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PromWorks, LLC Terms of Service And Privacy Policy,
A Long But Necessary Read

Thank you for visiting the PromWorks, LLC Web site (the "Website")! For over 20 years, PromWorks, LLC and its predecessors and affiliates have worked to develop and maintain the trust of our clients and their respective organizations. We are committed to protecting the privacy of each individual from whom we collect information, and appreciate that you are generous enough to share it with us. We have set up some ground rules to ensure that we can keep this area useful, fun, and safe for everyone. PromWorks, LLC reserves the right to change these guidelines, terms and disclaimers at any time, and you agree that each visit you make to the PromWorks, LLC Web site shall be subject to the current guidelines. You should particularly read the PromWorks, LLC privacy policy as provided in article 4 of this document. The Terms of Service (the "Agreement") are a binding agreement between you and PromWorks, LLC. Your use of our services and web site indicates your acceptance of this Agreement. If you do not agree with these terms, do not use our Web site or services.

Specific areas of the Website or certain services may contain additional terms or a separate agreement between you and PromWorks, LLC. If any terms contained in this Agreement conflict with any other term or guideline contained on the PromWorks, LLC Web site, this Agreement shall govern.

Please also remember that this Agreement only addresses PromWorks, LLC's use and disclosure of the information we collect from you and our affiliates and you, about you. Different rules and agreements may apply to the use and disclosure of information by your school, association, organization, or other third-party. Therefore, you should review any privacy policy or similar agreement related to your school, association, organization, or other third-party to determine how any information collected by them from you shall be used. Your inclusion of personal information may be used for various directories or other items and publications of ours.

If you have any questions regarding this Agreement or the use of the Web site, please email help@PromWorks.com for assistance.

1. Disclaimer of Warranties and Related Disclaimers
ALL DATA, SOFTWARE, AND DOCUMENTATION IN PROMWORKS, LLC'S WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. PROMWORKS, LLC, ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS OF ANY INFORMATION CONTAINED ON THIS SITE. PROMWORKS, LLC DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, THAT THE DATA COLLECTED BY OR PROVIDED TO PROMWORKS, LLC, EITHER BY YOU OR BY OTHER MEANS, WILL BE KEPT FREE FROM THEFT OR DESTRUCTION. YOU AGREE THAT ANY INFORMATION YOU PROVIDE OR ABOUT YOU MAY BECOME PUBLIC. ALTHOUGH SOME PRECAUTIONS ARE TAKEN TO LIMIT THE DISSEMINATION OF INFORMATION ABOUT YOU OR THAT YOU PROVIDE, THESE PRECAUTIONS MAY FAIL OR BE ALL TOGETHER INADEQUATE.

Further, neither PromWorks, LLC nor any of its employees assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed; nor do they represent that its use would not infringe privately owned rights.

These disclaimers of liability apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that PromWorks, LLC is not liable for your defamatory, offensive, infringing or illegal materials or conduct, or that of third parties, and PromWorks, LLC reserves the right to remove such materials from the PromWorks, LLC Web site without liability.

Because some of the content on the Internet consists of material that is adult-oriented or otherwise objectionable to some people, the results of your search may automatically and unintentionally generate links or references to objectionable material. PromWorks, LLC can make no claim that such results will not occur. Search technology does not give results limited to only the hits that were sought. There may be extraneous hits as well.

The views and opinions of authors published on this site do not necessarily reflect those of PromWorks, LLC.

Reference to any specific commercial products, processes, or services by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by PromWorks, LLC. Nor shall any information or statements contained on this server be used for the purposes of advertising, or to imply an endorsement or recommendation.

2. License and Site Access
You are granted a limited license to use the PromWorks, LLC Web site and you shall not print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify these materials unless the specific article to be copied expressly allows it (e.g., printing of an admission ticket). However, you are allowed to page cache the PromWorks, LLC Web site. No permission is granted here for you to use PromWorks, LLC icons, site address, or other means to hyperlink other Internet sites with any page in the PromWorks, LLC Web site, and PromWorks, LLC assumes no responsibility for any other party's site hyperlinked to the PromWorks, LLC Web site or in which any part of the PromWorks, LLC Web site has been hyperlinked.

The PromWorks, LLC Web site may contain links to and frames of sites which are not maintained PromWorks, LLC. While we try to include only links to or frames of those sites which are in good taste and safe for our visitors, we are not responsible for the content of those sites and cannot guarantee that sites will not change without our knowledge, and inclusion of such links and frames in the PromWorks, LLC Web site does not imply PromWorks, LLC's endorsement of the linked or framed sites or their content.

3. PromWorks, LLC's Property Ownership
The names PromWorks, PromWorks, LLC, PromWorks.com, and PromWorks, are all trademarks, service marks, and/or trade-names in the United States and other countries. The PromWorks Website and the PromWorks, LLC trade dress and trade packaging are trademarks and or service marks. All marks and trade-names are protected under state and federal law. PromWorks, LLC may claim other marks and related rights, at its discretion, in other items. PromWorks, LLC's trademarks may not be used in connection with any product or service that does not belong to PromWorks, LLC in any manner that is likely to cause confusion among customers, cause dilution to the marks, or in any manner that disparages, discredits, or otherwise harms PromWorks, LLC.

All content included on this site, including but not limited to text, graphics, logos, button icons, images, audio clips and software, is the exclusive property of PromWorks, LLC and protected by U.S. and international copyright laws. Any software used on this site is the property of PromWorks, LLC or its software suppliers and protected by U.S. and international copyright laws. The content and software on this site may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited.

By your use of the Website, you hearby transfer to PromWorks, LLC any rights you have in any thing you provide by using the Website, including but not limited to, photos or notes published. Further, you transfer to PromWorks, LLC any right you have to your likeness or any rights of publicity you may have which may include, but is not limited to, rights provided by federal or state law.

4. Privacy Policy
PromWorks, LLC is concerned about your right to privacy. When you visit our web site, we take steps to limit the dissemination of your information to what PromWorks, LLC in its sole discretion believes is reasonable. Where the item allows, we may attempt to allow you to control the level of dissemination. You shall assume that any information or items you upload may become available to the public at large. Further, by your use of the Website, you are explicitly allowing other to post items about you, photos or any item that even remotely relates to you. Further, we may use the information you provide us to send you special offers that we feel may be of interest and use to you.

Information provided for your purchase (including billing name, billing address, telephone number, fax number, and travel details of the reservation) will only be used in a confidential matter and only shared with the agents of PromWorks, LLC and our trusted third-parties. Payment information (credit card numbers and expiration dates) is treated confidentially and PromWorks, LLC will use its reasonable efforts to limit its dissemination to anyone except the financial institutions used to process payments.

We use encryption and software to protect your billing and credit card information. This technology makes it safer to transmit your credit card number over the Internet.

We will use your information to greater enhance the school experience, including but not limited to, use of your information in publications or other manners in PromWorks, LLC's complete discretion.

Your school, association, or an organization may provide us with your information to carry out whatever project or service for which they or you may have agreed with us. In addition, we will honor your request received via email, telephone or mail, to be excluded from some or all of our marketing efforts (e.g., receive mailing offers, but no telephone calls) associated with our products, or products being offered in conjunction with our standard products. In compliance with federal and state consumer protection policies we adhere to the law and respective codes of conduct on data privacy and will place the name, addresses and telephone numbers of individuals who request that PromWorks, LLC not contact them on a "Do Not Contact" list to further ensure your privacy and that of your personal data.

Please keep in mind that, whenever you voluntarily disclose personal information online, on message boards, through e-mail, or in chat and message boards, that information can be collected and used by others.

5. Notes and Photos Upload Policies
The following are guidelines for posting material on the PromWorks, LLC Notes and message page:

1. Because sensitive individuals may frequent our Message Boards, the use of profanity, vulgar language, antagonistic remarks and/or ethnic slurs is strictly prohibited.

2. Advertising of any outside web sites or placing outside web links on the message boards is strictly prohibited as well as the advertising or "hawking" of any products.

3. We encourage creative, original and thought-provoking discussions.

4. Keep in mind that dating and the activity of prom can be very stressful and important to many individuals. Handle all activities in chivalrous manner.

5. Any photos will be removed if PromWorks, LLC, in its complete discretion, deems it appropriate.

6. Any notes will be removed if PromWorks, LLC, in its complete discretion, deems it appropriate.

7. Anything will be removed if PromWorks, LLC, in its complete discretion, deems it appropriate.

Violators of this policy may be barred from access to the Website. Adherence to these guidelines will ensure that all who visit will enjoy their experience on the PromWorks, LLC Website.

6. Requirements of Use
In order to use the PromWorks, LLC services, you must complete all required information elements on the registration web pages. You must register a valid credit or debit card as a payment instrument to make a payment transaction and pay fees and other obligations arising from your use of our service. You must provide current, complete and accurate information and maintain it as current and accurate. We may require you to provide additional information as a condition of continued use of our services, or to assist in determining whether to permit you to continue to use our services. You authorize us to confirm that your payment instrument is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the payment instrument, in accordance with the relevant card association rules. You also authorize us to make inquiries to you or third-parties as we deem appropriate to evaluate your registration for or continued use of our services. We, in our sole and absolute discretion, may refuse to approve or may terminate existing registrations with or without cause or notice, other than any notice required by any applicable law, and not waived herein. By agreeing to this agreement, you represent that you are:

  • 18 years old or older, and if not, are using the website with your parents permission and authorization; and
  • Capable of entering into a legally binding agreement.

If you are a business entity, you also represent that you are:

  • Duly authorized to do business in the country or countries where you operate; and
  • Your employees, officers, representatives, and other agents accessing our services are duly authorized to access our services and to legally bind you to this Agreement and all transactions conducted under your username and password or by you.

We may limit or suspend your use of our services at any time, in our sole and absolute discretion. If we suspend your use of our services, we will attempt to notify you by electronic mail. Suspension of your use of our services will not affect your rights and obligations pursuant to this Agreement arising before or after such suspension.

7. Password Information
You are responsible for: 1) maintaining the confidentiality of your password, 2) any and all transactions by persons that you give access to or that otherwise use such email or password, and 3) any and all consequences of use or misuse of your Sign In information and password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security regarding the Service of which you have knowledge.

8. Use of Electronic Communications
We may communicate with you by means of electronic communications, including (a) sending electronic mail to the email address you provided during registration, or (b) posting notices or communications on a PromWorks, LLC Web site. You agree that we may communicate with you by means of electronic communications regarding the following: this Agreement (and revisions or amendments), notices or disclosures regarding our services, payment authorizations, and any other matter relating to your use of our service. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. Electronic communications shall be deemed received by you when we send the electronic communication to the email address you provided at the time of registration or as revised by you thereafter in accordance with this Agreement, or when we post the electronic communication on a PromWorks, LLC Web site. For those communications or records that we are otherwise required under applicable law to provide in a written paper form to you, you agree that we may provide such communications or records by means of electronic communications. The following additional terms will apply to such electronic communications: (a) you may contact us through info@PromWorks.com to request another electronic copy of the electronic communication without a fee; (b) you may request a paper copy of such an electronic communication, and we reserve the right to charge a fee to provide such paper copy; (c) you may contact us through the contact page to update your registration information used for electronic communications or to withdraw consent to receive electronic communications; and (d) we reserve the right to terminate your use of the our service if you decline or withdraw consent to receive electronic communications from us.

9. Disputes
PromWorks, LLC will provide various tools to assist you in communicating with us to resolve a dispute that may arise between you and PromWorks, LLC with respect to our services.

10. Refunds, Inquiries and Alleged Violations of this Agreement
If you believe your account has been opened or used in an unauthorized manner, please contact us. To contact PromWorks, LLC about web site terms of service and privacy issues, to report a violation of this Agreement, or to raise any other concern, contact us at:

Attn: Privacy Inquiries
6851 South Holly Circle, #100
Centennial, CO 80112

11. PromWorks, LLC is Not a Banking Institution
PromWorks, LLC is not a bank or other chartered depository institution. Funds held by PromWorks, LLC or its service providers (including any bank service providers) in connection with the processing of payment are not deposit obligations of you and are not insured for the benefit of you by the Federal Deposit Insurance Corporation or any other governmental agency.

12. Termination of Service
We may, in our sole and absolute discretion without liability to you or any third party, terminate your use of the our services for any reason, including without limitation inactivity or violation of this Agreement or other policies we may establish from time to time. Upon termination of your use of our services, you remain liable for all transactions and any other obligations you have incurred. Upon termination, we have the right to prohibit your access to the PromWorks, LLC Web site, or any of our services, including without limitation by deactivating your username and password, and to refuse future access to our services by you (or your relatives or known acquaintances or if a business entity, its parent, affiliates or subsidiaries or its or their successors).

13. Unclaimed Property
If we are holding funds due to you arising from a transaction processed through our services or otherwise, and we are unable to contact you and have no record of your use of our services for several years, applicable law may require us to report these funds as unclaimed property. If this occurs, we will try to locate you at the address shown in our records, but if we are unable to locate you, we may be required to deliver any such funds to the applicable state as unclaimed property. We reserve the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.

14. Indemnification
You agree to indemnify, defend and hold harmless PromWorks, LLC and its, subsidiaries and other affiliates, and its and their directors, officers, owners, agents, co-branders or other partners, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (collectively "Indemnified Parties") from and against any and all claims, demands, causes of action, debt or liability, including reasonable attorneys fees, including without limitation attorneys fees and costs incurred by the Indemnified Parties arising out of, related to, or which may arise from: (i) your use of the our service; (ii) any breach or non-compliance by you of any term of this Agreement or any of PromWorks, LLC's policies; (iii) any dispute or litigation caused by your actions or omissions; or (iv) your negligence or violation or alleged violation of any law or rights of a third party.

15. Other Provision
The failure of PromWorks, LLC to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and remain enforceable between the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This Terms of Service, including PromWorks, LLC's policies governing its services referenced herein, constitutes the entire agreement between PromWorks, LLC and you with respect to your use of its services. This Agreement is not intended and shall not be construed to create any rights or remedies in any parties other than you and PromWorks, LLC and other PromWorks, LLC affiliates which each shall be a third party beneficiary of this Agreement for you and PromWorks, LLC, and no other person shall assert any rights as a third party beneficiary hereunder.

 
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