Welcome to Prokur
Prokur, Inc. (“Prokur”) has entered into an Application License Agreement with an entity (the “Customer”) that has designated you as an authorized “User” as that term is defined in the Application License Agreement. This is the Terms of Use and Privacy Policy that applies to your access to and use of the Prokur application, software, and services (collectively, the “Prokur Services”).
This Terms of Use and Privacy Policy (these “Terms”) is a legally-binding agreement between Prokur and you. If you don’t agree to these Terms, you may not access or use the Prokur Services. In these Terms, Prokur may also be referred to as “us”, “our”, or “we” and you are referred to simply as “you” or “your”.
Terms of Use
Registration to Use the Prokur Services; Account Security
You must register with us in order to access and use the Prokur Services. When registering for the Prokur Services, you will be asked to provide certain information, including, but not limited to, your full name, professional title or position, and business email address. Please ensure that all such information is correct, current, and complete. You agree to notify us of any changes to such information by updating your account profile or contacting us using the contact information available below.
Please keep your username and password confidential and do not share your password with anyone else. You agree to notify us immediately via the email address below of any actual or suspected unauthorized use of, or access to, your username or password or any other breach of security.
Using the Prokur Services
Subject to the restrictions below, you may use the Prokur Services solely for use in connection with your professional duties and the authorization granted to you by the Customer (the “Authorized Purpose”).
Subject to compliance with these Terms, upon registration for the Prokur Services, Prokur grants you a revocable, non-exclusive, and non-transferable license to access and use the Prokur Services for the Authorized Purpose. This license automatically terminates upon any of the following: (i) the termination of your Prokur Services account; (ii) the end of your relationship with the Customer; (iii) the revocation of your designation and authorization to use the Prokur Services by the Customer; and (iv) the termination of the agreement between Prokur and the Customer.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material provided by Prokur or its vendors contained in, or generated by, the Prokur Services, except that you may store files that are automatically cached by your web browser for display enhancement purposes. The foregoing does not restrict the rights to material generated by you.
Restrictions on Use
While using the Prokur Services, you agree not to:
Allow anyone not a registered User access to or use of the Prokur Services.
Use the Prokur Services in any manner that could disable, interfere with or impair it or interfere with any other user’s use of the Prokur Services.
Use any process to use, monitor or copy any of the Prokur content on the Prokur Services or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Prokur Services.
Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Prokur Services or any part thereof.
Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices provided on or with the Prokur Services.
Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Prokur Services, or any features or functionality of the Prokur Services, to unauthorized third parties for any reason, whether or not over a network or on a hosted basis, including in connection with the internet or any web hosting, wide area network (WAN), virtual private network (VPN), virtualization, time-sharing, service bureau, software as a service, cloud, or other technology or service.
Use the Prokur Services in violation of any law, regulation, or rule, or third party’s rights.
Proprietary Rights
The Prokur Services and its entire contents, features, and functionality, including, without limitation, software, source code, format, structure, user interface and experience, programs, applications, database, compilations, algorithms, artificial intelligence technologies and machine learning models, are owned by Prokur, its licensors, or other providers of such material and are protected by intellectual property laws, including patent, trademark and copyright laws. The Prokur name, the Prokur logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Prokur or its affiliates or licensors. You may not make commercial use of the Prokur trademarks. Prokur retains all right, title and interest, including all related intellectual property and proprietary rights to the Prokur Services and its trademarks.
You agree not to upload or provide any content that: (i) infringes any third party intellectual property or publicity or privacy rights; (ii) violates any applicable law or regulation; (iii) is defamatory, abusive, harassing, harmful, or fraudulent; (iv) contains viruses or malware; or (v) is otherwise objectionable, as determined by Prokur.
Disclaimer and Limitations of Liability
The Prokur Services is provided “AS IS” without warranties of any kind. We do not warrant the accuracy, completeness, or usefulness of any information, feature, or functionality of the Prokur Services, including any third party services. We disclaim all liability arising from any use of the Prokur Services and all warranties, whether express or implied, including, but not limited to, the warranties of merchantability, title, fitness for a particular purpose, non-interference, quiet enjoyment, accuracy, and non-infringement. Prokur takes no responsibility and assumes no liability for the actions or omissions of other users.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROKUR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, CONTENT, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PROKUR SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY USING THE PROKUR SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR COMMUNICATIONS OR INFORMATION. IN NO EVENT SHALL PROKUR’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PROKUR SERVICES EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
The Prokur Services may include or make available to you content provided by third parties, including by other users of the Prokur Services. We are not responsible, or liable to you or to any third party, for the content or accuracy of any such content. Any third party services may be governed by the terms and conditions of such third parties. You agree to abide by such third party’s terms and conditions relating to your use of and access to such third party services made available to you through the Prokur Services.
Indemnification
You agree to fully indemnify, defend, and hold harmless Prokur and its officers, directors, employees, agents, contractors, service providers, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind arising from or relating to (i) your use of the Prokur Services in violation of these Terms, and/or (ii) third party claims that any content you provide Prokur or the Prokur Services infringes applicable laws or third party intellectual property or other rights.
Governing Law
These Terms are governed by the laws of the State of Florida, U.S.A., without regard to its conflict of laws principles. Any claim arising under or relating to this Agreement shall be brought and resolved solely and exclusively in the state or federal courts located in the State of Florida, Miami-Dade County. You agree not to object to the exercise of personal jurisdiction by or to venue in any such court.
Miscellaneous
These Terms and any supplemental terms and guidelines posted on or made available through the Prokur Services constitute the entire agreement between you and us and supersede all previous written or oral agreements, other than the agreement between Prokur and Customer. If any provision of these Terms are deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
We may update the content or modify the Prokur Services from time to time. We may revise and update these Terms from time to time in our sole discretion. The updated version of the Terms will be posted on the Prokur Services with an updated effective date. Your continued use of the Prokur Services following the effective date of the amended Terms means that you accept and agree to the Terms, as amended. You are responsible for regularly reviewing these Terms and any amendments thereto, so please check this page so that you are aware of any changes.
Terminating your Account
We may suspend or terminate your account or cease providing you with access to the Prokur Services at any time for any or no reason, including, but not limited to, if we reasonably believe you have violated these Terms or if it appears that the account is a duplicate or not created by an authorized user. You may terminate your Prokur account and cease to use the Prokur Services at any time, upon written notice to Prokur or by deleting your account.
Privacy Policy
Information Collected
We may automatically collect certain information when you use the Prokur Services. For example, we may collect identifying information that allows us to track the number of users of the Prokur Services and the way users navigate through the Prokur Services. The types of identifying information collected may include the date and time you use the Prokur Services, the content viewed, your IP address and associated location information, as well as the operating software and browser being used to access or use the Prokur Services.
The Prokur Services also utilizes “cookies” to collect certain information. A “cookie” is a small text file that may be used to collect information about User activity on the Prokur Services or to track users across the Internet. For example, when a User visits a page within the Prokur Services, a cookie may be placed on the User’s machine (if the User accepts cookies) or is read if the User has visited the Prokur Services previously. Some of the cookies we use may be flash cookies or Adobe cookies.
We also collect information you provide or share with us, such as your registration information, feedback, and questions.
Use of Information Collected Via the Prokur Services
We may use information that is collected on the Prokur Services for the following purposes:
To operate, improve, manage, and protect the Prokur Services.
To ensure the Prokur Services is relevant to the Customer.
To communicate with you regarding the Prokur Services or to respond to questions we receive from you or the Customer.
To perform functions or services pursuant to our agreement with the Customer.
Sharing and Disclosure of Information
Prokur may share the information we collect to help manage our business for things that include, but are not limited to, the following:
In order to provide the Prokur Services and other services to you and the Customer.
To unaffiliated third-party service providers, agents or independent contractors who help us maintain the Prokur Services and provide other administrative services to us.
To comply with the law or in the good faith belief that such action is necessary in order to comply with the requirements of law or requests from law enforcement or government agencies, to comply with legal process served on us, or to protect and defend our rights or property, including the rights and property of Prokur, or act in urgent circumstances to protect the personal safety of our users.
As part of a merger, consolidation, or other proposed or enacted business combination.
How to Contact Us
If you have any questions or comments about these Terms, or if you would like to provide us with any notices required under these Terms, please contact us by email at info@prosperia.com.