Acceptance of the Terms of Use
These Terms of Use are entered into by and between you and ProVoyance, LLC (Genesis Software Innovations, LLC d/b/a ProVoyance). The following terms and conditions, together with any documents they expressly incorporate by
reference (collectively, "Terms of Use"), govern your access to and use of https://provoyance.com,
including any content, functionality, and services offered on or through https://provoyance.com (the
"Website").
Please read the Terms of Use carefully before you start to use the Website. By clicking to agree to the
Terms of Use when this option is made available to you, you accept and agree to be bound and abide
by these Terms of Use and our Privacy Policy found at https://provoyance.com/privacy, incorporated
herein by reference. If you are using this Website or submitting information on behalf of an
organization, you represent and warrant that you have the authority to bind such organization to
these Terms of Use and our Privacy Policy, and references to "you" and "your" in these Terms of Use shall refer to both you individually and such organization. If you do not want to agree to these Terms
of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older and reside in the United
States or any of its territories or possessions. By using this Website, you represent and warrant that you
meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must
not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are
effective immediately when we post them and apply to all access to and use of the Website thereafter.
However, any changes to the dispute resolution provisions set out in Governing Law and Dispute
Resolution (below) will not apply to any disputes for which the parties have actual notice on or before
the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms of Use means that you accept
and agree to the changes. You are expected to check this page from time to time so you are aware of
any changes, as they are binding on you.
Accessing the Website
We reserve the right to withdraw or amend this Website, and any service or material we provide on the
Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of
the Website is unavailable at any time or for any period. From time to time, we may restrict user access
to some parts of the Website or the entire Website.
You are responsible for both:
Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of
these Terms of Use and comply with them.
All information you provide on or via the Website is governed by our Privacy Policy, and you consent to
all actions we take with respect to your information consistent with our Privacy Policy.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all
information, software, text, displays, images, video, and audio, and the design, selection, and
arrangement thereof) are owned by the Company, its licensors, or other providers of such material and
are protected by United States and international copyright, trademark, patent, trade secret, and other
intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for the purpose of learning about the Company and
its services, communicating with the Company through the contact form, and engaging in business with
the Company as a potential or current customer, supplier, distributor, or partner. You must not
reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish,
download, store, or transmit any of the material on our Website, except that:
Your computer may temporarily store copies of such materials in RAM incidental to your
accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display
enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your
own use and not for further reproduction, publication, or distribution.
You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from
the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of
materials from this site.
You must not access or use any part of the Website or any services or materials available through the
Website except as expressly permitted by these Terms of Use.
If you wish to make any use of material on the Website other than that set out in this section, please
address your request to: web-contact@Provoyance.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any
part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately
and you must, at our option, return or destroy any copies of the materials you have made. No right,
title, or interest in or to the Website or any content on the Website is transferred to you, and all rights
not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by
these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other
laws.
Trademarks
The Company name, the Company logo, and all related names, logos, product and service names,
designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such
marks without the prior written permission of the Company. All other names, logos, product and service
names, designs, and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You
agree not to use the Website:
To commit, facilitate, or further any criminal offense or other unlawful act under any applicable
federal, state, local, or international law.
In any way that violates any applicable federal, state, local, or international law or regulation
(including, without limitation, any laws regarding the export of data or software to and from the
US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by
exposing them to inappropriate content, asking for personally identifiable information, or
otherwise.
To transmit, or procure the sending of, any advertising or promotional material without our
prior written consent, including any "junk mail", "chain letter," "spam," or any other similar
solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user,
or any other person or entity (including, without limitation, by using email addresses associated
with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the
Website, or which, as determined by us, may harm the Company or users of the Website, or
expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or
interfere with any other party's use of the Website, including their ability to engage in real time
activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for
any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other
purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or
technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the
Website, the server on which the Website is stored, or any server, computer, or database
connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
Monitoring and Enforcement; Termination
We have the right to:
Take any action with respect to any content or communication on or through the Website that we
deem necessary or appropriate in our sole discretion, including if we believe that such content or
communication violates the Terms of Use, infringes any intellectual property right or other right of
any person or entity, threatens the personal safety of users of the Website or the public, or could
create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material
posted by you violates their rights, including their intellectual property rights or their right to
privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any
illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including
without limitation, any violation of these Terms of Use.
We reserve the right to disclose your identity and other information about you to law enforcement
authorities in connection with any suspected criminal activity conducted through the Website, and to
immediately suspend or terminate your right to use the Website.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement
authorities or court order requesting or directing us to disclose the identity or other information of
anyone using the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES,
LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE
COMPANY OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF,
INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We disclaim any liability for losses or damages suffered by any user resulting from unauthorized hacking,
data breaches, or the introduction of harmful content by third parties.
We do not undertake to review all material before it is posted on the Website and cannot ensure
prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability
for any action or inaction regarding transmissions, communications, or content provided by any user or
third party. We have no liability or responsibility to anyone for performance or nonperformance of the
activities described in this section.
Contact Form, Communications, and Consent
HIPAA Disclaimer. This Website's contact form and other communication features are not
intended for the submission of protected health information ("PHI") as defined under the Health
Insurance Portability and Accountability Act of 1996 ("HIPAA"). This Website is not designed to
receive, process, or store PHI, and you acknowledge that the Company is not a HIPAA-covered
entity with respect to information submitted through this Website.
Information Collected. When you submit information through the Website's contact form, we collect
your name, organization, email address, and phone number. This information is collected for the
purpose of responding to your inquiry and for the marketing and communication purposes described
herein.
Sharing with Strategic Business Partners. By submitting your contact information through this Website,
you acknowledge and consent to the sharing of your name, organization, email address, and phone
number with third-party entities that are strategic business partners of the Company. These strategic
business partners may use your information to contact you regarding products, services, or business
opportunities that may be of interest to you.
Consent to Email Communications. By submitting your contact information through this Website, you
expressly consent to receive marketing, promotional, and informational emails from the Company and
its strategic business partners at the email address you provide. Every marketing email will identify the
sender, include a valid physical postal address, and provide a clear mechanism to unsubscribe from
future marketing communications. Opt-out requests will be honored within ten (10) business days.
To opt out, you may click the "Unsubscribe" link included in every marketing email or contact us at web-
contact@Provoyance.com. Please note that even after opting out of marketing emails, you may still
receive transactional or administrative emails related to your inquiry.
Consent to Telephone Communications. By submitting your phone number through this Website, you
expressly consent to receive telephone calls, including calls for marketing and informational purposes,
from the Company and its strategic business partners at the phone number you provided. You expressly
waive any applicable federal or state do-not-call registry protections, including the National Do Not
Call Registry, with respect to calls to the phone number you provide. You may revoke this consent at
any time by contacting us at web-contact@Provoyance.com or by informing the caller that you no
longer wish to receive such calls.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information
purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any
reliance you place on such information is strictly at your own risk. We disclaim all liability and
responsibility arising from any reliance placed on such materials by you or any other visitor to the
Website, or by anyone who may be informed of any of its contents.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily
complete or up-to-date. Any of the material on the Website may be out of date at any given time, and
we are under no obligation to update such material.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you
consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage
our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any
form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Website.
Send emails or other communications with certain content, or links to certain content, on this
Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your
own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are
displayed with, and otherwise in accordance with any additional terms and conditions we provide with
respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site,
for example, framing, deep linking, or in-line linking.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any
other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We
reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our
discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are
provided for your convenience only. This includes links contained in advertisements, including banner
advertisements and sponsored links. We have no control over the contents of those sites or resources
and accept no responsibility for them or for any loss or damage that may arise from your use of them. If
you decide to access any of the third-party websites linked to this Website, you do so entirely at your
own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Website is based in the State of Michigan in the United States. We provide this
Website for use only by persons located in the United States. We make no claims that the Website or
any of its content is accessible or appropriate outside of the United States. Access to the Website may
not be legal by certain persons or in certain countries. If you access the Website from outside the United
States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading
from the internet or the Website will be free of viruses or other destructive code. You are responsible
for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-
virus protection and accuracy of data input and output, and for maintaining a means external to our site
for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE
LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR
OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT,
COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE
OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY
MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED
THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE
COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE
COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED,
THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR
ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED
TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR
PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER
APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR
THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR
DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR
USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE
OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING,
EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED
SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT
(INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or
willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER
APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service
providers, and its and their respective officers, directors, employees, contractors, agents, licensors,
suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards,
losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your
violation of these Terms of Use or your use of the Website, including, but not limited to, your use of the
Website's contact form or other communication features, any use of the Website's content, services,
and products other than as expressly authorized in these Terms of Use, or your use of any information
obtained from the Website.
Governing Law and Dispute Resolution
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom
or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and
construed in accordance with the internal laws of the State of Michigan without giving effect to any
choice or conflict of law provision or rule (whether of the State of Michigan or any other jurisdiction).
Any dispute, controversy, or claim arising out of or relating to these Terms of Use or the use of the
Website, including the determination of the scope or applicability of this agreement to arbitrate, shall
be resolved by final and binding arbitration administered by the American Arbitration Association
("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in
Grand Rapids, Michigan. The arbitrator's award shall be final and binding, and judgment on the award
may be entered in any court of competent jurisdiction. You waive any and all objections to the exercise
of jurisdiction and venue in the state and federal courts located in Kent County, Michigan for purposes
of enforcing any arbitration award.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF
USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a
further or continuing waiver of such term or condition or a waiver of any other term or condition, and
any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a
waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be
invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the
minimum extent such that the remaining provisions of the Terms of Use will continue in full force and
effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and
ProVoyance, LLC regarding the Website and supersede all prior and contemporaneous understandings,
agreements, representations, and warranties, both written and oral, regarding the Website.