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POLICY

THINKING GLOBAL, ACTING LOCAL
Updated August 2012

Program Design Solutions is proud to uphold the highest standards of professionalism, ethics, conduct, social progressiveness, community involvement and human rights.

 

We have many policies in place to define, guide and protect the rights of our customers, clients and employees. Follow this link for a statement from our Vice President on our Company-wide Privacy Guidelines.

 

To lead is the difference between being a team player and being a team leader. If it's not important until it's important to someone else, if the only thoughts you have are those you have heard, then you can't say you are a leader. If all you do is mirror competitors' trends and agree with everything someone, you are not an innovator.

 

It takes true managerial courage and entrepreneurship to swim against the current or take a point out in front of the pack.

 

For our Privacy Policies, please review these topics in the sections below: 

 

 

GLOBAL PRIVACY POLICY

At Program Design Solutions, helping you control your privacy and the protection of personal information is among our primary concerns. That is why, when you choose to partner with Program Design Solutions, we help you maintain control over your personal information, your business intellectual property and your company. Below are the guidelines we use for protecting any information you provide us during your experience with our company, whether that experience is through the use of our web sites, products and other services, speaking with you over the telephone, or working directly with our teams.

We also want you to be aware that we take careful measures surrounding the information that you provide through any of our online offerings such as purchases, surveys, e-mail or support.

 

 

We may ask you to provide personal information when you:

  • Use our web site
  • Request quotes, services, support, or information
  • Place orders for products or services
  • Apply for credit card or financing
  • Participate in surveys, sweepstakes, or other promotional activities
  • Subscribe to newsletters, promotional e-mails, or other materials for a job, or create a profile; or
  • Contact us

Information we may request includes your e-mail address, name, home address, and telephone number. If you make a purchase, we may ask for your credit card number and billing information. We may also ask for your Social Security number and other data to process your credit or financing request. Job applicants may be requested to provide information such as educational background, employment experience, and job interest. We may also collect demographic information, such as your business or company information, age, gender, interests, preferences and favorites. Any forms that you may fill in will indicate whether information requested is mandatory or voluntary.

 

We may collect information about your visits to our web sites, including the pages you view, the links you click, search terms you enter, and other actions you take in connection with the Program Design Solutions website and services. We may also collect certain information from the browser you used to come to our web site, such as your Internet Protocol (IP) address, browser type and language, access times, the Uniform Resource Locator (URL) of the web site that referred you to our web site and to which URL you browse away from our site if you click on a link on our site.

 

When you receive newsletters or promotional e-mails from Program Design Solutions, we may use Web beacons, customized links or similar technologies to determine whether the e-mail has been opened and which links you click. The data is used to help us determine the effectiveness of our communications with you, and to provide you with more focused communications.

 

A Web beacon is an electronic image that can be used to recognize a cookie on your computer when you view a Web page or e-mail. Web beacons help us measure the effectiveness of our web site and our advertising in various ways, for example, by counting the number of individuals who visit our web site from a particular advertisement or make a purchase from our web site after viewing a particular advertisement as well as by telling us when a Web page is viewed and providing a description of the page where the Web beacon is placed. Web beacons also help us measure the effectiveness of our e-mail campaigns, for example, by counting the number of individuals who open or act upon an e-mail message, determining when an e-mail message is opened and determining how many times an e-mail message is forwarded.

In order to offer you a more consistent and personalized experience in your interactions with Program Design Solutions, information collected through one source may be combined with information obtained through other Program Design Solutions resources. We may also supplement the information we collect with information obtained from other parties as well.

 

Some Program Design Solutions services may be co-branded and offered in conjunction with another company. If you register for or use such services, both Program Design Solutions and the other company may receive information collected in conjunction with the co-branded services, and may use the information according to each company's privacy statement and other agreements with you.

 

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SCOPE

This summary provides highlights of the full Program Design Solutions Global Privacy Policy and applies to Program Design Solutions and its business affiliates ("we" or "our") but not to those Program Design Solutions corporate affiliates that operate and have published their own privacy and security policies, including but not limited to Program Design Solutions Small Business Service Center, and our Financial and Legal business units. This privacy statement also does not apply to the web sites of our business partners or to any other third parties, even if their web sites are linked to our web site. We recommend you review the privacy policies of each web site you visit.

This privacy statement governs only personal information we collect from our customers and online from our web site users ("you"), through Program Design Solutions products, services, software, web sites, contacts or our relationship with you. To protect you, your business intellectual property, your company and Program Design Solutions, we will require and maintain a copy of your Confidentiality Agreement (written or electronic), at our main office or other storage facility as deemed necessary to properly protect such information.

For the purposes of this privacy statement, "corporate affiliates" means any entity or joint venture that is wholly or partially owned or controlled by Program Design Solutions "Business partners" means any subcontractor, vendor or other entity with whom we have an ongoing business relationship to provide products, services, or information. "Personal information" means information which identifies you, such as your name, telephone number, and e-mail address. In some cases, the policy may be tailored to account for variances in law in a particular country. However, this policy is intended to be global in nature.

 

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INFORMATION WE COLLECT

We collect the information you give us in order to provide you better products and services, inform you about our products and fulfill your orders and service requests.

We may work with consumer marketing companies to help us better target and tailor our services and product communications to you.

 

We may use cookies and other Internet technologies to manage our web sites and e-mail programs, to offer you personalized experiences and to help us manage our web sites.

 

When you access our web sites, we may log your IP address in our web server logs. We also collect related information such as browser type, operating system, and Web pages visited to help manage our web sites.

 

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HOW WE USE PERSONAL INFORMATION

We use personal information to deliver the services and support, or to carry out the transactions you have requested.

 

We may use the information collected to send communications to you, such as your transactions status (for example, order confirmations), information about products and services available from Program Design Solutions and its corporate affiliates, promotional offers, and surveys.

 

We may use the information to customize, analyze, and improve our products, services (including our web site), technologies, communications and relationship with you.

 

We may use the information to enforce our conditions of sale, web site terms and/or separate contracts (if applicable) with you.

 

We use information to prevent fraud and other prohibited or illegal activities.

 

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YOUR CHOICES

You may instruct Program Design Solutions to stop sending you certain promotional materials (e.g., e-mail messages, catalogues) by following the unsubscribe instructions provided in our materials.

 

Click here (sales@programdesignsolutions.com) to unsubscribe from (opt out of) direct mail, telephone, fax or e-mail communications. State "REMOVE" in the Subject Field.

 

You may contact Customer Service (support@programdesignsolutions.com) to correct or update your personal or company information.

 

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PROTECTING PERSONAL INFORMATION

We understand the importance of ensuring that your personal information is secure and protected. We use a variety of security technologies and procedures to help protect personal information from unauthorized access, use, and disclosure, such as three tier firewalls, encryption and other safety measures.

Our clients should be just as safety conscious, on their side, to protect sensitive personal data from malicious attacks. More information can be found on the following websites:
Federal Trade Commission (http://www.ftc.gov/infosecurity )
US Government Accountability (http://www.gao.gov/new.items/d08343.pdf )
FTC Identity Theft Site (http://www.ftc.gov/bcp/edu/microsites/idtheft/ )

 

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DISCLOSING PERSONAL INFORMATION

We share your personal information with corporate affiliates to carry out transactions you request or to make our business or that of our corporate affiliates more responsive to your needs.

 

We may share your personal information with business partners that help Program Design Solutions carry out transactions you request or that help Program Design Solutions to customize, analyze and/or improve our communications or relationship with you, and then only with business partners who share Program Design Solutions' commitment to protecting your personal information.

 

We may disclose your personal information in connection with law enforcement, fraud prevention, or other legal action as required by law or regulation, or if Program Design Solutions reasonably believes it is necessary to protect Program Design Solutions, its customers or the public.

 

Except as described above, we will not disclose your personal information to other third parties unless you have provided consent.

 

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OTHER IMPORTANT INFORMATION

Program Design Solutions is committed to working with you to obtain a fair resolution of complaints or concerns about privacy.

 

We comply with data protection laws in the countries in which we do business, and we cooperate with data protection authorities and law enforcement agencies.

 

For a summary of our corporate-wide privacy guidelines, see our Public Statement.

 

At Program Design Solutions, your questions, comments and feedback are very important to us.

For privacy-related issues, please contact us at:
legal@programdesignsolutions.com

 

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DIVERSITY

As defined by Cornell University, workplace diversity is a people issue, focused on the differences and similarities that people bring to an organization. It is usually defined broadly to include dimensions beyond those specified legally in equal opportunity and affirmative action nondiscrimination statutes. Diversity is often interpreted to include dimensions which influence the identities and perspectives that people bring, such as profession, education, parental status and geographic locations.

As a concept, diversity is considered to be inclusive of everyone. In many ways, diversity initiatives complement nondiscrimination compliance programs by creating the workplace environment and organizational culture for making differences work. Diversity is about learning from others who are not the same, about dignity and respect for all, and about creating workplace environments and practices that encourage learning from others and capture the advantage of diverse perspectives.

 

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DIVERSITY OF THOUGHT IS NOT DIVERSITY AT ALL

Diversity is more than your child goes to a different private school or whether you prefer Beluga or Osetra caviar over Sevruga. Many who claim diversity, yet are resistant to it, use thought as a way to keep non-diversity out of the boardroom, executive offices or other aspects of the company.

Diversity of Thought is not a loophole out of inclusivity. It is more synonymous to "Resistance to Change."

"That which does not change, does not evolve. That which does not evolve is doomed to extinction."  ~ B. Mason

Program Design Solutions is a company delivering progressive solutions to complex business challenges. Technology, marketing and branding begins with innovation, which is fueled by creativity and diversity. Diversity is more than a thought." It is action. At Program Design Solutions, differences between individuals are appreciated for the value they bring to our business, processes, products and services.

Creating an environment that embraces diversity is critical to our success and to maintaining our reputation as a workplace of choice. We address our commitment to diversity through a robust recruiting program, community outreach, professional development, career opportunities, flexible workplace initiatives and a work environment of tolerance.

 

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COMMUNITY INVOLVEMENT

Below are examples of Program Design Solutions' diversity involvement.

Program Design Solutions participates in the school based Big Brothers/Big Sisters Hispanic Mentoring program.

We have been a proud participant in the Columbus United Negro College Fund Walk-a-thon.

Program Design Solutions participates in Project Mentor, a Big Brothers/Big Sisters-Columbus Board of Education initiative to place inner-city youth with professionals as mentors and role models.

Program Design Solutions sponsors a Global Unity Day, a luncheon where employees are encouraged to dress in native or traditional attire and prepare native and traditional foods for an International Luncheon.

Mentoring, funding scholarships, supporting walkers and joggers for charities, car washes, cookie sales,  supporting fund raisers, providing meals to the homeless and donating time and money are just a few examples of Program Design Solutions' support for our communities and doing the right thing. We are a talented and energetic bunch, and when it comes to volunteering, Program Design Solutions tries to help.

We believe we have a social responsibility to give back to the communities where we live and work. Advancing financial education for future generations is a primary effort for us and we actively support financial education for middle school children. We hope to expand that to grades K-12, as we grow in employee numbers and our ability to contribute more financial.

We support charitable and civic organizations in our major locations. As a company, Program Design Solutions encourages volunteerism by matching pledges when employees participate in charitable fundraising walks and runs.

Here are some examples of the community groups Program Design Solutions and our employees support and have had involvement:

 

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VALUES AND CULTURE

What are Program Design Solutions' core values? There are five  core values: honesty and integrity; accountability without excuse; company without doors; environment without fear and customers are our reason we strive.

Program Design Solutions' value of honesty and integrity means that employees take a personal ownership to uphold the company's reputation. As such, employees choose to do the right thing and tell it like it is.

Accountability without excuse means no one is hindered from receiving reward for their ideas and efforts, and no one is beyond reach to be sheltered from bad decisions and actions.

The company without doors value focuses on open and candid discussions; title and position does not mean omniscience. This reinforces that when all the cards are on the table and all information is available to everyone - the right decisions can be made.

An environment without fear speaks to our principle that people are where they are because of what they know, not who they know. Program Design Solutions hires directors and leaders, not managers and bosses. Given the environment of honesty and trust, individuals can manage themselves. It takes wisdom and foresight to the future to direct and lead.

Customers are our reason we strive means the company exists to provide services and products at a level of quality that continually brings them back. It is our reason for being in existence to do whatever it takes to satisfy the customer. We go the extra mile to do what's right for the customer, because ultimately, that customer is counting on us to come through for them. If we do this, the company will be prosperous. When you reverse that and place making money over providing quality to the customer, that is when businesses start to fail. Program Design Solutions® understands that without customers there is no business and, without its loyal employees, it cannot provide those services and products. Therefore, the company exists for the customer and employees, not the other way around. This is a basic shift in paradigm.

There are dozens of stories in the company of employees working extra hours, coming up with innovative solutions and getting answers when there didn't appear to be any, all to help our customers. Program Design Solutions' core values come from the people working here, and those values remain consistent over the long haul, even as markets, strategies and goals change.

Our employees had input into what our sustaining core values are.

We value personal responsibility and initiative. No one stands over you. We are all professional and we know our job responsibilities and reason for being on the team. It's your responsibility to dive right in, ask questions and tackle the tasks at hand. No one takes the credit for your work. We know the director didn't program "that application." Therefore, you will get the raise or bonus.

At Program Design Solutions, we're relaxed yet professional. This isn't high school. Professional maturity does not mean cold and indifferent. Favoritism is frowned upon. We are incredibly focused and committed. We appreciate and encourage diversity in our workforce and understand the value added to the work environment and the business when contributions are made from a variety of viewpoints and experiences.

Our founder highly values diversity, in all its forms. Diversity of thought is an excuse to avoid true diversity of race, creed, color, religion, gender, preference, ability, intellect, talent, stature, dexterity, physique, etc. He dislikes "Yes-Men." He already agrees with himself. That's just one more redundant person on the payroll that's not needed.

He encourages a health challenge to do better.

We are picky about our employees and contractors. When you work at Program Design Solutions, you're working with some of the smartest people on the planet.

"I find that companies that have strong, deeply rooted core values that are firmly embraced by all of its employees and leadership, and personified, articulated and reflected in its executives are the companies that endure with a sterling image of high integrity, morality in conduct, governance and stewardship, and surpassing quality of service and products in the marketplace." - Brian Mason, Business and IT Development

 

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CONFIDENTIALITY AGREEMENT

It is understood and agreed to that the Discloser and the Recipient would like to exchange certain information that may be considered confidential. To ensure the protection of such information and in consideration of the agreement to exchange said information, the parties agree as follows:

1.     The confidential information to be disclosed by Discloser under this Agreement ("Confidential Information") can be described as and includes:

Technical and business information relating to Discloser's proprietary ideas, patentable ideas copyrights and/or trade secrets, existing and/or contemplated products and services, software, schematics, research and development, production, costs, profit and margin information, finances and financial projections, customers, clients, marketing, and current or future business plans and models, regardless of whether such information is designated as "Confidential Information" at the time of its disclosure.

In addition to the above, Confidential Information shall also include, and the Recipient shall have a duty to protect, other confidential and/or sensitive information which is (a) disclosed by Discloser in writing and marked as confidential (or with other similar designation) at the time of disclosure; and/or (b) disclosed by Discloser in any other manner and identified as confidential at the time of disclosure and is also summarized and designated as confidential in a written memorandum delivered to Recipient within thirty (30) days of the disclosure.

2.     Recipient shall use the Confidential Information only for the purpose of evaluating potential business and investment relationships with Discloser.

3.     Recipient shall limit disclosure of Confidential Information within its own organization to its directors, officers, partners, members and/or employees having a need to know and shall not disclose Confidential Information to any third party (whether an individual, corporation, or other entity) without the prior written consent of Discloser. Recipient shall have satisfied its obligations under this paragraph if it takes affirmative measures to ensure compliance with these confidentiality obligations by its employees, agents, consultants and others who are permitted access to or use of the Confidential Information.

4.     This Agreement imposes no obligation upon Recipient with respect to any Confidential Information (a) that was in Recipient's possession before receipt from Discloser; (b) is or becomes a matter of public knowledge through no fault of Recipient; (c) is rightfully received by Recipient from a third party not owing a duty of confidentiality to the Discloser; (d) is disclosed without a duty of confidentiality to a third party by, or with the authorization of, Discloser; or (e) is independently developed by Recipient.

5.     Discloser warrants that he/she has the right to make the disclosures under this Agreement.

6.     This Agreement shall not be construed as creating, conveying, transferring, granting or conferring upon the Recipient any rights, license or authority in or to the information exchanged, except the limited right to use Confidential Information specified in paragraph 2. Furthermore and specifically, no license or conveyance of any intellectual property rights is granted or implied by this Agreement.

7.     Neither party has an obligation under this Agreement to purchase any service, goods, or intangibles from the other party. Discloser may, at its sole discretion, using its own information, offer such products and/or services for sale and modify them or discontinue sale at any time. Furthermore, both parties acknowledge and agree that the exchange of information under this Agreement shall not commit or bind either party to any present or future contractual relationship (except as specifically stated herein), nor shall the exchange of information be construed as an inducement to act or not to act in any given manner.

8.     Neither party shall be liable to the other in any manner whatsoever for any decisions, obligations, costs or expenses incurred, changes in business practices, plans, organization, products, services, or otherwise, based on either party's decision to use or rely on any information exchanged under this Agreement.

9.     If there is a breach or threatened breach of any provision of this Agreement, it is agreed and understood that Discloser shall have no adequate remedy in money or other damages and accordingly shall be entitled to injunctive relief; provided however, no specification in this Agreement of any particular remedy shall be construed as a waiver or prohibition of any other remedies in the event of a breach or threatened breach of this Agreement.

10. This Agreement states the entire agreement between the parties concerning the disclosure of Confidential Information and supersedes any prior agreements, understandings, or representations with respect thereto. Any addition or modification to this Agreement must be made in writing and signed by authorized representatives of both parties. This Agreement is made under and shall be construed according to the laws of the State of Ohio, U.S.A. In the event that this agreement is breached, any and all disputes must be settled in a court of competent jurisdiction in the State of Ohio, U.S.A.

11.      If any of the provisions of this Agreement are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole.

 

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PRIVACY POLICY

Program Design Solutions has a deep commitment to your personal security. We take your privacy very seriously. We never sell your personally identifiable or contact information to outside persons or entities.

 

OUR COMMITMENT TO PRIVACY

Our Privacy Policy was developed as an extension of our commitment to combine quality products and services with integrity in dealing with our users. The Policy is designed to assist you in understanding how we collect, use and safeguard the personal information you provide to us and to assist you in making informed decisions when using our site and our products and services.

 

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WHAT INFORMATION DO WE COLLECT?

When you visit our site you may provide us with two types of information: personal information you actively choose to disclose ("Active Information") and use information collected, in a way not visible to you, on an aggregate anonymous basis as you and others browse our site ("Passive Information").

 

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NO USE OF OUR SITE BY PERSONS UNDER 13

No person under 13 should disclose information on this site. You may learn more about protecting children's privacy online by visiting:
www.ftc.gov/privacy/privacyinitiatives/childrens.html

Active Information You Choose to Provide

As a client, we require you to disclose the following information:

Name

Address

Phone Number

and if applicable:

Company Name

Title

501(c)(3) Certificate and Seal

 

If we are acting as your Third Party Designee, at the appropriate time, we will require your: Employer Identification Number (EIN) or Social Security Number (SSN)

We use secure socket layer (SSL) encryption to protect the transmission of the information you submit to us when you use our secure online forms. The information you provide to us is stored securely.

If you choose to post information on our site or maintain e-mail, snail mail or telephone contact with us, we may retain such information also and its transmission via e-mail is not secured.

 

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PASSIVE INFORMATION WE COLLECT

What is a Cookie?
Cookies are a feature of web browser (Internet Explorer, Netscape Navigator, etc.) software that allows web servers to recognize the computer used to access a site. They are small pieces of data that are stored by a user's web browser on one site to simplify subsequent interactions with that site by the same user or to use the information to streamline the user's transaction on related web pages. This makes it easier for a user to move from site to site and to complete transactions over the Internet. Cookies should make your online experience easier and more personalized.

Our site utilizes cookies to collect information about how our site is used. Passive Information gathered may include the date and time of visits, the site pages viewed, time spent at our site, the sites visited just before and just after our site. If you do not wish to transmit "cookie" information about yourself, you may turn off the cookie function in your web browser; please consult the "Help" section of your browser to correctly do so.

Our site's servers also automatically identify your computer by its Internet Protocol address which is a unique string of numbers that is assigned to your computer by your Internet Service Provider. Your IP address may be used to address problems with our server or administer our site or to gather broad demographic information about our users.

We passively collect your IP Address.

How Do We Use the Information Collected?
Broadly speaking, persons we employ directly, or as contractors or agents at our direction, use Active Information for purposes of administering our business activities, providing customer services such as support, and making available other products or services we think may be of interest to our users. We may use the Active Information or Passive Information you provide to us to contact you about changes to our site, new services, features or products we offer, or other information we think you shall find valuable. If at any time you do not wish to receive such information, you may "opt-out" of doing so by sending an e-mail. to us at:
quality@programdesignsolutions.com.

We use Passive Information to gather information about our users and to enhance and design our site to make it easier, faster and friendlier to use. Additionally, cookies help us know information about how many people visit our site, when they visit and how they use our service. Passive Information may result in your viewing of particular advertising based on your user habits for your viewing on our site and a shopping experience customized to you in content, services and goods.

 

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INFORMATION RELATIONSHIP

Your Information In Relation to Others We Link To

Knowledge is power and information is good. We provide links to other sites as a source of greater information on content pertaining to other information we deem insightful or beneficial. We provide these links merely as a courtesy. You may be able to access other websites through our site. When you do so you are doing so subject to their policies regarding privacy and data collection and you should read those sites' privacy policies to make sure you agree to them before using such sites. When you choose to shop at such sites, you should read their privacy policies to make sure you agree to them before making purchases.

 

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SHARING INFORMATION

Sharing Information with Advertisers or Other Third Parties
We may disclose anonymous information about user habits, characteristics and user patterns, based on aggregate user statistics to advertisers on our site. The parties who perform services for us (credit card processors, merchant bank, our Internet Service Provider) may also have access to your information in performing such services. Should we buy or sell assets of our company, another company may need to review our company's assets, including your information, to make business decisions as to whether to acquire such assets.

 

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GOVERNMENT

Sharing Information with the Government or As Otherwise Required by Law

We may be required by subpoena, law or government agency to disclose both Active and Passive Information you have provided to us.

 

How Do We Secure Active Information and Passive Information?

We secure your personal information submitted by you by using reasonable efforts to prevent unauthorized access or disclosure, or accidental loss or destruction of Active Information and Passive Information. Your postings on this site and other communications you may have with us via e-mail or snail mail may not be secure unless we advise you that security measures are in place prior to your sending information. Therefore, if you choose to communicate with us through these means, you are assuming the risk of doing so and we request that you do not send or post sensitive information through these means.

 

How Can You Choose Not to Receive Information About Products or Services By Us or to Correct, Delete or Access Your Information?

If you desire not to receive information about products or services we think may be of interest, you can change the notification options in your account settings.

If you wish to access, delete or correct your information, please send an e-mail to:
quality@programdesignsolutions.com .

 

YOUR USE OF OUR SITE MEANS THAT YOU ARE ACCEPT THE PRACTICES SET FORTH IN THIS POLICY. WE RESERVE THE RIGHT TO MAKE CHANGES TO THE POLICY BY POSTING THE NEW VERSION WITH A NEW EFFECTIVE DATE. YOUR CONTINUED USE INDICATES YOUR AGREEMENT TO THE CHANGES.

 

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USER AGREEMENT

("Agreement")

In today's era of electronic communication, Program Design Solutions extends this website as an informational courtesy. We reserve the right to change content, adjust pricing, modify, enhance, change, discontinue, add or delete certain products and services, dissolve affiliations, associations, contracts and agreements, and alter, omit or append any other items to reflect changes or shifts in our customer, the market or global community, without notice.

 

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ACCEPTANCE OF TERMS THROUGH USE

By using this site or by clicking "I agree" to this Agreement, you ("User") signify your agreement to these terms and conditions. If you do not agree to this Agreement please do not use this site and do not click "I agree," "Submit," "Send," or "OK," where applicable. Please check this Agreement periodically for changes as the owner of this site Program Design Solutions® ("Company") reserves the right to revise this Agreement and your continued use of this site following the posting of any changes to the Agreement constitutes acceptance of such changes. The Company reserves the right to terminate a User's use of this site at any time without notice and may do so for any breach of this Agreement or the instructions on this site by User. This Agreement applies to licensors and advertisers as well.

 

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YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE THIS SITE

This Agreement must be completed, understood and agreed to by a person over 18. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use this site, he or she should e-mail the Company with his or her explicit permission and acceptance of full legal responsibility for the minor to do so. If you are not yet 18 or are accessing this site from any country where material on this site is prohibited or illegal, please leave now as you do not have permission to access this site.

 

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LICENSE TO USE THIS SITE

Upon your agreement to this Agreement, the Company hereby grants you a non-exclusive, non-transferable limited license to use this site in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on this site. You agree not to make any false or fraudulent statements in your use of or to gain access to this site. You acknowledge and agree that all content and services available on this site are property of the Company and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by the Company, its advertisers and licensors. You agree to pay for any and all purchases and services made using your name and credit card through this Site, not to challenge any such charges and to pay for all collections and/or attorneys fees resulting from any non-payment.

 

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LICENSE RESTRICTIONS

Use

 

Except as may be explicitly permitted through this site, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Company is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.

 

Security

 

You agree that if you are issued a Username and Password by the Company, you shall use your best efforts to prevent access to this site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying the Company immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a Username and Password not easily guessed by a third party.

You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that the Company shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.

 

International Users

 

Accessing this site, and services, products or contents available on this site, except as expressly allowed through instructions and truthful statements by the User in regard to use of this site, from places outside the U.S. or where their contents are illegal, is prohibited. Those who choose to access this site from other locations do so knowingly on their own initiative and voluntarily at their own risk and are responsible for compliance with local laws. None of the information on this site may be downloaded, exported or reexported into Libya, Iraq, North Korea, Cuba, the National Union for the Total Independence of Angola (UNITA), Iran, Syria, Sudan, Burma (Myanmar), Serbia, the Taliban, Sierra Leone, Liberia, designated Terrorists and international Narcotics Traffickers, Foreign Terrorist Organizations, and/or designated foreign persons who have engaged in activities related to the proliferation of weapons of mass destruction or any other country with restrictions imposed by the U.S. Government. By using this site, you agree that you are not a citizen of or a resident in any of these countries or an enemy combatant of the United States of America or its allies.

 

Export

 

You agree that you shall comply with all applicable export and import control laws and regulations in your use of this site, or materials or services received through this site, and, in particular, you shall not export or re-export anything on or received through this site in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.

 

Government Use

 

If you are a branch or agency of the U.S. Government, the following provision applies. This site, code, contents, services and accompanying documentation are comprised of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (Sept 1995) and are provided to the Government (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (Jun 1995) and 227.7202-3 (JUN 1995). Unpublished rights reserved under the copyright laws of the United States.

 

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USER'S LICENSE GRANT TO SITE

Except with regard to personal information, all information which you post on this site or communicate to the Company through this site (collectively "Submissions") shall forever be the property of the Company. You agree to the Site Submission Rules found here as part of this Agreement if provided on the site by the Company. The Company shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Company services or products. Without limitation, the Company shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party.

 

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TRADEMARKS

The Company's, licensors' or other third party materials, services or products referenced on this site are common law or registered trade marks or service marks of such parties.

 

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THIRD PARTY SITES

You may be transferred to online merchants or other third party sites through links or frames from this site. You are cautioned to read such sites' Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of the Company, are not monitored or reviewed by the Company, and the Company is not aware of the contents of such sites. You acknowledge that the Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. The inclusion of such a link or frame does not imply endorsement of this site by the Company, its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that the Company and its licensors have no liability whatsoever from such third party sites and your usage of them.

 

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DISCLAIMER OF WARRANTIES

THE COMPANY, ITS ADVERTISERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. ALL INFORMATION AND USE OF THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE, INCLUDING ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVE THROUGH THIS SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. USER AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.

 

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LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.

 

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INDEMNIFICATION

 

You agree to defend, indemnify, and hold harmless the Company, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. The Company reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defenses.

 

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LEGAL COMPLIANCE

The company may suspend or terminate this Agreement or User's use immediately upon receipt of any notice which alleges that User has used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, Company may disclose the User's identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and Company shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Company for such disclosure.

 

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CHOICE OF LAW AND FORUM>

This site (excluding third party linked sites) is controlled by the Company from its offices within the State of Utah, U.S. of America. It can be access from all 50 states as well as from other countries around the world to the extent permitted by site. As each of these places has laws that may differ from Utah, by accessing this site, both you and the Company agree that the statues and laws of the Utah shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. You and the Company also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Utah and any legal proceedings shall be conducted in English. The Company makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.

 

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MISCELLANEOUS

This Agreement incorporates by reference the Site Submission Rules if this site allows posting and posts such Rules. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of the Company. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law. User shall not assign or transfer this Agreement and any such transfer shall be void.

 

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SITE SUBMISSION RULES

By using thefeatures of this site that allow you to post or otherwise transmit information to or through this site, or which may be seen by other users, you agree that you shall not upload, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, video, software, images, sounds, data, or other information -- that involvement:

  • Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, sexually explicit or graphic, or otherwise in violation of this site's rules or policies;
  • Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • Infringes any patent, trade mark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party;
  • Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  • Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
  • Impersonates any person or entity, including any employee or representative of this site, its licensors or advertisers.

You also agree that you shall not harvest or collect information about the users of this site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications for any other commercial purpose of your own or a third party.

You further agree that you shall not solicit or collect information, or attempt to induce any physical contact with, anyone 18 years old or younger without appropriate prior verifiable express parental consent.

This site generally does not pre-screen, monitor, or edit the content posted by users of this site. However, this site and its agents have the right, at their sole discretion, to remove any content that, in this site's sole judgment, does not comply with the Site Submission Rules or is otherwise harmful, objectionable, or inaccurate. This site is not liable for any failure, delay, damages or results, in removing such content.

You agree that your use of this site may be suspended or terminated immediately upon receipt of any notice which alleges that you have used this site in violation of these Rules and/or for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, you agree that the owner of this site may disclose your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and the owner of this site shall not be liable for damages or results thereof, and you agree not to bring any action or claim against the owner of this site for such disclosure.

This site reserves the right to revise these Site Submission Rules at its discretion, so check back from time to time to be sure you are complying with the current version.

 

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