Acceptance of Terms and Conditions
By accessing Procore, you affirm that you are able and legally competent to accept and agree to the following Terms and Conditions (“Terms”). The Terms constitute an agreement between Procore and you. If you do not agree to these Terms, do not use our Site.
Disclaimer of Content
THE MATERIAL ON OUR SITE ARE PROVIDED “AS IS”. YOU ASSUME THE ENTIRE RISK OF LOSS IN USING OUR SITE AND THE MATERIALS CONTAINED IN OUR SITE. PROCORE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON OUR SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITE LINKED TO OUR SITE. FEATURES AND SPECIFICATIONS OF PRODUCTS OR SERVICES DESCRIBED OR DEPICTED ON OUR SITE ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE.
The trademarks, service marks and logos displayed on our Site ("Trademark(s)") are registered and unregistered trademarks of Procore, its affiliates, or third parties. Nothing contained on our Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without the express written permission of Procore or the applicable third party. Any unauthorized use of our Trademarks may violate trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
Copyright Notice and Limitation on Use
All material on our Site, including the selection, arrangement and design of our Site is owned by Procore and is protected by copyright and other intellectual property laws including the sui generis rights relating to the protection of databases. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from our Site, in whole or in part, including any code and software. No use of the material on our Site may be made without the express written permission of Procore. Any unauthorized use of the material on our Site may violate copyright laws, the laws of privacy and publicity, and civil and criminal statutes.
Take Down Notice and Procedures
Pursuant to the Digital Millennium Copyright Act of 1998 ("DMCA") 17 U.S.C. § 512(c)(1)(A), if you believe any materials accessible on our Site infringe your copyright, you may request removal of those materials (or access thereto) from our Site by providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material and any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and e-mail address.
- A statement that you have a good faith belief that the complained of use of the material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Significant failure to follow these guidelines may result in inadequate notice of the copyright infringement alleged under 17 U.S.C. § 512(c)(3)(B).
Right to Change Terms
Procore reserves the right to update or modify the Terms at any time without prior notice. Your use of our Site after the Terms have been updated shall be deemed to constitute acceptance by you of any modifications, additions or deletions to the Terms caused by such update.
Links to Other Sites
Our Site may contain hyperlinks to third party-owned websites as a courtesy to you. Procore has no control over any third party-owned websites or content referenced, accessed by or available to through our Site. Procore does not endorse, sponsor, recommend or otherwise accept any responsibility for any third party websites, their content or the availability of any third party websites. IN PARTICULAR, WE DO NOT ACCEPT ANY LIABILITY ARISING OUT OF ANY ALLEGATION THAT ANY THIRD PARTY-OWNED CONTENT (WHETHER PUBLISHED ON THIS, OR ANY OTHER, WEB SITE) INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ANY LIABILITY ARISING OUT OF ANY INFORMATION OR OPINION CONTAINED ON SUCH THIRD PARTY WEB SITE OR CONTENT. If you choose to link to third party websites from Procore’s Site, please consult the policy statements and the terms and conditions of each third party website you visit.
These Terms shall all be governed and construed in accordance with the laws of the State of New Jersey applicable to agreements made and to be performed in the State of New Jersey. You agree that any legal action or proceeding between Procore and you for any purpose concerning these Terms or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of New Jersey. Procore’s failure to insist upon, or enforce strict performance of, any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms. Procore may assign its rights and duties under these Terms to any party at any time without notice to you. All provisions of the Terms pertaining to indemnification, disclaimer or warranties, limitation of liability and proprietary rights shall survive the termination of the Terms for any reason.
Disclaimer of Liability
PROCORE MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATIONS OF RIGHTS.
IN NO EVENT WILL PROCORE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OR RELIANCE ON OUR SITE, ANY WEBSITES LINKED TO OUR SITE, OR THE INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES AT THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM OUR SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
PROCORE DOES NOT WARRANT THAT THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING OF MATERIAL) PROVIDED BY OUR SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS OR THAT OUR SITE, OR THE SERVER(S) THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
You agree to defend, indemnify, and hold Procore and its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities, losses and settlements including without limitation, reasonable legal and accounting fees, resulting from your violation of the Terms.
If any provision of the Terms is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of the Terms shall remain in full force and effect. The parties further agree to replace such invalid or unenforceable provision of the Terms with a valid and enforceable provision that will achieve, to the extent possible, the economic, business, and other purposes of such invalid or unenforceable provision.
Scope of Services
You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of our Site and all charges related thereto. We may alter, suspend, or discontinue our Site in whole or in part, at any time and for any reason, without notice. Our Site may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
The Availability of the Site and International Users
Our Site are administered by Procore from Hamilton, NJ in the United States. Our Site and their content are designed to comply with United States laws and regulations and are intended for use by United States residents only. Access to our Site may not be legal by certain persons or in certain countries outside of the United States. If you access our Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Materials published on our Site may refer to products or services that are not available in your country. Procore makes no representation that the materials on our Site are available for use at other locations outside of the United States.
Some of the functions of our Site may require creation of an account with us. As part of the registration process, visitors will select a User Name and Password, along with registration information, which must be accurate and updated. You may not select or use a User Name of another person with the intent to impersonate that person or use a User Name in which another person has rights without such person's authorization. Failure to comply with the above shall constitute a breach of the Terms, which may result in immediate termination of your account. You agree to take reasonable measures to protect the security of your password.
You are responsible for all usage or activity on your account, including use of the account by any third party authorized by you to use your User Name and Password. You shall notify Procore of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or any other relevant registration details provided.
The Terms constitute the entire agreement between you and Procore with respect to your use of our Site.