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Terms & Conditions



PROS , Inc. ("PROS ") offers this web site, including all information, software, products and services available from this site or offered as part of or in conjunction with this site (the "Web site"), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here, as well as any additional terms and conditions that may apply to specific sections of the Web site or to products or services offered on or through the Web site. PROS reserves the right to make changes to these Terms and Conditions (including the Privacy Policy attached hereto, which shall be deemed to be a part of these Terms and Conditions) immediately by posting the changed Terms and Conditions in this location. Your continued use of the Web site (including automated use) constitutes your agreement to all such terms, conditions and notices, and any changes to the Terms and Conditions made by PROS .

Personal and Noncommercial Use
The Web site is for your personal use and for noncommercial purposes, except as expressly provided on the Web site, including for the sale or purchase of goods in the PROS Garage Sale forum or to engage in commerce with third-party merchants whose websites are accessible from the Web site. You may not make commercial use of the data or content found on this site, including, without limitation, "scraping" or other manual or automated methods of collecting user e-mail addresses or other user data, product descriptions, product prices, or any other information or content on the Web site. As a condition to your continued use of the Web site, you warrant to PROS that you will not (i) use the Web site for any purpose that is unlawful or prohibited by these Terms and Conditions, (ii) make any use of the Web site that, in PROS 's sole determination, imposes an unreasonable burden on PROS 's systems, (iii) make any attempt to gain unauthorized access to the Web site, or any user account, computer system, or network connected to this Web site, including by hacking, password mining, "phishing," or other illicit means, or (iv) use this Web site in connection with any referral programs, pyramid schemes, chain letters, or spam operations.

Linking
Unless you are subsequently advised otherwise by PROS , you are hereby licensed to create hyperlinks to the content on the Web site, provided that the hyperlink accurately describes the content as it appears on the Web site. PROS reserves the right to revoke this license generally, or your right to use specific links, at any time. Under no circumstances may you "frame" the Web site or any of its content or copy portions of the Web site to a server, except as part of an Internet service provider's incidental caching of pages. Each page within the Web site must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Web site. You are not authorized to create any hyperlinks that would state or imply a sponsorship or affiliation with PROS or the Web site or portray PROS or the Web site in a false, misleading, or otherwise objectionable manner.

Online Commerce
Relationship to Online Merchants. The Web site contains links that allow users to access third-party web sites on which users may purchase goods or services from online merchants. PROS is not a seller, broker, or lender of any goods or services advertised, featured, or otherwise mentioned on the Web site. Such third-party web sites may have privacy policies, terms of use, or other policies that are different from those on the Web site. You are encouraged to familiarize yourself with all policies of third-party sites before using such sites. Notwithstanding any indication to the contrary on the Web site, PROS does not control, monitor, endorse, sponsor or have any responsibility whatsoever for third-party sites. Your use of any third-party web site is solely at your own risk.

Commerce on Third-party Web Sites. You may wish to purchase goods or services advertised or featured on the Web site that are offered by merchants on third-party web sites. All transactions on third-party websites are between you and the third-party merchant. PROS shall have no responsibility whatsoever in the event that a dispute arises between you and a third-party merchant. PROS does not endorse any product or service or make any representation regarding the reliability, quality, safety, availability or accuracy of any information, products, or services provided on or through third-party web sites accessible via hyperlinks on the Web site.

Coupons and Other Offers on the Web Site. The Web site may contain coupons, promotions, or other offers relating to goods or services offered by third-party merchants. PROS does not control and cannot guarantee the accuracy, validity, or legality of any coupon, promotion, or other offer made available on the Web site, regardless of whether such coupon, promotion, or other offer is provided by PROS or by a user of the Web site.

Commerce on the Web site. Portions of the Web site, such as the "PROS Garage Sale," may offer users the ability to buy or sell products or services directly on the Web site. You must be at least 18 years of age to buy or sell products on the Web site. PROS makes no guarantees and provides no protections with respect to the conduct of buyers or sellers on the Web site. You fully assume all risk of participating in transactions on the Web site, including any damages or harm arising out of your disclosure of personal information to another user. PROS is not a party to any transaction between users and has no responsibility to resolve any disputes arising out of any transactions occurring on the Web site. PROS shall have no responsibility whatsoever relating to the transactions conducted by users on the Web site.

Disclaimer of Liability. You acknowledge and agree that PROS shall not be liable for any loss, damage, or injury arising out of (i) transactions between users occurring on the Web site, (ii) any use of a third-party website, including transactions between users and third-party merchants, (iii) any coupons, promotions, or other offers made available on the Web site by PROS or other users.

Software Available on Web Site
Any software that is made available to download from this Web site is the copyrighted work of PROS and/or its suppliers. Your use of the software is governed by the terms of the End User License Agreement, if any, that accompanies or is included with the software. You may not install or use any software without first agreeing to the terms of such End User License Agreement. For any software not accompanied by an End User License Agreement, PROS hereby grants to you a personal, nontransferable, non-sublicensable license to use the software for viewing and other purposes within the scope of use of such software anticipated by PROS in accordance with these terms and conditions, and for no other purpose. Any such software is provided to you subject to the warranty and liability exclusions set forth in these terms and conditions.

User Content
PROS may allow you to upload, post, transmit or otherwise provide information or content to the Web site, including, but not limited to, photos, video, audio, comments, product listings, coupons, and any other information or content that you post or otherwise transmit to the Web site ("User Content"). You agree that you are solely responsible for any User Content that you post to the Web site.

Rules Governing User Content. This Web site, including any portions of the Web site that allow users to post User Content, may only be used for lawful purposes and in accordance with these Terms and Conditions. You agree to abide by the following rules in using the Web site:
  • Do not post User Content to the Web site if you are under the age of 13;
  • Do not disrespect the privacy and views of others, or use the service to stalk or harass another;
  • Do not provide User Content that is harmful to minors in any way;
  • Do not provide obscene, profane, sexually explicit, libelous, slanderous, defamatory, harmful, threatening, illegal or knowingly false User Content;
  • Do not provide User Content containing expressions of bigotry, racism or hate;
  • Do not provide User Content encouraging conduct that may constitute or contribute to a criminal offense, give rise to civil liability or violate any national, state or local law, regulation or authority;
  • Do not impersonate another person, or permit any other person or entity to use your identification to post or view User Content;
  • Do not provide User Content that infringes on the copyright, trademark, patent, trade secret (including unauthorized disclosure of any nonpublic information concerning a third party's anticipated product sales, discounts, rebates, new product launches, or other proprietary information), or other intellectual property rights of others;
  • Do not provide User Content that violates the privacy or publicity rights of others;
  • Do not provide User Content that supports or provides resources to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  • Do not provide User Content containing malicious code, including but not limited to computer viruses, Trojan horses, or other programs designed to disrupt, damage, restrict, or provide unauthorized access to any computer software or hardware or telecommunications equipment.
Respect the Intellectual Property Rights of Others. You may not post or transmit to the Web site any content belonging to another party, without the prior written consent of the owner of such content. Simply because material is available on the Internet does not mean it is in the public domain. The vast majority of materials on the Internet are protected by copyright and trademark laws. You are solely responsible for any damages resulting from violation of the copyright, trademark, or other rights of a third party that arise out of User Content that you submit to the Web site.

PROS 's Right to Remove User Content. PROS shall have the right, but not the obligation, to monitor any User Content areas of the Web site to determine compliance with these Terms and Conditions and any other operating rules that may be established by PROS from time to time. If PROS is notified or otherwise determines, in its sole discretion, that any User Content violates these Terms and Conditions, PROS may remove or request the removal of such User Content. In addition, regardless of whether such User Content violates these Terms and Conditions, PROS reserves the right (but is not obligated) to edit or delete any User Content posted on the Web site that PROS , in its sole discretion, views as objectionable or otherwise likely to inhibit the enjoyment of the Web site by other users.

PROS 's Right to Use User Content. PROS reserves the right to record, re-purpose or re-publish User Content, including, for example, on its web sites, newspapers, and broadcast stations. By posting User Content, you are granting to PROS , its affiliates, subsidiaries, and all of their officers, directors, employees, agents, licensors and suppliers a worldwide, royalty-free, perpetual, non-exclusive and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any User Content submitted by you and/or to incorporate (in whole or in part) such User Content in other works in any form, media or technology now known or hereafter developed.

Responsibility for User Content. You agree to defend, indemnify and hold harmless PROS , its affiliates, subsidiaries, and all of their officers, directors, employees, agents, licensors and suppliers, from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, yours or another person's use of User Content that you submit to the Web site, including, without limitation, any claim of libel, defamation, harassment, violation of rights of privacy or publicity, loss of service, or infringement of intellectual property or other rights, or violation of these Terms and Conditions.

NOTE TO USERS. PROS does not control and is not responsible for User Content posted to the Web site and does not represent or guarantee the truthfulness, accuracy or reliability of any User Content. ANY RELIANCE UPON USER CONTENT ON THE WEB SITE IS AT YOUR OWN RISK. PROS shall not be liable in any way for damages or harm arising out of User Content, including, without limitation, claims that such User Content is offensive, defamatory, obscene, or violates your rights or the rights of others.

Registration

You may be asked to provide personally-identifiable information in connection with your use of the Web site. The use of your personally-identifiable information is governed by PROS 's Privacy Policy contained within these Terms and Conditions. By registering for the Web site, you agree that you will not:
  • Provide incomplete or inaccurate information about yourself;
  • Select a user name or provide any other information with the intent of impersonating and/or defaming another person;
  • Select a user name or provide any other information that violates the intellectual property or other rights of a third party; or
  • Select a user name that is objectionable or offensive as determined by PROS , in its sole discretion.


You are responsible for maintaining the confidentiality of your user name and password and are responsible for all activity (whether by you or others) that occurs under your account. You are encouraged to notify PROS immediately of any actual or suspected breach of security relating to your account. In no event will PROS be liable for any loss or damage resulting from any use (whether authorized or not) of your account by a third party.

Termination of Privileges
PROS reserves the right to suspend and/or terminate your privilege of using all or any portion of the Web site if you breach any of these Terms and Conditions or if, in PROS 's sole determination, your conduct on the Web site is objectionable or would otherwise inhibit the enjoyment of the Web site by other users. Without limiting the foregoing, if PROS receives notice or otherwise discovers that you have violated (whether or not repeated) another party's copyright, trademark rights, rights of privacy or publicity, or any other rights of a third party, PROS may terminate your access to the Web site, including all of your privileges or accounts and related information that you may have established or obtained in connection with the Web site. All of the disclaimers, exclusions of liability, and indemnification obligations set forth in these Terms and Conditions shall survive any suspension or termination of your privileges hereunder.

No Warranties
USE THE WEB SITE AT YOUR OWN RISK. THIS WEB SITE IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. PROS MAKES NO WARRANTY THAT ANY CONTENT CONTAINED ON THIS WEB SITE SATISFIES ANY APPLICABLE GOVERNMENT LAW, REGULATION OR REQUIREMENT. PROS , ITS AFFILIATES, SUBSIDIARIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS, OR OTHER PARTIES USED TO PROVIDE THE WEB SITE DO NOT WARRANT THAT THE WEB SITE OR ITS OPERATION WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PROS DISCLAIMS LIABILITY FOR ANY LOSS, DAMAGE, OR INJURY CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THE WEB SITE OR ANY THIRD-PARTY SITES ACCESSIBLE FROM THE WEB SITE.

No agent or representative has the authority to create any warranty regarding the Web site on behalf of PROS . PROS reserves the right to change or discontinue at any time any aspect or feature of the Web site.

Exclusion of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PROS , ITS AFFILIATES, SUBSIDIARIES, AND ALL OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEB SITE, DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEB SITE OR A THIRD-PARTY SITE ACCESSIBLE THROUGH THE WEB SITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT NO LICENSOR, SUPPLIER OR INFORMATION PROVIDER TO PROS , OR ITS AFFILIATES, SUBSIDIARIES, AND ALL OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS, OR ANY OF THEIR SUCCESSORS OR ASSIGNS, SHALL HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE WEB SITE.

Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitation may not apply to you. In such states, PROS 's liability with respect to the Web site and any third-party web site accessible through the Web site is limited to the greatest extent permitted under applicable law.

In the event that you become dissatisfied with the Web site, including all information, products, or services available on or through the Web site, your sole and exclusive remedy is to discontinue your use of the Web site.

Indemnification

You agree to defend, indemnify and hold PROS , its affiliates, subsidiaries, and all of their officers, directors, employees, agents, licensors and suppliers harmless from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Web site, or any content, product or service offered through the Web site, in a manner that violates or is alleged to violate these Terms and Conditions. PROS shall provide notice to you of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

Copyright
Except for material in the public domain under United States copyright law, all material contained on the Web site (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Web site without the prior consent of the copyright owner. None of the material contained on the Web site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of PROS . Violation of this provision may result in severe civil and criminal penalties.

You may make single copies of materials displayed on the Web site for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Web site. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from PROS or the copyright owner of the copied material.

Statement of Privacy

We at Citydigest, understand your need to maintain your privacy when using the Internet for your communication, shopping, exploration and play. These are the Policies Citydigest.net adheres to in maintaining this site for your use. Please note that each particular web site under the citydigest.net network (including www.citydigest.net, www.nashvillenet.com, couponsdealspromos.com,mamaslist.com,mytaxgurus.com, www.newdelhi.net )

Privacy Policies

Policy 1. We will explicitly ask you when we need information that personally identifies you or allows us to contact you ("Personal Information"). Generally, Personal Information is requested when you register for a site, when you request a particular service or information from us or one of our merchants, when you purchase a product, when you fill out a survey, or when you enter a sweepstakes or contest. When possible, we will give you chance to make sure that your Personal Information is correct and up to date.

Policy 2. We have important business relationships with certain third party service partners ("Service Partners"). These Service Partners allow us to offer you a broader array of services than we could provide to you on our own and assist us in the operation of our site. Our Service Partners and we use your Personal Information to operate the site and services that we offer, and to inform you of new features, services, and products available to you.

Policy 3. We may also carefully select other companies to send you information about their products or services which are related to the site's service but are not necessary to its operation ("Other Companies' Use"). If we intend to use your Personal Information for Other Companies' Use, we will provide you with instructions on how to decline this service. You may also stop the delivery of informational or promotional mail from us, or from other companies referred by us, by following the instructions on the email delivering the information.

Policy 4. We do not believe that any portion of our site directly solicits children 13 years old or younger. However, if we develop a portion of our site that does directly solicit children age 13 years old or younger, we will not directly solicit Personal Information from children, nor provide it for Other Companies' Use without first attempting to obtain the consent of a parent or guardian. If possible, we will also endeavor to provide e-mail notice to parents that their children have provided Personal Information to the site.

Policy 5. We may disclose Personal Information if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to the edicts of the law or comply with legal process served on us or our affiliates; (b) protect and defend our rights or property or those of our users, and (c) act as immediately necessary in order to protect the personal safety of our users or the public.

Policy 6. If at any time you believe that we have violated these Policies, please notify us by Email: newdelhi@newdelhi.netand we will use all commercially reasonable efforts to promptly investigate and remedy the problem.

For more information about our privacy statement, see the following Frequently Asked Questions:

Frequently Asked Questions

How do you collect Personal Information?
What about Cookies?
How do you use Personal Information?
Do you share my Personal Information with other companies?
What about the privacy of children?
Do you collect other forms of information about your users?
How do I correct or change the Personal Information I have provided to you?
Can other users obtain my Personal Information from the site without my consent?

How do you collect Personal Information?
Personal Information is collected by specifically requesting it from you. Generally this occurs when you register at a site, request a service or information, fill out a survey, purchase a product, or enter an online contest or sweepstakes.

What about Cookies?
Cookies are pieces of information that a Web site transfers to your computer's hard disk for record-keeping purposes. Cookies can make the Web more useful by storing information about your preferences on a particular site. The use of cookies is an industry standard, and many major Web sites use them to provide useful features for their customers. Cookies in and of themselves do not personally identify users, although they do identify a user's computer. Most browsers are initially set to accept cookies. If you prefer, you can set your browser to refuse cookies. However, you may not be able to take full advantage of a Web site's functionality if you do so.

How do you use Personal Information?
Usually, we use your Personal Information to operate the site and to deliver services. Personal Information may be shared between web sites that make up the citydigest.net network of web sites and (including www.citydigest.net, www.nashvillenet.com, www.globalnews.net, www.newdelhi.net ) and others. We may also use Personal Information to allow other companies to contact you regarding products and services that may be of interest to you. If we intend to use Personal Information for Secondary Uses (see below), you will be provided with an opportunity to decline such contact.

Do you share my Personal Information with other companies?
We may have several necessary service partners who assist in providing the services or products associated with the site. As part of the operations of the site, these companies may have access to your Personal Information. These companies may provide routine services, such as credit card processing, or may provide essential elements of the site. These uses of Personal Information are primary to the operation of the site and are not considered Secondary Uses. We may also partner with businesses to provide special services to our customers. This type of use of Personal Information is called a "Secondary Use" because it is not necessary to the operation of the business or site. For example, a site may offer discount coupons for services or related products. In many cases these discounts would be an added benefit to our users.

What about the privacy of children?
The safety and privacy of children under 18 on the Internet is essential. We do not believe that any portion of our site is primarily directed at children. If we develop an area of our web site that is primarily directed at children, particularly children 13 years old or younger, we will only collect the most minimal amount of Personal Information necessary for the operation of the service. We attempt to follow up this collection of Personal Information with message to the user's e-mail address instructing them to seek parental permission for their use of the site.

Do you collect other forms of information about your users?
In addition to the use of Personal Information to operate our site, we may also gather anonymous information, which may be used by us or shared with third parties. This is information which does not personally identify you, but which may be helpful for marketing purposes or for improving the services we offer. For example, we might use this anonymous information to inform our advertisers how many users visited a particular advertisement, and for how long, so they can measure whether the advertisement was effective. This information is also used to generate advertising rates. Generally this information is collected either through "traffic data" or direct surveys of our customers and may entail the use of "Cookies", "IP addresses" or other numeric codes used to identify a computer by which a user accesses our site.

How do I correct or change Personal Information that I have given to you?
Generally, you will have the opportunity to correct or change your Personal Information at any time. When you use the Web site feature for which you have provided Personal Information, you will be able to access and edit your Personal Information for that feature. For example, when you register to personalize Citydigest.net content, you are asked to provide us with a password. You can change that password at any time from your personalized Citydigest.net page.

Can other users obtain my Personal Information from the Site without my consent?
Personal Information collected by us is stored in secure operating environments that are not available to the public. In many instances, such as in the case of credit card numbers, the Personal Information is encrypted before you conduct your transaction.

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