User Content<\/strong><\/li>\n<\/ol>\n9.1 User Content<\/p>\n
“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Propel Businessworks software application or the service, or that other users upload or transmit, including without limitation any text. By transmitting or submitting any User Content while using the Online Website and Applications, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Propel Businessworks in accordance with its Privacy Policy.<\/p>\n
You own your User Content. You hereby grant Propel Businessworks and its Affiliates a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content as well as all modified and derivative works thereof in connection with our provision of the Online Website and Applications, including marketing and promotions thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. The license you grant Us to use user posted content (except any content you submit in response to Propel Businessworks promotions and competitions or any other content specifically solicited by Propel Businessworks) ends when you delete your User Content or you close your Account unless your User Content has been shared with others, and they have not deleted it. However, you understand and accept that removed content may persist in back-up copies for a reasonable period of time.<\/p>\n
9.2 Content Screening<\/p>\n
You are entirely responsible for all User Content you post or otherwise transmit via the Online Website and Applications. Propel Businessworks assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate or illegal content or conduct.<\/p>\n
We have no obligation to monitor User Content. If We choose at any time, in our sole discretion, to monitor the Online Website and Applications, We have the right, in our sole discretion, to edit, refuse to post, or remove any User Content and We may monitor and\/or record your interaction with the Online Website and Applications or communications (including without limitation chat text and voice communications) when you are using the Online Website and Applications. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording.<\/p>\n
9.3. Information Use by Other Users and Suppliers of the Online Website and Applications<\/p>\n
Propel Businessworks cannot guarantee that other users and suppliers will not use the information that you share. Therefore, if you have any information that you would like to keep absolutely confidential do not post it on the Online Website and Applications. Propel Businessworks shall have no responsibility to evaluate, use or compensate you for any information you may choose to submit.<\/p>\n
9.3 Responsible For Your Own Content<\/p>\n
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others.<\/p>\n
Information, materials, products or services provided by other users or suppliers (for instance, in the project center) may, in whole or in part, be unauthorized, impermissible or otherwise violate these Terms of Service, and Propel Businessworks assumes no responsibility or liability for this material. If you become aware of misuse of the Online Website and Applications by any person, please use any “Report Abuse” link provided or contact us at contactus@planpromoteprosper.com.<\/p>\n
Propel Businessworks may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Propel Businessworks may violate these Terms of Service. Propel Businessworks reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Online Website and Applications.<\/p>\n
\n- Disclosure<\/strong><\/li>\n<\/ol>\n\n
\n- Third Party Advertisements<\/strong><\/li>\n<\/ol>\n
You understand that the Online Website and Applications and Propel Businessworks application may feature advertisements from Propel Businessworks or third parties.<\/p>\n
11.1 Links to Third Party Sites and Dealings With Possible Advertisers<\/p>\n
Propel Businessworks may provide links on the Online Website and Applications to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Online Website and Applications. Any charges or obligations you incur in your dealings with these third parties are your responsibility. Propel Businessworks makes no representation or warranty regarding any content, goods and\/or services provided by any third party even if linked to from our Online Website and Applications, and will not be liable for any claim relating to any third party content, goods and\/or services. The linked sites are not under the control of Propel Businessworks and may collect data or solicit personal information from you. Propel Businessworks is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by Propel Businessworks of these linked sites.<\/p>\n
\n- COPYRIGHT NOTICES\/COMPLAINTS<\/strong><\/li>\n<\/ol>\n
It is Propel Businessworks’ policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Propel Businessworks reserves the right to terminate without notice any User’s access to the Online Website and Applications if that User is determined by Propel Businessworks, in its sole discretion, to be a “repeat infringer.” In addition, Propel Businessworks accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.<\/p>\n
\n- UPDATES TO THE SERVICE<\/strong><\/li>\n<\/ol>\n\n
\n- DISCLAIMERS \/ LIMITATIONS \/ WAIVERS \/ INDEMNIFICATION<\/strong><\/li>\n<\/ol>\n
14.1. DISCLAIMER OF WARRANTIES<\/p>\n
YOU EXPRESSLY AGREE THAT USE OF THE Online Website and Applications IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).<\/p>\n
WITHOUT LIMITING THE FOREGOING, NEITHER PROPEL BUSINESSWORKS NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “PROPEL BUSINESSWORKS PARTIES”) WARRANT THAT THE Online Website and Applications WILL BE UNINTERRUPTED OR ERROR-FREE.<\/p>\n
14.2. LIMITATIONS; WAIVERS OF LIABILITY<\/p>\n
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE PROPEL BUSINESSWORKS PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE Online Website and Applications.<\/p>\n
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE PROPEL BUSINESSWORKS PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE PROPEL BUSINESSWORKS PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE Online Website and Applications AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE Online Website and Applications AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.<\/p>\n
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF PROPEL BUSINESSWORKS.<\/p>\n
14.3 Indemnification<\/p>\n
You agree to indemnify, save, and hold Propel Businessworks, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Online Website and Applications, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Propel Businessworks reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Propel Businessworks, and you agree to cooperate with Propel Businessworks’s defense of these claims. Propel Businessworks will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.<\/p>\n
You also agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Online Website and Applications.<\/p>\n
\n- DISPUTE RESOLUTION<\/strong><\/li>\n<\/ol>\n
If a dispute arises between you and Propel Businessworks, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Propel Businessworks agree that We will resolve any claim or controversy at law or equity that arises out of this Agreement or the Online Website and Applications (a “Claim”) in accordance with subsection 15.1 below or as We and you otherwise agree in writing. Before resorting to these alternatives, We strongly encourage you to first contact Us directly to seek a resolution by emailing us at contactus@propelbizworks.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.<\/p>\n\n\n
\n- GENERAL PROVISIONS<\/strong><\/li>\n<\/ol>\n
16.1. Assignment<\/p>\n
Propel Businessworks may assign or delegate these Terms of Service and Use and\/or the Propel Businessworks Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service and Use or Privacy Policy without Propel Businessworks’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.<\/p>\n
16.2. Supplemental Policies<\/p>\n
Propel Businessworks may publish additional policies related to specific services such as applications for mobile devices, supplier programs, client support programs and more. Your right to use such services is subject to those specific policies and these Terms of Service and Use.<\/p>\n
16.3. Entire Agreement<\/p>\n
These Terms of Service and Use, any supplemental policies and any documents expressly incorporated by reference herein (including Propel Businessworks’s Privacy Policy), contain the entire understanding of you and Propel Businessworks, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and Us with respect to the Online Website and Applications.<\/p>\n
16.4. Language of the Terms of Service<\/p>\n
If we provide you with a translation of the English language version of these Terms of Service, the Propel Businessworks Privacy Policy or any other policy (collectively “Propel Businessworks Policies”), then you agree that the translation is provided for informational purposes only and does not modify the English language version of the Propel Businessworks Policies.<\/p>\n
In the event of a conflict between a translation of the Propel Businessworks Policies and the English version, the English version of the Propel Businessworks Policies will control.<\/p>\n
16.5. No Waiver<\/p>\n
The failure of Propel Businessworks to require or enforce strict performance by you of any provision of these Terms of Service and Use or the Propel Businessworks Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Propel Businessworks right to assert or rely upon any such provision or right in that or any other instance.<\/p>\n
The express waiver by Propel Businessworks of any provision, condition, or requirement of these Terms of Service and Use or the Propel Businessworks Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.<\/p>\n
Except as expressly and specifically set forth in this these Terms of Service and Use, no representations, statements, consents, waivers, or other acts or omissions by Propel Businessworks shall be deemed a modification of these Terms of Service and Use nor be legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer\/owner of Propel Businessworks.<\/p>\n
We may notify you via postings on\u00a0www.PropelBusinessworks.com<\/u><\/a>\u00a0and via e-mail or any other communications means to contact information you provide to Us. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.<\/p>\n16.6. Force Majeure<\/p>\n
Propel Businessworks shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Propel Businessworks, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Propel Businessworks’ control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.<\/p>\n\n","protected":false},"excerpt":{"rendered":"
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