Updated: May 21, 2018
Notice Version: 3.0
These terms of service are a binding legal document (the "Agreement") that is entered into by and between you and Batia Infotech (referred to herein as "ProProfs" and "Batia Infotech"). You agree that your use of the website at the URL: www.ProProfs.com, and any of its associated websites, including but not limited to live2support.com, helpdocsonline.com, and projectbubble.com, which Batia Infotech may change from time to time at its discretion, (collectively, the "Website"), and the services and content offered therein, shall be bound by this Agreement. This Agreement is effective as of the date you first accessed the Website and/or Services (whichever is first).
1. Description of Services: Use of Services
ProProfs provides a number of services for online help & collaboration and online learning & assessment, which may include, without limitation, quizzes & surveys, flashcards & games, training courses, knowledge bases, chat, help desk, collaborate, discuss, CRM, and project management ("Service" or "Services"). You may use the Services for your personal use or for internal business purposes in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.
Subscriber may not (a) rent, loan or re-license rights to access and/or use the Service (except as specifically provided herein); (b) modify, disassemble, decompile, or reverse engineer software included as part of the Service; or (c) se our Website or Services in any manner that violates this Agreement or any local, state, federal, or international laws.
The terms "us", "we", and "our" refer to Batia Infotech, the owner of this Website, hereinafter referred to as Batia Infotech. A "Visitor" is someone who merely browses our Website. A "Member" or "Subscriber" is someone who has registered with our Website to use our Services. The term "User" is a collective identifier that refers to either a Visitor, Member, or a Subscriber. The term "Product" refers to any products we sell or give away.
All text, information, graphics, design, and data offered through our Website or Services, whether produced by our Members or by us, are collectively known as our "Content". We distinguish content posted by our Members as "Member Content".
3. Acceptance of Agreement
This Agreement is between you and Batia Infotech.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE IT FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Batia Infotech and supersedes all other Agreements, representations, warranties, and understandings with respect to our Website, Services, and the subject matter contained herein. However, for you to use our Website and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
4. Privacy Notice
Our Privacy Notice is considered part of this Agreement and is available on this website. You must review our Privacy Notice. If you do not accept and agree to be bound by all the terms of this Agreement, including the www.ProProfs.com Privacy Notice, do not use this Website or our Services.
Any legal controversy or claim arising from or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for – or obtain any injunction relating to – website operations, intellectual property, and our Service, will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Los Angeles, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles, California necessary to protect our or your rights or property pending the completion of arbitration. Each party will bear half the arbitration fees and costs.
6. Choice of Law and Jurisdiction
This Agreement will be treated as if it were executed and performed in Los Angeles, California, and will be governed by and construed in accordance with the laws of the state of California without regard to conflict of law provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
7. Limited License
Batia Infotech grants you a nonexclusive, nontransferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our Website and Services is solely for internal, personal, noncommercial purposes unless otherwise provided for in this Agreement. Any use for commercial gain is expressly prohibited. No printout or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
8. Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Content, Services, and any software provided therein.
9. Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and Batia Infotech.
10. Our Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks without the prior permission of Batia Infotech obtained in a written instrument signed thereby. Our Content, as found within our Website and Services, is protected under United States and foreign copyrights. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.
All proprietary rights in the Service will remain in and be the sole and exclusive property of Company. Company shall have the royalty-free right to use any suggestions, ideas, feedback or other recommendations provided by Subscriber relating to the Service ("Submissions"). Company may use Subscriber's name and/or its logo on Company's website and in its marketing materials to indicate that Subscriber is a client of Company.
11. Eligibility and Registration for Membership
To use our Services, you must register with our Website to become a Member. Your Membership is not transferable or assignable and is void where prohibited. Our Website and Services are intended solely for Users who are at least (16) years of age or older. Any registration by, use of, or access to our Website by anyone under that age is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using our Website and/or Services, you represent and warrant that you are (16) years of age or older and agree to abide by all the terms and conditions of this Agreement. Batia Infotech has sole right and discretion to determine whether to accept a Member, and may reject a Member's registration with or without explanation.
When you complete the registration process, you will receive a password that will allow you to access our Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality as well as all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
12. Downloading and Uploading Files and Public Messages
By using our Service or the ProProfs Website, you warrant and represent that:
(a) All quizzes, polls, games, surveys, training, content, questions, information, data, text, software, music, sound, photographs, images, video, quiz or polls or any other type of responses, messages or other materials that you upload to the ProProfs Website ("Content") are your original works of authorship, and that, if you are uploading the image of any third party, you have obtained the right to use his or her likeness on the ProProfs Website, and (b) By using the ProProfs Website and the Services, you may be exposed to Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, vulgar, obscene, offensive, indecent, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, and you agree and consent to that exposure.
13. Interactions With Other Members
You are solely responsible for your interactions with other members on the ProProfs Website. As such, you should not give out any personally identifiable information such as your last name, personal email addresses, username or password to ProProfs.com or third-party websites/services, instant messenger addresses, personal URLs, telephone numbers and physical addresses to other members. Additionally, you should not give out any financial information or transmit electronically or physically any money to other members. You acknowledge and agree that ProProfs has no responsibility or obligations to you in the event that you choose to meet or interact with other users or members of the ProProfs Website.
Meeting strangers has inherent risks, and you solely assume all such risks if you choose to meet any third party with whom you are introduced on the ProProfs Website. You acknowledge and understand that ProProfs does not (a) in any way screen or inquire into the backgrounds of our members or attempt to verify the statements of our members, or (b) make any representations or warranties as to the conduct of members with any current or future members.
14. Subscription Services
ProProfs offers certain Paid Services that you may subscribe to for an additional charge (the "Subscription Services"). Our prices for Subscription Services vary by product and package type and are clearly stated on the "Pricing" web page for each product. These Subscription Services descriptions and Pricing are incorporated by reference into these Terms and Conditions and are exclusive of any taxes, duties, fees, or tariffs. If you purchase a Subscription Service, you will be responsible for paying all fees, as well as any such taxes. If ProProfs is required to pay any taxes on your behalf, you agree to reimburse ProProfs. Company reserves the right to modify its fees with respect to its Services and to introduce new charges (to become effective upon the upcoming Renewal Term (as defined below)), by providing Subscriber written notice at least forty-five (45) days prior to the end of the then current Term. In the event that Subscriber does not provide notice of non-renewal as allowed below, such fee changes shall become effective at the commencement of the next Renewal Term.
Subscription Services are provided on continuous service basis. This means that ProProfs will automatically renew your subscription at the end of its term unless the subscription is canceled using the tool on the account page on the ProProfs Website at any time prior to the end of the then-current subscription. You will be charged a renewal rate equal to the rate for the immediately preceding subscription period, based upon the subscription program (annual, quarterly, monthly, etc.) that you have chosen, unless ProProfs has updated to a new rate. A cancellation of a subscription requested through account page will become effective on the date that your then-current subscription period expires.
If you have elected to pay the fees referred to in this section by credit card, you hereby warrant that the credit card information provided by you is correct, and you shall promptly notify ProProfs of any changes to such credit card information. You acknowledge and agree that if the credit card payment cannot be processed for any reason, ProProfs will automatically cancel your subscription and any data stored in the premium services will be deleted.
15. Content Sales
As part of our Services, ProProfs may offer functionality which enables you to sell Content to other users or Members. You will be able to set your own prices for any such Content that you sell. You agree to pay ProProfs a commission in the amount of Twenty Percent (20%) on all sales of Content that you complete through our Service platform. Customers of premium services paying a monthly or annual fee for those services may qualify for a lower rate. All such commissions will be due and payable immediately upon your completion of the sale.
16. Fair Use Policy
For the purpose of this agreement, 'unlimited' is defined as what the vast majority of users or customers will utilize in any given month. In order to prevent misuse of the Service beyond its intended and customary use (e.g. but not limited to, resale, large third party services or mass market use, sharing of accounts etc) and to ensure good service response time to all, usage with significant amount of video / content or more than 5000 users or 30 support operators or those that otherwise create a significant system load, at ProProf's sole discretion, may be charged an extra fee or service may be permanently terminated or temporarily blocked (as deemed suitable by the company in its sole discretion).
You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or availability or functionality of the Services for other users. ProProfs will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to ProProfs or compensate us by paying an additional fee, as applicable. ProProfs shall have sole discretion with respect to whether your usage constitutes abusive or excessive use.
ProProfs may also suspend providing the Services to you if we are investigating suspected misconduct by you. If we suspend or terminate the Services you receive, we will endeavor to give you advance notice and an opportunity to export a copy of your Content from that Service. However, there may be time sensitive situations where ProProfs may decide that we need to take immediate action without notice. ProProfs has no obligation to retain your Content upon termination of the applicable Service.
17. Errors, Corrections, and Changes
We do not represent or otherwise warrant that our Website will be error-free or free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely, or otherwise reliable. Batia Infotech reserves the right at our sole discretion to change any content, software, and other items used or contained in our Website or Services at any time without notice.
Our Website publishes content supplied by third parties, Users, Advertisers, Merchants, and Sponsors. Accordingly, Batia Infotech has no editorial control over such content. Any opinions or other information or content expressed or made available by third parties, including information providers, Users, or any other user of our Website, are those of the respective author(s) and not of Batia Infotech. Batia Infotech does not guarantee the accuracy, completeness, merchantability, or fitness for any particular purpose nor the legality of any content provided by any of these parties.
You understand that we do not operate or control the products or services offered by third-party Merchants. These merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US. All rules, legal documents (including privacy policies), and operating procedures of Merchants will apply to you while on any Merchant websites.
You hereby acknowledge that nothing contained in our Website will constitute financial, investment, legal, and/or other professional advice and that no professional relationship of any kind is created between you and Batia Infotech or our Members. You hereby agree that you will not make any financial, investment, legal, and/or other decision based in whole or in part on anything contained in our Website or Services.
19. Warranty Disclaimer
Batia Infotech is not responsible or liable in any manner for any Content posted on our Website or in connection with our Services, whether posted or caused by Members of our Website, or by Batia Infotech. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit, or share on our Website or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Website or Services. Batia Infotech is not responsible for the online or offline conduct of any User of our Website or Services.
Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. Batia Infotech assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of Member communications.
Batia Infotech is not responsible for any technical malfunction or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or for any failure of email on account of technical problems or traffic congestion on the Internet, or for any combination thereof – including injury or damage to Members' or any other person's computer, mobile phone, or other hardware or software – related to or resulting from the use or downloading of materials in connection with our Website or Services, including, without limitation, any software provided through our Website or Services.
Under no circumstances will Batia Infotech be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from anyone's use of our Website or Services, or any interactions between Users of our Website or Services, whether online or offline.
Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with our Website by third parties or by any of the equipment or programming associated with or utilized by our Services.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED 'AS-IS', 'AS AVAILABLE', WITH 'ALL FAULTS', AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
Batia Infotech, INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES. Batia Infotech CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. Batia Infotech DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED.
Batia Infotech DOES NOT WARRANT, AND SPECIFICALLY DISCLAIMS, THAT THE WEBSITE OR SERVICES ARE COMPLIANT WITH ANY LAWS, REGULATIONS, REQUIREMENTS, OR OTHER SPECIFICATIONS WITH RESPECT TO ANY INDUSTRY, INCLUDING BUT NOT LIMITED TO MEDICINE AND MEDICAL DEVICES, EMERGENCY SERVICES, LAW ENFORCEMENT, OR ANY OTHER INDUSTRY WHERE ERROR-PROOFING, REDUNDANCY, AND/OR A HIGH LEVEL OF SECURITY ARE WARRANTED.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. Batia Infotech AND ITS AFFILIATES, DIRECTORS, EMPLOYEES AND AGENTS SHALL NOT LIABLE TO YOU (OR ANY THIRD PARTY) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF DATA, 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. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Batia Infotech.
OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
20. Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Batia Infotech'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE AND/OR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
21. Member Conduct
Members may post their content to our Website through our Services (Member Content). Members and Visitors understand that by using our Website or Service, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee its quality, accuracy, or integrity. Batia Infotech is not responsible for the monitoring or filtering of any Member Content. Should any Member Content be found illegal, Batia Infotech will submit all necessary information to relevant authorities.
If any Member Content is reported to Batia Infotech as being offensive or inappropriate, we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by Batia Infotech. If the Member fails to meet such a request, Batia Infotech has full authority to restrict the Member's ability to post Member Content OR to immediately terminate the Member's membership without further notice to the Member. Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or that is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members will respect copyright and trademark laws.
You warrant that you will not use our Services to infringe on the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members whom we deem, in our sole discretion, to be infringers of others' intellectual property rights.
22. Copyright Dispute Policy
ProProfs respects the intellectual property rights of others and expects our Members to do the same. ProProfs will respond to claims of copyright infringement committed using the ProProfs Website and the Services that are reported to the ProProfs designated copyright agent, who may be contacted by reviewing our DMCA process here: https://www.proprofs.com/dmca/
If you are a copyright owner or are authorized to act on behalf of a copyright owner, please report any alleged copyright infringement taking place on the ProProfs Website by providing the following DMCA Notice of Alleged Infringement (the "Notice"). Upon receipt of a Notice as described below, ProProfs will take actions in accordance with the law and to the extent possible, as we, in our sole discretion, deem appropriate. Such actions may include, without limitation, removal of the challenged use from the ProProfs Website and account cancellation for repeat offenders.
23. DMCA Notice of Alleged Infringement
Each Notice shall:
1. Identify the copyrighted work, by title and with sufficient detail so that we can locate the infringing material on the ProProfs Website that you claim has been infringed and that access to which is to be disabled.
2. Include your full legal name, physical or electronic signature, mailing address, telephone number and email address.
3. Include both of the following statements in the body of the Notice:
- "I hereby state that I have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law."
- "I hereby state, under penalty of perjury, that the information provided is accurate, and that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
The Notice should be delivered to our Designated Copyright Agent at the address set forth above.
Philip A. Nicolosi
Phil NIcolosi Law, P.C.
6735 Vistagreen Way, Suite 210
Rockford, IL 61107
Please send your Infringement Notice by email to: [email protected]
Please use the following subject line: "Notice of Infringement."
24. As a Member, you agree not to use our Services to do any of the following:
Upload, post, or otherwise transmit any Member Content that:
1. Violates any local, state, federal, or international laws
2. Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
3. Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortious, libelous, invasive of another's privacy, hateful, or racially, ethically, or otherwise objectionable
4. Links directly or indirectly to any materials to which you do not have a right to link
5. Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
6. 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, or to extract information from our Website, the Services, or any Member or third party
7. Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
8. In the sole judgment of Batia Infotech is objectionable or restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose Batia Infotech, our affiliates, or our Users to any harm or liability of any type
9. Cheats or manipulates votes or otherwise misleads people by creating fake user profiles
10. Activities which compromise the integrity of any competition, competition entries, and/or points awarded.
11. Solicits personal information from a child under 16 years of age.
25. As a Member, you further agree not to use our Services to use our Content to:
1. Develop a competing website
2. Create compilations or derivative works as defined under United States copyright laws
3. Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
26. Right to Purge Content
ProProfs reserves the right to purge Content from its databases created by any User (including premium service members that pay a subscription fee) at any time in our sole and absolute discretion without notice. You acknowledge and agree that you are solely responsible for backing up any Content uploaded to the ProProfs Website or received through the use of the Services. ProProfs shall not be liable for any purging, deletion, or failure to retain or record any such Content.
27a. Use of Information
You grant Batia Infotech a license to use the information and materials you post to our Website. By posting, displaying, transmitting, performing, or otherwise distributing information or other content ("Member Content") to our Website, you are granting Batia Infotech, its officers, directors, employees, agents, consultants, representatives, affiliates, and assigns a license to use the Member Content in connection with the operation of the businesses of Batia Infotech, its directors, employees, officers, affiliates, representatives, consultants, and agents, including without limitation, a right to distribute, copy, transmit, publicly display, publicly perform, reproduce, translate, edit, create derivatives from, and reformat Member Content. You understand and agree that you will not be compensated for any Member Content. By posting Member Content on our Website or Service, you warrant and represent that you own the rights to the Member Content or are authorized to post, display, distribute, perform, or transmit Member Content.
27b. Use of Information for Paid Subscribers
In any instance where a Subscriber creates private content during the duration of his/her paid Subscription Services ("Paid Member Content"), Batia Infotech shall not use Paid Member Content publicly as defined in section 27a.
For the avoidance of doubt and notwithstanding the foregoing, Company's license in Section 27a continues to allow the use of Member Content in an aggregated, anonymized form in order to provide certain services to its other customers.
28. Effect of Account Expiration
If the Subscriber's paid Subscription Services term expires or otherwise lapses (whether due to late payment, rejected payment method, or other reason), Subscriber's account shall be downgraded to a free account (if available) or deleted. Member Content of free Subscribers may be deleted without warning and without notice.
Batia Infotech shall have no liability and no obligation with respect to Member Content deleted in such manner. Subscriber shall be solely responsible for ensuring that Subscriber's payment method is up to date and Subscriber's term does not inadvertently expire.
29. Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
30. Linking to Our Website
You may provide links to our Website provided that (a) you do not remove or obscure any portion of our Website by framing or otherwise, (b) your website does not engage in illegal or pornographic activities, and (c) you cease providing links to our Website immediately upon our request.
31. Links to Other Websites
Our Website may from time to time contain links to third-party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites. Batia Infotech has no control over the legal documents and privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review the privacy notice and terms and conditions of those websites to fully understand what information is collected and how it is used.
You represent and warrant that if you are purchasing something from us, (i) any payment information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
33. Refund Policy
We have a 30-day money back guarantee for all of our plans and products.
34. Termination of Membership
Your membership with us is effective until terminated by you or us. Your rights under these Terms and Conditions will terminate without our notice if you fail to comply with any term of these Terms and Conditions. Upon termination, you will stop representing yourself as a registered Member or Client. You must delete or destroy any information or content (including all copies) obtained from our Website. Certain provisions of this Agreement, including, but not limited to, copyrights, intellectual property, indemnity, trademarks, limitation of liability, warranty, user submissions, collection of information, prohibited items and activities, and jurisdictional issues will survive the termination of this Agreement.
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of our Website or Services.
By providing your e-mail address to ProProfs you hereby consent to ProProfs sending you e-mails regarding, arising from, or otherwise relevant to the Services and/or Website. We reserve the right to change these Terms and Conditions at any time by giving you advance notice of the changes by email or in writing. We will also post these changes on our website. These changes will become effective 30 days after receipt of the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website, Services, and Products after any change to these Terms and Conditions and our notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Website, Services, and Products.
You acknowledge and agree that ProProfs may retain third party contractors and service providers ("Subcontractors") in order to and in relation to the provision of the Services and the Website. You hereby consent to ProProfs providing said Subcontractors with your information to the extent necessary for them to provide their services in relation to the Services and Website. ProProfs may assign this Agreement to any affiliate, or to any third party acquirer of all, or substantially all, of the Website and Services, without your consent, by providing you with thirty (30) days advance written notice thereof. If you disagree with such assignment you shall terminate your account by providing Batia Infotech with written notice thereof.
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed, to the extent possible, to be consistent with applicable law and the intent of the parties, and the remaining portions will remain in full force and effect. For the avoidance of doubt, Content cannot legally bind ProProfs absent a duly executed written instrument. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.