Last updated: September 21, 2019

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the www.prolendo.com website (the "Service") operated by Prolendo ("us", "we", or "our").Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.  

Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on our website or provided in connection with the Services, including, without limitation, the Prolendo name or the Prolendo logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Prolendo Materials") are the proprietary property of Prolendo or our licensors or suppliers and are protected by German copyright laws and other intellectual property rights laws.

Our Service may contain links to third party web sites or services that are not owned or controlled by Prolendo. Prolendo has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Prolendo 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 use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms of service and privacy policies of any third party web sites or services that you visit.

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Except as expressly provided to the contrary in a writing by us, our services are provided on an “As Is” and “As Available” basis. We expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to our services, including the information, content and materials contained therein.

You acknowledge that information you store or transfer through our services may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, protocol changes by third party providers, internet outages, force majeure events or other disasters including third party DDOS attacks, scheduled or unscheduled maintenance, or other causes either within or outside our control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through our services.  

Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumer, so some or all of the disclaimers in this section may not apply to you.

(a) Except as otherwise required by law, in no event shall Prolendo, our directors, members, employees or agents be liable for any special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use or inability to use our services or the Prolendo Materials, including without limitation any damages caused by or resulting from reliance by any user on any information obtained from Prolendo, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from a force majeure event, communications failure, theft, destruction or unauthorized access to Prolendo’s records, programs or services.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to you.

(b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of Prolendo (including our directors, members, employees and agents), whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of, or inability to use, Prolendo or to these terms exceed the fees paid by you to Prolendo during the 12 months immediately preceding the date of any claim giving rise to such liability.

You agree to defend, indemnify and hold harmless Prolendo (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, our Services; (b) any Feedback you provide; (c) your violation of these Terms; or (d) your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.

These Terms shall be governed and construed in accordance with the laws of Berlin, Germany, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with Prolendo for the Services or for any other Prolendo product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with Prolendo, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Prolendo, including by operation of law or in connection with any change of control. Prolendo may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.

Headings of sections are for convenience only and shall not be used to limit or construe such sections.

If you have any questions about these Terms, please contact us at info@prolendo.com