Terms Of Service
Updated: August 18, 2015Introduction
These Terms of Service (“Agreement”) are an agreement between you (“Consumer,” “Applicant,” “you,” or “your”) and Progow Corp. (“Progow,” “we,” “us,” or “our”). By using Progow’s services, products, or platform you agree that you are at least 18 years old, legally able to enter into a contract, and have read and consented to this agreement.
Progow reserves the right to amend this Agreement at any time, without notice, effective immediately at the time of publication. Any continued use of Progow after modification will act as your acceptance of the modified Terms of Service.
PROGOW IS IN BETA TESTING MODE ONLY. BY CONTINUING TO ENGAGE WITH PROGOW OR ITS SERVICES, PRODUCTS, PLATFORM, OR WEBSITE, YOU ARE AGREEING TO THE TERMS OF THIS AGREEMENT. IF YOU HAVE ANY QUESTIONS OR CONCERNS REGARDING ANY TERM(S), PLEASE CEASE USE IMMEDIATELY AND CONTACT PROGOW BEFORE PROCEEDING. FURTHER, BY CONTINUING TO ENGAGE, YOU AGREE TO COMPLY, WITHOUT LIMITATION, WITH ALL RELEVANT REQUIREMENTS UNDER THE FCRA AND OTHER APPLICABLE FEDERAL, STATE AND LOCAL LAWS.Description of the Service
Progow is a platform that allows Applicants (“Consumers”) to verify, store, and share their professional history. Hiring Employers (“Users”), in exchange for payment, can review this consumer information in a standardized template of their choosing in order to enhance the efficiency and outcomes of the hiring process.Fair Credit Reporting Act (15 U.S.C. § 1681)
Progow is a consumer reporting agency (“CRA”) providing consumer reports for employment purposes as defined by the Fair Credit Reporting Action (“FCRA,” 15 U.S.C. § 1681). As such, and by engaging with Progow’s services you are considered a “Consumer” regarding such consumer reports (“Fact Sheet(s)”) under the FCRA, and any additional federal, state, or local laws.For Beta Testing Only
Progow is currently active in a limited capacity for the purpose of testing its technology and platform (“Beta Test”). This Beta Test is strictly voluntary. You agree to cease use of Progow immediately and contact the posting employer/User if you do not wish to take part in this Beta Test.
Progow intends to verify the resume information you provide to test its verification process, and to provide the results of its verification process to requesting Users, upon your consent. As such, Progow may contact your past or present educator(s), past employer(s), and/or past or present certification program(s) and identified organizations. At the time of verification, these institutions may edit, verify, reject, or dispute the information contained within your resume.
Progow agrees to provide you with details of the verification process, including by whom and when the information was verified, and the outcome. You have the right and duty to dispute any inaccuracies, perceived or true.Account Creation
You are able to create a Progow account in one of two ways: 1) pursuant to an employer (“User”) request; or 2) of your own accord. Regardless of the method by which you come to Progow, you agree to provide the requested information at the time of account creation, which may include (but is not limited to) names (including maiden), dates used, e-mail address, home address, and birthdate. If you are unwilling or unable to provide the information requested at the time of account creation, please contact Progow immediately.
After account creation, Progow will store any information you provide or is obtained while compiling your Fact Sheet in accordance with law.
Progow reserves the right to terminate your account at any time, with or without notice, for any reason. Use of Progow by unauthorized users or by any Applicant for non-legitimate purposes is strictly prohibited. You agree not to share or distribute your account credentials with any third party at any time.Verifications
Verification of Applicant information shall be presented on Fact Sheet(s) with a variety of proprietary symbols. If you have any questions or concerns about the meaning of a verification symbol, you agree to immediately contact Progow for clarification.Payment
Progow is currently offered free of charge to all Consumers or Applicants.Future Payment
Upon completion of the Beta Test, Progow may at some point opt to modify its payment structure, such that certain features may be provided in exchange for payment only. Specific payment terms will be at Progow’s sole discretion, will be optional, and will be clearly communicated to the Applicant. Such change will not alter any other material term or condition of this agreement.
Should Progow add paid features, payment prices will not include applicable tax, which Applicant will be billed and is responsible for. Progow may use a third party to process payments. If Progow opts to do so, all terms of payment will be dictated by that third party and it is Applicant’s responsibility to read and understand the third party’s terms of service. Any future failure to pay by Applicant will result in the loss of access to, and use of, Progow’s services, products, and platform. In addition, Progow may charge the maximum interest permitted by law on all overdue fees until paid in full.
If at any point in the future, you believe you have been incorrectly billed, you agree to contact Progow in writing within 30 days of receiving notice (electronic or otherwise). Failure to notify Progow of disputed charges will result in Applicant responsibility for related collection or attorney fees.Your Relationship with Progow
Progow is designed to assist in the job application process. Progow is not a legal service and cannot offer advice about employment or any other matter. If you have any question or concern about the information contained within your Fact Sheet, you have the right and duty to contact Progow and dispute any information you believe to be incomplete or inaccurate.
You can find out more about disputes here.Restrictions
In creating a Progow account and continuing to use its services, products, platform, or website, you agreenot to:
- Misrepresent your identity or your purpose for using Progow;
- Intentionally or unintentionally use Progow in any way to violate any law, statute, ordinance, or regulation at the federal, state, or local level;
- Rely on Progow for legal or compliance advice or guidance (Progow cannot and will not render any legal advice whatsoever);
- Interfere with any third party’s use or enjoyment of Progow;
- Attempt to upload or transmit harmful or destructive files or code through Progow.
Upon Agreement and successful creation of an account, Progow grants you a non-exclusive, limited, non-transferable, revocable license to its products and services. This right allows you to retain access to electronic and physical copies of your Fact Sheet(s), for your records.
The termination or expiration of the license will not affect any portion of this Agreement which by its nature survives such termination or expiration.Ownership
Progow owns or maintains with permission the rights to any and all text, content, logos, branding, trademarks, artwork, photography, copyrights, designs, music, videos, voiceovers, and other intellectual property appearing on or used in connection with Progow’s website and services. All such materials are protected under the applicable federal and state laws and may not be reproduced, modified, or used for derivative works of any kind. Further, unless otherwise authorized, you may not sell, license, distribute, copy, edit, or otherwise change any of Progow’s products or services. Tampering with Progow’s security features is prohibited.Copyrights and Trademarks
Progow is located and intended for use within the United States only. Access of Progow’s website or services from any location outside of the United States is prohibited.Warranty and Disclaimer
Fact Sheets created and stored by Progow are an aggregation of facts verified through proprietary means. Progow does not independently assess any information obtained and cannot warrant the accuracy or completeness of such information.
PROGOW DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.Limitation of Liability
In using Progow’s products and services, you do so at your own risk and waive any and all potential claims against Progow, its officers, advisors, agents, employees, or affiliates related in any way to Progow, its services, products or platform. Progow disclaims all liability for any loss, injury, or damage relating to your use of its services, products, or platform. Progow specifically disclaims those losses, injuries, or damages which result from any omission, website malfunction, or data loss by Progow.
Under the FCRA and except as provided in sections 616 and 617 [§ 1681N and 1681o], no Consumer may bring any action or proceeding in the nature of defamation, invasion of privacy, or negligence with respect to the reporting of information against Progow, any User of information, or any person who furnishes information to Progow, based on information disclosed pursuant to section 609, 610, or 615 [§§1681g, 1681h, or 1681m] or based on information disclosed by a User of a consumer report to or for a Consumer against whom the user has taken adverse action, based in whole or in part on the report, except as to false information furnished with malice or willful intent to injure such consumer.
PROGOW, ITS OFFICERS, ADVISORS, AGENTS, EMPLOYEES, OR AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY COURT ACTION OR LEGAL DISPUTE RELATED IN ANY WAY TO PROGOW, ITS SERVICES, PRODUCTS, OR PLATFORM. USER WILL BE FULLY LIABLE FOR ANY NON-COMPLIANCE WITH THE FCRA, AND ANY RESULTING DAMAGE TO CONSUMER OR OTHERS.Indemnification
Applicant will indefinitely indemnify, defend, and hold harmless Progow and its officers, advisors, agents, employees, and affiliates from any damages, costs, fees, expenses, or liability arising out of your violation of this Agreement or your failure to comply with relevant federal, state, or local laws.Contacting Progow
If at any time you have any questions, concerns, or feedback for Progow regarding these terms, verification symbols, incorrectly reported information, or any other issue, you may contact Progow at [email protected] or by phone (888) 635-1965. Progow is located at 1115 Broadway 11th Floor New York, New York 10010.Choice of Law, Jurisdiction & Venue
You agree that any disputes with Progow arising from or connected to this Agreement or your use of its services, product, or platform will be governed by applicable federal laws and the laws of the state of New York. Any such dispute shall be brought in the United States District Court for the Southern District of New York, or any other New York court of competent jurisdiction exclusively. New York City will serve as the venue.
THE PARTIES HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT THEY MAY HAVE TO TRIAL BY JURY OF ANY CLAIM OR CAUSE OF ACTION, OR IN ANY LEGAL PROCEEDING, DIRECTLY OR INDIRECTLY BASED UPON OR ARISING OUT OF THIS AGREEMENT.Headings for Convenience Only
Any heading or formatting of this Agreement is for convenience only and is not intended to affect or change the meaning of the Agreement or its terms.Entire Agreement
This Agreement, along with any Exhibits, invoices, sales orders or other purchase-related communication, is the entire agreement between you and Progow. Progow reserves any rights not expressly granted here.Non-Waiver
No waiver by Progow of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Progow to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.Severability
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Service will continue in full force and effect.Consent
Your use of this website or any of Progow’s services or products shall constitute your electronic signature of, and consent to, this Agreement. All Progow documents completed with an electronic signature shall be deemed to have the same legal enforceability as all written and signed agreements.
Further, you agree to receive all further notices and communications by posting on Progow’s website or e-mail to the address associated with your account.