Terms of Service

Please note that your use of Progi.com inc.’s Web site (the “Site”) is subject to the terms and conditions set out below (the “terms”). These terms are between you and Progi.com inc. (hereinafter “PROGIPIX”) and are in addition to the terms and conditions of any service agreements or others and the terms and conditions of any software licenses provided to you in conjunction with your use of the Site.

By using the Site, you are consenting to all of the terms. If you do not agree to all of the terms, you must not use the Site. Contact PROGIPIX for information.

USER ID AND PASSWORD SECURITY

Your organization will be provided with a User ID and password to be used for access to the Site. It is your responsibility to establish and maintain adequate safeguards and security procedures to protect your User ID and password from unauthorized use.

Inadequate protection and/or improper use of your User ID or password may lead to unauthorized transactions, the release of confidential information about your transactions, other parties’ transactions, the fees and the common practices of your organization and/or unauthorized changes to such features. Therefore, before using the Site, it is important that your organization take steps to ensure that the confidentiality of your User ID and password are maintained. It is your responsibility to ensure that any individuals to whom the User ID and password are provided are fully aware of the need for security and the safeguards that your organization has established.

You agree to immediately notify PROGIPIX of any unauthorized use of your User ID or password or of any other breach of security related to use of the Site through your account, and to provide assistance to PROGIPIX, as requested, to stop and/or remedy any breach of security.

USE OF THE SITE

You are responsible and liable for all activities that occur under your account for access to the Site regardless of whether such activities are authorized by your organization. You agree that you will not (i) use the Site for any purpose other than searching for and/or purchasing vehicles or vehicle parts, assigning sub-users where permitted or modifying your company’s assigned features as permitted (ii) use the Site in violation of any applicable laws or regulations, or (iii) share, resell, reproduce, distribute or otherwise transfer any portion of, use of or access to the Site, except as expressly authorized by PROGIPIX.

PROPRIETARY RIGHTS

Title, ownership rights, and intellectual property rights in and to all programs, services, processes, designs, technologies, materials and other things comprising the Site shall at all times remain in PROGIPIX and/or its affiliates.

DISCLAIMER

The Site is provided to you “AS IS”. PROGIPIX does not guarantee error-free or uninterrupted operation of the Site. All use of the Site is at your own risk. PROGIPIX makes no conditions, warranties or representations about the suitability, reliability, usability, security, capacity, performance, accuracy, or quality of the Site. PROGIPIX expressly disclaims all conditions, warranties and representations, express, implied or statutory, relating to the Site, including but not limited to implied conditions or warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement, whether arising by usage of trade, course of dealing, course of performance or otherwise.

LIMITATION OF LIABILITY

In no event shall PROGIPIX, its affiliates or their respective agents, representatives, dealers, distributors, resellers or suppliers (collectively, the “PROGIPIX ENTITIES”) be liable for any direct, indirect, special, incidental, consequential or punitive damages, or any other damages or losses whatsoever, including without limitation damages for loss of profits, goodwill, opportunity, earnings, use or information, arising directly or indirectly from or related to these terms or the Site, regardless of the cause of action and even if one or more of the PROGIPIX ENTITIES have been advised of the possibility of such damages or losses. Notwithstanding the foregoing, in the event you or another party is entitled to recover damages or losses from one or more of the PROGIPIX ENTITIES, you hereby agree that the aggregate liability of the PROGIPIX ENTITIES for loss or damages is limited to $100.

CONFIDENTIAL INFORMATION

You authorize PROGIPIX to collect from any party and to retain all relevant information relating to your use of this Site, and you hereby authorize any party to provide PROGIPIX with such information. You understand and agree that unless you notify PROGIPIX to the contrary by emailing us and by specifying the transaction concerned and the reasons for your refusal, you further authorize PROGIPIX to disclose, on a confidential basis, to any party with whom PROGIPIX has business relations all relevant information relating to your dealings with PROGIPIX and your use of this site.

ONLINE SECURITY

PROGIPIX takes all reasonable precautions to protect the confidential information you transmit to it and ensure its confidentiality during Internet transactions with PROGIPIX.

GENERAL

These Terms (i) represent the complete agreement between PROGIPIX and you relating use of the Site, (ii) may be amended only by a writing executed by both you and PROGIPIX, and (iii) shall be governed by and construed under the laws of the province of Quebec and you hereby irrevocably attorn the exclusive jurisdiction of the courts of such province in connection with any dispute relating to these Terms.

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