Pruuf Terms of Service

 

  1. The Terms

    1. Acceptance of Terms

      1. Welcome to Pruuf (“Service” or “Platform” or “App”) owned and operated by Pruuf LLC (“Pruuf”). By clicking “Sign Up” in the account registration process or using the Service in any way, you are agreeing to comply with and be bound by this Agreement, the Privacy Policy, and all rules, policies and disclaimers posted on Pruuf’s website or in the App or about which you are notified (collectively “Terms”). If you do not agree with all the Terms, or if you are under the age of thirteen (13), do not use the Service. Please review all of the Terms carefully before using the App.

      2. By using the Service, you (i) agree to be bound by the Terms, (ii) represent that you are over the age of thirteen (13) and able to form legally binding contracts, (iii) agree and acknowledge that by using the Service you are accepting a benefit that cannot be disgorged, (iv) acknowledge that the service is subject to U.S. export controls and agree that you will comply with U.S. export controls, and (v) represent that you are neither located in sanctioned country nor a prohibited person.

      3. PLEASE NOTE THAT THESE TERMS PROVIDE THAT IF YOU AND PRUUF ARE UNABLE TO RESOLVE ANY DISPUTES THAT ARISE BETWEEN YOU AND PRUUF AND THE DISPUTE IS NOT RESOLVED INFORMALLY OR THROUGH MEDIATION, THE DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION.  ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. YOU AND PRUUF ALSO AGREE THAT ANY CLAIMS OR DISPUTES CANNOT BE BROUGHT AS A CLASS ACTION.  PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION BELOW IF YOU DO NOT ACCEPT THE ARBITRATION PROVISION BELOW, YOU MAY NOT USE THE SITE.

    2. Definitions

      1. The words "User," "you" and "your" refer to the individual or entity that creates a Pruuf account as a Customer and/or Advisor. "Pruuf," "we," "us" and "our" refer to Pruuf. "Customer" refers to the person who asks a question on the Platform, whether they pay any money when they ask a question or not. "Advisor" or “Consultant” refers to the person who gives either free or remunerated Advice on the App.

      2. “Advice” refers to an appointment session between a Customer and an Advisor, in which the Customer asks Advisor any number of questions, and the Advisor responds with information or advice pertaining to those questions or related topics. This dialog between a Customer and an Advisor is also defined as a Conversation.

    3. Electronic Communications and Right to Modify Terms

      1. When you visit Pruuf, sign up on the App, open the App, sign up for a newsletter, or send us e-mails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our Platform or website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to provide us with, and maintain in your Pruuf account profile, your current and active email address.

      2. Pruuf may modify any of the Terms at any time by posting them on the Platform. Changes shall automatically be effective upon posting; provided, however, that those changes that Pruuf, in its sole discretion, deems material changes to the Terms will be effective as to an existing User upon the earlier of: (1) the agreement of the User; or (2) thirty (30) days after notice to the existing User, either via email from an official Pruuf email address to the User's email address on file with Pruuf or via other means including but not limited to a pop-up or banner, message or other conspicuous notice on the Pruuf website. If you affirmatively agree to the new terms, your agreement will be effective immediately. You agree to make any and all necessary arrangements so that you (and not your spam filter) receive all emails from Pruuf email addresses. Your continued use of the Service will signify your acceptance of the changes. If you do not accept the changes, your sole and exclusive remedy is to discontinue using the Platform. The latest Terms will be posted on the Platform or website, and you should always review them prior to using the Service.

  2. The Service

    1. Pruuf Is a Venue; Third-Party Content

      1. The Pruuf Service is a venue for informational and educational purposes to allow Customers to ask questions and Advisors to answer them. Users of the Service, not Pruuf, provide the content in their Questions and Conversations when booking an appointment with an Advisor. The Advisors determine which questions to answer and bookings to accept; Advisors are not employees or agents of Pruuf but are independent service providers using the Platform to sell or give away their knowledge to Customers and, as such, together with Customers, are simply Users of the Platform.

      2. Pruuf is not involved in the Conversations between Customers and Advisors and does not refer Customers to or endorse or recommend particular Advisors, other than any promotional campaigns that reference specific Advisors solely for the purpose of educating Users about the types of Advisors available on the Platform. You understand and acknowledge that Pruuf cannot and does not edit, modify, filter, screen, monitor, endorse or guarantee the content of Questions or Conversations. Pruuf shall not be liable for any acts or omissions of Advisors, content in Conversations, or the ability of Advisors to answer questions. We cannot ensure that an Advisor will complete a transaction. Notwithstanding the foregoing, Pruuf reserves the right, but is not obligated, to refuse to post or to remove any content and/or remove any User's access to the Platform.

      3. EMERGENCY QUESTIONS AND CRISIS SITUATIONS (particularly regarding medical or mental health issues) should not be directed to the Platform and should, instead be directed immediately by telephone or in-person to qualified professionals (e.g. in the U.S., call 911). The Platform is not the appropriate venue to deal with such situations.

    2. Posts Are Not Private or Confidential; Anonymity

      1. The Platform is a smartphone-based appointment scheduling service for Users and their Questions to be connected to Advisors. Information and materials submitted in the content of your questions, written replies, requests for information, responses, profiles, signatures, qualifications, comments, posts, and other places where Users communicate on the Platform (collectively "Posts") is not private or confidential, nor is it protected by attorney-client, doctor-patient, or any other privilege, and it may be read, collected, and used by others on the platform. Only Conversations, themselves, will be confidential between the two parties engaged in the Conversation. If you wish to further protect your privacy, use an anonymous user name and do not include information regarding your identity or contact information in your Posts.

    3. Verification; No Reliance on the Term "Advisor"

      1. Use of the term "Advisor" by Pruuf and on the Platform is only meant to describe Users who answer questions on the Platform, and not to guarantee any particular level of expertise of these Advisors.

      2. Pruuf makes effort to verify, but cannot warrant or guarantee an Advisor's purported identity; user identification on the Internet is difficult. For these reasons, Pruuf cannot and does not represent, warrant or guarantee the truthfulness or accuracy of the credentials or identities of Users and information provided by Users including Advisors. You acknowledge that Pruuf will not be liable for any loss or damages caused by your reliance on any information or content contained in Posts or in Conversations.

    4. Information is Not Guaranteed Advice; No Client-Professional Relationship

      1. Advice from Advisors on the Platform are provided by Advisors and are to be used by Customers for general information purposes only, not as a substitute for in-person evaluation or specific professional (medical, legal, veterinary, tax, financial, etc.) advice. For example, Advisors in the Legal category will provide only general information about the law, and will not provide legal advice nor propose a specific course of action for a Customer. By answering questions, Advisors do not intend to form, and do not form attorney-client or doctor-patient relationships with Users of the Platform. The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular Question or need for advice may differ depending on your location and information typically discovered through in-person evaluations or visits. Advisors in some categories may be licensed, certified, educated, employed by or have experience in only particular jurisdictions.

      2. No professional-client relationships shall be formed on the Platform.

      3. While Questions submitted when making an appointment on this Platform are not confidential and shall not be the subject of any associated privileges, the telephone conversations shall be confidential to both connected parties.

      4. Communications on this Platform are limited, as described above, and do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits.

      5. Before you can interact with an Advisor, you will be required to agree to a Disclaimer reminding you of these and other important provisions of the Terms.

  3. User Accounts

    1. User Accounts; Restricted Activities; Suspension or Termination of Service

      1. User Accounts. When you register as a User on the Platform, you can establish a username and password for access to your online account. You are responsible for maintaining the confidentiality of your user name, password, and account data, and you may not share this information or your account with anyone else, and you will be solely responsible for all acts or omissions that occur under your account. You will immediately notify Pruuf of any unauthorized use of your password or account. You should only create one account on the Platform. If your Pruuf account has been suspended or terminated, you may not open another account on the Platform.

        1. You agree to keep your contact (including but not limited to email address) and billing information up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active Pruuf accounts.

    2. Restricted Activities. You agree that any content you provide on the Platform and your use of our Platform initiated through the Platform shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party's proprietary rights or rights of publicity or privacy (Pruuf has adopted Take Down Procedures for unauthorized use of copyrighted material); (c) be illegal or violate any federal, state or local law, statute, ordinance, regulation or ethical code; (d) have the aim of competing with Pruuf; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, but without containing child pornography; (g) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or (i) link directly or indirectly to or include descriptions of goods or services that are prohibited under the Terms or that you do not have a right to link to or include. If your questions are adult in nature, such questions shall be posted with “Mature Audiences Only” in the listing title and appropriate notices to prevent unauthorized underage viewing and shall be distributed only to people legally permitted to receive such content (Information on Parental Control Protections). You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our system or the content on the Platform without Pruuf's prior written consent. We do not knowingly collect personal information from children under 13 years of age, and if we become aware that a child under the age of 13 has submitted personal information to us, we will promptly remove it from our systems.

    3. Suspension or Termination of Service. You may terminate your service and account at your sole discretion and at any time through the App. Any fees accrued as of the effective date of termination will be payable according to the Terms.

    4. At any time, with or without notice, for any or no reason, Pruuf reserves the right to refuse service to anyone, to modify and discontinue any portion or all of the Service, and to restrict, suspend and terminate Users’ accounts.

  4. Terms and Conditions Specific to Mobile Applications.  You must elect to download and use the Pruuf mobile application(s) (the “App”) in order to register as a User on the Platform. By downloading and using one or more of the Pruuf App(s), you agree that in addition to this Agreement governing your use of the App(s), the following terms and conditions specifically applicable to your use of the App(s) (the “Mobile Terms”) also apply to you:

    1. You acknowledge that the Mobile Terms and the Agreement is between you and Pruuf, and not Apple (ad defined below at (i)) and you understand that Pruuf is solely responsible for the App and content thereof;

    2. Your rights to use the App are limited: you may use the App on any smartphone that you own or control as permitted by the usage rules set forth in Apple’s App Store Terms of Service and/or Google Play’s Terms of Service, but you may not transfer your rights to use the App to any other person;

    3. Pruuf (and not Apple) is solely responsible for providing any maintenance and support services with respect to the App(s) as may be required under applicable law and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App(s);

    4. Apple is not responsible for any product warranties (if any) that may be applicable to the App, whether express or implied by law and in the event of any failure of the App, you may notify Apple, and Apple will refund the purchase price (if any) for the App(s) to you, and to the maximum extent permitted by applicable law, neither Apple nor Pruuf shall have any other warranty obligation whatsoever with respect to the App(s), and as between Pruuf and Apple, other claims, losses, liabilities, damages costs or expenses attributable to any failure to conform to any warranty (if any) shall be Pruuf’s sole responsibility;

    5. You acknowledge that as between Pruuf and Apple, Pruuf (and not Apple) is responsible for addressing any of your or any third party claims related to the App(s) or your possession and use of the App(s);

    6. You acknowledge that in the event of any third party claim that the App(s) or your possession and use of the App(s) infringe(s) such third party’s intellectual property rights, Pruuf and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim;

    7. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties;

    8. Section 19 (DISPUTE RESOLUTION) contains Pruuf’s email and mailing address where you may address questions, complaints or claims and the terms related to the App(s);

    9. Section 19 (DISPUTE RESOLUTION) shall govern any dispute that may arise between you and Pruuf related to the App(s);

    10. You acknowledge that Apple and its subsidiaries (collectively, “Apple”) are third party beneficiaries of the Agreement and upon your download of and use of the App(s) indicating your assent and agreement to the Mobile Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Mobile Terms against you as a third party beneficiary thereof.   

  5. Charges, Refund and Cancellation Policy

    1. Pruuf's platform allows Customers to post questions to Advisors in subject-matter categories, facilitates communication with Advisors via chat and/or phone calls, and enables delivery of answers to your questions, among other services ("Platform Access Benefits"). Customers on the Platform must adhere to the “Pay-for-Connection” payment model.

      1. Pay-for-Connection. With this model, you pay a set price to connect with an Advisor for a Conversation. While the appointment is booked in advance and the Customer is aware of the Advisor’s set fee for a Conversation, payment will not be processed until a phone connection is established. If the User does not initiate contact with the Advisor at the pre-selected appointment time, or for the period of 30 minutes thereafter, a no-show fee will be charged. If the Advisor fails to connect with the User at the pre-selected appointment time, a notice will be sent to the User to select another available appointment time and will not have a no-show fee assessed.

    2. Rating the Advisor. Some Advisors are able to be rated. Once you finish speaking with an Advisor that can be rated, you will be asked to rate the Advisor.

    3. Pruuf does not guarantee that your booking will be accepted by an Advisor, or that you will be satisfied with your communication with an Advisor.

  6. Advisor Compensation

    1. Some Advisors will be able to set their own rates (“Fee”) that they would like to charge Customers for in return for a Conversation regarding Customers’ questions.

    2. Customers will be charged after a Conversation has been established between Advisor and Customer, but Pruuf reserves the right to refund Customer up to 100% of the Advisor’s Fee if the Customer complains about a dissatisfactory Conversation, whether or not the complaint is in regards to the actual content of the Conversation.

    3. Pruuf alone will process all payments that arise from Conversations that require a Fee. Every month, Pruuf will provide an accounting to each Advisor who had Fee-based Conversations the month prior, along with all monies associated with those Conversations, minus 15% of the total amount, which Pruuf will claim as its own administrative fee.

  7. Cancellations, Abuse and Special Programs. Pruuf takes customer satisfaction seriously.

    1. To delete your profile and discontinue your use of Pruuf, you may do so through deleting your Pruuf account from the Edit Profile section of the App, or through contacting Pruuf from the in-App contact method or on the Pruuf website.

    2. Pruuf maintains the right to initiate special incentive pricing, raise rates, and other programs. These may be limited, at Pruuf’s sole discretion, to defined and limited Users or non-Users, or applicable to the whole user base. Any promotional monies or credits placed into Customer accounts by Pruuf for use towards answers on the Platform remain the property of Pruuf (they never become the property of Users and never become refundable to the User), and unless otherwise stated on the Platform or in an email to a User, will be usable only for thirty (30) days.

    3. Receipt of Special Offers and Other Communications

      1. By accepting these Terms, you agree to receive coupons, special offers, and other communications from Pruuf per the terms of the Privacy Policy. You may modify this setting by making the relevant changes to your Pruuf profile.

  8. Legal Statements

    1. Release

      1. Users are responsible for their acts and omissions and content placed on the Platform. Pruuf will not be liable to Users for any disputes that may arise between or among Users.

    2. Proprietary Rights of Content

      1. You acknowledge that Pruuf and its licensors and suppliers own the rights to Pruuf and the content displayed on the Platform, other than user content generated through filling out profiles and asking questions of Advisors. You shall not modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Pruuf website, any software distributed by or assist any other person or entity in doing so. You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by Pruuf, Pruuf Users, or Pruuf Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, whether done directly or through intermediaries (including, but not limited to, by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) including code and software for commercial purposes. For permission to use third-party materials appearing on the Platform, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the Platform. The posting of information or materials on the Platform does not constitute a waiver of any right in such information and materials.

      2. Any access to or use of Pruuf to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with Pruuf (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) without the prior written authorization of Pruuf is prohibited. This prohibition specifically applies, but is not limited to, software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.

      3. If you access Pruuf or copy, display, distribute, perform or create derivative works from content displayed on the Platform or other intellectual property in violation of the Terms of Service or for purposes inconsistent with the Terms of Service, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on Pruuf or any provision of the Terms of Service that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of Pruuf webpages on your computer or computer server constitute “copies” under the Copyright Act, 17 U.S.C. § 101.

      4. You agree that your written questions on the Platform, materials, ideas, comments and testimonials you submit on the Platform or other venues, including but not limited to the Pruuf blogs; the Pruuf venues on Facebook, Twitter, LinkedIn, YouTube, Pinterest, Reddit, Instagram, Google Plus; the Platform administrator or any employee, officer or agent of Pruuf ("User Content"), will not be considered confidential and may be used by Pruuf, in its sole discretion, without any obligation to compensate for use of or to return any submitted materials. You also agree that Pruuf owns, and has the right to register in its name, trademarks and service marks for any hashtags that you create on Pruuf, so do not use a hashtag that you want to reserve for your own benefit. Pruuf may use other trademarks or service marks in lieu of the hashtags that you create.

      5. You grant to Pruuf a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform, extract and create derivative works thereof, that you have in your questions to Advisors and User Content, in any media now known or not currently known, with respect to any such Posts and other User Content. If done, Pruuf will shield the true identity of the Customer who asked the question.

    3. No Endorsement of Non-Pruuf Entity; No Relationship with Users

      1. Pruuf may endeavor to offer to its Users products and services offered by non-Pruuf entities. The Platform may contain links to third party websites and service providers (collectively, “Third Party Services”) that are not owned or controlled by Pruuf. Pruuf has no control over and assumes no responsibility for the content, practices, and privacy policies of such Third Party Services. Pruuf encourages you to, and you acknowledge that you are solely responsible for, reviewing and complying with any third party terms and conditions and privacy policies. Pruuf cannot and will not censor or edit the content of any Third Party Service. Placement of information, logos, links or names of such non-Pruuf entities on the Platform does not constitute an endorsement or warranty of these entities, their products or services. By using this Platform, you agree that Pruuf is not responsible for, and you take full responsibility for, a decision to visit or patronize any such Third Party Service or entity, you hold Pruuf harmless from any and all liability arising from such actions, and you expressly relieve Pruuf from all liability arising from your use of Third Party Services.

      2. You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and Pruuf or between any User (including Customers and Advisors) and Pruuf by formation of this Agreement (or any of the Terms) or by your participation on the Platform.

      3. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY OPINION, ADVICE FROM ADVISORS OR OTHERWISE, OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM THIRD PARTIES OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER CONTENT.

    4. Information Control and Storage

      1. We do not control the information provided by Users, which you may find to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Platform. There are also risks of dealing with underage persons or people acting under false pretenses. Additionally, there may be risks dealing with international trade and foreign nationals. By using this Platform, you agree to accept such risks and that Pruuf is not responsible for the acts or omissions of Users on the Platform.

      2. The amount of storage space per User is currently limited. You agree that Pruuf is not responsible or liable for the deletion or failure to store content and/or other information.

    5. Exclusion of Warranties

      1. Pruuf SERVICES, SOFTWARE, AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. Pruuf DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Pruuf DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED SITE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

      2. UNDER NO CIRCUMSTANCES WILL Pruuf, OR ANY OF THE ADVISORS, BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OR ADVICE OBTAINED THROUGH THE SITE, FROM THIRD PARTIES (SUCH AS ADVISORS OR OTHERS) OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE. USE OF THIS SITE IS AT USERS' SOLE RISK.

      3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Pruuf OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY.

    6. Limitation of Liabilities

      1. IN NO EVENT SHALL Pruuf, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, JOINT VENTURERS, CONSULTANTS, ADVISORS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, PROFITS, DATA, USE, REVENUE OR OTHER ECONOMIC ADVANTAGE), ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, OUR APP, OUR PLATFORM, AND OUR SERVICES OR THE TERMS BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO Pruuf IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) US$100. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

    7. Indemnification

      1. You agree to indemnify and hold Pruuf, its parents, subsidiaries, officers, directors, shareholders, employees, agents, joint venturers, consultants, Advisors, successors and assigns harmless from and against all losses, costs, liabilities and expenses including reasonable attorneys' fees, asserted by any third-party that are in any way due to or arising out of your use of or conduct on the Platform.

      2. Advisors agree to indemnify and hold Pruuf harmless from and against all losses, costs, liabilities and expenses including reasonable attorneys’ fees, asserted by any third-party that are in any way due to or arising out of their use of or conduct on the Platform.

    8. Press Releases and Third-Party Press about Pruuf

      1. The Platform may contain press releases and other information about Pruuf. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by Pruuf. Likewise, third-party press about Pruuf or the Platform should not be relied upon as being provided or endorsed by Pruuf.

    9. Choice of Law

      1. The Terms shall be governed by, and construed in accordance with the laws of the State of Florida, without regard to its conflicts of law provisions.

    10. Dispute Resolution

      1. If you have a dispute with Pruuf or if Pruuf has a dispute with you and such dispute cannot be resolved informally, such dispute will be resolved on an individual basis in accordance with the provisions set forth below:

        1. Informal Resolution.  Prior to initiating mediation or arbitration, the party with a grievance must:

          1. Notify the other party, in writing, of the facts of the dispute and all damages claimed.  Such a writing must be sent to the User’s email address on file with Pruuf, or Pruuf LLC, 4349 Sheridan Ave #8, Miami Beach, FL 33140 or rmchenry@pruuf.it, whichever is applicable (“Dispute Notification”);

          2. The party receiving the Dispute Notification has thirty (30) days from receipt of the Dispute Notification to respond.

          3. The other party then has 15 days to consider the response and reply.

        2. Mediation.  If the dispute is not resolved informally, either party may make a demand for mediation, with the other party’s consent, by filing a: (i) Request for AAA Online Mediation for Claims under $10,000 with the American Arbitration Association (“AAA”); or (ii) Request for Mediation with the AAA.  To file a request for mediation for a claim under $10,000, you must go to the following website: http://services.adr.org/eroom/faces/welcome_and_steps.jspxhttp://www.aaamediation.com/http://www.aaamediation.com/.  If that link does not work, please contact rmchenry@pruuf.it at Pruuf for updated information.  If you are requesting mediation for a claim that is worth $10,000 or more, you must go to the following website to file such a claim: https://www.adr.org/aaa/faces/services/disputeresolutionservices/mediation?_afrLoop=116582556835025&_afrWindowMode=0&_afrWindowId=null#%40%3F_afrWindowId%3Dnull%26_afrLoop%3D116582556835025%26_afrWindowMode%3D0%26_adf.ctrl-state%3Dkgte21xx_4&_afr.ts=1449619920720.  If that link does not work, please contact rmchenry@pruuf.it at Pruuf for updated information. If either party requests mediation and both parties consent to mediation, the costs of mediation will be borne equally by the parties.

        3. ARBITRATION.  IF MEDIATION DOES NOT OCCUR OR IF MEDIATION DOES NOT RESOLVE THE DISPUTE, THEN BOTH PARTIES AGREE TO ARBITRATE ANY DISPUTES THEY HAVE WITH THE OTHER SO LONG AS SUCH DISPUTES ARE ARISING OUT OF OR RELATED TO THIS AGREEMENT.  SPECIFICALLY, YOU AGREE THAT, BY AGREEING TO THESE TERMS, THE FEDERAL ARBITRATION ACT GOVERNS SECTION 20(B) AND THAT YOU AND Pruuf ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY INVOLVING ALL DISPUTES, CLAIMS AND CONTROVERSIES, OF ANY SORT OR NATURE, BETWEEN US, ARISING OUT OF THE USE OF THE SITE AND WAIVING THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION REGARDING ANY DISPUTE.  YOU AND Pruuf AGREE THAT ANY DISPUTE SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU MUST FILE ANY DEMAND FOR ARBITRATION YOU MAY HAVE WITH THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). SUCH ARBITRATION IS FINAL AND BINDING AND WILL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY, "AAA RULES"). THE DECISION OF THE ARBITRATOR(S) SHALL BE BINDING AND ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION.

      2. CLASS ACTION WAIVER.  YOU AND Pruuf EXPRESSLY AGREE THAT: (i) EACH PARTY MUST BRING CLAIMS AGAINST THE OTHER ONLY IN  AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, MASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING; (ii) THERE SHALL BE NO CLASS CLAIMS, CONSOLIDATION, OR JOINDER ALLOWED IN ANY ARBITRATION BETWEEN THE PARTIES; AND (iii) NO CLAIMS MAY BE MADE THROUGH AN ACTION PURPORTING TO REPRESENT A CLASS OF USERS OR OTHERWISE ASSERTING CLAIMS ON BEHALF OF A CLASS (“CLASS ACTION WAIVER.

        1. This Dispute Resolution section shall survive termination of this Agreement.

  9. Agreement; Assignment; Miscellaneous

    1. The Terms constitute the complete and exclusive statement of the Agreement between you and us. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of the Terms. If there is a conflict between an oral or written representation of any Pruuf employee or agent and the Terms (other than modifications to the Terms executed in writing by the CEO or authorized-in-fact representative of Pruuf), the Terms will prevail. To the extent the Terms are in conflict or inconsistent with one another, this Agreement and the Privacy Policy will prevail over other Terms of the Platform; also, this Agreement, the Privacy Policy, and disclaimers will prevail over FAQs, and other rules and policies on the Platform. If any provision(s) of the Terms is held by an arbitrator or 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 and the other provisions shall remain in full force and effect. Pruuf’s failure to exercise or enforce any of the Terms shall not constitute a waiver of Pruuf’s right to exercise or enforce the Terms as to the same or another instance. Headings in this Agreements are for purposes of reference only and shall not limit or otherwise affect the meaning of the Terms.

    2. You agree that Pruuf may assign the Terms to any other entity of its choosing, with or without notice to you. You may not assign the Terms to any other party for any reason, including but not limited to because your interaction with other users of the Platform, the pricing offered, and fraud mechanisms in place, are based upon individual usage. Pruuf shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by an officer of Pruuf. No delay or omission on the part of Pruuf in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.

    3. This Section will survive any termination of this Agreement.

  10. Independent Advisor Services

    1. You may be presented with an offer for services outside of the Platform’s standard appointment booking platform, which simply connects Customers and their questions to Advisors for conversations. Independent Advisor Services are any services offered outside of Pruuf’s services, which an Advisor may provide directly to a User.     

    2. Pruuf is only a venue which facilitates communication between Advisors and Customers. It does not provide any of the substance or content of any Independent Advisor Services initiated by any Customer or Advisor through Pruuf’s platform.

    3. Pruuf will in no way be liable for any acts or omissions of Advisors in performing Independent Advisor Services, or for Customers that engage with other Users outside of the platform.

    4. Special Provisions Relating to Independent Advisor Services that Constitute Legal and Medical Services

      1. If you decide to accept Independent Advisor Services, you understand that by receiving such Independent Advisor Services, you are agreeing to the following terms and conditions:

        1. Any advice you receive from a legal, tax, medical or veterinary professional are for general informational purposes only.

        2. The legal, tax, medical or veterinary professional from whom you are receiving Independent Advisor Services is not acting as your attorney, tax advisor, doctor or veterinarian.

        3. The legal, tax, medical or veterinary professional from whom you are receiving Independent Advisor Services may not be licensed in the jurisdiction where you are located.

        4. The Independent Advisor Services are not subject to an attorney-client/ accountant-client/doctor-patient relationship or attorney-client/ accountant-client/doctor-patient privilege.  Before applying the Independent Advisor Services to your specific situation, you should consult with a professional licensed to practice in your jurisdiction.

        5. Any amounts a Customer pays for Independent Advisor Services are divided into two distinct parts: Pruuf’s fee for enabling the request, offer and/or fulfillment of Independent Advisor Services and related services (“Additional Platform Access Benefits”) and the Advisor’s fee for the specific Independent Advisor Services provided to the User. Pruuf does not share in any Advisor’s fee.

        6. Once you accept an offer for Independent Advisor Services, your payment method on file, if any, will be automatically charged the Independent Advisor Services amount.

  • Instagram - White Circle
  • LinkedIn - White Circle
  • Facebook - White Circle

4349 Sheridan Ave #8

Miami Beach, FL 33140

© Pruuf 2017. All rights reserved.

(305) 912-6074