This Procore website, including all of its features, content, and services (this "Website") is a service made available by Procore Technologies, Inc. ("Procore"). You may access and utilize this Website only under the following terms and conditions ("Terms of Service").
As a user of this Website you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Website in accordance with these Terms of Service. Procore may terminate this license at any time for any reason.
Except as expressly provided in these Terms of Service, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that this Website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Procore, the Procore logo, the CurrentSet by Procore logo, and all other Procore trademarks, service marks, product names, and trade names of Procore appearing on or in conjunction with this Website are owned by Procore. Procore does not grant you the right to use or display any trademark, service mark, product name, trade name or logo appearing on this Website without Procore's prior written consent.
You may provide links to this Website, provided (i) you do not remove or obscure, by framing or otherwise, any portion of the web pages, the Terms of Service, or any notices on this Website and (ii) you discontinue providing links to this Website if requested by Procore.
By posting, publishing, uploading, or distributing any data, information, text, graphics, links, messages, reviews, content, or other materials for use on this Website, you grant (or warrant that the owner of such rights has expressly granted) Procore a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with the right to sublicense, to use, modify, reproduce, publish, adapt, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute such postings or incorporate such postings into any form, medium, or technology now known or later developed. You agree that you shall have no recourse against Procore for any alleged or actual infringement or misappropriation of any proprietary right in postings you provide to Procore.
It is Procore's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the "DMCA"). For more information about Procore's DMCA procedures, please see our "Copyright Policy." Your acceptance of these Terms and Conditions is also your consent to the copyright practices described in our Copyright Policy. Procore may terminate any user's access to the Website if Procore determines that user is a "repeat infringer."
You are an independent third party to this Website, and nothing in this Agreement will create or represent that there is any partnership, joint venture, agency, franchise, sales relationship, or employment relationship between you and Procore.
You shall not distribute on or through this Website any postings or presentations of data containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization.
Certain sections of this Website may require you to register. If registration is requested, you agree to provide accurate and complete registration information. It is your responsibility to inform Procore of any changes to that information. You understand that by registering with this Website, you may receive regular updates regarding new or existing Procore applications. You may request to unsubscribe by following the directions in such updates and Procore will permanently remove you from Procore's registered list of subscribers.
If you participate in interactive areas on this Website, you shall not post, publish, upload or distribute any postings which are unlawful or abusive in any way. Procore may delete your postings at any time for any reason without notification of or permission from you, however, Procore has no obligation to monitor or screen postings and is not responsible for the content in such postings or any content linked to or from such postings. But Procore does reserve the right, in its sole discretion, to monitor interactive areas, screen postings, edit postings, cause postings not to be posted, published, uploaded or distributed, and remove postings, at any time and for any or no reason without notification of or permission from you.
Procore does not represent or warrant that this Website will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Procore does not warrant or represent that postings or information available on or through this Website will be correct, accurate, timely, or otherwise reliable. Procore may make improvements and/or changes to its features or functionality at any time.
THIS WEBSITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. PROCORE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROCORE DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY PLATFORMS, WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THIS WEBSITE (E) YOUR USE OF THIS WEBSITE AND (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEBSITE.
PROCORE SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEBSITE, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA, OR ANY THIRD PARTY COMMUNICATIONS. PROCORE SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE, THE INTERACTIVE AREAS, OR ANY THIRD PARTY COMMUNICATIONS.
You agree to indemnify, defend and hold Procore, its officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service by you or arising from or related to any postings submitted by you.
These Terms of Service are to be governed by and construed in accordance with the internal laws of the State of California, without regard for principles of conflicts of laws. Any action, claim, dispute or proceeding arising out of or relating to these Terms of Service shall be brought exclusively in the state and federal courts sitting in Santa Barbara County, California.
Procore takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
DMCA Notices may be sent to our designated Copyright Agent at:
Procore Technologies, Inc.
6309 Carpinteria Avenue
Carpinteria, CA 93013
If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
In appropriate circumstances, Procore will disable and/or terminate the accounts of users who are repeat infringers.