Last updated: October 29, 2023
Please read these Terms and Conditions carefully before using Our Website.
By using this Website, You agree to comply with and be bound by the following terms and conditions of use. Please review these Terms and Conditions carefully. If You do not agree to these terms and conditions, You should not use this Website.
These are the terms and conditions (the "Terms and Conditions", "Terms", or "Agreement") governing the access to and use of http://www.prosal.io (the "Website"). This Agreement operates between the individual accessing or using the Website, or the company or other legal entity on behalf of which such individual is accessing or using the Website, as applicable ("You" or "Your"), and Prosal LLC, 1421 Sopera Ave., FL 33134 (the "Prosal", "We", "Us", or "Our").
Prosal is a web-based marketplace that offers an all-in-one solution to the current outdated, burdensome, and inefficient request for proposal ("RFP") process by directly connecting issuers and respondents. Prosal provides a community-driven platform for agencies to discover requests for proposals and to respond to RFPs via the website prosal.io (collectively the "Service").
These Terms and Conditions set out Your rights and obligations regarding the use of the Website and the Service. Your access to and use of the Website is conditioned on Your acceptance of and compliance with these Terms and Conditions. By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access or use the Website or the Service.
This website is intended for adults only. This website is not intended for any children under the age of 18.
All content included on this site is and shall continue to be the property Prosal or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by You of any such content or any part of the Website is prohibited, except as expressly permitted in this Agreement. Under no circumstances will You acquire any ownership rights or other interest in any content by or through Your use of this Website.
Prosal grants You a limited, revocable, nonexclusive license to use this site solely for Your own personal or commercial use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Website, reverse engineer or break into the Website, or use materials, products, or services in violation of any law. The use of this Website is at the discretion of Prosal, and Prosal may terminate Your use of this Website at any time.
You must abide by all Federal, State, and local laws. If You are outside the United States, You must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to Your country of residence.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of Your account on Our Website.
You are responsible for safeguarding the password that You use to access the Website and Service and for any activities or actions under Your password, whether Your password is with Our Service or a any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Service ("Third-Party Social Media Service").
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.
Premium Services are offered on a subscription basis by Prosal to You (a "Subscription"). Please refer to Your Premium Services Agreement for the terms and conditions that govern the Premium Services.
Prosal may, at its sole discretion, offer a Subscription with free access to the Premium Services for a limited period of time (a "Free Trial").
You may be required to enter Your billing information in order to sign up for the Free Trial.
If You enter Your billing information when signing up for a Free Trial, You will not be charged by Prosal until the Free Trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.
At any time and without notice, Prosal reserves the right to (i) modify the terms and conditions of a Free Trial offer, or (ii) cancel any Free Trial offer.
Our Service allows You to post content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content ("Content"). You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post, or display on or through the Service, and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
You may provide input to the Services (“Input”), and receive output generated and returned by the Services based on the Input (“Output”). Input and Output are collectively “Content.” As between the parties and to the extent permitted by applicable law, you own all Input. Subject to your compliance with these Terms, Prosal hereby assigns to you all its right, title and interest in and to Output. This means you can use Content for any purpose, including commercial purposes such as sale or publication, if you comply with these Terms. Prosal may use Content to provide and maintain the Services, comply with applicable law, and enforce our policies. You are responsible for Content, including for ensuring that it does not violate any applicable law or these Terms.
Prosal is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
Prosal reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse, or remove this Content. Prosal further reserves the right to make formatting and edits and change the manner any Content. Prosal can also limit or revoke the use of the Service if You post such objectionable Content. As Prosal cannot control all content posted by users and/or third parties on the Service, You agree to use the Service at Your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect, or objectionable, and You agree that under no circumstances will Prosal be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of Your use of any content.
Although regular backups of Content are performed, Prosal does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
Prosal will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that Prosal has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Website or Service.
Due to the nature of machine learning, Output may not be unique across users and the Services may generate the same or similar output for Prosal or a third party. For example, you may provide input to a model such as “What color is the sky?” and receive output such as “The sky is blue.” Other users may also ask similar questions and receive the same response. Responses that are requested by and generated for other users are not considered your Content.
Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe and beneficial. Given the probabilistic nature of machine learning, use of our Services may in some situations result in incorrect Output that does not accurately reflect real people, places, or facts. You should evaluate the accuracy of any Output as appropriate for your use case, including by using human review of the Output.
You acknowledge Prosal's exclusive rights in the Prosal trademarks and service marks. Trademarks, service marks, logos, and copyrighted works (excluding Content provided by You or other users) appearing in this website are the property of Prosal or the party that provided such intellectual property to Prosal. Prosal and any party that provides intellectual property to Prosal retain all rights with respect to any of their respective intellectual property appearing in this website, and no rights in such materials are transferred or assigned to You.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Prosal.
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Website infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Website or Service, You may submit Your notice in writing pursuant to the Digital Millennium Copyright Act (DMCA (see 17 U.S.C 512(c)(3) for further detail)) to the attention of our copyright agent via email at firstname.lastname@example.org and include in Your notice all of the following information regarding the alleged infringement:
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
Upon receipt of a notification, Prosal will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Website.
Prosal may terminate or suspend Your account immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if You breach these Terms and Conditions.
Prosal reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or any Service provided by the Website (or any part thereof), with or without notice. You agree that Prosal will not be liable to You or any third party for any modification, suspension or discontinuance of the website or any service. Upon termination, Your right to use the Service will cease immediately.
UNDER NO CIRCUMSTANCES SHALL PROSAL OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE WEBSITE OR SERVICE, THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH THE WEBSITE OR SERVICE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS TERMS), EVEN IF PROSAL OR ANY AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR, THE ENTIRE LIABILITY OF PROSAL AND ANY OF ITS AFFILIATES UNDER ANY PROVISION OF THIS TERMS AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU THROUGH THE WEBSITE FOR THE SERVICE.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
Our Website or Service may contain links to third-party web sites or services that are not owned or controlled by Prosal.
Prosal has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Prosal shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
THE WEBSITE AND SERVICE ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PROSAL, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE AND SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, PROSAL PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, THAT THE WEBSITE OR SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, NEITHER PROSAL NOR ANY OF ITS AFFILIATES MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE WEBSITE OR SERVICE, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE WEBSITE AND SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE WEBSITE OR SERVICE; OR (IV) THAT THE WEBSITE, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF PROSAL ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS, OR OTHER HARMFUL COMPONENTS. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
You agree to indemnify and hold Prosal, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by You. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and You agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of any content or information or service accessed from this Website.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting Prosal.
Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If for any reason a dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim. This does not prevent either party from participating in a class-wide settlement of claims.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If there is any dispute about or involving the Website, Services, or the Terms and Conditions, You agree that any dispute shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of Miami-Dade County, Florida.
If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are a resident.
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure of Prosal to exercise a right or to require performance of an obligation under this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Prosal must be in writing and signed by an authorized representative of Prosal.
Nothing contained in this Agreement or Your use of the Website or Service shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
This Agreement may be modified at any time by Prosal upon posting of the modified Agreement. Any such modifications shall be effective immediately. You should review this Agreement periodically to determine whether any changes have been made. You can view the most recent version of these Terms at any time at https://www.termsfeed.com/live/fcd135b8-1ee0-41f6-b50c-5355a88d949e. Each use by You shall constitute and be deemed Your unconditional acceptance of this Agreement. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.
You assign all rights, title, and interest in any feedback, innovations or suggestions sent by You regarding the attributes, performance, or features of our Website or Service ("Feedback") You provide Prosal. If for any reason such assignment is ineffective, You agree to grant Prosal a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such Feedback without restriction.
If You have any questions about these Terms and Conditions, You can contact us: