PRIVACY POLICY | TERM OF USE
A legal disclaimer
TERMS OF USE
These Terms and Conditions ("Terms") constitute a legal agreement between you and Progini, Inc. ("Progini AI," "Progini," "we," or "us"). These Terms set forth the guidelines for your use of the website located at the URL http://www.progini.com, along with all related sites provided by Progini, its subsidiaries, and affiliated companies (collectively referred to as the "Site"). By accessing this Site, registering to use the services offered through the Site ("Services"), or utilizing any information found on the Site, you agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, you must not access or use this Site or any Services. Please note that these Terms include a dispute resolution and arbitration provision, incorporating a class action waiver that may significantly affect your rights concerning any disputes with Progini. You have the option to opt out of the binding individual arbitration and class action waiver as detailed below.
Changes / Modifications
PROGINI reserves the right to modify the content and services provided on or through the site at any time. Additionally, PROGINI may alter, update, or add or remove portions of these Terms at its discretion by publishing the revised Terms on this site. For current Subscribers (as defined below), PROGINI will notify you by sending an email to the address associated with your registered account. By continuing to use this site after such updates, you consent to comply with the revised Terms. If you do not agree to any of the updated Terms, you are required to cease using the site and its services.
General Use
By accessing and using this Site and its Services, you confirm and agree that you are at least 18 years old. If you are under 18, you are not permitted to use the Site or Services at any time, in any way, or to submit any information to PROGINI or the Site.
PROGINI owns and provides copyright and trademark protected content on the Site and through its Services, which includes works from PROGINI, its third-party licensors and suppliers, as well as other users of the Site. This content, collectively referred to as "Materials," encompasses logos, graphics, videos, images, software, and other types of content.
In adherence to these Terms, PROGINI grants you a limited, personal, non-exclusive, and non-transferable license to display and use the Materials, and access this Site and Services solely for personal use. Apart from this specific license, you have no additional rights to the Site or any Materials. You may not modify, edit, copy, reproduce, create derivative works from, reverse engineer, alter, enhance, or exploit the Site, Services or Materials in any way.
Should you violate any of these Terms, the granted license will terminate immediately. You are then required to immediately destroy any Materials that you have downloaded or printed.
Using the Site and the Services on the Site
You do not need to register with PROGINI just to visit and browse the Site. However, registration with PROGINI and a password are required if you wish to access certain password-protected areas of the Site, and to utilize the Services and specific Materials offered through the Site.
Restricted Areas of this Site
The PROGINI administrator reserves the right to approve or reject any registration requests at the company's sole discretion. If your account is approved by the PROGINI administrator, you will receive a notification along with your access details, including a username and password. These access details are for your personal use only. It is your responsibility to maintain the confidentiality of your access details and you are liable for all activities conducted using them.
It is imperative that all information you provide during the account registration process, and through other interactions with the site, must be accurate, complete, and current.
Subscriptions
By registering for an account with PROGINI and subscribing to our Services, you become a "Subscriber," gaining access to certain Services, Materials, and password-restricted areas of the Site (collectively referred to as a "Subscription"). Please note that Subscriptions, along with the rights and privileges afforded to a Subscriber, are personal and cannot be transferred to another individual.
Discontinued Services
Some services sold by PROGINI may necessitate the hosting of certain elements by PROGINI, along with the provision of ongoing support services. PROGINI reserves the right to cease hosting, support, and all other related activities for such services at any time after 12 months from your initial purchase date. Prior to discontinuation, PROGINI will provide at least 30 days' notice. This notice will be sent to the email address linked to your account; therefore, it is imperative that you keep the email address in your account updated. However, PROGINI is only obliged to provide such notice to users who have logged into their accounts associated with the service that is to be discontinued in the 90 days preceding the issuance of the discontinuation notice. If a service is discontinued, PROGINI may delete any databases connected with your use of that service.
Payment and Purchases
You can pay your subscription fee using a credit card or PayPal. Upon registering your account—or upon upgrading to a paid subscription after a free-trial period—we or our payment processor will charge the initial subscription fee to your credit card or PayPal account. Following this initial fee or the processing of your subscription order during a free trial, you will receive a confirmation email confirming that you can access the services.
All service and product orders are subject to acceptance by PROGINI, which reserves the right to refuse or cancel any order at its sole discretion, at any time, even after acceptance, and will refund any associated payments.
**Important Notice:** PROGINI will automatically renew your subscription on the monthly or yearly anniversary of your registration as a paid subscriber. As authorized during the sign-up process, we or our payment processor will charge the applicable subscription fee to your credit card or PayPal account (unless the subscription is cancelled prior to the anniversary date). If the anniversary date is not present in a given month, your subscription will renew on the 28th of that month. You may cancel your subscription at any time by contacting support at support@proginicom. Please allow a reasonable amount of time for us to process the cancellation. Your subscription benefits will continue until the end of the month of cancellation and will expire thereafter.
Additionally, you agree to pay all fees and charges related to your purchase of any additional products or services as per the billing terms set forth in these Terms of Use. If payment is not received timely or if your credit card or PayPal account cannot be charged for any reason, PROGINI reserves the right to suspend or terminate your access to the Site and Services and these Terms.
You are expressly agreeing that PROGINI and/or our payment processing partner can bill you for applicable fees, taxes, and any other charges incurred in connection with your use of this Site and Services. These fees will be billed to your credit card or PayPal account at regular intervals for the term of these Terms. Unless explicitly stated otherwise by PROGINI, if you cancel your account or subscription at any time, you will not receive a refund. However, while refunds may be allowed under specific circumstances, if it is determined that your purchase was made with the intention of benefiting from then requesting a refund (as might be indicated by multiple refund requests), PROGINI may deny issuing a refund under such circumstances.
If there is a balance due on any account, you agree that PROGINI or our payment partner may charge these unpaid fees to your credit card or PayPal account, or bill you for these unpaid fees. You are liable for paying any applicable sales and use taxes for the purchase of your subscription or any other PROGINI products or services based on the mailing address provided at registration, and you authorize PROGINI or our payment partner to charge your account for any corresponding taxes.
Refunds
All purchases of subscriptions, services, and other products from Progini are final, and refunds are not available unless explicitly stated otherwise on our website or if Progini cancels your order.
Progini strives to provide the highest quality services, yet the actual benefits realized by customers can vary based on numerous factors, including the customer's own efforts and initiatives. You agree not to initiate any chargebacks on fees paid to Progini, unless the services you paid for were not received. To request a refund, please send an email to support@progini.com specifying which product you would like to refund. Allow at least one business day for a response.
Cancellations
If you cancel your account or service at any time, you will not be eligible for a refund. However, if PROGINI’s policy for a particular service generally permits refunds, but PROGINI determines that your purchase was made with the intention of using the service before requesting a refund—as suggested by multiple refund requests—PROGINI reserves the right to deny a refund under such circumstances.
Electronic and Other Communications
By using the Site and/or the Services, you agree to receive electronic and telephone communications from or on behalf of PROGINI. These communications may include information about fees and charges, transaction details, and other pertinent information related to the Site and/or Services, including updates on new offerings. Such electronic communications constitute an integral part of your relationship with PROGINI. You acknowledge and agree that any notices, agreements, disclosures, or other communications we provide to you electronically will meet all legal requirements for communications, including the requirement that such communications be in writing.
Privacy Policy
Please review PROGINI's Privacy Policy, which is available by clicking here. The policy explains how we handle and use the information you submit to PROGINI.
Third Party Content
Certain materials may be provided to PROGINI by third-party licensors and suppliers ("Third Party Content"). This Third Party Content is the copyrighted work of its respective creator or licensor. You may only use the Third Party Content in accordance with the applicable licenses provided, and only if you have obtained permission from the content owner. You acknowledge and agree that, without such permission, you do not have the rights to download, cache, reproduce, modify, display (except as specified in this document), edit, alter, or enhance any Third Party Content in any manner.
PROGINI expressly disclaims all express, implied, and statutory warranties and conditions related to the Third Party Content. This includes, but is not limited to, disclaimers of implied warranties of merchantability, fitness for a particular purpose, and non-infringement of third-party rights.
Links to Third Party Sites
This website and/or its services may include links to external websites that are not affiliated with PROGINI, referred to collectively as “Third Party Sites.” At times, you may be redirected to a Third Party Site via a link, even though it may seem like you are still navigating our site or using our services. You acknowledge and agree that these Third Party Sites might follow different privacy policies, terms and conditions, and may have different user guidelines and business practices than those of PROGINI. You agree to abide by all applicable terms and conditions, user guides, and privacy policies of these Third Party Sites.
PROGINI provides these links for your convenience but does not endorse, verify, or assume responsibility for these Third Party Sites, including, but not limited to, the accuracy, quality, and completeness of their content, services, and links, or the activities conducted on them. Links to Third Party Sites are not to be taken as an endorsement by PROGINI of those sites or any products or services offered through them.
YOU AGREE THAT PROGINI SHALL NOT BE HELD LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, OR CONTENT AVAILABLE FROM SUCH THIRD PARTY SITES, NOR FOR ANY DAMAGE OR LOSS CAUSED, OR ALLEGED TO BE CAUSED, BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON ANY CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.
Unauthorized Activities
By using this Site and/or the Services, you agree to maintain a standard of etiquette and adhere to applicable laws. Specifically, you agree not to engage in the following activities:
1. Defame, abuse, harass, stalk, threaten, or otherwise infringe on the legal rights (such as rights of privacy and publicity) of others.
2. Utilize language that is racially, ethnically, or otherwise offensive.
3. Discuss or promote illegal activities.
4. Employ explicit/obscene language, or solicit/post sexually explicit images (actual or simulated).
5. Post any material that exploits minors, deploys cruelty to animals, or is otherwise objectionable.
6. Distribute copyrighted or trademarked material without the explicit permission of the copyright or trademark owner.
7. Send out unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any similar forms of solicitation.
8. Use any automated devices such as robots, spiders, or scrapers to access the Site.
9. Take actions that place an unreasonable or disproportionately large load on our infrastructure.
10. Modify the opinions or comments posted by others on this Site.
11. Post anything that may harm our public image, goodwill, or reputation.
This list is illustrative and not exhaustive. PROGINI reserves the right to terminate your access to your account and your ability to post to this Site (or use the Services), with or without cause and notice, for any reason or no reason, or for any behavior that PROGINI deems inappropriate or disruptive to the Site or Services. PROGINI may also report potentially illegal activities to law enforcement agencies and will cooperate with them as required or at PROGINI’s discretion.
You agree to indemnify and hold harmless PROGINI and its officers, directors, employees, affiliates, agents, licensors, and business partners from any costs, damages, liabilities, and expenses (including attorneys’ fees and defense costs) that arise from, relate to, or are intended to avoid a claim or demand from a hird-party that alleges your use of this Site or Services breaches any law, regulation, or third-party rights.
Proprietary Rights
PROGINI and third-party trademarks and service marks might be identified sporadically with the SM, TM, or ® symbols. All rights not explicitly granted are reserved. Except as mandated or restricted by applicable law, the reproduction, distribution, modification, re-transmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or their authorized licensee.
Intellectual Property Infringement
PROGINI is committed to respecting the intellectual property rights of others, and we request that our users do the same. In certain circumstances and at our discretion, PROGINI may terminate service or access to our site for users who infringe upon the intellectual property of others. If you believe that your work has been copied and appears on our site or services in a way that constitutes copyright or trademark infringement, please provide the following information to PROGINI’s designated agent:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
2. Identification of the copyrighted or trademarked work you claim has been infringed, or, if multiple works are involved, a representative list of those works from that site.
3. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity, which you request to be removed or access to be disabled, along with information reasonably sufficient for PROGINI to locate the material.
4. Adequate information to allow PROGINI to contact you, the complaining party, such as an address, telephone number, and, if available, an email address.
5. A statement that you have a good faith belief that the disputed use of the material is not authorized by the copyright or trademark owner, its agent, or the law.
6. A statement, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
You can reach PROGINI’s agent for notice of claims of copyright or trademark infringement via legal@PROGINI.com.
Additionally, under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
**Submitting a Digital Millennium Copyright Act (DMCA) Counter-Notification**
If we have removed or disabled access to copyright-protected material you provided following a valid DMCA take-down notice, we will notify you. Should you believe that the removal or disabling was in error, you may send a counter-notification to PROGINI’s designated agent containing:
1. Your physical or electronic signature.
2. Identification of the material that has been removed or to which access has been disabled and its prior location.
3. A statement under penalty of perjury that you have a good faith belief that the removal or disabling was due to a mistake or misidentification.
4. Your name, physical address, and telephone number, along with a statement consenting to the jurisdiction of a court for the judicial district where your address is located, or if outside the United States, for any district in which PROGINI may be located, acknowledging that you will accept service of process from the person who provided the initial notification or an agent of such person.
Termination of Repeat Infringers
PROGINI reserves the right to terminate the account or access of any user, at its sole discretion, who is the subject of repeated DMCA or other infringement notifications.
Disclaimer of Warranties
**Terms of Use and Disclaimers**
Your access to and use of the site and services provided by PROGINI are solely at your own risk. The materials available through the site and services have not been thoroughly verified or authenticated either in part or in whole by PROGINI, and may contain inaccuracies or typographical or other errors. PROGINI does not guarantee the accuracy or timeliness of the materials present on this site or distributed through the services. Additionally, PROGINI shall not be held liable for any errors or omissions in the materials, whether these are attributable to PROGINI, our licensors, suppliers, or other users.
PROGINI and its licensors expressly disclaim all representations, warranties, or guarantees, whether express, implied, or statutory regarding the site, services, and any materials, including but not limited to the quality, suitability, truth, accuracy, or completeness of any information or material displayed or presented. Unless explicitly states otherwise, all resources provided by this site, the services, and any information or materials offered through this site or services are supplied to you on an "AS IS," "AS AVAILABLE," and "WHERE-IS" basis without warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. PROGINI likewise does not guarantee protection against potential installation of viruses, spyware, or malware on your computer.
**User Responsibilities**
You are entirely responsible for your interactions and communications with other users of the site and services and with any other persons whom you communicate or interact with as a result of your use of the site and/or services. PROGINI does not verify the statements made by users of the site or services and makes no endorsements regarding the conduct of users or their compatibility with any current or future users of the site or services. It is your responsibility to take reasonable precautions during all communications and interactions with other users and when interfacing with third parties as a result of your use of our site, services, or when meeting or conducting business offline or in person.
**Limitation of Liability**
PROGINI shall not be liable for any damages that result from your use of or inability to use the site or services, including but not limited to damages caused by downloading materials from this site. PROGINI shall not be responsible for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages, including the loss of data, revenue, profits, use, or other economic advantages, however they may arise, even if PROGINI has been advised of the possibility of such damages.
**Local Laws Compliance**
PROGINI accepts users internationally. You are responsible for ensuring you comply with the local laws applicable to your area of residence.
Feedback
If you submit any communications, comments, questions, suggestions, or related materials to PROGINI, whether via letter, email, telephone, or other methods (collectively referred to as "Feedback"), including suggestions for improvements or new features and functionalities of the Site, any Services, or Materials, all such Feedback will be considered non-confidential and non-proprietary. By submitting Feedback, you grant PROGINI all rights, title, and interest to freely use — without any attribution or compensation to you — any ideas, expertise, concepts, techniques, or other intellectual property and proprietary rights included in the Feedback, whether or not they are patentable. PROGINI may use this information for any purpose whatsoever, including but not limited to developing, manufacturing, licensing, marketing, and selling products or services derived from such Feedback either directly or indirectly. Please understand and agree that PROGINI is under no obligation to utilize, display, reproduce, or distribute any ideas, expertise, concepts, or techniques from the Feedback, and you cannot demand such actions.
Dispute Resolution and Arbitration; Class Action Waiver
Please read this document attentively as it impacts your rights.
If you have any concerns, we encourage you to resolve them swiftly by contacting our support center at https://SUPPORT.PROGINI.com. This provision is designed to facilitate the prompt and efficient resolution of disputes between you and PROGINI through arbitration. Arbitration is a private method of dispute resolution where the parties involved agree to forgo the right to sue, relinquish the opportunity for a court proceeding or jury trial, and instead submit their disputes to a neutral arbitrator for a binding decision. You have the option to opt-out of this provision (as detailed below), which would preserve your right to address your disputes in court, either in front of a judge or jury.
It is crucial that you carefully review this provision, which mandates that all disputes between you and PROGINI be resolved through binding arbitration, replacing the right to go to court. Without this arbitration agreement, you would potentially have the right to bring claims in court, before a judge or jury, and/or to participate in or be represented in court cases filed by others, including class actions. Unless otherwise stipulated, by entering this agreement, you waive the right to litigate claims and all opportunities to be heard by a judge or jury. Arbitration does not involve a judge or jury, and the judicial review of an arbitration award is limited. However, the arbitrator is bound by this agreement and can grant the same damages and relief as a court (including attorney’s fees).
For the purposes of this provision, "THE COMPANY" refers to PROGINI, its parent entities, subsidiaries, and affiliate companies, along with their respective officers, directors, employees, and agents. The term "Dispute" encompasses any conflict, claim, or controversy between you and THE COMPANY concerning any aspect of your relationship with THE COMPANY, whether grounded in contract, law, statute, ordinance, or tort (including, but not limited to, fraud, misrepresentation, deceptive inducement, or negligence), or any other legal or philosophical theory. This also includes disputes over the validity, enforceability, or scope of this provision (except for the enforceability of the Class Action Waiver clause). "Dispute" is interpreted in the broadest enforceable sense and includes any claims against other parties related to services or products provided or billed to you (such as THE COMPANY’s licensors, suppliers, dealers, or third-party vendors) when you also assert claims against us in the same legal proceeding.
WE BOTH AGREE THAT, WITH THE EXCEPTIONS NOTED BELOW, ANY AND ALL DISPUTES, AS DEFINED HEREIN, WHETHER CURRENTLY EXISTING OR BASED ON ACTS OR OMISSIONS IN THE PAST OR FUTURE, SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION INSTEAD OF IN COURT, IN LINE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all disputes, whether pursued in court or through arbitration, you must first provide THE COMPANY with an opportunity to resolve the issue. Begin this process by sending written notification to legal@PROGINI.com. Your notification must include: (1) your name, (2) your address, (3) a detailed description of your claim, and (4) the specific remedy you are seeking. If THE COMPANY fails to resolve the dispute within 45 days of receiving your notification, you may then proceed to pursue your dispute through arbitration. Pursuing the dispute in court is only permissible under circumstances described subsequently.
Exclusions from Arbitration/Right to Opt Out
Despite the foregoing, either you or THE COMPANY may choose to pursue a dispute in court rather than through arbitration if: (a) the dispute is eligible to be initiated in small claims court, or (b) you opt out of the arbitration procedures within 30 days from the date you first agreed to this Agreement (the "Opt-Out Deadline"). To opt out, you must send a written notification to legal@PROGINI.com. Your written notification should include (1) your name, (2) your address, and (3) a clear statement indicating your choice not to resolve disputes with THE COMPANY through arbitration. Opting out of this Arbitration Provision will not negatively impact your relationship with THE COMPANY. Any opt-out requests received after the Opt-Out Deadline will not be considered valid, and you will need to pursue your dispute in arbitration or small claims court.
Arbitration Procedures
If this provision applies and the dispute remains unresolved as outlined in the Pre-Arbitration Claim Resolution section, either you or THE COMPANY may initiate arbitration proceedings. The arbitration will be conducted by the American Arbitration Association (AAA) at www.adr.org, or by JAMS at www.jamsadr.com, and handled by a single arbitrator. The arbitration will commence as an individual proceeding and shall not be conducted as a class arbitration. The arbitrator will determine all issues, including the extent of this provision.
For AAA arbitrations involving disputes under $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for disputes of $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. Additionally, the AAA’s Optional Rules for Emergency Measures of Protection will be enforced. AAA rules can be accessed at www.adr.org or by calling 1-800-778-7879. For arbitrations through JAMS, the JAMS Comprehensive Arbitration Rules & Procedures, along with the JAMS Recommended Arbitration Discovery Protocols for Domestic Commercial Cases, will apply. JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This provision will override any conflicting arbitration rules. Class action procedures will not be applicable to the arbitration.
Since the Site, Services, and these Terms engage in interstate commerce, the Federal Arbitration Act (FAA) oversees the arbitrability of all disputes. However, the arbitrator will enforce the substantive law in alignment with the FAA and applicable statutes of limitations or conditions precedent to suit.
Arbitration Award – The arbitrator may grant any legally permissible relief on an individual basis and will not have authority to award relief for non-parties. The arbitration decision will be provided in writing and will be conclusive and binding, with any appeal rights as provided by the FAA. The decision may be enforced in any court with proper jurisdiction.
Location of Arbitration – Arbitration may be initiated by you or THE COMPANY in either the State of New York or the federal judicial district of your billing address. If you select the latter, THE COMPANY may relocate the arbitration to New York if it agrees to cover any additional expenses or fees as determined by the arbitrator.
Payment of Arbitration Fees and Costs – THE COMPANY will cover all initial arbitration filing fees and the arbitrator’s fees and expenses upon your written request before arbitration begins. You are responsible for any other fees and costs incurred during the arbitration, including, but not limited to, attorney or expert witness fees. Fees and costs may be compensated as permitted by applicable law. Furthermore, if you engage in good faith negotiations as described in the Pre-Arbitration Claim Resolution section and are deemed the prevailing party, you may be entitled to recover reasonable legal fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise stated in this provision, the arbitrator cannot consolidate claims from more than one individual or oversee any form of class or representative proceedings (like a class action or consolidated action) unless you and THE COMPANY explicitly agree to do so post-arbitration initiation. Opting out of this Arbitration Provision, as previously specified, allows you to pursue disputes in court, rendering this Class Action Waiver inapplicable. Neither you nor any other user of the Site or Services can partake in a class, consolidated, or representative proceeding unless the opt-out conditions are fulfilled.Class
Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and THE COMPANY specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Site or Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
Jury Waiver
You acknowledge and agree that by entering into this Agreement, both you and THE COMPANY are relinquishing the right to a jury trial or to have a trial before a judge in a public court. Without this provision, you and THE COMPANY could otherwise possess the right or opportunity to pursue disputes in a court, presided over by a judge or jury, and/or to participate in or be represented in legal actions initiated in court by others, including class actions. Except as specified elsewhere in this document, these rights are forfeited. Additional rights typically available in court proceedings, such as the right to appeal and access to certain types of discovery, may also be more limited or relinquished.
Severability
If any clause in this Provision, apart from the Class Action Waiver clause, is deemed illegal or unenforceable, that clause will be severed from this Provision. The rest of this Provision will continue to be fully effective. However, if the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Provision will become unenforceable, and the dispute will be resolved in court.
Continuation
This provision will remain in effect even after the termination of your service with PROGINI or its affiliates. Despite any conflicting terms in this Agreement, we agree that if PROGINI modifies this provision (except for changes to the Notice Address), you have the right to reject any such changes and insist that PROGINI comply with the original wording of this provision in the event of a dispute between us.
General
PROGINI advises when it perceives non-compliance with these Terms, recommending corrective actions if necessary. However, certain breaches, as determined by PROGINI, may lead to immediate termination of your access to the Site and/or Services without prior notification. The Federal Arbitration Act, New York state law, and applicable U.S. federal law, excluding choice or conflicts of law provisions, will govern these Terms. International laws, including the United Nations Convention on Contracts for the International Sale of Goods and any laws derived from the Uniform Computer Information Transactions Act (UCITA), are not applicable to this Agreement. Except for disputes subject to arbitration as previously described, any disagreements regarding these Terms or this Site will be adjudicated in the courts of New York City and State. If any provision of these Terms is deemed inconsistent with applicable law, it will be interpreted to best reflect the parties' intentions, and no other Terms will be modified. PROGINI’s failure to enforce any of these Terms does not constitute a waiver of such terms. These Terms constitute the entire agreement between you and PROGINI, superseding all prior discussions, negotiations, or agreements about the Site and Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
Furthermore, when handling information received from Google APIs, PROGINI will comply with the Google API Services User Data Policy, including the Limited Use requirements.
Messaging Terms & Conditions
1. General
When you opt-in to our service, we will send you a message to confirm your signup. By opting into our messages, you agree to receive recurring automated marketing and informational text messages from PROGINI. These messages may be sent using an automatic telephone dialing system to the mobile number you provided at signup or any other designated number.
Message frequency will vary, and additional messages may be sent periodically based on your interaction with PROGINI. PROGINI reserves the right to adjust the message frequency at any time, which could increase or decrease the total number of messages sent. We also retain the right to alter the short code or phone number from which messages are sent.
Message and data rates may apply. For concerns about your text or data plan, please contact your wireless provider. Please note that your provider is not responsible for any delayed or undelivered messages.
Consenting to receive marketing messages is not a condition of any purchase.
2. Carriers
Carriers are not responsible for any delayed or undelivered messages.
3. Cancellation
You may cancel the service at any time by texting "STOP". Once you send the "STOP" message, we will send a confirmation message that you have been unsubscribed, and you will no longer receive messages. If you wish to opt back into receiving messages from PROGINI, you may sign up again just as you did initially.
4. Support Information
Text "HELP" at any time for instructions on how to unsubscribe. If you require additional support regarding our services, please contact us via email at support@PROGINI.com.
5. Transfer of Number
If you plan to change or transfer your mobile number, you agree to either send a "STOP" message from the original number or notify us at support@PROGINI.com before making the change. Notifying us in these instances is a mandatory condition for using our messaging service.
6. Privacy
If you have questions about how your data is handled or our privacy practices, please review our Privacy Policy.
7. Changes to Messaging Terms
We reserve the right to modify or terminate our messaging program at any time. We may also update these Messaging Terms as needed, and such changes will take effect immediately upon posting. Your continued use of this service after changes are posted constitutes your acceptance of these changes.
Contact Us
If you have any questions about these Terms or need to contact PROGINI for any other reason, please reach out to us at https://support.PROGINI.com/
© PROGINI Micro Franchises Inc. All rights reserved.
PROGINI Micro Enterprises Privacy Policy
This Privacy Policy ("Policy") establishes a legal agreement between you ("you") and Umrella Micro Enterprises LLC, also referred to as "PROGINI," "we," or "us." The Policy outlines the terms under which you are allowed to utilize the website located at the URLs PROGINI.com, PROGINILocal.com, and other associated sites provided by PROGINI, its subsidiaries, and affiliated companies (collectively, the "Site"). By accessing this Site, registering, or utilizing the services offered through the Site ("Services"), you consent to adhere to the terms outlined herein. If you disagree with any of the provisions, you must not access or use this Site, its Services, or any contained information.
We deeply value your privacy. This document explains how we collect, use, and share information about visitors to our website and its associated sites.
By visiting the Site or using any of our Services, you agree that your personal information will be managed as described in this Policy. Your use of our Site and Services, along with any disputes over privacy, is governed by this Policy and our Terms of Use, which are incorporated herein by reference.
Information We Collect
We may collect information from you directly and from third parties, as well as automatically through your engagement with our Site and Services.
Information Collected Directly:
- **Registration**: Certain features on our Site may require registration. You need to provide your name and email. For purchases, we will also need your credit or debit card details, financial account data, and billing information such as your billing address.
- **Surveys and Contests**: We might collect additional information via surveys, contests, and questionnaires.
- **Optional Information**: You may provide us with your phone number or other contact details, although these are not mandatory.
Information Collected Automatically:
- We gather certain data through cookies and other tracking technologies whenever you use our Site or Services, such as your domain name, browser type, operating system, web pages viewed, links clicked, IP address, visit duration, and the referring URL.
Usage of Collected Information
The information we collect is used to:
- Provide and manage our Services,
- Communicate with you regarding your use of the Services,
- Customize and improve your experience on our Site,
- Conduct research and analysis to enhance our offerings,
- Send you updates, promotions, and marketing communications.
Sharing of Collected Information
The collected information may be shared with:
- **Affiliates**: Our affiliates may have access to your information but will adhere to this Policy.
- **Service Providers**: Third-party vendors and service providers may process information on our behalf following this Policy.
- **Business Transfers**: In cases of mergers, acquisitions, or bankruptcy, your information may be transferred to another entity.
- **Legal Obligations**: We may disclose information to comply with legal requirements or protect our rights and safety and that of others.
Cookies and Tracking Technologies
Our use of cookies and similar technologies helps track Site usage and enhances user experience. You can control the use of cookies at the browser level but disabling them may limit your use of certain Site functionalities.
Advertising
We utilize ad networks to display ads on our Site and third-party sites. These ads are tailored to your interests based on your online activities. We respect privacy and do not share personally identifying information with these third parties for their advertising purposes.
Do Not Track
Our Site currently does not respond to Do Not Track signals from browsers. For more control over information used by network advertisers, you can opt out by visiting the NAI and DAA websites.
Your Choices
You may opt-out of marketing emails by following the instructions in the emails. Opting out of marketing communications does not affect our non-promotional communications, such as those about your account or transactions.
International Data Transfers
Your information may be processed in any country where we have facilities or service providers, and by using our Site or Services, you consent to the transfer of information outside of your country.
Security Measures
We take reasonable precautions to safeguard your data but cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account.
Policy Changes
This Policy is dynamic and may be updated. Changes will be posted on the Privacy Policy page of our website.
For further details on our privacy practices, please visit PROGINI.com.
Contact Us
If you have any questions or concerns regarding the privacy aspects of our services, or if you wish to file a complaint, please reach out to us at [https://support.PROGINI.com](https://support.PROGINI.com).