ProStar Software, Inc. User Agreement, Website Privacy Policy, and Disclaimer. Last Updated: January 2022
Welcome to the ProStar Software, Inc. (“ProStar”) website (the “Site”). ProStar is a business systems integration and an Integration Platform as a Service (IPaaS) and software producer and provider. This document (the “User Agreement” or the “Agreement”) is a legal contract that describes the conditions under which users (“you”) are permitted to use the Site. This User Agreement, including the Privacy Policy, applies to this Site only.
By using the Site, you agree to be bound by this contract. If you do not accept the Agreement, do not use the Site.
Changes To The Agreement
We may change this Agreement at any time, so we encourage you to review it periodically before using the Site. To assist you in doing this, we will make the most recent version of the Agreement available on the Site, and we will indicate at the top of the Agreement the most recent date when it was modified.
By continuing to use the Site after we modify the Agreement, you accept the new version of the Agreement. Therefore, it is important that you read this page regularly to ensure you are familiar with the most updated Agreement. If you do not agree to the changes, you should not continue to use the Site and should instead contact us.
Privacy Policy
Your privacy is very important to us and we are committed to protecting it. We understand that you need to be in control of your personal data. This Privacy Policy explains the manner in which ProStar collects personal data from you and the purpose for that collection. This Privacy Policy is designed to ensure that you are aware of how your personal data is being used and to provide you with choices about that use. By visiting the ProStar Site or submitting your personal data, you accept the terms described in this Privacy Policy. From time to time we may modify these rules. We will notify you of any significant change by posting a notice on our home page. Your continued use of the ProStar Site after any modification indicates your agreement to the new terms.
We use Google Analytics, Google AdWords Conversion tracker, and other Google services that place cookies on a browser across the website. These cookies help us increase the website’s effectiveness for our visitors. These cookies are set and read by Google. To opt out of Google tracking, please visit this page: https://www.google.com/privacy_ads.html We use AdWords remarketing to market our sites across the web. We place a cookie on a browser, and then a third party (Google) reads these cookies and may serve an ad on a third party site. You may opt out of this ad serving on Google’s opt out page: https://www.google.com/privacy_ads.html
ProStar’s contact forms require your name and e-mail address, as well as a question or comment section. Information submitted by you within our website via these forms, will be used only by ProStar to provide a response to you regarding our services and how we may be of assistance in the future. Our website uses cookies and third party tracking that collect anonymous traffic data. No personally identifiable information is knowingly shared with third parties for commercial purposes, and ProStar does not sell, rent or lease the information.
ProStar reserves the right to disclose information as required by law and if disclosure is necessary to protect the rights of ProStar and/or comply with a judicial proceeding, court order, or legal process served on our website. When possible ProStar will attempt to inform identified users if their information is compromised or requested as part of legal proceedings. Due to the current Third Party Doctrine interpretation applied by the FISA court to Section 215 of the United States Patriot Act, information about our site may be obtained by the United States government without our knowledge or consent. https://en.wikipedia.org/wiki/Stored_Communications_Act
Sharing with Third Parties
We may use service providers to process the Application Data. These service providers are restricted from using your personal data in any way other than for the service they are providing. There may also be occasion for ProStar to disclose your personal data to third parties if it believes, in its sole discretion, that such disclosure is required by law, to enforce its user agreement or privacy policy, or in connection with a sale or transfer of some or all of the assets in ProStar.
Anonymous Information
Cookies. A cookie is a string of information that is sent by a web site and stored on your hard drive or temporarily in your computer’s memory. We may employ cookie technology to help you move faster through our Site. We may employ cookie technology to estimate our total audience size and traffic and to help us improve our Site’s experience by measuring which site areas are of greatest interest to users. You can turn off the ability to receive any of these cookies by adjusting the browser in your computer, but you should note that if you do so, this may materially affect the functionality of the Site and the information you can access through it. If you wish to find out more about cookies, or how to refuse cookies, please visit the Interactive Advertising Bureau’s web site at www.allaboutcookies.org. We collect anonymous data when you visit most pages on the ProStar Site. Your visit may automatically provide us with data that is not linked to your personal information, such as your IP (Internet Protocol) address, browser type, operating system, domain name, access times, and referring web site addresses. Some parts of the ProStar Site use embedded pixel or javascript technologies to facilitate your use of the Web site and to track general traffic. We use your anonymous data to obtain general statistics regarding the use of the ProStar Site and its specific Web pages and to evaluate how our visitors use and navigate our Web site on an aggregate basis. We do not link your anonymous data with personal data. We use Google Analytics as an analytics provider and that also places cookies, which we use to improve the site through data analytics.
Transfer of Data Outside of Your Home Country
Your information may be stored, processed and accessed in the United States or any other countries where ProStar has facilities. By using the Site, and the ProStar services, you consent to the transfer of information outside your country.
Questions about Data Collection and Processing
You may ask questions about the data you have submitted through this ProStar Site by contacting ProStar.
Your Ability To Choose
You can let us know that you do not want to be notified about our products and services or other special offers by sending us a written request via the Contact page on our site. When composing your email, please include the words “Privacy Policy opt-out” in the subject line.
Disclaimer Of Warranty; Limitation Of Liability
The information contained within this website is provided for informational purposes only and does not constitute accounting, tax, legal or financial advice.
You understand that you use this Site and the information, forums, and tools at your own risk and we do not guarantee that the information provided on the Site will be accurate or updated. We do not guarantee that we will continue to provide the Site, that the Site will be available at any particular time or from any particular place, or that it will continue to function in the manner that it currently functions. You agree not to hold us liable for damages you claim are caused by third parties who contact you using the Site or become aware of your identity through the use of the Site, and you understand that, while such behavior is a violation of this Agreement, we need not attempt to control or identify individuals who falsify their identities or provide false information to others through the use of the Site. You agree that we are not liable for the infringing, defamatory, offensive, or illegal contact of third parties, including other users.
IN NO EVENT WILL WE, OUR PARENTS OR AFFILIATES, OR ANY OF OUR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SITE (INCLUDING ANY INFORMATION, TOOLS, PRODUCTS OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE SITE OR CONTENT CREATED ON OR THROUGH THE SITE).
THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY 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 OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, GROSS NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, EVEN IF THE CLAIM ALLEGES THAT THE INDEMNIFIED PARTIES’ CONDUCT WAS WILLFUL.
Governing Law; Integration; No Waiver; Severability; Termination
You agree that any dispute between you and us will be governed by the laws of the United States of America and the State of California, without regard to choice of law rules, and that any legal action brought by one party against the other will be brought exclusively in the appropriate court within the State of California. If you are located outside of the United States of America, you agree that, by entering into this agreement, you voluntarily subject yourself to the jurisdiction of the courts of the United States of America and the State of California, and you agree that you may be sued in those courts and subject to the judgments and orders of those courts.
You agree that, notwithstanding any provision of law to the contrary, if you are located outside of the United States, we may satisfy our obligation to serve you with legal process by sending an electronic mail message to the email address that you provided when you registered for the Services or by sending a paper communication to you at the postal address that you provided when you registered for the Services. You further agree that service will be deemed accomplished when we send the electronic mail message or paper communication, as appropriate, and that service may be proven through evidence that we sent the communication, regardless of whether we obtain evidence that you received the communication or that the communication was not delivered.
This Agreement, along with the Privacy Policy incorporated within it, constitutes the entire agreement between you and us. They govern your use of the Site (but excluding services, if any, that we may provide to you under a separate written agreement), and completely replace any prior agreements between you and us in relation to the Site.
Even if we act in a way that you believe to be inconsistent with this Agreement, those actions will not be deemed a waiver or constructive amendment of this Agreement. Similarly, our failure to object to your breach of your obligations under this Agreement does not constitute a waiver of any of our rights.
If any provision of this Agreement is ruled unlawful, void, or unenforceable, that provision will be severed from this Agreement, and the other provisions will remain effective and enforceable. In addition, the severed provision will be deemed replaced with a comparable provision that most closely reflects the intent of the parties.
We reserve the right to terminate the Site and this User Agreement at any time without notice for any reason, including, in the case of the User Agreement, for your violation of any of its provisions. The Disclaimer and Limitation of Liability and Governing Law sections of this User Agreement shall survive any such termination.
Linked Websites And Advertising
For your convenience, we may provide links to third-party websites, servers, content, or services. We do not endorse, sponsor, control, guarantee, or otherwise accept responsibility or liability for the actions, products, services and content of these sites or the parties that operate them. Your use of such sites is entirely at your own risk.
You should be aware that third-party websites are not covered by this Agreement or our Privacy Policy, and we therefore cannot be responsible for the content or practices of any such website, even if it links to the Site or even if the website is operated by a company affiliated or otherwise connected with us.
Security
In exchange for your access to the Site, you agree not to take any steps that are intended to or could damage, inhibit, or prevent operation of the Site or that could cause injury to yourself, to us, or to anyone else.
Without limitation, you agree not to attempt to:
Modify the Site or make it possible for you or someone else to access the Site without using an interface that we provide (including through the use of spiders or robots, except to facilitate the creation of public search engines that catalog publicly accessible portions of the Site);
Introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Damage, disable, overburden, impair, or gain unauthorized access to the Site or our servers, computer network, or user accounts;
Collect information about other users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications, or for any other purpose not explicitly authorized by us;
Falsify, conceal, or modify information identifying yourself or another user, including Internet Protocol header information;
Use our servers, networks, or other facilities for any purpose not explicitly authorized by us, including for the transmission of messages not authorized by us, or to interfere with or cause damage to the Site or any other service operated by us or any other party; or
Take any other action that we, in our exclusive discretion, believe may damage or injure you, us, or any third party.