUR ACCESS AND USE OF THE PROTERA WEBSITE AT https://www.protera.com/ .
1. General
By accessing or using the Protera Website, you are considered to have read and accepted these Terms of Use. In case you do not agree with or otherwise accept the Terms of Use, then you may not access or use our website.
Protera reserves the right to make changes to the Terms of Use at any time without giving you notice. Protera will post the most current version of the Terms of Use here. You are advised to review the Terms of Use on a regular basis as you will be considered to have read and accepted the revised Terms of Use if you continue to use the Protera Website after the changes have been posted.
Protera makes every possible effort to ensure that all information published on the Protera Website, including information regarding our products, services and events, is correct and complete when posted. However, Protera cannot guarantee that all information will be accurate. Furthermore, Protera aims to update the Protera Website regularly, and may change the content at any time without notice. If the need arises, Protera may suspend access to some or all parts of the Protera Website, or even close it indefinitely.
Protera will make every possible effort to ensure that the Protera Website is always available to you. However, Protera cannot guarantee that the Protera Website will be continuously available, nor that your use of the Protera Website will be uninterrupted or error-free; or that the Protera Website will be free from malicious attacks. Therefore, it is recommended that you take your own measures to protect yourself against any such risks.
2. Privacy
Protera collects personal data through the websites, online features, services and applications owned or controlled by Protera. You understand that by accessing and using the Protera Website you consent to the collection and processing of such data. For information on how your personal data is used and your rights in relation to your personal data please refer to the Protera Privacy Notice available at https://www.protera.com/legal/privacy.
If you have any questions in relation to your personal data, then please contact dpteam@protera.com.
3. Intellectual Property Rights
The design and content of the Protera Website (including the specific design and structure, all text, logos, photographs, graphics, images, video, audio, illustrations, html, source and object code, algorithms and links), as well as the material published on it (data, documentation, service and product names, logos, designs, titles, and certain words or phrases, as well as all other information and content of any kind) are Intellectual Property of Protera or our licensors protected by copyright, trademark or other proprietary rights, whether or not registered.
All rights, title and interest, including all intellectual property rights, in and to the Protera Website belong to Protera (or to our licensors as relevant).
Protera may grant you express permission to use certain material published on the Protera Website. However, unless Protera does so, nothing in these Terms of Use or on the Protera Website confers to you any license or right to use any material on the Protera Website without the prior written approval of the owner, whether that is Protera or our licensors.
4. Use of the Protera Website
Protera gladly offers the Protera Website to all permitted users and intends to make the use of the Protera Website a safe and rewarding experience for you. However, you are expected to use the Protera Website in a lawful and acceptable manner. Protera shall not tolerate any use of the Protera Website that could compromise the availability or integrity of the Protera Website, or that could impair Protera’s reputation, or give rise to legal or regulatory liabilities for Protera.
Therefore, you must not use the Protera Website:
- in any manner that contravenes any applicable international, federal, state and/or local laws and regulations;
- in any unlawful or fraudulent manner, or for any unlawful or fraudulent purpose (or effect);
- to send unsolicited or unauthorized advertising or promotional material or any other form of unsolicited communication (spam); or
- to transmit data, send or upload material that contains malicious software.
You also agree not to:
- reproduce, duplicate, copy or re-sell the whole or any part of the Protera Website; or
- access without authority, interfere with, damage or disrupt the Protera Website, or any related equipment, network or software.
5. Links to External Sites
The Protera Website may contain links that allow you to leave the Protera Website and visit third-party websites (“External Sites”). You acknowledge that External Sites may contain terms and conditions of use, data privacy rules and policies, confidentiality provisions and other terms (“External Site Terms”) that are different from the Terms of Use which apply to the Protera Website. Protera has no control over the External Sites and thus, is not responsible for, and expressly disclaims any and all liability for or related to, the content (including the External Site Terms), the use by you or the availability of any External Sites, for any products or services you buy through those External Sites or for the treatment of any personal information you provide to such External Sites. You should contact the administrator or webmaster for those External Sites if you have any concerns regarding the links to them, the content located on such External Sites, or their External Site Terms.
6. Cookies
Protera uses cookies on the Protera Website (small text files that allow the Protera Website to "remember" who you are). You can find detailed information about the cookies that Protera uses, how Protera uses the cookies to store and access information about you, as well as how you can choose to reject the cookies in the Protera Privacy Notice, available at https://www.protera.com/legal/privacy.
7. Disclaimer of Warranties; Limitation of Liability
PROTERA PUBLISHES THE PROTERA WEBSITE "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY OF THE INFORMATION OR THE PRODUCTS OR SERVICES REFERRED TO ON THE WEBSITE (IN SO FAR AS SUCH WARRANTIES MAY BE EXCLUDED UNDER ANY RELEVANT LAW) AND PROTERA SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGE THAT MAY RESULT FROM USE OF THE PROTERA WEBSITE AS A CONSEQUENCE OF ANY INACCURACIES IN, OR ANY OMISSIONS FROM, THE INFORMATION WHICH THEY MAY CONTAIN.
THE AFOREMENTIONED DO NOT AFFECT PROTERA’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM NEGLIGENCE, OR LIABILITY FOR FRAUD (INCLUDING FRAUDULENT MISREPRESENTATION) IN THE UNLIKELY EVENT THAT THIS SHOULD HAPPEN, OR ANY OTHER LIABILITY WHICH PROTERA IS NOT ALLOWED TO LIMIT OR EXCLUDE BY LAW.
8. Suspension and Termination Rights of Protera
The purpose of these Terms of Use is to protect Protera, the Protera Website and the users of the Protera Website. Thus, failure to comply with the provisions set out in these Terms of Use is considered serious breach of these terms. Accordingly, Protera may, at any time, do any or all of the following (as well as take any other action deemed appropriate), if Protera has reasons to believe that you are in violation of these Terms of Use:
- seek equitable relief (including injunctive relief and/or specific performance) to rectify your behavior;
- suspend or terminate your right to access the Protera Website;
- take legal action against you, including to recover any loss that Protera may have suffered due to your actions;
9. Miscellaneous
These Terms of Use constitute the entire agreement between you and Protera regarding their subject matter and supersede all prior agreements, negotiations and discussions relating to them.
These Terms of Use and any dispute or claim arising out of or in connection with the Terms of Use, the use of the Protera Website and its content shall be governed by and construed in accordance with the laws of the State of Illinois, USA (and applicable U.S. federal law), without regard to conflicts of law principles, and any action to enforce the Terms of Use shall be brought in the federal or state courts located in Cook County in the State of Illinois, USA.
If any provision in these Terms of Use is held to be invalid, illegal or unenforceable, then to the extent possible such provision shall be construed to reflect the intent of the original provision, with all other provisions in these Terms of Use remaining in full force and effect.
Failure or delay to exercise any right under these Terms will not be considered as a waiver of such right.
Except as expressly set forth herein, any remedy set out in these Terms of Use is not exclusive of any other available remedy. Any breach of the Terms of Use will entitle the affected party to equitable relief (including injunctive relief and/or specific performance). No post bond or proof of actual damages shall be required in connection with any such request for injunctive relief.
10. Digital Millennium Copyright Act (“DMCA”) Notice.
Materials may be made available via the Protera Website by third parties not within Protera’s control. Protera is under no obligation to, and do not, scan this content for the inclusion of illegal or impermissible content. However, Protera respects the copyright interests of others. It is the policy of Protera not to permit materials known to infringe another party’s copyright to remain on the Protera Website. In addition, Protera responds to notices of alleged copyright infringement in accordance with the DMCA’s safe harbor provisions. If you believe, in good faith, that any materials on the Protera Website infringe a copyright, you may provide Protera with written notice that at a minimum contains the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Protera to locate the material.
- Information reasonably sufficient to permit Protera to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to the designated agent of Protera as follows:
Protera Technologies, LLC
1 Westbrook Corporate Center, Suite 560
Westchester, IL 60154
Tel: 877.707.7683
Email: legal@protera.com
Although it is the policy of Protera to terminate content-related relationships with third parties who repeatedly infringe the copyrights of others, Protera shall not be liable to you or any third party under any circumstances for declining to remove or replace any content or material on the Protera Website.
11. Contact
If you would like to contact us regarding the Protera Website or any of the material on it, please email us to: marketing@protera.com
These Terms of Use were last updated on January, 2024.