Terms of Use

Welcome to Prov, Inc.

This website and all other Prov Sites (“Site(s)”) is owned and operated by Prov, Inc., 9800 S 300 W, Suite 200, Sandy, UT 84070 (“Prov,” “we,” “us,” or “our”).

Please review these Terms of Use (the “Terms”) before using this Site, as they are a legally binding agreement between you (“You”, “your”) and Prov governing your use of this Site and represent the entire understanding between you and Prov regarding your use of this Site.

These Terms expressly incorporate by reference and include Prov’s Privacy Policy and any guidelines, rules or disclaimers that may be posted and updated on specific webpages or on notices that are sent to you. By accessing or using the Site(s), you are indicating your agreement to be bound by the Terms. If you do not agree with these Terms, do not use this Site(s).

Certain Prov Websites, including but not limited to password protected sites, contain Terms of use in addition to or different from these Terms, and the Terms of use posted on such Websites shall apply.

Limitations on Use:

Nothing on this Site(s) shall be construed to convey any license in or to any of Prov’s or its third party licensors’ intellectual property rights.

You agree you will not use any robots, spiders, crawlers or other automated downloading programs or devices to: (i) continuously and automatically search or index any Content, unless authorized by us; (ii) harvest personal information from the Site(s) for purposes of sending unsolicited or unauthorized material; or (iii) cause disruption to the working of the Site(s). If this Site(s) contains robot exclusion files or robot exclusion headers, you agree to honor them. Any questions about whether a particular use is authorized and any requests for permission to publish, reproduce, distribute, display or make derivative works from any Content should be directed to Prov.

You may not use the services on the Site(s) to publish or distribute any information (including software or other content) which is illegal, which violates or infringes upon the rights of any other person, which is abusive, hateful, profane, pornographic, threatening or vulgar, which contains errors, viruses or other harmful components, or which is otherwise actionable at law. Prov may at any time exercise editorial control over the content of any information or material that is submitted or distributed through its facilities and/or services.

You may not, without the approval of Prov, use the Site(s) to publish or distribute any advertising, promotional material, or solicitation to other users of the Site(s) to use any goods or services. For example (but without limitation), you may not use the Site(s) to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services.

The permissions granted to you herein automatically terminate without notice if you fail to comply with these Terms in your use of this Site(s). Any unauthorized use of any Content may be a violation of copyright laws, trademark laws, the laws of privacy and publicity, and regulations and statutes. Prov has zero tolerance for infringement of its intellectual property rights and will aggressively take action to protect its rights.

Restricted Rights

The Content are provided with “Restricted Rights.” Use by the United States Government is subject to the restrictions of FAR 52.227-19 and DFARS 227-7202-3.

Limitation of Liability

PROV IS NOT LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR USE OF THIS SITE. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL PROV BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, OR DATA) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR BACKUP AND PROTECTION OF YOUR DATA AND YOUR USE OF THIS SITE AND WILL NOT MAKE ANY CLAIM AGAINST PROV OR ANY PROV AFFILIATE IN ANY WAY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE OR THE CONTENT AND MATERIALS CONTAINED HEREIN. YOU WILL NOT BRING ANY LEGAL ACTION AGAINST PROV OR ITS AFFILIATES IN CONNECTION WITH, AND WILL HOLD PROV AND ITS AFFILIATES HARMLESS FROM AND AGAINST, ANY CLAIMS BASED ON YOUR USE OF THIS SITE.

Consent

By using Prov’s website(s), and entry of any personal information into this site(s), you are consenting to the collection, use, and transfer of your personal information as outlined in this Privacy Policy. If you are located outside the United States, your use and entry of personal information into this site constitutes your consent to the transfer of your personal information into the United States. Although we do not normally collect any sensitive personal information (such as ethnicity or race, religious beliefs or medical conditions), your entry of any such sensitive information on this web site is your express consent to the collection, use and transfer of such information.

Collection, Use and Sharing of Personal Information

Collection:

Prov is committed to protecting the privacy of all personal information collected on this and all Prov Sites. Personal information may be collected during the login process to access portions of the Site(s) and other functions and features. Prov may collect identifiable information including, but not limited to: name, address, phone number, fax number, email address, employer, title, user ID and passwords, and IP address. Any demographic information collected is generally used on an aggregate anonymous basis for various analyses conducted by Prov in regards to our web site(s) and related materials. Prov does not use any personal information for such scientific studies or research.

Use:

Prov uses personal information to provide the highest quality and service of Prov products to all our customers, users, and visitors to the website(s). Personal information may be collected in conjunction with any online employment applications, or so that Prov may contact you, provide materials to you upon request, register your account, send relevant correspondence via email or postal mail, or for any other purpose personal information is collected. Through Prov’s website(s) we offer the option to opt out and have your information removed from the appropriate list.

Sharing:

Prov will not sell, rent, trade or lease your personal information to others unless we have requested to do so and have received your permission, provided that you authorize Prov to disclose your personal information to others under the following circumstances: We may, and you, authorize Prov to transfer your personal information to any Prov affiliate (or business partner or agent acting on our behalf) worldwide for purposes described herein. Such Prov affiliates, business partners, and agents will be under the same obligations as is Prov under this Privacy Policy. We may be required to transfer your personal information by law or under a court order or in connection with an organizational change, such as a merger or acquisition by another company or the sale of Prov’s assets. If Prov, in its sole discretion, determines that that a transfer is necessary to protect the rights, property, or personal safety of Prov, this site, or its users, then we may also share your personal information.

Parties Who Receive Information and How it is Used:

Corporate Contractors:

Personal information, exam information and job demographics are disclosed to corporate clients who have used Prov’s system to deliver exams to their job candidates. Personal information and exam information are never disclosed to candidates or unauthorized thirds parties, unless required by law.

Third Parties:

In regards to licensure testing candidates, licensee updates may be disclosed to licensing agencies, regulatory boards, state governments or professional associations for their files and records. Prov will only disclose information to entities or third parties that are authorized by Prov. However, in certain states, personal information, exam information, and licensure and licensee updates information are considered public information and can be accessed by third parties for a cost. Prov may also disclose personal and licensure/licensee information under certain circumstances where Prov has reason to believe that disclosing such information is necessary to identify, contact, or bring legal action against anyone who may be causing injury to, or interfering with, Prov’s rights or property, other site(s) users, or any others that could be harmed by such activities, or as otherwise required by law.

Marketing

Prov and its third party affiliates may communicate with registered users and customers through email and other methods periodically. Prov and its third party affiliates will use their best efforts to only communicate with persons who “opt in” to such communications or with persons whose information is already deemed public information by their licensing authorities, and will cease communicating with any customers who “opt out” of such communications.