Terms of Service

Terms of Service

Last updated: April 20, 2023

Introduction

Welcome to Protea Technology Services. These Terms of Service (the “Terms”) apply to your use of our website, proteatech.dev (the “Site”), and any services we offer through the Site (the “Services”). By accessing or using the Site or Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Site or Services.

Accounts

You may create an account on our Site to access certain features or Services. You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to terminate your account at any time for any reason, including a violation of these Terms.

Content

You are solely responsible for any content you submit to the Site or Services, including text, images, or other materials (“Content”). You represent and warrant that you have all necessary rights to submit the Content and that the Content does not violate the rights of any third party or any applicable laws or regulations. By submitting Content, you grant us a non-exclusive, royalty-free, worldwide license to use, copy, modify, and distribute the Content for the purpose of providing the Services.

Intellectual Property

The Site and Services, including all text, graphics, logos, and images, are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws. You may not use or reproduce any of our intellectual property without our prior written consent.

Links

The Site or Services may contain links to third-party websites or resources. We are not responsible for the content or functionality of any linked website, and we do not endorse or make any representations about the accuracy or completeness of any information or materials contained on any linked website. You acknowledge and agree that we shall not be liable for any damages or losses resulting from your use of any third-party website or resource.

Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OR OTHER MATERIALS AVAILABLE THROUGH THE SITE OR SERVICES. YOU USE THE SITE AND SERVICES AT YOUR OWN RISK.

Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SITE OR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE USE OF THE SITE OR SERVICES.

Indemnification

You agree to indemnify, defend, and hold us harmless from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Site or Services, any Content you submit to the Site or Services, or any violation of these Terms.

Modification to Agreement

We reserve the right to modify these Terms at any time. If we make any material changes, we will notify you by email or through a message posted on the Site. Your continued use of the Site or Services after we make any such changes constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or any future Terms, do not use or access (or continue to access) the Site or Services.

Termination

We may terminate this Agreement and your access to the Site or Services at any time, with or without cause, without notice to you. Upon termination, you must immediately cease using the Site and Services.

Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the state of [insert state] without regard to its conflict of law provisions. Any disputes arising out of or relating to this Agreement shall be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Miscellaneous

This Agreement constitutes the entire agreement between you and Protea Technology Services LLC regarding your use of the Site and Services. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision.