Terms of Use

DISCLOSURE AND TERMS OF USE
PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING OR ACCESSING ANY PAGES IN THIS WEBSITE. THESE TERMS REQUIRE YOU TO ARBITRATE DISPUTES, WAIVE YOUR RIGHT TO A JURY TRIAL AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF. By using or accessing this website you signify your acknowledgment and acceptance of the terms and conditions set forth below (the “Agreement”).  If you do not agree to these terms, please do not use this website. Please check these terms periodically for changes, as your use after such change signifies your acceptance of the changed terms. These terms can be accessed from the link at the bottom of our website pages at any time.


INTRODUCTION
This website is not intended for access outside of the United States of America.

The content, advertising and financial market information accessible through this website including but not limited to all design, text, audio, images and financial analysis and research and other financial market data (collectively the “Information”) is provided by ProManage, LLC, a Delaware limited liability company, (collectively “ProManage,” “we,” or “us”) and its affiliates, licensors and various third-party companies, and their respective officers, directors, members, managers, employees, affiliates and agents.

The Information provided through this website by ProManage is for information purposes only and should not be used or construed as investment advice or as legal or tax advice to you, or as an offer to sell, solicitation of an offer to buy or any endorsement, recommendation or sponsorship of any company or security by ProManage. You acknowledge that any requests for information are unsolicited and shall neither constitute nor be construed as investment advice by ProManage to you. It is strongly recommended that you seek outside advice from a qualified securities professional. ProManage does not guarantee the suitability or potential value of any particular investment or information source. ProManage may invest or otherwise hold an interest in companies or securities discussed on this website. No information should be interpreted to state or imply that past results are an indication of future performance.


MODIFICATION AND MONITORING OF WEBSITE
You agree to review these terms (including the Privacy Policy) periodically so that you are aware of any modifications. Any modifications to these terms will be effective upon our posting or notification of the new terms, and your continued use of the website shall be deemed your acceptance of the modified Agreement terms. If you do not agree to any part of the modified terms, then you must stop accessing the website. ProManage expressly reserves the right to monitor any and all use of this website.


LIMITS ON USE
In connection with viewing and using this website you are permitted to download one temporary copy of the Information into one single computer’s memory solely for your own personal non-commercial use and not for distribution, provided that all relevant copyright, trademark and other proprietary notices shall be kept intact.  The Information is the exclusive property of ProManage and is protected by applicable copyright and trademark law and other proprietary rights. Unauthorized use of the Information is prohibited. You agree not to copy, reproduce, download, retransmit, disseminate, sell, rent, sublicense, distribute, publish, perform, broadcast, display, circulate or commercially exploit the Information in any manner, or alter, store for subsequent use, decompile, disassemble, reverse engineer, or otherwise use the Information in whole or in part without the express written consent of ProManage. You shall not make any derivative use of the website or its Information or use any data mining, screen scraping, or similar data gathering and extraction tools to collect or extract Information or data from the website. Any rights not expressly granted herein are reserved by ProManage. You may not link other websites to this website without the express written permission of ProManage.


USER CONTENT
ProManage is pleased to hear from clients and users of this website, however we do not accept or consider any creative ideas, suggestions or other materials related to products, services or marketing unless we have specifically requested them.  Therefore, please do not send us any original creative materials such as product ideas or suggestions.  Anything you disclose or offer to us (“Disclosures”), including submissions by or through this website or e-mails to us is PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret. Do not send any confidential information via this website or e-mail. ProManage is free to use, for any purpose whatsoever, any Disclosure, including but not limited to publishing, or developing, providing, and marketing products and services using such information. By uploading or otherwise providing any Disclosure to us or this website, you hereby grant ProManage and its affiliates and designees the unlimited, irrevocable, perpetual right to reuse, redistribute, modify and create derivative works from such Disclosure for any purpose and in any media without compensation, and you warrant that all “moral rights” in uploaded materials have been waived.


ACCEPTABLE CONDUCT
We reserve the right in our sole discretion, to filter, censor, edit or regulate information and content provided by users of this website, including Disclosures and any other information provided, (collectively, “User Content”) and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such User Content. You represent that you have proper right and authorization to use any User Content you upload or post. You agree that you will not use the website to submit, post, upload, or otherwise transmit any User Content that is defamatory, libelous, abusive, tortuous, harassing, vulgar, obscene, or otherwise indecent; submit, post, upload or otherwise transmit any User Content that infringes or otherwise violates the rights of any third party, including without limitation privacy rights and proprietary rights; submit, post, upload or otherwise transmit User Content that contains viruses, corrupted files, malware, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell any goods or services for any commercial purpose; impersonate, or otherwise misrepresent your affiliation with, any other person or entity; falsify or delete any attributions, legends, or other proprietary designations of the origin or source of software or other content appearing on the website or contained in any link or file that is uploaded; collect or store personal data about other members or users; attempt to gain unauthorized access to the website or Information; use any spider, scraper, robot or other automated tool, program or methodology to gain access or monitor the website, related services or User Content; or violate any applicable local, state, federal, or international law or regulation. ProManage will assist law-enforcement officials investigating illegal activity or violations of this Agreement.


DISCLAIMERS OF WARRANTIES AND LIABILITY
Due to various factors, including the inherent possibility of human and mechanical error, the accuracy, completeness and timeliness of the Information and the results obtained from its use, or correct sequencing of the Information is not guaranteed by ProManage or any persons creating or transmitting the Information. News stories reflect only the author’s opinion and not that of ProManage.

YOUR USE OF THE INFORMATION IS AT YOUR SOLE RISK. ALL INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS OF ANY KIND WHATSOEVER. IN PARTICULAR, BUT WITHOUT LIMITATION, THERE SHALL BE NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PROMANAGE AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION WILL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES THAT ARISE OUT OF YOUR USE OF OR ACCESS TO THE INFORMATION (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF OPPORTUNITY, TRADING LOSSES AND DAMAGES THAT MAY RESULT FROM INACCURACY, INCOMPLETENESS, INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE INFORMATION), EVEN IF PROMANAGE OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, PROMANAGE OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANYONE ELSE UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHER THEORY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO. CERTAIN FEDERAL LAWS, INCLUDING FEDERAL SECURITIES LAWS, IMPOSE LIABILITIES UNDER CERTAIN CIRCUMSTANCES ON PERSONS WHO ACT IN GOOD FAITH AND THEREFORE NOTHING CONTAINED HEREIN SHALL IN ANY WAY CONSTITUTE A WAIVER OR LIMITATION OF ANY RIGHTS THAT A CLIENT OF PROMANAGE MAY HAVE UNDER ANY SUCH FEDERAL LAWS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

This website may have links to other (third-party) internet sites which have not necessarily been screened or reviewed by ProManage and which may contain inaccurate, inappropriate or offensive material, products or services and the existence of external links does not constitute an endorsement by ProManage of the linked website. ProManage assumes no responsibility or liability with regard to the accuracy, reliability, legality or decency of such third-party sites, content, products or services, and shall not be liable therefor. ProManage and any person creating or transmitting the Information shall not be liable for any infection by viruses of or damage to any computer that results from your use of, access to or downloading of the Information. If you are dissatisfied with the Information, products or services offered at this website or with the terms and conditions of this Agreement, your sole and exclusive remedy is to discontinue use of and access to this website and the Information.


TERMINATION AND CANCELLATION
ProManage reserves the right to modify or terminate this website or any of these terms, and to terminate your access to this website, without notice at any time.


TRADEMARKS
All trade names, trademarks, service marks and other product and service names and logos displayed herein are the proprietary marks and names of their respective owners, are protected by applicable copyright and trademark laws and may not be used by you without express authorization. https://www.promanageplan.com is not owned, sponsored, approved by or otherwise affiliated with any other entity named herein.


JURISDICTIONAL ISSUES AND APPLICABLE LAW
Unless otherwise specified, ProManage controls and operates this website from its offices within the State of Illinois, United States of America.
  • ProManage does not claim that materials in this website are appropriate or available for use in locations other than Illinois. If you choose to access this website from other locations, you do so on your own initiative, and you are responsible for compliance with any applicable local laws.
  • Software from this website is further subject to United States export controls. Software from this website may not be downloaded or otherwise exported or re-exported outside the United States. By downloading or using software, you represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory outside of the United States.
  • The laws of the State of Illinois govern these terms. If you take legal action relating to these terms, you agree to file such action only in Illinois, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any action relating to this Agreement or the website or Information.
 

GENERAL
Should any provision of this Agreement or portion thereof be held illegal or unenforceable by an appropriate jurisdiction, such provision shall be limited or severed, and the remainder of the Agreement shall continue in full force and effect. Neither the rights nor the obligations arising under this Agreement are assignable or transferable by you and any such attempted assignment or transfer shall be void and without effect.

The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.

Please see our Privacy Policy for information regarding the collection and use of personal information from this website.

Specific areas or pages of this website may include additional or different terms relating to the use of this website or the rights or obligations of you or ProManage.  In the event of a conflict between such terms and these terms of use, such specific terms shall control.