Last Updated June 11, 2023

This Acceptable Use Policy (“AUP“) sets out the terms under which you may access or download content that we offer on the website located at https://Prograds.com and https://app.Prograds.com (the “Website”) through a web browser, and generally use our services including participating in discussions and other community features of the Website (collectively “Prograds Services”). This AUP applies to all users of the Prograds Services.  “We” “us” or “our” is defined as Prograds Inc. and its affiliates, officers, agents, partners, and employees. Where applicable, “you” or “your” is defined as an individual user of the Prograds Services, including institutional users, professors, instructors and student users. Your use of the Prograds Services means that you accept, and agree to abide by, all provisions of this AUP, which supplements our Terms of Service.

Examples of prohibited use of the Prograds Services described in this AUP are not exhaustive. We may modify this AUP at any time. By using the Prograds Services, you agree to the latest version of this AUP.  If you violate this AUP or authorize or help others to do so, we may suspend or terminate your use of the Prograds Services.

Users interacting electronically with, downloading from, or uploading to the Prograds Services on behalf of a school, university or college or other such entity agree that they do so only with the appropriate permissions and authority of the institution on whose behalf they purport to be acting.

Prohibited Uses

Prograds Services (including the website and our mobile applications) shall only be used for lawful purposes. The following activities and content are strictly prohibited, with no exceptions:

• use of the Prograds Services in any way that breaches any applicable local, national or international law or regulation and/or in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• use of the Prograds Services for the purpose of harming or attempting to harm minors or vulnerable adults in any way;
• transmitting, hosting or storing any content or engaging in any activity that infringes or facilitates the infringement of intellectual property rights or privacy rights or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark, trade secret, trade dress, right or privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation;
• using the Prograds Services to abuse, harass, threaten, impersonate or intimidate any other user or third party;
• using the Prograds Services to send, knowingly receive, upload, download, use or re-use any material that is infringing, libelous, defamatory, discriminatory, obscene, pornographic, sexually explicit, abusive, offensive, hateful, profane, violent, or otherwise violates or encourages someone to violate any law or right of any third party as determined in our sole discretion;
• using the Prograds Services to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);
• using the Prograds Services to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
• reproducing, duplicating, copying or re-selling any part of the Prograds Services in contravention of the provisions of the Prograds Terms of Service;
• bypassing or attempting to bypass measures used to prevent or restrict access to the Prograds Services or interfering or attempting to interfere with the proper functioning of the Prograds Services; and
• accessing, without authority or interfering with, damaging, or disrupting:
• (i)           any part of the Website;
• (ii)          any equipment or network on which our Website is stored;
• (iii)         any software used in the provision of our Website; or
• (iv)         any equipment or network or software owned or used by any third party.

Indemnification

YOU SHALL INDEMNIFY AND HOLD US HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), INCURRED IN CONNECTION WITH ANY BREACH BY YOU OF THE TERM OF THIS AUP AND ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE Prograds SERVICES AND/OR ANY VIOLATION BY YOU OF THE Prograds TERMS OF SERVICE.

Suspension and Termination

Actual, suspected or alleged violations of this AUP may result in an investigation, demand for immediate removal of offending content, immediate temporary or permanent filtering, blocked access, suspension or termination of WeVu Services, or other action appropriate to the violation as we may determine, in our sole discretion.  We exclude liability for actions taken in response to breaches of this AUP and we reserve the right to take any other action we deem appropriate.

General

Nothing in this AUP is intended to grant any rights in the Prograds Services beyond the rights granted to you in the Prograds Terms of Service. If at any time we fail to insist upon strict performance of any of your obligations under this AUP, or fail to exercise any of the rights or remedies to which we are entitled under this AUP, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver of any of the provisions of this AUP shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Please contact us with questions about this AUP or to report violations of this AUP by mailing or emailing the following:

Prograds

3275 12th Avenue West
Vancouver, BC
Canada V6K2R8

legal@Prograds.com