Proven By Users Terms and Conditions

BY ACCESSING OR USING THE PROVEN BY USERS WEB SITE, YOU AGREE TO FOLLOW AND BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE PROVEN BY USERS WEB SITE.

Effective Date: May 1, 2017

Definitions

  1. “Proven By Users” and “Company” shall refer to the company Proven By Users, LLC, a Limited Liability Company incorporated in the state of Connecticut, in the business of providing a Software as a service (“SaaS”);
  2. “User” shall refer to any person or entity accessing, using, or making purchases through Company Services;
  3. “User Data” shall refer to any data which Users upload or submit to the servers, website, or any other area of service;
  4. “Terms” shall collectively refer to these Terms and Conditions and Proven By Users Privacy Policy;
  5. “Services” shall collectively refer to all services offered by Proven By Users including, but not limited to, access to its SaaS, payment processing, website, demonstration services of its SaaS, or otherwise;
  6. “Site” or “Website” shall refer to https://www.provenbyusers.com and all content contained therein;

Privacy Policy

These terms shall include Proven By Users Privacy Policy (the “Privacy Policy“) available at https://www.provenbyusers.com/privacy-policy.php which is incorporated by reference into these Terms.

You agree that you are responsible for notifying the participants of Studies you create through the Site or Service about how Proven By Users may use the participants responses as described in the Privacy Policy. Where required by law you agree to obtain a prior consent for disclosing personal data to Proven By Users from the participants of your studies.

Service Eligibility

You represent and warrant to us that:

  1. you are at least eighteen (18) years of age;
  2. you are eligible to use the Services and have the right, power, and ability to enter into and perform under these Terms and Conditions;
  3. If you are using Services on behalf of a company, entity, or organization, that you are: an authorized representative of such organization; have the requisite authority to bind the organization to these Terms; and agree to be bound by these Terms on behalf of such organization.

Termination

These Terms and Conditions and the Service may be terminated at the sole discretion of Proven By Users without notice to you. You agree that Proven By Users shall not be liable to you or any third party in any manner for termination of the Service. Provisions of these Terms and Conditions relating to “Restrictions on Use” and “Indemnity” shall survive the termination of the Terms and Conditions.

Restrictions on use

You may not do any of the following directly or indirectly:

  1. Use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any transaction conducted on this Site.
  2. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
  3. Use devices (including software) that are designed to probe, scan, or test the vulnerability of any system or network related in any way to this Site.
  4. Transmit to this Site, or use this Site, to transmit any material that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software or hardware of telecommunications equipment.
  5. Redeliver any of the pages, text, images, or other content of this Site using "framing" technology.
  6. Request Sensitive Personal Information (SPI) from other users of the service or site including social security number, date or place of birth, mother's maiden name, biometric records, or any medical, educational, financial, or employment information.
  7. Transmit through the Service or the Site any pornographic, obscene, offensive, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, illegal or otherwise objectionable material or content.
  8. Send any transmission that attempts to hide your identity or represents them as someone else.
  9. Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Service, its software or data.

You will comply with all laws, rules and regulations regarding transmission of technical data exported from the United States. If you engage in any activity set forth in this paragraph or violate any terms or conditions of the Terms and Conditions, your account will be terminated and use of the Service and Site prohibited. We may report any unlawful conduct to the appropriate authorities and turn over any and all information regarding such activity to appropriate persons or entities. Proven By Users reserves the right to pursue any and all legal remedies available to it for the violation of these Terms and Conditions or any other applicable federal, state, or local laws.

Indemnity

You agree to indemnify, defend and hold harmless Proven By Users, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses (including reasonable attorneys’ fees) due to or arising out of your use of or inability to use the Site or Services, your violation of any terms of these Terms and Conditions or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.

Disclaimer

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE SERVICE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROVEN BY USERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICE, THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE.

PROVEN BY USERS MAKES NO WARRANTY THAT:
(A) THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS;
(B) THE SITE OR THE SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE BASIS;
(C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE OR SERVICE WILL BE CORRECT, USEFUL, ACCURATE OR RELIABLE;
(D) THE QUALITY OF ANY CONTENT OR SERVICES PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS;
(E) DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED

TO THE EXTENT PERMITTED BY APPLICABLE LAW PROVEN BY USERS IS NOT RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION OR OTHER LOSS RESULTING FROM USE OF OR RELIANCE IN ANY WAY ON ANY OF THE DATA CREATED ON OR THROUGH THE SERVICE OR THE SITE. IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE THE ACCURACY, RELIABILITY, COMPLETENESS AND USEFULNESS OF ANY DATA OR INFORMATION RECEIVED WHILE USING THE SERVICE OR SITE.

ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK. PROVEN BY USERS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.

PROVEN BY USERS RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE, THE SERVICE AND CONTENT PROVIDED ON OR THROUGH THE SITE OR SERVICE AT ANY TIME WITHOUT NOTICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE SERVICE OR SITE OR THROUGH THE SERVICE OR SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROVEN BY USERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, BUSINESS INTERRUPTION OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, INABILITY TO USE, OR USE OF, THE SITE, SERVICE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE, EVEN IF PROVEN BY USERS IS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

Proven By Users total liability for all damages arising under or related to these Terms and Conditions (in contract, tort or otherwise) shall not exceed the actual amount paid by Customer within a 1-year period preceding the event which gave rise to the claim.

Links to Third Party Web Sites, Content, Products and Services

Proven By Users is in no way responsible for the content or availability of information found on any web site owned by a third party that may be linked to this Site by a hyperlink, whether such hyperlink is provided by Proven By Users or by a third party. By providing access to third party web sites or advertisements, Proven By Users is not endorsing the products or services provided by the owner or operator of such web sites. Consequently, we will not be liable or responsible for the accuracy, relevancy, reliability, copyright compliance, legality or decency of material contained in third party web sites linked to this Site. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to the products, services and content of third party web sites, including third party websites accessible by links from this Site. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction.

Governing Law

These Terms and Conditions any claim relating thereto or to the Site shall be governed by the laws of the State of Connecticut without regard to its conflict of law provisions. Any claim or demand under these Terms and Conditions must be made within 6 months of the occurrence of the underlying facts.

Changes to the Terms

Proven By Users may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. The most current version will always be posted on the Proven By Users website. If an amendment is material, as determined in our sole discretion, Proven By Users will notify you by email. Notice of amendments may also be posted to The Site upon your login to your account. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require Proven By Users to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the Terms and Conditions, you should stop using the Service, because by continuing to use the Services you agree to be bound by the updated terms.