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Terms of Service

Website Terms of Use

Last Updated: August 1, 2021

GoProcurian, LLC (“PROCURIAN”, “WE” OR “US”) TERMS OF USE

THESE TERMS AND CONDITIONS (THE "TERMS") ARE A LEGAL CONTRACT BETWEEN YOU AND PROCURIAN. THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THIS WEBSITE, AS WELL AS ALL ASSOCIATED SITES LINKED TO THIS WEBSITE BY PROCURIAN, ITS SUBSIDIARIES AND AFFILIATED COMPANIES (COLLECTIVELY, THE "SITES"), AS WELL AS THE FEATURES AND ONLINE SERVICES (THE “SERVICES). UNLESS OTHERWISE SPECIFIED, ALL REFERENCES TO “SITES” INCLUDE THE CONTENT AND THE SERVICES AVAILABLE THROUGH THE SITES AND ANY SOFTWARE THAT PROCURIAN PROVIDES TO YOU THAT ALLOWS YOU TO ACCESS THE SITES FROM A MOBILE DEVICE (A "MOBILE APPLICATION"). BY USING THE SITES, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITES OR ANY INFORMATION CONTAINED ON THE SITES.

Changes

Procurian may make changes to the content and Services offered on our Sites at any time. Procurian can change, update or add or remove provisions of these Terms, at any time by posting the updated Terms on the Sites. By using the Sites after Procurian has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using our Sites.

General use

By using the Sites, you represent, acknowledge and agree that you are at least 18 years of age or if you are under the age of majority in your jurisdiction of residence (a “Minor”), that you are using our Sites with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use our Sites and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless Procurian if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use our Sites at any time or in any manner or submit any information to Procurian or our Sites.

Procurian provides content through our Sites that is copyrighted and/or trademarked work of Procurian or Procurian’s third-party licensors and suppliers or other users of our Sites (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.

Subject to the terms and conditions of these Terms, and your compliance with these Terms, Procurian hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use the Sites solely for your personal use. Except for the foregoing license, you have no other rights in our Sites or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of our Sites or Materials in any manner.

If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.

Geo-location terms

The Services include and make use of certain functionality and services provided by third-parties that allow Procurian to include maps, geocoding, places and other Content from Google, Inc. (“Google”) as part of the Services (the “Geo-Location Services”). Your use of the Geo-Location Services is subject to Google’s then current Terms of Use for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/terms_maps.html) and by using the Geo-Location Services, you are agreeing to be bound by Google’s Terms of Use.

Using our Sites and the Services

You can simply view many portions of our Sites. You need not register with Procurian to simply visit and view much of our Sites.

However, in order to access certain areas of our Sites (such as accessing or using the Claims Portals) and to use certain Services and Materials offered on and through our Sites, you must register with Procurian for an account or may be asked to submit your name and contact information to access certain Content.

Password-restricted areas

If you desire to register for an account with Procurian, you must submit the required information through the account registration page on our Sites, including your name and email address, and you must be authorized to access the password-restricted Service or area of the Sites. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to Procurian in providing you with more a more customized experience when using our Sites or its Services. Once you have submitted your account registration information, the Procurian administrator shall have the right to approve or reject the requested registration, in the Procurian administrator’s sole discretion. If your account is approved by the Procurian administrator, you will be sent an e-mail that contains a password that will allow you to log-on to our Sites using that password (the “Procurian Password”) for the first time you log into your account on our Sites to complete the account registration process.

Currently, for certain Sites and Services Procurian may provide you with the ability to register for an account on our Sites using your existing account and log-in credentials through the following Third-Party Sites (as defined below), which may change from time to time: Facebook & Google (each, a “Third-Party Site Password”).

You are responsible for maintaining the security and confidentiality of your username, Procurian Password and any Third-Party Site Password (collectively, "Passwords"), and you are responsible for all activities that occur using your Passwords. You agree not to share your Passwords, let others access or use your Passwords or do anything else that might jeopardize the security of your Passwords. You agree to notify Procurian if any of your Passwords on the Sites are lost, stolen, if you are aware of any unauthorized use of your Passwords on the Sites or if you know of any other breach of security in relation to the Sites.

All the information that you provide when registering for an account and otherwise through our Sites must be accurate, complete and up to date. You may change, correct or remove any information from your account by either logging into your account directly and making the desired changes or contacting Procurian using the contact information at the end of these Terms requesting that we make the change.

If you register for a “beta account” or other pre-release version of our Sites and Materials on our Sites (“Beta Release”), you acknowledge and agree that the Beta Release may contain, in Procurian’s sole discretion, more or fewer features or different licensing terms than a subsequent commercial release version of our Sites and/or Services that may be offered through our Sites. You acknowledge and agree that any “beta account” will automatically convert to a commercial release version account upon the launch date of our Sites to the public (“Public Launch Date”). If you do not desire to continue using our Sites after the Public Launch Date, you may contact Procurian to delete your account in accordance with the terms and conditions governing deletion of personal information set forth in Procurian’s Privacy Policy . While Procurian generally intends to distribute commercial release versions of our Sites and Materials on our Sites, Procurian reserves the right not to release later commercial release versions of any Beta Release. Without limiting any disclaimer of warranty or other limitation stated herein, you agree that any Beta Release is not considered by Procurian to be suitable for commercial use, and that it may contain errors affecting its proper operation. BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT USE OF A BETA RELEASE MAY EXHIBIT SPORADIC DISRUPTIONS THAT HAVE THE POTENTIAL TO DISRUPT YOUR USE OF THE SITES IN GENERAL AND ANY SERVICES THAT MAY BE OFFERED THROUGH THE SITES. PROCURIAN SPECIFICALLY DISCLAIMS ALL DAMAGES RESULTING FROM YOUR USE OF ANY BETA RELEASE.

Links to third-party sites

This Site may be linked to other web sites that are not Procurian sites, including, without limitation, social networking, blogging and similar websites through which you are able to log into the Sites using your existing account and log-in credentials for such third-party sites, including, without limitation, Facebook and Google (any and all of which of the foregoing listed websites may change from time to time) and websites that provide question-and-answer forum functionality (collectively, “Third-Party Sites”). Certain areas of our Sites may allow you to interact with such Third-Party Sites, and, if applicable, allow you to configure your privacy settings in your Third-Party Site account to permit your activities on the Sites to be shared with your contacts in your Third-Party Site account and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on the Sites. In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than Procurian, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, users guides and privacy policies of any of Third-Party Sites. Procurian is providing links to the Third-Party Sites to you as a convenience, and Procurian does not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT PROCURIAN WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS OR FOR ANY HARM RELATED THERETO OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on our Sites to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply Procurian's endorsement or recommendation.

Unauthorized activities

When using the Sites and/or the services, you agree not to:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Use racially, ethnically or otherwise offensive language.
  • Discuss or incite illegal activity.
  • Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
  • Post anything that exploits children or minors or that depicts cruelty to animals.
  • Post any copyrighted or trademarked materials without the express permission from the owner.
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes' or any other form of such solicitation.
  • Use any robot, spider, scraper or other automated means to access our Sites.
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
  • Alter the opinions or comments posted by others on the Sites.
  • Post anything clearly false or misleading.
  • Post anything unrelated to our business, products or services.
  • Post anything contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions.

This list of prohibitions provides examples and is not complete or exclusive. Procurian reserves the right to (a) terminate access to your account, your ability to post to the Sites and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason or for any action that Procurian determines is inappropriate or disruptive to the Sites or to any other user of the Sites. Procurian may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Procurian’s discretion, Procurian will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Sites or on the Internet.

Unauthorized use of any Materials or Third-Party Content contained on the Sites may violate certain laws and regulations.

You agree to indemnify and hold Procurian and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Procurian or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of the Sites or the use of the Sites by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation or the copyrights, trademark rights or other rights of any third-party.

Proprietary rights

Procurian and GoProcurian are tradeemarks of GoProcurian, LLC (or our affiliates, subsidiaries or licensors) in the United States. Other trademarks, names and logos on the Sites are the property of their respective owners.

Unless otherwise specified in these Terms, all content, information and screens appearing on the Sites, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of GoProcurian, LLC, Copyright © 2021. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Intellectual property infringement

Procurian respects the intellectual property rights of others, and we ask you to do the same. Procurian may, in appropriate circumstances and at our discretion, terminate service and/or access to the Sites for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Procurian’s designated agent the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
  • The date and time of the claimed infringement.
  • A description of your interest or rights with respect to the work or works claimed to have been infringed. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at our Sites, and information reasonably sufficient to permit Procurian to locate the material.
  • The location data for the electronic location to which the claimed infringement relates. Information reasonably sufficient to permit Procurian to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Procurian’s agent for notice of claims of copyright or trademark infringement on the Sites can be reached as follows:

GoProcurian, LLC
ATTN: Legal Department
5335 Triangle Parkway NW
Peachtree Corners, GA 30092 USA

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Submitting a DMCA Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to Procurian’s designated agent that includes all of the following information:

  • Your physical or electronic signature;
  • Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  • Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located or if your physical address is outside of the United States, for any judicial district in which Procurian may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers

Procurian reserves the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject or repeated DMCA or other infringement notifications.

Disclaimer of warranties

Your use of the Sites is at your own risk. The Materials have not been verified or authenticated in whole or in part by Procurian, and they may include inaccuracies or typographical or other errors. Procurian does not warrant the accuracy of timeliness of the Materials contained on the Sites. Procurian has no liability for any errors or omissions in the Materials, whether provided by Procurian, our licensors or suppliers or other users.

PROCURIAN, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES OR GUARANTEES IN CONNECTION WITH THE SITES, THE SERVICES OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITES, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES, MATERIALS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITES IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OR IMPLIED WARRANTY OF, OR STATUTORILY IMPOSE WARRANTY, GUARANTEE OR CONDITIONS WITH RESPECT TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. PROCURIAN DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROCURIAN SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING OR DOWNLOADING ANY MATERIALS TO OR FROM THE SITES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROCURIAN BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF PROCURIAN KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF GUARANTEES, CONDITIONS, WARRANTIES OR TERMS IMPLIED OR IMPOSED BY ANY APPLICABLE LAW, OR DO NOT ALLOW LIMITATIONS ON HOW LONG ANY SUCH GUARANTEE, CONDITION, WARRANTY OR TERM MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THIS AGREEMENT EXCLUDES, RESTRICTS OR MODIFIES ANY GUARANTEE, WARRANTY, TERM OR CONDITION, RIGHT OR REMEDY IMPLIED OR IMPOSED BY ANY APPLICABLE LAW WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED.

Local laws; export control

Procurian controls and operates the Sites from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use the Sites outside the United States of America, you are responsible for following applicable local laws.

Feedback

If you send or transmit any communications, comments, questions, suggestions or related materials to Procurian, whether by letter, email, telephone or otherwise (collectively, “Feedback”), suggesting or recommending changes to our Sites or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and waive all moral rights in (or where such moral rights cannot be waived, irrevocably consent to or any acts or omissions by the Procurian, its licensors and successors and any other person authorised by the Procurian, its licensors and successors which may infringe your moral rights) and Procurian is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant Us an exclusive, transferable, perpetual, irrevocable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as We may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that Procurian is not obligated to use, display, reproduce or distribute any such ideas, know-how, concepts or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction or distribution.

Language

The Parties hereto have expressly required that these Terms and all documents and notices relating thereto be drafted in the English language.

General

Procurian prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by Procurian, may result in immediate termination of your access to the Sites without prior notice to you. The Federal Arbitration Act, Georgia state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Any disputes relating to these Terms or the Sites will be heard in the courts located in Fulton County in the State of Georgia. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Procurian’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Procurian and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Procurian about the Sites. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

Contact us

If you have any questions about these Terms or otherwise need to contact Procurian for any reason, you can reach us at 5335 Triangle Parkway NW, Peachtree Corners, GA 30092 or [email protected]

We are also available at our Customer Service line (888) 908-4540.