Terms Of Service

 

PROCURRENCE.COM TERMS OF USE

 

Thank you for using PROCURRENCE.COM. Procurrence, Inc., a Delaware corporation (“Procurrence”) and the owner of Procurrence.com. provides you with access to our website at www.procurrence.com 

( the “Website’)  subject to the following Terms of Use ( “Terms of Use” or “Agreement”):

 

 

BY ACCESSING OR USING THE WEBSITE AND SERVICES IN ANY WAY OR BY AGREEING TO PROVIDE SUBMISSIONS TO PROCURRENCE, YOU (“USER” OR “YOU” ) ARE AGREEING TO THE TERMS OF USE BELOW AS WELL AS THE PRIVACY POLICY, AS THEY MAY BE UPDATED AND AMENDED FROM TIME TO TIME.  SHOULD YOU OBJECT TO ANY TERM OR CONDITION OF THE TERMS OF USE OR PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE WEBSITE AND YOU SHOULD NOT AGREE TO PROVIDE SUBMISSIONS TO PROCURRENCE. PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT LIMITATIONS OF LIABILITY AND RESOLUTIONS OF DISPUTES THROUGH ARBITRATION RATHER THAN IN COURT.

 

If we make any changes to these Terms of Use, we will notify you by posting the changes here. You are responsible for reviewing any changes to the Terms of Use.  Your continued use of the Website after posting of changes is your acceptance to the updated Website. These Terms of Use were was last modified on May  , 2020.

 

SERVICES

Procurrence provides serves as a marketplace and service that allows you to input your information concerning your telecommunications needs and receive quotes to provide you with a convenient, efficient method for evaluating your options and making informed decisions relating to a particular service that will meet your needs, There is no charge to consumers for the use of our service. By using this service, you expressly waive any claim against us relating to the quality of any services selected for evaluation  and understand that we are not responsible for the quality of any services you ultimately select.

By using our service and providing your personal contact information, you agree that one or more of the vendors or suppliers selected for evaluation (“Service Providers”)  may contact you by email, telephone, mail or any other method of communication. You request and expressly consent to receive any telephone call including without limitation any prerecorded telephone call to any telephone number including without limitation any wireless telephone number, which could result in charges to you from independent providers of the services  we connect you with, regardless of whether your contact information appears on any federal or state No Call Registry. 

We seek to connect consumers with companies that provide a variety of telecommunication services. Statements relating to potential results from these services may apply to one type of service but not another.

Any relationship entered into between you and any third party that arose from information received or accessed through this Website is solely between you and the third party. Procurrence is not a party to your agreements and you assume sole liability for any such agreements. We are not responsible for any transaction that may occur between you or your company and a company identified by Procurrence through our services.

The fact that a Service Provider is identified for you and that offers you a particular solution should not be intended to suggest that the solution is right for you, or that Procurrence endorses any particular provider or solution. 

Should you have a dispute with any of Procurrence‘s Service Providers that you are evaluating or select, you must address such dispute to the Service Provider directly, and by using this Website you hereby agree to release Procurrence  (and our employees, agent, and affiliated entitles, if any, and their employees and agents) from any damages or claims (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such disputes and your dealings with such organizations.

 

THE PROCURRENCE.COM WEBSITE AND CONTENT

 

You have access to use PROCURRENCE.COM for informational use, such as to obtain information regarding third party providers including Service Providers of Internet, Phone, Cloud and Co-Location services

(“Services”). PROCURRENCE.COM and Procurrence do not provide these Services but serves as a marketplace for you to identify Services that meet your needs.

 

This Website contains information regarding the Services  offered by the Service Providers who are  third party providers and you will be entering into agreements directly with such Service Providers The information may include pricing, service levels and installation requirements.  Please be advised that should you elect to subscribe for or purchase Services from these Service Providers, Procurrence may be compensated by  the Service Providers .

 

This Website may link to other websites. Links are not an endorsement of the products or services available at the other websites. Procurrence has no responsibility or control of content on the linked websites. The Website and User Content may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed in such website, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Website or in User Content does not imply approval or endorsement of the linked website by us. If you decide to leave our Website and access these third-party sites, you do so at your own risk.

 

From time to time, Procurrence will modify, change, or upgrade the functionality or appearance of PROCURRENCE.COM, including removal of functionality or content, without notice. This site is not providing financial, legal, business, technical, or other professional advice.

 

Procurrence makes every commercially reasonable attempt to manually gather relevant information helpful towards making a purchase of Services. However, because Procurrence does not control the information, and Service Providers may change their services, features, and pricing structures at any time, Procurrence cannot and will not be held responsible for any discrepancies in pricing or other information between what is stated on PROCURRENCE.COM and anywhere else where you find information regarding the Services, including the websites of the Service Providers themselves. Always verify plans, pricing, contact details, and other relevant information with the Service Providers before starting service.

 

INTELLECTUAL PROPERTY

 

PROCURRENCE.COM is the property of Procurrence and contains information, graphical elements, and data that are protected by copyright, trademark, trade secret, and other intellectual property laws. You agree to abide by all copyright notices and trademark restrictions.

 

Subject to the terms of this Agreement, Procurrence grants you a non-transferable, non-assignable, limited, non-exclusive, revocable license to use PROCURRENCE.COM only as permitted under these Terms of Use.

 

You retain all intellectual property rights, including copyrights, over your written and other content uploaded or posted to the PROCURRENCE.COM website (“User Content”), such as content posted as comments to blog posts, content posted as customer reviews, or content submitted to forms. Any User Content will be treated as non-confidential.  Any User Content will  also be treated as non-proprietary, except as specifically set forth herein. You grant Procurrence. a non-exclusive, world-wide, transferable, sub-licensable, royalty-free, perpetual, irrevocable license to access, use, reproduce, electronically distribute, transmit, perform, format, display, store, archive, index, and create derivative works from your User Content in any media now existing or hereinafter devised.

 

By providing User Content, you hereby grant, and you represent and warrant that you have the right to grant, Procurrence, Service Providers, vendors and licensees a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, perform and display any User Content, as well as your name, Instagram, Twitter, Google, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information, in any manner, and in any and all distribution channels, venues, forms, media, or technology, whether now known or hereafter developed, alone or as part of other works, without further notice or any compensation to you. You also acknowledge that your User Content may not be returned, and we may use your User Content and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.  Subject to the licenses granted in these Terms of Use, you retain ownership of any copyrights and rights of publicity you may have in your Submissions.

 

If you submit User Content, you represent and warrant that you own or otherwise control any rights to your User Content and any and all elements thereof; that you have the rights from any and all third parties appearing in such Submission to grant the license contained in these Terms of Use for such third parties’ names, images or likenesses and any other third party-owned elements as necessary in and as part of your User Content; and that your User Content will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality. You further represent and warrant that your User Content complies with all applicable laws, rules and regulations, and any third party agreements to which you are subject, including Instagram, Twitter, Facebook, and Google’s Terms of Use.

 

 

RESTRICTIONS ON YOUR USE OF PROCURRENCE.COM

 

You may not and may not allow others to:

 

  • Use PROCURRENCE.COM to violate the CAN-SPAM Act or the laws of any applicable jurisdiction;
  • Use PROCURRENCE.COM to abuse, defame, harass, threaten, or post illegal content, or cause any such content to be posted;
  • Use PROCURRENCE.COM to transmit a virus, Trojan horse, worm, hack, or any harmful content; or
  • Use PROCURRENCE.COM to post content that infringes upon the copyright, trademark, trade secret, publicity rights, or other intellectual property interests of any other person or property or cause any such content to be posted.
  • Reverse engineer, decompile, disassemble, or otherwise derive the source code from PROCURRENCE.COM;
  • Alter, modify, adapt, reconfigure, or prepare derivative works of PROCURRENCE.COM;
  • Copy, extract, scrape, summarize, distribute, or otherwise use PROCURRENCE.COM in any manner which competes with or substitutes for Procurrence, Inc.’s distribution of PROCURRENCE.COM to its customers; or
  • Use a VPN, IP address changing software, or any other method to circumvent PROCURRENCE.COM’s data protection tools.
  •  

PROCURRENCE MAY RESTRICT OR BAN USERS (SPECIFICALLY, THE IP ADDRESSES OF USERS OR BY OTHER METHODS) FROM USING PROCURRENCE.COM, AND THEREBY TERMINATE THEIR LICENSE UNDER THIS AGREEMENT, FOR VIOLATING THESE RESTRICTIONS, AT PROCURRENCE’S SOLE DISCRETION.

 

PROCURRENCE.COM USER CONTENT

 

You may contribute content to PROCURRENCE.COM in the form of blog comments and consumer reviews. The comments feature is intended to facilitate an educational and informative conversation. Such conversations are not a substitute for professional advice, and do not make you a customer of PROCURRENCE.COM or Procurrence. The customer review feature is intended to provide unbiased and un-manipulated ratings from real users of  Service Providers’ services , by providing reviews by customers actually located in the areas serviced by that Service Provider

 

If you contribute comments or reviews, you agree to the following rules:

 

  • You will not submit spam, including promotions or advertisements for other products and services.
  • You will not use the comment section or review feature to abuse, defame, harass, threaten, or post illegal content, including hate speech and pornography.
  • You will only post content that you own or have a license to post, and you will not post content that infringes on a copyright or trademark.
  • You will only review a Service Provider you have actually used.
  • Procurrence may moderate, edit, or delete comments and reviews at any time, at our sole discretion.
  • Procurrence may ban comment or customer review authors at any time, at our sole discretion.

 

LINKS TO OTHER WEB SITES

 

The Site and Content may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed in such website, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Website or in Content does not imply approval or endorsement of the linked website by us. If you decide to leave our Website and access these third-party sites, you do so at your own risk.

 

 

ESTABLISHING AN ACCOUNT 

 

Users of all ages are welcome to browse the Website; however, you may only establish an account if you are 18 years of age or over. In order to purchase products/services from the Website and in order to access/use some features on the Website, you may be required to establish and use an account providing us with your name and contact information, and information concerning your needs in order for you to avail yourself of our products /services. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account.  You agree that your information will be provided to Service Providers solely for them to determine if You qualify for Services and if the Service Providers offer the Services that meet your needs,  and if You decide to subscribe or purchase their Services, for the purposes of entering into an agreement with them for such Services, You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password shall be your responsibility.

 

 

REPORTING COPYRIGHT INFRINGEMENT (DMCA)

This website complies with the terms of the Digital Millennium Copyright Act. To report a claim of copyright infringement, please send a claim to our official agent at [email protected] or 1 (833) 427-3263, containing the following information:

  • Your contact information (name, mailing address, phone number).
  • A description of the copyrighted work that you believe was infringed.
  • A description of the content on this site that you believe is infringing your copyright. If possible, please include a web address/link.
  • A declaration that: you have a good faith belief that the use of the copyrighted materials described was not authorized by the copyright owner, agent, or the law; that the information in your notice is accurate, and that you declare, under penalty of perjury, that you are the owner or the allegedly infringed copyright or you are authorized to act on behalf of the copyright owner.
  • Your digital or physical signature.

 

INDEMNIFICATION

 

To the extent permitted by law, You agree to indemnify, defend and hold us and our partners, members, associates, agents, attorneys, employees, subcontractors, successors, assigns and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense related to your violation of this Agreement; violation of applicable law or third‑party rights (including, without limitation, patent, trademark, copyright, trade secret or other intellectual property rights); willful misconduct or use of the Site or Site Content.

 

 

DISPUTES; ARBITRATION

 

In the event of any controversy or dispute between Procurrence and You arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to arbitration.

 

Any legal controversy or legal claim arising out of or relating to these Terms of Use, the Website or the information provided by us on the Website (“Site Content”) ), excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement, shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules of JAMS.  Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party.  The arbitration shall be conducted in Boston, Massachusetts and in accordance with the governing law established below.  To the extent permitted by law, each party shall bear one-half of the arbitration fees and costs incurred through JAMS, and each party shall bear its own attorneys’ fees.

 

You agree to submit to the personal jurisdiction of the federal and state courts located in Boston, Massachusetts for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents or other intellectual property or proprietary rights, as set forth in the Arbitration provision above, including any provisional relief required to prevent irreparable harm. You agree that Boston, Massachusetts is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

 

 

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

TO THE EXTENT PERMITTED BY LAW, THE WEBSITE AND SITE CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT).  THE SITE CONTENT AND SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES OF SITE CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY SITE CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SITE; (VII) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY; (VIII) YOUR USE OF THE WEBSITE OR THE SITE CONTENT OR (IX) ANY DELAY OR FAILURE IN PERFORMANCE BEYOND OUR OR OUR AFFILIATED PARTIES’ REASONABLE CONTROL. TO THE EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR THE SITE OR SITE CONTENT.  IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, TO THE EXTENT PERMITTED BY LAW WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  WITHOUT LIMITING THE FOREGOING, TO THE EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATED PARTIES DO NOT WARRANT THAT THE WEBSITE OR SITE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE OR SITE CONTENT WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.  THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.  THIS WEBSITE AND SITE CONTENT WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE, SITE CONTENT OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

 

IN NO EVENT SHALL WE, OUR AFFILIATED PARTIES, AGENTS, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $100.00, AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

 

THIS SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

 

 

MISCELLANEOUS

 

This Agreement shall be governed by, and construed in accordance with, the laws of the Commonwealth  of Massachusetts. To the extent permitted by law, any cause of action by you with respect to the Website or Site Content must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision of this Agreement nor affect any of the rights or obligations of the parties to this Agreement. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed as much as possibly consistent with applicable law and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

 

Notices and any questions about the Agreement or this Website can be directed to:

[email protected]