Terms and Conditions
User's Acknowledgment and Acceptance of Terms
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
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.
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
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.
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.
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
11. User's Materials
(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
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
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:
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.
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.
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
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
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.
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).
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.
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 email@example.com.