YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS. PLEASE READ THEM CAREFULLY.
Welcome to www.protogetic.com (“Website”). M&H-RSF, LLC (“Company,” “us,” “we,” and “our”) provides access to the Website, and its services offered in the Website, to you subject to the following terms and conditions. In return for gaining access to the Website, you agree to be bound by these terms and conditions without limitation or qualification. If you do not intend to be legally bound by these terms and conditions, do not access or use the Website. If you visit the Website, you accept these terms and conditions. Please read them carefully.
The Website may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service does not imply that the Company or any other person or entity intends to make such product or service available in your country.
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via e-mail or by posting notices on the Website satisfy any legal requirement that such communications be in writing.
All content included on the Website, including, but not limited to, text, design, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, software, and code, is the property of Company or its content suppliers, and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Company or its content suppliers, and is protected by U.S. and international copyright laws. All software used on this site is the property of Company, its affiliates, or its software suppliers and is protected by United States and international copyright laws. All copyrights not owned by the Company that appear in content provided by product manufacturers are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company. Company disclaims any and all rights to such copyrights. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Website without the express, written consent of Company or its content supplier(s).
Company is the owner of the registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin that appear on this Website, including, without limitation, Protogetic™, the Protogetic logo, and The Protective Design Marketplace™.
The registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin of Company may not be used in connection with any business, product, or service whose source is not the Company in any manner that is likely to cause confusion among customers, the trade, or the public, or in any manner that disparages or discredits Company. All other trademarks, service marks, trade names, and logos not owned by Company that appear in content provided by third parties are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company. Company disclaims any and all rights to such trademarks, service marks, trade names, and logos. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin of Company or its content providers displayed or contained in the Website without the express, written consent of Company or its content supplier(s).
Company grants you a nonexclusive, nontransferable, limited right and license to access and make personal use of the Website and the material provided hereon, provided that you fully comply with the terms and conditions of use of the Website. You agree not to download (other than page caching) or modify the Website, or any portion of it without the express, written consent of the Company.
This license does not include any rights of resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express, written consent of Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form) of Company or its content suppliers without its or their respective express, written consent. You may not use any metatags or any other “hidden text” utilizing Company’s or its content suppliers’ name or trade names, trademarks, or service marks without the express, written consent of Company. Any unauthorized use terminates the permission or license granted by Company.
Children under the age of 18 are not authorized to use the Website without the permission and supervision of their parents or legal guardians.
Company reserves the right to refuse service, terminate accounts, remove or edit content, in its sole discretion. Visitors may not post reviews, comments, and other content, send e-cards and other communications, or submit suggestions, ideas, comments, questions, or other information, any of which is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Company reserves the right (but has no obligation) to remove or edit such content, in its sole discretion.
If you do post content or submit material, and unless we indicate otherwise, you grant Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, including, without limitation, any ideas, concepts, know-how, or techniques contained in any communications, content, or materials you send to the Website for any purpose whatsoever, including, without limitation, developing, manufacturing, providing, or promoting new products or services using such information and things. You grant Company the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate the Terms and Conditions of Use and will not cause injury to any person or entity; and that you will indemnify Company, its related entities and its affiliates for all claims resulting from content you supply.
From time to time, Company may monitor and edit or remove any activity or content, but it has no obligation to do so. Company takes no responsibility and assumes no liability for any content posted by you or any third party. Harassment in any manner or form on the Website, including via e-mail or chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Company employee, host, or representative or other members or visitors to the Website is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that constitutes or encourages a criminal offense, violates the rights of any party, or otherwise gives rise to liability or violates any law. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any commercial online service or other organization without the express, written consent of the Company.
Company does not recommend or endorse any of the products or technologies profiled on the Website. Company merely aggregates product information provided by manufacturers for your convenience and as an accommodation to the respective third-party manufacturers. Company does not independently verify the information supplied by manufacturers pertaining to the characteristics and capabilities of their products and technologies and does not warrant that product descriptions or other content appearing on the Website is accurate, complete, reliable, current, or error-free. Any information regarding products and technologies appearing on the Website, including their capabilities, limitations, and applications, should be sought directly from the manufacturers. Company shall have no responsibility or liability whatsoever for the failure of any product or technology to perform in accordance with any information appearing on the Website.
These terms and conditions of use apply only to this Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, services, or other materials on or available from such other websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products, services or other resources available from any other website (regardless of whether we directly or indirectly link to such content, advertisements, products, services, or other resources). You should direct any concerns with respect to any other websites to that website’s administrator or webmaster.
Company respects the intellectual property rights of others, and we ask our users to do the same. In appropriate circumstances and in our discretion, we may terminate the rights of any user to use of the Website (or any part thereof) who infringes the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or if you are aware of someone infringing on your rights, please provide the following information to the “Copyright Agent” specified below:
You may send notices of copyright infringement under the Digital Millennium Copyright Act to Company’s Copyright Agent by e-mail at email@example.com. Please reference Copyright in the subject line.
The Website is provided by Company on an “as is” and “as available” basis. Company makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website. You expressly agree that your use of the Website is at your sole risk.
To the fullest extent ALLOWED by applicable law, Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and EXPRESS WARRANTIES CONCERNING PRODUCT CAPABILITIES, LIMITATIONS AND APPLICATIONS CREATED BY INFORMATION PROVIDED BY MANUFACTURERS. company does not recommend, endorse, or independently verify information provided by manufacturers. if a product does not conform to the description provided by the manufacturer, your sole remedy is against the manufacturer.
Company does not warrant that the Website, its servers, or e-mail sent from Company are free of viruses or other harmful components.
IN no event shall Company OR ITS SUBSIDIARIES, AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS be liable for any damages of any kind arising from the use of the Website, including, but not limited to, direct, indirect, SPECIAL, incidental, STATUTORY, punitive, EXEMPLARY OR consequential damages, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, DAMAGE TO GOODWILL OR REPUTATION, OR OTHER ECONOMIC LOSS, REGARDLESS OF the legal theory on which such LIABILITY is based, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN.
The Website was developed in the United States of America in accordance with and shall be governed by the laws of the State of Delaware, United States of America. By visiting the Website, you agree that the laws of the State of Delaware and of the United States of America, without regard to principles of conflict of laws, will govern these terms and conditions of use, and any dispute of any sort that might arise between you and Company or its affiliates.
Any dispute relating in any way to your visit to the Website or to products you purchase through the Website shall be submitted to confidential arbitration in Dover, Delaware, of the United States of America, except that, to the extent you have in any manner violated or threatened to violate Company’s intellectual property rights, Company may seek injunctive or other appropriate relief in any state or federal court in the State of Delaware, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these terms and conditions of use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these terms and conditions of use shall be joined to an arbitration involving any other party subject to these terms and conditions of use, whether through class arbitration proceedings or otherwise.
These terms and conditions are effective as of May 21, 2020. Company reserves the right to modify these terms and conditions at any time and in its sole discretion, by posting a change notice on this page. YOUR CONTINUED USE OF THE WEBSITE FOLLOWING OUR POSTING OF A CHANGE NOTICE WILL CONSTITUTE BINDING ACCEPTANCE OF THOSE CHANGES.
M&H-RSF, LLC dba Protogetic
8 The Green
Dover, DE 19901
+1 (858) 222-7447