Terms of Service
PROskore Terms of Service Agreement
Last Updated: November 17, 2011
We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this agreement. Your continued use of the PROskore indicates your acceptance of the amended User Agreement.
Description of Service
Use of Service
To cancel your account visit: http://www.proskore.com/account.cfm
If you wish to cancel or have any questions, comments or concerns about our refund policy, you may contact us by emailing email@example.com
Information Provided on this Website
In many ways, PROskore also serves as a search engine that extracts and summarizes information from other sources across the Internet. This information may be inaccurate and we may make mistakes when extracting the information. PROskore assumes no responsibility regarding the accuracy of the information that is provided by PROskore Once we have collected information about a person / company, we combine multiple mentions of the same person into an individual Company Profile. The resulting Web Summaries are then made available to the public through PROskore.
Additionally, PROskore allows users to create and/or update their own Profile. Any information provided by a user to be part of his or her Profile will be available to the public as part of the PROskore service. Users who create and/or update their own Profile can change or delete any information they provide if they choose to do so. Please use caution when posting personal identifiable information.
Uploaded Emails - Third Party Platforms
Monitoring and Enforcement
PROskore Press (www.fastpitchpress.com):
PROskore reserves the right (i) to reject or edit Submitted Materials;
and (ii) to remove any press release from its web site, pull any press release
from distribution or deny approval to any press release. PROskore can
only remove Submitted Materials from its network, and PROskore makes
no representation or warranty regarding the removal of Submitted Materials
from sites outside of the PROskore network.
PROskore does not warrant specific placement of any news release nor
pick up on any news release on its wire, but will deliver a news release
to the appropriate media point where an editor or reporter will best be
able to decide on usage.
Right of Cancellation
The User may cancel registration for the Premium Membership by CALLING PROskore directly at (888) 327-8025. without stating any particular reason. PROskore CANNOT GUARANTEE CANCELLATION OF A SUBSCRIPTION BASED ON AN EMAIL All Premium Members may cancel at anytime. WHEN YOU CANCEL YOUR ACCOUNT, YOUR ACCOUNT WILL REMAIN ACTIVE UNTIL THE END OF YOUR CURRENT SUBSCRIPTION TERM UNLESS OTHERWISE TERMINATED. SUBSCRIPTION FEES WILL NOT BE PRORATED OR REFUNDED FOR PARTIAL USAGE.
Consequences of cancellation
Disclaimer of Warranties
PROskore MAKES NO WARRANTY THAT (i) THE PROskore SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE PROskore SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PROskore SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PROskore SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROskore SERVICE 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.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
PROskore OR THROUGH OR FROM THE FAST PICTH! SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.
Limitation of Liability
Please send any questions or comments, or report violations of the User
PROskore MAIL Terms of Service
Services The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services.
The number of contacts in your account is metered by PROskore MAIL
You must complete the registration form on any of the "signup" pages in order to use the Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. As part of the registration process, you will identify an email address and password for your PROskore MAIL account. You are responsible for maintaining the security of your account, passwords, and files, and for all uses of your account and of the Services in your name. PROskore MAIL reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
It is understood that PROskore MAIL makes no guarantee that HTML messages will be rendered properly on all recipients' email programs, due to the wide variety of HTML generation tools available. PROskore MAIL makes every attempt to make sure that all email messages sent through our servers follow email standards, but we cannot guarantee that messages will look consistent across all email platforms. For example, if you use Microsoft Word to generate HTML email messages, it is expected that recipients of your message using a non-Microsoft email application may have difficulty reading your message. For best results PROskore MAIL recommends, but does not guarantee, the use of HTML editors that generate HTML that adheres to W3C standards.
Responsibilities and Limitations
This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software. The Services shall be used for your internal business (which includes civic or charitable) purposes only and you shall not use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
You acknowledge and agree that the Services and the PROskore MAIL company names and logos and all related product and service names, design marks and slogans, are the property of PROskore MAIL. . You are not authorized to use any of the logos in any advertising, publicity or any other commercial manner without the prior written consent of PROskore MAIL. Your use of the Services confers no title or ownership in the Service, the Software or the logos and is not a sale of any rights in the Service, the Software or the logos. All ownership rights remain in PROskore MAIL or its third party suppliers, as the case may be.
You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email to any third party. You hereby agree to indemnify and hold harmless PROskore MAIL against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. Although PROskore MAIL has no obligation to monitor the content provided by you or your use of the Services, PROskore MAIL may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.
The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates United States federal, state or other laws that may apply in your local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws or a third party's intellectual property rights.
In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to PROskore MAIL. PROskore MAIL may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you.
PROskore MAIL will not use any of your subscriber lists or any other customer information for any other purposes than those intended with the service. Your customer information will not be shared with any other parties. In addition, PROskore MAIL will not use your customer information for the purpose of sending unsolicited commercial email.
You may not use PROskore MAIL to distribute illegal contests, pyramid schemes, chain letters, or multi-level marketing campaigns.
You may not exploit the PROskore MAIL service agreement by systematically uploading and deleting contacts in order to send to more unique email addresses than you're permitted for your service level. If exploitation occurs, PROskore MAIL reserves the right to terminate and/or assign a penalty of the service level fee that corresponds to the number of unique contacts you emailed within your billing cycle. Since constant record deletion may prevent people from properly unsubscribing, an additional fee of $200 will apply if spam complaints are received after exploitative use.
You may not use PROskore MAIL to send email campaigns that link to or display nudity, obscene content, gambling related content, pharmaceutical related content, illegal software, viruses, or to distribute any other content that we deem inappropriate.
You may terminate this Agreement at any time by sending an email message to firstname.lastname@example.org or by sending written notice to PROskore, Inc. 1413 Boulevard of the Arts Sarasota, FL 34236. Correspondence must include your first name, last name, and PROskore MAIL username. No refunds will be issued if you terminate this agreement.
PROskore MAIL may delete any of your archived data immediately at the time of or following termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
If you do not log into your account for more than 180 days, the account will become inactive. When an account is classified (at PROskore MAIL's sole discretion) as inactive, PROskore MAIL will flag that account as inactive. INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING SUBSCRIBER SIGNUPS, MAY BE PERMANENTLY REMOVED FROM THE PROskore MAIL DATABASE.
Warranty Disclaimer; Remedies
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. PROskore MAIL DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND PROskore MAIL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for PROskore MAIL to use commercially reasonable efforts to adjust or repair the Services.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL PROskore MAIL OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "PROskore MAIL") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF PROskore MAIL SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, PROskore MAIL IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF PROskore MAIL TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
Export of Services or Technical Data
You may not remove or export from the US or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of US or any other applicable country.
PROskore MAIL and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind PROskore MAIL in any respect whatsoever.
In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
The Agreement shall be governed by the laws of the State of Nevada without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Brooklyn, New York.
Compliance rules for sending email
All bulk emails must contain a one-click unsubscribe link. PROskore MAIL adds an unsubscribe link to every campaign that's sent through PROskore MAIL. You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link. All emails must contain non-Internet contact information of the sender, such as your company's address, or your company's phone number. PROskore MAIL adds this to the footer of every campaign, and can be edited in your "Account" area. These 2 guidelines will help ensure that PROskore MAIL maintains its reputation and white-listing status with a number of major ISPs and whitelisting programs. If at any time your campaign is flagged as SPAM by an AOL recipient, PROskore MAIL reserves the right to cancel your account without notice.
Email and Permission Practices
You agree to import, access or otherwise use only permission-based lists (note: purchased lists may not be used; please contact PROskore MAIL if you have questions).
You cannot mail to distribution lists, newsgroups, or spam email addresses.
You are responsible for monitoring, correcting, processing unsubscribe requests within 10 days, and updating the email addresses to which messages are sent through your PROskore MAIL account.
Emails that you send through the Service may generate abuse complaints from recipients. As a matter of privacy, PROskore MAIL cannot share with you the email addresses of those who complain about your email campaign. You are responsible for ensuring that your email campaigns do not generate a number of abuse complaints in excess of industry norms. PROskore MAIL in its sole discretion, shall determine whether your level of abuse complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement.
PROskore MAIL at its own discretion, may immediately disable your access without refund to the Services if PROskore MAIL believes in its sole discretion that you have violated any of the email and permission practices listed above, or the PROskore MAIL Anti-Spam Policy.
PROskore is an online business network that measures professional reputation. We do this by looking at your professional background, social media influence and overall popularity. We then use your score to help YOU generate new business from other members of the PROskore network.
PROskore is the leader in measuring professional reputation with nearly 200,000 members worldwide.
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