Privacy and Legal
Disclaimer
Updated 4/15/10: ProLevel Foam Insulation knows that the
privacy of the personal information that we receive about you
is important to you. We understand that you trust us to
protect the confidentiality and security of that information.
The information we collect about you is used only to provide
the services that you request from us.
This notice informs you of our privacy policy and describes
how we treat the information that we receive about you.
ProLevel Foam Insulation collects nonpublic personal
information about you only in connection with providing you
services that you request. The types of nonpublic personal
information that we collect vary according to the services we
perform for you, and may include:
* Information that we receive from you (such as your name,
address, social security number and other household
information);
* Information about your relationship with us (such as the
types of services we provide to you, your invoice balances,
and your payment history); and
* Information that we receive, with your authorization, from
third parties.
ProLevel Foam Insulation does not disclose any public or
nonpublic personal information about you that you have
provided to us to anyone outside of our company, except as
authorized by you or as required by law. In addition, we will
release information to the extent required by law or
regulation. We do not sell client information to anyone or
disclose client information to marketing companies.
We restrict access to public and nonpublic personal
information about you that you have provided to us to those
ProLevel Foam Insulation staff members who need to know the
information to provide services to you. All ProLevel Foam
Insulation employees are required to maintain the confidentiality
of all nonpublic personal information about you.
Legal Disclaimer: The information contained within this site
should not be considered as legal advice.
PRIVACY AND USE
ProLevel Foam Insulation maintains all records and is
responsible for updating data.
This Web site and any information included is for personal use
only. Any information relating to any other
purpose, including but not limited to, reproducing and storing
in a retrieval system by any means, electronic or mechanical,
photocopying or using the addresses or other information for
any private, commercial or political mailing or contact, is
strictly prohibited, is in direct violation of copyright and
would constitute misappropriation of corporate property.
All information contained herein remains the property of the
ProLevel Foam Insulation. The data contained on this Web site
may not be reproduced in whole or in part by any person or
entity without the express written permission of the ProLevel
Foam Insulation. The ProLevel Foam Insulation have attempted
to verify and correctly state the information contained
herein. However, the ProLevel Foam Insulation and its
webmasters disclaim all liability and responsibility for the
accuracy of this information. In addition, circumstances may
have rendered some information herein obsolete prior to the
date of the publication or prior to the time the information
is reviewed by the reader.
A FEW WORDS ABOUT YOUR PRIVACY
ProLevel Foam Insulation has adopted these guidelines to ensure
customer privacy and protect personal data.
1. Information Collection and Use
We will ask you when we need information that personally
identifies you or allows us to contact you. Such information
may be requested when you update your files, make payments or similar activities. Your
information may be used for the following purposes:
*
To make the site easier for you to use and navigate
*
To help you quickly access services or information on our
website.
*
To help us create content relevant to you
*
To alert you to site updates, new features and
offers
2. Updating Personal Files
If you choose not to update your personal files, you will
still be able to access content. However, you may not be able
to access areas or sources that require personal file
information.
3. Personal File Updates
We provide you with the means to ensure that your personal
information is correct and current.
4. Security
ProLevel Foam Insulation protects the security of your
personal information and honors your choices for its intended
use. We carefully protect your data from loss, misuse,
unauthorized access or disclosure, alteration or destruction.
Personal information will be used for ProLevel Foam Insulation business
purposes only.
5. Newsletter Mailings
You have the right to control whether you receive updates
through our third-party newsletter and
emailing services.
6. Feedback
If you believe ProLevel Foam Insulation has not has not adhered
to the principles above, please notify us by email. We will do
our best to determine and correct the problem promptly.
LEGAL DISCLAIMER
1. ACCEPTANCE OF TERMS
By accessing the ProLevel Foam Insulation WebSite ("the
Service"), you signify your agreement to all terms,
conditions, and notices contained or referenced herein, the
Terms of Service ("TOS"). If you do not agree to the TOS, do
not use this Service. We reserve the right, at our discretion,
to update or revise the TOS. Please check the Terms
periodically for changes. ProLevel Foam Insulation provides its
service to you, subject to the following TOS, which may be
updated by us from time to time without notice to you. In
addition, when using particular ProLevel Foam Insulation
services, you shall be subject to any posted guidelines or
rules applicable to such services which may be posted from
time to time. All such guidelines or rules are hereby
incorporated by reference into the TOS. Your continued use of
this Service following the posting of any changes to the TOS
constitutes acceptance of those changes.
2. DESCRIPTION OF SERVICE
ProLevel Foam Insulation currently provides users with access
to online resources. Unless explicitly stated otherwise, any
new features that augment or enhance the current Service,
including the release of new ProLevel Foam Insulation
properties, shall be subject to the TOS. You understand and
agree that the Service is provided "AS-IS" and that
ProLevel Foam Insulation assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user
communications or personalization settings.
3. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES,
UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN
CONNECTION WITH THE SERVICE. SPECIFICALLY, ProLevel Foam
Insulation DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT
LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY,
ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR
SERVICES, AND DISCLAIMS WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER
OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY WHETHER FOR
BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER
ANY OTHER CAUSE OF ACTION.
b.ProLevel Foam Insulation MAKES NO WARRANTY THAT (i) THE
SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL
BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
(V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
d.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM ProLevel Foam Insulation OR THROUGH OR FROM THE
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
4. LIMITATION OF LIABILITY
NEITHER ProLevel Foam Insulation NOR ANY OF ITS EMPLOYEES,
AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE
PROVIDERS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR
ANY DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO
GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY
WARRANTY. THIS LIMITATION APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, OR ANY OTHER BASIS, EVEN IF ProLevel Foam
Insulation HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
JURISDICTIONS, THE RESPECTIVE LIABILITY OF ProLevel Foam
Insulation, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS,
AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY SUCH LAW. FURTHER, YOU EXPRESSLY
UNDERSTAND AND AGREE THAT ProLevel Foam Insulation SHALL NOT
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF ProLevel Foam Insulation HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE
OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE.
3. MEMBER CONDUCT
You understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages or other
materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from
which such Content originated. This means that you, and not
ProLevel Foam Insulation, are entirely responsible for all
Content that you upload, post, email, transmit or otherwise
make available via the Service. ProLevel Foam Insulation does
not control the Content posted via the Service and, as such,
does not guarantee the accuracy, integrity or quality of such
Content. You understand that by using the Service, you may be
exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will ProLevel Foam
Insulation be liable in any way for any Content, including, but
not limited to, for any errors or omissions in any Content, or
for any loss or damage of any kind incurred as a result of the
use of any Content posted, emailed, transmitted or otherwise
made available via the Service.
You agree to not use the Service to:
a.
upload, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or
otherwise objectionable;
b.
harm minors in any way;
c.
impersonate any person or entity, including, but not limited
to, a ProLevel Foam Insulation official, forum leader, guide or
host, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
d.
forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the
Service;
e.
upload, post, email, transmit or otherwise make available any
Content that you do not have a right to make available under
any law or under contractual or fiduciary relationships (such
as inside information, proprietary and confidential
information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
f.
upload, post, email, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights") of any party;
g.
upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation, except in those
areas (such as shopping rooms) that are designated for such
purpose;
h.
upload, post, email, transmit or otherwise make available any
material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware
or telecommunications equipment;
i.
disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of the Service are able to
type, or otherwise act in a manner that negatively affects
other users' ability to engage in real time exchanges;
j.
interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to
the Service;
k.
intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not
limited to, regulations promulgated by the U.S. Securities and
Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange or the
NASDAQ, and any regulations having the force of law;
l.
"stalk" or otherwise harass another; or
m.
collect or store personal data about other users.
You acknowledge that ProLevel Foam Insulation does not
pre-screen Content, but that ProLevel Foam Insulation and its
designees shall have the right (but not the obligation) in
their sole discretion to refuse or move any Content that is
available via the Service. Without limiting the foregoing,
ProLevel Foam Insulation and its designees shall have the right
to remove any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and bear all
risks associated with, the use of any Content, including any
reliance on the accuracy, completeness, or usefulness of such
Content. In this regard, you acknowledge that you may not rely
on any Content created by ProLevel Foam Insulation or
submitted to ProLevel Foam Insulation, including without
limitation information in ProLevel Foam Insulation Links, News, and in all
other parts of the Service.
You acknowledge and agree that ProLevel Foam Insulation may
preserve Content and may also disclose Content if required to
do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the TOS; (c) respond to
claims that any Content violates the rights of third-parties;
or (d) protect the rights, property, or personal safety of
ProLevel Foam Insulation, its users and the public.
You understand that the technical processing and transmission
of the Service, including your Content, may involve (a)
transmissions over various networks; and (b) changes to
conform and adapt to technical requirements of connecting
networks or devices.
5. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to
comply with all local rules regarding online conduct and
acceptable Content. Specifically, you agree to comply with all
applicable laws regarding the transmission of technical data
exported from the United States or the country in which you
reside.
6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE
SERVICE
ProLevel Foam Insulation does not claim ownership of Content
you submit or make available for inclusion on the Service.
However, with respect to Content you submit or make available
for inclusion in the Service, you grant ProLevel Foam
Insulation
an unlimited, world-wide, royalty free license.
7. INDEMNITY
Upon a request by ProLevel Foam Insulation, you agree to
defend, indemnify, and hold harmless ProLevel Foam Insulation
and other affiliated companies, and their employees,
contractors, officers, and directors from all liabilities,
claims, and expenses, including attorney's fees, that arise
from your use or misuse of this Service. ProLevel Foam
Insulation reserves the right, at it own expense, to assume the
exclusive defense and control of any matter otherwise subject
to indemnification by you, in which event you will cooperate
with ProLevel Foam Insulation in asserting any available
defenses. Further, you agree to indemnify and hold ProLevel
Foam Insulation, and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of Content
you submit, post, transmit or make available through the
Service, your use of the Service, your connection to the
Service, your violation of the TOS, or your violation of any
rights of another.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that ProLevel Foam Insulation may establish
general practices and limits concerning use of the Service,
including without limitation the maximum number of days that
email messages, message board postings or other uploaded
Content will be retained by the Service, the maximum number of
email messages that may be sent from or received by an account
on the Service, the maximum size of any email message that may
be sent from or received by an account on the Service, the
maximum disk space that will be allotted on ProLevel Foam
Insulation's servers on your behalf, and the maximum
number of times (and the maximum duration for which) you may
access the Service in a given period of time. You agree that
ProLevel Foam Insulation has no responsibility or liability
for the deletion or failure to store any messages and other
communications or other Content maintained or transmitted by
the Service. You acknowledge that ProLevel Foam Insulation
reserves the right to log off accounts that are inactive for
an extended period of time. You further acknowledge that
ProLevel Foam Insulation reserves the right to change these
general practices and limits at any time, in its sole
discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
ProLevel Foam Insulation reserves the right at any time and
from time to time to modify or discontinue, temporarily or
permanently, the Service (or any part thereof) with or without
notice. You agree that ProLevel Foam Insulation shall not be
liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
13. TERMINATION
ProLevel Foam Insulation reserves the right, in its sole
discretion, to terminate your access to all or part of this
Service, with or without notice. You agree that ProLevel Foam
Insulation, in its sole discretion, may terminate your
use of the Service, and remove and discard any Content within
the Service, for any reason, including, without limitation,
for lack of use or if ProLevel Foam Insulation believes that
you have violated or acted inconsistently with the letter or
spirit of the TOS. ProLevel Foam Insulation may also in its
sole discretion and at any time discontinue providing the
Service, or any part thereof, with or without notice. You
agree that any termination of your access to the Service under
any provision of this TOS may be effected without prior
notice, and acknowledge and agree that ProLevel Foam
Insulation may immediately deactivate or delete your account and all
related information and files in your account and/or bar any
further access to such files or the Service. Further, you
agree that ProLevel Foam Insulation shall not be liable to you
or any third-party for any termination of your access to the
Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or
participation in promotions of, advertisers found on or
through the Service, including payment and delivery of related
goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely
between you and such advertiser. You agree that ProLevel Foam
Insulation shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers
on the Service. NOTE THAT ALL MERCHANDISE SOLD OR GIVEN AWAY
ON THE ProLevel Foam Insulation WEBSITE ARE PROVIDED BY
ADVERTISERS AND NOT ProLevel Foam Insulation, REGARDLESS OF
THE APPEARANCE OR BRANDING OF THE PRODUCT OFFERING OR
ADVERTISEMENT ON THE ProLevel Foam Insulation WEBSITE. IF YOU
DO NOT WISH TO DEAL WITH SUCH ADVERTISERS, DO NOT PURCHASE ANY
ITEMS FOR SALE OR ACCEPT ITEMS ON THE ProLevel Foam Insulation
WEBSITE.
15. LINKS
The Service may provide, or third parties may provide, links
to other World Wide Web sites or resources. Because ProLevel
Foam Insulation has no control over such sites and resources,
you acknowledge and agree that ProLevel Foam Insulation is
not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or
liable for any Content, advertising, products, or other
materials on or available from such sites or resources. You
further acknowledge and agree that ProLevel Foam Insulation
shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such Content, goods
or services available on or through any such site or resource.
21. NOTICE
Notices to you may be made via either email or regular mail.
The Service may also provide notices of changes to the TOS or
other matters by displaying notices or links to notices to you
generally on the Service.
24. GENERAL INFORMATION
This TOS shall be governed by and construed in all respects by
the laws of the State of Louisiana, as such laws are applied
to agreements entered into and performed entirely within the
State of Louisiana and between Louisiana residents. If any
provision of these Terms is held to be invalid or
unenforceable, such provision shall be struck to the extent of
such invalidity or unenforceability, and the remainder
thereof, as well as the remaining provisions of the Terms
shall be fully enforced. You expressly agree that the
exclusive jurisdiction for any claim or action arising out of
or relating to these TOS or your use of this Service shall be
filed only in the state or federal courts located in the State
of Louisiana, and you further agree and submit to the exercise
of personal jurisdiction of such courts for the purpose of
litigating any such claim or action. The TOS constitute the
entire agreement between you and ProLevel Foam Insulation and
govern your use of the Service, superceding any prior
agreements between you and ProLevel Foam Insulation. You also
may be subject to additional terms and conditions that may
apply when you use affiliate services, third-party content or
third-party software.. The failure of ProLevel Foam Insulation
to exercise or enforce any right or provision of the TOS shall
not constitute a waiver of such right or provision. If any
provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect. You
agree that regardless of any statute or law to the contrary,
any contract arising out of or related to use of this Service
provided by ProLevel Foam Insulation or otherwise arising out
of or related to the provisions and conditions of the TOS,
must be filed within one (1) year after such claim or cause of
action first arose or shall be forever barred. The section
titles in the TOS are for convenience only and have no legal
or contractual effect.
The materials on this
Website are for general information purposes only and should
not be construed as construction advice, home repair,
medical advice, contracting opinion or any other advice on any specific facts
or circumstances. Readers should not act or refrain from
acting upon this information without seeking professional
advice. Transmission of information on or by use of this
Website is not intended to create, and receipt does not
constitute, a client relationship between the sender and
receiver. Photographs and other graphics used on this website
may be for dramatization purposes only, and may include models
or stock photos. Likenesses do not necessarily imply current
client, partnership or employee status. |