Prototek Website Terms and Conditions
Last updated: Dec 30th, 2024
Please read these Terms and Conditions carefully before using the Site.
General
These terms and conditions of use (“Terms and Conditions”) govern your use of prototek.com, and any website, product, or service operated by Prototek Digital Manufacturing (Concord) LLC, or any of its affiliates or subsidiaries (collectively, “Prototek,” “we,” “us,” or “our”) that links to these Terms and Conditions (collectively, the “Site”). These Terms and Conditions constitute a legally binding agreement between you and Prototek regarding your use of the Sites. These Terms and Conditions do not apply to your use of any third-party website, or any website operated by a Prototek affiliate or subsidiary that has a separate terms of use.
Prototek may modify these Terms and Conditions at any time without notice, except where required by law. Any modified Terms and Conditions will become effective immediately after they are posted. By continuing to use the Sites after a modification, you will be deemed to have consented to any changes in these Terms and Conditions.
Prototek neither sells products for purchase by anyone under the age of eighteen (18) nor do we intend for the Sites to be used by anyone under the age of eighteen (18). You must be eighteen (18) years of age or older to place an order on the Sites. Each time you access the Sites for any purpose, you shall be deemed to represent, warrant, and covenant to Prototek that you: (a) are at least eighteen (18) years of age; (b) are not located in, or a national or resident of, or associated with the government of, any country that is subject to U.S. trade sanctions; and (c) are not on any U.S. prohibited party list or acting on behalf of or owned or controlled by any person or entity on any such list.
These Terms and Conditions contain Dispute Resolution, Arbitration, and Class Action Waiver sections that require you and Prototek to pursue any disputes independently and then in individual arbitration, and that each party waive their right to sue in court, including as part of a class action or representative proceeding. Please see the Dispute Resolution, Arbitration, and Class Action Waiver sections for more information.
Certain parts of the Sites may contain separate terms and conditions, which are in addition to these Terms and Conditions. By accessing such parts of the Sites, you agree to be bound by those additional terms and conditions. In the event of a conflict, those additional terms and conditions will govern your use of those parts of the Sites. You may be asked to execute supplemental agreements before you are permitted to access or use certain features or functionality (each, a “Supplemental Agreement”). In the case of Supplemental Agreements presented to you online, you authorize Prototek to rely upon “checks” or “clicks” in designated locations as your electronic signature and your agreement to the terms of such Supplemental Agreements. These Terms and Conditions are in addition to any Supplemental Agreement and are not intended to supersede or modify any such Supplemental Agreement.
Privacy
The personal information provided to the Sites and its use are subject to the Prototek Privacy Policy. You are responsible for keeping any account information, including usernames and passwords, secure and for ensuring no unauthorized access. If you suspect unauthorized access to any account, you must immediately notify Prototek. PROTOTEK IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGES THAT RESULT FROM ANY UNAUTHORIZED USE OF YOUR ACCOUNT.
Electronic Communications
You consent to receive communications from Prototek electronically. Prototek will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that Prototek provides to you electronically satisfy any legal requirement that such communications be in writing. If you wish to opt out of receiving our newsletter or promotional materials via electronic communication, please see the How We Use Personal Information section of the Prototek Privacy Policy.
Intellectual Property
The Prototek name, service marks, URLs and domain names, and any other trademarks, registered or not (collectively, “Marks”), appearing on the Sites are the property of Prototek and/or its third-party service providers. Text, images, graphics, video clips, audio clips, software applications and code, user interface design and any other materials, design, or format (collectively, the “Content”), are the intellectual property of Prototek and/or its third-party service providers. All information, material, and content accessible on or generated by the Sites are the intellectual property of Prototek and/or its third-party service providers and are protected by United States and foreign trademark, copyright, trade secret, patent, and other intellectual property laws.
Prototek grants you a personal, nontransferable, nonexclusive, limited, royalty-free, revocable license during the term of these Terms and Conditions to use the Sites strictly as set forth in these Terms and Conditions and in any Supplemental Agreement. Prototek reserves the right, in its sole discretion, to deny you access to the Sites, or any portion thereof, without notice and without reason. You interact with Third-Party Materials (defined below) solely on your own discretion and at your own risk. If you breach these Terms and Conditions, your license to use the Sites shall immediately and automatically terminate.
Submission of User Content and Feedback
Some parts of the Site allow you to submit your own comments and suggestions about the Site and Prototek’s products and services. You agree that any information, ideas, suggestions, or materials about the Site or Prototek’s products and services that you or individuals acting on your behalf send to Prototek via the Site, including feedback, data, questions, comments, reviews, product or service ideas, know-how, or suggestions (collectively, “Feedback”), will not be considered confidential or proprietary, even if the Feedback is labeled “Confidential” or “Proprietary.”
Other parts of the Site allow you to submit your own content such as computer-aided designs (CAD) or stereolithography (STL) files, drawings, writings, or other projects (each, a form of “User Content”). By uploading User Content to the Site, you represent and warrant that you have all permissions and rights necessary to upload your User Content to the Sites and to otherwise have such User Content used or shared, as applicable, by Prototek in relation to the Sites. You are solely responsible for the accuracy, quality, content, and legality (including compliance with all applicable law and regulations) of User Content, including the means by which User Content is acquired.
Prototek reserves the right to screen, monitor, and remove User Content and Feedback, at any time and at its sole discretion, but has no obligation to do so. Prototek is not responsible for User Content other users submit to or post on the Site. Prototek is under no obligation to become involved in any user dispute but may do so at its own discretion.
By submitting Feedback to Prototek, you understand that you irrevocably assign to Prototek all worldwide rights, title, and interest in and to that Feedback. Prototek may, for any purpose whatsoever, reproduce, use, create derivative works, disclose, assign, and distribute Feedback to others without limitation or liability. Prototek may use any ideas, concepts, know-how or techniques in the Feedback and for any purpose whatsoever, including, but not limited to, developing and marketing products or services that incorporate or otherwise embody Feedback, without providing any notice, compensation, or attribution to you.
By uploading User Content to the Site, you understand that you grant Prototek a perpetual, transferable, non-exclusive, royalty-free, fully paid up, and worldwide license to use, copy, modify (including the right to create derivative works of), display, and transmit User Content in connection with the Site, including, but not limited to, the development of potential offerings or other future products and services under consideration by Prototek (whether developed independently by Prototek or through a third party).
Notice of Copyright Infringement
If you are a copyright owner and believe that your work has been copied and posted on the Sites in a way that constitutes copyright infringement, please provide Prototek with notice containing the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work or works claimed to have been infringed; (iii) identification of the material that you claim is infringing and a description of where the material that you claim is infringing is located on the Sites; (iv) your name, address, telephone number, and email address; (v) a written statement that you have 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 (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with these requirements will not be considered sufficient notice and will not be deemed to confer on Prototek actual knowledge of facts or circumstances from which infringing material or acts are evident. You must send the written notice to:
Prototek Digital Manufacturing (Concord) LLC
Attn: Kenneth Morin
205 Pine St.
Contoocook, NH 03229
If you wish to make any use of Content other than as authorized in this section, please contact Prototek at the following email address: [email protected].
Acceptable Use
You may use the Sites only for lawful purposes in accordance with these Terms and Conditions. You may print out a copy of the Content only for your own personal, noncommercial purposes.
Access to and use of password-protected and/or secure areas of the Sites are restricted to authorized users only. Unauthorized persons attempting to access these areas of the Sites may be subject to legal action.
Conditional Use
You agree not to engage in any of the following during your use of Prototek’s Sites without Prototek’s express written permission, which may be withheld or withdrawn in Prototek’s sole discretion:
- Use any robot, spider, scraper, deep link, or other similar automated data gathering or extraction tools, program, algorithm, or methodology to access, acquire, copy, or monitor the Sites or any portion of the Sites, other than via software that sends queries to the Sites to index or rank a website for search and location purposes;
- Link to Prototek’s homepage, unless you do so in a way that is fair and legal and does not damage Prototek’s reputation or take advantage of it, provided you do not establish a link in such a way as to suggest any form of association, approval, or endorsement on Prototek’s part;
- Engage in actions involving items that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the law, including, but not limited to, use of Prototek’s intellectual property, name, or logo, including use of Prototek’s trade or service marks, or in a manner that otherwise harms Prototek’s brand; or
- Modify, obstruct, alter, remove, or otherwise interfere with any of the Marks and Content on the Sites.
Prohibited Use
You agree not to engage in any of the following during your use of Prototek’s Sites:
- Violate any intellectual property rights, federal, state, local or international law, ordinance, or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries);
- Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Sites, other than the search engines and search agents available through the Sites and other than generally available third-party web browsers;
- Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features, or that otherwise interferes with the proper working of the Sites;
- Perform any action that implies an untrue endorsement by or affiliation with Prototek, including impersonation of a Prototek employee, representative, or another user or person (including, without limitation, by using email addresses associated with any of the foregoing);
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Sites;
- Transmit anything that is unlawful, libelous, defamatory, profane, obscene, dangerous, threatening, harassing, abusive, hateful, embarrassing, or otherwise offensive, as determined by Prototek in its sole discretion;
- Transmit anything that encourages another user to breach these Terms and Conditions;
- Transmit any personal information or commercial content that is not your own or that you do not have a legal right to;
- Attempt to advertise, solicit, or otherwise encourage the collection or posting of personal information by other users;
- Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation, as determined in Prototek’s sole discretion; or
- Engage in any conduct, as determined by Prototek in its sole discretion, that restricts or inhibits anyone’s use or enjoyment of the Site, or which may expose Prototek, its suppliers, or any other user of the Site, to any liability.
Third-Party Materials
Any content included from or links to websites owned or operated by a third party (“Third-Party Materials”) are for your convenience and informational purposes only and do not constitute or imply Prototek’s endorsement, sponsorship, affiliation, or recommendation of the third parties or their products, services, or websites. Prototek does not monitor or control the Third-Party Materials linked to or from the Site, which are governed by their own terms of use, acceptable use, and privacy policies. Prototek is not liable for any damages incurred as a result of clicking on a link to any Third-Party Materials or relying, in any capacity, on the Third-Party Materials.
Termination
Prototek may modify, suspend, or terminate any part of the Sites at any time and without notice. These Terms and Conditions shall apply until terminated by Prototek. Upon termination, Prototek will retain your personal information in accordance with the Prototek Privacy Policy and as required by applicable law, rules, or regulations. If you breach these Terms and Conditions, your license to use the Sites shall immediately and automatically terminate.
Prototek reserves the right to terminate these Terms and Conditions with you, with notice of such termination, if:
- You breach any provision of these Terms and Conditions (or have acted in a manner that demonstrates, in Prototek’s sole opinion, you do not intend to or are unable to comply with these Terms and Conditions);
- Prototek reasonably believes it is required by law;
- Prototek no longer offers the service(s) you use;
- You no longer agree to these Terms and Conditions; or
- Prototek chooses to do so, in its sole discretion, for any or no reason.
You understand that your User Content and Feedback may remain on the Sites even after termination of these Terms and Conditions, subject to a request for removal or deletion under applicable laws. These Terms and Conditions shall survive termination to the extent necessary for the enforcement of Prototek’s rights and your obligations herein.
Governing Law and Venue
These Terms and Conditions and any Site, product, or service provided under them will be governed by the laws of the State of New York, without regard to its conflicts of law provisions, and shall insure to the benefit of Prototek’s successors and assigns, whether by merger, consolidation, or otherwise. Except as otherwise provided in the Arbitration section, you hereby agree that all legal proceedings shall be brought in, and you irrevocably consent to submit to the jurisdiction and venue of, the state courts of New York County, New York and the federal courts of the Southern District of New York.
You acknowledge and agree that because the breach of these Terms and Conditions would result in immediate and irreparable injury to Prototek, Prototek shall be entitled, without limitation of remedy, to (i) temporary and permanent injunctive and other equitable relief restraining you from activities constituting a violation, breach, or threatened breach of these Terms and Conditions to the fullest extent allowed by law, and (ii) all such other remedies available at law or in equity, including, without limitation, the recovery of damages.
Dispute Resolution
Except where and to the extent prohibited by law, by using the Sites, you and Prototek agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Sites or the breach, enforcement, interpretation, or validity of these Terms and Conditions or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Both you and Prototek agree that this dispute resolution procedure is a condition precedent that must be satisfied before filing any demand for arbitration against the other party.
Arbitration
To the fullest extent permitted by law of the applicable jurisdiction, any dispute, claim, or controversy arising from the access and use of the Sites or these Terms and Conditions, including the interpretation of this Arbitration section, that cannot be resolved by the above dispute resolution procedure, SHALL BE RESOLVED SOLELY BY FINAL AND BINDING INDIVIDUAL ARBITRATION. ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE SITES OR THESE TERMS AND CONDITIONS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Any arbitration shall be governed by the Rules of Arbitration of the American Arbitration Association and shall take place in Concord, New Hampshire, unless both parties agree in writing to a different location.
Class Action Waiver
YOU AND PROTOTEK EACH FURTHER AGREE THAT EACH IS WAIVING THEIR RIGHT TO SUE THE OTHER IN COURT, INCLUDING TO A TRIAL BY JURY, OR TO PARTICIPATE IN A CLASS ACTION. You and Prototek agree that each may bring claims against the other only in your or its individual capacity, and not as a representative or part of any class or consolidated action or proceeding. If the dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.
Indemnification
You agree to defend, indemnify, and hold harmless Prototek’s officers, directors, employees, agents, affiliates, successors, and assigns (collectively, the “Indemnitees”) from and against any and all claims, liabilities, damages, awards, losses, costs, or fees (including reasonable attorneys’ fees) arising out of or relating to your access to and use of the Sites, the User Content and Feedback you transmit through the Site, infringement of any intellectual property rights, or your violation of these Terms and Conditions (collectively, “Claims”). Prototek reserves the right, in Prototek’s sole discretion and at Prototek’s own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Prototek in the defense of any Claims and in any event may not settle any Claims without Prototek’s prior written consent.
Disclaimer of Warranties
ALL OF THE SITES, AND THE DATA, INFORMATION, MATERIALS, AND OTHER CONTENT CONTAINED THEREIN, INCLUSIVE OF ANY THIRD-PARTY MATERIALS, ARE PROVIDED “AS IS” WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR NON-INFRINGEMENT.
Prototek disclaims any duty to update the Sites or to correct any errors and it is your responsibility to evaluate the timeliness, quality, accuracy, reliability, availability, and completeness of any information and material, including Third-Party Materials, contained on the Sites. Prototek does not warrant or guarantee that the Sites will meet your requirements, be error-free, virus-free, or that access to the Sites will be uninterrupted, or that the platform, its servers, or the Content are free of destructive features. If you download or otherwise obtain any material from the Sites, you do so solely at your own discretion and risk, and you will be solely responsible for any damages to your computing system or any loss of data that results from downloading or otherwise obtaining that material. You assume all responsibility and risk of loss resulting from your use of the Sites.
Limitation of Liability
IN NO EVENT WILL PROTOTEK, ITS INDEMNITEES, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING, OR MANAGING THE SITES (COLLECTIVELY, THE “SERVICE PROVIDERS”) BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR DAMAGES MEASURED BY LOST PROFITS AND/OR ANY OTHER INTANGIBLE OR SPECULATIVE LOSS, ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITES, INCLUDING, WITHOUT LIMITATION, OMISSIONS OR INACCURACIES IN THE CONTENT, UNAUTHORIZED ACCESS, FORCE MAJEURE, OR ANY FAILURE OF PERFORMANCE, EVEN IF THE DAMAGES WERE FORESEEABLE OR ANY OF THE SERVICE PROVIDERS ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states or jurisdictions do not allow the exclusion of certain warranties or limitations of certain liabilities. Accordingly, if some of the above provisions do not apply to you, whether by statute or legal action, then you expressly agree that these Disclaimer of Warranties and Limitation of Liability sections will be construed to apply to the maximum extent permitted by law. In no event shall Prototek’s total, aggregate liability for any cause of action of any kind – whether in contract, tort, (including, but not limited to, negligence), strict liability or otherwise, even if it is foreseeable – exceed $100.
Assignment
You may not assign or otherwise transfer ownership of your rights and obligations under these Terms and Conditions, by operation of law or otherwise, without the prior written consent of Prototek. Prototek may freely assign, transfer, and delegate these Terms and Conditions or any rights and/or obligations hereunder without your consent. The relationship of the parties under these Terms and Conditions is that of independent contractors, and these Terms and Conditions will not be construed to imply that either party is the agent, employee, or joint venture of the other.
Entire Agreement and Severability
These Terms and Conditions, including the Privacy Policy and any other document referred to in these Terms and Conditions, represent the entire agreement between Prototek and you relating to the subject matter herein. If any provision of these Terms and Conditions is deemed unlawful, void, or for any reason unenforceable, then that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. The failure of Prototek to exercise in any respect any right provided for in these Terms and Conditions shall not be deemed a waiver of any rights hereunder. Prototek reserves all rights not expressly described in these Terms and Conditions.
Section Headings
Section headings in these Terms and Conditions are for convenience or reference only and shall not govern the interpretation of any provision of these Terms and Conditions.
Notices
If you have any questions regarding the Sites, these Terms and Conditions, or you desire to contact Prototek for any reason, please contact us at:
Email: [email protected]
Phone: (800) 403-9777
Mail:
Prototek Digital Manufacturing (Concord) LLC
Attn: Jason Kopras
205 Pine St.
Contoocook, NH 03229
