TERMS AND CONDITIONS
Updated: December 1, 2021
CONDITIONS OF USE
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of any entity (“you”) and Pro Energy Services Group, LLC (“Pro Energy, “we”, “us”, “our”), concerning your access to and use of the proservices.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected hereto (collectively, the “Site”).
By accessing the Site, you agree that you have read, reviewed, and agree to comply with all these Terms and Conditions. If you do not want to be bound by these Terms and Conditions, then you are advised to leave the Site accordingly. Pro Energy only grants use and access of the Site and its services to those have accepted its Terms and Conditions.
Pro Energy reserves the right, in its sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. As such, we will alert you about any changes by revising the “Updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.
You must be at least 18 years of age before you can use the Site. By using the Site, you warrant that you are at least 18 years of age and you may legally adhere to these Terms and Conditions. Pro Energy assumes no responsibility for liabilities related to age misrepresentation.,
TERM AND TERMINATION
These Terms and Conditions shall remain in full force and effect while you use the Site. Without limiting any other provision of these Terms and Conditions, Pro Energy reserves the right to, in its sole discretion and without notice or liability, deny access to and use of the Site, including but not limited to blocking certain IP addresses, to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms and Conditions or of any applicable law or regulation.
PRIVACY POLICY
We care about data privacy and security. Our Privacy Policy relating to any information obtained by Pro Energy from this Site will help you better understand our practices. Before you continue using our Site, we advise you to read our Privacy Policy
https://proeservices.com/privacy-policy/ regarding our user data collection.
INTELLECTUAL PROPERTY
The Site is Pro Energy proprietary property and all text, information, databases, source code, functionality, software, website designs, audio, video, text, photographs, graphics, trademarks and logos, and alike on the Site (collectively, the “Content”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws.
The Content is provided on the Site for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose by any party, without Pro Energy’s express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. Pro Energy reserves all rights not expressly granted to you in and to the Site and the Content.
THIRD PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, audio, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third Party Content”).
Pro Energy does not investigate, monitor, or check for accuracy, appropriateness, completeness of such Third Party Websites and Third Party Content, and we are not responsible for any of these Third Party Websites accessed through the Site or any Third Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, private practices, or other policies of or contained in the Third Party Website or the Third Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third Party Websites or any Third Party Content does not imply approval or endorsement thereof by Pro Energy. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third Party Websites will be through other websites and from other companies, and we take no responsibility in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that Pro Energy does not endorse the products or services offered on Third Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services, including any losses sustained by you or harm caused to you relating to or resulting in any way from any Third Party Content or any contact with Third Party Websites.
NOTIFICATIONS
We respect the intellectual property rights of others. If you believe that any material available on or through our Site infringes upon your copyrights, please email us with your notification at [email protected] along with a copy of the notification to:
Pro Energy Services Group, LLC
2060 Aldergrove Ave.
Escondido, CA 92029
Notifications must meet the requirements under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. Section 512 (c)(3)(A). Under the DMCA, notifications that fail to comply substantially with the provisions within the DMCA shall not be considered that we were provided “actual knowledge or [we are] aware of facts or circumstances from which infringing activity is apparent.”
DISCLAIMER
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE DISCLAIM ALL REPRESENTATIONS, GUARANTEES, WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF (INCLUDING OUR PRODUCTS, SERVICES, AND SITE CONTENT), INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGMENT, AND ACCURACY.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR ALIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPELINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.
NO ORAL OR WRITTEN INFORMATION OR ADVIVE GIVEN BY US OR OUR AUTHORIZED AGENT SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF OUR OBLIGATIONS UNDER THESE TERMS AND CONDITIONS.
INDEMNITY
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising in connection with your use of the Site (including our products, services, and Content); breach of these Terms and Conditions; any breach of your representations and warranties set forth in these Terms and conditions; your violation of the rights of a third party, including but not limited to intellectual property rights; or any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, Pro Energy reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you; however, doing so will not excuse your indemnity obligations.
GOVERNING LAW
These Terms and Conditions and your use of the Site including dispute resolution shall be exclusively governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
DISPUTE RESOLUTION
To expedite resolution and control the cost of any dispute, controversy, or legal claim arising out of or related to the Site, including controversies relating to the applicability, enforceability or validity of any provision of these Terms and Conditions or our Privacy Policy (collectively, “Disputes”), you expressly agree that any Disputes shall be resolved by the procedures set forth herein. You hereby agree to resolve all disputes exclusively through binding arbitration. All Disputes shall be resolved by one neutral arbitrator, who will be agreed upon by both parties to the Disputes. If the parties cannot agree on a neutral arbitrator after forty-five (45) days, either the American Arbitration Association (AAA) or JAMS whichever Pro Energy agrees to for the arbitration shall select the neutral arbitrator for the Disputes. Pro Energy will incur the costs of the mutually selected arbitrator for all non-frivolous claims. The arbitration shall be conducted under the Arbitration Rules of the AAA (www.adr.org); or in the event of JAMS, the arbitration shall be conducted by JAMS arbitration rules (www.jamsadr.com). You specifically agree that you are bound to resolve any and all Disputes in arbitration, including but not limited to the ability to enforce this arbitration agreement. Each party agrees to pay its own attorneys’ fees and expenses. The arbitration shall be conducted in San Diego, California. The arbitrator has the power to award injunctive relief, but does not have the power to award punitive damages. The arbitrator’s award shall be final and binding on all parties to these Terms and Conditions. Such arbitrator’s award may be entered as a judgment in any court of competent jurisdiction.
SEVERABILITY
If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provision.
ENTIRE AGREEMENT
These Terms and Conditions and any Policies posted by Pro Energy on the Site constitute the entire agreement and understanding between you and Pro Energy. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
CONTACT US
If you have any questions or comments regarding our Terms and Conditions or any other questions about the Site, please contact Pro Energy by e-mail at [email protected], or by phone at (760) 744-7077.