1. INTRODUCTION AND ACCEPTANCE
This website is owned and operated by eBigCRM.com.com is responsible for taking your order, shipping it and providing you excellent customer service. For this reason "eBigCRM.com.com." will appear on your credit card statement for any purchase that you make on this website. We hope you enjoy your shopping experience with us!
ProWorkN.com ("Website") is an interactive online service operated by eBigCRM.com.com. ("us", "we", or "our").
2. INTELLECTUAL PROPERTY
3. WEBSITE ACCESS AND USE
(i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Website Content;
(ii) circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or Website Content;
(iii) use an automatic device (such as a robot or spider) or manual process to copy or "scrape" the Website or Website Content for any purpose without the express written permission of eBigCRM.com. Notwithstanding the foregoing, eBigCRM.com grants public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;
(iv) collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, e-mail addresses;
(v) solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
(vi) attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;
(vii) decompile, reverse engineer, or disassemble any portion of any the Website;
(viii) use network-monitoring software to determine architecture of or extract usage data from the Website;
(ix) encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another persons Membership (as defined in Section 5(B)) without permission, etc.);
(x) violate Canada export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
(xi) engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.
4. CONDITIONS FOR LINKING TO WEBSITE
We hereby grant you a non-exclusive, limited license, revocable at our discretion, for you to link to the Website home page from any site you own or control that is not commercially competitive with the Website and does not criticize or otherwise injure us, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material or that violates the spirit of our mission. Such a link is not an endorsement of such other site(s) by us. All of our rights and remedies are expressly reserved.
5. USER REGISTRATION
(A) In order to access or use some features of the Website, you will have to become a registered user. If you are under the age of eighteen, then you are not permitted to register or engage in any eBigCRM.com contests.
(B) If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (a "Membership"), which may permit you access to certain areas of the Website not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at of any breach of security or unauthorized use of your Membership.
6. WEBSITE CONTENT & THIRD PARTY LINKS
(A) We provide the Website including, without limitation Website Content for entertainment, educational and promotional purposes only. You may not rely on any information and opinions expressed on any of our Website for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.
(B) In some instances, Website Content may include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized employees or spokespersons while acting in their official capacities.
(C) If there is a dispute between persons accessing the Website or between persons accessing the Website and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release eBigCRM.com and its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
(D) The Website may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
The Website may include certain services that may be available via your mobile phone, including without limitation (a) the ability to upload to the Website via your mobile phone (Mobile Uploads), (b) the ability to receive and reply to messages and to send content and messages using text messaging (Mobile Texts), and (c) the ability to access the Website from your mobile phone (Mobile Web) (collectively, the "Mobile Services"). We do not currently charge for Mobile Services. Your carriers normal messaging, data and other rates and fees will, however, still apply. You should check with your carrier to find out what plans are available and how much they cost. By using the Mobile Services you agree that we may communicate with you regarding the Website and our partners by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services will be communicated to us.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, EBIGCRM.COM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.
10. LIMITATION ON LIABILITY
(C) In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
(B) If you become a registered user, you may terminate your Membership at any time by sending an e-mail to email@example.com.
12. COPYRIGHT POLICY
(A) eBigCRM.com respects the intellectual property rights of others and expects its users to do the same. In appropriate circumstances and at its sole discretion, eBigCRM.com may terminate and/or disable the Membership of users who it suspects to be infringers of the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in its sole discretion, eBigCRM.com may remove or disable access to material on any of its websites or hosted on its systems that may be infringing or the subject of infringing activity.
(B) In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 ("DMCA"), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its "Designated Agent"). eBigCRM.com Designated Agent may be reached at:
c/o Legal Department
eBigCRM.com /proworkn.com, Inc.
(C) If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your works copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response. For more information on our DMCA policy, please click on this hyperlink: Infringements.
13. CHOICE OF LAW; JURISDICTION AND VENUE
14. DISPUTE RESOLUTION; BINDING ARBITRATION
In the Dispute Resolution Section only, "we" and "us" are used to refer to you and eBigCRM.com together.
(ii) If either of us wants to arbitrate a dispute, we agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. We will send notice to you based on the contact information you have provided us and notice to us must be sent to: eBigCRM.com, ATTN: Legal Department, 250 Yonge St Suite, ON M5B 2L7 . We agree to make attempts to resolve the dispute. If we cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then we may submit the dispute to formal arbitration.
(iii) The FAA applies to this Agreement and arbitration provision. We each agree the FAA's provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
(vi) We each agree not to pursue arbitration on a classwide basis. We each agree that any arbitration will be solely between you and us (not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn't apply and the dispute must be brought in court.
(vii) The prevailing party in the arbitration will be entitled to recover its costs and expenses, including reasonable attorneys fees and experts fees, which are incurred in connection with the arbitration.
(C) Either of us may bring qualifying claims in small claims court.
15. NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
16. NO TRIAL BY JURY
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
17. AMENDMENT; ADDITIONAL TERMS
18. TERRITORIAL RESTRICTIONS
Software related to or made available by the Website may be subject to United States export controls. Thus, no software from the Website may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Departments list of Specially Designated Nationals or the U.S. Commerce Departments Table of Deny Orders. By downloading any software related to the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods.
Effective: January 1, 2021. 2009 eBigCRM.com /proworkn.com, Inc.
PRIVACY & SAFETY
This website is owned and operated by eBigCRM.com, Inc. eBigCRM.com is responsible for taking your order, shipping it and providing you excellent customer service. For this reason "eBigCRM.com, Inc." will appear on your credit card Statement for any purchase that you make on this website. We hope you enjoy your shopping experience with us!
A. INFORMATION WE COLLECT
Our Website typically collects two kinds of information about you: (a) information that you provide that personally identifies you; and (b) information that does not personally identify you, that we automatically collect when you visit our Website or that you provide us.
(1) Personally Identifiable Information:
Our definition of personally identifiable information includes any information that may be used to specifically identify or contact you, such as your name, mail address, phone number, etc. As a general policy, we do not automatically collect your personally identifiable information when you visit our Website. In certain circumstances, we may request, allow or otherwise provide you an opportunity to submit your personally identifiable information in connection with a feature, program, promotion or some other aspect of our Website. For instance, you may: (a) provide your name, mail/shipping address, e-mail address, credit card number and phone number when registering with our Website, using our online store or in connection with a contest entry; (b) provide certain demographic information about you (e.g.purchase preference, usage frequency, etc.) when participating in a survey, poll or joining a club; or (c) post a product rating and recommendation on our Website. Whether or not you provide this information is your choice; however, in many instances this type of information is required to participate in the particular activity, realize a benefit we may offer or gain access to certain content on our Website.
(2) Non-Personal Information:
Our definition of non-personal information is any information that does not personally identify you. Non-personal information can include certain personally identifiable information that has been de-identified; that is, information that has been rendered anonymous. We obtain non-personal information about you from information that you provide us, either separately or together with your personally identifiable information. We also automatically collect certain non-personal information from you when you access our Website.
B. HOW WE USE & SHARE THE INFORMATION COLLECTED
(1) Personally Identifiable Information:
The personally identifiable information you submit to us is generally used to carry out your requests, respond to your inquiries, better serve you or in other ways naturally associated with the circumstances in which you provided the information. We may also use this information to later contact you for a variety of reasons, such as customer service, providing you promotional information for our products or those of our parent company, subsidiaries or other affiliated companies ("affiliated companies"), or to communicate with you about content or other information you have posted or shared with us via our Website. You may opt-out from receiving future promotional information from us or our affiliated companies, or direct that we not share your information with any affiliated companies, as set forth below.
(2) Non-Personal Information:
In addition to any personally identifiable information or other information that you choose to provide to us on the Website, we and our third-party service providers may use a variety of technologies that automatically collect certain web site usage information whenever you visit or interact with the Website. This information may include browser type, operating system, the page served, the time and the preceding page view, among other information. In addition, your IP address or some other unique identifier for the particular device you use to access the Internet, as applicable (collectively referred to as a "Device Identifier") may be collected. A Device Identifier is a number that is automatically assigned to your computer, your cell phone or other device used to access the Internet, and our computers identify your device by its Device Identifier. We may associate your Device Identifier with the personal information you provide. The methods that may be used to collect this information include the following:
Web Beacons. Small graphic images or other web programming code called web beacons, (also known as "1x1 GIFs" or "clear GIFs,)" may be included in our web pages and e-mail messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Website, to monitor how users navigate the Website, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.
Mobile Device Identifiers. Certain mobile service providers uniquely identify mobile devices and we or our third-party service providers may receive such device information if you access the Website through mobile devices. Certain features of our Website may require collection of mobile phone numbers, and we may associate that phone number to mobile device identification information. Additionally, some mobile phone service providers operate systems that pinpoint the physical location of devices that use their service. Depending on the provider, we or our third-party service providers may receive this information.
Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Website, such as which links you click on. The code is temporarily downloaded onto your computer from our Web server or a third-party service provider, is active only while you are connected to the Website, and is deactivated or deleted thereafter.
Information collected through passive means may be non-identifying or may be associated with you. In the latter case it will be treated as personally identifiable information.
We use non-personal information in a variety of ways, including to help analyze site traffic, understand customer needs and trends, carry out targeted promotional activities and to improve our services. We may use your non-personal information by itself or aggregate it with information we have obtained from others. We may share your non-personal information with our affiliated companies and third parties to achieve these objectives and others, but remember that aggregate information is anonymous information that does not personally identify you. We may provide our analysis and certain non-personal information to third parties (who may in turn use this information to provide advertisements tailored to your interests), but this will not involve disclosing any of your personally identifiable information.
C. OTHER USES
(1) E-mail Communications:
If you send us an e-mail with questions or comments, we may use your personally identifiable information to respond to your questions or comments, and we may save your questions or comments for future reference. For security reasons, we do not recommend that you send non-public personal information, such as passwords, social security numbers or bank account information, to us by e-mail. Further, we may send you e-mail under the following circumstances: (a) if you request a particular service or sign up for a feature that involves e-mail communications; (b) if it relates to purchases you have made with us (e.g., product updates, customer support, etc.); (c) if we are sending you information about our other products and services; (d) if you consented to being contacted by e-mail for a particular purpose; (e) if you send us an e-mail, post information on the Website (i.e., a blog) or otherwise submit information to us electronically, we may e-mail you to follow-up or otherwise communicate with you with respect thereto; (f) to provide you legal notices or notices with respect to your use of the Website; or (g) to otherwise facilitate a transaction between us. In certain instances, we may provide you with the option to set your preferences for receiving e-mail communications from us; that is, agree to some communications but not others. You may "opt out" of receiving future commercial e-mail communications from us by clicking the "unsubscribe" link included at the bottom of most e-mails we send, or as provided below; provided, however, we reserve the right to send you transactional e-mails such as customer service communications.
(2) Transfer of Assets:
As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or all (or substantially all) of our assets, the personally identifiable information and non-personal information we have about you will be transferred to and used by this acquiring entity, though we will take reasonable steps to ensure that your preferences are followed. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties.
Notwithstanding anything herein to the contrary, we reserve the right to disclose any personally identifiable or non-personal information about you if we are required to do so by law, with respect to notices and counternotices pursuant to our DMCA notice and takedown policy and procedures and/or if we believe that such action is necessary to: (a) fulfill a government request; (b) conform with the requirements of the law or legal process; (c) protect or defend our legal rights or property, our Website, or other users; or (d) in an emergency to protect the health and safety of our Websites users or the general public.
(4) Sweepstakes Contests and Promotions:
We may offer sweepstakes, contests, and other promotions through the Website that may require registration. By entering any promotion, you are agreeing to the official rules that govern that promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the promotion to use your name, voice and/or likeness in advertising or marketing associated with the promotion. If you choose to enter a sweepstakes, contest or other promotion, personally identifiable information may be disclosed to third parties or the public in connection with the administration of such promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the promotion's official rules, such as on a winners list.
(5) Your Ontario Privacy Rights:
Residents of the Province of Ontario, under certain provisions of the Ontario Civil Code, have the right to request from companies conducting business in Ontario a list of all third parties to which the company has disclosed certain personally identifiable information as defined under Ontario law during the preceding year for third party direct marketing purposes. You are limited to one request per calendar year. In your request, please attest to the fact that you are a Ontario resident and provide a current Ontario address for our response. You may request the information in writing at:
250 Yonge St #2201, Toronto, ON M5B 2L7
Attn: Privacy Request
(6) Third Party Ad Server Networks:
D. PUBLIC FORUMS
The features, programs, promotions and other aspects of our Website requiring personally identifiable information are not intended for children. We do not knowingly collect personally identifiable information from children under the age of 18. If you are a parent or guardian of a child under the age of 18 and believe he or she has disclosed personally identifiable information to us please contact us at Sales@EBigCRM.com. A parent or guardian of a child under the age of 18 may review and request deletion of such childs personally identifiable information as well as prohibit the use thereof.
F. KEEPING YOUR INFORMATION SECURE
We have implemented security measures we consider reasonable and appropriate to protect against the loss, misuse and alteration of the information under our control. Please be advised, however, that while we strive to protect your personally identifiable information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and are not responsible for the theft, destruction or inadvertent disclosure of your personally identifiable information. In the unfortunate event that your "personally identifiable information" (as the term or similar terms are defined by any applicable law requiring notice upon a security breach) is compromised, we may notify you by e-mail (at our sole and absolute discretion) to the last e-mail address you have provided us in the most expedient time reasonable under the circumstances; provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation. From time to time we evaluate new technology for protecting information, and when appropriate, we upgrade our information security systems.
G. OTHER SITES/LINKS
Our Website may link to or contain links to other third party websites that we do not control or maintain, such as in connection with purchasing products referenced on our Website and banner advertisements. We are not responsible for the privacy practices employed by any third party website. We encourage you to note when you leave our Website and to read the privacy Statements of all third party websites before submitting any personally identifiable information.
H. CONTACT & OPT-OUT INFORMATION
We will respond to your request and, if applicable and appropriate, make the requested change in our active databases as soon as reasonably practicable. Please, note that we may not be able to fulfill certain requests while allowing you access to certain benefits and features of our Website.
I. SOLE STATEMENT
At ProWork National, we want to reach North Americans from Coast to Coast to Coast. If you have a business location in US or Canada and would like to offer ProWorkn.com Products to your clients, please contact us by filling out the Subscription Application available through the link below.
Our Company Program offers discounts on wholesale cases of products as well as shipping discount on orders of more than 5 cases.
Our online store is currently setup for personal and organizations ordering 1-4 wholesale cases of product. Larger orders or 50lbs stock boxes are more economically shipped via freight. These orders are currently prepared manually and completed through the online store.
All personal and wholesale accounts are subject to approval.
- Credit / Debit Cards
- Offline Payments