BY USING THE PROSSIONI® ONLINE PROPERTIES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT. IF YOU ARE USING THE PROSSIONI® ONLINE PROPERTIES ON BEHALF OF A COMPANY OR OTHER ORGANIZATION, THEN YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 18 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
We may update this Agreement by notifying you of such updates by any reasonable means, including by posting a revised Agreement through the PROSSIONI® Online Properties. Any such update will become effective on the "Last Updated" date indicated above and such updates will not apply to any dispute between you and us arising prior to such date on which the revised Agreement incorporating such updates became effective, or otherwise notified you of such updates. Your use of the PROSSIONI® Online Properties following any changes to this Agreement will constitute your acceptance of such changes. The "Last Updated" legend above indicates when this Agreement was last updated. We may, at any time and without liability, modify or discontinue all or part of the PROSSIONI® Online Properties (including access via any third-party links); charge, modify or waive any fees required to use the PROSSIONI® Online Properties; or offer opportunities to some or all users.
Note to New Jersey customers
Information submitted via the PROSSIONI® Online Properties
Your submission of information through the PROSSIONI® Online Properties is governed by PROSSIONI®'s 'Privacy Notice', located at https://www.prossioni.com/privacy/. You represent and warrant that any information you provide in connection with the PROSSIONI® Online Properties is and will remain accurate and complete, and that you will maintain and update such information as needed.
The PROSSIONI® Online Properties are controlled or operated (or both) from the Sweden, and are not intended to subject PROSSIONI® to any non-Swedish jurisdiction or law. The PROSSIONI® Online Properties may not be appropriate or available for use in some non-Swedish jurisdictions. Any use of the PROSSIONI® Online Properties is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the PROSSIONI® Online Properties' availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
The PROSSIONI® Online Properties may make available listings, descriptions and images of goods or services or related bundles (collectively, "Products"), as well as references and links to Products. Such information and the availability of any Product (including the validity of any bundle) is subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the possession, use and sale of any Product.
We may make available the ability to purchase or otherwise obtain certain Products through the PROSSIONI® Online Properties or through other sales channels such as telephone orders, mail orders or our physical stores (a "Transaction"). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information ("Payment Information").
YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION.
By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You agree to pay all charges incurred by you or on your behalf through the PROSSIONI® Online Properties, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We and our third party payment service providers may request, and may receive from any of your payment card issuers or any payment card network, updated payment card information, such as cancellation of any payment card account, or updated payment card numbers or expiration dates. If such updated information is provided to us and/or any of our third party payment service providers, we may use that information to process any payment that you have authorized us to charge to such payment card, including payment for any outstanding balances owed by you on any purchase. By using the PROSSIONI® Online Properties and accepting this Agreement, you hereby authorize PROSSIONI® and its third party payment service providers to update your payment card information and charge your payment card using any such updated payment card information. Your payment card issuer may allow you to opt out of providing updated card information. For more information, please contact your payment card issuer. PROSSIONI® reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any bundle or similar reduction in sales price; to bar any user from making any Transaction; to cancel any Transaction even after it has been placed online through the PROSSIONI® Online Properties or via customer service and in-store, and to refuse to provide any user with any Product. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner. You agree that you will not resell any products or services obtained through a Transaction, unless we have provided our express prior written consent for you to do so. Consent Agreement for Storing Payment Information. You agree that we may store your Payment Information following your completion of a Transaction. We will only use Payment Information to finalize complete payment for any Product purchased online through the PROSSIONI® Online Properties or via customer service and in-store or to facilitate future Transactions you may initiate through the PROSSIONI® Online Properties. You may withdraw your consent permitting PROSSIONI® to store your Payment Information by emailing us at firstname.lastname@example.org. Any changes to the terms of this consent permitting PROSSIONI® to store your Payment Information will be communicated to you as described above of this Agreement. Refunds and exchanges will be subject to PROSSIONI®'s applicable refund and exchange policies. The refund and exchange policy for Transactions made through https://www.prossioni.com/ can be found here: https://www.prossioni.com/faq/. PROSSIONI® offers shipping services subject to PROSSIONI®'s applicable shipping policies. The shipping policy for Transactions made through https://www.prossioni.com/ can be found here: https://www.prossioni.com/shipping/. To the extent of any conflict between communication across PROSSIONI® Online Properties and these terms and conditions of this Agreement, this Agreement will govern.
Rules of Conduct
In connection with the PROSSIONI® Online Properties, you must not: Post, transmit or otherwise make available through or in connection with the PROSSIONI® Online Properties any materials that are or may be:
(a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others;
(b) defamatory, libelous, fraudulent or otherwise tortious;
(c) obscene, indecent, pornographic or otherwise objectionable; or
(d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
Post, transmit or otherwise make available through or in connection with the PROSSIONI® Online Properties any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment. Use the PROSSIONI® Online Properties for any purpose that is fraudulent or otherwise tortious or unlawful. Harvest or collect information about users of the PROSSIONI® Online Properties. Interfere with or disrupt the operation of the PROSSIONI® Online Properties or the servers or networks used to make the PROSSIONI® Online Properties available, including by hacking or defacing any portion of the PROSSIONI® Online Properties, or violate any requirement, procedure or policy of such servers or networks. Restrict or inhibit any other person from using the PROSSIONI® Online Properties. Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the PROSSIONI® Online Properties except as expressly authorized herein, without PROSSIONI®'s express prior written consent. Reverse engineer, decompile or disassemble any portion of the PROSSIONI® Online Properties, except where such restriction is expressly prohibited by applicable law. Remove any copyright, trademark or other proprietary rights notice from the PROSSIONI® Online Properties. Frame or mirror any portion of the PROSSIONI® Online Properties, or otherwise incorporate any portion of the PROSSIONI® Online Properties into any product or service, without PROSSIONI®'s express prior written consent. Systematically download and store content of the PROSSIONI® Online Properties. Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape", "data mine" or otherwise gather content from the PROSSIONI® Online Properties, or reproduce or circumvent the navigational structure or presentation of the PROSSIONI® Online Properties, without PROSSIONI®'s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Sites' root directories, PROSSIONI® grants to the operators of public search engines permission to use spiders to copy materials from the Sites for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. PROSSIONI® reserves the right to revoke such permission either generally or in specific cases, at any time and without notice. You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the PROSSIONI® Online Properties.
Limited Personal Use
Subject to your compliance with this Agreement, and solely for so long as you are permitted by PROSSIONI® to use the Sites, you may view one (1) copy of any portion of the Sites to which we provide you access hereunder, on any single device, solely for your personal, non-commercial use.
PROSSIONI®'s proprietary rights
We own the Sites, which are protected by proprietary rights and laws. Our trade names, trademarks and service marks, among others, include: PROSSIONI®, Progressive Design & Innovative Applications™, and any associated logos. All trade names, trademarks, service marks and logos on the PROSSIONI® Online Properties not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the PROSSIONI® Online Properties should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
PROSSIONI®'s third party relationships
Certain functionality of the PROSSIONI® Online Properties may make available access to materials made available by third parties ("Third Party Relationships"), or allow for the routing or transmission of such Third Party Relationships, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Relationships. We neither control nor endorse, nor are we responsible for, any Third Party Relationships, including the accuracy, integrity, quality, legality, usefulness or safety of Third Party Relationships, or any intellectual property rights therein. Certain Third Party Relationships may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by PROSSIONI® with respect to any Third Party Relationships. We have no obligation to monitor Third Party Relationships, and we may block or disable access to any Third Party Relationships (in whole or part) through the PROSSIONI® Online Properties at any time. In addition, the availability of any Third Party Relationships through the PROSSIONI® Online Properties does not imply our endorsement of, or our affiliation with, any provider of such Third Party Relationships, nor does such availability create any legal relationship between you and any such provider.
YOUR USE OF THIRD PARTY RELATIONSHIPS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY RELATIONSHIPS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY RELATIONSHIPS).
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE PROSSIONI® ONLINE PROPERTIES AND ANY PRODUCTS AND THIRD PARTY RELATIONSHIPS ARE MADE AVAILABLE TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (B) PROSSIONI® DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE PROSSIONI® ONLINE PROPERTIES AND ANY PRODUCTS AND THIRD PARTY RELATIONSHIPS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. THE PRODUCTS ARE NOT DESIGNED FOR COMMERCIAL USE (SUCH AS USE IN HOTELS, RESTAURANTS OR ANY OTHER PLACE WHERE THE PUBLIC MAY USE A PRODUCT OUTSIDE OF A PRIVATE RESIDENTIAL SETTING), AND, WITHOUT LIMITING ANY OTHER DISCLAIMER HEREIN, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ALL LIABILITY FOR ANY DAMAGES ARISING FROM SUCH COMMERCIAL USE. THIS SECTION DOES NOT AFFECT ANY EXPRESS WARRANTIES THAT WE MAY PROVIDE DIRECTLY TO YOU IN WRITING WITH RESPECT TO PRODUCTS PURCHASED THROUGH THE PROSSIONI® ONLINE PROPERTIES. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH PROSSIONI® AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE "AFFILIATED ENTITIES").
While we try to maintain the timeliness, integrity and security of the PROSSIONI® Online Properties, we do not guarantee that the PROSSIONI® Online Properties are or will remain updated, complete, correct or secure, or that access to the PROSSIONI® Online Properties will be uninterrupted. The PROSSIONI® Online Properties may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the PROSSIONI® Online Properties. If you become aware of any such alteration, please contact us by sending an e-mail to email@example.com and providing a description of such alteration.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: PROSSIONI® WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION TRANSMITTED VIA THE PROSSIONI® ONLINE PROPERTIES (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF SUCH INFORMATION), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) PROSSIONI® WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE PROSSIONI® ONLINE PROPERTIES OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS; (B) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PROSSIONI® ONLINE PROPERTIES OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP USING THE PROSSIONI® ONLINE PROPERTIES; AND (C) THE MAXIMUM AGGREGATE LIABILITY OF PROSSIONI® FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF: (1) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO PROSSIONI®® TO USE THE RH ONLINE PROPERTIES; AND (2) TEN (10) U.S. DOLLARS ($). ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH PROSSIONI® AND THE AFFILIATED ENTITIES.
Applicable law is the country of Sweden and limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.
To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless PROSSIONI® and the Affiliated Entities from and against all claims, losses, costs and expenses (including attorneys' fees) arising out of (a) your use of, or activities in connection with, any of the PROSSIONI® Online Properties; and (b) any violation or alleged violation of this Agreement by you.
This Agreement is effective until terminated. PROSSIONI® may terminate or suspend your use of any or all of the PROSSIONI® Online Properties at any time and without prior notice, including if PROSSIONI® believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the PROSSIONI® Online Properties will immediately cease, and PROSSIONI® may, without liability to you or any third party, immediately deactivate or delete your data such and all associated materials, without any obligation to provide any further access to such materials. All possible sections of this Agreement shall survive any expiration or termination of this Agreement.
Disputes and Governing Law
Any dispute, controversy or claim arising out of, or in connection with, this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English, unless the parties have agreed otherwise.
The Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply, unless the institute – taking into account the complexity of the case, the amount in dispute and other circumstances – determines, in its sole discretion, that the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply. In the latter case, the institute shall also decide whether the arbitral tribunal shall be composed of one or three arbitrators.
The parties undertake and agree that all arbitral proceedings conducted with reference to this arbitration Clause will be kept strictly confidential. This notwithstanding, a party shall not be prevented from disclosing such information in order to safeguard in the best possible way its rights vis-à-vis the other parties in connection with the dispute, or if such a right exists pursuant to statute, regulation, a decision by an authority, a stock exchange rules or similar.
Any party, before or during any arbitral proceedings, may apply to a court having jurisdiction for a temporary restraining order or preliminary injunction where such relief is necessary to protect its interests pending completion of the arbitral proceedings.
This terms of this Agreement shall be governed by and construed in accordance with the laws of Sweden, without regard to its choice of law provisions.
We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that PROSSIONI® does not endorse any of the products or services listed on https://en.wikipedia.org/.
If you have a question or complaint regarding any of the PROSSIONI® Online Properties, please contact us by sending an email to firstname.lastname@example.org.
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and PROSSIONI®. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term "including" or variations thereof in this Agreement shall be construed as if followed by the phrase "without limitation". This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and PROSSIONI® relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and PROSSIONI® relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the PROSSIONI® Online Properties or by email (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. PROSSIONI® will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
California Transparency in Supply Chains Act (SB 657) Disclosure
PROSSIONI® is providing the following disclosure in compliance with The California Transparency in Supply Chains Act of 2010 (SB 657), which requires that companies disclose their efforts to eradicate slavery and human trafficking from their direct supply chains.
PROSSIONI® requires that vendors not use child labor or involuntary labor.
PROSSIONI® also requires that vendors conduct their operations in accordance with all laws applicable to their businesses.
PROSSIONI® reviews our suppliers facilities in order to confirm that they are in compliance with all required policies.
PROSSIONI® train our employees who are responsible for procuring products on the importance of confirming that our vendors comply with our standards, including prohibitions on child labor and involuntary labor. We also train our employees to identify and respond to concerns about labor practices in the supply chain that might arise from time to time.
PROSSIONI® terminates any business relationship with any vendor or take other actions with that vendor to remediate any problems that had been identified to violate The California Transparency in Supply Chains Act of 2010 (SB 657).