Terms of Service

PROskore Terms of Service Agreement

Last Updated: November 17, 2011

Welcome to the Terms of Service Agreement for PROskore Inc. This agreement describes the terms on which you may access and use our services. To become a PROskore user, accept all of the terms and conditions of this agreement as well as our Privacy Policy. In the event of any inconsistency between the PROskore Privacy Policy and this User Agreement, the User Agreement shall prevail. If you do not agree to be bound by the terms of this Agreement, you may not use nor access our services.

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
PROskore is a one-stop shop for business professionals to network and market their business. PROskore users can connect (‘network’) with thousands of other users from around the world as well as market their business through our premium features that include SEO, SEM, Advertising, Press Release Distribution, Events and more.

Membership Eligibility
The PROskore service is not available to minors under the age of 18 or to any users suspended or removed from the system by PROskore for any reason. Additionally, users are prohibited from selling, trading, or otherwise transferring their PROskore account to another party. If you do not qualify, you may not use the PROskore service.

Use of Service
Your use of the PROskore is governed by this User Agreement. PROskore may refuse service without prior notice to any user for any or no reason.
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify PROskore of any unauthorized use of your password or account or any other breach of security. PROskore cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Termination
You agree that PROskore may, with or without cause, immediately terminate your account and access to PROskore services without prior notice. Without limiting the foregoing, the following will lead to a termination by PROskore of a user’s account (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your PROskore account includes removal of access to all offerings within the PROskore Service and may also bar you from further use of PROskore Furthermore, you agree that all terminations shall be made in PROskore’s sole discretion and that PROskore shall not be liable to you nor any third-party for any termination of your account or access to the PROskore Service.

REFUND POLICY
PROskore, Inc. will gladly stop monthly or yearly automatic billing on any account or service provided. If you sign up for a monthly service and request the service to be canceled, your account will no longer be rebilled starting with the date of your notification. Your service will still be active until the renewal date; at which time the account will be canceled and deleted from our system.

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 protected]

User Conduct
You understand and agree not to use PROskore to:
• Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
• Use the PROskore Service for any illegal purpose, including but not limited to conspiring to violate laws.
• Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
• Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
• Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
• Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to a) Using PROskore invitations to send messages to people who are unlikely to recognize you as a known contact; b) Using PROskore to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.
• Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• Stalk or harass anyone.
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the PROskore Service.
• Post content in fields that aren’t intended for that content. Example: Putting an address in a name or title field.
• Interfere with or disrupt the PROskore Service or servers or networks connected to the PROskore Service, or disobey any requirements, procedures, policies or regulations of networks connected to the PROskore Service.

International Use
Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Information Provided on this Website
In the course of using PROskore, users may provide information about themselves which may be visible to certain other users (see our Privacy Policy to learn more about information collected on this website). You understand that by posting materials on the PROskore website or otherwise providing materials to PROskore, you are granting to PROskore a royalty-free, perpetual, irrevocable license to use this information in the course of offering the PROskore service. Furthermore, you understand that PROskore retains the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through the PROskore is the sole responsibility of the person from which such content originated and that PROskore will not be liable for any errors or omissions in any content. You understand that PROskore cannot guarantee the identity of any other users with whom you may interact in the course of using the PROskore Service. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves or relationships they may describe.

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.

Access to Service
Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the PROskore website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

Communications
In the course of providing you services, PROskore may need to communicate with you via email (see our Privacy Policy to learn more about communications). You agree to receive emails which are specific to your account and necessary for the normal functioning of the PROskore, including a series of emails which help inform new users about various features and upgrade opportunities. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through PROskore

Uploaded Emails - Third Party Platforms
Growing your network often begins with inviting your existing contacts to join you on a new network like PROskore PROskore simplifies the process by providing an automated way to invite multiple people across a variety of communication platforms (other social networks, email accounts, etc.). Note: PROskore is not liable for any communication made between our users and members of other networks or the networks themselves. Invitations originating from PROskore to people outside of the network at the request of our current users are done entirely independent of PROskore and therefore absolve PROskore from damages or complaints that may be brought by a recipient or third-party platform.

Monitoring and Enforcement
While we have the right to monitor activity and content associated with PROskore, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we don’t guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact our Customer Service Department to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.

PROskore Press (www.fastpitchpress.com):
PROskore provides a press release posting and distribution service designed to provide additional exposure to it’s users. Through the PROskore website and it’s sister sites (www.fastpitchpress.com for example), PROskore optimizes all of it’s users submissions and distributes them through our distribution network of search engines and media outlets.

Use
You are responsible for the content and accuracy of all news copy and other information submitted by you to PROskore ("PROskore Press") (the "Submitted Materials"). Because of the volume of information and copy submitted to PROskore and PROskore Press, PROskore cannot be responsible for verifying facts contained in Submitted Materials.

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 endeavors to disseminate Submitted Materials promptly and accurately. Any inadvertent errors by PROskore will be corrected promptly upon discovery, without additional charge, and such obligation to correct shall constitute the sole liability of PROskore in this regard.
All Submitted Materials transmitted by PROskore must align itself with a PROskore Profile which must contain (at least) a user-supplied contact name and phone number and a clearly identifiable source. The source gives legitimacy to the release by indicating who is responsible for the content and cannot be the name of an agency issuing news on your behalf.

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.
You agree to use the Service for its intended purpose and not for any illicit purposes including, but not limited to, the reverse engineering of the site and/or its processes and the inclusion of such processes or services in a derivative service. You shall not query, spider or access any PROskore systems with the express written consent of PROskore

Fees
Signing up for a basic PROskore account is free. PROskore also offers a variety of ‘Premium’ services that may include a monthly fee and or a one-time ‘upgrade’ (example press release enhancements) or ‘event’ charges. All of these charges are presented clearly to our users during each ‘sign-up’ process. Subscriptions to PROskore are billed on either a monthly (every four weeks), quarterly or annual basis from the date of the initial sign-up. PROskore reserves the right to modify the pricing of, add to, or discontinue a PROskore service or any portion thereof without prior notice.
Paid members are responsible for keeping their billing information current including expiration dates, billing address, etc. Members whose billing experiences a failure will be notified via email and upon login to their profile. All premium services provided through the membership will cease until updated billing information is provided. Members will have an opportunity to update their billing information to re-activate their membership. Note: Subscriptions that require additional processing by PROskore employees may receive a $15.00 process / handling fee each month that billing requires additional handling by PROskore employees.

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
In the event of cancellation, both parties shall be obliged to restore any benefits already received in accordance with legal provisions, and issue any gains (e.g. interest). This means that all activity related to your profile becomes the sole possession of PROskore including all efforts related to SEO, SEM, etc. So for example, if our SEO efforts get your profile ranked #1 on Google and you decide to cancel, the ranking by virtue of the profile (owned by PROskore) becomes the possession of PROskore. PROskore has the right to use the profile ranking thereafter however it wishes.

Indemnification
By accepting this User Agreement, you agree to indemnify and otherwise hold harmless PROskore Inc., its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the PROskore; ii) unauthorized access to or alteration of your communications with or through PROskore, or iii) any other matter relating to PROskore. Any business transactions which may arise between users from their use of PROskore are the sole responsibility of the users involved.
Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that PROskore may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of PROskore, its users, and the public.

Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE PROskore SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT PROskore DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. PROskore ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. PROskore EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

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.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Entire Agreement
The User Agreement constitutes the entire agreement between you and PROskore and governs your use of the PROskore Service, superseding any prior agreements between you and PROskore.

Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROskore SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROskore HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL PROskore’S TOTAL CUMULATIVE DAMAGES EXCEED US$ 100.

Governing Law
The User Agreement between you and PROskore, Inc. will be governed by and construed in accordance with the laws of the State of Florida without regard to conflict of laws principles.

General Information
PROskore, the PROskore logo, and other PROskore logos and names are trademarks of PROskore Inc. You agree not to display or use these trademarks in any manner without PROskore’s prior, written permission. The section titles of this User Agreement are displayed for convenience only and have no legal effect.

Please send any questions or comments, or report violations of the User Agreement to:
PROskore Inc.
Attn: User Agreement Issues
1413 Boulevard of the Arts
Sarasota, FL 34236

**Addendum**

PROskore MAIL Terms of Service

PROskore MAIL is an email marketing tool designed for businesses. PROskore MAIL is a service provided by PROskore, Inc., an online business network headquartered in Sarasota, FL. This service may not be used for the sending of unsolicited email ("spam"). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice.

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

All subscription plan prices are subject to change at any time. All applicable fees paid to PROskore MAIL are non-refundable, unless an account is terminated by PROskore MAIL for a reason other than violation of the Permissions and Privacy Policy. Payment for Services will be made by a valid credit card accepted by PROskore MAIL. If PROskore MAIL is for any reason unable to effect automatic payment via your credit card, you will be notified via email.

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 will adopt and maintain the Permissions and Privacy Policy, which may be modified by PROskore MAIL from time to time.

You may not use PROskore MAIL to distribute illegal contests, pyramid schemes, chain letters, or multi-level marketing campaigns.

Exploitative Use

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.

Termination

You may terminate this Agreement at any time by sending an email message to [email protected] 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 terminate this Agreement or the Services at any time with or without cause, and with or without notice. PROskore MAIL shall have no liability to you or any third party because of such termination. If PROskore MAIL terminates this agreement because you violated the Permissions and Privacy Policy, no refund will be issued.

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.

Miscellaneous

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 PROskore MAIL customers must follow the rules of the federal CAN-SPAM act and PROskore MAIL Permission and Privacy Policy when sending email through the service. Accordingly, we require the following of email messages sent through the PROskore MAIL system:

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.