Terms of Use

The system is offered by ProValens, Inc., (referred to as “we,” “us,” “our,” “ProValens, Inc.”, or similar terms). “You” means you, the person using the System by registering and creating an account, as well as any person who has rights through you or any person or entity on whose behalf you are using the System. We reserve the right to change, modify, and update these Terms at any time and you agree to be bound by those changes, modifications and updates. If you violate any of the Terms, your authorization to use our System will terminate automatically, and you may be liable for additional damages. Any rights not expressly granted to you are reserved to ProValens, Inc.  This System is intended for General Educational Purposes.  The Content is not medical advice or any other type of advice from a knowledgeable or licensed professional. While we hope people viewing the Content find the Content useful and informative, we encourage all users to seek professional advice.

Rules for Using and/or Posting Your Resources to the System

You agree that in your use of the System

  • You will not post, upload, transmit or link to (collectively, “Post”) any material that violates any law or regulation.
  • You will not Post any material, website links or other information or content that is defamatory, false, obscene, vulgar, offensive, violent, abusive, threatening, harassing, discriminatory, or an expression of political or hate speech.
  • You will only Post materials (including photos, audio or video) for which you do not own the copyright, or that are not in the public domain. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights.
  • You are responsible for all Postings or other activity performed using your username and password.
  • You will not Post any software or other material, which contains a virus or other harmful code or device. You will not take any action designed to interfere with or disrupt the operation of the System.
  • If you choose to Post items, such material, information, photographs and other information you post in these public or group areas is available to the other individuals using the System and we do not warrant, guarantee or otherwise take steps to prevent other users from displaying your material. Always use caution in posting information, as these postings will be deemed public and non-confidential.
  • You will not impersonate any other person or use a false identity.
  • You will not attempt to access any account or information of any person other than yourself.
  • You will not Post personal or private information.

We May Use Your Postings

All information, photos, videos, chat, or other information Posted by you on the System is referred to as “Your Materials”. You continue to own the rights to Your Materials. However, when you Post Your Materials, you give us a non-exclusive, transferable, sub-licensable, royalty-free, license to use, host, store, reproduce, communicate, publish, publicly display and distribute Your Materials. This license terminates if you stop using the System. The System provides you with an opportunity to modify, remove or delete some, or all, of Your Materials. For the sake of clarity, you will not receive any compensation, fee or royalty of any kind for the use of Your Materials as permitted by the license above.

Links to Other Websites

ProValens, Inc. provides links to Your Materials on other websites only through the ProValens Resource Portal and only to organizations that have registered to receive a Portal and agree to these Terms of Use.

ProValens, Inc. Disclaims Liability

Because information changes rapidly, ProValens, Inc. does not warrant the accuracy of any Content posted by you. While we strive to present timely and accurate information, we make no representation that the Content is free of errors or omissions that may be considered material. ProValens, Inc. does not warrant the completeness or correctness, timeliness, or usefulness of any opinions, advice, services, merchandise or other materials provided through the System. ProValens, Inc. is not liable for any decision made or action taken or omission made in reliance upon the Content.

The System permits authorized users to post images or other content.  ProValens does not endorse or warrant any such user-postings and has no liability for any such user postings. We may, but are under no obligation to, monitor such user postings, and we may remove any user postings for any reason, at our discretion. All Content is provided on an “as is” and “as-available” basis without warranty of any kind, express or implied, including, without limitation, warranties of title or non-infringement or the implied warranties of merchantability or fitness for a particular purpose. ProValens, Inc. does not warrant that the use of this Site will be uninterrupted and cannot guarantee that this Site is free from viruses or other contaminants that may damage your computer or its data. ProValens, Inc. may discontinue or modify all or a portion of this Site at any time without notice.

Remedies and Limitation of Liability

You agree to defend, indemnify, and hold harmless ProValens, Inc., our vendors and other registered organizations, and all of their subsidiaries, affiliates, officers, directors, employees, and agents (collectively, the “Website-related Parties”) from any claim, demand, or damage, including reasonable attorney fees, arising out of or related to your breach of these Terms or your use or misuse of the Content or Website.

Copyright Notice

© 2017 ProValens, Inc. All Rights Reserved. The entire contents and design of the Site are protected by U.S. and international copyright and other law. All rights regarding the Website and the Content are either owned by ProValens, Inc., are licensed to it, or are used with permission. ProValens, Inc. and its licensors retain and reserve all proprietary rights to the Content and the Website. You may not copy, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from ProValens, Inc. You may link to, view, download, use, display and print a single copy of the Content only for personal, noncommercial and informational purposes as long as: (1) you do not alter or modify the Content in any way; (2) you include all applicable copyright, trademark and other notices and disclaimers. All such copies must include, at a minimum, the following copyright notice: “© 2017 ProValens, Inc., All Rights Reserved.”  Any other use of the Website or Content is strictly prohibited.

YOU AGREE THAT NONE OF THE WEBSITE-RELATED PARTIES SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL, CUMULATIVE, LIABILITY OF THE WEBSITE-RELATED PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED THE AMOUNT YOU PAID TO PROVALENS, INC. SPECIFICALLY FOR THE USE OF THE WEBSITE. THIS LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME JURISDICTIONS. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEBSITE OR CONTENT ARE EXCLUDED EVEN IF THE WEBSITE-RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR THE CONTENT, YOUR SOLE AND EXCLU-SIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.  IF YOU PURCHASE AN ITEM FROM A THIRD PARTY THROUGH OR LINKED TO THIS SITE, YOU AGREE THAT FOR ANY DEFECT OR ISSUE WITH SUCH ITEM, YOU WILL SEEK A REMEDY SOLELY AND EXCLUSIVELY FROM SUCH THIRD PARTY, AND NOT FROM PROVALENS, INC.

We May Terminate or Suspend Your Access

ProValens, Inc. may terminate the above license, at any time for any reason. We may also terminate or suspend your account and ability to access ProValens, Inc. at any time for any reason or no reason. If you breach any of these Terms your license terminates immediately and automatically and without notice. Upon the termination of this license you must stop using this Site, including all Content, and return or destroy all copies, including electronic copies, of the content in your possession or control.

We May Change the Site

ProValens, Inc. also reserves the right, at any time, at our own discretion to: (1) change, add or remove portions of these Terms; (2) change or discontinue the Site in whole or in part, including eliminating or discontinuing any Content on or feature of the Site; (3) change any prices or fees appearing on or associated with the Site or for any products or services offered for sale or otherwise available on the Site; (4) refuse or cancel any order, at our sole discretion, for any reason, including but not limited to pricing changes or pricing errors (an order is not “accepted” by us until it is shipped or fulfilled); (5) terminate or restrict any user or account or user for any reason, at our sole discretion.

Copyright Infringement – DMCA Notice

The Digital Millennium Copyright Act (the “DMCA”) provides remedies for copyright holders who believe in good faith that material appearing on the Internet infringes their rights under copyright law. If you believe in good faith that Content or material on this Site infringes a valid copyright owned by you, you (or your agent) may send ProValens, Inc. a notice requesting that the material be removed, or access to it blocked.

The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith  that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you   to send us a counter notice. Notices and counter notices must meet the then current statutory requirements imposed by the DMCA. Notices and counter notices with respect to the Website should be sent to the address above.

Trademark Notice

Trademarks, names and logos, and all related product and service names, design marks and slogans appearing on the Website are the trademarks or service marks of ProValens, Inc., our vendors or customers. All rights are reserved. You are not authorized to use any such trademark in any advertisement, publicity or in any other commercial manner without prior written consent of ProValens, Inc. or the applicable trademark owner.

Jurisdiction and Venue

This site is not targeted to users in any particular locality, it is a service provided by ProValens, Inc. Use of this Website is prohibited in any jurisdiction having laws that would void these Terms in whole or essential part or which makes accessing the Website illegal. The essential parts of this Agreement include, without limitation, the exclusive venue and exclusive remedy provisions, warranty disclaimers, and limitation of liability.

This Agreement is entered into and performed in the State of Minnesota, USA.  It is governed by and shall be construed under the laws of Minnesota, exclusive of any choice of law or conflict of laws provisions. In any claim or action directly or indirectly arising under this Agreement or related to the Website, ProValens, Inc. and you irrevocably submits to the personal jurisdiction of the Minnesota State District Court sitting in Hennepin County, Minnesota or of the U.S. Court for the District of Minnesota, and agrees to bring any claim related to the Website in such courts. Each party waives any jurisdictional, venue or inconvenient forum objections to these courts.

Your Password

As part of the registration and account creation process for this Website you will be asked to select a User Name and Password. You are responsible for keeping this information confidential, and you agree that you are responsible for any actions taken by any person to whom you have provided your User Name and Password.

Privacy and Security

We understand that you may provide to ProValens, Inc. through this Website, some information about yourself that you consider confidential. You may also provide certain financial information, such as credit card information, in the course of purchasing an item. You agree to our collection, use and sharing of information as described in our Privacy Policy. You specifically agree that we may contact you through any contact information provided by you, including email, text, fax, social media account, telephone, mail, or any other method, and that any such method constitutes full and sufficient written notice to you under all laws and regulations. While we take certain measures designed to protect the confidentiality of your information, due to the nature of the Internet we cannot, and do not, guarantee that all information will remain secure. Under certain circumstances, it is possible that third parties may be able to intrude on the server and view your information. By submitting information to ProValens, Inc. you agree that you are aware of these risks. If you do not wish to submit your information electronically, do not do so. However, in such case you may not be able to make use of the full functionality of this Website. You agree that ProValens, Inc. is not responsible for any consequence of illegal or unauthorized acts by third parties, including but not limited to hacking or similar crimes.

General Rules

You may not assign any rights or obligations under these Terms. ProValens, Inc. may assign all or part of these Terms. You agree that any use of this Site that is not explicitly authorized is a breach of contract, unauthorized access of a protected computer, and violation of ProValens, Inc.’s intellectual property rights including copyright rights, in addition to any and all other claims ProValens, Inc. may have against you. Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this Site, you agree to inform ProValens, Inc. in writing and to give ProValens, Inc. thirty (30) days to cure the harm before initiating any legal action. You must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action. All sections of these Terms which, by their nature are designed to survive expiration or termination of this Agreement, shall survive, including but not limited to: Remedies and Limitation of Liability, Jurisdiction and Venue, and General Rules. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. If any of the provisions of these Terms are held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of these Terms to retain its full force and effect. These Terms constitute the entire agreement between you and ProValens, Inc. applicable to this subject matter.

If you enter into any other agreement with us, for example by entering a contest or purchasing products online, then the terms applicable to those programs or activities are in addition to these Terms.

Contact Us

You may contact ProValens, Inc. at info@provalens.com or at: 1635 Hennepin Ave, Suite 200, Minneapolis, MN 55403.

Effective Date

The Effective Date of these Terms is the date of contract.