Terms of Use
These Terms of Use govern your access to and use of the Prokur.io marketing website.
At a glance
Agreement to these terms
By accessing or using the Prokur.io website (the "Site") and any related services, you agree to be bound by these Terms of Use. This is a legally binding agreement between you and Prokur, Inc. If you do not agree to all of these terms, you must not access or use the Site. Your continued use of the Site after any changes to these Terms constitutes your acceptance of the new Terms.
Definitions
- "Site" means the marketing website located at prokur.io.
- "Services" means any informational services, resources, or content provided on the Site.
- "Content" means all text, graphics, data, guides, and materials available on the Site.
- "you" or "your" refers to the individual accessing the Site, or the organization on whose behalf the individual is acting.
- "Prokur", "we", "us", or "our" refers to Prokur, Inc.
- "Platform Agreement" means the separate agreement(s) governing access to our software applications.
Scope: this site versus our products
These Terms govern your use of the prokur.io marketing website only. Use of the Prokur platform at app.prokur.io and of Prokur Certify at prokurcertify.com is governed by the separate subscription or platform agreements and privacy notices applicable to those services. In the event of a conflict between these Terms and a Platform Agreement regarding those specific services, the Platform Agreement controls.
Eligibility and authority
You must be at least 18 years old to use the Site. The Site is intended strictly for business use. If you are accessing the Site on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
Permitted use and limited licence
We grant you a revocable, non-exclusive, non-transferable, and limited licence to view the Site and download materials that are expressly offered for download, solely for your internal business evaluation of Prokur's services. All other uses require prior written consent from Prokur.
Prohibited conduct
To protect our intellectual property and the integrity of our systems, you are strictly prohibited from engaging in any of the following activities:
- Using any automated tools, bots, scrapers, crawlers, spiders, or similar technology to access, scrape, index, mine, or collect content from the Site.
- Reproducing, distributing, republishing, mirroring, or creating derivative works from Site content without prior written consent.
- Using Site content, text, data, or media for training artificial intelligence (AI) models, machine learning (ML) models, large language models (LLMs), or any other automated data processing systems.
- Systematically downloading or storing Site content beyond normal, transient browser caching.
- Circumventing, bypassing, or disabling any technical measures designed to restrict access, prevent scraping, or protect the Site.
- Accessing the Site in a manner that generates excessive load, degrades performance, or interferes with normal operations and user experience.
- Framing, deep-linking, or embedding Site content on other websites or applications without express written permission.
- Attempting to gain unauthorized access to our systems, networks, or accounts.
- Probing, scanning, or penetration testing the Site or any associated infrastructure without written authorization.
- Uploading malware, viruses, or any other malicious code.
- Harvesting email addresses or contact details from the Site.
- Submitting false or misleading information through Site forms, or engaging in impersonation.
- Reverse engineering any aspect of the Site.
- Removing any copyright, trademark, or other proprietary notices.
- Engaging in any unlawful, fraudulent, or infringing use.
Reservation of rights against text/data mining and AI training
Prokur expressly reserves all rights against text and data mining and AI training. This includes reserving rights for the purposes of Article 4(3) of EU Directive 2019/790 and any comparable laws in other jurisdictions. We expressly opt out of, and strictly prohibit, any text and data mining, scraping, or use of Site Content for training or fine-tuning generative or other AI models. This reservation applies regardless of robots.txt directives, and nothing in robots.txt constitutes a licence or permission to use our content for these purposes.
Forms, submissions and feedback
When you submit information via our contact forms or resource-library forms, you agree to provide accurate and complete information. Please do not submit sensitive personal information or third-party confidential or solicitation-restricted material through the Site.
If you provide us with any feedback, suggestions, or ideas regarding our Site or services, you grant Prokur a perpetual, royalty-free, irrevocable, non-exclusive worldwide licence to use, modify, and commercialize such feedback without any obligation to you. Submissions made through the Site are not treated as confidential.
Accounts and credentials
Where the Site provides links to access Prokur accounts (such as app.prokur.io), you are entirely responsible for safeguarding your login credentials. You agree to be responsible for all activity that occurs under your account and must notify us immediately of any unauthorized use.
Informational content only — no professional advice
The guides, terminology, industry pages, certification content, and all other materials provided on the Site are for general informational purposes only. They do not constitute legal, procurement, tax, accounting, or compliance advice. Eligibility for DBE, MBE, WBE, VOSB, HUBZone, SBA 8(a), and similar programs is determined solely by the relevant certifying agencies. Prokur does not guarantee certification, award of contracts, or any particular procurement outcome. You should consult qualified professional advisers regarding your specific circumstances.
Forward-looking statements, metrics and pricing
Performance figures, statistics, and customer results shown on the Site are illustrative and do not guarantee future results. Product descriptions may reference features that are currently under development. Any prices and plan details displayed on the Site are indicative, subject to change without notice, and do not constitute a binding offer. Pricing becomes binding only when agreed upon in a fully executed order form or subscription agreement.
Intellectual property and trademarks
All content included on the Site—such as text, graphics, logos, images, source code, data compilations, and software—is the property of Prokur, Inc. or its licensors and is protected by United States and international intellectual property laws. "Prokur", "Prokur Certify", and the Prokur logo are trademarks of Prokur, Inc. Third-party trademarks, logos, and brands belong to their respective owners. No licence, right, or interest in any trademark or intellectual property is granted to you except as expressly stated in these Terms.
Third-party links, content and services
The Site may contain links to third-party websites or integrate third-party services (such as the embedded Cal.com scheduling widget). We provide these links and integrations for your convenience, but Prokur is not responsible for the content, terms of use, or privacy practices of these third parties. Your use of any third-party service is entirely at your own risk.
DMCA notice and takedown
Prokur respects the intellectual property rights of others. If you believe that any material on the Site infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) to our designated agent at support@prosperia.com.
A valid notification must include:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove infringing material and, in appropriate circumstances, terminate the access of repeat infringers. Counter-notifications must meet corresponding statutory requirements.
Privacy
Your use of the Site is also subject to our Privacy Policy, which explains how we collect, use, and protect your personal information. Please review our Privacy Policy to understand our practices.
Electronic communications and consent
By using the Site, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Site availability and changes
Prokur reserves the right to modify, suspend, or discontinue any part of the Site at any time, with or without notice, and without any liability to you. We may also restrict, suspend, or terminate your access to the Site if we believe you have violated these Terms or for any other reason, in our sole discretion.
Disclaimer of warranties
THE SITE AND ALL ITS CONTENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROKUR, INC. EXPLICITLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROKUR, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE. IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify, and hold harmless Prokur, Inc. and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms; or (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right.
Governing law and venue
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms or related to the Site shall be instituted exclusively in the state or federal courts located in Miami-Dade County, Florida. You consent to the personal jurisdiction and venue of these courts.
Dispute resolution, arbitration and class-action waiver
Please read this section carefully.
If a dispute arises, you and Prokur agree to first attempt to resolve it informally in good faith for a period of 30 days after written notice is provided. If the dispute cannot be resolved informally, it shall be resolved by binding individual arbitration administered by a recognized US arbitration provider under its commercial or consumer arbitration rules, depending on the nature of the claim. The arbitration shall take place in Miami-Dade County, Florida, unless otherwise agreed.
Class-Action Waiver: You and Prokur agree that any claims will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. We both waive the right to a trial by jury.
Exceptions: Either party may bring qualifying individual claims in small claims court. Either party may also seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights.
Opt-Out: You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending a written opt-out notice to support@prosperia.com.
If the class-action waiver is found to be unenforceable, then the entire arbitration provision shall be null and void, and the dispute shall be resolved in court as specified in Section 21.
Time limit for claims
To the extent permitted by applicable law, you agree that any claim or cause of action arising out of or related to these Terms or your use of the Site must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.
Export controls and sanctions
You may not access, use, or export the Site or its content in violation of United States export control or economic sanctions laws and regulations. By using the Site, you represent and warrant that you are not located in a sanctioned country and are not listed on any US government list of prohibited or restricted parties.
US Government end users
The Site, its content, and any related software are "commercial items" as defined at 48 C.F.R. 2.101. If you are a U.S. Government end user, we provide the Site and its content with only those rights typically granted to the public, consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4.
Force majeure
Prokur shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, 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.
General
These Terms constitute the entire agreement between you and Prokur regarding the use of the Site. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect. You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights without restriction. These Terms do not create any third-party beneficiary rights. Section headings are for convenience only and have no legal effect.
Changes to these terms
We may update these Terms from time to time. When we do, we will revise the "Last updated" date at the top of the policy. If we make material changes, we may provide a more prominent notice on the Site. Your continued use of the Site following any changes indicates your acceptance of the revised Terms.
Contact and notices
If you have any questions, concerns, or legal notices regarding these Terms, please contact us at:
- Email: support@prosperia.com
- Mail: Prokur, Inc., 1600 Ponce de Leon Blvd, Suite 907, Coral Gables, FL 33134
You can also reach out via our Contact page.
