BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON, YOU ARE INDICATING YOUR CONSENT TO EVERYTHING IN THIS AGREEMENT. READ IT CAREFULLY! If there is anything you don't understand, write to [email protected]
for an explanation.
This agreement is the only agreement between ProZ.com and users of the ProZ.com site. Any other agreement means nothing. We reserve the right to change this agreement at any time. If we do, we will indicate that on our front page, and by using the site after that, you agree to the new terms.
===Informal Rules of Usage===
There are several informal rules of usage at ProZ:
1--You may not misrepresent yourself or your firm.
2--Projects should be specified in detail. The more detailed a project description, the higher the chances of getting the right person, and completing the job smoothly.
3--Do your best work. As a freelancer, take pride in quality and deadlines. As an outsourcer, take pride in prompt payments. Do whatever you can to keep your promises.
4--Inform ProZ's staff if you see something improper taking place. (The staff may not be able to do anything about it, but inform them anyway.)
Those are the informal rules. As staff members, we will do all we practically can to see that they are followed-that is, we exercise the right to kick out anyone who breaks the rules. But we can't actually guarantee that they will be followed. Use ProZ at your own risk, and exercise all the caution you would when working with people offline or elsewhere on the Internet.
As for work done, we make absolutely no claims as to the quality or timeliness of the work. We are just providing the tools for people to meet!
We won't give any of your personal information to anyone, now or ever. Unless, of course, we are obliged to by some legal authority, etc. We may, however, ask you if you would like us to give some of your personal information to someone (like an outsourcer or freelancer). We will only share your information when you specifically give us permission to do so.
Our service is available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use ProZ.com.
===ProZ.com is Only a Venue===
We'll say it again. ProZ.com is only a venue. We are not involved in the actual transaction between outsourcers and freelancers. As a result, we have no control over the quality or legality of the services, the truth or accuracy of information posted, the ability of service providers to perform services as represented or of service consumers to properly evaluate finished services. We cannot and do not control whether or not the parties to a transaction will perform as agreed. In addition, note that there are risks of dealing with foreign nationals who may not fall under the laws of your area, minors, and people acting under false pretense. Because user authentication on the Internet is difficult, ProZ.com cannot and does not confirm that each user is who they claim to be.
It is up to you to communicate directly with anyone you meet at ProZ.com, with whom you are considering entering into a contract. Ask for any information you feel you may need to evaluate his or her trustworthiness.
Because we do not and cannot be involved in user-to-user dealings, in the event that you have a dispute with one or more users, you release ProZ.com (and our agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Sec. 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Some people may post information that is offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution--and common sense--when using ProZ.com.
=== User account, password, and security ===
Once you become a registered user of the Service, you'll receive a password and an account. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You may change your user name or password at any time by following instructions; however, you may not open up additional accounts under alternative names.
If you believe someone else has had access to or is using your password or username, you absolutely must tell us.
=== Message and file storage and other limitations ===
We assume no responsibility for the deletion or failure to store files, messages, job postings, bids, or any other form of communication made using the Service.
=== User Conduct ===
Your use of the Service is subject to all applicable local, state, national and international laws and regulations. You must agree (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service, (2) not to use the Service for illegal purposes, (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service.
Without limiting any other remedies, ProZ.com may terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site. User agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to our computer systems are prohibited.
User shall not interfere with another user's use and enjoyment of the Service or another entity's use and enjoyment of similar services.
ProZ.com may, at its sole discretion, immediately terminate user's account if his or her conduct fails to conform with the terms and conditions of this agreement.
=== System integrity ===
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of ProZ.com. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose.
=== Disclaimer of Warranties ===
USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROZ.COM 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.
PROZ.COM MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES PROZ.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
PROZ.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM PROZ.COM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
=== Limitation of Liability ===
PROZ.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF PROZ.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
=== Changes in the Service ===
ProZ.com reserves the right to modify or discontinue the Service with or without notice to you or other users.
ProZ.com shall not be liable to users or any third party should ProZ.com exercise its right to modify or discontinue the Service.
=== Indemnification ==
You agree to indemnify and hold ProZ.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of user's use of the Service, the violation of this Agreement by you, or the infringement by you, or other user of the Service using your computer, of any intellectual property or other right of any person or entity.
=== Termination ===
ProZ.com may terminate your account with or without cause at any time and effective immediately. ProZ.com shall not be liable to you or any third party for termination of Service.
If you object to any terms and conditions of this agreement or any subsequent modifications or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.
Upon termination of your account, your right to use the Service immediately ceases. You shall have no right and ProZ.com will have no obligation thereafter to forward any unread or unsent messages to you or any third party.
=== Laws ===
This agreement shall be governed by the laws of the United States of America and the state of Delaware. Any action related to this agreement must be brought in the federal or state courts located in the State of Delaware, and you irrevocably consent to the jurisdiction of such courts. If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
ProZ.com's failure to exercise or enforce any right or provision of the PTS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ProZ.com in writing.
User and ProZ.com agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.