Terms of Use

Terms and Conditions

1. Acceptance of Terms

This website located at www.probos.com (this "Site") is being provided subject to your acceptance of the following User Agreement ("Agreement") which may be updated by ProBOS from time to time. By becoming a Visitor or User (as defined herein) of the Site, you agree to be bound by the terms of this Agreement. If you have any questions about this Agreement, please contact us at info@probos.com before using this Site. All references herein to "we" or "us" refer to ProBOS.

2. Types of Visitors

Any person or entity (through its agents) accessing, browsing, or otherwise using the Site, either manually or via an automated device or program, shall be deemed a "Visitor" under this Agreement. All Visitors are bound by the terms of this Agreement. If you do not agree to be bound by the terms of this Agreement, then you should not use or access the Site or its software products. A Visitor who becomes a registered User of the Site shall be deemed a "User." ProBOS and any Visitor shall be deemed "Parties" to this Agreement.

3. Description of Services

ProBOS is an Internet networking service, utilizing web-based software, where users such as business owners, marketing professionals and group members can organize their groups, perform marketing functions, and manage corporate operations. All users of the software are Users under this Agreement.

4. Conditions of Use

In order to become a User, you must register and provide to us certain personally identifiable information, including but not limited to, name, address, and email address, (collectively "Registration Information"). Providing false Registration Information constitutes a material breach of the Agreement. .

5. No Endorsement of Content or Businesses

ProBOS makes no representations or endorsements regarding the quality, accuracy, reliability or condition of any content posted on the Site. ProBOS does not control the quality, safety, truth or accuracy of the content and makes no representation thereof. ProBOS shall have no obligation to review the Site's content. All content provided by Users of the Site is the sole responsibility of the User, not ProBOS. You understand that by using the Site you may be exposed to content that is inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any content, and that under no circumstances will ProBOS be liable for any loss or damage of any kind as a result of the use of any content or service providers posted, emailed or otherwise made available through the Site.

6. Acceptable and Lawful Use of Site

Any Registration Information, computer information, or other information a User or Visitor provides to us in connection with the use of the Site: (a) shall not be false, inaccurate, deceptive, deceitful, or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing, invasive of another's privacy, or harm minors in any way; (f) shall not create liability for us or cause us to lose (in whole or in part) the software products or our suppliers; and (g) shall not include personal or identifying information about another person who does not wish to be included. Visitors shall comply will all applicable laws, statutes, ordinances and regulations regarding use of the Site. ProBOS reserves the right to report any wrongdoing, if we become aware of it, to the applicable government agencies.

7. Acceptable and Lawful Use of Software

Any software product that is made available, either as a download or otherwise, from the Site is the copyrighted work of ProBOS and/or its affiliates or suppliers. The software products are made available solely for use by end users via the Site. Any use, reproduction, redistribution of the software products not in accordance with the intended use on the Site is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SITE OR SOFTWARE PRODUCTS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

8. License Granted

User grants ProBOS a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise the copyright and publicity rights User has in Registration Information provided to ProBOS by User, in any media whether now known or hereafter to become known. ProBOS will only use Registration Information in accordance with its Privacy Policy located at http://www.probos.com/privacy.html.

9. Relationship

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement between Visitors and ProBOS. This Agreement is between the Visitor and ProBOS and is not intended to be for the benefit of any third party. If there is a dispute between participants on this Site, or between users and any third party, you understand and agree that ProBOS is under no obligation to become involved. In the event that you have a dispute with one or more users or third parties, you hereby release ProBOS, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or services.

10. Posting on ProBOS

You represent and warrant that you own or otherwise control all of the rights to the content you post and that the content is accurate. ProBOS reserves the right, but not the obligation, to refuse to post or to remove any content or portions thereof, in any media worldwide if it contains or features any of the content described in Section 6. With respect to content you submit or make available for inclusion on the Site ('Content"), you grant ProBOS a world-wide, royalty-free, perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. This license means that ProBOS, its parent, subsidiary or affiliated companies have the unrestricted, perpetual and exclusive right to use, reproduce, modify, transmit, and distribute any and all materials and communications regarding and including submitted reviews, or portions thereof, in any media worldwide.

11. Security

We utilize secure servers to protect your Registration Information. Users shall not disclose Registration Information to third parties. Users are responsible for all activities which occur under their Registration Information. User agrees to immediately notify us in writing of any unauthorized use of User's account. League Managers and Team Captains agree to refrain from disclosing Registration Information to third parties unless written consent is obtained.

12. Privacy Statement; Email

Visitors agree that they have read and understand the terms of our Privacy Statement at http://www.probos.com/privacy.html which is hereby incorporated into this Agreement by reference. Visitors acknowledge that the Site may link to other sites not controlled by us and that the collection of a Visitor's data by these sites is outside the scope of our control. ProBOS reserves the right to monitor a User's use of the Site in accordance with our Privacy Statement. Users acknowledge that by becoming a User, they consent to receipt of certain email messages from us in connection with the use of the Site and software.

13. System Integrity

Visitors may not use any device, software or routine to interfere with the proper working of the Site. Visitors may not use any method to intercept or expropriate any system data or information from the Site without the express written permission of ProBOS. Visitors may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site including but not limited to unsolicited email (i.e., "Spam"). Visitors shall not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without the prior expressed written permission of ProBOS. Information on the Site is frequently updated and is proprietary or is licensed to ProBOS. Visitors agree that they will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our web site without the prior expressed written permission of ProBOS and the appropriate third party.

14. System Outages

We periodically schedule system downtime for maintenance and other purposes. Unplanned system outages also may occur. We shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, nondelivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.

15. No Warranty

ProBOS provides this web site and the software products "as is" and without any warranty or condition, express, implied or statutory. GreenRope® specifically disclaims any implied warranties of title, merchantability, and fitness for a particular purpose, accuracy of informational content and non-infringement. Visitor assumes total responsibility and risk for use of this site, use of any service providers obtained from this site, the software products, and hyperlinked web sites. Some states and countries do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

We make no warranty that the site will meet visitors' requirements, or that software products or services will be uninterrupted, timely, secure or error free, nor do we make any warranty as to the results that may be obtained from the use of the software products or as to the accuracy or reliability of any information obtained through the site or that any defects will be corrected. No advice or information, whether oral or written, obtained by a user from GreenRope® shall create any warranty not expressly made herein. This disclaimer is made to the fullest extent permitted by law.

16. Other Limitations of Liability

In no event whatsoever shall ProBOS, its parent company, shareholders, affiliates, suppliers or their respective authorized representatives be liable for any indirect, consequential, incidental, special, punitive or exemplary damages, or for any loss of profits or revenue, including but not limited to loss of sales, profit, revenue, goodwill, or downtime, (however arising in tort, contract, or otherwise) regardless of such party's negligence or whether such party knew or should have known of the possibility of such damages. In any event, liability is limited to the fullest extent permitted by law. Users understand and agree that the download and upload of any material through this site is done at your discretion and risk and that you will be solely responsible for any loss or damage to your computer system or loss of data that may result in the download or upload of any material. ProBOS neither assumes, nor does it authorize any other person to assume on its behalf, any other liability in connection with the provision of the site and software products. The limitations of liability provided in this Agreement inure to the benefit of GreenRope®, our parent company, shareholders, affiliates and to all of our respective officers, directors, employees, attorneys and agents and, in each case, liability is limited to the fullest extent permitted by law.

17. Indemnification

Visitor and User agree to indemnify, defend and hold harmless ProBOS, its parent company, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from Visitor's or User's (directly or through its agents) use of the Site or software products provided hereunder by ProBOS and Visitor's or User's breach of any provision of this Agreement or any intentional wrongdoing by Visitor or User.

18. Notices

Notices to User and ProBOS shall be by email or certified mail, return receipt requested. Notices to ProBOS shall be sent to info@probos.com or, if by certified mail, to ProBOS, 15 Huntsman Meadow, Ascot, Berkshire SL5 7PF. Notices to User shall be sent to the email address contained in User's Registration Information. User is responsible for keeping User's Registration Information current. ProBOS shall not be responsible for User's failure to receive notice if User's Registration Information is incomplete, not current, or otherwise inaccurate. Notice sent by email shall be deemed given twelve (12) hours after email message is sent. Users can modify email addresses and other Registration Information previously provided to us by emailing support@probos.com or by updating their account information online.

19. Electronic Signatures

Visitors and ProBOS agree that any document or record, including this Agreement, which is transmitted or received by electronic transmission by either party shall be treated in all manner and respects as an original signed document where sufficient indicia of acceptance by the respective party exists. Accessing the Site constitutes acceptance of this Agreement by the Visitor.

20. Governing Law and Choice of Forum

This Agreement shall be governed by and construed in accordance with the laws of the England, exclusive of its choice of law rules and matters affecting copyrights, trademarks and patents under English law. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. Any suit relating to this Agreement, the Site or the software products shall be brought exclusively in the England and both Parties consent to the jurisdiction thereof.

21. Miscellaneous

In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement. The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement. The delay or failure of Visitor or ProBOS, at any time or times, to require performance of any provision hereof shall in no manner affect Visitor or ProBOS's right at a later time to enforce such provision. No delay or failure of Visitor or ProBOS in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. This Agreement and any documents expressly incorporated by reference, including but not limited to the Privacy Policy, constitute the entire agreement between ProBOS and you, the Visitor, pertaining to the subject matter hereof. In its sole discretion, ProBOS may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting on the Site. Any amended or modified terms will be effective upon posting. Continued use of or visits to the Site constitutes acceptance of any modified terms and conditions. Visitor shall regularly review the Agreement that is posted at http://www.probos.com/terms.html. ProBOS may, at any time, assign its rights or delegate its obligations hereunder without notice to Visitor. No person not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this Agreement shall have any right to enforce any term of this Agreement.

22. Inquiries

The Site and any content are offered by ProBOS, located at 15 Huntsman Meadow, Ascot, Berkshire, SL5 7 PF England. Anyone wishing a copy of this Agreement may obtain such by writing ProBOS, accessing the Site, or emailing support@probos.com. Questions concerning the Site, the software products, or any aspect of this Agreement should be directed to ProBOS.

22. No Spam

Sending unsolicited bulk email (spam) is strictly prohibited. All users are required to accept and adhere to ProBOS's anti-spam policy.  This policy also applies to using ProBOS's network to send SMS text messages.

Additional Terms for Account Owners

If a Account Owner signs up for a paid subscription, Users on his or her group may use the Site to make payments to the Account Owner for events, such as meetings, practices, event fees, sports equipment or other fees or costs relating to the group. By signing up for an account, you agree to the following Additional Terms and Conditions:

1. Monthly Membership Fee for Account Owners

You agree that the charge of the Premium Account Membership is a minimum of £10 per month for a Account Owner account, which will be charged on your credit card at the end of each 30-day cycle after your initial subscription date. The charge will reflect ProBOS parent company, Probos Ltd.

2. Additional Benefits

ProBOS offers additional benefits to Premium Accounts (paying subscribers). These include, but are not limited to, more flexible emailing tools, faster contact import functions, and processing of payments for events and seasons. ProBOS offers a store venue ("Store") which allows Premium Account Users to offer and sell items to League Managers, Account Owners and the public at large. ProBOS is not involved in the actual transaction between buyers and sellers.

3. Items Sold via the Store

ProBOS has no control over and does not guarantee or warrant the quality, safety or legality of items advertised, the truth or accuracy of content or listings, including the description of items, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

4. Transfer of Items Sold via the Store

ProBOS does not transfer legal ownership of items from the seller to the buyer. Nothing in this Agreement shall modify the provisions of UK Sales of Goods Act which provides in part "Unless otherwise explicitly agreed title passes to the buyer at the time and place at which the seller completes his performance with reference to the physical delivery of the goods, despite any reservation of a security interest and even though a document of title is to be delivered at a different time or place; and in particular and despite any reservation of a security interest by the bill of lading."

5. Transaction Fees

You agree that ProBOS charges a £1.00 transaction fee for payments made through the Site by Users to Account Owners and payments made through the Store by any buyer. Such transaction fee(s) shall be charged on your credit card at the end of each month. By signing up for the Premium Account, you expressly authorize ProBOS to automatically process all such fees by credit card at the end of each month. All transaction fees are non-refundable. The fee charged by ProBOS will be in addition to any transactional fees paid to PayPal. PayPal is a third party vendor which provides on-line payment services.

6. Restriction on Use of the Store

While using the Store, you will not:

Violate any laws or third party rights;
Use the Store if you are not able to form legally binding contracts or are under the age of 18;
Fail to deliver items purchased from you, unless the buyer fails to meet agreed upon terms;
Circumvent or manipulate ProBOS's fee structure, billing process or fees owed to ProBOS;
Transfer your account and User Identification to another party without ProBOS's consent;
Offer to sell or sell any of the following prohibited items:
Adult content and sexually oriented materials including child pornography;
Agricultural compounds including fertilizers;
Alcoholic beverages including beer, wine, spirit, and liquor;
Animals, fish, plants, and wildlife products;
Cigarette, cigar, tobacco, or nicotine products;
Copyrighted items and content which breach any copyright or other intellectual property rights;
Counterfeit items including, coins, currency, and stamps;
Drug paraphernalia and narcotics;
Firearms, fireworks, ammunition, pyrotechnics, and explosives;
Government-issued identification documents including passport, driver license, police badge and insignia;
Human bodies or body parts and bodily fluids;
Illegal telecommunication or electronic equipment such as satellite, digital, cable Law enforcement and military items prohibited by federal and state law;
Lottery and raffle tickets, sweepstakes, pyramid schemes, manufacturer coupons, multiple level marketing programs, etc.;
Mailing lists, personal information, e-mail addresses, or URL's;
Meat, livestock and poultry;
Medicine, medical devices, and health-related supplements;
Weapons such as pepper spray, switchblade knives, ninja stars, or concealed weapons;
Slot machines and gambling equipment;
Stocks, bonds, and securities of companies;
Non-transferrable travel packages and offers including vouchers, airplane tickets, train tickets, and timeshare properties; and
Any other item that violates any applicable federal, state or local law or regulation or which ProBOS determines, in its sole discretion, is inappropriate for sale through the Store.

7. Abuse and Misuse of Store

ProBOS may investigate reports of abuse or misuse and, if appropriate, limit or prohibit your use of the Store. You agree that ProBOS may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized use of the Website. ProBOS reserves the right to terminate your account or your access to the Store immediately, with or without notice to you, if ProBOS believes you have violated any of the Terms of Use, furnished ProBOS with false or misleading information, or interfered with use of the Store by others. All determinations are final and are made at ProBOS's sole discretion. By agreeing to these Terms of Use, you agree to participate in investigations and be bound by ProBOS's determinations. If ProBOS, in its sole discretion, determines that a violation of this Agreement has occurred, or if ProBOS believes that your actions may cause legal liability for you, our users or us, ProBOS may take actions or pursue legal remedies that it believes are necessary or prudent, including, but not limited to, issuing a warning, filing a complaint, deleting any listings, advertisements or offending material from the Site, suspending or canceling your Account, releasing user information, filing a report with the appropriate authorities and/or excluding any person(s) who may have violated any terms of this Agreement.

8. Termination

ProBOS may terminate your account and services at any time upon notice to you. ProBOS may also, but has no duty, to immediately terminate its services, terminate your access and password and/or remove any content. Upon termination, you will remain responsible for any applicable transaction fees. Termination by any account owner requires 30 days written advance notice. An account owner may request a refund for any unused prepayments that were collected by ProBOS Ltd. All subscription-related refunds will be pro-rated with the remaining balancing starting 30 days from the receipt of the request to cancel the account. This refund will be processed within 30 days of receipt of the account termination request and will be in the form of a credit to the card we have on file.

9. Limitation of Liability

ProBOS provides the Store "as is" and without any warranty or condition, express, implied or statutory. To the fullest extent legally permitted, ProBOS specifically disclaims any implied warranties of title, merchantability, and fitness for a particular purpose, accuracy of informational content and non-infringement. Visitors and Users assume total responsibility and risk for use of the Store. Some states and countries do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. ProBOS cannot guarantee continuous or secure access to its services and operation of the Store may be interfered with by factors outside of its control. ProBOS is not liable for any loss of money, goodwill or reputation or special, indirect, or consequential damages arising out of your use of the Store or ProBOS's services. ProBOS assumes no risk of liability in connection with the transactions between Users and Account Owners, and any dispute between a User and a Account Owner shall be handled directly between the User and Account Owner. ProBOS assumes no risk of liability in connection with the transactions between a seller and buyer using the Store, and any dispute between a seller and buyer using the Store shall be handled directly between the seller and buyer.

Additional Terms for Members of Groups

Members of groups may have additional benefits provided to them.

1. Transaction Fees

You agree that PayPal and ProBOS charge fees for payments made through the Site. Such transaction fee(s) are in addition to event and season fees charged by the Account Holder. By providing your billing information through the ProBOS and PayPal payment systems, you expressly authorize PayPal and ProBOS to automatically process all such fees. All transaction fees are non-refundable. PayPal is a third party vendor which provides on-line payment services.

2. Limitation of Liability

ProBOS assumes no risk of liability in connection with these transactions, and any disputes shall be handled directly between the parties and not involve ProBOS whatsoever.

Additional Terms for Sponsors

Individuals, companies, and other entities may choose to sponsor a ProBOS group or company ("Sponsors"). Sponsors and their sponsorships are displayed on the group Website, at the discretion of the group organizer. Some accounts provide an online mechanism for a third party to become a Sponsor directly through the group Website.

1. Transaction Fees

You agree that PayPal and ProBOS charge fees for payments made through the Site by Sponsors to Account Owners. Such transaction fee(s) are in addition to sponsorship fees charged by the Account Owner. By providing your billing information through the ProBOS and PayPal payment systems, you expressly authorize PayPal and ProBOS to automatically process all such fees. All transaction fees are non-refundable. PayPal is a third party vendor which provides on-line payment services.

2. Limitation of Liability

ProBOS assumes no risk of liability in connection with the transactions between Sponsors and Account Owners, and any dispute between a Sponsor and an Account Owner shall be handled directly between the Sponsor and Account Owner.

Additional Terms for Resellers

Individuals, companies, or other entities may choose to resell the ProBOS software ("Resellers") under their own or a co-branded portal. Resellers have the ability to create, modify, and delete individual accounts and are responsible for the behavior and payment of the accounts they create, modify, and/or delete.

1. Reseller Responsibilities and Fees

Resellers are responsible for obtaining their own clients, supporting those clients, and managing billing issues for those accounts. Resellers are also responsible for ensuring the accounts that use the Software adhere to these Terms of Use.

Resellers are charged on 30-day cycles for the aggregate use of their portal. Pricing applicable to resellers is available in a dedicated Portal Manager page and much be paid in full on the last day of the 30-day billing cycle.

Resellers are responsible for paying for accounts, contacts loaded, emails sent, transactions facilitated, and any other applicable incremental costs associated with the accounts associated with their Reseller account.

2. Limitation of Liability

ProBOS assumes no risk of liability with transactions between Resellers and their accounts, and any dispute between a Reseller and a Account Owner shall be handled directly between the Reseller and the Account Owner.

3. Support of Reseller Accounts

ProBOS staff will use best efforts to assist Reseller and Reseller's end users, as requested by Reseller or Reseller's Clients. Reseller understands that GreenRope® may require participation of the Reseller in resolving technical support issues and that Reseller will also exercise its best efforts to assist ProBOS in assisting Reseller's Clients.

ProBOS may conduct training from time to time to assist Reseller. Such training may be funded in part or wholly by Reseller, depending on mutually agreed-upon terms before such training is to take place.

4. Marketing of Reseller's Version of the Software

Reseller is responsible for marketing the use, applications, advantages, and capabilities of the Software. GreenRope® will assist when possible, but the costs to promote and advertise Reseller's version of the Software will be borne fully by Reseller.