Probys Terms of Use Welcome to the Probys Web site (the "Site"). By using the Site, you agree to follow and be bound by the following terms and conditions concerning your use of the Site ("Terms of Use") and our Privacy Policy. Probys may revise these Terms of Use and the Privacy Policy at any time without notice to you. Probys, Inc. is a wholly owned subsidiary of American Cybersystems, Inc. All references contained herein to Probys and Probys, Inc. also apply to American Cybersystems, Inc. and all other subsidiaries of that entity. Areas of the Site may have different terms of use posted. If there is a conflict between these Terms of Use and terms of use posted for a specific area of the Site, the latter will have precedence with respect to your use of that area of the Site. 1. Use of Web Site Information
You may download, view, copy and print documents and graphics incorporated in these documents (the "Documents") from the Site subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this web site in whole or in part without the express written authorization of Probys. 2. Linking Guidelines.
If you want to link your Web site to the Site, you may do so, provided you comply with the following guidelines and all applicable laws. A site that links to the Site:
- Should not create a browser or border environment around Site content;
- Should not imply that Probys is endorsing it or its products;
- Should not misrepresent its relationship with Probys;
- Should not present false information about Probys products or services;
- Should not use the Probys logo or any Probys trademark without permission from Probys;
- Should not contain content that could be construed as distasteful, offensive or controversial; and
- Should contain only content that is appropriate for all age groups.
3. Information Collected.
Identifying information provided to Probys through the Site is provided voluntarily by you. Personal information provided to request a publication, such as a white paper or case study, is used to send the publication to you. Such information may be retained to provide updates, or to track interest in an area on the Site. Your information may also be used to follow up on your interest for business-related purposes, which may include informing you of Probys products or services that may be of interest, or otherwise in connection with business development. You may opt-out of receiving communications from Probys at the point where we request personally identifiable information about you. 4. Applying for a Position
When you submit your resume to Probys through the "Careers" portal on the Site, it will be routed to the appropriate Probys representative. By providing Probys with a copy of your resume, you explicitly and unambiguously consent to the processing of your resume by Probys, its officers, directors, employees and agents, and Probys may contact you about the specific posting to which you responded, or for other positions, even though you may not have directly submitted your resume for those positions. We thank all applicants for their interest, however, Probys will contact only those candidates who meet our current search criteria and are selected for interview. Resumes are retained or disposed of by Probys at its discretion. If you prefer to mail your resume, please send it to:
Probys, Inc.
One Hawthorn Place
175 East Hawthorn Parkway Suite 405
Vernon Hills, Illinois 6006
Once you have submitted a resume through the Careers portal, you will receive an acknowledgment that your resume has been successfully received. If you mail or fax your resume in response to a job posting, receipt of your resume may not be acknowledged. Probys is an equal opportunity employer. Qualified individuals are considered for employment and employees are treated during employment without regard to any legally protected status, including race, color, religion, sex, age, national origin and disability. Any complaints of discrimination are investigated thoroughly and in a confidential manner. 5. Public Communication
You agree not to upload, email, post, publish or otherwise transmit through the Site any content that: (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another's privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another's rights, including but not limited to intellectual property rights; (f) constitutes unsolicited bulk e-mail, "junk mail," "spam" or chain letters; or (g) violates any applicable laws or regulations.By uploading, emailing, posting, publishing or otherwise transmitting content to the Site or submitting any content to Probys, you automatically grant (or warrant the owner of such rights has expressly granted) Probys a worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content on in any form, medium or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived. 6. Termination of Use
You agree that Probys may, in its sole discretion, at any time terminate your access to the Site. Access to the Site may be monitored by Probys. 7. Third Party Web Sites, Content, Products and Services
The Site may provide links to other web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site. You agree that Probys is not responsible for the availability of, and content provided on, third party web sites. You should refer to the policies posted by other web sites regarding privacy and other topics before you use them. You agree that Probys is not responsible for third party content accessible through the Site or posted to the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Probys is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Probys is not responsible for any loss or damage of any sort you may incur from dealing with any third party. 8. Disclaimer
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Probys EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Probys MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. Probys SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE. Probys RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE. 9. Limitation of Liability
IN NO EVENT SHALL Probys BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 10. Indemnity
You agree to defend, indemnify and hold harmless Probys, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site. 11. Privacy Policy
Probys is concerned about your privacy and has developed a policy to address privacy concerns. You can find the current privacy policy at http://www.Probys.com 12. Note About Minors
Minors are not eligible to use the Site, and we ask that they do not submit any personal information to us. 13. Applicable Laws
All matters relating to your access to, and use of, the Site shall be governed by U.S. federal law or the laws of the State of Michigan. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a federal court in Oakland County, or a state court in Oakland County, Michigan. You and Probys agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. 14. Copyright/Trademark Information
Copyright© 2010, Probys, Inc. All rights reserved.
Probys® are registered trademarks of Probys, Inc. Other names appearing on the Site may be trademarks of their respective owners. 15. Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to the Designated Agent indicated below, and must include substantially all of the following: - A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of an exclusive right that is allegedly infringed;
- Specific identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a list of each copyrighted work claimed to have been infringed;
- Information related to the work(s) reasonably sufficient for Probys to promptly locate the work (e.g. title of work, location within the Site etc.);
- Information reasonably sufficient to permit Probys to directly contact the complaining party;
- A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement requesting that Probys take a specific act with respect to the alleged infringement (e.g., removal, access restricted or disabled); and
- 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.
Probys, Inc. and its affiliates' Designated Agent for notice of claims of copyright infringement related to the Site is as follows: Email Address:
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Probys, Inc.
One Hawthorn Place
175 East Hawthorn Parkway Suite 405
Vernon Hills, Illinois 6006
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