USER AGREEMENT: TERMS AND CONDITIONS

The use of this site is governed by this User Agreement (“Agreement”), including the general disclaimers and privacy policy, set forth below. Please read it carefully. By accessing or using this website, you agree to these Terms and Conditions.

Productivity, Inc. (“Productivity” may, in its sole discretion, update this Agreement at any time, by posting additional or amended Terms on the Website. The revised or amended Agreement shall be effective upon posting. Any access to or use of the Website following such update is an agreement to such updated Terms. Visitors and Parties are therefore encouraged to refer back to this page regularly. This Agreement may not be otherwise amended without the written consent of Productivity.

GENERAL DISCLAIMERS

Content

Productivity cannot guarantee or warrant that the information on this website is accurate, complete, or up-to-date.

Use of Website and Website Information

Productivity makes every effort to ensure, but cannot and does not guarantee, and makes no warranties as to, the accuracy, accessibility, integrity and timeliness of information regarding products and services presented here. Productivity assumes no liability or responsibility for any errors or omissions in the content of this site and further disclaims any liability of any nature for any loss howsoever caused in connection with using this website. Productivity may make changes to content at any time without notice.

Hyperlinks to other websites are provided as a convenience only, and imply neither responsibility for, nor approval of, the information contained in those other web sites on the part of Productivity. Productivity makes no warranty, either express or implied, as to the accuracy, availability, reliability or content of such information, text, graphics and hyperlinks possessed by linked websites. Productivity has not tested any software located on other sites and does not make any representations as to the quality, safety, reliability or suitability of such software.

While Productivity makes every effort to ensure that any software available to be downloaded from Productivity’s website is free of any software virus, it cannot guarantee that the material is free from any or all software viruses. Productivity is not responsible for any loss or damage howsoever caused by the software and related codes, including viruses and worms.

PRIVACY POLICY: INFORMATION COLLECTION AND USE

General

Visitors and Parties understand and agree that Productivity may collect, maintain, and process information provided by them to Productivity.

Public Areas of the Website

Visitors and Parties may visit the public areas of the website without disclosing any personal information about themselves. However, Visitors will have the opportunity to request or receive information from Productivity by establishment of an online account in which case an e-mail or other address or contact information may be required in order to allow Productivity to comply with the request, and for other purposes as may be disclosed at the time the request is made.

Contact Information

In order to utilize the online systems offered by Productivity, Productivity may require Parties to provide, among other things, contact information such as user ID, password, name, title, department, business address, business telephone number, business e-mail address and other contact information. Productivity may also use contact information to communicate with Parties regarding orders, changes in website functionality and/or other Productivity services, features, billing, help desk and other activities relating to the operation of the website, procedures, or services. Productivity may disclose the contact information of a Party to administrators, arbitrators and/or other Parties who are designated by such Party (through such Party's use of the website or otherwise) to be provided access to such information. Productivity may also use contact information to send Parties information about products or services available on or through website and offers made available by Productivity’s partners, which may be sent by Productivity or the Productivity partner making the offer.

Usage Data

Productivity may record and collect information about how Visitors and Parties use the Website. This data may include a Visitor's or Party's domain name, language, type of browser and operating system, Internet Service Provider, Internet protocol (IP) address, the Web site from which they arrived at the Website, the amount of time spent on the Website and the ways in which they use the Website (collectively, "Usage Data"). Productivity may monitor and use Usage Data in aggregated form to measure the Website's and other Productivity’s services' performance and activity and improve the Website's design and functionality. Productivity may also use Usage Data in aggregated form to develop and distribute to third parties statistical and other information about how the Website and Productivity services are used and for other marketing purposes. Productivity may also disclose aggregate Usage Data to other Visitors and Parties. Productivity may also use Usage Data in unaggregated form to investigate and prosecute security violations or to identify the particular Visitor or Party who engaged in particular transactions.

Cookies

“Cookies” are pieces of information that are placed on a User's computer hard drive to enable the individual to more easily communicate and interact with the Website. Productivity may use cookies to customize your experience on the Website. Productivity may also use cookies to record how many times a user has visited our Website and what pages the user has accessed. You may, however, disallow receiving cookies at any time through Your web browser, although this may affect the usability of the Website. It is not our intention to use cookies to retrieve information that is unrelated to our Website or your interaction with our Website.

Peer Groups

Productivity may make available certain public and/or private forums such as bulletin boards, e-mail lists and chat rooms (collectively, "Peer Groups") on the Website. Any and all information posted on or through a Peer Group will be generally accessible for viewing by others. Accordingly, participants are encouraged to exercise discretion when using Peer Groups.

Opt-Out Choices

To "opt-out" of (1) receiving communications from Productivity (except for communications necessary for the operation of the Website or Productivity services, or as otherwise permitted under this agreement) (2) having contact information disclosed to third parties (except as necessary for Productivity to operate the Website and Productivity services, or as otherwise permitted under this agreement or (3) any other consent previously granted for a specific purpose concerning Your personal information, send an e-mail to the webmaster.

Review/Change Contact Information

Requests to review or change Contact Information previously provided on or through the Website may be made to Productivity by sending an e-mail to the Productivity webmaster.

Linked Sites

Productivity may provide links to third parties' Web sites ("Linked Sites") from the Website. Linked Sites are not necessarily reviewed, controlled or examined by Productivity in any way and Productivity is not responsible for the privacy policies and practices of any such Linked Sites, or any additional links contained therein. These links do not imply Productivity's endorsement of or association with the Linked Sites.

Disclosure Pursuant To Law

Productivity may make information concerning Visitors, Parties, the Website, and the uses thereof, available to law enforcement personnel and agencies as required by law or in order to enforce the Use Agreement, and may disclose such information if required by law or a judicial or governmental order or subpoena. Where permitted by law, Productivity may also disclose such information to law enforcement personnel and agencies, or use such information as part of legal process, in order to protect its property or in furtherance of an investigation regarding a breach of Productivity's rules and policies or any unauthorized access to or use of the Website, or any illegal activities concerning a particular Visitor or Party.

Consent To Processing

By using or providing information to the Website or Productivity, Visitors and Parties understand and consent to the collection, processing and use of such information in the United States and other countries and territories.

Service Providers

Productivity may utilize third parties to provide or perform certain services and functions on the Website and services described on the website. For example, Productivity may use a Web site tracking evaluation firm to analyze Visitor and Party's use of the Website, and Productivity may use third party suppliers to provide certain functionality and services provided Productivity. Productivity will make information concerning Visitors and Parties and their use of the Website and Productivity services available to these service providers and business partners, as necessary, to perform these functions and services. The service providers may be located throughout the world; therefore information relating to Visitors and Parties may be sent worldwide to countries which have a different level of privacy protection to the U.S. or a Visitor's or Party's country of residence.

Transfer of Information

In the event of a sale, merger, consolidation, reorganization, liquidation, dissolution, change of control or sale or transfer of the substantial assets of Productivity, information collected via or stored on the Website or with Productivity may be sold, assigned or transferred to a party acquiring all or substantially all of the equity and/or assets of Productivity related to the Website. Productivity may also transfer such information to its subsidiaries and affiliates involved in the operation of the Website or Productivity.

Security

Productivity takes seriously the security of your personal information. Productivity has therefore implemented technology and security policies and procedures intended to reduce the risk of accidental destruction or loss, or the unauthorized disclosure or access to, such information, reasonably appropriate to the level of the data concerned. However, due to the open communication nature of the Internet, we cannot guarantee that communications between you and the Website, and the Website and you, or data stored on Productivity's systems, will be free from unauthorized access by third parties.

ARBITRATION

By accessing this web site and using the information therein available and/or by using or purchasing any products or services made available through this site, you agree with Productivity, website operators, Productivity service providers, affiliates, parents, subsidiaries and any content provider or offeror of goods or services on this site or through any other associated activity, that any claim or dispute you may have against or with any of these persons or entities, whether related to the described transactions or otherwise, including the enforceability of this arbitration agreement, will be resolved by binding arbitration under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed, except the parties shall mutually select the arbitrator who shall administer and conduct the arbitration. The Code is available at www.arbitration-forum.com or can be obtained by calling 1-800-753-9448. This arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. Sections 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. Sections 201-208 or as codified in the jurisdiction where enforcement of the award is sought). Hearings shall be held as provided by the Code.

CONTACT, QUESTIONS, COMMENTS, COMPLAINTS

If You would like to communicate with Productivity regarding this User Agreement, privacy issues or have questions, comments or complaints about this Policy, call (763)476-8600.