Terms and Conditions

Terms and Conditions

User's Acknowledgment and Acceptance of Terms

1. User's Acknowledgment and Acceptance of Terms ProsperBe Inc. (referred to as "us" or "we") provides the www.prosperbe.com site and various related services (together referred to as this "site") subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written agreement between us (or your company). In addition, when using particular services or materials on this site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use. BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
You must be at least thirteen (13) years of age to use our services. These Terms of Use are effective as of _______________, 2021. We reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use periodically and to be aware of any modifications. Your continued use of this site after such modifications will constitute your acknowledgment of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use. As used in these Terms of Use, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

ProsperBe Operates as an Online Marketplace for local service

2. ProsperBe operates as an online marketplace that links Clients with service providers who wish to provide a variety of services. ProsperBe does not hire freelancers and has no employees. Local Pros are typically engaged in an independently created business that is similar to the one they provide services for on the ProsperBe Platform. Local Pro has no influence over or directs the Freelancers' performance of their services, nor does it dictate where they work, how long they work, or the terms on which they do so. Local Pro provides services under their own name rather than under the ProsperBe brand. LOCAL PRO OFFERS ITS CUSTOMERS ITS OWN EQUIPMENT AND MATERIALS TO COMPLETE THE SERVICE. LOCAL PRO IS FREE TO KEEP A CLIENTELE AND PROVIDE SERVICES ON COMPETING PLATFORMS, AS LONG AS IT DOES NOT VIOLATE PROSPERBE'S TERMS OF SERVICE. LOCAL PROS HAVE THE FREEDOM TO ACCEPT OR REJECT CLIENTS AND CONTRACTS. LOCAL PROS ARE NOT PENALIZED FOR REJECTING CLIENTS OR CONTRACTS. However, if a Local Pro accepts a Client or contract through the ProsperBe Platform, he or she is obliged to fulfill their contractual obligations to their customer. The Local Pros marketplace sets its own prices for services offered in the general market, with ProsperBe taking no cut. The ProsperBe Platform is a business employment service, and it is not in any way affiliated with the Users. Individual or partnership profit or loss is possible when individual Pros acknowledge and agree that they have the capacity to exercise independent business judgment in signing Service Agreements and executing quality work, and that depending on how they use such business judgment, there is a chance for individual gain or loss.

 

Description of Services

3. Description of Services

We make various services available on this site including, but not limited to, A platform to help local businesses to be connected with local freelancers and business employees. You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and modem; and your own Internet access (including payment of telephone service fees associated with such access). We reserve the sole right to either modify or discontinue the site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should  we exercise such rights. Modifications may include, but are not limited to, changes in the pricing

structure or the addition of fee-based services. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.

You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

 

Registration Data and Privacy

4. Registration Data and Privacy

In order to access some of the services on this site, you will require a separate account and password that can be obtained by completing our online registration form, which requests certain information and data ("Registration Data") and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.

You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of this site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

 

Payment of Fees

5. Payment of Fees

 

If you subscribe to a service on this site that requires payment of a fee, you agree to pay all fees associated with such service. For all charges for services on this site, we will bill your credit card. Recurring charges are billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within thirty (30)

days of the change. If, for any reason, your credit card company refuses to pay the amount billed for the service, you agree that we may, at our option, suspend or terminate your subscription to the service and require you to pay the overdue amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated accounts.

You agree that until your subscription to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the service. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

NO REFUNDS SHALL BE GIVEN FOR ANY TRANSACTIONS ON OUR SITE.

 

Conduct on Site

 

6. Conduct on Site 

 

Your use of the site is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the contents of your communications through the site. By posting information in or otherwise using any communications service or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that: 

(a) Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies; (b) Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; 

(c) Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; 

(d) Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; 

(e) Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or 

(f) Impersonates any person or entity, including any of our employees or representatives. We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services or other interactive services that may be available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See "Use of Your Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party. In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else's use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability. You agree that we may at any time, and at our sole discretion, terminate your membership without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

Third Party Sites and Information

7. Third Party Sites and Information 

This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

Identity Information. 

8. Are you a Freelancer? WE WILL CONDUCT A BASIC CRIMINAL HISTORY CHECK ON YOU. THIS IS TO ENSURE THAT YOU ARE WHO YOU SAY YOU ARE. Our Third-Party software (https://sterlingcheck.com), as required and permitted by law in your jurisdiction, as well as such information as may be needed to validate your identity.

Financial Information. 

9. To assist local firms, freelancers, and customers to establish a payment account with ProsperBe Inc. Customers can use their bank accounts or credit cards to receive payments from ProsperBe Inc. As a result, we collect and use financial information to operate the ProsperBe Inc Platform and guarantee that Clients pay local enterprises and freelancers on time. We do this as needed for our legitimate business interests in providing our platform and services, as well as to fulfill our obligations with Users. To keep your financial data safe, we've engaged a third party (stripe.com) to maintain and process your payment information.

Intellectual Property Information

10. Intellectual Property Information Copyright (c) 2019-2021 ProsperBe Inc. All Rights Reserved. For purposes of these Terms of Use, "content" is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes, but is in no way limited to other original content. By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of ProsperBe Inc. and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See "Use of Your Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party. The following are registered trademarks, trademarks or service marks of ProsperBe Inc. or its Affiliates: _____________. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of ProsperBe Inc. or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of ProsperBe Inc. or its Affiliates.

User's Materials

11. User's Materials 

Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used. Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance. We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include: 

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed' 

(b) Identification of the copyrighted work claimed to have been infringed; 

(c) Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; 

(d) Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials; 

(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and 

(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated. Designated Agent for Claimed Infringement: General Counsel for ProsperBe Inc. Tamir Rodriguez, President of Customer Relations 4 W Dania Beach Blvd 2nd Floor, Dania Beach, FL 33004 954-669-8228 www.prosperbe.com Your acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

Disclaimer of Warranties

12. Disclaimer of Warranties 

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT 

(a) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, 

(b) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, 

(c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR 

(d) THE QUALITY OF ANY SERVICES PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE PHONE, TABLET, OR OTHER ELECTRONIC DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance, installation and delivery terms relating to such transactions, are agreed solely between the freelancer or contractor of such services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES. Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with ProsperBe Inc.. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized ProsperBe Inc. spokesperson speaking in his/her official capacity. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

13. Limitation of Liability Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Use and your use of this site shall be limited to the amount you paid us for the services on the site during the twelve (12) month period before the act giving rise to the liability. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS, FREELANCERS OR CONTRACTORS FOUND THROUGH OUR SITE OR SERVICES. YOU UNDERSTAND THAT WE DO NOT PERFORM THE BACKGROUND CHECKS ON THIRD PARTIES WE CONTRACT WITH OR USERS OF OUR SITE OR SERVICES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

 

14. Indemnification Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Participation in Promotions

15. Participation in Promotions 

From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

Mobile Device and Services

16. Mobile Device and Services 

ProsperBe, Inc. provides certain services available via mobile device including the ability to browse services and sites from a mobile device, access certain features through an application downloaded and installed on a mobile device and make in-app purchases via mobile device (collectively referred to as “Mobile Services”). By accessing and using our site on your mobile device and/or purchasing, downloading and using our Mobile Services, you acknowledge and agree that you may receive certain communications from the Mobile Services (such as SMS, MMS, text messages, mobile emails, or other electronic communications means). Delivery of our services may only be available where the network is available. Some of our Mobile Services may allow you to enable certain Global Positioning System (“GPS”) features on your mobile device. Your turning on this feature will allow us to provide you with location based services. By using this feature, you authorize us to access GPS tracking services, wi-fi, and/or cellular triangulation to discover your location. You may turn off this feature according to the location settings on your mobile device. For more information on how we use your location information, see the Privacy Policy governing our site and mobile application, which is specifically incorporated by reference into these Terms of Use. You understand and agree that by accessing and using our Mobile Services, you may incur fees from the provider or carrier of the mobile services that you use and you are solely responsible for the payment of such fees, including for text messages and data. You understand and agree that your carrier's normal rates and fees, such as text messaging and data charges, will still apply, regardless of whether or not we charge a fee for our services. Not all Mobile Services may work with all carriers or devices

Use of Site and Storage of Material

17. Use of Site and Storage of Material 

You acknowledge that we may establish general practices and limits concerning use of the services available on our site, including without limitation the maximum number of days that uploaded content will be retained on the site and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site, including Registration Data. 

ProsperBe’s Security of Collected Information:

18. ProsperBe’s Security of Collected Information: Only you and authorized ProsperBe staff have access to your account information, which is secured by a password. To keep your account secure, do not give it to anyone. Also, before someone else logs on to your ProsperBe account, you should sign out of it and close the browser window. This will safeguard the information you input on public machines from being shared with third parties. ProsperBe uses and maintains sufficient administrative, physical, and technical security measures to secure your data from loss, theft, misuse, and access by unauthorized persons. ProsperBe's staff are committed to keep this Privacy Policy and other privacy measures up to date, monitoring security on a regular basis, and ensuring that all ProsperBe employees are informed of our security standards. However, internet transmission is not entirely secure, and information about you may not be protected.

Security and Password

19. Security and Password 

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.

Export Controls

20. Export Controls 

Software available on or through this site is subject to United States Export Controls. No software from this site may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Affiliate Program

21. Affiliate Program: Some ProsperBe Inc content is "sponsored by" or "presented by" other companies. If you connect to the ProsperBe Inc Platform through a co-branded version of our ProsperBe Inc Platform or otherwise participate in one of our affiliate programs, we may share information about your use of the ProsperBe Inc Platform with that affiliate in order to offer the integrated platform and to evaluate the affiliate program. We may also share your Personal Information with our affiliates in order to obtain more information about you or to develop marketing offers that may be of interest to you. Please read such an affiliate's privacy policy before disclosing personal information about yourself. If you do not want these affiliates to have access to your Personal Information, you can opt-out.

International Use 

22. International Use: Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited

Users description. 

23. Users description: ProsperBe Inc facilitates contact between local customers and local businesses and freelancers.

Local Customers: They are the individuals who want to repair any problem in their house or property and need a PRO on the same day to repair, install, or build for them. They want to feel safe knowing that the Professional will be there for them.

Local Pro Freelancers: A Do-it-yourselfer is a person who lives in the community and has the knowledge to repair, construct, or install things. He's mobile and can get to any location within 30 minutes or less. They have all of the supplies connections they'll ever need for any type of home improvement project. They are covered by their own insurance and may operate with a license of their own.

Local Pro Businesses: Is one that sells its goods and services to people in the same city, town, or geographical region as itself. A locally owned company or a multinational corporation with numerous branches located in a certain area might be referred to as a local business.

YOU AGREE THAT PROSPERBE HAS THE RIGHT TO SHARE ONE USER'S CONTACT INFORMATION, SUCH AS NAME, PHONE NUMBER, EMAIL ADDRESS, OR POSTAL ADDRESS WITH OTHER USERS, OR WITH THE RECEIVING USER'S LEGAL OR OTHER AUTHORIZED REPRESENTATIVE., IN ORDER TO 

1- MAKE SURE IT'S SIMPLE TO LOCATE AND USE. FACILITATE OR COMMUNICATE THE RESOLUTION OF AN INVESTIGATION OR DISPUTE RELATING TO OR RESULTING FROM AN INTERACTION BETWEEN TWO OR MORE USERS OF THE PROSPERBE INC PLATFORM. OR 

2- ENCOURAGE THE USE OF LOCAL SERVICES TO MAXIMIZE EFFICIENCY. THE PROSPERBE INC PLATFORM REQUIRES THIS COMMUNICATION IN ORDER TO FUNCTION PROPERLY.

 

Termination of Use

24. Termination of Use: You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1, 3, 5-11, 14, and 18-20 of these Terms of Use, as well as your liability for any unpaid fees, shall survive any termination.

Governing Law

25. Governing Law: This site (excluding any linked sites) is controlled by us from our offices within the State of Florida, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Florida, by accessing this site both of us agree that the statutes and laws of the State of Florida, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Broward County and the United States District Court for the Federal Judicial Districts of Florida with respect to such matters.

Licensing

 

26. Licensing: Before offering services and performing service, a local Pro is solely responsible for detecting and receiving any necessary licenses, permits, or registrations. In fact, some repairs and services may be completely banned in certain instances; therefore, it is the duty of the local Pro to avoid them. Penalties might include fines or other legal action. If you have queries regarding how national, state, provincial, territorial, or local legislation applies to your repair and services on the ProsperBe Platform, you should first consult a lawyer. YOU, AS A CLIENT, ARE IN COMPLETE CONTROL. YOU HAVE TO EVALUATE FOR YOURSELF WHETHER THE TALENTS AND QUALIFICATIONS OF A LOCAL PRO ARE ADEQUATE TO DO THE DESIGNATED SERVICE. Clients may wish to consult their own country's, state,' provincial,' or territorial' or local rules to find out if certain services are required to be carried out by a certified or licensed expert. Clients may also want to speak with their Local Pro about any potential dangers, difficulties, or obstructions in the service location (both visible and concealed).

Notices

27. Notices: All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Notices to us must be sent to the attention of Customer Service at support@prosperbe.com, if by email, or at ProsperBe Inc., Department of Customer Relations, 4 W Dania Beach Blvd 2nd Floor, Dania Beach, FL 33004 if by conventional mail. Notices to you may be sent either to the e-mail address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you. Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (c) five business days after the mailing date, if sent by US mail, return receipt requested; (d) on the delivery date if transmitted by confirmed facsimile; or (e) on the delivery date if transmitted by confirmed e-mail.

Call recordings.

28. Call recordings: Third-party software, such as Twilio (www.twilio.com), may monitor and record ProsperBe`s Inc phone calls for the purposes of quality control and training. Such talks might include Personal Information.

Entire Agreement

29. Entire Agreement: These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

Miscellaneous

30. Miscellaneous In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys' fees. Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred. You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms of Use. You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site. In addition to any excuse provided by applicable law, we shall be excused from liability for nondelivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

Corrections to Profile.

31. Corrections to Profile: You have the right to view, change, and correct any mistakes in your ProsperBe Profile at any time by logging into your account and clicking on the "Profile" button. You may there see, change, and rectify your Account information. To safeguard the integrity of the ProsperBe Platform. There are certain pieces of information, such as your job, email, phone number, address, and company name. If there is a need to make a change to this data, please contact us at support@prosperbe.com.

Contact Information

32. Contact Information Except as explicitly noted on this site, the services available through this site are offered by ProsperBe Inc., a Florida corporation, located at, 4 W Dania Beach Blvd 2nd Floor, Dania Beach, FL 33004. Our telephone number is 954-669-8228. If you notice that any user is violating these Terms of Use, please contact us at support@prosperbe.com.

 

 

 

 

 

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