Terms of Use

Last Updated April 2013

Terms of Use Statement

Welcome to the Procare Software, LLC. Internet Site ("Site") on the World Wide Web. Procare Software is an Oregon company that also conducts business as 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 Procare Software, its affiliates or are the property of their respective owners and are protected by U.S. and international copyright laws and conventions. The name Procare Software and the Prcare Software logo, Tuition Express and the Tuition Express logo are registered marks of Procare Software, LLC. The collection and compilation of the contents of the Site are separately protected and copyrighted works that are owned exclusively by Procare Software. 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 Procare Software or the applicable owner. Procare Software shall grant third party's the right to "link" to Procare Software 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 Procare Software. Any alteration, change, modification, adjustment or revision to "link" must be approved by Procare Software 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 Procare Software, is strictly prohibited. Procare Software 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. Procare Software is not responsible for the content of any other sites, nor does Procare Software 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

PROCARE SOFTWARE 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 PROCARE SOFTWARE BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, PROCARE SOFTWARE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT.

Limitation of Liability

IN NO EVENT SHALL PROCARE SOFTWARE 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 Procare Software ("Transmissions") shall be and remain Procare Software' 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 Procare Software 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, Procare Software 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

Procare Software 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 2013.

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. Procare Software 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.