1.1. ProBusiness S.r.l and its subsidiaries (“PROBUSINESS”) operate and maintain this Internet site (the "Site") for informational and communication purposes.
1.2. Among other things, this Site provides news and general information, including, but not limited to, oil and gas industry and information concerning various PROBUSINESS products and services. PROBUSINESS is a leading supplier of products and services for the world’s energy industry and other industrial applications.
The access to and use of by any visitor of the Site (the "User" or "Users") is subject to the following Terms of Use (the "Terms"), as well as to any modifications issued by PROBUSINESS to these Terms as provided herein below. By using this Site, you agree and will be deemed to be bound by these Terms. If you do not wish to be bound by these Terms, please do not use this Site.
3.1. PROBUSINESS shall have the right at any time and without prior notice to revise the terms and provisions of these Terms or to impose new terms and conditions with respect to access to, or use of, this Site. Such revisions and additions shall be effective immediately upon notice thereof, which notice may be given by any means including, but not limited to, posting the revised or additional terms and conditions on the Site. Any access or use of this Site by you after notice of revisions or additions to these Terms shall constitute and be deemed to be your agreement to such revisions or additions.
3.2. PROBUSINESS also shall have the right to terminate this Site or any products or services described in the Site, or any individual's right to access or use any portion of or product or service offered through the Site, at any time and without prior notice to the Users.
The information and materials posted on this Site may contain errors, omissions, or typographical errors or may be out of date. PROBUSINESS may change, delete, or update any posted information or materials at any time and without prior notice to the Users. The information and materials posted on this Site are provided for informational purposes only and are not binding on PROBUSINESS in any way. Moreover, the information posted by any person in the Site does not necessarily reflect the opinion of PROBUSINESS. In no event shall PROBUSINESS be responsible for news, information and for data posted in the Site by third parties.
PROBUSINESS reserves the right to, in its sole discretion, refuse access to any User for any reason or for no reason whatsoever.
Each User is responsible for providing and operating properly all equipment necessary to access the Internet and the Site. Access to the Site requires use of [Microsoft Explorer 4.0 or higher or Netscape Navigator 4.0 or higher].
Users shall not tamper in any way with the software or functionality of the Site. Without limiting the foregoing, User shall not put any material into the Site which contains any computer programming routines (including but not limited to viruses, time bombs, trojan horses, worms, cancelbots) or other device that may damage, interfere with or intercept any system, data or information.
8.1. Each User herein acknowledges that the software used in the Site, configurations, displays, screens, and all information, content appearing on or displayed in connection with or contained by PROBUSINESS on this Web site -- PROBUSINESS's domain name, the PROBUSINESS logo, and trade name PROBUSINESS S.r.l(collectively, "PROBUSINESS Proprietary Properties") -- are covered by various intellectual property right protections, including domestic and international copyright, trademark, and trade secrecy law. PROBUSINESS reserve all rights with regard to PROBUSINESS Proprietary Properties and intend to vigorously defend PROBUSINESS Proprietary Properties, including seeking injunctive relief, damages, and legal costs.
8.2. To the maximum extent permitted by applicable law, User agrees that it will not directly or indirectly copy or reproduce all or any part of the PROBUSINESS Proprietary Properties, whether electronically, mechanically, or otherwise, in any form including, but not limited to, the copying of presentation style, content, or content organization, without the prior written permission from PROBUSINESS; provided, however, that the User may make copies of Web pages in its internal computer system as part of accessing our Web site and for its own internal use, but not make copies or otherwise distribute, publish, reproduce, or retransmit any information, or otherwise commercially exploit any information, in transactions with third parties. In addition, other trademarks and/or intellectual property rights appearing through the use of the Site and information specifically related to certain companies may also be subject to the rights of other parties. User agrees to respect, and not in any way to violate, such third party rights.
8.3. Provision of Data. If an User provides any data to PROBUSINESS, whether by using this Site or otherwise, then User warrants that such data is accurate and current, that he or she is authorized to provide such data to PROBUSINESS and authorize the use thereof, and that the data does not infringe any third parties intellectual property rights.
Links to other Internet sites operated by third parties, including PROBUSINESS's corporate partners, do not constitute sponsorship, endorsement, or approval by PROBUSINESS of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by PROBUSINESS, and PROBUSINESS is not responsible for the availability, content, policies, or practices of linked sites. Links to other sites are provided for your convenience only, and you access them at your own risk.
PROBUSINESS makes no warranties or representations whatsoever concerning this Site or any linked site or its content, including the quality of the products and services described in the Site, the availability of any site or the information and materials on it or the accuracy, completeness, or timeliness of that information and materials. PROBUSINESS also does not warrant or represent that your access to or use of any site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that the site is free of computer viruses or other harmful components. Without limiting the foregoing, everything on this site is provided to you "as is" without warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. The representations and warranties relating to the products sold by PROBUSINESS shall be governed by the terms of the agreements entered into by PROBUSINESS with their customers.
Under no circumstances will PROBUSINESS be liable to you or any other person for any direct, indirect, consequential, incidental, special, or punitive damages, whether in contract or in tort, including negligence, arising in any way out of access to or use of or inability to access or use the site or any linked site or its contents or termination of this site or denial of access to the site, including but not limited to lost profits, business interruption, or loss of programs or other data on computer systems or otherwise, even if PROBUSINESS is expressly advised of the possibility of such damages.
Except as otherwise provided within this Site, any communication or material you transmit to this Site by electronic mail or otherwise, including any questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by PROBUSINESS, its affiliates and business partners for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, such persons are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication.
13.1. General Provision Except as otherwise provided within this Site, any communication or material you transmit to this Site by electronic means or otherwise, including any questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by PROBUSINESS and its affiliates and business partners for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, such persons are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication. With Member registration to the Site, PROBUSINESS automatically captures the IP address and host name (if available) of the Member's originating server. The IP address identifies the computer a Member is working on, but does not reveal any personal information about the Member. This information helps PROBUSINESS to diagnose problems with its server. It also allows PROBUSINESS to direct improvements for the Site by gathering broad, non-attributed demographic information about general patterns of Member use of the Site.
13.2. Privacy Policy for Confidential Information. All confidential information of Members is held by PROBUSINESS in confidence with complete integrity for security and privacy to the fullest extent provided in these Terms. Accordingly, the Company pledges that no information specifically identified to Members will be sold, traded, or shared with any third party, including advertisers, organizations, or other Members, with the following exceptions: - Information that the terms of an administrative order, court order, or subpoena requires the Company to disclose, that the Company in good faith determine is legally required to be revealed, or that law enforcement authorities request the Company to disclose in connection with their investigations; - Information revealed during the course of PROBUSINESS's enforcement of these Terms; and - Information that PROBUSINESS in good faith determines must be disclosed to correct what PROBUSINESS believes to be false or misleading information. PROBUSINESS will publish information about activity on the Site using aggregated information that does not include the identities of Members involved. The Site has security measures in place to protect the loss, misuse, and alteration of the information under PROBUSINESS's control. These include firewall protection, password encryption, and restricted Server access. Such measures may not prevent loss, misuse or alteration of information in all cases.
These Terms shall be governed and construed in accordance with the Unidroit Principles of International Commercial Contracts, 1994, published by the International Institute for the Unification of Private Law (Unidroit), Rome, Italy.