Thank you for using ProMatcher.com
THE FOLLOWING DESCRIBES THE TERMS ON WHICH VENTURESTREET, LLC OFFERS YOU ACCESS TO OUR WEBSITE, SYSTEM, AND SERVICES:
We may amend this Agreement at any time or times by posting the amended terms on our website. All amended terms shall automatically be effective to existing users 30 days after they are initially posted on our website, and effective immediately to users accessing or registering after amendments are posted. This Agreement is effective for all users of our System.
VentureStreet, LLC (herein referred to as "ProMatcher") is the owner of the ProMatcher Network (formerly the VentureStreet Network) and its associated websites, including www.VentureStreet.com and www.ProMatcher.com.
We provide the Users of our system a variety of resources including, but not limited to, a networking system that helps business professionals meet with other professionals, a system that facilitates the organization of business networking groups, a system that submits service requests from Consumers to Members, a system that posts and displays videos and articles, and a variety of other consumer related information systems. We refer to this collection of systems and services as The ProMatcher Network (herein referred to as our "System").
The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.
» Basic Use of Our System
- You agree to be nice.
- You understand that you are a "User" of our system. Users of our system are also referred to as "Consumers" and "Members". Users who have a ProMatcher account are referred to as "Members" and users who visit ProMatcher to consume information and submit requests for information are referred to as "Consumers". An individual User can be both a Member and a Consumer.
- You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our System.
- As a Member, you understand that the intent of ProMatcher is to participate in a community with other business professionals. This participation requires information (contact information, business profile information, etc.) to be passed to and between Users of the system. Although we do provide some opportunities to limit contact with other Users, you understand your profile information will be shared with other Users of the system. So when providing information such as email addresses, phone numbers, or physical addresses, please do so with the understanding that your information will be shared.
- As a Consumer, you understand that our system allows you to submit and request information. As part of this information request, the information you submit may be transmitted to Members or Affiliated Network Partners so that they can respond to your request. We do not guarantee a response to your submission or request.
- You understand that when you ask to no longer participate or ask to be removed from our system that we deactivate your account so that consumers and members are no longer able to see your information in our system. We do not delete your information or account from our system.
- You understand that ProMatcher reserves the right to disable the account of any User, at any time, for any reason.
- You understand that ProMatcher reserves the right to remove any or all information from the account of any User, at any time, for any reason.
- You understand that in an effort to provide quality information to consumers, ProMatcher may modify your profile by adding or removing specialties, making grammatical changes, and correcting capitalization.
- You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the System will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
» Code of Conduct
You agree to not use the system:
- To intimidate, 'stalk', or otherwise harass another;
- For any purpose in violation of local, state, national, or international laws;
- To impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity, or use or attempt to use another's account;
- To harvest or collect email addresses or other contact information of from our System by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- In any unlawful manner or in any other manner that could damage, disable, overburden or impair the System, including but not limited to inserting viruses and computer code;
- To use automated scripts to collect information from or otherwise interact with the System;
- To upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- To register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
- To upload or display trademarks, photos, logos, videos, graphical materials, articles, or any other content that you do not own or have explicit permission to use;
- To upload, post, transmit, share, store or otherwise make publicly available on the System any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or
- Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of VentureStreet, is objectionable or which restricts or inhibits any other person from
using or enjoying the System, or which may expose VentureStreet or its users to any harm or liability of any type.
- To transmit, post or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
» Our Matching Service
How It Works. One of the functions of our System is to match service and information requests made by Consumers to Members who may be able to meet the needs of the Consumer. Sometimes ProMatcher matches requests to Members in the ProMatcher system and other times it passes the information to third parties (affiliated networks) who match the requests. To provide Consumers options, these requests are often matched to multiple parties.
ProMatcher is not involved in transactions, contracts, or agreements between Consumers, Members, and third party sources. Consequently, ProMatcher cannot ensure that a transaction between parties will occur. Further, if a transaction does occur, VentureStreet has no control over the quality, safety or legality of items, advice, or services sold or rendered between the parties.
For Members who receive requests from interested Consumers, ProMatcher does not guarantee sales or results. A Member may receive any number of requests, clicks, or calls, a day, or may receive zero requests. ProMatcher functions only as an intermediary that provides Consumers and Members with access to the other within an environment that makes it easier for Consumers to engage Members and vice versa.
You agree to assume all responsibility and liability for your use of the System and any transactions or communications you initiate with either a Consumer or a Member...including, but not limited to, claims that may result there from. Moreover, you acknowledge and agree that the System features materials, products, and services provided by third parties and persons. ProMatcher makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct
sequencing of such third party materials, products, and services or any other materials, products, and services which such third party materials, products and services may access. ProMatcher expressly disclaims responsibility and liability for all third party provided
materials, products, and services accessed through the System.
Members & Consumers Not Screened. ProMatcher does not pre-screen Members or Consumers. We encourage Consumers and Members to use due diligence when hiring or working with any professional located through our System. If the System indicates to a Consumer that a match will be pre-screened, that is an indication that the Consumer is being matched to a third-party (one of our Affiliate Network Partners) that has a pre-screening process. In such a case, the third-party is responsible for the definition of pre-screened.
Information Provided to ProMatcher. When using the System, you will be prompted to disclose certain information about yourself and your service requirements. Some of
this information will be sent to Members or an Affiliate Network Partner who will need this information to respond to you or to other persons or entities in connection with our business.
By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us, our Members, and our Affiliated Partner Networks via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your request or for other purposes reasonably related to your service request and our business, including marketing related emails.
You agree that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or
ProMatcher has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ProMatcher has the right to refuse any current or future use of
the System (or any portion thereof) by you. ProMatcher also reserves the right to remove the request from circulation in our System.
» Articles, Videos and Other Public Content
For people reading and viewing articles:
ProMatcher does not endorse or recommend information posted on our site by Members. The views expressed in articles, videos, profiles, and other posted information published on ProMatcher are those of the authors alone. They do not represent the views or opinions of ProMatcher.com or its staff.
ProMatcher assumes no specific or implied liability in the interpretation, use, misuse of or subsequent communication of editorial content contained within our website. The articles on
this site do not constitute a recommendation or endorsement with respect to any views, company, or product. ProMatcher makes no representations and specifically disclaims all warranties,
express, implied or statutory, regarding the accuracy, timeliness, completeness, merchantability or fitness for any particular purpose of any material contained in this site. You should seek the advice of a professional regarding your particular situation.
If you wish to re-print articles from ProMatcher, please contact the author. If you feel that content posted by a Member infringes upon your intellectual rights, please contact the Member immediately.
For people submitting articles, videos and content:
- You declare that you are the sole owner and author of the content and own 100% of all copyrights pertaining to it or have an exclusive right to use the content.
- By submitting your article, you provide ProMatcher unconditional permission to publish and promote your article. You agree that the purpose of submitting your article is so that it will be read and re-printed by others.
- ProMatcher is not responsible for enforcing your copyright. If someone infringes on your copyright, it is your sole responsibility to protect your interests, including legal action and costs. Do not submit articles if you do not agree to this provision.
- We reserve the right to re-categorize your article after you submit it. We also reserve the right to edit your article to conform to our editorial guidelines. You always have the right to delete or pause an article on our site.
- ProMatcher reserves the sole right to publish or remove your article. We may remove articles at any time and for any reason.
- We do not guarantee that your article will be viewed by anyone.
- You agree that it is ok for us to publish advertisements on the same page as your article (within and around your article) and to place hyperlinks on words within your articles.
» REGISTRATION & MEMBER ACCOUNTS
Not all registrations will be accepted and we reserve the sole right to deny, revoke, suspend your Memeber status at any time and for any reason. By registering to use our System, you represent and warrant that you are at least 18 years of age, that you are who you say you are, that you are in the profession you say you are in, and that you have permission to promote the company, products, or services you include in your account.
Acceptance into ProMatcher is NEVER based on race, gender, religion, family status, gender preference, or any protected class.
Password and Security
During the registration process you will create a password that will enable you to access our System. You agree to maintain the confidentiality of your password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that ProMatcher cannot and will not be liable for any loss or damage arising from your failure to protect your password.
Fees and Payments
- ProMatcher does not charge a fee for having an account. If you see reference to fees and payments then those fees and payments are being requested by Members using our system or by other third-parties. Responsibility for payment is soly between you and the third-party.
Cancellation of Membership
- You may cancel your membership at anytime by going to your account settings and deactivating your account. Deactivating your account will not delete the information in your account. It will only remove your information from public view.
You are provided the opportunity to post a profile in the System. You may activate or pause this feature. Activating this feature will make Your Public Information available to anyone using the System. You agree to be truthful in providing accurate information in your profiles and should only select specialties in which you actively work. Profiles found to be misleading or inaccurate may be removed from our system. We also reserve the right to remove specific specialties from your profile.
We may also use your profile information (company name, address, phone number, etc.) to promote your business and ProMatcher in other directories (such as SuperPages.com).
Free Cost Estimates
As a Member you agree to provide Members and Consumers a free cost estimate (or quote) for your product or service when you receive a request through our System.
Leads, Service Requests, Information Requests (the Lead Exchange)
ProMatcher does not pre-screen or verify the information in the service or information requests that are posted into our system. You may claim leads on an "as is" basis with the understanding that when you claim a lead, your information may be made available to the person posting the information request.
Networking & Group Management
ProMatcher retired its group feature in March 2014
As a Member you may utilize the System to network with other Members. You can network one-on-one or you can also join, form, or manage groups. You may activate or pause this networking feature. Activating this feature will make Your Public Information available to publicly accessed areas of our system (see "Your Information" below).
- You understand that groups in our system are user created and managed. Groups are not managed or supervised by ProMatcher.
- Notice to Members Attending Meetings. Our system provides tools that enable our Members to arrange physical meetings (both group and individual one-on-one meetings are referred to as "Meetings") at venues that include, but are not limited to, offices, public parks, private homes or private enterprises (such as restaurants, coffee shops or stores). We do not supervise these Meetings and are not involved in any way with the actions of any individuals at these Meetings. Also, we have no control over the identity or actions of the individuals who are present at these Meetings. We request that our Members and Guests exercise caution and good
judgment when attending these Meetings.
- One-On-One Networking. You understand that the System is intended to help Members meet one another for the purpose of conducting business. One-on-One Meetings are a good way to develop business relationships. However, you understand that if another Member blocks a request to connect or blocks an existing connection, that means the Member is no longer interested in doing
business with you. It is a signal for you to refrain from contacting the Member again.
- Roundtables (Groups and Meetings). ProMatcher provides a System to organize groups and
meetings. ProMatcher does not manage or assume responsibility for the organization or management of these groups and does not make group decisions. All decisions, including who is provided access to the Roundtable, where the Roundtable occurs, and who attends Roundtables are the sole responsibility of the Group Leaders.
- Additional Fees. You understand that some Group Leaders may require Group members pay additional fees to participate in their Groups. These additional fees are not associated with any ProMatcher services and are not paid to, or controlled by, ProMatcher. We are not involved in the transaction in any way what so ever.
- You agree to comply with the laws of the city, county and country in which the Group meeting occurs, including laws governing alcohol consumption.
- You understand that Group Leaders may set additional eligibility requirements to join their group. ProMatcher is not involved in these additional eligibility requirements.
- Anti-Trust. ProMatcher encourages all members to act in compliance with applicable antitrust and trade regulation laws. Any violation of this policy is unequivocally contrary to VentureStreet practices.
- Release of Liability. Because 1) we do not supervise or control the Meetings or
interactions among and between members, 2) we are not involved in any way with physical transportation to or from these Meetings, and 3) we cannot guarantee the true identity,
age, nationality of System users, you agree that you bear all risk for participating in a Meeting and you agree to release us (and our officers, directors, shareholders,
agents, employees, affiliates, subsidiaries, and third party partners) and ProMatcher Group
Leaders and their designees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, now and in the future, arising out of or in any way connected with your use of the
System, your Third Party Transactions, our resolution of any disputes among users, and/or your
transportation to or from, attendance at, or the actions of you or other persons at, a Meeting.
You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or
waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision
of the statutory or non-statutory law of any other jurisdiction (including without limitation the states of Missouri, Delaware and Pennsylvania) to the full extent
that you may lawfully waive all such rights and benefits.
» Your Information - Definitions & Responsibilities
"Your Information" is defined as any information you post or other material you provide through the use of our System. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of your Public Information.
"Your Public Information" is Your Information that you submit or make available for inclusion on publicly accessible areas of our website and is made available to Users, Members, and Consumers of our website. This includes, but is not limited to: information you provide in your networking and business profile, and articles, videos, and other content you upload.
"Your Private Information" is any other portion of Your Information that is restricted to viewing by you and by ProMatcher. This includes, but is not limited to, credit card numbers and passwords. Whereas ProMatcher employs methods for protecting your Private Information, you understand there is the possibility that security measures may be breached.
- You understand that your Public Information may be accessible by and made public through syndication programs and by search engines, metasearch tools, crawlers, metacrawlers and other
- You, and not ProMatcher, are entirely responsible for all of your Public Information that you upload, post, email, transmit or otherwise make available via our System. We do not endorse any opinions expressed by you or other users. You understand that by using our System you may be exposed to information that is offensive, indecent or objectionable. We do not have any obligation to monitor, nor do we take responsibility for, Your Public Information.
- You agree that under no circumstances will ProMatcher, its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or its third-party partners be liable in any way for any information, including, but not limited to, for any errors or omissions in Your Information or the Information of or posted by other users, or for any loss or damage of any kind incurred as a result of the use of Your Information or Information of or posted by other users posted, emailed, transmitted or otherwise made available in connection with our System, or for any failure to correct or remove information.
- We do not claim ownership of Your Information. However, to enable us to use your Public Information and to ensure we do not violate any rights you may have in your Public Information, you grant ProMatcher a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise, commercialize and exploit the copyright, publicity, and database rights (but no other rights) you have in your Public Information, in any media now known or not currently known, with respect to your Public Information.
- Consent to Disclosure. You acknowledge and agree that ProMatcher may disclose Your Information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:(a) comply with a current judicial proceeding, a court order or legal process served on us or our website, (b) enforce this Statement or the Terms of Service Agreement, (c) ProMatcher to claims that Your Information violates the rights of third parties; or (d) protect the rights, property or personal safety of ProMatcher, its employees, users and the public.
» User Disputes
You are solely responsible for your interactions with other ProMatcher users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
» Third Party Links & Marketing Partners
The ProMatcher site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of ProMatcher, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that ProMatcher shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that VentureStreet is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release VentureStreet, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any
way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time
of executing the release, which, if known by him must have materially affected his settlement with the debtor."
an adequate remedy at law and that injunctive or other appropriate relief may be sought.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration will
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the ProMatcher or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
» Governing Law and Venue
These Terms and Conditions are governed by the laws of the Commonwealth of Virginia as such laws are applied to agreements entered into and to be performed entirely in the Commonwealth of Virginia and between Virginia residents. You agree to submit to jurisdiction in Virginia and that any claim arising out of or related to these Terms and Conditions will be brought solely in a venue in Fairfax County, Virginia. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the Commonwealth of Virginia.
» Representations and Warranties
You represent and warrant to ProMatcher that (i) You are authorized to enter into this Agreement, either on behalf of Yourself or on behalf of the Business You represent, and fulfill and perform the Obligations and Obligations of a Business specified herein, and (ii) You and/or Your Business has all required permits, licenses, and other governmental authorizations and approvals to use the Site and Services.