Terms & Conditions

Proffered Terms of Use

[Last updated on August 23, 2016]

PROFFERED INC. (“Proffered”, “we”, “us” and terms of similar meaning) provide the Services, including access to the Application subject to these terms and conditions of use (these “Terms”). An updated copy of these Terms will be available through the Application and on www.proffered.io or profferedapp.com (collectively, the “Site”).

Throughout these Terms, we will refer to the Proffered application available through various mobile platforms and any additional software we will provide as the “Application”. We refer to the services provided by the Application as the “Services”.

Users who post information about their traffic tickets are referred to as “Clients”. Professional users of the Application, including licensed lawyers and paralegals are referred to as “Professionals”. Collectively, Clients and Professionals are referred to as “Users” of the Application.

Content on the Application, including all text, information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”.

Please read through these Terms carefully before using the Application. By downloading, or using the Application or Services on any platform or device, you agree to be legally bound by these Terms, and all policies, statements and guidelines incorporated by reference in these Terms. If you do not agree to be bound by these Terms in their entirety, then do not use the Application or Services.

1. Proffered Services

Proffered is a web and mobile application that permits Clients to post their traffic tickets and receive quotes from local Professionals who wish to “fight” the ticket on behalf of the Client.

You are responsible for your use of the Services and for any Content you post to the Services. Your User Content may be viewable by other Users. You should only provide Content that you are comfortable sharing with others under these Terms. In addition, the Application permits Users to sign certain documents through the Application. Such executed documents may be saved on the Application but can also be saved on your device’s hard drive. We are not responsible for your use of this document saving feature of the Application, including but not limited to any lost documents or data.

The Services are not intended to be used by children. You must be at least eighteen (18) years of age to use the Services.

2. Privacy Policy

Please refer to the Proffered Privacy Policy, available at www.profferedapp.com/privacy (the “Privacy Policy”) for information on how Proffered collects, uses and discloses personally identifiable information from Users of the Services.  By using the Application or our Services you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.

3. Fees, Charges and Taxes

Users may use certain functions of the Application at no cost. However, Professionals must utilize purchased credits (“Credits”) to submit an offer of its rate to Clients who have posted a traffic ticket. These Credits can be purchased as an “in-app” purchase through the mobile platform that you are accessing the Application through. The fees for such Credits are described on the Application and may change from time to time. All fees are quoted in Canadian dollars. Fees for credits are non-refundable unless expressly authorized by Proffered or otherwise required by law.

The Credits have no monetary value and do not constitute currency or property of any type. The Credits cannot be sold, traded, transferred, or exchanged for cash. The Credits can only be used to access certain functionality of the Application, including, but not limited to a Professional submitting an offer of their services to a Client.

Professionals must have a sufficient balance of Credits to submit an offer of their rate and services to a Client. However, the Professional will only be charged the applicable number of Credits for successful submissions.

Upon acceptance of a Professional’s offer, the Client and Professional can arrange for the payment of the Professional’s service fees outside of the Application. Proffered shall have no liability or responsibility for the provision or payment of services provided by a Professional to a Client. Users are encouraged to exercise caution when selecting Professionals and Clients to procure or provide services to.

4. User Accounts; Registration Data; Account Security

To use the Services, you must register for an account through the Application (“User Account”). Subject to verification requirements, Users may register for a free account on the Application. However, if you are a Professional, you may only make an offer to fight a traffic ticket on behalf of a Client if you have sufficient credits to do so. Upon registering a User Account, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Application (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to the Application, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to the Application. Proffered will not be liable for any loss or damage from your failure to comply with this obligation. You are responsible for all activity on your User Account.

5. Verifying Information

Professionals may be required to submit additional information (“Verifying Information”) to provide Users with additional comfort of their status as a licensed professional. Upon submission of such Verifying Information by a Professional, we may indicate that such Professional has submitted such Verifying Information. However, Proffered does not guarantee the legality or accuracy of any Verifying Information submitted by a Professional. Users are encouraged to independently request and review such Verifying Information prior to relying on such Verifying Information when making a decision to hire a Professional. Although we have no obligation to do so, we have the absolute discretion to remove any indications that a Professional has submitted certain Verifying Information if we feel such Verifying Information is inaccurate, outdated or otherwise incorrect. Proffered will not be liable for any loss or damage arising from your reliance on such Verifying Information or from your failure to independently review such Verifying Information. You are solely responsible for your use or reliance of any Verifying Information.

6. Ownership, Copyright and Trademarks

Content provided by Users is called “User Content”. User Content is the property of its respective owners (e.g. the User that inputted it). User Content on Proffered may include information or data about your traffic tickets, pictures, and other text, information, images and data uploaded by a User to the Application.

Proffered’s only right to use that User Content is the limited licenses to it granted in these Terms. Those licenses are described in Section 7 of these Terms.

Other than User Content, the Services, the Application, all Content and any other software used to create and operate the Services is the property of Proffered or its licensors, and is protected by Canadian and international copyright laws, and all rights to Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Application are the property of their respective owners.

Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Services, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Services.

7. License to Use Proffered and License Restrictions

Proffered grants to you a revocable, non-exclusive, non-sublicensable license to use the Application, access the Services and to view the Content available to you through the Services (“License”).

Other than as expressly permitted in these Terms, the Content and the License are subject to the following restrictions and account terms:

      (a) The Services we provide through the Application are for your use only. You may not resell, lease or provide them in any other way to anyone else, except as permitted through the Application.

      (b) You may not make or distribute copies of the Application.

      (c) You may not alter, merge or translate the Application, or decompile, reverse engineer, disassemble, or otherwise reduce the Application to a human-perceivable form.

      (d) You may not modify or create derivative works based on the Application or the Content.

      (e) You may not use the Application for any application deployment or ultimate production purpose.

      (f) You may not use the Application to develop any application having the same or similar primary function as the Application.

      (g) You may not remove or modify any copyright, trademark or other proprietary notices that have been placed in the Content.

      (h) You may not otherwise use the Application or the Content other than for its intended purpose.

      (i) Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your User account with us.  Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws.

      (j) Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The licenses in this Section are revocable by Proffered at any time.

      (k) Your use of the Application, Services and Content must not infringe or violate the rights of any other party, breach any contract or legal duty to any other parties or violate any applicable law.

      (l) Your use of the Services and Application must comply with the User Content Guidelines outlined in Section 8 of these Terms.

8. Your Limited License of Your User Content to Proffered

We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Application and provide the Services, now and in the future. For example, if you post information about your traffic ticket and a picture of the traffic ticket, we need your license to display that User Content on the Services, and we need the right to sublicense that User Content to our other Users so that they can view that User Content.

Therefore, by posting or distributing User Content to or through the Services, you (a) grant Proffered and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate and create derivative works from such User Content, in the manner in and for the purposes which the Services from time to time use such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content, or otherwise have the lawful right to post and distribute that User Content, to or through the Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms (including the User Content Guidelines described Section 8 below) and will not violate any rights of or cause injury to any person or entity.

If your User Content is intended for the use of other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Services, as described in this Section.

9. User Content and Review Guidelines

The Services permit Clients to view selected details of traffic tickets of other Clients. Professionals will be permitted to view all details of such traffic tickets, including, where applicable, a picture of a posted traffic ticket or other documents. As such, any User Content submitted to any public area of the Services will be considered non-confidential. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:

  • Any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, racist, prejudiced, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable in the sole opinion of Proffered;
  • Content that Proffered determines in its sole opinion is intended to “spam” or “phish” from other Users, including the posting of Content out side of appropriate categories or feeds;
  • 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, provincial, state, national or international law;
  • Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • Private information of any third party, including without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use;
  • Viruses, corrupted data or other harmful, disruptive or destructive files;
  • Content that is unrelated to the use of the Application; or
  • Content that in the sole judgment of Proffered, is objectionable or which restricts or inhibits any other person from using or enjoying the Application or the Services, or which may expose Proffered or its affiliates or its Users to any harm or liability of any type.

In addition to the above, reviews of Professionals must comply with the following (“Review Guidelines”):

  • Users who wish to post a review of a Professional must have a User Account;
  • Reviews must be at least fifteen (15) words in length;
  • Reviews must be based on a prior transaction where the User who writes the review had previously hired or contracted the Professional to perform services;
  • Reviews must be helpful and reasonable, not compare Professionals to other Professionals, and must only accurately describe the true experience that the User had with such Professional in a prior transaction (i.e. no hearsay);
  • Reviews must be legal and must not infringe the rights of any party;
  • Reviews must comply with the User Content Guidelines above;
  • Reviews must not be written by or be about minors (under the age of 18);
  • Reviews may not be posted by any party affiliated with other Users, other Professionals including the company or firm that such Professional is affiliated with;
  • Reviews must be written in English; and
  • Reviews may not be of a commercial nature (including the posting of any web addresses, links, HTML or other coding or promotional items).

Professionals may be provided with the opportunity to respond to a Review a limited amount of times.

Reviews on the Application are the sole, subjective opinion of the Users who posted them. Proffered does not endorse any of the reviews posted on the Application and reserves the right to review and/or delete a review for any reason, including, but not limited to a contravention of this Section.

If you believe that a review was written in a manner that contravenes these Terms and wish to request a review, please e-mail us at legal@profferredapp.com.

Any use of the Application or portions of the Services in violation of the foregoing violates the Terms and may result in, among other things, termination or suspension of your rights to use the Application or the Services.

10. Security of the Application

To ensure reliability and to protect the User Content, we use high grade hosting services and security technologies that we believe will provide you with a secure and safe environment. For example, all Content and information on the Application is encrypted using SSL certificates.

However, no system is perfectly secure or reliable. The internet is an inherently insecure medium, and the reliability of hosting services, internet intermediaries, your internet service provider, and other service providers cannot be assured. When you use the Application, you accept these risks and the responsibility for choosing to use a technology that cannot guarantee complete security and reliability. 

11. Warranty Disclaimer

The Application, the Content and the Services are provided to you on an “as is” basis without warranties from Proffered of any kind, either express or implied. Proffered expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Proffered does not represent or warrant that the Application or Content is accurate, complete, reliable, current or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the Application, the Content or any portion thereof.

While Proffered attempts to make your access to and use of the APPLICATION safe, Proffered does not represent or warrant that the APPLICATION or any Content are free of viruses or other harmful components.

PROFFERED DOES NOT IN, IN ANY WAY, WARRANT THE SERVICES PROVIDED BY PROFESSIONALS TO CLIENTS who were introduced through the use of the application. clients are encouraged to exercise caution when agreeing to work with a professional that they were introduced to through the application. you use the application at your own risk. 

12. Limitation of Liability; Indemnity

You waive and shall not assert any claims or allegations of any nature whatsoever against Proffered, its affiliates or subsidiaries, their contractors, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Application or the Content, including, without limitation, any claims or allegations relating to services provided by a Professional to a Client, the alleged infringement of proprietary rights, alleged inaccuracy of Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Application. You use the Application at your own risk.

Without limitation of the foregoing, neither Proffered nor any other Released Party shall be liable for any direct, 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 of the Application or the Content, including without limitation any damages caused by or resulting from your reliance on the Application or other information obtained from Proffered or any other Released Party or accessible via the Application, or that result from mistakes, errors, omissions, interruptions, deletion of User Content or other data, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Proffered, any User, or any other Released Party’s records, programs or services.

In no event shall the aggregate liability of Proffered, 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 the Application or the Services exceed any amount paid by you for access to the Application or Services during the three months prior to the date of any claim, if any.

You shall defend, indemnify and hold harmless Proffered and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Application and from the use of the Application by any person to whom you give access to your account.

13. Termination/Modification of License and Service Offerings

Notwithstanding any provision of these Terms, Proffered reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Application or Services, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Application or Content; (c) change, suspend or discontinue any aspect of the Application or Content; and (d) impose limits on the Application or Content.

Proffered reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline applicable to the Services, at any time and in its sole discretion. If we do so, we will notify you at the e-mail address you provide in your registration information, if any, and we will post a notice on the Site. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Application and the Site, and your continued use of the Application or Services after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Application. The Terms will always show the ‘last updated’ date at the top.  If you do not agree to any amended Terms, you must stop using the Application.  If you have any questions about the Terms, please email us at the contact address below.

14. Communications

Notices that we give you (other than notice of amendment of these Terms, which is discussed in Section 12 above) may be provided in any of the following ways.  First, we may email you at the contact information you provide in your Registration Data, if any.  Second, we may post a notice to you in the Account area of the Application.  Third, we may post the notice elsewhere on the Application.  When we post notices on the Application, we post them in the area of the Application suitable to the notice.  It is your responsibility to periodically review the Application for notices.

Subject to the Privacy Policy, if you send to Proffered any information, ideas, inventions, concepts, techniques or know-how (“User Submissions”), for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating such information, you acknowledge that Proffered can use the User Submissions without acknowledgement or compensation to you, and you waive any claim of ownership or compensation or other rights you may have in relation to the User Submissions.  We actively review User Submissions for new ideas.  If you wish to preserve any interest you might have in your User Submissions, you should not post them to the Application or send them to us.

15. Applicable Law and Venue

The Application is controlled by Proffered Inc. and operated by it from its offices in Toronto, Ontario. You and Proffered both benefit from establishing a predictable legal environment in regard to the Application. Therefore, you and Proffered explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Application will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to (a) these Terms; (b) the Application or Content; (c) oral or written statements relating to these Terms or to the Application; or (d) the relationships that result from these Terms or the Application or Content (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts).  Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Proffered related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Proffered.  If you have a Claim, you should give written notice to arbitrate at the address specified below.  If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data.  Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.

To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

If you choose to access the Application from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Proffered and the other Released Parties for your failure to comply with any such laws.

16. Termination of Agreement

You and Proffered may terminate these Terms and your use of the Application at any time. When you terminate these Terms, you must cease using the Application immediately. When your account is terminated, any User Content you have uploaded to the Application may remain on the Application. The license you grant to us in Section 7 therefore survives the termination of this Agreement. In addition, we may retain an archival copy of your User Content after termination, and you therefore hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes.

If these Terms expire or terminate for any reason, Sections 5, 6, 7, 10, 11, 14 and 16, and any representation or warranty you make in these Terms, shall also survive indefinitely.

17. Miscellaneous

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Proffered may assign any or all of its rights hereunder to any party without your consent.  You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Proffered, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Proffered regarding your use of the Application, and supercede all prior or contemporaneous communications whether electronic, oral or written between you and Proffered regarding your use of the Application. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.

18. Questions and Comments

If you have any questions regarding these Terms or your use of the Site or Application, please contact us here:

Proffered Inc.

legal@profferedapp.com