Last Updated February 22, 2018
The following discloses information gathering and dissemination practices for this web site:
Your IP Address
Your IP address is used by this site to help diagnose problems with our server and to administer our web site. It is also used to gather broad demographic information.
Any of the information we collect from you may be used in the following ways: To personalize your experience (your information helps us to better respond to your individual needs). To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you). To process transactions (your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested by the customer). To send periodic e-mails (the e-mail address you provide for your order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information).
This site may contain links to other sites. Pro Quick Draw is not responsible for the privacy practices or the content of such third party web sites.
This site has security measures in place to protect the loss, misuse and alteration of the information under our control. All employees of Pro Quick Draw are aware of our security policies. These security policies are reviewed regularly.
We may post customer testimonials on our web site which may contain personally identifiable information. We do obtain the customer’s consent via email prior to posting the testimonial to post his or her name along, with his or her testimonial. If you wish to request we remove your testimonial, you may contact us at firstname.lastname@example.org.
Children Under Age 13
Pro Quick Draw does not knowingly offer services to children under age 13. This web site is not directed to children under age 13. Pro Quick Draw does not knowingly collect information of children under age 13.
If a user elects to use our referral service for informing a friend about our site, we ask such individual for the friend’s email address. Pro Quick Draw will automatically send the friend a one-time email, inviting him or her to visit the site. Pro Quick Draw stores this information for the sole purpose of sending this one-time email. The friend may contact Pro Quick Draw at https://www.proquickdraw.com/ to request the removal of this information from our database.
This site gives users the following options to remove his or her information from our database, to not receive future communications or to no longer receive our service. Users may opt-out of receiving emails by replying to a message and typing, “Unsubscribe” in the body of the email.
We may disclose personal information when required by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law or comply with legal process served on our web site.
Contacting the Web Site
If you have any questions about this privacy statement, the practices of this site or your dealings with this web site, please contact:
Pro Quick Draw LLC
127 E. Gittings St.
Baltimore, MD 21230
TERMS OF SERVICE
Last Updated February 22, 2018
The following "Terms of Service" govern your use of the website ("Service") made available by Pro Quick Draw LLC, a Minnesota limited liability company (the "Company" or “Licensor”) to you ("You"), who is being licensed to use the named software, Pro Quick Draw (the “Software”) and related documentation (“Documentation”) (the Software and Documentation are collectively referred to as the “Product”). An amendment or addendum to the Software License Agreement may accompany the Software and any upgrades of the Software. You agree to be bound by the terms of the Software License Agreement by purchasing, installing, copying, downloading or otherwise using the Software. If You do not agree to the terms of the Software License Agreement, You may not install, copy, download or otherwise use the Software.
1. Software and Documentation. The Software is an add-on software program designed to collate and organize football plays in conjunction with Visio 2013 and 2016. License is in no way affiliated with Microsoft Visio. The Documentation is the instructions, illustrations and tutorials set forth on Licensor’s official website (“Website”), as updated from time to time.
2. License. Subject to Your payment of the Fees and other terms and conditions of the Software License Agreement, Licensor grants You a limited, non-exclusive, non-transferable, license to install, execute, display and otherwise use the Product for Your business purposes. The license includes the right to use the Software only on equipment owned or operated by You unless Licensor otherwise agrees in writing. The license includes the right to use the Software by up to five (5) of Your users. Your right to have additional users beyond five (5) will be at an additional cost to You which will be quoted by Licensor on a case by case basis. You shall not permit any affiliated entities or third parties to use, directly-access, copy, download, or install the Software for their own use. You hereby accept the grant of such license and agrees to be bound by all conditions of the Software License Agreement. The Software provided pursuant to the Software License Agreement is NOT custom software specifically designed for You or to meet any of Your specific systems, applications or user functions. Licensor makes no representation to You that the Software will interface or otherwise function with Your operating system or any third-party systems or software utilized by You.
3. Proprietary Rights. You acknowledge and agree that the Product contains proprietary and trade secret information of Licensor. Other than the limited license granted to You under Section 2 of the Software License Agreement, Licensor retains all ownership and proprietary rights in and to the Product, including any and all copies made by You and any and all Updates or Enhancements. You will have no right and will not, nor will You authorize or assist others to: (a) copy the Documentation, (b) disassemble, reverse engineer, modify, translate, alter or decompile all or any portion of the Software or otherwise discern the source code of the Software except and solely to the extent permitted under applicable law notwithstanding this restriction, or (c) use the Software on a service bureau or time sharing basis or to provide services to third parties unless as otherwise specified in separate written materials provided by Licensor to You, or (d) distribute, copy, rent, lease, sublicense, assign, transmit, sell or otherwise transfer the Product or any of Your rights therein, except such copying and transfer as expressly permitted in Section 2 of the Software License Agreement.
4. Fees and Payment. You shall pay the fees (“Fees”) for the Product in U.S. dollars. Fees for the initial purchase of the Product and the annual upgrades (“Annual Upgrades”) pursuant to an annual upgrade agreement (“Annual Upgrade Agreement”) are as set forth at the Website and the emailed invoice (“Invoice”) provided to You upon purchase of the Product. Future Fees for the initial license of the Product and the Annual Upgrade Agreement are updated from time to time at the Website. The Fees are exclusive of any and all taxes, and You are responsible for payment of such taxes (excluding those based on Licensor's net income). You agree to hold harmless Licensor from all claims and liability arising from Your failure to report or pay such taxes. Any unpaid portion of any Fees, or other fee, payable by You to Licensor under the Software License Agreement, as of the date of expiration or termination, shall be immediately due and payable upon its expiration or termination for any reason. Past due amounts shall be subject to a monthly service charge of one and one-half percent (1.5%) per month of the unpaid balance or the maximum rate allowable by law.
5. Upgrades. For a period of one (1) year from the initial date of purchase of the Software, Licensor will provide You with any upgrades to the Software, which may occur from time to time, during such one (1) year period. Thereafter, if You purchase the Annual Upgrade Agreement, Licensor will provide to You any upgrades to the Software, which may occur from time to time, during a one (1) year period from the date of purchase of the Annual Upgrade Agreement. Purchase of the Initial License and the Annual Upgrade Agreement does not include support, or any configuration or customization of the Software or Upgrades to Your system and specifications or any other services. You are solely responsible for proper configuration of all hardware and other equipment, and all databases and other software used with the Software.
6. Limited Warranty / Breach of Warranty. Licensor warrants that the Software will perform substantially in accordance with the Documentation for a period of sixty (60) days from the date of delivery of the Software to You (the “Warranty Period”). Your sole and exclusive remedy for breach of the Limited Warranty is as follows: You will return all copies of the Software to Licensor, at Your cost, along with proof of purchase. (You can obtain a step-by-step explanation of this procedure, including a return authorization code, by contacting Licensor at or 312-590-7257.) At Licensor’s option, Licensor will either send You a replacement copy of the Software, at Licensor’s expense, or issue a full refund. If Licensor fails to remedy such breach within a reasonable time period after receipt of Your notice, You shall be entitled to terminate the Software License Agreement (including the license) and obtain a refund of the Fees paid to Licensor. This limited warranty shall be void if Licensor determines that the Product has been used other than in accordance with the Documentation, abused, modified, altered or otherwise subjected to damage from accident or acts of nature. You agree to comply with Licensor’s reasonable instructions with respect to the alleged defective Product, which may include return of the defective Product at Licensor’s expense.
7. Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 6.1, THE PRODUCT IS PROVIDED BY LICENSOR TO YOU “AS IS,” AND LICENSOR MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE PRODUCT AND SPECIFICALLY DISCLAIM THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AGAINST INFRINGEMENT, TO THE MAXIMUM EXTENT POSSIBLE BY LAW. LICENSOR DOES NOT WARRANT THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE. YOU WILL BEAR ALL RISKS RELATING TO THE QUALITY AND PERFORMANCE OF THE PRODUCT, AND ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
8. Limitation of Liability. Notwithstanding the foregoing, LICENSOR IS NOT LIABLE TO YOU FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR YOUR USE OF THIS SOFTWARE. Licensor’s entire liability under the Software License Agreement for any damages from any cause whatsoever, regardless of form or action, whether in contract negligence or otherwise, shall in no event exceed an amount equal to the Fees paid by You.
9. Your Indemnification. You agree to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Your business operations and use of the Software or Your breach of the Software License Agreement.
10. Right to Terminate. Licensor has the right to terminate this License Agreement and Your right to use this Software upon any material breach by You.
11. Return of Software Upon Termination. You agree to return to Licensor or to destroy all copies of the Software upon termination of the License.
12. System Tampering. Under no circumstances shall You or your employees, or third parties exercising Your rights on Your behalf, modify, decompile, disassemble or otherwise reverse engineer the Software. You shall be responsible for any breaches or violations of the Software License Agreement by its employees or other such third parties.
13. Third Party Software. LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (EITHER IN FACT, STATUTORY OR BY OPERATION OF LAW) WITH RESPECT TO THIRD PARTY PRODUCTS, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY OR SUITABILITY, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, EXCEPT AS SET FORTH HEREIN. Licensor shall have no liability to You in the event that Visio makes modifications to its software which subsequently renders the Software non-compatible with Visio software.
14. Miscellaneous. The Software License Agreement constitutes the entire agreement of the parties and supersedes any prior or contemporaneous agreements between the parties, with respect to the subject of the Software License Agreement. The Software License Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota exclusive of its conflict of laws principles. Any dispute arising under or relating to the Software License Agreement will be resolved in the state or federal courts in Saint Paul, Minnesota, and the parties hereby expressly consent to jurisdiction therein. Licensor shall be awarded its reasonable attorneys' fees and costs in any suit or proceeding arising out of or related to the Software License Agreement. Licensor shall have the right to seek injunctive and other equitable relief in the enforcement of its rights under the Software License Agreement. If any provision of the Software License Agreement shall be declared invalid, illegal or unenforceable, all remaining provisions shall continue in full force and effect. You may delegate, assign or transfer the Software License Agreement, or any of its rights and obligations under the Software License Agreement, only by a writing signed by Licensor. Licensor shall have the right to assign its rights and obligations under the Software License Agreement without Your consent. Licensor shall have the right to terminate production of Software and Upgrades at any time without further obligation to You.
ADDITIONAL TERMS FOR ALL USERS OF THE WEBSITE
For purposes of this provision, “You” shall apply to all Licensees of the Software and all users of the Website.
1. Trademark Notice. All product names, trademarks, service marks or other images in this Website are either the property of, or used with permission by, Pro Quick Draw LLC, and the use thereof without the express written consent of the owner(s) thereof is strictly prohibited. All other product names contained on this Website may be trademarks or service marks of other persons. Pro Quick DrawTM is the trademark/service mark of Pro Quick Draw LLC. Unauthorized use of any of Pro Quick Draw LLC trademarks, service marks or logos may be a violation of federal and state trademark laws.
2. Email. You understand that the Internet is public and that email communications between you and Pro Quick Draw LLC via this website are subject to the risk of being viewed by other parties. Accordingly, you agree not to transmit confidential or proprietary information relating to you or your business to Pro Quick Draw LLC via e-mail.
3. Copyright. This website is protected by U.S. and international copyright laws. All logos, trademarks, service marks and copyrighted words and/or titles used in these pages are considered the intellectual property of the Pro Quick Draw LLC. You may not modify, reproduce or distribute (a) content on this website (other than as set forth herein), (b) the design or layout of the website or individual sections of the design or layout of the Website, or (c) Pro Quick Draw LLC logos without Pro Quick Draw LLC's written permission.
4. Linked Internet Sites. There may be links in this website which will let you leave Pro Quick Draw LLC's website. The linked sites are not under the control of the Pro Quick Draw LLC, and the content available on the Internet sites linked to this website do not necessarily reflect the opinion of Pro Quick Draw LLC. Pro Quick Draw LLC is providing these links to other Internet sites as a convenience to you, and access to any other Internet sites linked to this website is at your own risk. Pro Quick Draw LLC assumes no responsibility for, or any obligation to monitor the content of such linked Internet Sites. The inclusion of any link does not imply a recommendation or endorsement by Pro Quick Draw LLC.
5. Governing Law and General Provisions. This website is operated by Pro Quick Draw LLC from its place of business within the State of Minnesota, U.S.A. Pro Quick Draw LLC makes no representation that the information in the website is appropriate or available for use in other locations, and access to the website from territories where the contents of the website may be illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claims relating to the information available on this website will be governed by the laws of the State of Minnesota, U.S.A., excluding the application of its conflicts of law rules.
8. Errors, Corrections and Changes. We do not represent or otherwise warrant that our Website will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of our Website at any time. We reserve the right in our sole
discretion to edit or remove any documents, information or other content appearing on our Website.
9. Unlawful Activity. We reserve the right to investigate complaints or reported violations of this Terms of Service and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.