Hello! We invite you to review the Proghub Terms of Service (“Terms”).
The following Terms and Conditions are important information as they:
- describe your legal rights in relation to Proghub;
- explain what rights you grant us when using Proghub;
- describe the rules that all Proghub users must follow;
Let's get started!
Thank you for choosing Proghub (“Proghub”, “proghub.io”, “we”, “us”, “us”, “our”). Proghub provides test-passing and problem-solving services for programmers, as well as other products and services that may be added from time to time. By registering or otherwise using any of these Proghub services, including all related features and capabilities, websites and user interfaces, and all materials and software applications associated with our services (collectively, the "Proghub Service" or " Service "), or by accessing content or materials that are provided through Proghub, you are entering into an agreement with Proghub, which is described in section 25 (" Contact Information ").
Your agreement with us includes these Terms and any additional terms that you accept as described in the "Comprehensive Agreement" section below, excluding the terms of agreements with third parties (collectively, the "Agreements"). The Agreements include terms regarding future changes to the Agreements, export controls, automatic renewals, limitations of liability, confidentiality, class action waiver (# s24-2) and dispute resolution through arbitration rather than in court. If you would like to review the terms of the Agreements, the current version of the Agreements is available on the Proghub website. You acknowledge that you have read and understood these Agreements, accept them and agree to abide by them. If you do not agree with the Agreements or cannot comply with them, you are not entitled to use Proghub or access any materials from the service.
In order to use the Proghub Service and access the Materials, you must 1) comply with the age restrictions indicated in the table below; 2) have the right to enter into a legally binding contract with us and not have any restrictions on its conclusion in accordance with applicable law; 3) be located in a country where the Service is available. You also acknowledge that any registration information you provide to Proghub is true, accurate and complete, and you agree to keep it current.
2 Modifying Agreements
Sometimes we can make changes to the Agreements if there are good reasons, for example, to improve existing functions and capabilities or add new functions and capabilities to the Service, introduce scientific and technological innovations, make the necessary technical changes to the Service, ensure the operability or security of the Service, as well as legal or regulatory reasons. For each such material change to the Agreements, we will notify you in a manner that is appropriate in the circumstances, such as by posting a prominent notice, requesting your consent through the Service, or by sending you an email. In some cases, we will notify you in advance of the changes, and your continued use of the Service after the changes have been made will indicate your acceptance of the changes. Therefore, we strongly recommend that you carefully study any such notices. If you do not want to continue using the Service in accordance with the new edition of the Agreements, you can delete your account by contacting us. If you received a Trial or Paid Subscription through a third party, you must cancel the applicable Paid Subscription through that third party.
3 Using Proghub
Below we provide you with useful information on how to make using Proghub as convenient as possible.
3.1 Service Options
You will find a description of the Service options on our website. The Proghub service is available and includes two versions of the Proghub for Programmers Service and the Proghub Recruiting Service. Service "Proghub for programmers" and Service "Proghub Recruiting" do not require payment to start using. Service "Proghub for programmers" is available to all users after registration in the Service "Proghub". The Proghub Recruiting service is not available to all users. A user registered through the registration form for a recruiter becomes a user of the Proghub Recruiting Service. We may also offer special advertising programs, memberships or services, including offering third-party products and services in conjunction with or through the Proghub Service. We are not responsible for products and services provided by third parties. We reserve the right to revise, discontinue or otherwise change the offered subscription programs and promotional offers at any time in accordance with these Terms.
The Proghub Recruiting service is free of charge at the Basic Proghab tariff. If you cancel your subscription to a paid plan or your subscription to the selected plan is interrupted (for example, if you change your billing information), you may not be able to re-subscribe to the selected plan. Please note that in the future, access to any of the tariffs may be terminated, in which case we will no longer charge a fee for the Proghub Recruiting Service.
If you have purchased or received a code, gift card, prepaid offer, or other offer provided or sold by Proghub, your use of the Service may also be subject to separate terms and conditions accompanying the code, gift card, prepaid offer or other offer, and you agree to be bound by such terms.
4 Payment, cancellation and cooling off period
You can purchase a Paid Subscription directly from Proghub. Proghub may change the cost of Paid Subscriptions from time to time, including recurring subscription fees, Code, and will notify you of any price changes in advance and, if applicable, notify you of the change. The change in price will take effect from the beginning of the next subscription period after such a change in price. Subject to the requirements of applicable law, by continuing to use the Proghub Service after the price change, you agree to the new price. If you disagree with the price change, you have the right to reject the change by canceling the Paid subscription before the price change date.
If you purchased a Paid Subscription, you can change your mind for any reason or no reason. To unsubscribe from a Paid subscription, upgrade to a free subscription.
4.2 Renewals and Cancellations
Unless the Paid Subscription was purchased for the Prepaid Period only, the next period fee to Proghub or the third party through which you purchased the Paid Subscription will be automatically charged at the end of the applicable subscription period, 4 days before the end of the subscription period, if you will not cancel a Paid Subscription before the end of the current subscription period if you purchased a Paid Subscription through Proghub, or through a third party if you purchased a Paid Subscription through such a third party. Cancellation will occur the day after the last day of the current subscription period and you will be transferred to the Free plan. If you purchased a Paid Subscription through Proghub and canceled the payment or Paid Subscription and / or terminated any of the Agreements 1) after the expiration of the Cooling Period (if applicable); or 2) prior to the end of the current subscription, we will not refund any previously paid subscription fees. The Proghub Service is not obligated to make a full refund of the funds paid by Proghub.
If you purchased a Paid Subscription using additional conditions of the Code, your subscription will be automatically terminated at the end of the period specified in the Code, or if the funds deposited are insufficient to pay for the Service. If you purchased a Paid Subscription from a third party, you must cancel your subscription directly through that third party.
5 Using our service
The Proghub Service and Materials are owned by Proghub or the Proghub licensors. We grant you a limited, non-exclusive, revocable permission to use the Proghub Service and a limited, non-exclusive, early revocation permission to use the Materials for personal and non-commercial purposes (collectively, “Access”). This Access is provided to you until you or Proghub terminate it. You agree and agree to use the Proghub Service and Materials for your personal, non-commercial and commercial use, and not distribute or transfer access to the Proghub Service or Materials to others.
The Proghub software applications and Materials are not sold or transferred to you, and Proghub and its licensors retain exclusive rights and ownership of all copies of the Proghub software applications and Materials even after they are installed on your personal computers, mobile phones, tablets, wearable devices, speakers. and / or other devices ("Devices").
All Proghub trademarks, service marks, trade names, logos, domain names and other brand names (“Proghub Brand Marks”) are owned exclusively by Proghub or its licensors. The agreements do not give you any rights to use any Proghub Brand Marks, either for commercial or non-commercial purposes.
You agree to abide by the User Guidelines and not use the Proghub Service, Materials or any part of them in any way that is not expressly permitted by the Agreements. Except for the rights expressly granted to you in the Agreements, Proghub grants you no rights in relation to the Proghub Service or the Materials.
Third party software (such as open source libraries) used in the Proghub Service is provided to you under the applicable license terms of such third party software published in the Help or Settings section of our PC, mobile phone and / or our applications. website.
6 Third Party Apps and Devices
7 Custom Content
Proghub users may post, upload or otherwise provide materials through the Service (eg, images, text, comments, information, company names, task titles, test titles, descriptions, and / or other types of materials) (“User Submissions”).
With respect to any User Submissions posted on Proghub, you acknowledge that 1) you are the copyright holder of the User Submissions or have the right to post them; 2) such User Materials or their use by Proghub in accordance with the Agreements does not violate the Agreements or any other rights described in the Rules for Users, applicable law, intellectual property rights, moral rights or other rights of third parties, and does not imply the existence of any relationship with you or endorsement of you or your User Submissions by Proghub or any performer, entity or individual, without express written consent from Proghub or such individual or entity; 2) transfer of rights to User Content in favor of the Proghub Service;
Proghub may, but is not obligated to, track, view, or edit User Submissions. In all cases, Proghub reserves the right to remove User Content or disable access to it for any reason or no reason, including User Content that Proghub believes violates the Agreement. Proghub may perform these actions without giving prior notice to you or to third parties. Removal or disabling of User Content is at our sole discretion, and we do not guarantee that any User Content will be removed or disabled.
You are solely responsible for all User Submissions you post. Proghub is not responsible for the User Content and does not endorse the opinions contained therein. TO THE EXTENT ALLOWED BY APPLICABLE LOCAL LAW, YOU AGREE THAT IN THE EVENT OF COMPLAINT TO PROGHUB REGARDING you post User Materials, you'll reimburse PROGHUB ALL DAMAGES, LOSSES AND EXPENSES OF ANY KIND (INCLUDING REASONABLE legal expenses) incurred as a result of such COMPLAINTS.
8 The rights you grant to us
Subject to the rights granted to you under the terms of the Agreements, you grant us the right to 1) allow the Proghub Service to use the processor, Internet traffic and memory on your Device in order to ensure the operation of the Service; 2) provide you with advertising and other information; 3) collect information about your device; 4) allow our business partners to do the same. Any part of the Proghub Service, the Materials you use, including their selection and posting, may be dependent on commercial considerations, including Proghub's agreements with third parties.
If you provide feedback, ideas or suggestions to Proghub in connection with the Proghub Service or Materials ("Feedback"), you acknowledge that such Feedback is not confidential and you authorize Proghub to use this Feedback without restriction and without payment. Feedback is considered a subtype of User Submissions.
You grant Proghub a non-exclusive, royalty-free, perpetual (or, in jurisdictions where this is prohibited, valid for the term of the Agreements, and then for another 20 (twenty) years), irrevocable, fully paid license for the territory of the whole world, with the right of assignment rights and obligations, the granting of sub-licenses to use, copy, communicate to the public (such as performance or display), publish, translate, modify, create derivative works and distribute your User Content in connection with the Service in any medium, alone or in combination with other Materials or content, using any method, method or technology, both known and created in the future. In addition to the rights expressly granted in the Agreements, you retain all rights, including intellectual property rights, in relation to the User Content. If applicable and permitted by applicable law, you also agree to waive any non-proprietary or similar rights, such as the right to be credited as the author of User Content, including Feedback, Comments, Questions, Tests, Tasks, etc.
9 Rules for users
Proghub respects intellectual property rights and expects the same from you. We have developed a few basic rules that you must follow when using the Service in order to make Proghub comfortable for everyone. You must follow these guidelines and encourage other users to do the same. The following actions are prohibited under any circumstances:
- copying, further distribution, “capture”, recording, transmission, public reproduction, display or communication to the public of any part of the Proghub Service or Materials, or other use of the Proghub Service or Materials that is not expressly permitted by the terms of the Agreements or applicable law, or otherwise violates intellectual property rights (for example, copyrights) in relation to the Proghub Service, Materials or parts thereof;
- using the Proghub service to import or copy any local files that you are not legally entitled to import or copy;
- transfer of copies of Materials from an authorized Device to any other Device by any means;
- reverse engineering, decompilation, disassembly, modification or creation of derivative works based on the Proghub Service, Materials or parts thereof, except as permitted by applicable law. \ [If applicable law permits you to decompile any part of the Proghub Service or Materials when required to obtain information necessary to create an independent program that can be used with the Proghub Service or other program, the information you obtain from such actions, and ) can only be used for the above purpose; b) may not be disclosed or transferred without the prior written consent of Proghub to any third party who is not required to disclose or transfer such information to achieve this purpose; c) cannot be used to create software or a service that is largely similar to any component of the Proghub Service or Materials ];
- circumvention of any technology used by Proghub, its licensors or any third party to protect the Materials or the Service;
- selling, renting, sublicensing or renting any part of the Proghub Service or Materials;
- circumvention of territorial restrictions applied by Proghub or its licensors;
- artificially increasing the number of tests and questions, the number of likes or other manipulations with the Service through i) the use of a bot, scripts or other automated processes; ii) providing or accepting compensation in any form (financial or other compensation); iii) any other means;
- removal or modification of any copyright, trademark or other intellectual property notices contained in the Materials or the Service or provided through the Service (including for the purpose of disguising or changing any indication of the owner or source of the Materials);
- bypassing or blocking ads on the Proghub Service, as well as creating or distributing tools designed to block ads on the Proghub Service;
- providing your password to any other person or using another person's username and password;
- automatic collection of data in the Proghub Service or the use of other automatic means (including bots, scrapers and other programs) to view, access or collect information from Proghub or the Proghub Service;
- selling a user account or tests, accepting or offering any compensation, financial or otherwise, in order to influence account data, tests, tasks, as well as the contents of the account or the list of passed tests and solved problems;
- artificial promotion of Materials by automated means or otherwise. Respect Proghub, Content owners, and other users of the Proghub Service. Do not participate in any activity, post User Submissions, register and / or use usernames if they:
- are offensive, defamatory, pornographic, threatening or obscene;
- are illegal or intended to promote or carry out illegal actions of any kind, including infringement of intellectual property rights, privacy rights or property rights of Proghub or third parties;
- include your password, intentionally include the password of another user or personal data of third parties, or are intended to illegally obtain such personal data;
- includes malicious content, such as malware, Trojans or viruses, or otherwise prevents any user from accessing the Service;
- harm or insult other users;
- mimic or misrepresent your relationship with another user, person or organization, or is otherwise fraudulent, false or misleading;
- includes the transmission of unsolicited bulk or other types of spam ("spam"), junk mail, chain mail or similar messages;
- relate to commercial or sales activities, such as advertisements, promotions, contests, lotteries or pyramid schemes, which are not expressly permitted by Proghub;
- contain links or otherwise promote commercial products or services, unless expressly permitted by Proghub;
- interfere with or in any way disrupt the operation of the Proghub Service, violate the integrity, or try to scan or find vulnerabilities in the Service or computer systems, networks and rules for using Proghub, as well as any security components, authentication measures or other protective measures of Proghub applicable to Service, Materials or parts thereof;
- conflict with the Agreements set by Proghub. You acknowledge and agree that the posting of any User Content that violates these User Guidelines (including if Proghub has a reasonable assumption of such a violation) may result in the immediate deletion or suspension of your Proghub account. You also agree that Proghub may release your username if appropriate, including if you violate the terms of the Agreements.
Be careful when using the Proghub Service and posting any information. The Proghub service includes social and interactive features, including the ability to post User Content, comment and provide your information in the public domain. Please be aware that information provided or publicly available may be used and transmitted by other users through Proghub or over the Internet, so use Proghub with caution and do not forget about your account settings. Proghub is not responsible for your decision to post content on the Service.
Your password protects your user account and you are solely responsible for the confidentiality and security of your password. You understand that you are responsible for any use of your username and password on the Service (including unauthorized use). If your username or password is lost or stolen, or if you believe that your account has been accessed by a third party, you must immediately notify us and change your password.
10 Abuse and Reporting User Submissions
Proghub respects the rights of intellectual property owners. The materials posted on the Proghub Service are the exclusive intellectual property. If you believe the Materials infringe on your intellectual property or other rights, please refer to Proghub's copyright policy. If the copyright owner notifies Proghub through the forms or contact details provided by Proghub that any Content infringes copyright, Proghub may, at its sole discretion, remove such Content from the Service or take other action that Proghub deems appropriate without prior notice. user or other person who provided or posted these Materials. If such user or other person believes that the Materials do not violate the rights, he may, in certain circumstances, send Proghub a counter-notice requesting the restoration of deleted materials, which Proghub may or may not execute at its sole discretion.
If you believe that any Content does not comply with the User Guidelines, please fill out the notification form or contact us using the contacts listed at the bottom of the page.
11 Limitations and modifications of the Service
Proghub will use reasonable efforts to keep the Proghub Service operational. However, some of the technical difficulties, maintenance, testing or updates required to bring the Service in line with changes in applicable laws and regulations can sometimes lead to temporary disruptions. Proghub reserves the right to periodically and at any time change or discontinue, temporarily or permanently, the functions and capabilities of the Proghub Service, upon prior notice, if possible, without any liability to you, except where prohibited by law, if justified reasons, for example, in the event of interruption of work, changes or termination of the operation of the Proghub Service or any of its functions or capabilities, when it is necessary to repair, maintain or improve existing functions or capabilities, as well as add new functions or capabilities to the Service, to introduce scientific and technical innovations or ensuring the operability or security of the Service, for legal and regulatory reasons.
Notwithstanding the foregoing, if you have prepaid Proghub for Paid Subscriptions that Proghub cancels prior to the end of the Prepaid Period (as defined in the Payment, Cancellation and Chill Period section), Proghub will refund you for the Prepaid Period following such cancellation. You understand, agree and acknowledge that Proghub will make reasonable efforts, but has no obligation to maintain, maintain and update the Service, or to provide certain materials through the Service. Proghub and / or the owners of the Materials may periodically remove such Materials without notice. This section will apply in accordance with applicable law.
12 Recruiter Accounts
If you create a Proghub account as a Recruiter on behalf of a company, organization or entity (“Company”), then the terms “you” and “your” in the Agreements apply to both you and the Company. If you create a Company Account, you represent and warrant that you are authorized to provide accurate information, all permissions and licenses under the Agreements and to undertake obligations on behalf of the Company. A recruiter can use the functionality of an ordinary user and additional functionality of a recruiter according to the tariff chosen and paid by him.
13 Customer support
For support with issues related to accounts and payments (“Support Requests”), please send a request to Customer Support by emailing email@example.com. We will use reasonable endeavors to respond to all Support Requests within a reasonable time frame, but do not guarantee that all Support Requests will be answered within a specified time frame and / or that we will be able to respond to any such requests.
14 Term and termination
The agreements remain in effect until you or Proghub terminate them. However, you acknowledge that the perpetual license granted by you in respect of User Submissions, including Comments, Questions, Tests, Tasks, is irrevocable and therefore will remain in effect upon expiration or termination of any of the Agreements for any reason. Proghub may terminate the Agreements or suspend your access to the Proghub Service at any time, including in the event of actual or suspected unauthorized use of the Proghub Service and / or Materials, non-compliance with the Agreements, as well as cases when we stop providing the Service and / or Materials ( including without notifications). If you or Proghub terminate the Agreements, or if Proghub suspends your access to the Proghub Service, you agree that Proghub is not responsible or liable to you, and Proghub will not refund any funds you have already paid (within the limits permitted by with applicable law). You can terminate the Agreement at any time. To find out how to terminate your Proghub account, please contact us via email firstname.lastname@example.org. This section will apply in accordance with applicable law.
Sections 7, 8, 9, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21 and 22 of this Agreement, as well as any other sections of the Agreements that expressly or by nature must remain in effect even after termination of the Agreement, remain in force.
15 Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE PROGHUB SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION. PROGHUB AND ALL MATERIALS RIGHTS MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. NEITHER PROGHUB OR THE RIGHT OWNERS WARRANT THAT THE PROGHUB SERVICE DOES NOT CONTAIN MALFUNCTIONAL SOFTWARE OR OTHER HARMFUL COMPONENTS. FURTHERMORE, PROGHUB NOT MAKE ANY REPRESENTATIONS NOT WARRANT DOES NOT SUPPORT AND ASSUMES NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS (OR MATERIALS CONTAINED THEREIN), User Materials, devices, or any other products or services advertised, promote or offered by third parties THROUGH THE PROGHUB SERVICE OR ANY WEBSITE PROVIDED BY THE LINK, BANNER OR OTHER ADVERTISING, AND PROGHUB IS NOT RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN YOU AND YOUR PERFORMANCE.
NO ADVICE OR INFORMATION OBTAINED BY YOU, ORAL OR WRITTEN FROM PROGHUB, MAY BE CONSIDERED AS A WARRANTY BY PROGHUB. WHEN USING THE PROGHUB SERVICE, YOU MAY GET ACCESS TO UNCENSORED FILTERING FUNCTIONS, BUT WHEN USING THESE FUNCTIONS, YOU MAY SOMETIMES SEE UNCENSORED UNCENSORED FILTERS FOR UNCENSORED FILTERS AND UNCENSORED FILTERS FOR UNCENSORED FILTERS FOR UNCENSORED MATERIALS AND OUTPUTS.
WITHOUT LIMITING THE FOREGOING, NONE OF THE PROVISIONS IN THIS SECTION WILL LIMIT PROGHUB'S LIABILITY FOR GENERAL OR PARTIAL FAILURE OR FAILURE TO PERFORM. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THIS SECTION DOES NOT AFFECT YOUR LAW CONSUMER RIGHTS.
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEM OR DISSATISFACTION RELATING TO PROGHUB'S SERVICE WILL REMOVE PROGHUB'S FUNCTIONING OF ANY USE. YOU AGREE THAT PROGHUB SHALL HAVE NO RESPONSIBILITY OR LIABILITY, ARISING OUT OF OR RELATED TO THE THIRD PARTY APPLICATIONS OR CONTENT PROVIDED THROUGH THE SERVICE PROGHUB OR IN CONNECTION WITH THE SERVICE PROGHUB, and although your legal relationship with these third-party applications can be adjusted separately agreements with THIRD PARTIES, SOLE AND EXCLUSIVE REMEDY FOR PROGHUB RELATED TO PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THEIR MATERIALS ARE APPLIED / APPLIED BY THIRD PARTY.
UNDER NO CIRCUMSTANCES PROGHUB, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATED COMPANIES, ASSOCIATES, SUPPLIERS OR LICENSES ARE NOT LICENSES
(1) ANY DAMAGES OR DAMAGES (INCLUDING ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES) WHICH WAS IMPOSSIBLE TO BE PRESENTED. THE DAMAGES OR DAMAGES ARE CONSIDERED PREDICTABLE IF IT IS OBVIOUS THAT THEY WILL COME OR IF AT THE TIME OF THE AGREEMENT WE AND YOU KNEW THAT THEY MIGHT COME; (2) THE FOLLOWING CIRCUMSTANCES: (A) LOSS OF USE; (B) LOSS OF DATA; (C) LOSS OF BUSINESS OPPORTUNITY; (D) LOSS OF PROFITS; (E) DAMAGE TO DEVICES IF YOU COULD AVOID SUCH DAMAGE BY FOLLOWING RECOMMENDATIONS TO APPLY UPDATES TO SERVICES OR MATERIALS, OR IF SUCH DAMAGE CAUSED BY YOUR FAILURE TO UNDERSTAND
IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE PROGHUB, DEVICES, applications or third party content applications regardless of the legal framework and REGARDLESS OF WHETHER THE COMPANY PROGHUB ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE MEANS OF CORRECTIONS FAILS ITS MAIN PURPOSE;
(3) THE COMPREHENSIVE LIABILITY FOR ALL CLAIMS RELATING TO THE PROGHUB SERVICE, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION MATERIALS WILL NOT EXCEED THE AMOUNT PAYED BY YOU PRIOR TO PROGHUB;
(4) FAILURE, IMPROPER FULFILLMENT OR DELAYED FULFILLMENT OF OBLIGATIONS UNDER THIS AGREEMENT AS A RESULT OF CIRCUMSTANCES OF OUTSTANDING STRENGTH OR ANY REASON WHICH WAS IMPOSSIBLE TO PROH.
Nothing in these Agreements excludes or limits Proghub's liability for fraud, fraudulent claims, death or personal injury caused by negligence and, in accordance with applicable law, gross negligence.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN YOUR JURISDICTION, YOU MAY HAVE RIGHTS UNDER APPLICABLE LAW THAT PROVIDE REMEDIES IN ADDITION TO THE ABOVE.
17 Rights of third parties
You acknowledge and agree that the owners of the Materials and certain distributors (such as app store providers) are the intended beneficiaries of these Agreements and have the right to require you to comply with these Agreements. Except as provided in this section, the Agreements do not grant rights to anyone other than you and Proghub, and under no circumstances do the Agreements grant rights to third party beneficiaries. In addition, the rights to terminate, assign, or agree to any change, waiver, or settlement of the Agreements are independent of the consent of the other person.
If you downloaded the App from the Apple, Inc. App Store ("Apple") or using the App on an iOS device, you acknowledge that you have read, understood and agree to the following Apple notice. This Agreement is between you and Proghub only, not Apple, and Apple is not responsible for the Service or its contents. Apple is not responsible for any service or support related to the Service. If the Service fails to comply with the applicable warranty, you may notify Apple and Apple will reimburse you for the purchase price of the Application; Apple makes no other warranties for the Service under applicable law. Apple is not responsible for handling any claims from you or a third party related to the Service or your possession and / or use of the Service, including: 1) Product liability claims; 2) any claim that the Service does not comply with applicable legal or regulatory requirements; 3) claims arising in connection with consumer protection or similar legislation. Apple is not responsible for investigating, defending, resolving, or terminating any third party claim that the Service and / or your possession and use of the Application infringes the intellectual property rights of a third party. By using the Service, you agree to be bound by all applicable third party terms. Apple and Apple's subsidiaries are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple has the right (and will be deemed to have accepted this right) to require you to enforce this Agreement as a third party beneficiary of this Agreement. You hereby represent and warrant that 1) you are not located in a country that is embargoed by the US government or designated by the US government as a country supporting terrorism; 2) you are not on the US government's sanctions list.
18 Comprehensive Agreement
Except as otherwise provided in this section or expressly agreed in writing between you and Proghub, the Agreements represent all terms and conditions agreed between you and Proghub and supersede all prior agreements in relation to the subject matter of the Agreements, both written and oral. ...
Please note that some aspects of the use of the Proghub Service may be governed by additional agreements. For example, access to the Proghub Service or the Proghub Recruiting Service can be obtained on the basis of a gift card, a Trial version (free or with a discount), as well as in conjunction with other services. Along with the offer for such aspects of use, you will receive a corresponding additional agreement, and you may have the opportunity to accept additional terms. Some of these additional terms are listed on the Proghub website. In the event of an irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
19 Autonomy of provisions, disclaimer and interpretation
Unless otherwise stated in the Agreements, if any provision of the Agreements is held invalid or unenforceable for any reason or to any extent, such invalidity or inapplicability will not affect the validity of the remaining provisions of the Agreement, and the application of this provision must be within the limits permitted by law.
If Proghub or the third party beneficiary does not exercise its rights under the Agreements or any of their provisions, this does not mean that Proghub or the third party beneficiary waives its rights.
In these Terms, the words “include” and “including” and their variations mean the addition of the term “among other things”.
20 Assignment of rights
Proghub may assign the Agreement and any rights under the Agreements, in whole or in part, as well as delegate any of its obligations under the Agreements. You may not transfer the Agreements, in whole or in part, as well as transfer or sublicense your rights under these Agreements to a third party.
21 Compensation for damages
You agree to indemnify Proghub for any loss, damage and expense of any kind (including reasonable costs of legal assistance) incurred in connection with or related to: 1) your breach of the terms of any of the Agreements; 2) User Content that you post or otherwise add; 3) any of your actions in the Proghub Service or using it; 4) your violation of any law or the rights of a third party.
22 Choice of Law, Binding Arbitration and Venue
22.1 Governing Law / Jurisdiction
Unless otherwise provided by mandatory law of a Member State of the European Union or any other jurisdiction, the Agreements (and any non-contractual disputes or claims arising out of them) shall be governed by the laws of the state or country listed below, without regard to choice of law or conflict of laws principles. ...
In addition, you and Proghub agree to the jurisdiction of the courts to resolve any disputes, claims or controversies arising out of the Agreements (as well as any non-contractual disputes or claims arising out of them). (In some cases, such jurisdiction will be “exclusive,” meaning the courts of other countries cannot consider such matters; in other cases, the jurisdiction is “non-exclusive,” meaning the courts of other countries may also have jurisdiction.)
22.2 COLLECTIVE CLAIMS DISCLAIMER
IF ALLOWED BY APPLICABLE LAW, YOU AND THE PROGHUB AGREE THAT EACH PARTY MAY SUGGEST A CLAIM AGAINST ANOTHER PARTY ONLY IN ITS NAME AND NOT AS A COLLECTIVE OR GROUP. An arbitrator or judge may not join claims from more than one person or otherwise consider representative or class action claims without your consent and the consent of PROGHUB.
22.3 ARBITRAL PROCEEDINGS
If you are located, reside, have offices or do business in a jurisdiction in which this section 22.3 applies, you are subject to the following binding arbitration provisions:
22.3.1 Dispute Resolution and Arbitration
You and Proghub agree that any disagreement, claim or dispute between you and Proghub arising out of these Agreements or in connection with your relationship with Proghub as a user of the Service (whether contractually, due to a violation, by law, in fraud, misrepresentation or any other legal basis, during or after the termination of the Agreements) will be resolved in binding arbitration on an individual basis. Arbitration is more informal than litigation. THERE IS NO JUDGE OR JURY IN THE ARBITRAL PROCEEDINGS AND THE VERIFICATION OF THE ARBITRAL AWARDS IS LIMITED. Examination of evidence may be less detailed than in court. The arbitrator must rely on this agreement and can award the same damages and damages as the court (including compensation for legal costs), but the arbitrator cannot issue a declarative award or injunction in favor of persons other than the parties to the arbitration. This arbitration provision shall remain in effect after the termination of the Agreements.
Notwithstanding the content of clause 22.3.1 above, you and Proghub agree that nothing in this document will be considered a waiver, deprivation or other limitation of our rights at any time to the following actions: 1) bring an individual claim in court in accordance with jurisdiction and jurisdiction; 2) require enforcement through a federal, regional or local authority, if applicable; 3) apply for an injunction in court in accordance with the jurisdiction and jurisdiction; 4) file a claim in court in accordance with jurisdiction and jurisdiction in connection with the violation of exclusive rights.
22.3.3 Arbitration Rules
You or we may initiate arbitration. The arbitration between you and Proghub will be conducted in accordance with the current ICC Arbitration Rules (“ICC” and “ICC Rules”) by one or more arbitrators appointed in accordance with the ICC Rules and these Agreements and will be administered by the ICC International Court of Arbitration.
Any arbitration proceedings will be conducted in English, unless otherwise required by mandatory law of a Member State of the European Union or any other jurisdiction, the law applicable in any arbitral tribunal is the law of the state or country listed in clause 24.1 without regard to choice of law or conflict of laws principles.
22.3.4 Deadline for filing a claim
Any arbitration proceedings must be initiated by filing a claim within 1 (ONE) YEAR after the date on which the claimant first learned or should have learned about the action, omission or violation that became the basis for filing; the party will have no right to a remedy in respect of any claims not filed within that time period. If applicable law prohibits the one-year limitation for filing a claim, the claim must be made within the minimum period of time permitted by applicable law.
22.3.5 Notification and process
A party wishing to arbitrate must first send written notice of the dispute to the other party by registered mail or express delivery service (signature required) or, if your physical address has not been provided, by email ("Notice"). The notice must: 1) describe the nature and basis of the claim or dispute; 2) contain a specific stated demand ("Demand"). We will endeavor in good faith to resolve the claim directly, but if we do not reach an agreement within 30 days of receiving Notice, you or Proghub may initiate arbitration. During the arbitration, the amount of any proposal for dispute resolution made by you or Proghub will not be disclosed to the arbitrator until the arbitrator has made a final decision and awards compensation, as appropriate. In the event of a final settlement of the dispute through arbitration in your favor, Proghub will pay you 1) the amount indicated by the arbitrator (if any); 2) the last amount of the dispute settlement proposed by Proghub in writing in the settlement of the dispute before the decision of the arbitrator; 3) USD 100.00 (whichever is the greater). All documents and information disclosed in the course of the arbitration proceedings are strictly confidential and should not be used by the recipient for any purpose other than the arbitration proceedings or the execution of the arbitrator's decision, and should only be disclosed confidentially to persons who need to know this information for such purposes or in accordance with with current legislation. Except as necessary for the arbitrator to enforce an award, neither you nor Proghub shall make any public statements or public comments regarding the arbitration, including but not limited to the fact that a dispute has arisen between the parties, arbitration is under way or the arbitrator has accepted solution.
If Proghub makes changes to this arbitration provision in the future (other than changing Proghub's address for Notices), you may opt out of such changes by giving us written notice within 30 days of the change to Proghub's address for Notices. In such event, your Proghub account will be terminated immediately and this arbitration provision, as it existed prior to the changes you rejected, will remain in effect.
If the class action waiver in Section 22.2 is held ineligible by the arbitral tribunal or any part of Section 22.3 is held invalid or unenforceable, then the entire Section 22.3 will be null and void, in which case the parties agree that the exclusive jurisdiction and venue described in Section 22.1 will apply to any proceedings in connection with the Agreements.
23 Contact information
If you have any questions regarding the Proghub Service or Agreements, please contact Proghub Customer Support via email email@example.com.
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Contracting Entity: Proghub Corp.