Propono Terms of Service

Effective July 8, 2024

1. Introduction and Acceptance of Terms

Welcome to Propono! We’re excited to have you join our community. These Terms of Service (“Terms”) govern your access to and use of Propono’s services, including our mobile applications, website, and any other software or services offered by Propono in connection to any of the foregoing (“the Service”).

By accessing or using the Service, you agree to be bound by these Terms and all applicable laws, rules and regulations. You also agree to our Privacy Policy, which explains how we collect, use, and protect your personal information.

Please read these Terms carefully. If you don’t agree with them, please don’t use Propono. By using the Service, you’re telling us that:

  1. You’ve read and understood these Terms
  2. You’re 13 years of age or older (or have your parent/guardian’s consent to use Propono)
  3. You have the authority to enter into these Terms
  4. You agree to be legally bound by these Terms

We may update these Terms from time to time to reflect changes in our practices or for legal, operational, or regulatory reasons. We’ll post the revised Terms on the Service with a new effective date. By continuing to use Propono after we make these changes, you agree to the revised Terms.

If you have any questions about these Terms or our Service, please contact us at [email protected].

Let’s embark on this culinary journey together, responsibly and respectfully!

2. Definitions

To help you navigate these Terms, here are some key definitions:

These definitions help clarify the terms used throughout this document.

3. Eligibility and Account Creation

3.1 Eligibility

To use Propono, you must be at least 13 years old. If you’re under 18, you need to have your parent or legal guardian’s permission to use Propono and to accept these Terms. By using Propono, you’re telling us that you have that permission.

Some of Propono’s features may have additional age requirements. We’ll let you know about these when relevant.

3.2 Account Creation

While you can browse Propono without an account, you’ll need to create one to access certain features like writing reviews, adding photos, checking in to places, or creating Albums and Compare Sets.

When you create an account, you agree to provide accurate, current, and complete information. This may include your first name, last name, email address, and optionally, your zip code and birthday. You’re responsible for keeping this information up to date.

You can sign up using your email address or through integrations with Apple, Google, or Facebook. If you choose to use these integrations, you’re allowing us to access basic profile information from these platforms.

3.3 Account Security

Your account is personal to you, and you’re responsible for keeping it secure. This means:

You’re responsible for all activities that occur under your account, whether or not you know about them.

3.4 Multiple Accounts

One person, one account. You’re not allowed to create or use more than one account unless we give you specific permission to do so. If we suspect that you have more than one account, we may terminate, suspend, or place restrictions on your accounts.

3.5 Account Termination

You can close your account at any time by following the instructions in our Help Center. We may also suspend or terminate your account if you violate these Terms or if we believe your use of Propono poses a risk to us or other users.

If your account is terminated, you may lose access to your Content, Propono Content, and any other data associated with your account. We’re not responsible for any loss of data or content resulting from account termination.

Remember, Propono is all about sharing great food experiences. By creating an account, you’re joining a community of food lovers. Let’s keep it fun, and respectful.

4. Use of the Service

4.1 General Use Requirements

To ensure Propono remains a positive platform for all users, you must adhere to the following rules:

a) Use Propono for your personal, non-commercial use unless you have our express written permission otherwise.

b) Do not use Propono in any way that violates any applicable laws or regulations.

c) Respect the intellectual property rights of others, including Propono.

d) Do not attempt to gain unauthorized access to any part of the Service or any system or network connected to Propono.

e) Do not interfere with or disrupt the integrity or performance of the Service or third-party data contained therein.

f) Do not use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission.

4.2 User Content

Propono thrives on the contributions of our users. When you create or share content on Propono:

a) You retain ownership of your content, but you grant Propono a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content in any and all media or distribution methods.

b) You are responsible for your content. You must ensure you have the right to post it and that it does not violate any laws or these Terms.

c) We may remove any content that violates these Terms or that we believe may harm Propono, our users, or third parties.

4.3 Public Nature of the Service

Propono is a public platform. You acknowledge and agree that:

a) Your reviews, photos, check-ins, Albums, and Compare Sets may be visible to other users and the general public.

b) Your profile information, including your name and location, may be visible to others.

c) You must be mindful of what you share. Do not post sensitive personal information about yourself or others.

4.4 Features and Functionality

Propono offers various features to enhance your experience:

a) Reviews and Ratings: Share your honest opinions about places you’ve visited.

b) Check-ins: Record and remember the places you’ve been. You can tag other users in your check-ins and add notes. Your check-in history is available on your profile page, organized by timeline or by place.

c) Albums: Create and share curated lists of places.

d) Compare Sets: Tag and compare places side by side, and share these comparisons with others.

e) Aggregated Information: We provide aggregated ratings and review snippets from various sources to give you a comprehensive view of a place.

4.5 Third-Party Links and Content

Propono may contain links to third-party websites or resources. We are not responsible for the content or practices of these third parties. You access them at your own risk and should read their terms and privacy policies.

4.6 Modifications to the Service

We continuously work to improve Propono. We reserve the right to add, change, or remove features, or suspend or stop the Service altogether. We will attempt to provide notice when we make significant changes, but we are not obligated to do so.

By using Propono, you agree to abide by these rules and help us maintain a positive, useful community for all food lovers.

5. Communications

5.1 Communications from Propono

By using our Service, you agree to receive communications from Propono. These may include:

a) Service-related announcements b) Updates about new features or changes to our Terms or Privacy Policy c) Promotional messages about Propono, featured content, or businesses listed on Propono d) Recommendations and personalized content based on your activity

We may contact you through various channels, including but not limited to:

You can manage your communication preferences in your account settings. However, you may still receive service-related communications that are essential to your use of Propono.

5.2 Communications from Other Users

Propono allows users to interact with each other in various ways, including:

a) Tagging other users in check-ins b) Sharing Albums and Compare Sets c) Any other user-to-user communication features we may introduce

You are responsible for your interactions with other users. We reserve the right to monitor and moderate these communications to maintain a positive community environment.

5.3 Third-Party Communications

If you choose to connect your Propono account with third-party services (like Facebook for finding friends), you may receive communications related to these connections. Please review the privacy policies of these third-party services for more information.

5.4 Business Promotions

Some communications you receive through Propono may promote businesses listed on our platform. These may include special offers, event announcements, or other promotional content. While we strive to make these relevant to your interests, you can adjust your preferences for receiving such promotional content in your account settings.

By using Propono, you agree to receive these types of communications. Remember, your engagement with our platform helps us provide you with more personalized and relevant content.

6. Content and Data

6.1 Types of Content

Propono hosts and displays various types of content:

a) User-Generated Content: This includes reviews, ratings, photos, check-ins, Albums, Compare Sets, and any other content you and other users create and share on Propono.

b) Propono Content: This is content that we create and make available on the Service, including text, graphics, user interface, visual interface, photographs, trademarks, logos, and other information.

c) Third-Party Content: This includes content from other sources that we aggregate and display on Propono, such as ratings, review snippets, and information about places.

6.2 Your Content

When you post content on Propono:

a) You retain ownership of your content. However, by posting, you grant Propono a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, copy, modify, create derivative works from, distribute, publicly display, publicly perform, and otherwise exploit in any manner such content in all formats and distribution channels now known or hereafter devised, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

b) You represent and warrant that you own or have the necessary rights to grant us the license described above, and that your content doesn’t violate any intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

c) You are solely responsible for your content. We may, but have no obligation to, review, monitor, or remove content that we determine, in our sole discretion, violates our Terms or may be offensive or illegal, or violate the rights of, harm, or threaten the safety of users or others.

6.3 Propono’s Use of Content

We aggregate, curate, and display content from various sources to provide a comprehensive resource for our users. This includes:

a) Displaying user-generated content, including reviews, photos, and ratings.

b) Aggregating and displaying ratings and review snippets from third-party sources. We provide attribution to these sources and link back to the original content where applicable.

c) Showcasing curated reviews from established food critics, respected bloggers, and reputable food-focused websites, linking to their full articles when available.

We strive to attribute all content to its original source appropriately.

6.4 Content Removal and Reporting

We respect the rights of content owners and strive to maintain the integrity of our platform. To that end:

a) If you believe content on Propono infringes your copyright, please contact us with a detailed report at [email protected]. We will respond to notices of alleged copyright infringement that comply with applicable law.

b) If you find content that you believe violates our Terms or is otherwise inappropriate, please use our reporting feature to bring it to our attention.

c) We reserve the right to remove any content from Propono for any reason, without prior notice. This includes content that violates our Terms, poses a risk to our users or the public, or for any other reason we deem necessary.

d) If your content is removed and you believe this was done in error, you may appeal the decision through our designated channels. For inquiries about content removal, please contact [email protected].

6.5 Data Usage and Analytics

We collect and analyze data about how you use Propono to improve our Service and provide personalized experiences. This may include:

a) Analyzing search patterns and preferences to improve our recommendations.

b) Using check-in data to understand popular places and trends.

c) Aggregating user behavior to provide insights to businesses (in a non-personally identifiable manner).

For more details on how we collect, use, and protect your data, please refer to our Privacy Policy.

By using Propono, you acknowledge and agree to our content practices as described in this section. We’re committed to providing a rich, informative platform while respecting the rights of content creators and maintaining the integrity of our Service.

7. Privacy and Data Usage

At Propono, we take your privacy seriously. This section outlines our key privacy and data usage practices. For a more comprehensive understanding, please refer to our full Privacy Policy.

7.1 Data Collection

a) When you use Propono, we collect various types of information, including:

b) We use cookies and similar technologies to enhance your experience and collect data about how you use our Service.

7.2 Use of Your Data

We use your data to:

a) Provide, maintain, and improve our Service b) Personalize your experience c) Communicate with you about our Service d) Analyze usage patterns and trends e) Detect, prevent, and address technical issues or violations of our Terms

7.3 Sharing Your Data

a) We do not sell your personal data to third parties.

b) We may share aggregated, non-personally identifiable information with third parties, including businesses listed on Propono, for analytical or promotional purposes.

c) We may share your information in the following circumstances:

7.4 Data Security

We implement reasonable security measures to protect your personal information. However, no method of transmission over the Internet or electronic storage is 100% secure. We cannot guarantee absolute security of your data.

7.5 Your Choices

You have certain rights regarding your data:

a) You can access, update, or delete your account information at any time through your account settings.

b) You can choose not to provide certain information, but this may limit your ability to use some features of our Service.

c) You can opt-out of certain types of communications from us.

7.6 Children’s Privacy

Propono is not intended for children under 13. We do not knowingly collect personal information from children under 13. If we learn we have collected personal information of a child under 13, we will take steps to delete such information.

7.7 Changes to Our Privacy Practices

We may update our privacy practices from time to time. We will notify you of any material changes by posting the new Privacy Policy on this page and updating the “Last Updated” date.

7.8 Contact Us

If you have any questions about our privacy practices or this Privacy Policy, please contact us at [email protected].

By using Propono, you agree to our privacy practices as described here and in our full Privacy Policy. We encourage you to review our full Privacy Policy for more detailed information about how we collect, use, and protect your data.

8. Intellectual Property Rights

8.1 Propono’s Intellectual Property

a) The Service, including its text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and curated public Albums, is the property of Propono or its licensors and is protected by United States and international copyright laws.

b) Propono’s curated public Albums, including the selection, arrangement, and presentation of places within these Albums, represent original compilations created by Propono and are protected as intellectual property of Propono.

c) The trademarks, service marks, and logos used and displayed on Propono are Propono’s or its licensors’ registered and unregistered trademarks. You are not permitted to use these trademarks without our prior written consent or the consent of such third party who may own the trademarks.

8.2 License to Use Propono

Subject to these Terms, Propono grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal, non-commercial use. This license does not include any right to:

a) Resell or make any commercial use of the Service or its contents; b) Reproduce, distribute, publicly perform or display, modify, or make derivative works of the Service or its contents; c) Copy or use any data mining, robots, or similar data gathering and extraction tools; d) Download (other than page caching) any portion of the Service or its contents, except as expressly permitted by us.

8.3 User Content

a) You retain all ownership rights to the content you submit to Propono. However, by submitting content to Propono, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your content in connection with the Service and Propono’s business, including for promoting and redistributing part or all of the Service.

b) You represent and warrant that you own or have the necessary rights to grant us the license described above, and that your content does not violate any intellectual property rights of any third party.

8.4 Third-Party Intellectual Property

a) Propono respects the intellectual property rights of others. We display content from various third-party sources, including user reviews, ratings, and information about places. This content remains the property of its original owners and is used under license or as permitted by law.

b) We provide attribution to third-party sources and link back to original content where applicable.

8.5 Copyright Infringement Claims

If you believe that any content on Propono infringes upon your copyright, please notify us by providing the following information to [email protected]:

a) A description of the copyrighted work that you claim has been infringed; b) A description of where the material that you claim is infringing is located on Propono; c) Your address, telephone number, and email address; d) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; e) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

8.6 Repeat Infringers

Propono has a policy of terminating the accounts of users who repeatedly infringe the intellectual property rights of others.

By using Propono, you agree to respect the intellectual property rights of Propono, its users, and third parties. We take intellectual property rights seriously and expect our users to do the same.

9. User Conduct and Community Guidelines

At Propono, we aim to create a vibrant, respectful community of food enthusiasts. To maintain this environment, we expect all users to adhere to the following guidelines:

9.1 General Conduct

As a Propono user, you agree to:

a) Use the Service in compliance with all applicable laws and regulations. b) Treat other users, businesses, and Propono staff with respect and courtesy. c) Provide truthful and accurate information in your reviews, check-ins, and other contributions. d) Respect the intellectual property rights of Propono and other users.

9.2 Prohibited Activities

You must not engage in any of the following activities:

a) Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity. b) Harassing, threatening, or intimidating other users or businesses. c) Posting content that is defamatory, obscene, pornographic, abusive, offensive, or hateful. d) Attempting to gain unauthorized access to Propono’s systems or other users’ accounts. e) Using the Service for any illegal or unauthorized purpose. f) Interfering with or disrupting the Service or servers or networks connected to the Service. g) Posting fake or malicious reviews, or engaging in any form of review manipulation. h) Selling, trading, or exchanging reviews or other user contributions for any form of compensation. i) Violating the privacy of other users by sharing their personal information without consent.

9.3 Content Guidelines

When contributing content to Propono, ensure that your contributions:

a) Are based on your genuine experiences and opinions. b) Do not contain hate speech, threats, or discriminatory language. c) Do not include personal information about others without their consent. d) Do not infringe on copyrights, trademarks, or other intellectual property rights. e) Do not contain spam, advertisements, or promotional content.

9.4 Reporting Violations

If you encounter content or behavior that violates these guidelines, please report it to us immediately using the reporting features within the Service or by contacting us at [email protected].

9.5 Consequences of Violations

Violation of these guidelines may result in:

a) Removal of the offending content. b) Temporary or permanent suspension of your account. c) Restriction of your ability to post content or interact with other users. d) Legal action, if necessary.

9.6 Modifications to Guidelines

Propono reserves the right to modify these guidelines at any time. We will notify users of significant changes through the Service or via email.

By using Propono, you agree to abide by these User Conduct and Community Guidelines. We appreciate your cooperation in maintaining Propono as a positive and valuable resource for food lovers everywhere.

10. Modifications to the Service

Propono is constantly evolving to better serve our community of food enthusiasts. As such, we may need to make changes to our Service from time to time. This section outlines how we handle modifications to the Service.

10.1 Types of Modifications

We may modify, update, or discontinue any aspect of the Service, including but not limited to:

a) Features and functionality b) User interface and design c) Content display and organization d) Algorithms for recommendations and search results e) Terms of Service and other policies

10.2 Notice of Modifications

a) For significant changes to the Service or these Terms, we will make reasonable efforts to provide notice to you. This may be done through the Service itself, via email, or through other reasonable means.

b) For minor changes, we may not provide specific notice. We encourage you to review our Terms and explore the Service regularly to stay informed about any updates.

10.3 Continued Use of the Service

Your continued use of Propono after any modifications to the Service or these Terms constitutes your acceptance of such changes. If you do not agree with any modifications, you must discontinue using the Service.

10.4 Impact on User Content

a) We will make reasonable efforts to ensure that modifications to the Service do not materially affect the accessibility or integrity of User Content you have submitted to Propono.

b) However, due to the nature of digital services, we cannot guarantee that your User Content will always be available in the same form or manner following modifications to the Service.

10.5 Discontinued Features or Services

a) We reserve the right to discontinue any feature, functionality, or aspect of the Service at any time, with or without notice.

b) In the event of discontinuation, we will make reasonable efforts to provide a transition period or alternative solution where appropriate.

10.6 Beta Features

From time to time, we may offer beta or experimental features. These are subject to change or removal at any time without notice. By using beta features, you acknowledge and accept that they may not be as reliable or stable as other parts of the Service.

10.7 Third-Party Integrations

Propono may integrate with third-party services to enhance functionality. These integrations may be modified, added, or removed based on various factors, including changes in partnership agreements or technical requirements.

By using Propono, you acknowledge and agree that the Service is dynamic and may change over time. We strive to evolve in ways that improve your experience and the value we provide to our community. If you have any questions or concerns about modifications to the Service, please contact us at [email protected].

11. Termination

11.1 Termination by You

a) You may terminate your account and your right to use the Service at any time by following the instructions in our Help Center or by canceling your account in the Settings section of the Propono service.

b) Upon termination, you will no longer have access to your account or any User Content you have submitted to Propono.

11.2 Termination by Propono

a) Propono reserves the right to suspend or terminate your account or your access to all or part of the Service at any time, for any or no reason, with or without notice, and without liability to you.

b) Reasons for termination may include, but are not limited to:

11.3 Effects of Termination

Upon termination of your account:

a) Your right to access and use the Service will immediately cease.

b) We may (but are not obligated to) delete any of your User Content hosted on Propono. We recommend you keep backup copies of any User Content you wish to preserve.

c) Any licenses you have granted to Propono for the use of your User Content will survive termination, as outlined in Section 8.3 of these Terms.

d) Propono will not be liable to you or any third party for termination of your account or access to the Service.

11.4 Survival

The following sections of these Terms will survive termination:

11.5 Reactivation

If your account has been terminated, you may not create a new account or attempt to access the Service without our express permission.

By using Propono, you acknowledge and agree that we may terminate your access to the Service as described in this section. We encourage you to familiarize yourself with our policies and to use Propono in a manner consistent with our Terms and Community Guidelines to avoid any disruption to your service.

12. Disclaimers and Limitations of Liability

12.1 Disclaimers

a) THE SERVICE AND ALL CONTENT THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

b) PROPONO SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO:

c) PROPONO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE.

12.2 User Responsibility

a) YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

b) YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICE.

c) YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO.

12.3 Limitations of Liability

a) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROPONO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

b) IN NO EVENT SHALL PROPONO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID PROPONO IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

12.4 Exclusions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12.5 Basis of the Bargain

YOU ACKNOWLEDGE AND AGREE THAT PROPONO HAS OFFERED THE SERVICE AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US.

12.6 User Content and Third-Party Links

PROPONO IS NOT RESPONSIBLE FOR THE CONTENT OR ACTIONS OF ANY THIRD PARTY WEBSITES OR SERVICES ASSOCIATED WITH OR LINKED TO FROM PROPONO, INCLUDING THE ACCURACY, RELIABILITY, OR APPROPRIATENESS OF THEIR CONTENT. YOUR USE OF SUCH THIRD-PARTY WEBSITES OR SERVICES IS AT YOUR OWN RISK AND IS SUBJECT TO THEIR TERMS OF SERVICE AND PRIVACY POLICIES.

By using Propono, you acknowledge and agree to these disclaimers and limitations of liability. If you do not agree with these terms, please do not use our Service.

13. Dispute Resolution and Arbitration

13.1 Governing Law

These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.

13.2 Agreement to Arbitrate

You and Propono agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Service (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

13.3 Arbitration Procedures

a) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect.

b) The arbitration will be conducted in New York, New York, unless you and Propono agree otherwise.

c) The arbitrator will have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

13.4 Class Action Waiver

YOU AND PROPONO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13.5 Time Limitation on Claims

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

13.6 Modifications to this Arbitration Agreement

Notwithstanding any provision in these Terms to the contrary, we agree that if Propono makes any future change to this arbitration agreement, you may reject any such change by sending us written notice within 30 days of the change to [email protected].

13.7 Severability

If any part of this arbitration agreement is found to be invalid or unenforceable, then that specific part shall be of no force and effect and shall be severed, but the remainder of the agreement will continue in full force and effect.

13.8 Survival of Agreement

This arbitration agreement will survive the termination of your relationship with Propono.

By using Propono, you acknowledge and agree to these dispute resolution and arbitration terms. These provisions are designed to provide a fair and efficient means of resolving disputes between you and Propono.

14. General Terms

14.1 Entire Agreement

These Terms constitute the entire agreement between you and Propono regarding your use of the Service, superseding any prior agreements between you and Propono relating to your use of the Service.

14.2 Waiver and Severability

a) The failure of Propono to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

b) If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

14.3 Assignment

a) You may not assign or transfer these Terms, by operation of law or otherwise, without Propono’s prior written consent.

b) Propono may assign these Terms in whole or in part to any person or entity at any time with or without your consent.

14.4 No Third-Party Beneficiaries

These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.

14.5 Notices

a) Any notices or other communications provided by Propono under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Service.

b) For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

14.6 Relationship of the Parties

Nothing in these Terms shall be construed as creating a partnership, joint venture, employment or agency relationship between you and Propono.

14.7 Force Majeure

Propono shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

14.8 No Endorsement

Propono does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Propono expressly disclaims any and all liability in connection with User Content.

14.9 Headings and Summaries

The section headings and summaries in these Terms are for convenience only and have no legal or contractual effect.

14.10 Contact Information

If you have any questions about these Terms, please contact us at [email protected].

By using Propono, you acknowledge that you have read and understood these General Terms, and agree to be bound by them.