Terms and Conditions
Last Updated October 6, 2020
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE.
By using our website PROLINGO.COM, and any or all services, platforms, and applications on our website, you are acknowledging that you have read and understand these Terms and Conditions and that you agree to be bound by them. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of our services. User acknowledges that by reviewing these Terms and Conditions and then deciding to continue use of this website, you assume any and all risks, if any, that may exist in participating in any online platform or application. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
1.1 Terms. This website is operated by ProLingo, Inc. Throughout the website, the terms “we”, “us” and “our” refer to ProLingo.com and ProLingo, Inc. ProLingo, Inc. offers this website, including all information, tools, platforms, applications, products, and services available from this site to you, the User, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. The term “Client” is also used throughout the website. “Client” refers to a person or business entity that has requested a quotation or submitted an order for a product or service, or has entered into a Contract with ProLingo according to the terms set forth in Section 2.2. The term “Event” refers to a scheduled event for which ProLingo has agreed to provide translation services and/or equipment. The details of the Event are set forth in a written Contract between ProLingo and Client.
1.2 Agreement to Be Bound. By visiting our website, using a platform and/or application provided on the website, purchasing a product and/or service from us, and/or renting equipment from us, you engage in our service (“Service”) and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of our website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
1.3 New Features. Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this website. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
QUOTATIONS AND CONTRACTS
2.1 Online Store Terms. By agreeing to these Terms of Service, you represent that you are at least 18 years of age, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our services for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. User acknowledges that by reviewing these Terms and Conditions and then deciding to continue use of this website, you assume any and all risks, if any, that may exist in participating in any online platform. A breach or violation of any of the Terms will result in an immediate termination of your Services. ProLingo has an online store that rents and sells interpretation and audio/video equipment. ProLingo also offers 10 types of interpretation and translation services.
2.2 Quotations and Acceptance. As it concerns our online store, all quotations are subject to confirmation by ProLingo upon receipt of Client’s order. Client’s order shall become a Contract (“Contract”) between Client and ProLingo only upon ProLingo’s written acceptance of the Client’s order. When accepted, each Client order constitutes a separate Contract. A quotation is valid only during the “Valid For” timeframe set forth in a quotation.
2.3 Modification. As it concerns services ordered online, no modification or alteration of any Contract between ProLingo and Client shall be effective unless such modification is in writing and signed by all Parties.
3.1 No Liability Disclaimer. PROLINGO.COM(PL) is provided “as is” and you use it at your own risk. ProLingo (www.prolingo.com) , the ProLingo App platform and applications owned and operated by Quinz Enterprises Inc., will not be liable for any damages of any kind arising out of or in connection with the use of this website. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to: direct, indirect, incidental, punitive, or consequential damages; loss of data, income, or profit; loss of or damage to property, and claims of third parties.
3.2 Refusal of Service. We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
3.3 Intellectual and Proprietary Property. Users and Clients of this website acknowledge Prolingo’s intellectual property rights and represent and warrant that:
3.3.1 No Reproduction. You will not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
3.3.2 Proprietary Website Content. The content on this website is the property of ProLingo, Inc. and protected by U.S. and international copyright laws. PROLINGO.COM, all page headers, and custom graphics are service marks, trademarks, and/or trade dress (collectively, “Intellectual Property”) of ProLingo.com and may not be used in connection with any product or service that is unauthorized by ProLingo Inc. PROLINGO.COM is a trademark of PROLINGO, INC. All trademarks, product names, and company names or logos cited herein are the property of their respective owners. Permission is granted to electronically copy and print in hard copy portions of this site for the purpose of placing a request and/or order with ProLingo, Inc. or using this website as a shopping resource. Reproduction for purposes other than those permitted is strictly prohibited.
3.3.3 The ProLingo App. All content and materials available on the ProLingo App, including but not limited to text, graphics, website names, images, logos, source code, databases, functionality, software, website designs, audio, video, photographs, trademarks, and service marks (collectively, “Intellectual Property”) are owned or controlled by ProLingo or licensed to ProLingo, and are protected by U.S. and international copyright and trademark law. No part of the ProLingo App or Intellectual Property may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without the prior written permission of ProLingo.
3.4 Use of Client’s Name in Marketing. If client accesses this website or in mobile application for use of services, Client grants ProLingo permission to use the Client’s name and to use the Client as a reference when marketing its services. This permission shall survive the termination of any Contract between Client and ProLingo.
ACCURACY OF INFORMATION
4.1 Accuracy of Information. We are not responsible if any information on our website is not accurate, complete, or current. Pricing and availability information is subject to change and without notice.
4.2 Historical Information. This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of our website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our site as it concerns your matter.
PRICING, FEES, PAYMENT TERMS, AND RETURNS
5.1 Modifications to Services and Prices. User acknowledges that prices for services and future products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
5.2 Prices. User understands that any prices that it accesses on this website or via the mobile application are quoted in United States Dollars (USD). Prices quoted reflect specific job conditions. Any changes in requirements may alter individual prices per unit or may have an impact on any discounts offered. Services requested with less than 48 hours’ notice (excluding weekends) are subject to rush fees.
5.3 Payment Terms. User understands that any payments that it makes through this website or via the mobile application, shall be made in USD. If a payment is made by check, the check must be drawn on a U.S. bank. Payments must be made within 30 days of the invoice date. Client’s failure to dispute an invoice within ten (10) of the date of the invoice will be considered acceptance of the invoice by the Client. After 30 days, unpaid invoices are past due. After 45 days, the account is marked delinquent and may be placed with our collection service and reported to credit bureaus. Balances unpaid after 60 days will be charged interest at a rate of 1.5% per month. Expenses incidental to collection (including court costs, fees, expenses, and reasonable attorney’s fees) equal to 18 percent of the unpaid balance also will be charged to any account placed with our collection service.
5.4 Returns and Chargebacks. User understands that any payments made via this website or via the mobile application may be subject to a chargeback. Before proceeding with chargebacks, credit returns, credit card disputes, or legal actions, Client shall give ProLingo written notice of the issue, and ProLingo shall have thirty (30) days from receipt of notice to investigate and attempt to resolve the issue. If the parties are unable to resolve the issue within that time, and the Client pursues a credit card chargeback, if the credit card chargeback is resolved by the credit card issuer in favor of ProLingo, then Client shall pay ProLingo on demand its costs (including employee time) incurred in the matter.
PRODUCTS AND SERVICES
6.1 Reservations and Equipment Rentals. Reservations for translation services and equipment rentals are made on a first-come, first-served basis. A signed Contract is required to guarantee availability of equipment and interpreters. We reserve the right to refuse any reservation for translation services or equipment you place with us. We may, at our sole discretion, limit or cancel quantities rented and/or purchased per person, per company, or per order.
6.2 Display. We have made every effort to display as accurately as possible images of ourproducts and services and those of third-party vendors that appear. However, we cannot guarantee that your computer monitor’s display of any color will be accurate.
6.3 Sales Jurisdiction. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this website is void where prohibited.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
7.1 Product Purchase Orders. We reserve the right to refuse any product order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per company, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and /or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
7.2 Account Information. You agree to provide current, complete, and accurate purchase and account information for all rental, service, and product purchases made at ProLingo.com. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
8.2 No Liability. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
8.3 Voluntary Use. Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
8.4 Future Services. We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
9.1 Third-Party Links. Certain content, products, and services available via our Service may include material from third parties. Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
9.2 No Liability. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER AND CLIENT COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
10.1 User Submissions. If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use, in any medium, any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
10.2 Comments. You agree that your content and comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
USER AND CLIENT PERSONAL INFORMATION
ERRORS, INACCURACIES, AND OMISSIONS
Errors, Inaccuracies, and Omissions. Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Prohibited Uses. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
14.1 No Representations. We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. PL clearly stated warranty policy regarding its products.
14.2 Service Outages. You agree that from time to time we may remove the service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of or inability to use the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
14.3 Disclaimer of Warranty and Limitation of Liability. Except as expressly set forth in the immediately preceding paragraph, Section 14.3, ProLingo and ProLingo.com disclaim all warranties, express or implied, including and without limitation the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. In no case, shall ProLingo.com or ProLingo, Inc. our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
15.1 Indemnification. Users and Clients agree to indemnify, defend and hold harmless ProLingo.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
15.2 Severability. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
15.3 Force Majeure. ProLingo will be not liable for failure or delay to perform obligations under these Terms and Conditions, or under any other agreement or contract related to its Products or Services, which have become practicably impossible because of circumstances beyond its reasonable control. Such circumstances include without limitation Internet failure or interruption, natural disasters or acts of God; acts of terrorism; labor disputes or stoppages; war; government acts or orders; epidemics, pandemics or outbreak of communicable disease; quarantines; national or regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, beyond ProLingo’s reasonable control.
18.1 No Waiver. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
18.2 Interpretation. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
GOVERNING LAW AND VENUE
19.1 Governing Law and Venue. These Terms of Service and any separate agreementswhereby we provide you Products or Services shall be governed by and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions. Each party irrevocably consents to the exclusive jurisdiction of the State of Florida in the county in which the venue is directed therein, in connection with any action to enforce the provisions of a Contract, to recover damages or other relief for breach of contract, including and without limitation non-performance, performance, attempted performance, or the alleged breach of performance. Venue for any legal or equitable action concerning these Terms of Service any separate agreements we whereby we provide you Products or Services shall be in Orange County, Florida. Each party irrevocably agrees that venue in the court set forth in this provision would be proper and hereby waives any objection that such court is an improper or inconvenient forum.
CHANGES TO TERMS AND CONDITIONS
20.1 Current Terms. You can review the most current version of the Terms and Conditions at any time on this page.
20.2 Changes. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website at any time. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Contact Information. Questions about the Terms of Service should be sent to us at firstname.lastname@example.org or at 800.287.9755.
We recently acquired the service of ProLingo for our multinational medical based technology conference. This was our first multinational conference and the event went flawless thanks to the impeccable service form the ProLingo staff.
- R. Sanchez, San Diego