Terms & Conditions

Last updated on March 3, 2025.

These Terms and Conditions are effective immediately for users accessing or using the Website and/or Service on or after March 3, 2025.

Be Pro Be Proud is a website, www.beprobeproud.org, (“Site”) provided by Be Pro Be Proud, Inc., an Arkansas nonprofit corporation (“Be Pro”), that provides a platform to connect high school students with technical professional programs and potential technical professional employers (“Services”). The following Terms and Conditions (“Terms”) govern your ability to use and access any content, functionality and services offered through the Site, whether as a viewer of the Site or as a Customer as defined below.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE SERVICES. THE SERVICES ARE AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS, DO NOT ACCESS OR USE THE SERVICES.

BY ACCESSING OR MERELY BROWSING THE SITE OR USING THE SERVICES, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE INTO THESE TERMS. THE SERVICES ARE INTENDED SOLELY FOR PERSONS WHO ARE 13 YEARS OLD OR SUCH HIGHER AGE REQUIRED IN YOUR COUNTRY TO USE THE SERVICES. IF YOU ARE UNDER THE LEGAL AGE TO FORM A BINDING CONTRACT IN YOUR JURISDICTION, YOU REPRESENT THAT YOUR PARENT OR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THESE TERMS ON YOUR BEHALF.

We work with others to provide information about technical professional programs and potential employment opportunities. We call these companies and organizations “Partners” in this agreement and they provide us funding to provide our Services. We want you to be aware that when your information is shared with Partners as we describe in this agreement, your information may be subject to additional privacy terms with those third-parties with whom the information is shared. More information can be found in our Privacy Policy.

Our Partners differ based on which state you are in. A listing of our current Partners by state can be found at the following links:

Alabama Partners: https://beprobeproudal.org/about-bpbp/partners

Arkansas Partners: https://beprobeproudar.org/about-bpbp/partners

Georgia Partners: https://beprobeproudga.org/about-bpbp/partners

New Mexico Partners: https://beprobeproudnm.org/about-bpbp/partners

North Carolina Partners: https://beprobeproudnc.org/about-bpbp/partners

South Carolina Partners: https://beprobeproudsc.org/about-bpbp/partners

Tennessee Partners: https://beprobeproudtn.org/about-bpbp/partners

Texas Partners: https://beprobrproudtx.org/about-bpbp/partners

AMENDMENTS

We may amend these Terms at any time and for any reason. We ask that you stay up-to-date with these Terms. When we make changes to these Terms, we will notify you of the changes by posting the revised version on our website. Any changes will become effective upon the earlier of thirty (30) calendar days following our e-mail notice to you (if applicable) or thirty (30) calendar days following our posting notice of the changes on our Site. Changes will be effective immediately for new users of our Services. If you object to any such changes, we ask that you cease using the Services. By continuing to use the Services after we have posted modifications or amendments to the Terms, you consent to such amendments and/or modifications.

ONLINE COMMUNICATIONS & SMS MESSAGES

The Services provides you with the ability for you to allow Be Pro to send messages to you about the Services. You agree that all communications on the Site and through the Services shall be subject to and governed by these Terms and applicable law (including laws regulating direct marketing communications with which you will need to comply with, as applicable). By using communications methods available through the Services, you agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.

The Services allow you to opt in and consent to receive text messages from Be Pro (and its Partners). By opting-in, you consent to receive recurring automated promotional and personalized marketing text messages at the mobile number you text us from or used when signing up on the Site. You may revoke this consent at any time by replying STOP.

Messaging frequency varies. Standard message and data rates may apply. You will receive a reply text message to confirm your signup. Your opt-in signifies your agreement to these terms and to the DISPUTE RESOLUTION AND ARBITRATION PROVISION in these Terms that governs how claims you and we have against each other are resolved.

Be Pro uses a standard rate SMS program and message frequency will vary by user. We reserve the right to alter the frequency of messages sent at any time. To participate, you must have a text messaging enabled mobile device with a text messaging plan. Not all mobile devices may be supported and text messaging may not be available in all areas. We and our service providers and the supported mobile carriers are not liable for delayed or undelivered messages.

We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile.

Cancellation. If you wish to opt out or stop receiving messages, reply to a message or text the keyword STOP, QUIT, END, CANCEL, or UNSUBSCRIBE at any time. After replying or texting the keyword, you will receive one additional text message confirming that your request has been processed.

Duty to Notify and Indemnify: You represent that you are the account holder for the mobile telephone number(s) that you used to subscribe to the program. You are responsible for completing the opt-out process or notifying us immediately if you change, transfer, or intend to stop using the mobile telephone number used to subscribe to the program. You may notify us of a number change by contacting Be Pro as provided under Contact Us below. Your agreement to do so is a material part of these terms and conditions.

You agree to indemnify Be Pro in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to complete the opt-out process or notify us if you change, transfer, or intend to stop using your telephone number including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.

If you have questions or comments, please contact us by phone at (501) 372-2222. If you have any questions about your text or data plan, it is best to contact your wireless provider.

OWNERSHIP OF CONTENT AND ACCESS TO SITE

Any and all intellectual property rights (“Intellectual Property”) associated with the Services and its contents, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files and their selection and arrangement, (collectively, the “Content”), are the sole property of Be Pro, its affiliates or third parties. The Content is protected by copyright and other laws in both the United States and other countries. Elements of the Services are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Services are trademarks, service marks or trade dress (“Marks”) of Be Pro, its affiliates or other entities that have granted Be Pro the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of Be Pro. Except as otherwise expressly authorized by these Terms, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Services in any way without the prior written permission of Be Pro or the appropriate third party. Except as expressly provided herein, Be Pro does not grant to you any express or implied rights to our or any third party's Intellectual Property.

We grant you a limited, revocable, non-exclusive, license to access the Services and to view, copy and print the portions of the Content available to you on the Services. Such license is subject to these Terms specifically conditioned upon the following:

· you may only view, copy and print such portions of the Content for your own non-commercial use;

· you may not modify or otherwise make derivative works of the Services or the Content or reproduce, distribute or display the Services or any Content except at permitted within these Terms;

· you may not remove any trademark, copyright or other proprietary notices placed on Content;

· you may not use data mining, robots or similar data gathering or extraction methods; and

· you may not use the Services or the Content other than for its intended purpose.

The license in this section is revocable by us at any time. You represent and warrant that your use of the Services and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.

Restrictions on Use of the Services

In addition to other restrictions set forth in these Terms, you agree that:

· You shall not use the Services in any way that breaches any applicable local, national or international law or regulation.

· You shall not disguise the origin of information transmitted through the Services or place false or misleading information on the Services.

· You will use the Services for lawful purposes only and will not submit or transmit through the Services any material or engage in conduct that:

(1) violates or infringes the rights of others, including, without limitation, rights in intellectual property such as trademarks, copyrights, patents and trade secrets;

(2) is unlawful, threatening, abusive, profane, explicit, harassing, defamatory, fraudulent, constitutes an invasion of privacy or contains explicit, graphic, obscene or pornographic materials; or which otherwise violates any law, rule, regulation or the rights of a third party;

(3) impersonates any person, including Be Pro and its employees, principals, agents, consultants or affiliates or allows you or a third party unlawful access to a third party’s computer or network;

(4) is harmful or attempting to harm minors in any way; or

(5) violates these Terms, the Privacy Policy, or any other policy of Be Pro.

DISCLAIMER OF WARRANTIES

BE PRO MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE SERVICES OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK.

THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. BE PRO, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. BE PRO AND ITS PARTNERS, AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES THAT: (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE CONTENT WILL BE AVAILABLE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. NO INFORMATION OBTAINED BY YOU FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY BE PRO IN THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS ARE FAIR AND REASONABLE.

LIMITATION OF LIABILITY

BE PRO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM YOUR USE OF THE SERVICES OR YOUR ACTIVITY ASSOCIATED WITH YOUR USE OF THE SERVICES. FURTHER, YOU AGREE THAT ANY ACTUAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR YOUR ACTIVITY ASSOCIATED WITH YOUR USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID FOR THE SERVICES DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING YOUR CLAIM.

Compliance with Law

You agree to use the Services in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of Be Pro, negatively reflect on the goodwill or reputation of Be Pro and shall take no actions which would cause Be Pro to be in violation of any laws, rulings or regulations applicable to Be Pro.

INDEMNIFICATION

You agree to defend, indemnify, and hold Be Pro harmless, including our Partners, subsidiaries, affiliates, and all of our respective officers, agents, and employees, from and against any loss, damage, claim, liability, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of the use of these Services or a breach of these Terms.

DISPUTE RESOLUTION AND ARBITRATION PROVISION

Governing Law; Venue

By using the Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Arkansas, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and us. The parties agree that any disputes shall be resolved by binding arbitration or litigation, as provided herein, in Pulaski County, Arkansas.

Disputes

Any dispute or claim arising from or relating in any way to your use of the Services provided by Be Pro or these Terms will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this arbitration agreement. The laws of the State of Arkansas, without regard to conflicts of laws, will be applied by the arbitrator unless otherwise agreed by the parties.

The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes to the extent applicable. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. To begin an arbitration proceeding, visit AAA’s website (www.adr.org) for instructions.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action, unless otherwise agreed by all parties. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties. Unless we each agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

We also both agree that the terms “dispute” and “claim” as used in this section are as broad as they can be and include any claim or controversy between you and us concerning the Services, the software related to the Services, the Services’ or software’s price, or these Terms, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforceability or validity of your, your licensors’, our, or our licensors’ intellectual property rights. You or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Electronic Communications and Customer Data; Feedback

When you send e-mail to Be Pro, you are communicating electronically and Be Pro will communicate with you by e-mail. When you sign up for texts from Be Pro, you consent to receive informational messages from Be Pro at the number provided regarding your request, including messages sent by autodialer. Consent is not a condition of purchase. Message and data rates may apply. Message frequency varies and you may unsubscribe at any time by replying STOP as a reply or HELP for help.

You agree that all notices, disclosures, and other communications that Be Pro makes electronically satisfy any legal requirement that such communications be in writing. If you want to withdraw this consent, please stop using the Service.

We collect and use data from you pursuant to our Privacy Policy. We do not sell your data to third parties or purchase data about you to use for marketing purposes.

We always appreciate your feedback and other suggestions about our Services. You agree that we may use any feedback, suggestions, comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), without any restriction, acknowledgment, or compensation paid to you, for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Services. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. We are under no obligation to keep your Feedback confidential.

General

You may not assign your account or any of your interests, rights or obligations under these Terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

AMENDMENTS

As stated above, we may amend these Terms at any time and for any reason. We ask that you stay up-to-date with this Terms. When we make changes to these Terms, we will notify you of the changes by posting the revised version on our Site. Any changes will become effective upon the earlier of thirty (30) calendar days following our e-mail notice to you (if applicable) or thirty (30) calendar days following our posting notice of the changes on our Site. Changes will be effective immediately for new users of our Services. If you object to any such changes, we ask that you cease using the Site and the Services. By continuing to use the Services after we have posted modifications or amendments to the Terms, you consent to such amendments and/or modifications. For this reason, we encourage you to review the Terms whenever you use the Site or Services.

If you have any questions or concerns regarding the Terms, please contact us at [email protected]