ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE BELOW, EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND PRO-FORMA AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND PRO-FORMA WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEAST 21 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
Pro-Forma provides an intuitive, comprehensive startup financial modeling and business planning tool to individuals and companies. Pro-Forma hosts its software as a backend SaaS service for customers. The Site includes detailed financial calculations and reports generated by your input. Pro-Forma and its family of products is not a CPA firm or an investment advisory firm and is not engaged in the practice of public accounting or investment management. No information contained herein or obtained from Pro-Forma should be considered as financial, investment, accounting or tax advice, nor should it be considered a substitute for such advice.
Limited Permission to Download and Use:
Pro-Forma grants you a limited, personal, non-exclusive, non-transferable license to use our Products or Services for your business planning use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Products or Services in any manner. You shall not remove any copyright or patent-related notice from any document or reproduction.
Member Account, Password, and Security:
You will either create or be assigned an account (including a user name and password) during the registration process. You are responsible for maintaining the confidentiality of the password and are responsible for all activities that occur under your account. You agree to (a) provide accurate, current, and complete information about you when registering your account and update that information as necessary, (b) maintain the security of your password and identification; (c) immediately notify firstname.lastname@example.org of any unauthorized use of your password or account, or any other breach of security, and (d) ensure that you log out from your account at the end of each session. Pro-Forma will not be liable for any loss or damage arising from your failure to comply with this section.
Pro-forma agrees to regard and preserve as confidential all your propriety information related to your business plan (“Confidential Information”) that you’ve entered into the Site and Pro-Forma agrees to hold Confidential Information in confidence for you and not to disclose Confidential Information to any person, firm or enterprise, unless specifically authorized by You for a period of two years following the termination of your subscription. Information will not be considered Confidential Information to the extent that such information is (i) currently in the possession of Pro-Forma; (ii) already known to be free of any restriction at the time it is submitted to the Site; (iii) learned from any independent third party free of any restriction; or (iv) available publicly through no fault of Pro-Forma.
Payment and Refunds
If you purchase a paid subscription to Pro-Forma, you will be required to provide a valid credit card, which will only stored by our secure third-party payment gateway and used for automated monthly billing.
Cancellation and Termination
You are solely responsible for properly canceling your account. Send an email request to email@example.com or if available you may cancel via your customer account profile. All of your electronic files will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
- If you cancel the Service before the end of your current paid up period, your cancellation will take effect at the end of said period.
- Pro-Forma in its sole discretion has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account.
Dispute Resolution by Binding Arbitration
- Pro-Forma and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory
- claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising and intellectual property)
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class and
- claims that may arise after the termination of these Terms.
- A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party in accordance with the rules of the American Arbitration Association in Dallas, Texas (where arbitration that is agreed upon will occur). A Notice to Pro-Forma should be addressed to Pro Forma Holdings, LLC, 950 E. State Hwy 114, Suite 160, Southlake, Texas 76092 (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If Pro-Forma and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Pro-Forma may commence an arbitration proceeding.
- The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement including, but not limited to, any claim that all or any part of this Agreement is void or voidable. If this specific proviso is found to be unenforceable, it is severable from the rest of the arbitration agreement.
Rights and Responsibilities of Pro-Forma
Although we cannot make an absolute guarantee of system security, Pro-Forma takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email at firstname.lastname@example.org for help.
If Pro-Forma’s technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, Pro-Forma reserves the right to delete those files or to stop those processes. If the Pro-Forma technical staff suspects a user name is being used by someone who is not authorized by the proper user, Pro-Forma may temporarily disable that user’s access in order to preserve system security. In all such cases, Pro-Forma will contact the member as soon as feasible.
Pro-Forma reserves the right to refuse service to anyone and to cancel user access at any time for any reason or for no reason.
Rights and Responsibilities of the Users of Pro-Forma
You are legally and ethically responsible for any User Content that you transmit using the Pro-Forma service that allows interaction or dissemination of information. In transmitting User Content, you agree that you will not submit any content:
- that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti discrimination, or false advertising);
- that contains any computer virus, worms, or other potentially damaging computer programs or files; and
THE SITE, APPLICATIONS, AND ALL SERVICES AND PRODUCTS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, PRO-FORMA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
PRO-FORMA MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE SERVICES AND PRODUCTS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE SERVICES AND PRODUCTS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY SERVICES AND PRODUCTS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE SERVICES AND PRODUCTS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY SERVICES AND PRODUCTS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. Pro-Forma SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, ERRORS, VIRUSES, OR DELAYS IN OPERATION THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, SERVICES, INFORMATION OR SOFTWARE.
LIMITATION OF LIABILITY AND INDEMNIFICATION
Compliance with Intellectual Property Laws
When accessing, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and Products and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third-party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any content you provide or transmit or that is provided or transmitted using your Pro-Forma user account. All Site design, text, graphics, pictures, information, data, software, sound files, and the selection and arrangement thereof, Copyright © Pro Forma Holdings, LLC. ALL RIGHTS RESERVED. Pro-Forma, pro-forma.com, logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Pro Forma Holdings, LLC. All other trademarks, product or service names and company names or logos cited herein are the property of their respective owners.
No persons under the age of 21 are eligible to use the Site or Applications and we ask that they do not submit any personal information to us.
Governing Law; Venue
BY USING THE SERVICES AND PRODUCTS OF Pro-Forma OR ACCESSING THE Pro-Forma SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER AND EMAIL ADDRESS TO PRO-FORMA VIA THE PRO-FORMA WEBSITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO PRO-FORMA AND THAT PRO-FORMA OR ITS AFFILIATES MAY CONTACT YOU AT THE NUMBER OR EMAIL SUBMITTED EVEN IF SUCH CONTACT INFORMATION APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).