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Terms of Use
Last Updated
April 2007
Terms of Use Statement
Welcome to the Blum Investment Group, Inc. Internet Site ("Site") on the World Wide
Web. Blum Investment Group is an Oregon corporation that also conducts business
as Professional Solutions and Tuition Express. Please review these Terms of Use,
which govern your use of our Site. By accessing, browsing, or using this Site, you
acknowledge that you have read and understand these Terms of Use. You also agree
to be unconditionally bound by these Terms of Use. If you do not agree to these
Terms of Use, you may not use this Site. Professional Solutions controls and operates
this Site from its offices within the United States. Claims relating to, including
the use of, this Site and the materials contained herein are governed by the laws
of the United States and the State of Oregon. If you choose to access this Site
from another location, you do so on your own initiative and are responsible for
compliance with applicable local laws.
Privacy Policy
You acknowledge that you have read and understand our
Privacy Policy.
You agree to receive notice of any changes in our privacy policy and annual notices
of our privacy policy only by notification posted on our web site. You may review
our privacy policy at any time by visiting the Tuition Express web site and clicking
on the “Privacy Policy” link.
Site Contents, Ownership, And Use Restrictions
Unless otherwise indicated, the information contained in this Site including but
not limited to, all images, illustrations, designs, photographs, video clips, text,
icons, designs written information and other materials that appear on the Site are
copyrights, trademarks, trade dress or other intellectual property owned, controlled,
or licensed (all of which, collectively, are herein referred to as the "Contents")
by Professional Solutions, its affiliates or are the property of their respective
owners and are protected by U.S. and international copyright laws and conventions.
The name Professional Solutions and the Professional Solutions logo, Tuition Express
and the Tuition Express logo are registered marks of Blum Investment Group, Inc.
The collection and compilation of the contents of the Site are separately protected
and copyrighted works that are owned exclusively by Professional Solutions. No trademark
or service mark license is granted in connection with any of the Contents on the
Site. Accessing the Site does not authorize users to use any name, logo, trademark
or service mark in any manner. Permission is granted to display, download, and print
in hard copy format other Contents of this Site solely for the purposes of using
this Site as an internal or personal business resource, and none of the Contents
may be copied, reproduced, distributed, republished, downloaded, displayed, posted
electronically or mechanically, transmitted, recorded, in any manner mirrored, photocopied,
or reproduced without the prior written permission of Professional Solutions or
the applicable owner. Professional Solutions shall grant third party's the right
to "link" to Professional Solutions and Tuition Express Sites provided the request
is made in writing. All third party's that have been granted rights to "link" to
Site(s) are required to use the URL linking mechanism supplied by Professional Solutions.
Any alteration, change, modification, adjustment or revision to "link" must be approved
by Professional Solutions in writing prior to implementation. Permission granted
herein terminates automatically if you breach any of these Site Terms of Use. Any
other use of the Contents on this Site including reproduction for purposes other
than as noted above, and including any reproduction, modification, distribution,
or republication may violate copyright or trademark laws, and, without the prior
written permission of Professional Solutions, is strictly prohibited. Professional
Solutions and its affiliates and licensors expressly reserve all intellectual property
rights, which are not expressly granted in these Terms of Use.
Links to Other Sites
Links to other Sites from the Site are provided solely for your convenience. Professional
Solutions is not responsible for the content of any other sites, nor does Professional
Solutions make any representations about the content or accuracy of material on
any other sites. If you click through to a third party's Site, you do so at your
own risk.
Site Security
Users of our Site are strictly prohibited from violating or trying to violate the
security features of the Site, such as by (1) accessing data not intended for that
user or logging onto a server or an account which the user is not authorized to
access; (2) attempting to probe, scan or test the vulnerability of a system or network
or to breach security or authentication measures unless we expressly authorize that
user to do so in writing; (3) attempting to interfere with service to any user,
host or network, such as by means of submitting a virus to the Site, overloading,
"flooding," "spamming," "mail bombing" or "crashing;" (4) sending unsolicited email,
including promotions and/or advertising of products or services; or (5) forging
any TCP/IP packet header or any part of the header information in any email or newsgroup
posting. Violations of system or network security may result in civil or criminal
liability. We will investigate occurrences that may involve such violations and
may involve, and cooperate with, law enforcement authorities in prosecuting users
who are involved in such violations. By using the Site, you hereby agree not to
use any device, software or routine to interfere or try to interfere with the proper
working of this Site or any activity being conducted on this Site. You further agree
not to use or try to use any engine, software, tool, agent or other device or mechanism
(including browsers, spiders, robots, avatars or intelligent agents) to navigate
or search the Site other than the search engine and search agents which we make
available on this Site and other than generally available third party web browsers
like Netscape Navigator or Microsoft Explorer.
Disclaimer of Warranty
PROFESSIONAL SOLUTIONS IS PROVIDING THIS SITE AND ITS CONTENT ON AN "AS IS" BASIS
AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AS TO
THE SITE OR ITS OPERATION OR CONTENT. ALTHOUGH PROFESSIONAL SOLUTIONS BELIEVES THE
CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, PROFESSIONAL SOLUTIONS DOES NOT REPRESENT
OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THIS SITE IS ACCURATE, COMPLETE, OR
CURRENT.
Limitation of Liability
IN NO EVENT SHALL PROFESSIONAL SOLUTIONS OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS,
AGENTS, SUPPLIERS OR THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER
PERSON FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, PROFITS OR GOODWILL,
BUSINESS INTERRUPTION, OR COMPUTER FAILURE OR MALFUNCTION, WITHOUT REGARD TO THE
FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, STRICT LIABILITY, NEGLIGENCE,
OR OTHER TORTUOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY
TO USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE.
Information Submissions Provided By You
You agree that any material, information, and ideas that you transmit to this Site
or otherwise provide to Professional Solutions ("Transmissions") shall be and remain
Professional Solutions' property and you hereby assign all of your rights in such
Transmissions, including any copyrights, to Professional Solutions in perpetuity
throughout the world for any and all present or future uses in any and all languages,
for no compensation. All Transmissions will be treated as non-proprietary and Professional
Solutions shall be under no obligation of any kind with respect to such information
and shall be free to reproduce, make derivative works from, use, disclose, and distribute
the Transmissions to others without limitation. Additionally, Professional Solutions
shall be free to use any ideas, concepts, know-how, or techniques contained in such
information for any purpose whatsoever including, but not limited to, developing,
manufacturing, or marketing products incorporating such information. In addition,
you agree, and are hereby put on notice, that you are prohibited from posting or
transmitting to or from this Site any unlawful, threatening, libelous, defamatory,
inflammatory, pornographic, or profane material or any other material that could
give rise to any civil or criminal liability under law. You are solely responsible
for the content of any comments you make.
Terms of Use Revisions
Professional Solutions reserves the right to revise these Terms of Use by updating
this posting without prior notice. You agree that in the event any portion of these
Terms of Use are found to be unenforceable, the remainder of these Terms of Use
shall remain in full force and effect and the otherwise unenforceable portion shall
be amended so as to be enforceable to the greatest extent permitted by law. By using
this Site you agree to be bound by any such revisions and should therefore periodically
visit this page to determine the then current Terms of Use by which you are bound.
Our terms of use was last updated on
April 2007.
Correspondence Generated through Web Site
All email notifications containing specific messages, correspondences and other
related writings are generated by owners and/or operators of ProCare Management
Software. Said owners and operators are responsible for the delivery and content
of all notifications. Professional Solutions and its affiliates are not responsible
for the content of any correspondence by and between participating parties.
Links to External Websites
Please be aware that, when you click on links that take you to external Websites,
you will be subject to their privacy policies and practices and not ours. We strongly
encourage you to read their privacy policies and practices to determine if they
differ from those utilized on our Site.
Consent
By using our Site, you agree to the Terms of Use, INCLUDING ALL LIMITATIONS OF LIABILITY
AND DISCLAIMERS OF WARRANTY PROVISIONS which are an integral part of these statements.
We reserve the right to revise this Privacy and Security Statement or the Terms
of Use at any time by updating these postings without prior notice. By using this
Site you agree to be bound by any such revisions in effect at the time of use and
should therefore periodically visit this page and the Terms of Use page to determine
the then current policies applicable to users of the Site.
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