Records Management For The 21st Century

TERMS OF USE

 

Terms of Use and Privacy Policy

Date last revised 04/23/08

 
This Terms of Use and Privacy Policy (the “Policy”) is an agreement between you and Professional Records Management, Inc. (“PRM”), with its notice address at P.O. Box 54432, Atlanta, GA 30308, that governs your use of the PRM web site, located at www.PRMatlanta.com (the “PRM Site”).  You agree to read this Policy carefully before using the PRM Site.  Your use of the PRM Site signifies your agreement to the terms and conditions of the Policy set forth below.  If, however, you or your employer is a customer of PRM with a services agreement with PRM (“Your PRM Contract”), to the extent that the written terms of Your PRM Contract relates to certain areas of the PRM Site (for example, customer-only pages), Your PRM Contract shall supersede this Policy and govern your use of those certain areas.  In such a case, the Policy shall still govern your use of the PRM Site not governed by Your PRM Contract.

 
PRM reserves the right to change this Policy at any time, so we encourage you to review this web page periodically.  The changes will be effective immediately when posted.  Your use or continued use of the PRM Site following the posting of any changes to this Policy shall constitute your acceptance of the changed Policy.

 
 If you do not accept this Policy, you may not use the PRM Site.  

 
TERMS OF USE

 
All of the content on the PRM Site is subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by PRM.  PRM grants you a limited license to access and use the PRM Site for the limited internal business purpose of gathering information about PRM as a potential solution for your business.  You may not use the trademarks, service marks, trade dress and copyrighted material displayed on the PRM Site.  Other than as set forth above, PRM retains all right, title and interest in and to the PRM Site, including all copyrights, patents, trade secrets and trademarks, and reserves all rights not expressly granted herein.

 
You may not download (other than your computer’s automatic page caching) the PRM Site, or any portion of it, except with express written consent of PRM.  You also may not copy, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from any portion of the PRM Site.  You must abide by all trademark and copyright notices, information, or restrictions contained in or attached to any content or portion of the PRM Site.

 
Your license to access and use the PRM Site does not include any resale of or right to commercially use the PRM Site or its contents; any collection or use of any product listings, descriptions, or prices; any downloading or copying of account information for the benefit of another; or any use of data mining, robots, scraping, spiders or similar data gathering or extraction tools.  The PRM Site or any portion of the PRM Site may not be visited or otherwise exploited for any commercial purpose other than your internal business purposes without the express written consent of PRM.  You may not frame or utilize framing techniques to enclose any trademark, logo, copyright or other proprietary information (including images, text, page layout, or form) of the PRM Site without express written consent.  You may not use any meta tags or any other "hidden text" utilizing PRM’s name, domain name or trademarks without the express written consent of PRM.  Any unauthorized use terminates the permission or license granted by PRM.

 
You hereby agree to indemnify, defend and hold PRM, and all its officers, directors, owners, agents, employees, information providers, partners, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Policy, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim.  PRM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of PRM. 

PRM, may, in PRM's sole and absolute discretion, and without prior notice, change, suspend, or discontinue any aspect of the PRM site at any time, including the avaialbility of any PRM site feature, database, or content. PRM may impose limits on certain features and services or restrict your access to parts or all of the PRM site without notice or liability.

PRM may, at its sole discretion, offer links to websites of various service, product and information providers.  As these websites are not maintained or written by PRM, we do not guarantee or attest to the accuracy and completeness of the information obtained through these links.  Accordingly, PRM will not be held liable for decisions made based upon information on these linked websites.  These links should not serve as an endorsement for any particular provider’s capabilities or services, as PRM has no control over the quality, accuracy or comprehensiveness of the information obtained. 

You acknowledge that transmissions to and from the PRM site are not confidential and your communications may be read or intercepted by others.  You acknowledge that, by submitting communications to PRM, no confidential, fiduciary, contractually implied or other relationship is created between you and PRM other than pursuant to this policy or your PRM license, if any.

Although APRM attempts to ensure the integrity and accurateness of the PRM site, it makes no guarantees whatsoever as to the correctness or accuracy of the PRM site.  It is possible that the PRM site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the PRM site by third parties. In the event that an inaccuracy arises, please informPRM.  PRM reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the PRM site.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE PRM SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," AND PRM EXPRESSLY DISCLAIMS ALL REPESENTATIONS OR WARRANTIES OF ANY KIND RELATING IN ANY WAY TO THE PRM SITE OR ANY LINKED SITE, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.  YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PRM SITE, SITE-RELATED SERVICES AND ANY LINKED SITE.  PRM does not warrant that any material or functions in the PRM Site will be uninterrupted or error-free, that defects will be corrected or that the PRM Site or the server that makes it available is free of viruses or other harmful components.  PRM and its affiliates shall not be liable for the use of the PRM Site, including, without limitation, the content and any errors contained therein.


 
IN ADDITION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PRM AND ITS AFFILIATES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE PRM SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE PRM SITE.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PRM SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE PRM SITE AND/OR THOSE SERVICES.

 
By inputting data or engaging in any other form of communication (individually or collectively "Communications") to the PRM Site, you hereby grant to PRM a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against PRM for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.

 

This POLICY is entered into in the State of Georgia and shall be governed by and construed in accordance with the laws of the State of Georgia, exclusive of its choice of law rules.  Each party to this POLICY submits to the exclusive jurisdiction of the state and federal courts sitting in, OR HAVING JURISDICTION OVER, the County of Gwinnett in the State of Georgia, and waives any jurisdictional, venue, or inconvenient forum objections to such courts.  Any cause of action you may have with respect to your use of the PRM Site must be commenced within one (1) year after the claim or cause of action arises.  In any action to enforce this agreement, the prevailing party will be entitled to costs and attorneys' fees.  In the event that any of the provisions of this agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect.  Except to the extent Your PRM Contract governs your use of the PRM Site, this agreement constitutes the entire agreement between the parties hereto pertaining to your use of the PRM Site, and any and all written  or oral agreements heretofore existing between the parties hereto are expressly canceled.  

 
PRIVACY POLICY

 
Protecting your privacy is important to PRM.  We hope the following statement about the information we collect from the PRM Site will help you understand how PRM collects, uses and safeguards the personal information you provide to us on the PRM Site. 

 
Collection and Uses of Personal Information:  

 
PRM collects personally identifiable information about you from information you voluntarily provide when you register or use in the PRM Site.  We receive general contact information including, but not limited to, your name, address, telephone number, organization name and e-mail address.  We might monitor your use of the PRM Site through your IP address, computer settings or most recently visited URL.  We also may receive information about you from other sources, such as updated address information.  PRM may contact you about you or your company’s account status or changes to any policies relevant to you.

 
Subject to the additional uses listed below, in general, PRM only uses the information you provide to us for the purpose for which the information was provided, PRM’s internal use and/or to provide you with opportunities in which you might be interested.  For example, PRM uses the personal information gathered from the PRM Site to complete your requests and send you information about PRM.  This information may include, but is not limited to, notifications of new products and services from PRM or provided by companies with whom PRM has a relationship.  Users may opt-out of receiving future mailings from PRM and other entities by following the instructions set forth in the “Control of Personal Information” section below.  PRM also uses this personal information to help PRM create a more user-friendly website.  In order to periodically make enhancements to the PRM Site, PRM will use personal contact information to allow us to gauge the interests, needs and preferences of our customers or PRM Site users.  We use your IP address to help diagnose problems with our server and to administer our web site.  We might also use your personal information for product development, site tracking and analysis, marketing, advertising and customer support.

 
Disclosure of Personal Information:
 
We may also collect customer information on an aggregate basis and disclose the aggregate data to prospective partners or other outside parties.  Aggregate customer statistics are not personally traceable to you.

 
PRM may post collected data on the PRM Site or share, rent, sell or otherwise disclose data to third parties.  Any third party to which PRM shares, rents, sells or otherwise discloses personal data will be pre-screened by PRM, determined by PRM to be reputable, and will use the personal data for marketing products and services which PRM determines, in its sole judgment, that visitors might find of interest.  PRM will disclose to third parties only information knowingly and voluntarily disclosed by you.

 
Through the use of third party cookies, advertisers will be electronically notified when visitors view or click on its advertisements.

 
Other than as explained above, PRM will not disclose your personally identifiable information to outside parties except: (i) to the extent necessary to provide you with a service you purchased from PRM, which is provided by a third party under contract with PRM, (ii) when we believe in good faith that any applicable law, regulation, or legal process requires disclosure; (iii) when we believe disclosure is necessary to protect or enforce our rights or the rights of another customer; or (iv) under urgent circumstances to protect the personal safety of users or members of the public.  We may also provide information to governmental agencies or other companies assisting us in fraud prevention or investigation, when: (1) permitted or required by law; (2) attempting to protect you, another customer or PRM against actual or threatened fraud; or (3) investigating fraud that has already taken place.

 
Control of Personal Information:

 
To the extent that PRM uses personal identifiers (such as usernames and passwords) to verify your identity, maintain recordkeeping in our system, and for other purposes, it is your responsibility to safeguard this unique information so as not to allow unauthorized users to view personal information.

 
PRM allows you to change or modify the information you have previously provided to usUpon request via e-mail or postal mail, PRM will provide you with a summary of any of your personal information retained by PRM.  You may modify, correct, change, or update your personal record on PRM’s database.  PRM will only send personal records to the e-mail address on file for the visitor name associated with it.  Upon request, PRM will also remove your personal information from its database, thereby canceling your registration, if any, and your license and permission to use the PRM Site.  Unfortunately, to the extent such information is also stored in other databases, backup or storage devices, we cannot always ensure that such corrections or deletions will reach the other databases, backup or storage devices.  We will use all reasonable efforts to ensure that your information is removed from or corrected in our records.  

 
The PRM Site also provides you the opportunity to opt-out of receiving all marketing communications via your e-mail account from our partners or PRM.  To opt-out of these e-mails, change or modify your personal information or cancel your registration, please send an e-mail to JessicaSmith@PRMatlanta.com

 
Use of Cookies and Other Technology:

 
A cookie is a message that is sent to your browser from a web server and stored locally on your hard drive to help you navigate a web site as easily as possible.  We use cookies and other technology to recognize when you visit the PRM Site so that you do not need to re-enter all of your registration data at each connection, as well as to store and track customers’ preferences and uses of the PRM Site.  We also use cookies that contain no personal information.  These cookies help us estimate the number of customers using our PRM Site, determine which areas of the PRM Site are the most appealing and serve targeted advertising.  The use of such technology is now common throughout the industry and you will encounter them on most web sites.  You may adjust your browser setting to reject all cookies; however, please note that if you do so, PRM may prohibit you from participating in certain services or promotions, and your use of the PRM Site may be impeded.  

 
We may also use technology such as clear GIFS on the PRM Site to help us better manage content on the PRM Site.  We also may use clear GIFS in our HTML-based emails to let us know which emails have been opened by recipients.  This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns.  If you would like to opt-out of these emails, please see the “Control of Personal Information” section. 

 

Some of our business partners (e.g., advertisers) may use cookies or similar technology on the PRM Site.  We have no access to or control over these cookies.  This privacy statement covers the use of cookies by the PRM Site only and does not cover the use of this technology by any of PRM’s business partners who may use cookies or similar technology on the PRM. 

Third Parties:


 
The ads appearing on the PRM Site are delivered to users by our advertising partners.   We share web site usage information about users with a reputable third party for the purpose of targeting our Internet banner advertisements on the PRM Site.  Our partners may use cookies and clear GIFs on this site, which would allow the partner to recognize a user's cookie when a user visits this site. The information that any partner collects and shares through this technology is not personally identifiable.  

 
To learn more about the choices available to you regarding this anonymous information, please see the section entitled “Control of Personal Information.”  

 
The PRM Site may contain links to other web sites.  PRM is not responsible for the privacy practices or the content of such web sites. Please check the privacy policies on the linked site before disclosing information to anyone.

 
Information about Children:

 
We do not knowingly collect personally identifiable information from children under the age of sixteen (16) without a parent or guardian’s consent.  If a parent or guardian contacts us at JessicaSmith@PRMatlanta.com to inform us that an underage child has provided us personal information without their consent, PRM will remove the information about the child from our marketing database in accordance with procedures mentioned under the section entitled “Control of Personal Information.”

 
General Comments on Privacy:

 
While PRM has endeavored to create a reliable site for its customers, PRM cannot ensure or warrant the security or confidentiality of any information customers transmit to and from the PRM Site. When disclosing any personal information, you should remain mindful that the information is potentially accessible to the public, and consequently, can be collected and used by others without your consent. 

 
 

You are the ultimate controller of personal information. You are solely responsible for maintaining the secrecy of any password used to log in, if any, and you should always be mindful and responsible whenever disclosing information online.  PRM will use all commercially reasonable efforts to safeguard the privacy of your personal information, whether in electronic or tangible form.  However, transmissions made by means of the Internet cannot be made completely secure. 

 
California Privacy Rights:

 
Once a calendar year, California residents who provide personal information in obtaining products or services for household use are entitled to request and obtain from PRM information about the customer information that we shared, if any, with other businesses for their direct marketing uses, such as the types of information shared and the names and addresses of those businesses for the prior calendar year.  To request such information, please contact us at JessicaSmith@PRMatlanta.com

 

 
Contact Us:

 
Feel free to contact us at JessicaSmith@PRMatlanta.com

 
 

 

TERMS OF USE

Copyright 2008 Professional Records Management. All rights reserved

Home   About Us   Features & Benefits   Contact Us    Links    Customer Login