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Acceptable Use Policy

This Acceptable Use Policy (“AUP”) governs your use of the Proformapp.com website located at www.Proformapp.com and all other websites operated by Proformapp.com and its affiliates (each, a “Proformapp.com Site”), and the services, software, and hardware (collectively, the “Products”) provided to you or your Organization by ERICBEISEL.COM, LLC, Inc. dba Proformapp.com and its affiliates (collectively, “Proformapp.com”). Proformapp.com may modify this AUP by posting a revised version on the Proformapp.com Site and such revised version will be effective upon posting. By using the Products or accessing the Proformapp.com Site, you agree to the latest version of this AUP.
 

This AUP sets out a non-comprehensive list of unacceptable conduct with respect to the Proformapp.com Site and Products.
 

You may use the Proformapp.com Site and Products only for lawful purposes. If you are an Organization that is a customer of Proformapp.com, the term “you” includes your Authorized Users (as defined in the Organization Terms of Service ) and you are responsible for your Authorized Users’ compliance with this AUP.
 

Do Not:

  • permit any third party that is not an Authorized User to access or use a username or password for the Proformapp.com Site or Products;

  • share, transfer or otherwise provide access to an account on the Proformapp.com Site or Products designated for you to another person;

  • use the Products or Proformapp.com Site to store, display, process, or transmit any content that may infringe upon, violate, or misappropriate a third party's trademark, copyright, or other intellectual property or proprietary right, including, but not limited to, rights or publicity or privacy, or that may be tortious or unlawful;

  • use the Proformapp.com Site or Products in any way that violates any applicable federal, state, local or international law or regulation (including, but not limited to, any laws regarding the export of data or software to and from the United States or other countries) or to promote illegal activity;

  • upload to, or transmit from, the Products or Proformapp.com Site any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component or code or a technology that unlawfully accesses or downloads content or information stored within or accessible through the Proformapp.com Site, Products, or hardware of Proformapp.com or any third party;

  • attempt to decompile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity, or performance of the Proformapp.com Site or Products (including any mechanism used to restrict or control the functionality of the Products or Proformapp.com Site), any third party use of the Products or Proformapp.com Site, or any third party data contained therein (except to the extent such restrictions are prohibited by applicable law);

  • attempt to gain unauthorized access to the Proformapp.com Site, Products or related systems or networks or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of the Products or Proformapp.com Site;

  • access the Products or Proformapp.com Site to build a similar or competitive product or service, to copy any ideas, features, functions, user interfaces, or graphics of the Products or Proformapp.com Site, or to copy or download any documents, content, information, images, videos, photos, or other material available on or through the Products or the Proformapp.com Site except to the extent expressly authorized by a written agreement with Proformapp.com;

  • use any robot, spider, or other automatic device, process, or means to access the Proformapp.com Site or Products for any purpose, including, but not limited to, monitoring or copying any of the material on the Proformapp.com Site or Products;

  • use the Products or Proformapp.com Site in any manner that may harm or exploit minors or targets people under the age of thirteen;

  • use the Products or Proformapp.com Site to publish, display, process, share, or store materials that constitute child sexually exploitative material (including, but not limited to, material which may not be illegal child sexual abuse material, but which nonetheless sexually exploits or promotes the sexual exploitation of minors), pornography, or are otherwise obscene, indecent, or objectionable;

  • use the Proformapp.com Site or Products to publish, display, process, share, or store materials related to illegal drugs or paraphernalia;

  • use the Proformapp.com Site or Products to engage in activity, or display, store, process, or transmit material, that incites or encourages violence or hatred against individuals or groups;

  • remove any copyright, trademark, or other proprietary rights notice contained in or on the Proformapp.com Site or Products or in any materials available from the Proformapp.com Site or Products;

  • impersonate any person or entity, including, but not limited to, a Proformapp.com employee, an “Organization Admin” or “Team Admin” (as defined in the Organization Terms of Service), an “Organization” (as defined in the Organization Terms of Service), or any other Authorized User, or falsely state or otherwise misrepresent your affiliation with a person, Organization, or entity;

  • use the Products or the Proformapp.com Site to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) or person(s); restricted by applicable export and import control laws and regulations including but not limited to the Export Administration Regulations (codified at 15 C.F.R. §§ 730-774) promulgated by the Bureau of Industry and Security of the U.S. Commerce Department.

  • access, search, or create accounts for the Products or the Proformapp.com Site by any means other than Proformapp.com’s publicly supported interfaces or other authorized interfaces (for example, scraping or creating accounts in bulk);

  • use the Proformapp.com Site or Products to send unsolicited communications (including spam), promotions or advertisements;

  • place any advertisements within a Product or the Proformapp.com Site except to the extent expressly permitted by the Organization Terms of Service;

  • use the Proformapp.com Site or Products to send altered, deceptive, or false source-identifying information, including, but not limited to, spoofing or phishing;

  • use the Proformapp.com Site or Products to abuse promotions, including, but not limited to, sweepstakes and giveaways;

  • sublicense, resell, time share or similarly exploit the Products or the Proformapp.com Site;

  • use contact or other user information obtained from the Products or the Proformapp.com Site (including, but not limited to, names, phone numbers, addresses, and email addresses) to contact Authorized Users or third parties without their express permission or authority or to create or distribute mailing lists or other collections of contact or user profile information for third parties for use outside of the Products or Proformapp.com Site;

  • engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Proformapp.com Site or Products, or which, as determined by Proformapp.com, may harm Proformapp.com or users of the Proformapp.com Site or Products, or expose them to liability or otherwise attempt to interfere with the proper working of the Proformapp.com Sites and/or Products; or

  • authorize, permit, enable, induce, or encourage any third party to do any of the above.
     

Streaming. By using functionality available on the Proformapp.com Site that facilitates livestreaming through YouTube, you agree to be bound by YouTube’s Terms of Service (https://www.youtube.com/t/terms).
 

Reporting of Violations. To report any violation of this AUP, please contact Proformapp.com at support@Proformapp.com, making sure to include as much identifying information as possible. Please note that Proformapp.com will not open any attachments, nor will Proformapp.com respond to spam or to reports that contain offensive or vulgar language.
 

Violations. Proformapp.com reserves the right to take any action it determines in its sole discretion to be appropriate if it believes this AUP has been violated (or if it believes any content violates this AUP), which action could include, without limitation, removing or disabling access to content, suspending access to the Products, terminating an account, taking appropriate legal action, disclosing your identity or information about you to any third party who claims that material posted by you violates their rights (including their intellectual property rights), or other action. Proformapp.com has the right, but not the obligation, in its sole discretion to remove any content that Proformapp.com believes violates the Organization Terms of Service, this AUP, Applicable Law, or is otherwise objectionable.
 

Without limiting the foregoing, Proformapp.com has the right to cooperate fully with any law enforcement authorities or court order requesting or directing Proformapp.com to disclose the identity or other information of anyone posting any materials on or through the Proformapp.com Site. YOU WAIVE AND HOLD HARMLESS PROFORMAPP.COM FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PROFORMAPP.COM DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY PROFORMAPP.COM OR LAW ENFORCEMENT AUTHORITIES AS THEY RELATE TO THIS AUP. However, Proformapp.com does not review material before it is posted on the Proformapp.com Site or Products and cannot ensure immediate removal of objectionable material after it has been posted. Accordingly, Proformapp.com assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any Authorized User or third party. Proformapp.com has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
 

Subpoenas. For information regarding serving a subpoena on Proformapp.com, please contact Proformapp.com legal at legal@Proformapp.com.
 

Notice and Procedure For Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement and such allegedly infringing materials are accessible on or from the Proformapp.com Site or Products, you may request removal of such materials (or access to them) from the Proformapp.com Site or Products by providing Proformapp.com’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Proformapp.com that your copyrighted material has been infringed.

  • An electronic or physical signature of the owner of the copyright interest or a person authorized to act on behalf of the owner of the copyright interest;

  • Identification of the copyrighted work claimed to have been infringed (or, if the claim involves multiple works on the Proformapp.com Site or Products, a representative list of such works);

  • Identification of the material that you claim is infringing in a sufficiently precise manner to allow us to locate such materials on the Proformapp.com Site or Products;

  • Your name, postal address, telephone number and, if available, email address;

  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • A statement by you that the information in this notice is accurate; and

  • A statement by you, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
     

Proformapp.com’s designated copyright agent (“Copyright Agent”) to receive notifications of claimed copyright infringement is Copyright Manager, ERICBEISEL.COM, LLC, Inc. dba Proformapp.com, who may be contacted by email at legal@Proformapp.com or by mail at  937 Oakmoor Dr., Fenton, MO 63026 or by phone at 314-608-8289.
 

If you fail to comply with all the above requirements, your notice to Proformapp.com may not be effective.
 

It is Proformapp.com’s policy in appropriate circumstances to disable or terminate the accounts of customers who Proformapp.com suspects are repeatedly infringing copyrights.
 

If you believe that the work that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent or pursuant to the law, to post and use the allegedly infringing work you may send a counter-notice containing the following information to the Copyright Agent:

  • Your physical or electronic signature;

  • Identification of the work that has been removed or to which access has been disabled and the location at which the work appeared before it was removed or disabled;

  • A statement, under penalty of perjury, that you have a good faith belief that the work was removed or disabled because of a mistake or a misidentification of the work;

  • Your name, address, telephone number and, if applicable, e-mail address; and

  • A statement that you consent to the jurisdiction of Federal District Court in Missouri and a statement that you will accept service of process from the person who provided notification of the alleged infringement (or an agent of such person).
     

If a counter-notice is received by the Copyright Agent, Proformapp.com may, in its sole discretion, send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed work or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the provider or user of the work, the removed work may be replaced or access to it restored.

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