PROSScored Terms of Service
Effective: May 17, 2022
Thank you for visiting the PROSScored website located at www.proscored.com (the "Website"). The following Terms of Service ("TOS") apply to your use of the Website.
1. TERMS OF SERVICE
Prosscored LLC ("PROSScored") provides the Website to you subject to the TOS. PROSScored may amend the TOS from time to time without notice to you, but if it does so, it will post the amended TOS on the Website at https://www.prosscored.com/ /terms.html. We encourage you to review the TOS from time to time for possible changes. Your continued use of or access to the Website after any amendment to the TOS signifies your agreement to the amended TOS. In addition, when using or accessing the Website, you will be subject to any additional posted guidelines or rules applicable to any specific content and/or services. All such additional guidelines or rules are hereby incorporated by reference into the TOS.
2. CONTENT AND PROHIBITED ACTIVITIES
You understand and agree that the Website, is provided "AS-IS" and that PROSScored assumes no responsibility in connection with your use of the Website.
You may not access or use, or attempt to access or use, the Website to take any action that could harm PROSScored or any other person or entity (each a "Person"), interfere with the operation PROSScored’s services, or use the Website in a manner that violates any laws. For example, you may not:
- Impersonate any person or falsely state or otherwise misrepresent your credentials, affiliation with any person, or the origin of any information you provide;
- Engage in unauthorized scraping, or harvesting of content or information, or use any other unauthorized automated means to compile information;
- Solicit, collect, transmit, store, or otherwise make available private information of any third party including, without limitation, telephone numbers, addresses, last names, email addresses, social security numbers, or credit or debit card numbers;
- Obtain or attempt to gain unauthorized access to other computer systems, materials, information, or any services available on or through the services;
- Use any device, software, or routine to interfere or attempt to interfere with the proper working of the services or attempt to probe, scan, test the vulnerability of, or breach the security of any system, device, or network; or
- Use or attempt to use another's information, account, password, service, or system except as expressly permitted.
Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate certain terms contained in the TOS.
3. PROVISION OF INFORMATION
In order to access certain portions of the Website and/or certain content on the Website, you may be required to register with PROSScored by providing certain information about yourself, including your name and e-mail address. In consideration of your use of the portions of the Website which require registration, you agree to provide true, accurate, current and complete information about yourself as requested in connection with the provision of and/or registration for any of any services, subject to all applicable laws. If you provide any information that is untrue, inaccurate, incomplete or not current, or PROSScored has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, PROSScored has the right to suspend or terminate your password and/or refuse your access to certain content and/or your access to any or all of the services available through the Website.
5. USER PASSWORD AND SECURITY
You may receive a password upon completing the registration process for use of specific services or access to certain content that require registration. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your password. PROSScored cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. INTELLECTUAL PROPERTY
All content, information, computer code, software, and any other materials that are part of the Website (collectively, the "PROSScored Content") is the property of the PROSScored or third parties. You may access, use, and display the content available on the Website only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these TOS.
- Copyright and Other Intellectual Property Rights. Certain of the content on the Website is protected under the copyright laws of the United States and other countries. You acknowledge that all copyrights and other intellectual property rights related to the Website are owned by PROSScored or its third-party licensors to the full extent permitted under the United States Copyright Act, international copyright laws, and all other applicable laws. Unless expressly permitted by an authorized person in writing or as permitted by applicable law, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way use or exploit any part of the PROSScored Content.
- Trade and Service Marks. The trademarks, service marks and logos used and displayed on the Website are either (a) PROSScored, or its subsidiaries’ or affiliates’, or (b) another party’s, registered and unregistered trademarks.
- Notice of Infringement. PROSScored respects intellectual property rights. If you believe in good faith that your work has been reproduced or is accessible on the Website in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- Identification of the copyrighted work or a representative list of the works claimed to have been infringed;
- Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
- Your name, address, telephone number, and email address, so that we may contact you if necessary;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
PROSScored’s designated agent for notice of claims of copyright is:
7. TERMINATION OF ACCESS
We may terminate your account or right to access secured portions of the Website at any time, without notice, for conduct that we believe violates these TOS and/or is harmful to other users of the Website, to PROSScored, to its partners, to the business of our internet service provider, or to other information providers. If you violate any of these TOS, your permission to access the Website and the content and/or services available therethrough automatically terminates and you must immediately destroy any copies you have made of any portion of the website.
8. MODIFICATIONS TO AND TERMINATION OF THE WEBSITE
PROSScored reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website and/or any content or services available therethrough (or any part thereof) with or without notice. You agree that the PROSScored shall not be liable to you or to any third party for any modification, suspension or discontinuance as set forth above.
9. THIRD PARTY MATERIALS AND EXTERNAL LINKS
The Website may contain links to other websites or online services that are operated and maintained by other persons and that are not under the control of or maintained by PROSScored. Such links do not constitute an endorsement by PROSScored of those other websites or online services, the content displayed therein, or the persons associated therewith. These TOS do not apply to such other websites and online services, and such websites and online services are not part of the Website.
10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE WEBSITE AND ANY THIRD PARTY MATERIALS IS AT YOUR SOLE RISK. THE WEBSITE AND ANY THIRD PARTY MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROSSCORED EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
B. PROSSCORED MAKES NO WARRANTY THAT (i) THE WEBSITE OR THE THIRD PARTY MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE OR THE THIRD PARTY MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITE OR THE THIRD PARTY MATERIALS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SOFTWARE OPERATING ON THE WEBSITE WILL BE CORRECTED.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
11. GOVERNING LAW AND JURISDICTION
You agree that all matters relating to your access to, or use of, the Website shall be governed by the laws of the State of Delaware. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state or federal courts in the State of Delaware, with respect to such matters.
12. ADDITIONAL PROVISIONS
These TOS constitute the entire agreement between you and PROSScored and govern your use of the Website. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of PROSScored to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS shall remain in full force and effect.
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