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.
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.
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 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.
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.
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.
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.
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.
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.
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.
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.
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.