Please review these Terms and Conditions carefully and in conjunction with the Privacy Policy which details other important information surrounding your use of this website.
1. Acceptance
The following terms and conditions (“Terms and Conditions”) exclusively apply and govern your access to and use of this website (“Site”), or any subdomains or content made available through your access to or use of this Site, including any texts, graphics, design, images, logos, icons, video, audio, code, metadata, applications, downloads, interfaces, software, files, or other contents (the “Site”), the information Probe collects on the Site and Probe’s storage, use and sharing of this information. By accessing the Site, you acknowledge and agree that you have been advised of these Terms and Conditions in conjunction with the Privacy Policy, and your use of the Site constitutes your agreement to these Terms and Conditions and consent to Probe’s Privacy Policy.
IF YOU CHOOSE NOT TO AGREE TO THESE TERMS AND CONDITIONS OR CONSENT TO THE PRIVACY POLICY, YOU MAY NOT USE THIS SITE.
These Terms and Conditions do not alter in any way any other agreement you may have with Probe Technologies Holdings, Inc. and its affiliates or subsidiaries (collectively “Probe”), whether it be for products, services, or otherwise. In the event of any inconsistency between these Terms and Conditions and another executed written agreement you may have with Probe for products, services, or otherwise, that agreement shall be given precedence.
2. Changes
Probe reserves the right, in its sole discretion, to change these Terms and Conditions or the Privacy Policy, in whole or in part from time to time. Any changes to these Terms and Conditions or the Privacy Policy shall be effective as of the time of posting, or such a later date as may be specified therein. By accessing the Site following the effective date of a change to these Terms and Conditions or the Privacy Policy, you acknowledge and agree that you have been advised of the changes to the Terms and Conditions and the Privacy Policy, and your continued use of the Site constitutes your agreement to these changes to the Terms and Conditions and consent to the Privacy Policy. You agree that it is your responsibility to review the Terms and Conditions and the Privacy Policy for changes prior to each use of the Site.
Probe reserves the right, in its sole discretion, to change certain aspects of the Site, including the access, functionality, and content, from time to time.
3. Access to the Site and User Conduct
By accepting these Terms and Conditions, Probe grants you a limited, non-exclusive, non-transferable license to access and use the Site solely for your personal and general informational purposes. Certain portions of the Site may contain additional terms and conditions, and you may be subject to further permissions and/or restrictions while using or accessing these portions of the Site.
As a user of this Site, you agree that you will not engage in the following conduct:
Modifying, copying, forwarding, distributing, displaying, performing, publishing, or disclosing any part of the Site in any medium, without Probe’s consent;
Accessing or using the Site by an automated system, including “bots,” “spiders,” or other data-mining or data-gathering or extraction tools;
Attempting to bypass, interrupt, interfere with, intercept, compromise or decipher the normal operation, security, traffic, or transmissions to or from the Site;
Attempting to “frame,” repurpose, circumvent, or conceal the Site (or any portions thereof);
Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, or hiding (or attempting to hide) your identity;
Decompiling, analyzing or otherwise seeking to reverse engineer the Site (or any portions or components thereof or used in connection therewith);
Attempting to post any content which may be construed as: misleading, fraudulent, libelous, slanderous, defamatory, inflammatory, obscene; or which may be construed as serving to advertise, promote or solicit for any individual or entity; or
Accessing or using this Site in any way which violates any relevant applicable laws or regulations.
You agree that any use of the Site not expressly permitted by the Terms and Conditions is a per se breach of the Terms and Conditions, and may constitute a violation of applicable laws.
Although Probe has no obligation to monitor the Site, Probe may do so at any time and in its sole discretion. Probe reserves the right, in its sole discretion, to further limit or revoke this license, and/or terminate your access to and use of the Site (or portions thereof) at any time, without notice, and for any reason, including any possible or alleged misuse, fraud, or misconduct by you or by any person accessing or using the Site under your user name and password. Probe reserves the right to provide information obtained from your access to and use of the Site for investigations by law enforcement.
4. Registration Account
Certain portions of the Site may require you to complete a registration process, create an account, or provide feedback, and you may be required and provide Probe with certain information in order to do so. You agree that you will provide true, current, complete and accurate information, as prompted by the Site. You agree that all information you provide to the Site is governed by the Privacy Policy and you consent to all actions we take with respect to your information consistent with the Privacy Policy. Probe cannot guarantee the Site’s security and you agree that you provide personal information at your own risk.
Certain secured portions of the Site may be reserved for users who have registered or created an account and have been authorized by Probe for secured access. Accounts are non-transferrable. You may be required to create a user name and password in connection with your account. You agree that you will not allow an unauthorized person to access or use the Site with your user name, password, or account. You agree that you will not use another person’s user name, password, or account to access or use the Site. You agree that you are solely responsible for maintaining the security and confidentiality of your password and account. You agree to notify Probe immediately of any unauthorized use of your user name, password, account or any other breach of security. Probe cannot verify that a user accessing a secured potion of the Site is the person authorized to do so, and as such you are solely liable for any and all activities that occur or are attempted under your user name, password or account, and you agree that Probe is not liable for any loss that you may incur as a result of an unauthorized person using your user name, password, or account. You acknowledge and agree that you may be held liable for losses incurred by a third party as a result of an unauthorized person using your user name, password, or account.
5. Content and Links
You retain all ownership rights of your personal content submitted to the Site. Notwithstanding the foregoing, by submitting your content, subject to the terms of the Privacy Policy, you grant Probe an unrestricted, non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in connection with Probe or its products and/or services.
The Site, as well as its contents and functionality, are owned by Probe, its licensors and/or other providers of content or functionality, and are protected by copyright, trademark and other intellectual property or proprietary rights laws, as well as other applicable laws. Subject to the Terms and Conditions and the Privacy Policy, the Site may be electronically copied or printed in hard copy for internal informational and non-commercial purposes only, provided you do not modify the content of the copies. Unless otherwise permitted by Probe, you may only provide links to the Site for external informational and non-commercial purposes. You may not use the content of the Site for marketing, advertising, or public relations purposes. Probe neither warrants nor represents that your use of the Site’s content will not infringe the rights of third parties. No right, title or interest in or to the Site, its contents or functionality is transferred to you, and all rights not expressly granted are reserved by Probe.
You acknowledge that you may be able to access or use third-party content or sites through your access to or use of the Site. You acknowledge that you may be able to access or use the Site through your access to or use of third-party content or sites. Probe cannot guarantee that third-party content or sites are safe to access or use, or are free from objectionable material. Different terms and conditions may apply to your access to or use of any third-party content or sites. You agree that you are solely liable for your access to or use of third-party content or sites, and you agree that Probe is not liable for your access to or use of any third-party content or sites.
Reference to any products, services, processes, or other content by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Probe.
6. Disclaimer
The Site, as well as its contents and functionality, are solely provided for general informational purposes. NO INFORMATION OR CONTENT, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROBE OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. PROBE DOES NOT REPRESENT OR WARRANT THE SITE OR ITS CONTENT TO BE SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOU DOWNLOAD ANY MATERIALS FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND; AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PROBE DISCLAIMS ALL SUCH WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THOSE IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. PROBE DOES NOT REPRESENT OR WARRANT THE SITE OR ITS CONTENT TO BE ACCURATE, AVAILABLE, COMPLETE, RELIABLE, CURRENT, SUITABLE, OR WITHOUT ERROR OR OMISSION. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.
7. Compliance with Applicable Laws
Probe is committed to complying with applicable laws and regulations. However, you acknowledge that the Site is controlled, operated, and administered by Probe from its offices in the United States, or hosted on servers located within the United States; and the Site, these Terms and Conditions, and the Privacy Policy have been designed or written to comply with the laws of the State of Texas. You acknowledge that it may be possible for a user to access or use the Site from any jurisdiction and that Probe may not practically be able to prevent such access. You agree that you are solely responsible for informing yourself of the laws of your jurisdiction, and you agree that your access to and use of the Site and its contents will be in compliance with all applicable laws and regulations, including United States export laws and regulations. You agree that you are solely liable for your access and use of the Site and any content made available to you through your access to and use of the Site.
8. Limitation of Liability – Indemnities
NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS AND CONDITIONS TO THE CONTRARY, YOU AGREE THAT PROBE, ITS LICENSORS OR OTHER PROVIDERS OF CONTENT OR FUNCTIONALITY, ITS CUSTOMERS, ASSIGNEES, SUCCESSORS, INSURERS AND ITS AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, SUCCESSORS, ASSIGNEES, AND AGENTS (“PROBE GROUP”) SHALL NOT BE LIABLE IN ANY RESPECT FOR ANY DAMAGES (DIRECT, INDIRECT, SPECIAL, ECONOMIC, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE) OR LOSS OF ANY NATURE ARISING FROM YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE OR ITS CONTENTS; AND YOU AGREE THAT YOU WILL RELEASE, INDEMNIFY, DEFEND AND HOLD PROBE GROUP HARMLESS FROM AND AGAINST ANY AND ALL COSTS, CLAIMS, DAMAGES, LOSSES, OR OTHER LIABILITIES ARISING FROM YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE OR ITS CONTENTS, OR YOUR USE OF THE SITE IN BREACH OF THESE TERMS AND CONDITIONS OR IN VIOLATION OF LAW. PROBE MAY ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU HAVE AGREED TO DEFEND PROBE, AND YOU AGREE TO ASSIST AND COOPERATE WITH PROBE IN THE DEFENSE OR SETTLEMENT OF ANY SUCH MATTERS AT YOUR OWN COST.
SHOULD THIS LIMITATION OF LIABILITY BE HELD TO BE UNENFORCEABLE FOR ANY REASON, IN WHOLE OR IN PART, PROBE GROUP’S AGGREGATE LIABILITY TO YOU FOR ANY REASON CONNECTED TO YOUR ACCESS TO OR USE OF THE SITE WILL IN NO EVENT EXCEED THE SUM OF $500.00 UNITED STATES DOLLARS.
THE EXCLUSIONS OF LIABILITY, RELEASES AND INDEMNITIES SET FORTH IN THIS ARTICLE 8 SHALL APPLY TO ANY COSTS, CLAIMS, DAMAGES, LOSSES, OR OTHER LIABILITIES WITHOUT REGARD TO THE CAUSE(S) THEREOF, INCLUDING BUT NOT LIMITED TO PRE-EXISTING CONDITIONS, WHETHER SUCH CONDITIONS BE PATENT OR LATENT, BREACH OF REPRESENTATION OR WARRANTY (EXPRESS OR IMPLIED), STRICT LIABILITY, TORT, BREACH OF CONTRACT, BREACH OF DUTY (STATUTORY OR OTHERWISE), BREACH OF ANY SAFETY REQUIREMENT OR REGULATION, OR THE NEGLIGENCE OR OTHER LEGAL FAULT OR RESPONSIBILITY OF ANY PERSON (INCLUDING THE INDEMNIFIED OR RELEASED PARTY), WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE.
Redress under this Article 8 shall be the exclusive remedy(ies) available to the parties hereto for the matters, costs, claims, damages, losses and other liabilities covered by such provisions. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY.
9. Governing Law – Jurisdiction
These Terms and Conditions and the Privacy Policy shall be governed by and interpreted in accordance with the substantive laws of the State of Texas, excluding conflicts and choice of law principles. Any dispute, action or proceeding arising out of or relating to these Terms and Conditions or the Privacy Policy must be brought in a state or federal court sitting in Harris County, Texas, and each of the parties hereby agrees to irrevocably submit itself to the exclusive jurisdiction of each such court in any such action or proceeding and waives any objection it may now or hereafter have to venue or convenience of forum. You agree that all issues will be decided by the trial judge and, acknowledging the right to trial by jury, hereby waive such right to a jury trial.
10. General
Failure to enforce any of these Terms and Conditions by Probe shall not prevent a subsequent enforcement of such Terms and Conditions or be deemed a waiver of any subsequent breach. Should any provisions of these Terms and Conditions or Privacy Policy, or portion thereof, be unenforceable or in conflict with applicable governing country, state, province, or local laws, then the validity of the remaining provisions, and portions thereof, shall not be affected by such unenforceability or conflict. These Terms and Conditions and Privacy Policy shall be construed as superseding all prior oral or written agreements or representations. You acknowledge that you have not relied on any representations other than those contained in these Terms and Conditions and Privacy Policy. These Terms and Conditions and Privacy Policy shall not be varied, supplemented, qualified, or interpreted by any prior course of dealing between the parties or by any usage of trade and may only be amended by an agreement executed by an authorized representative of each party.
11. Contact
If you are visiting this Site from any jurisdiction outside the United States, please note that this Site is hosted within the United States and only complies with the applicable rules and regulations of the United States.
All feedback, questions, requests for technical support or other communications relating to the Site, should be directed to Probe by using the “Contact form” under “Contact Us” at www.probe1.com
Or by mail to:
Probe
c/o Website Administrator
1132 Everman Parkway
Fort Worth, TX 76140-4940
United States
These Terms and Conditions update April 15, 2019
