ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"), DO NOT USE THIS WEB SITE.
Use of Site. Unless otherwise specified, Pro Image International and its affiliates and subsidiaries ("Pro Image International") Web Sites are for your personal use. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from Pro Image International’s Web Sites. Pro Image International authorizes you to view and download the materials at this Web Site only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other Web site or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.
User Submissions. Other than personally identifiable information, which is covered under the Pro Image International Online Privacy Statement, any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary ("Communications"). Pro Image International will have no obligations with respect to the Communications. Pro Image International and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
Links To Other Web Sites. Pro Image International does not offer or provide links to third party Web Sites on this Site and does not allow third party Web Sites to provide links to this Web Site.
Spam Policy. Pro Image International is committed to permission-based email marketing practices, and as a result has established a no-tolerance Anti-Spam Policy regarding the use of its name, products, services or domains in any form whatsoever.
Spam is commercial email or unsolicited bulk email, including “junk mail”, which has not been requested by the recipient. It is intrusive and it wastes valuable resources. Spam messages are the opposite of permission-based email, which are normally anticipated, personal, relevant and/or associated with a pre-existing business or personal relationship. Inappropriate newsgroup or message board activities, consisting of excessive posting of the same materials to newsgroups or message boards, are also deemed to be spam.
By becoming a Pro Image member, you acknowledge and agree to comply with the Controlling the Assault of Non-Solicited Marketing (CAN-SPAM) Act of 2003. The ACT can be found in its entirety at: http://spamlaws.com/federal/108s877.html
You agree to fully and completely indemnify Pro Image International, its members, officers, directors, employees, agents and affiliates, for all damages arising from your breach of any of the obligations set forth in the CAN-SPAM Act. Upon notice from Pro Image to you requesting that you terminate e-mail solicitations, you shall immediately stop sending any e-mail solicitations promoting the Pro Image name, products and services.
If you believe that you have received spam from a member of Pro Image, please send a complaint from your email account along with the unsolicited email, with complete header, to email@example.com. Please provide any other information that you believe may help us in our investigation. Pro Image does not investigate or take any action based on “anonymous” spam complaints.
No Unlawful or Prohibited Use. As a condition of your use of the this Web Site, you warrant to Pro Image International that you will not use the Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Web Site in any manner which could damage, disable, overburden, or impair the Web Site or interfere with any other party’s use and enjoyment of the Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Web Site.
Disclaimer. THE MATERIALS PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Pro Image International further does not warrant the accuracy and completeness of the materials at this Site. Pro Image International may make changes to the materials at this Site, or to the products and prices described in them, at any time without notice. The materials at this Site may be out of date, and Pro Image International makes no commitment to update the materials at this Site. Information published at this Site may refer to products, programs or services that are intended for use only in a specific country and may not be used or relied upon in any other country. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of Liability. IN NO EVENT WILL Pro Image International, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Termination/Access Restriction. Pro Image International reserves the right, in its sole discretion, to terminate your access to any or all Pro Image International Web Sites and the related services or any portion thereof at any time, without notice.
General. This agreement is governed by the laws of the State of Idaho, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Austin, TX, U.S.A. or the U.S. District Court for the District of Texas, in all disputes arising out of or relating to the use of the Pro Image International Web Sites. Use of the Pro Image International Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Pro Image International as a result of this agreement or use of the Pro Image International Web Site. Pro Image International’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Pro Image International’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web Site or information provided to or gathered by Pro Image International with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Pro Image International with respect to the Pro Image International Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Pro Image International with respect to the Web Site. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to he same condition as other business documents and records originally generated and maintained in printed form.
Copyright and Trademark Notices: All contents of the Pro Image International Web Sites are: Copyright © 1990-2002 Pro Image International, Inc. Austin, TX U.S.A. All rights reserved.
TRADEMARKS. Pro Image International, Pro Vitamin Complete, Lean Image and other Pro Image International products referenced herein are either trademarks or registered trademarks of Pro Image International, Inc. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
All rights not expressly granted herein are reserved.
Revised May 2007