Terms of Use

Date of Last Revision: June 8th, 2018

[Protech Electronic] (“Protech", "we" or "us") provides this online platform, including, without limitation, any content, reports, functionality and services offered on or via the platform, for the purpose of providing certain services related to pre-repair and post-repair automobile scans (collectively, the "Protech Portal").

These Terms of Use are a legal agreement entered into by and between you and Protech and govern your access to and use of the Protech Portal. You have been granted access to the Protech Portal by virtue of your employment with your employer (“Employer”) having entered, and having in place, a valid subscription agreement with Protech (the “Subscription Agreement”). Please read the Terms of Use carefully before you start to use the Protech Portal.

BY USING THE PROTECH PORTAL, COMPLETING THE REGISTRATION PROCESS, OR CLICKING THE "I ACCEPT" BUTTON, YOU REPRESENT AND WARRANT THAT (1) YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH PROTECH, AND (3) YOU ARE REGISTERING FOR ACCESS TO THE PROTECH PORTAL BASED ON YOUR EMPLOYER HAVING IN PLACE A VALID SUBSCRIPTION AGREEMENT, AND YOU FURTHER AGREE TO BE BOUND BY THE TERMS THEREIN.

IF YOU DO NOT AGREE TO ANY OF THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE THE PROTECH PORTAL.

1. Limited License; Access

You are granted a non-exclusive, non-sublicensable, non-transferable, limited license to view the materials contained on the Protech Portal, upload information to the Protech Portal on behalf of your employer, receiving pre- and post-scan reports and invoices, and otherwise interact with the Protech Portal for your employer’s own business purposes. This limited license is only valid as long as you are an employee of an Employer having in place a valid Subscription Agreement. All rights not expressly granted hereunder are reserved by Protech. Nothing in these Terms of Use shall obligate Protech to provide the Protech Portal or restrict it from making any changes thereto.

You agree that you will maintain your credentials (e.g. password) to access the Protech Portal in confidence, and will not share such credentials with any other individual. Each employee of the Employer is required to have their own login credentials. You further agree that you will promptly notify us if your credentials have been compromised or if you lose your credentials.

2. Intellectual Property Rights

You expressly acknowledge that Protech and/or its licensors own all rights to the intellectual property and material contained in the Protech Portal and data generated and uploaded, including scan data, in connection with your use of the Protech Portal.

3. Restrictions

In addition to any restrictions in the Subscription Agreement, you agree that you will not:

1. Use the Protech Portal other than in accordance with these Terms of Use and the Subscription Agreement;
2. Publish or distribute (other than to customers in accordance with these Terms of Use and the Subscription Agreement) any Protech Portal material, in any media;
3. Use the Protech Portal in any way that is, or may be, damaging to the Protech Portal, including but not limited to using any device, software or routine that interferes with the proper working of the Protech Portal or introducing any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
4. Use the Protech Portal in any way that impacts user access to the Protech Portal, including but not limited to attacking the Protech Portal via a denial-of-service attack or a distributed denial-of-service attack or attempting to gain unauthorized access to, interfere with, damage or disrupt any parts of the Protech Portal, the server on which the Protech Portal is stored, or any server, computer or database connected to the Protech Portal;
5. Use the Protech Portal contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Protech Portal, or to any person or business entity;
6. Engage in any data mining, data harvesting, data extracting or any other similar activity in relation to the Protech Portal, or while using the Protech Portal, including but not limited to using any robot, spider or other automatic device, process or means to access the Protech Portal for any purpose;
7. Use the Protech Portal to engage in any advertising or marketing; and
8. Transmit sensitive personal data regarding you or your Employer’s customers, including but not limited to a customer’s name, address, social security number, driver’s license number, or date of birth.

Certain areas of the Protech Portal are restricted from access by you, and Protech may further restrict access by you to any other areas of the Protech Portal, at any time, in its sole and absolute discretion. Protech reserves the right to remove any content of information that you or another employee of your Employer uploads to the Protech Portal, including but not limited to your Employer’s customer information, each customer’s vehicle identification number, repair order number and scan data, at any time, and for any reason, without notice.

4. NO WARRANTIES

THE PROTECH PORTAL IS PROVIDED “AS IS,” WITH ALL FAULTS, AND PROTECH MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, OF ANY KIND, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; AND (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, RELATED TO THE PROTECH PORTAL, INCLUDING, BUT NOT LIMITED TO, ANY REPORTS, ANALYSES OR OTHER MATERIALS CONTAINED ON OR PROVIDED VIA THE PROTECH PORTAL. PROTECH DOES NOT WARRANT THAT ANY INFORMATION PROVIDED ON FOR VIA THE PROTECH PORTAL SHALL MEET YOUR REQUIREMENTS OR ERROR-FREE OR THAT THE PROTECH PORTAL’S OPERATION SHALL BE UNINTERRUPTED. ADDITIONALLY, NO INFORMATION PROVIDED ON OR VIA THE PROTECH PORTAL SHALL BE CONSTRUED AS PROVIDING CONSULT OR ADVICE TO YOU. PROTECH UNDERTAKES NO OBLIGATION TO REPAIR ANY VEHICLE OR TO DIAGNOSE ANY CONDITION THAT MIGHT REQUIRE REPAIR.

5. Limitation of liability

In no event shall Protech, or any of its officers, directors, employees or agents, be liable to you for anything arising out of or in any way connected with your use of the Protech Portal, whether such liability is under contract, tort or otherwise, and Protech, including its officers, directors, employees and agents, shall not be liable for any indirect, consequential or special liability, lost profits, damages, expenses (including reasonable attorney’s fees), arising out of or in any way related to your use of the Protech Portal.

6. Must be at least 18 years old to use the Protech Portal:

The Protech Portal is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use the Protech Portal if you a minor. By using the Protech Portal, you represent and warrant that you are of legal age to form a binding contract with Protech or have parental or legal guardian consent to do so and are fully able and competent to enter into and comply with these Terms of Use.

7. Severability

If any provision of these Terms of Use is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms of Use unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

8. Variation of Terms

Protech is permitted to revise these Terms of Use at any time as it sees fit, and by using the Protech Portal you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of the Protech Portal.

9. Assignment

Protech shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms of Use without any notification or consent required. However, you are not permitted to assign, transfer, delegate or subcontract these Terms of Use or any of your rights and/or obligations under these Terms of Use.

10. Entire Agreement

These Terms of Use, including any legal notices and disclaimers contained on the Protech Portal, constitute the entire agreement between Protech and you in relation to your use of the Protech Portal, and supersede all prior agreements and understandings with respect to the same.

11. Governing Law & Jurisdiction

These Terms of Use will be governed by and construed in accordance with the laws of the State of Texas, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Texas for the resolution of any disputes.