PROSTAR TERMS OF SERVICE
Effective: June 28, 2013
The following definition applies to the terms as they appear in this agreement:
ProStar means ProStar Coach, the database software used in creating
this service and all versions of the service, including, but not limited to Strong
for Parenting, Strong for Mentoring Youth, Strong for Mentoring Athletes, Strong
for Mentoring Students, Strong for Life, Strong for Achievement, Strong for Performance
and ProStar Coach Enterprise.
ProStar Coach is a self-directed learning service delivered online at the website
www.prostarcoach.com
by Performance Support Systems, Inc. (referred to in the terms of service as “ProStar”).
The ProStar terms of service govern your access to and use of the services of ProStar
and any information, text, graphics, or other materials uploaded, downloaded or
appearing on the services, collectively referred to as “content.” Your access to
and use of the services is conditioned on your acceptance of and compliance with
these terms. By accessing or using the services you agree to be bound by these terms.
Basic Terms
Each ProStarCoach subscription is a single account for one person only. You may
not share your account and the content delivered to your pages with anyone else.
You are responsible for your use of ProStar services, for any content you post to
your ProStar pages, and for any consequences thereof.
The content you submit, post, or display will be able to be viewed only by you and
the selected members of your Coaching Network that you share it with. Therefore,
you should only provide content that you are comfortable sharing with them under
these terms.
You may use the ProStar services only if you can form a binding contract with ProStar
and are not a person barred from receiving services under the laws of the United
States or other applicable jurisdiction. You may use the services only in compliance
with these terms and all applicable local, state, national, and international laws,
rules and regulations.
The ProStar services are always evolving, so their form may change and new features
may be added from from time to time without prior notice to you. In addition, ProStar
may stop (permanently or temporarily) providing a feature and may not be able to
provide you with prior notice.
Privacy
Any information you provide while using ProStar self-directed development services
is subject to our strict Privacy Policy, which governs our collection
and use of your information. You understand that through your use of the services
you consent to the collection and use (as set forth in the Privacy Policy) of this
information, including the transfer of this information to the United States and/or
other countries for storage, processing and use by ProStar. As part of providing
you the services, we may need to provide you with certain communications, such as
service announcements and administrative messages. These communications are considered
part of the services and your ProStar account, which you may not be able to opt-out
from receiving. However, you may opt-out of other communications from ProStar.
Passwords
You are responsible for safeguarding the password that you use to access the ProStar
services and for any activities or actions under your password. We encourage you
to use “strong” passwords (passwords that use a combination of upper and lower case
letters, numbers and symbols) with your account. ProStar cannot and will not be
liable for any loss or damage arising from your failure to comply with the above
requirements.
Content on ProStar
Performance Support Systems, Inc., is responsible for the content it posts on ProStar.
All other content, including learning exercises, personal messages or other information,
is the sole responsibility of the person who originated it. We do not monitor or
control the content posted via the ProStar services, and we cannot take responsibility
for such content. Any use or reliance on any content or materials posted via the
services or obtained by you through the services is your responsibility.
We do not endorse, support, represent or guarantee the completeness, truthfulness,
accuracy, or reliability of any content or communications posted via the services
or endorse any opinions expressed via the services. You understand that by using
the services, you may be exposed to content from other users that might be offensive,
harmful, inaccurate or otherwise inappropriate. Under no circumstances will ProStar
be liable in any way for any content, including, but not limited to, any errors
or omissions in any content, or 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 services or broadcast elsewhere.
Your Rights
You retain your rights to any original content you submit, post or display on or
through the services.
You are responsible for your use of the services, for any content you provide, and
for any consequences thereof, including the use of your content by other users.
ProStar will not be responsible or liable for any use of your content by ProStar
in accordance with these terms. You represent and warrant that you have all the
rights, power and authority necessary to grant the rights granted herein to any
content that you submit.
ProStar gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive
license to use the software that is provided to you by ProStar as part of the services.
This license is for the sole purpose of enabling you to use and enjoy the benefit
of the services as provided by ProStar in the manner permitted by these terms.
ProStar Rights
All right, title, and interest in and to the ProStar services (excluding content
provided by users) are and will remain the exclusive property of Performance Support
Systems, Inc. and its licensors. The services are protected by copyright, trademark,
and other laws of both the United States and foreign countries. Nothing in the terms
gives you a right to use the ProStar name or any of the ProStar trademarks, logos,
domain names, and other distinctive brand features.
Any feedback, comments, or suggestions you may provide regarding ProStar, or the
services is entirely voluntary and we will be free to use such feedback, comments
or suggestions as we see fit and without any obligation to you.
Restrictions on Content and Use of the Services
We reserve the right at all times (but will not have an obligation) to remove or
refuse to distribute any Content on the Services and to terminate users or reclaim
usernames. Please review the ProStar Rules (below) to better understand what is
prohibited on the service. We also reserve the right to access, read, preserve,
and disclose any information as we reasonably believe is necessary to (i) satisfy
any applicable law, regulation, legal process or governmental request, (ii) enforce
the terms of use, including investigation of potential violations hereof, (iii)
detect, prevent, or otherwise address fraud, security or technical issues, (iv)
respond to user support requests, or (v) protect the rights, property or safety
of ProStar, its users and the public.
PROSTAR RULES
Our goal is to provide a service that allows you to learn from content that interests
you as well as to share your content with others. We respect the ownership of the
content that users share and each user is responsible for the content he or she
provides. Because of these principles, we do not actively monitor user’s content
and will not censor user content, except in limited circumstances described below.
You may not do any of the following while accessing or using ProStar services:
A. Unauthorized Use
You may not…
1.
Share your ProStarCoach account with another person
2.
Access, tamper with, or use non-public areas of the services,
ProStar’s computer systems, or the technical delivery systems of ProStar’s providers
3.
Probe, scan, or test the vulnerability of any system or
network or breach or circumvent any security or authentication measures
4.
Access or search or attempt to access or search the services
by any means (automated or otherwise) other than through our currently available,
published interfaces that are provided by ProStar (and only pursuant to those terms
and conditions), unless you have been specifically allowed to do so in a separate
agreement with ProStar.
5.
Forge any TCP/IP packet header or any part of the header
information in any email or posting, or in any way use the Services to send altered,
deceptive or false source-identifying information
6.
Interfere with, or disrupt, (or attempt to do so), the access
of any user, host or network, including, without limitation, sending a virus, overloading,
flooding, spamming, mail-bombing the services, or by scripting the creation of content
in such a manner as to interfere with or create an undue burden on the services
B. Content
Boundaries
In order to provide the ProStar service and the ability to communicate and stay
connected with others, there are some limitations on the type of content that can
be entered on ProStar. These limitations comply with legal requirements and make
ProStar a better experience for all. We may need to change these rules from time
to time and reserve the right to do so. Please check back here to see the latest.
1.
Impersonation.
You may not impersonate others through the ProStar service in a manner that does
or is intended to mislead, confuse, or deceive others.
2.
Trademark. We reserve
the right to reclaim user names on behalf of businesses or individuals that hold
legal claim or trademark on those user names.
Accounts using business names and/or logos to mislead others will be permanently
suspended.
3.
Privacy. You
may not publish or post other people's private and confidential information, such
as credit card numbers, street address or Social Security/National Identity numbers,
without their express authorization and permission.
4.
Violence and Threats.
You may not publish or post direct, specific threats of violence against others.
5.
Copyright. We
will respond to clear and complete notices of alleged copyright infringement. Our
copyright procedures are set forth in the Terms of Service.
6.
Unlawful Use.
You may not use our service for any unlawful purposes or for promotion of illegal
activities. International users agree to comply with all local laws regarding
online conduct and acceptable content.
C. Spam and Abuse
ProStar strives to protect its users from spam and abuse. Technical abuse
and user abuse is not tolerated on ProStar, and will result in permanent suspension.
Any accounts engaging in the activities specified below are subject to permanent
suspension.
1.
Selling ProStar services.
Unless you have been specifically permitted to do so in a separate agreement with
ProStar, you agree that you will not reproduce, duplicate, copy, sell, trade or
resell the ProStar services for any purpose.
2.
Malware/Phishing.
You may not publish or link to malicious content intended to damage or disrupt another
user’s browser or computer or to compromise a user’s privacy.
3.
Pornography.
You may not post obscene or pornographic content.
4.
Spam. You may
not use the ProStar service for the purpose of spamming anyone. What constitutes
“spamming” will evolve as we respond to new tricks and tactics by spammers. Some
of the factors that we take into account when determining what conduct is considered
to be spamming are:
·
The number of spam complaints that have been filed against
you
·
If you post duplicate content over multiple accounts or multiple
duplicate updates on one account
·
If you post multiple unrelated updates to a topic
·
If you send large numbers of duplicate replies
·
If you send large numbers of unsolicited replies
·
If you repost other user’s content without attribution
·
If you have attempted to "sell" other ProStar
members, particularly through tactics considered aggressive
Accounts engaging in any of these behaviors may
be investigated for abuse. Accounts under investigation may be removed.
ProStar reserves the right to immediately terminate your account without further
notice in the event that, in its judgment, you violate these Rules or the Terms
of Service.
Copyright Policy
Performance Support Systems, Inc. respects the intellectual property rights of others
and expects users of the services to do the same. We will respond to notices of
alleged copyright infringement that comply with applicable law and are properly
provided to us. If you believe that your content has been copied in a way that constitutes
copyright infringement, please provide us with the following information: (i) a
physical or electronic signature of the copyright owner or a person authorized to
act on their behalf; (ii) identification of the copyrighted work claimed to have
been infringed; (iii) 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 us to
locate the material; (iv) your contact information, including your address, telephone
number, and an email address; (v) a statement by you that you have 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; and (vi) a statement that the information
in the notification is accurate, and, under penalty of perjury, that you are authorized
to act on behalf of the copyright owner.
We reserve the right to remove content alleged to be infringing without prior notice
and at our sole discretion. In appropriate circumstances, ProStar will also terminate
a user’s account if the user is determined to be a repeat infringer.
The Services are Available “AS-IS”
Your access to and use of ProStar services or any content is at your own risk. You
understand and agree that the services are provided to you on an “AS IS” and “AS
AVAILABLE” basis. Without limiting the foregoing, PROSTAR AND ITS PARTNERS DISCLAIM
ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility
and liability for the completeness, accuracy, availability, timeliness, security
or reliability of the Services or any content thereon. ProStar will not be responsible
or liable for any harm to your computer system, loss of data, or other harm that
results from your access to or use of ProStar services, or any content. You also
agree that ProStar has no responsibility or liability for the deletion of, or the
failure to store or to transmit, any Content and other communications maintained
by the Services. We make no warranty that the Services will meet your requirements
or be available on an uninterrupted, secure, or error-free basis. No advice or information,
whether oral or written, obtained from ProStar or through the Services, will create
any warranty not expressly made herein.
Links
The Services may contain links to third-party websites or resources. You acknowledge
and agree that we are not responsible or liable for: (i) the availability or accuracy
of such websites or resources; or (ii) the content, products, or services on or
available from such websites or resources. Links to such websites or resources do
not imply any endorsement by ProStar of such websites or resources or the content,
products, or services available from such websites or resources. You acknowledge
sole responsibility for and assume all risk arising from your use of any such websites
or resources.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROSTAR AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,
INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE
LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE
THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING
WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS
OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED
ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT
PROSTAR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY
SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion
or limitation of liability for consequential or incidental damages, so the limitations
above may not apply to you.
Waiver and Severability
The failure of ProStar to enforce any right or provision of these terms of service
will not be deemed a waiver of such right or provision. In the event that any provision
of these terms is held to be invalid or unenforceable, the remaining provisions
of these terms will remain in full force and effect.
Controlling Law and Jurisdiction
These terms and any action related thereto will be governed by the laws of the Commonwealth
of Virginia without regard to or application of its conflict of law provisions or
your state or country of residence. All claims, legal proceedings or litigation
arising in connection with ProStar services will be brought solely in the city of
Newport News, Virginia, and you consent to the jurisdiction of and venue in such
courts and waive any objection as to inconvenient forum. If you are accepting these
terms on behalf of a United States federal government entity that is legally unable
to accept the controlling law, jurisdiction or venue clauses above, then those clauses
do not apply to you but instead these terms and any action related thereto will
be governed by the laws of the United States of America (without reference to conflict
of laws) and, in the absence of federal law and to the extent permitted under federal
law, the laws of the Commonwealth of Virginia (excluding choice of law).
Entire Agreement
These terms, the ProStar Rules and our Privacy Policy are the entire and exclusive
agreement between ProStar and you regarding our services (excluding any services
for which you have a separate agreement with ProStar that is explicitly in addition
or in place of these terms), and these terms supersede and replace any prior agreements
between ProStar and you regarding the Services.
We may revise these terms from time to time, the most current version will always
be at www.prostarcoach.com/coach.
If the revision, in our sole discretion, is material we will notify you via a Coaching
Network post or e-mail to the email associated with your account. By continuing
to access or use the services after those revisions become effective, you agree
to be bound by the revised terms.
These services are operated and provided by Performance Support Systems, Inc., P.O.
Box 1655, Newport News, VA 23601. If you have any questions about these Terms, please
Contact Us
.