Terms & Conditions | Privacy Policy

First version published on: August 25, 2022
Version Date: August 25, 2022

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Be sure to return to this page periodically to review the most current version of the Terms. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Terms without prior notice, and your continued access to or use of the Services signifies your acceptance of the updated or modified Terms.

We retain the right at our sole discretion to deny access to anyone to the Services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms.

As a condition of using 50Pros.com (“Service” or “Website”), 50Pros makes available through its 50Pros.com website (“Website”) or otherwise, the user (“User”) agrees to the terms and conditions of this Agreement (as amended from time to time, this “Agreement”). 50Pros reserves the right to amend this Agreement at any time. These modifications become effective once updated on the Website.

The terms “we”, “us”, “our” refer to 50Pros, an Arizona corporation. The term “you”, “users”, “buyers” or “service provides” refers to users who visit the 50Pros website (“Service” or “Website”) and/or contribute content to 50Pros via the Website, email, telephone, or otherwise.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to the Terms. In that case, the terms “you” or “your” shall also refer to such entity, and its affiliates, as applicable. If you do not have such authority, or you do not accept all of these Terms, do not use the Services or provide information to 50Pros.

50Pros includes links to third party websites. You are responsible for evaluating whether you want to access or use a third party site. 50Pros is not responsible for and does not endorse any content, services, products or other materials on or available from third party sites. Accordingly, if you decide to use third party sites you do so at your own risk and your use is on an “as-is” basis. 50Pros 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 your use of or reliance on any linked websites. These Terms do not apply to your use of any third party site. The third-party websites may have their own Terms of Service and Privacy Policy to which you may be bound.

50Pros is an online directory platform for companies “Companies” to discover and identify potential service providers (“Firms”). 50Pros is not a participant in any engagements between any such Firms and/or Clients. Any engagement between you and any counter parties identified through the Service, is at your own risk. 50Pros recommends that Firms and Clients contract through appropriate legal services contracts, as reviewed and approved by respective legal counsel. The Service does not guarantee results and 50Pros will not be liable for any issues arising between Firms and Clients, as such a relationship is a private contract between third parties (e.g., 50Pros is not a party to any such agreements). 50Pros has and will have no formal relationship in any such private contract and 50Pros does not and will not  assume any liabilities, indemnifications, warranties or any other obligations. By using this Service, Vendors and Clients agree that 50Pros will bear no such responsibility as set forth in the previous sentence.

Clients should note that 50Pros does not guarantee or endorse Firms. Firms may only contact prospective clients in regards to the specific requests submitted in the 50Pros project request form. 50Pros does not prefer or endorse the services of any one of the Vendors featured on the platform. 50Pros does not work as a representative of the agencies or Vendors featured on the platform and does not receive any fee in any capacity as a broker, representative, agent or other related party.

Disclaimer

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE PROVIDE THE SERVICES AND ALL INFORMATION CONTAINED THEREIN ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK.

50PROS MAKES NO CLAIMS WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE COMPANIES REVIEWED ON THE SERVICES.  50PROS DOES NOT ENDORSE ANY COMPANY, VENDOR, SERVICE OR PRODUCT DEPICTED IN THE SERVICES AND DOES NOT ADVISE USERS TO SELECT ANY PARTICULAR COMPANY ON THE BASIS OF ITS REVIEWS OR RATINGS. REVIEWS ON THE SERVICES CONSIST OF THE OPINIONS OF THE REVIEWERS AND SHOULD NOT BE CONSTRUED AS STATEMENTS OF FACT. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS OF QUALITY, ACCURACY, OR RELIABILITY OF USER CONTENT. YOUR PURCHASE OR USE OF, AND THE QUALITY AND PERFORMANCE OF, ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES REVIEWED ON THE SERVICES IS AT YOUR OWN DISCRETION AND RISK.

50PROS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. THE SERVICES MAY INCLUDE INACCURACIES OR ERRORS. 50PROS DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES IN THE SERVICES OR IN THE INFORMATION IN OR DESCRIPTION OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, COMPANY PROFILES, PORTFOLIO IMAGES AND DESCRIPTIONS, REVIEWS, DIRECTORY AND RESEARCH DATA, ETC.). 50PROS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SERVICES OR ANY INFORMATION CONTAINED THEREIN FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY INFORMATION ABOUT A PRODUCT OR SERVICE OR COMPANY OTHER THAN 50PROS  DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY 50PROS.

IF YOU ARE DISSATISFIED OR HARMED BY 50PROS OR ANYTHING RELATED TO 50PROS, YOU MAY CLOSE YOUR 50PROS ACCOUNT, STOP USING THE SERVICES, AND TERMINATE THESE TERMS AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

50PROS DOES NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. 50PROS DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, 50PROS DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL 50PROS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR PERSONAL INJURY, PROPERTY DAMAGE, ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER OR DEVICE FAILURE OR MALFUNCTION, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF 50PROS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATING TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, INCLUDING WITH RESPECT TO ANY BUYER ALERT NOTIFICATION POSTED ON THE SERVICES), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES GIVING RISE TO SUCH CLAIM IN THE CALENDAR YEAR IN WHICH SUCH CLAIM AROSE. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold 50Pros harmless from and against any and all third-party claims, liabilities, demands, settlements, damages, losses, and expenses of any kind (including, but not limited to, reasonable attorneys’ fees and costs) arising out or relating in any way to (1) your failure to comply with these Terms, including, without limitation, your submission of User Content or (2) your use of the Services or any activity in which you engage on or through 50Pros.

Choice of Law and Mandatory Binding Arbitration

These Terms or any claim, cause of action or dispute (“claim”) arising out of or related to the Terms shall be governed by the laws of the District of Columbia regardless of your country of origin or where you access 50Pros, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and 50Pros agree that all claims arising out of or related to these Terms must be resolved exclusively by a state or federal court located in the District of Columbia, except as otherwise agreed by the parties.

Except as prohibited by Law, any dispute under these Terms shall be resolved in Washington D.C., by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Nothing in this arbitration provision is intended to prevent either party from filing charges with state or federal agencies. You agree that such arbitration shall be conducted on an individual basis only, not a class, collective or representative basis, and you waive any right to bring class-wide, collective or representative claims before any arbitrator or in any forum. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATE DISPUTES YOU ARE WAIVING ANY RIGHT YOU MIGHT OTHERWISE HAVE TO A JURY TRIAL. This arbitration provision is not intended to modify or limit the right of either party to seek equitable relief, such as an injunction or attachment, through judicial process, which will not be deemed a waiver of the right to demand and obtain arbitration. In the event of any dispute between us concerning the terms and provisions of these Terms, the party prevailing in such dispute shall be entitled to collect from the other party all costs incurred in such dispute, including reasonable attorneys fees.

Except as otherwise specified in this Agreement, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by email (provided email shall not be sufficient for notices of termination or an indemnification claim). Notices to you shall be addressed to the system administrator designated by you for your relevant Services account, and in the case of billing-related notices, to the relevant billing contact designated by you.

Notices should be addressed via our Contact Us page.

Entire Agreement & Severability

You agree that these Terms constitute the entire, complete and exclusive agreement between you and 50Pros regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms.

If any provision of the Terms is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected in any way.

Waiver of Rights and Injunction

Our failure to act with respect to a breach of the Terms by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Terms, no representations, statements, consents, waivers or other acts or omissions shall be deemed legally binding unless documented in a physical writing hand signed by a duly appointed officer of 50Pros.

In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.

Assignment of Rights

You may not assign or delegate any rights or obligations under the Terms. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Terms, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, 50Pros for any third party that assumes our rights and obligations under the Terms.

NO GUARANTEE OF RESULTS AND DISCLAIMER OF WARRANTIES AND LIABILITIES. 50PROS MAKES NO REPRESENTATION, WARRANTY OR GUARANTY TO REGISTRANT WHATSOEVER CONCERNING THE RESULTS OF ANY KIND, IF ANY, THAT REGISTRANT MAY EXPECT OR EXPERIENCE BY PARTICIPATING IN OR USING THE SERVICE. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE OR THAT THE WEBSITE WILL PROVIDE UNINTERRUPTED, TIMELY OR ERROR-FREE SERVICE. REGISTRANT AGREES AND ACKNOWLEDGES THAT 50PROS AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF 50PROS IS AWARE OF THE RISK OR SUCH DAMAGES, THAT RESULT IN ANY WAY FROM THE REGISTRANT’S USE OR INABILITY TO USE THE SERVICE, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, THE CONTENTS OF ANY WEB PAGES OR WEB SITES, LOSS OF DATA, COMPUTER VIRUSES, COMMUNICATION LINE FAILURE, DESTRUCTION OR UNAUTHORIZED USE OR ACCESS TO ANY WEB SITES OR RECORDS OR INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION TO REGISTRANT OR ANY FAILURE OF PERFORMANCE OF ANY KIND WHATSOEVER OF 50PROS OR THE SERVICE. 50PROS’S LIABILITY TO REGISTRANT SHALL NOT, FOR ANY REASON, EXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE BY REGISTRANT TO 50PROS OVER THE COURSE OF THE ONE-YEAR PERIOD IMMEDIATELY PRECEDING THE ACCRUAL OF THE REGISTRANT’S CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES; SO IN THOSE CASES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

20. Assignment of Service. Registrant agrees not to resell or assign or otherwise transfer its rights or obligations under this Agreement without the express written authorization of 50PROS provided, however, that Registrant may, without the written consent of 50PROS, assign this Agreement and its rights and delegate its obligations hereunder in connection with the transfer or sale of all or substantially all of its business related to this Agreement, or in the event of its merger, consolidation, change in control or similar transaction. Any permitted assignee shall assume all assigned obligations of its assignor under this Agreement. Any purported assignment in violation of this section shall be void and of no effect.

Force Majeure
Neither party shall be liable to the other for any delay or failure in performance under this Agreement resulting directly or indirectly from acts of nature or causes beyond its reasonable control.

Any notices or communications under this Agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the email address specified below. If to 50Pros, such notices shall be addressed to: hello@50Pros.com

Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous proposals, both oral and written, negotiations, representations, writings and all other communications between the parties.

General
This Agreement and the relationship between Registrant and 50Pros shall be governed by the laws of the state of Texas without regard to its conflict of law provisions. On all disputes, Registrant agrees to submit to the personal and exclusive jurisdiction in the state of Texas, county of Travis. 50Pros’s failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and agree that the other provisions of the Agreement remain in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.