Terms and Conditions
Last updated: [2025.01.16]
Please read these terms and conditions carefully before using our Service.
Interpretation and Definitions
Interpretation
Capitalized words have specific meanings defined below. These definitions have the same meaning whether they appear in singular or plural form.
Definitions
- Affiliate: An entity that controls, is controlled by, or is under common control with Pronto. "Control" means ownership of 50% or more of voting shares or securities.
- Country: United States
- Company: Refers to Pronto (also referred to as "we," "us," or "our").
- Device: Any device that can access the Service, such as a computer, cellphone, or digital tablet.
- Service: Refers to the Pronto website and services.
- Terms and Conditions (or "Terms"): These Terms and Conditions form the entire agreement between you and Pronto regarding the use of the Service.
- Third-Party Social Media Service: Any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
- Website: Refers to Pronto's website, accessible from https://prontous.com
- You: The individual accessing or using the Service.
Acknowledgment
These Terms and Conditions govern your use of this Service and the agreement between you and Pronto. They outline the rights and obligations of all users.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions.
By accessing or using the Service, you agree to be bound by these Terms and Conditions. If you disagree with any part of these terms, you may not access the Service.
You represent that you are over the age of 18. Pronto does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on your acceptance of and compliance with Pronto's Privacy Policy. Our Privacy Policy describes our policies and procedures on the collection, use, and disclosure of your personal information. Please read our Privacy Policy carefully before using our Service.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by Pronto.
Pronto has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Pronto shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Termination
We may use your telephone number for the purpose of sending you SMS messaging for marketing purposes; to share free content with you, such as articles and videos; to announce the launch of new products; and to provide access to your dashboard and/or downloads, if you have opted in to receive such messaging. You may opt-out from receiving SMS messaging from us, at any time, by responding STOP to any of our messages 703-789-8721, or by emailing pronto@prontous.com. Messaging will be sent by an automated dialing system. We do not share your telephone number with third parties for receiving third-party marketing messages. We also will not send messages to you promoting the goods or services of third parties. For additional information regarding our SMS messaging program, please read our Terms of Service, or by responding HELP to any of our messages 703-789-8721, or by emailing pronto@prontous.com.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of Pronto and any of its suppliers under any provision of these Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Service.
To the maximum extent permitted by applicable law, in no event shall Pronto or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if Pronto or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Pronto, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Pronto provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Pronto nor any of Pronto's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of Pronto are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of United States, excluding its conflicts of law rules, shall govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.
Disputes Resolution
These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia and any dispute shall be subject to binding arbitration by NAM (National Arbitration and Mediation) in Prince William County, Virginia. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The parties agree that any arbitration is subject to these Terms of Use and not any prior arbitration agreement.
Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure
These procedures are intended to increase the likelihood of prompt and low-cost resolutions to any dispute between the parties. All the requirements of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure are jurisdictional in nature.
- Before a party commences an arbitration with NAM with respect to a claim, the party must first send a written notice of dispute (“Notice”). The Notice must (1) be sent by certified mail, return receipt requested or FedEx; (2) be addressed to: PureHealth Research, LLC, 10199 Dean Dr. Manassas, VA 20110; (3) contain the party’s name, address, email address and date/time of website visit; (4) include a short summary of the dispute, including any relevant facts regarding the use of the Services with specific relief sought.
- The party must attend a video conference to discuss the dispute with a representative from Pronto. The party’s attorney may be present.
- Pronto then shall have 45 days from the date of the video conference to analyze the nature of the dispute before the filing of an arbitration with NAM by the party.
- If any aspect of these requirements has not been met, a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration. In addition, unless prohibited by law, NAM Arbitration Practice Administrator/Case Manager must dismiss any arbitration claims brought by a party that has failed to follow the required steps in the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure. If the arbitration is already pending prior to the completion of the Mandatory Pre-Arbitration Notice and Information Dispute Resolution Procedure, NAM cannot accept any fees in connection with an arbitration that has been initiated without completion of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure. Nothing in this paragraph limits the right of Pronto to seek damages for non-compliance with the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure in arbitration.
- If after the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure has been completed, any claim or dispute arising from use of the Services shall be settled only through binding arbitration. Any complaint or lawsuit filed in a court of law shall be dismissed and the arbitration shall commence. Nothing in this paragraph limits the right of Pronto to seek damages if a party files a complaint or lawsuit.
United States Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Class Action Waiver
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
Translation Interpretation
These Terms and Conditions may have been translated if we have made them available to you on our Service.
You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, you can contact us:
- By email: pronto@prontous.com
- By visiting our website: https://prontous.com
- By phone number: 703-789-8721