Help / Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE PROGDB SERVICE. BY USING THE PROGDB SERVICE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE PROGDB SERVICE AND FOLLOW THE "Cancel" LINK.

1. Definitions

Content means any written text or other materials (including but not limited to software, music, images, videos, hyperlinks, and files).

Maslow means MaslowSchmaslow LLC and its officers, directors, employees, and affiliates.

PII means any personally identifying information of ProgDB users.

2. Authorized & Prohibited Uses

You agree to use ProgDB only for personal, non-commercial purposes. You agree that you will not use ProgDB:

  • for any unlawful and/or unauthorized purpose.
  • to send unsolicited email to ProgDB users.
  • to gather PII from ProgDB users for any use other than in connection with ProgDB.
  • to post, transmit, or otherwise distribute Content that is unlawful, harassing, defamatory, invasive of another’s privacy, or otherwise objectionable (as determined in Maslow’s sole discretion).
  • to post, transmit, or otherwise distribute Content that infringes the intellectual property, trade secret, and/or confidentiality rights of others.
  • to post, transmit, or otherwise distribute any material through ProgDB containing computer code, files, or programs designed to harm, interfere with, or alter the normal operation of ProgDB, or any other computer software or hardware.

You further agree that Maslow may deny, restrict, suspend, or terminate your access to all or any part of the ProgDB service at any time, for any or no reason, without prior notice or explanation, and without liability to you. In addition, your violation of the intellectual property rights of others will also result in termination of your access to ProgDB.

Maslow reserves the right, without prior notice or liability to you, to change any feature or functionality of ProgDB.

If you are using ProgDB on an evaluation basis, you may use ProgDB for a period of 30 days. Your access to ProgDB will automatically terminate at the end of the 30th day.

3. Content

Content posted, distributed, or displayed within or through ProgDB is user generated. Maslow does not screen, monitor, or edit such Content and shall have no obligation to you to do so. However, Maslow reserves the right, without prior notice or explanation, to refuse to post Content and/or to remove Content that in Maslow’s sole determination is in violation of these Terms of Use or is otherwise objectionable. You acknowledge and agree that Maslow shall have no responsibility for the accuracy, reliability, availability or appropriateness of Content, and that Maslow shall not be liable in any way to you or any other person for such Content. You therefore agree that any use of Content by you is solely at your own risk.

4. Posting Content

If you post, distribute, or otherwise make available, Content through ProgDB, you are solely responsible for ensuring that you have all necessary rights to do so. You are also solely responsible for ensuring that such Content does not violate the rights, including intellectual property rights, of others. When you post Content within or through ProgDB, you are granting Maslow a royalty-free, non-exclusive license to use, distribute, reproduce, publish, publicly perform and publicly display such Content within or through ProgDB in order to carry out the purpose for which you are posting the Content. This license shall last as long as necessary to carry out the purpose for which you are posting the content.

5. Disclaimer of Warranties

YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF PROGDB AND ANY CONTENT POSTED, DISTRIBUTED, OR DISPLAYED WITHIN OR THROUGH PROGDB IS ENTIRELY AT YOUR OWN RISK. PROGDB IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. MASLOW DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ALL WARRANTIES CONCERNING THE AVAILABILITY, USEFULNESS, QUALITY, OR ACCURACY OF CONTENT, AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

6. Limitation of Liability

YOU AGREE THAT IN NO EVENT SHALL MASLOW BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES AND EVEN IF MASLOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) YOUR USE OR INABILITY TO USE THE PROGDB SERVICE; (II) YOUR USE OF CONTENT POSTED, DISTRIBUTED, OR DISPLAYED WITHIN OR THROUGH PROGDB; (III) AND THIRD PARTY STATEMENTS OR CONTENT POSTED, DISTRIBUTED, OR DISPLAYED WITHIN OR THROUGH PROGDB. NOTWITHSTANDING THE FOREGOING, MASLOW’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, TO MASLOW FOR THE PROGDB SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF MASLOW IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE’S LAWS.

7. Indemnification

You agree to defend, indemnify and hold Maslow harmless against all loss, liability, damage, cost or expense (including reasonable legal fees) arising out of any third-party claim or suit relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the ProgDB service; (b) your use of the ProgDB service; and (c) any violation by you of these Terms of Use. This obligation shall survive the termination or expiration of these Terms of Use and/or your use of the Service.

8. General

Passwords Usernames

You agree that you will not disclose your ProgDB username or password to any third party and will not permit any third party to use or access your ProgDB account.

Member disputes

You understand and agree that Maslow has no obligation to become involved in disputes between you and other users of the ProgDB service. If you believe Content being displayed on or through the ProgDB service infringes your rights or the rights of someone else (for whom you have the authority to act) then please follow our DMCA Procedures.

Privacy

You acknowledge and agree that Maslow Privacy Policy (incorporated herein by reference) is also applicable to your use of the ProgDB service, and by using the ProgDB service, you expressly consent to the terms of, and agree to be bound by, said Privacy Policy.

Governing Law

These Terms of Use shall be governed by, and the construction and meaning of the terms and provisions contained herein shall be interpreted in accordance with, the laws of the State of California, as applied to agreements entered into within California between California residents. You and Maslow submit to and waive any objections to the exclusive jurisdiction of, and venue in, any of the following forums: U.S. District Court for the Northern District of California, California Superior Court for Santa Clara County, or any other forum in Santa Clara County, California for any litigation arising out of this Agreement.

Waiver & Severability

The failure of Maslow to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision or future enforcement thereof. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and all other provisions of these Terms of Use shall remain in full force and effect.

Entire Agreement

These Terms of Use constitute the entire agreement between you and Maslow with respect to your use of the ProgDB service and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding your use of the ProgDB service. Maslow may make changes to these Terms of Use, or its Privacy Policy, from time to time. By continuing to use ProgDB following such modifications, you agree to be bound by such modified Terms of Use and Privacy Policy. No Amendment to or modification of these Terms of Use by you shall be binding unless in writing and signed by a duly authorized representative of Maslow. Nothing herein shall give, or is intended to give, any rights of any kind to any third persons.

Updated: Sept 3, 2010