PERSONAL AND NON-PERSONAL INFORMATION
WHAT IS NON-PERSONAL INFORMATION AND HOW IS IT COLLECTED AND USED?
Non personal information is information that cannot identify you. If you visit this web site to read information, such as information about one of our services, we may collect certain non-personal information about you from your computer’s web browser. Because non-personal information cannot identify you or be tied to you in any way, there are no restrictions on the ways that we can use or share non-personal information. What is personal information and how is it collected? Personal information is information that identifies you as an individual, such as your name, mailing address, e-mail address, telephone number, and fax number. We may collect personal information from you in a variety of ways:
- When you send us an application or other form
- When you conduct a transaction with us, our affiliates, or others
- When we collect information about in you in support of a transaction, such as credit card information
- In some places on this web site you have the opportunity to send us personal information about yourself, to elect to receive particular information, to purchase access to one of our products or services, or to participate in an activity.
ARE COOKIES OR OTHER TECHNOLOGIES USED TO COLLECT PERSONAL INFORMATION?
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Proteus websites you visit.
HOW DOES PROTEUS USE PERSONAL INFORMATION?
Proteus may keep and use personal information we collect from or about you to provide you with access to this web site or other products or services, to respond to your requests, to bill you for products/services you purchased, and to provide ongoing service and support, to contact you with information that might be of interest to you, including information about products and services of ours and of others, or ask for your opinion about our products or the products of others, for record keeping and analytical purposes and to research, develop and improve programs, products, services and content.
Personal information collected online may be combined with information you provide to us through other sources We may also remove your personal identifiers (your name, email address, social security number, etc). In this case, you would no longer be identified as a single unique individual. Once we have de-identified information, it is non-personal information and we may treat it like other non-personal information. Finally, we may use your personal information to protect our rights or property, or to protect someone’s health, safety or welfare, and to comply with a law or regulation, court order or other legal process.
DOES PROTEUS SHARE PERSONAL INFORMATION WITH OTHERS?
We will not sell, exchange or publish your personal information, except in conjunction with a corporate sale, merger, dissolution, or acquisition. For some sorts of transactions, in addition to our direct collection of information, our third party service vendors (such as credit card companies, clearinghouses and banks) who may provide such services as credit, insurance, and escrow services may collect personal information directly from you to assist you with your transaction. We do not control how these third parties use such information, but we do ask them to disclose how they use your personal information before they collect it.
If you submit a review for a third party (person or business) using our Facebook Fan Review Application, during the submission process we ask your permission to gather your basic information (such as name and email address) which we then share with the third party for whom you are submitting the review. We may be legally compelled to release your personal information in response to a court order, subpoena, search warrant, law or regulation.
We may cooperate with law enforcement authorities in investigating and prosecuting web site visitors who violate our rules or engage in behavior, which is harmful to other visitors (or illegal). We may disclose your personal information to third parties if we feel that the disclosure is necessary to protect our rights or property, protect someone’s health, safety or welfare, or to comply with a law or regulation, court order or other legal process. As discussed in the section on cookies and other technologies, from time to time we may allow a third party to serve advertisements on this web site.
HOW IS PERSONAL INFORMATION USED FOR COMMUNICATIONS?
We may contact you periodically by e-mail, mail or telephone to provide information regarding programs, products, services and content that may be of interest to you. In addition, some of the features on this web site allow you to communicate with us using an online form. If your communication requests a response from us, we may send you a response via e-mail. The e-mail response or confirmation may include your personal information. We cannot guarantee that our e-mails to you will be secure from unauthorized interception.
HOW IS PERSONAL INFORMATION SECURED?
We have implemented generally accepted standards of technology and operational security in order to protect personally-identifiable information from loss, misuse, alteration, or destruction. Only authorized personnel and third party vendors have access to your personal information, and these employees and vendors are required to treat this information as confidential. Despite these precautions, we cannot guarantee that unauthorized persons will not obtain access to your personal information.
This site contains links to other sites that provide information that we consider to be interesting. Proteus is not responsible for the privacy practices or the content of such web sites.
This site may provide public discussions on various business valuation topics. Please note that any information you post in these discussions will become public, so please do not post sensitive information in the public discussions. Whenever you publicly disclose information online, that information could be collected and used by others. We are not responsible for any action or policies of any third parties who collect information that users disclose in any such forums on the web site. Proteus does not agree or disagree with anything posted on the discussion board. Also remember that you must comply with our other published policies regarding postings on our public forums.
HOW CAN A USER ACCESS, CHANGE, AND/OR DELETE PERSONAL INFORMATION?
You may access, correct, update, and/or delete any personally-identifiable information that you submit to the web site. You may also unsubscribe from mailing lists or any registrations on the web site. To do so, please either follow instructions on the page of the web site on which you have provided such information or subscribed or registered or contact us at firstname.lastname@example.org
Proteus will not intentionally collect any personal information (such as a child’s name or email address) from children under the age of 13. If you think that we have collected personal information from a child under the age of 13, please contact us.
Terms of Service
WHEREAS, Agency has been engaged in delivering online marketing services to a broad range of businesses; and
WHEREAS, Agency has complied with all Federal, State, and local laws regarding business permits, sales permits, licenses, reporting requirements, tax withholding requirements, and other legal requirements of any kind that may be required to carry out said business and the Scope of Work (as defined hereafter) which is to be performed as an Agency pursuant to this Agreement; and
WHEREAS, Agency is or remains open to conducting similar tasks or activities for clients other than the Company and holds itself out to the public to be a separate business entity; and
WHEREAS, the Company desires to contract for the services of the Independent Contractor to perform certain tasks as set forth below; and
WHEREAS, Agency desires to enter into this Agreement and perform as an Agency for the Company and is willing to do so on the terms and conditions set forth below.
NOW, THEREFORE, in consideration of the above recitals and the mutual promises and conditions contained in this Agreement, the receipt and sufficiency of which is hereby willfully acknowledged, the Parties agree as follows:
- EFFECTIVE DATE: This Agreement shall be effective immediately, commencing as of the day written in the signed contract, and shall continue until terminated at the completion of the Scope of Work, or by either party as otherwise provided herein.
- AGENCY STATUS: This Agreement does not constitute a hiring by either party. It is the parties’ intent that Agency shall have a non-exclusive, independent advertising agency status and not be an employee for any purposes, including, but not limited to, the application of the Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the United States, Nebraska State Revenue and Taxation Code relating to income tax withholding at the source of income, the Workers’ Compensation Insurance Code, 401(k) and other benefit payments and third party liability claims. Agency shall retain sole and absolute discretion in the manner and means of carrying out its activities and responsibilities under this Agreement. This Agreement shall not be considered or construed to be a partnership or joint venture. Agency shall not act as an agent of the Company, ostensibly or otherwise, nor bind the Company in any manner, unless specifically authorized to do so in writing. Company acknowledges that Agency similarly contracts to deliver marketing services to other companies which may operate within or outside of Company’s current space.
- SCOPE OF WORK: Agency agrees to devote as much time, attention, and energy as necessary to deliver the services outlined in Schedule A attached hereto, which services are defined by this Agreement as the Scope of Work.
- Agency shall additionally perform any and all tasks and duties associated with the Scope of Work set forth above, including but not limited to, work being performed already by others within or outside of the Company, as agreed upon by the Parties. Agency shall not be entitled to engage in any activities which are not expressly set forth by this Agreement.
- COMPENSATION: Agency shall be entitled to compensation for performing those tasks and duties related to the Scope of Work as listed in this Agreement. Such compensation shall become due and payable as set forth in Schedule B to this Agreement.
- WITHHOLDING OF TAXES: Agency recognizes and understands that it may receive an IRS 1099 statement and related tax statements, and may be required to file corporate and/or individual tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. To the extent these tax statements are required by law, Agency hereby promises and agrees to indemnify the Company for any damages or expenses, including attorney fees, and legal expenses, incurred by the Company as a result of Agency’s failure to make such required payments.
- WAIVER OF BENEFITS: Agency hereby waives and foregoes the right to receive any benefits given by Company to its regular employees, including, but not limited to, health benefits, vacation and sick leave benefits, profit sharing plans, such as 401(k) plans. This waiver is applicable to all non-salary benefits, which might otherwise be found to accrue to Agency by virtue of his services to Company, and is effective for the entire duration of Agency’s agreement with Company. This waiver is effective independently of Agency’s employment status as adjudged for taxation purposes or for any other purpose.
- ASSIGNABILITY OF CONTRACT: Neither this Agreement, nor any duties or obligations under this Agreement may be assigned by either party without the prior written consent of the other.
- TERMINATION: This Agreement may be terminated per the terms outlined in the signed contract. Such termination shall not prejudice any other remedy to which the terminating party may be entitled, either by law, in equity, or under this Agreement.
- NON-SOLICITATION: Company and Agency shall not, during the Agreement and for a period of one year immediately following termination of this Agreement call on, solicit, or take away, or attempt to call on, solicit, or take away, any of the existing customers or clients of the Company on whom Agency called or became acquainted with during the term of this Agreement, either for his own benefit, or for the benefit of any other person, firm, corporation or organization. Agency acknowledges and agrees that the above restriction is reasonable as to duration and geography.
- Moreover, Agency acknowledges that the existence of any claim or cause of action he may bring against the Company, whether predicated on this Agreement or otherwise, shall not constitute a defense against the enforcement of this paragraph.
- NON-RECRUIT: Company and Agency shall not, during this Agreement and for a period of one (1) year immediately following termination of this Agreement, either directly or indirectly, recruit any of the other parties employees for any purpose without written consent.
- RETURN OF PROPERTY: Upon termination of this Agreement, or whenever requested by the parties in writing, each party shall immediately deliver to the other party all property in its possession, or under its care and control, belonging to the other party to them, including but not limited to, proprietary information, customer lists, trade secrets, intellectual property, computers, equipment, tools, documents, plans, recordings, software, and all related records or accounting ledgers.
- LEGAL COMPLIANCE: Agency is encouraged to treat all company employees, customers, clients, business partners and other affiliates with respect and responsibility. Agency is required to comply with all laws, ethical codes and company policies, procedures, rules or regulations, including those forbidding sexual or other harassment, discrimination, and unfair business practices.
- NOTICES: Any notice to be given hereunder by any party to the other may be affected either by personal delivery in writing, or by mail, registered or certified, postage pre-paid with return receipt requested. Mailed notices shall be addressed to the parties at their business addresses as set forth in this Agreement, but each party may change its address by written notice in accordance with this paragraph. Notices delivered personally shall be deemed communicated as of actual receipt; mailed notices shall be deemed communicated as of five (5) days after mailing. Agency agrees to keep Company current as to his business and mailing addresses, as well as telephone, facsimile, e-mail and pager numbers.
- ATTORNEY FEES AND COSTS: If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney fees, costs and necessary disbursements incurred both before and/or after judgment in addition to any other relief to which such party may be entitled.
- INDEMNIFICATION: Each party hereto shall defend, indemnify, hold harmless, and insure the other from any and all damages expenses or liability resulting from or arising out of, any negligence or misconduct on its part, or from any breach or default of this Agreement which is caused or occasioned by the acts of said party. Each party shall insure that its employees and affiliates, if any, take all actions necessary to comply with the terms and conditions set forth in this Agreement. The Company shall specifically indemnify Agency against any loss, claims, demands, action, proceedings, losses, damages, costs, charges and expenses which may be made or brought or commenced against Agency for the publication of any advertisement of the Company, which has been prepared on the basis of the material furnished to Agency.
- ENTIRE AGREEMENT: This Agreement is an independent document and constitutes the entire agreement between the parties, and supersedes any and all other Agreements, either oral or in writing, between the parties hereto. Each party of this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party hereto, or anyone acting on behalf of any party hereto, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement shall be effective only if it is in writing, signed and dated by all parties hereto.
- PARTIAL INVALIDITY: If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.
- GOVERNING LAW: This Agreement shall be governed by, and construed under, the laws of the Nebraska, United States, which is the situs of its signing. Both parties agree that jurisdiction and venue for all purposes shall be in Nebraska in the United States.
Disclaimer: No Earnings Projections, Promises Or Representations
You recognize and agree that we have made no implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever to you about future prospects or earnings, or that you will earn any money, with respect to your purchase of Proteus products and/or services, and that we have not authorized any such projection, promise, or representation by others.
Any earnings or income statements, or any earnings or income examples, are only estimates of what we think you could earn. There is no assurance you will do as well as stated in any examples. If you rely upon any figures provided, you must accept the entire risk of not doing as well as the information provided. This applies whether the earnings or income examples are monetary in nature or pertain to advertising credits which may be earned (whether such credits are convertible to cash or not).
There is no assurance that any prior successes or past results as to earnings or income (whether monetary or advertising credits, whether convertible to cash or not) will apply, nor can any prior successes be used, as an indication of your future success or results from any of the information, content, or strategies. Any and all claims or representations as to income or earnings (whether monetary or advertising credits, whether convertible to cash or not) are not to be considered as “average earnings”.
(i) The Economy. The economy, both where you do business, and on a national and even worldwide scale, creates additional uncertainty and economic risk. An economic recession or depression might negatively affect the results produced by Proteus products and/or services.
(ii) Your Success Or Lack Of It. Your success in using the information or strategies provided at [yourwebsiteurl.com] depends on a variety of factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, your dedication, your motivation, your desire, or your business skills or practices. Therefore, we do not guarantee or imply that you will get rich, that you will do as well, or that you will have any earnings (whether monetary or advertising credits, whether convertible to cash or not), at all.
Internet businesses and earnings derived therefrom, involve unknown risks and are not suitable for everyone. You may not rely on any information presented on the website or otherwise provided by us, unless you do so with the knowledge and understanding that you can experience significant losses (including, but not limited to, the loss of any monies paid to purchase Proteus products and/or services, and/or any monies spent setting up, operating, and/or marketing Proteus products and/or services, and further, that you may have no earnings at all (whether monetary or advertising credits, whether convertible to cash or not).
(iii) Forward-Looking Statements. MATERIALS CONTAINED ON THIS WEBSITE OR IN MATERIALS PURCHASED AND/OR DOWNLOADED FROM THIS WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS HERE, IN OTHER MATERIALS CONTAINED ON THIS WEBSITE OR IN MATERIALS PURCHASED AND/OR DOWNLOADED FROM THIS WEBSITE ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.
(iv) Due Diligence. You are advised to do your own due diligence when it comes to making business decisions and should use caution and seek the advice of qualified professionals. You should check with your accountant, lawyer, or professional advisor, before acting on this or any information. You may not consider any examples, documents, or other content on the website or otherwise provided by us to be the equivalent of professional advice. Nothing contained on the website or in materials available for sale or download on the website provides professional advice in any way. You should consult with your own accountant, lawyer, or professional advisor for any questions you may have.
We assume no responsibility for any losses or damages resulting from your use of any link, information, or opportunity contained within the website or within any information disclosed by the owner of this site in any form whatsoever.
(v) Purchase Price. Although we believe the price is fair for the value that you receive, you understand and agree that the purchase price for Proteus products and/or services has been arbitrarily set by us. This price bears no relationship to objective standards.
This site is not part of the Facebook website or Facebook Inc. Additionally, this site is NOT endorsed by FACEBOOK in any way. FACEBOOK is a trademark of FACEBOOK, Inc.