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NOTE FOR ED, THIS MUST BE APPROVED SO
PLEASE READ.
THIS IS ONLY A DRAFT AND DOES NOT
CONSTITUTE THE FINAL DOCUMENT
Progressive Dimensions - Terms of Use
User Agreement on Progressive Dimensions
As a user of the Progressive Dimensions Web
site(s), I represent to Progressive
Dimensions that my access is on my own
behalf or on behalf of myself, my employer
or my own business enterprise and that I am
authorized and empowered to make promises,
representations, and agreements on my own
behalf or on behalf of my employer or
business enterprise. I understand this
agreement contains important legal and
financial responsibilities that may affect
my employer, my business, or me.
As an inducement for Progressive Dimensions
to provide me with access to or permitting
me to use Progressive Dimensions Web sites,
I agree to the following terms and
conditions. I understand that the Internet,
electronic commerce, and technology is
changing rapidly, and Progressive Dimensions
may address these changes by changing these
terms and conditions from time to time at
Progressive Dimensions sole discretion.
Accordingly, I promise to review regularly
these terms and conditions to be informed of
and agree to any changes made by Progressive
Dimensions If at any time I do not agree to
any term or condition of this or any revised
Progressive Dimensions web access or use
agreement, I promise not to access or
otherwise use any Progressive Dimensions
Web sites. I understand that these terms
and conditions apply to all Progressive
Dimensions Web sites, including any Web
sites owned, operated, or sponsored by any
Progressive Dimensions subsidiaries or
affiliates. I agree that the word "content,"
as used in this Agreement refers to any
materials, documents, images, trademarks,
copyrighted materials, graphics, logos,
design, audio, video, and any other
information provided from or on Progressive
Dimensions Web sites.
Purpose
Progressive Dimensions maintains its Web site
content for general marketing, promotional, public
relations, and general public information purposes.
Progressive Dimensions does not transact business
or engage in transactions by way of Progressive
Dimensions Web site content. Regardless of the
existence of any order forms, interactive features,
request forms, invitation for comment, or
suggestions contained in any Progressive Dimensions
Web site, no contract or binding obligation of
Progressive Dimensions of any kind may be implied,
assumed, or made until an authorized and empowered
representative of Progressive Dimensions reviews
and accepts, in writing, any proposal, offer, order,
or other information submitted by the user via any
Progressive Dimensions Web site. You agree that
Progressive Dimensions becomes legally bound to and
responsible for only those promises, obligations,
and commitments contained in written contracts and
instruments signed by such authorized and empowered
representative of Progressive Dimensions .
Notwithstanding anything to the contrary contained
in any Progressive Dimensions Web site, Progressive
Dimensions reserves the right to and may reject any
information, offers, orders, suggestions, comments,
or other information submitted to Progressive
Dimensions via any Progressive Dimensions Web
site.
No Permissions
Progressive Dimensions provides its Web site content
for informational purposes only for its customers,
investors, vendors and employees and other
constituencies. No license is granted by Progressive
Dimensions to anyone to use or exploit any content.
If you wish to use or exploit any Progressive
Dimensions Web site content, you agree to contact
Progressive Dimensions in writing and to use such
content only in accordance with a written agreement
with Progressive Dimensions If you use or exploit
any Progressive Dimensions content without the
agreement of Rosa Pen Corporation, you agree to be
responsible for all claims, costs, losses, expenses,
damages, and liabilities incurred by Progressive
Dimensions as a result of your actions or
omissions.
Disclaimer
Progressive Dimensions has no obligation to be sure
that the content of its Web site is accurate or
complete, up-to-date or current, free from technical
inaccuracies or typographical errors, or free from
changes caused by any third party; or that access to
the Progressive Dimensions Web site will be free
from interruptions, errors, computer viruses, or
other harmful components. You understand that
Progressive Dimensions may (but has no obligation
in the absence of governmental regulatory
requirements) to change, withdraw, improve, or
otherwise modify its Web site content at any time
without any notice to you.
No Warranties
Web site content is provided by Progressive
Dimensions "as is" and without warranties of any
kind, either express or implied. TO THE EXTENT ANY
ACCESS OR USE OF THE Progressive Dimensions WEB
SITES CONSTITUTES A SALE OR EXCHANGE OF GOODS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
You agree that under no circumstances, including,
but not limited to, negligence, shall Progressive
Dimensions be liable for any direct or indirect,
special, incidental, or consequential damages. This
includes but is not limited to loss of data or
profit arising out of the use or the inability to
use the content of a Progressive Dimensions Web
site, even if a Progressive Dimensions
representative has been advised of the possibility
of your damages.
No Confidentiality And License
If you wish to provide your information to
Progressive Dimensions and you wish to retain an
interest or ownership in it, you must contact
Progressive Dimensions in writing and propose to
Progressive Dimensions a commercial transaction
pursuant to which you and Progressive Dimensions
agree in a written and signed agreement to an
exchange of information. If you transmit to or post
on the Progressive Dimensions Web site without any
prior written agreement with Progressive Dimensions
providing for such activity, any material, data,
information or idea, it will be treated as
non-confidential and non-proprietary and may be
disseminated or used by Progressive Dimensions for
any purpose. By sending Progressive Dimensions any
information or material, you grant Progressive
Dimensions an unrestricted, irrevocable license to
use, reproduce, display, perform, modify, transmit,
and distribute those materials and information. You
also agree that Progressive Dimensions is free to
use any ideas, concepts, know-how, or techniques
that you send to Progressive Dimensions for any
purpose without any obligation to you.
No Unlawful Or Unacceptable content Posting
You are not authorized to post on or transmit to any
Progressive Dimensions Web site any unlawful,
threatening, libelous, defamatory, obscene,
scandalous, inflammatory, pornographic, or profane
material, or any other content that could give rise
to any civil or criminal liability under the law. If
you do so, you agree to assume all claims, costs,
losses, expenses, damages, and liabilities caused by
such activity and indemnify and hold Progressive
Dimensions harmless from any liability or loss.
Hyperlinks
Progressive Dimensions may provide hyperlinks to
other Internet Web sites maintained by third parties
or may provide third party content on Progressive
Dimensions Web site. The content in any such linked
sites is not under Progressive Dimensions control
and Progressive Dimensions is not responsible for
the content of those sites, including any further
links in another site. If you decide to access any
of the third party sites linked to a Progressive
Dimensions Web site, you do so entirely at your own
risk. It is up to you to take precautions to ensure
that the third party you link to for your use is
free of computer viruses, worms, Trojan horses, and
other items of a destructive nature. By providing a
link, Terms of Use does not necessarily endorse a
third party or its Web site. Progressive Dimensions
reserves the right to terminate a link to a third
party web site at any time in its sole discretion.
Linked Internet Sites
If you wish to provide a link to a Progressive
Dimensions Web site, you may do so under the terms
and conditions of this or any future Progressive
Dimensions web access and use agreement, but: you
may not use or replicate Progressive Dimensions
content; you agree not to create a browser, border
environment or frame for Progressive Dimensions
content; you may not imply that Progressive
Dimensions is endorsing you or your products or
services; you may not misrepresent your relationship
with Progressive Dimensions Pride Railings; you may
not present false information about Progressive
Dimensions products or services; and your linked
Web site shall not contain content that could be
construed as distasteful, offensive or
controversial, and or contain content that is not
appropriate for all age, racial, religious, or other
groups protected by law. If you violate these
promises, you agree to be responsible for all
claims, costs, losses, expenses, damages, and
liabilities associated with such acts or omissions
and indemnify and hold Progressive Dimensions
harmless and you agree to remove any link to
Progressive Dimensions immediately upon the request
of Progressive Dimensions .
No Representations, Legal Compliance
Rosa Pen Corporation, makes no representation that
content or materials in a Progressive Dimensions
Web site are appropriate or available for use
outside the U.S.A. You agree to refrain from access
to content on a Progressive Dimensions Web site
from jurisdictions where such access is illegal or
prohibited. If you choose to access this site from
other jurisdictions, you do so on your own
initiative and are responsible for compliance with
applicable local laws and regulations. We are not
responsible for any law violations of law or
regulation by your access or use of any content on a
Progressive Dimensions Web site. You must become
familiar with U.S. laws and regulations on export of
technical information and you agree you will not use
or export content in a Progressive Dimensions Web
site in violation of U.S. export laws and
regulations. Any claims relating to Progressive
Dimensions Web site and its content and materials
shall be governed by the laws of the States of New
Jersey, New York and Pennsylvania, without giving
effect to any principles of conflicts of laws. You
agree that any legal action or preceding between us
for any purpose concerning this Agreement or the
parties - obligations shall be brought exclusively
in a federal or state court in the States of New
Jersey, New York and Pennsylvania.
Copyrights
Progressive Dimensions claims the copyright
interest in the compilation in all the Progressive
Dimensions Web site content, including without
limitation, the incorporated Progressive
Dimensions Natural Stone Experts Web Sites. The laws
of the United States of America and all other
signatories to the Progressive Dimensions web site
protect the copyright owner from infringement and
you represent that you have read, understand and
agree to The U.S. Copyright Act and such other
applicable laws and regulations of other countries
and you will not violate them in your access and use
of any Progressive Dimensions Web site and that you
will indemnify and hold Rosa Pen Corporation,
harmless. Copyright - Progressive Dimensions 2009
Privacy Policy
Manufacturers trademarks, copyright, logos are the
property of their respective Manufacturers and
Companies. Product Descriptions logos may be removed
at the written request of the respective Registers.
Privacy Policy
Your privacy on the Internet is important to
Progressive Dimensions As part of the operation of
Progressive Dimensions certain pieces of
information are gathered about Progressive
Dimensions members. Below are explanations regarding
the types of information collected, what is done
with it, and how to correct or change the
information. What information is collected as part
of the Progressive Dimensions member registration
process, the prospective member is asked to provide
an e-mail address and interest category selections.
The prospective member, at their option, may
voluntarily provide additional information,
including personal, geographic, and demographic
information. In addition to the information provided
by members, Progressive Dimensions may also collect
information about Progressive Dimensions members
from third party sources. Furthermore, Progressive
Dimensions net monitors incoming and outgoing Web
site traffic data to help diagnose problems with its
servers and to administer its Web site. Progressive
Dimensions also uses this data to assemble broad
demographic information about its members in
general. The purpose of this data collection is to
ensure that Progressive Dimensions customers
receive only the most relevant, targeted offers and
information from Progressive Dimensions .
Progressive Dimensions uses "contact us" forms as a
way for clients, potential clients, and members to
communicate with Progressive Dimensions Progressive
Dimensions collects the information supplied by the
sender of the "contact us" form in order to
establish and maintain relationships with clients,
potential clients, and members. Progressive
Dimensions also uses e-mail links located on various
pages of the Progressive Dimensions Web site to
allow you to contact Progressive Dimensions with
questions or comments you may have. Progressive
Dimensions welcomes these e-mail communications and
makes efforts to respond to these communications
where appropriate. E-mail communications and the
ideas sent to Progressive Dimensions in these e-mail
communications become the property of Progressive
Dimensions Progressive Dimensions uses the e-mail
communications to evaluate and improve its services
and Web site. Progressive Dimensions also may save
these e-mail communications for future reference or
use.
In an attempt to customize the Progressive
Dimensions service and provide members with the
information they may be most interested in,
Progressive Dimensions also conducts internal
research on our users' demographics, interests, and
behavior based upon information members provide
directly to Progressive Dimensions and information
that Progressive Dimensions may collect from third
party sources and/or through the use of "cookies"
(see below). Progressive Dimensions may combine or
otherwise overlay some or all of the foregoing
information to build profiles about Progressive
Dimensions members, which may be individual
specific or in aggregate form. By becoming a
Progressive Dimensions member, you consent to
Progressive Dimensions employing the foregoing
techniques in its continuing efforts to better serve
its members by providing them with the information
in which they may be most interested. Progressive
Dimensions does not use information about its
members for any purposes unrelated to the services
offered by Progressive Dimensions As discussed
above, Progressive Dimensions may, from time to
time, obtain information about its members from
third party sources. In addition, Progressive
Dimensions may, from time to time, assist third
parties in developing, implementing, and monitoring
advertising campaigns using data owned or supplied
by the third party. Please be aware that this
Privacy Policy does not cover the conduct or
practices of these third party sources. However,
Progressive Dimensions . will treat information
that it receives from third party sources according
to the terms of this Privacy Policy.
The Use of Cookies
As an important and necessary part of providing
customizable and personalized services to its
members, Progressive Dimensions uses cookies to
store and sometimes track information about members.
A cookie is a small amount of data that is sent to a
member's browser from a Web server and stored on a
member's computer hard drive. Areas of Progressive
Dimensions Web site where members are prompted to
login or that are customizable require acceptance of
cookies. Cookies are also used to help Progressive
Dimensions track the response to messages sent to
members on behalf of marketers so that Progressive
Dimensions can monitor and report campaign results
to the marketer and track response history. With
respect to cookies, you have a choice. By modifying
your browser preferences, you have the choice to
accept all cookies, to be notified when a cookie is
set, or to reject all cookies. If you choose to
reject all cookies, you will be unable to use those
Progressive Dimensions services that require the use
of cookies in order to participate.
Children's Online Privacy Protection
The safety of children is important to us.
Progressive Dimensions Web site is a general
audience site and is not directed to children under
the age of 18. Similarly, Progressive Dimensions
net's services are not directed to nor intended for
anyone under the age of 18. Progressive
Dimensions will not knowingly accept members who are
under the age of 18 years nor will it knowingly
collect or maintain personally identifiable
information from or about anyone under the age of 18
years. Accordingly, when registering to become a
Progressive Dimensions member, the new member must
certify that they are not under the age of 18.
Progressive Dimensions relies on the truthfulness of
this certification when accepting new members. In
the event that Progressive Dimensions receives
information that establishes that a member is under
the age of 18 years, Progressive Dimensions reserves
the right, which it will exercise, to terminate that
member's membership. Progressive Dimensions will
also delete all information in its databases about
that terminated member. If you believe Progressive
Dimensions has any information from or about anyone
under 18, please contact us at the following e-mail
Ed@pdtravertinepavers.com.
Confidentiality
Progressive Dimensions will not provide personally
identifiable information of a Progressive
Dimensions member to third parties except as noted
under "Limits of Confidentiality." Personally,
identifiable information means the member's name,
residence address, e-mail address, Social Security
number, or other information from which the member's
identity may be reasonably ascertained. Progressive
Dimensions uses proprietary technologies to
preserve the anonymity of members while matching the
member's interests with targeted information sent
via e-mail.
Progressive Dimensions will under no circumstance
knowingly reveal any member's identity to marketers.
It is solely at a Progressive Dimensions member's
discretion if he or she chooses to provide
personally identifiable information to a marketer by
making a purchase, requesting additional
information, or communicating directly with the
company or organization after visiting its Web site
or otherwise.
Limits of Confidentiality
As part of its day-to-day business activities,
Progressive Dimensions must disclose certain
aggregate level information about Progressive
Dimensions members to certain third parties;
principally, (1) Progressive Dimensions ' Network
Partners, and (2) Marketers who use Progressive
Dimensions network. Below is the information and
circumstances under which Progressive Dimensions may
be required to disclose information to third
parties.
(1) Network Partners: When a Progressive Dimensions
member registers through the Web site of a Network
Partner, Progressive Dimensions is obligated to
disclose to that particular Network Partner the
information submitted by the Progressive
Dimensions member during the registration process.
In addition to the foregoing information,
Progressive Dimensions may also disclose aggregate
level information to the Network Partner about
Progressive Dimensions members who registered
through that particular Network Partner's site. Such
aggregate information may include, for example, the
number of individuals who registered through the
Network Partner's site; the turnover rate of
Progressive Dimensions members who have registered
through the Network Partner's site; with respect to
any particular campaign, the response rates of the
Progressive Dimensions members who registered
through the Network Partner's site; and statistics
on the interest categories selected by the
Progressive Dimensions members who have registered
through the Network Partner's site. Subject to the
exceptions discussed below, Progressive Dimensions
will not knowingly disclose any personally
identifiable information about a Progressive
Dimensions member to a Network Partner unless such
personally identifiable information was provided
during the registration process through the Network
Partner's Web site.
(2) Marketers: Progressive Dimensions will disclose
aggregate level information about Progressive
Dimensions members to marketers as reasonably
necessary to explain the services that Progressive
Dimensions can offer, to report on the advertising
campaigns that Progressive Dimensions undertakes for
any particular marketer, and/or to implement and
explain campaign strategies. Subject to the
exceptions discussed below, Progressive Dimensions
will not knowingly disclose any personally
identifiable information about a Progressive
Dimensions member to a marketer. Due to the
existing legal, regulatory and security environment,
Progressive Dimensions may be required, under
certain circumstances, to disclose aggregate level
and/or personally identifiable information about its
members. Progressive Dimensions will use its best
efforts to limit such disclosure to the following:
where Progressive Dimensions believes in good faith
that it is required to do so in response to a
subpoena or other legal process; where reasonably
required to do so in order to maintain, update or
otherwise implement Progressive Dimensions data
security measures, equipment, technical operations
and the like; or where reasonably necessary to
identify, contact or bring legal action against
persons or entities to preserve and/or enforce
Progressive Dimensions rights.
Use of Information
Progressive Dimensions uses member information to
deliver the Progressive Dimensions services. Thus,
member information is used by Progressive
Dimensions in identifying information that may be of
interest to its members. A member's e-mail address
will be used by Progressive Dimensions to contact
that member about member-selected interests.
Progressive Dimensions also uses member information
to monitor, interpret, analyze, and report campaign
results. Progressive Dimensions does not use member
information for purposes unrelated to the services
offered by Progressive Dimensions .
Protection of Member Information
Progressive Dimensions undertakes substantial
efforts to protect the confidentiality of the
identity, preferences and other information it has
collected about individual members and will never
knowingly allow access to this information to anyone
outside Progressive Dimensions other than to the
member or as described above under the heading
Limits of Confidentiality.
Progressive Dimensions has made a substantial
investment in its server, database, backup, and
firewall technologies to protect the information
assets of the Progressive Dimensions including the
confidentiality of information collected about
Progressive Dimensions members. These technologies
are deployed as part of a sophisticated security
architecture and protocol. You should also do your
part in protecting your information. Your
Progressive Dimensions user name and password are
confidential and we recommend that you not divulge
them to anyone. Unfortunately, neither Progressive
Dimensions network nor data transmission over the
Internet can be guaranteed to be 100 percent secure.
As a result, while we strive to protect member
information, Progressive Dimensions cannot ensure or
warrant the security of member information. Thus,
any information a member transmits to us is done so
at the member's own risk. Once we receive member
information, Progressive Dimensions undertakes
substantial efforts to protect the confidentiality
of this information consistent with this Policy.
Policy Changes
The foregoing policy is effective as of July 2009.
Progressive Dimensions reserves the right to change
this policy at any time. Please check this page
periodically for changes. Your continued use of
Progressive Dimensions services following the
posting of changes to these terms will mean you
accept those changes. Progressive Dimensions will
take reasonable measures to notify you if there is a
material change in our privacy practices with
respect to use of the information you have provided
to
info@pdtravertinepavers.com.
Progressive Dimensions will conspicuously post
these changes in our Privacy Policy. Also will post
a message on the home page of its Web site that
states that the Privacy Policy has been changed, and
will provide a link to the Privacy Policy. These
postings will occur on Progressive Dimensions Web
site at least 60 days prior to any material change.
For more information, see our Terms and Conditions
of service. If you have any questions about this
privacy statement, Progressive Dimensions
practices, or feel that your privacy has been
compromised.
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