Please Read Carefully.
Updated: April 12th, 2018
The services that People in Progress Global, Inc, doing business as Progress Retail, and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, hereinafter “Company,” “we,” “our,” and “us”) provides to you are subject to the terms and conditions set forth herein (“Terms of Service”), which govern your access to and/or use of the website, progressretail.com, any mobile versions and/or applications related thereto, the C.A.R.E.™, S.M.A.R.T.™, L.E.A.D.™ & E.X.E.C.™ training programs, content and learning management system under the name ‘Progress LMS’ ‘Progress Retail Academy’ ‘People in Progress Academy’ or ‘PIP Academy’, products, services and any sites Company has now and/or in the future (collectively, the “Services”).
By using the Services, you signify your agreement with this Terms of Service and are entering into a legally binding agreement with Company. Please read this Terms of Service carefully. If you do not accept this Terms of Service, now or in the future, please stop your use of the Services immediately, in which case any continuing access to and/or use of our Services is unauthorized.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT AND/OR CLASS-WIDE ARBITRATION.
- CHANGES TO TERMS
Subject to the conditions set forth herein, Company may, at any time, for any reason, in its sole discretion make changes to the Services and/or modify this Terms of Service. If Company makes changes and/or modifications that affect your access to and/or use of the Services, Company will provide a notice of such changes only by posting the updated Terms of Service and changing the “last updated” date listed above. We may also provide you with additional forms of notice of modifications and/or updates as appropriate under circumstances. If you do not agree with the changes and/or modifications, you shall not use the Services after the effective date of the changes. Please revisit this Terms of Service regularly to ensure that you stay informed of any changes.
- SCOPE OF USE
. To access and/or use the Services, you must be eighteen (18) years or older and have the requisite power and authority to enter into this Terms of Service. The Services are not intended for and should not be used by anyone under the age of thirteen (13). You represent that you are over the age of thirteen (13) and are intended recipient of the Services. You may not access and/or use the Services for any purpose if either of the representations in the preceding sentence are not true.
Use of Services and Availability.
CCompany retains the right, in our sole and absolute discretion, to deny service and/or access to and/or use of the Services to anyone at any time and for any reason. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time. You understand and agree that there may be interruptions to the Services and/or access to your account due to circumstances both within Company’s control (e.g., routine maintenance) and outside of Company’s control. The Services may be modified, updated, suspended or discontinued at any time without notice or liability.
Creating an Account through our Service.
You may establish an account through the Services. Your account requires you to (i) indicate agreement to this Terms of Service, (ii) provide contact information, and (iii) submit any other form of authentication required during the enrollment process, as determined by Company in its sole and absolute discretion. If you establish an account with Company, you agree to provide true, accurate and current information in connection with your account. You are responsible for updating and correcting information you have submitted to create and/or maintain your account. You shall assign each individual User of the Services a unique logon or identification (“ID”). You may not permit any unique logon or ID to be used by more than one (1) individual. Nevertheless, you may deactivate and reallocate logons or IDs for the Services to different individual Users, as may be necessary from time to time. You are responsible for the management and administration of any logons and IDs (and any associated passwords and access privileges) used to access the Services as set forth herein and in the documentation provided by Company. You understand and agree that Company shall have no responsibility for any incident arising out of, or related to, your account settings. You shall strictly maintain the confidentiality of all such logons, IDs and passwords, and you are solely liable for all transactions, activities, and other consequences resulting from the use and/or disclosure of such logons, IDs and passwords. You shall promptly report to Company any breach of confidentiality with respect to such logons, IDs, passwords, and/or the Service, and/or any other problem with the Service, of which you become aware. In no event shall you allow the Services to be accessed and/or used by parties other than you and/or your Users. You acknowledge and agree that you shall ensure that your Users comply with the terms and conditions set forth herein related to the Services and shall be liable for your User’s breach of any such terms and conditions. For purposes of this Terms of Service, a “User” shall mean any individual you authorize under your account listed in the system whose status is “active” at any time during any given month.
Pre-existing Materials and Recordings.
Company may provide materials to you including but not limited to: all information related to Company to which you have access, whether in oral, written, graphic or machine-readable form, in the course of or in connection with your use of the Services, including but not limited to notes, lectures, recordings, chats, analyses, phone-calls, studies, videos, workbooks, training materials, resources, tests, slide shows and other aids, procedures, techniques, operating methods, know-how, processes, formulas, source and object codes, data, improvements, an/or plans and any other information which could reasonably be expected to benefit competitors of Company (collectively, “Pre-Existing Materials”). You understand that the Pre-Existing Materials that you receive are confidential and proprietary to Company, and shall not be sold, loaned, rented, given away, distributed, advertised for sale on the ‘Internet’ and/or through any other medium, and/or exploited in any manner. Upon purchase, the Pre-Existing Materials provided to you are for your sole use and are not to be shared with others. You further agree that you will not copy or cause to be copied and/or reproduce in any manner, electronic and/or otherwise, any of the Pre-Existing Materials. The commercial use, reproduction, transmission or distribution of any Pre-Existing Materials available through the Services without the prior written consent of Company is strictly prohibited. You agree that you will not tape-record, video-record, transmit, photograph, and/or otherwise reproduce the Pre-Existing Materials. Breach of this Section may result in irreparable and continuing damage to Company for which monetary damages may not be sufficient, and you agree that Company will be entitled to seek, in addition to its other rights and remedies hereunder or at law, injunctive or all other equitable relief as may be proper from a court of competent jurisdiction.
Communications from Company.
By using the Services, you agree to receive certain communications in connection with the Service. For example, you might receive comments, promotions, events and/ or features. When you access and/or use the Services, you are communicating with us electronically, and you consent to receive communications from us electronically including but not limited to notices related to the Services provided to you via email. You agree that all agreements, notices, disclosures and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting us. If you withdraw your consent to receive such records and notices electronically, we will revoke your access to the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal.
Company grants you the rights set forth herein, subject to the following conditions: (a) You shall not modify, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Services; (b) You agree not to submit or transmit any emails or materials through the Services that contain a virus, worm, Trojan horse or any other harmful component; (c) You shall not obtain or attempt to obtain any data through any means from the Services, except if we intend to provide or make it available to you; (d) You shall not copy or imitate part or all of the design, layout, or look-and-feel of the Services or individual sections of it, in any form or media; (e) You are only authorized to view, use, copy for your records and download small portions of the Services for your informational, non-commercial use; provided that you leave all copyright and other proprietary notices intact; (f) You shall not submit content that is offensive, including without limitation, bigotry, racism, discrimination, hatred, or profanity; (g) You agree not to intentionally hold Company or their employees or directors up to public scorn, ridicule or defamation; (h) You will not promote or provide information about illegal activities or physical harm or injury to any group, individual, institution and/or property; (i) You will use commercially reasonable efforts to prevent unauthorized access to and/or use of the Services, and to notify Company promptly of any such unauthorized access and/or use; and you agree to act in accordance with applicable laws and (j) You shall not use the Services for any unlawful purpose or to violate any federal, state, international law, code of conduct or other guidelines which may be applicable to the Services provided.
In consideration for Company’s provision of the Services, you agree to pay Company the applicable fees set forth for the Services. You are responsible for all fees, including without limitation taxes, associated with your use of the Services. Unless otherwise agreed to by the parties in a separate agreement, Company will provide you with an invoice in advance for fees that become due hereunder for the Services (the “Subscription Fees”). All Subscription Fees and taxes due hereunder will be paid in U.S. dollars. Unless otherwise set forth in an SOW, each invoice shall be due and payable by Client to Company upon receipt of such invoice. All Subscription Fees due and payable by you hereunder must be paid in full without any deduction, set-off, counterclaim or withholding of any kind unless required by law. Company may increase the Subscription Fees related to the Services to its then-current rate upon prior notice to you.
All fees are nonrefundable unless otherwise required by applicable law or otherwise agreed to by Company in its sole and absolute discretion. To the extent permitted by applicable law, you agree not to ask your credit card company or bank to charge back any fees charged pursuant to this Terms of Service.
- ERRORS, INACCURACIES, OMISSIONS AND PERFORMANCE
Occasionally there may be information on the Services that contain typographical errors, inaccuracies, and/or omissions that may relate to services, descriptions, pricing, offers, Pre-Existing Materials and availability. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, and/or omission; and/or (iii) make changes to prices, content, offers, service and/or product and/or other information without obligation to issue any notice of such changes, except as prohibited by law. The Services will include resources, virtual products and the fundamental concepts to help you improve your service to clients. However, you acknowledge and agree that Company makes no guarantee, express or implied, regarding the Pre-Existing Materials, courses and/or any improvement in your business, skills and/or income.
- PROPRIETARY RIGHTS AND LICENSES
The Company grants you a limited, nontransferable, nonexclusive, revocable right to access and use the Services pursuant to this Terms of Service and to any additional terms and policies set forth by Company. The Services and all rights therein are and shall remain Company’s property or property of Company’s licensors. Neither this Terms of Service nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Company’s names, logos, product and service names, trademarks or services marks or those of Company’s licensors.
Reservation of Rights.
The materials and content on this Service, as well as the organization and layout of this Service, are copyrighted and are protected by United States and international copyright laws and treaty provisions. Subject to the limited rights expressly granted hereunder, Company and/or its third party providers reserve all right, title and interest in and to the services and content, including all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
. Please carefully choose the information that you post on, through and/or in connection with the Services and that you provide to other users. Notwithstanding anything herein to the contrary, Company should not be seen as endorsing any comments you post on open forums and other parts of the Services in any way. You acknowledge and agree that you have no expectation of privacy with regard to any comments, reviews, videos, notes and/or messages (“User Content”) you make through the Services and are solely responsible for interactions with other users. Although Company reserves the right to review all User Content that appears on the Services and to remove any User Content that violates this Terms of Service, we do not necessarily review all of it. We cannot and do not take responsibility for any User Content that others provide through the Services. If you become aware of misuse of the Services by any person, please contact us. Company may reject, refuse to post and/or delete User Content, in its sole and absolute discretion. You assume all risks associated with User Content, including anyone’s reliance on its quality, accuracy, and/or reliability by you.
If you provide us (in a direct mail, email and/or otherwise) with any feedback, suggestions, improvements, enhancements, recommendations and/or feature requests relating to the Services (“Feedback”), then you further grant to Company a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate any such Feedback. Company has no obligations to review any Feedback and may use and redistribute Feedback for any purpose without restriction in its sole and absolute discretion.
Gathering email addresses from Company through harvesting is prohibited. Posting and/or transmitting unauthorized and/or unsolicited advertising, promotional materials, and/or any other forms of solicitation to other users is prohibited. We also prohibit crawling, scraping, caching, and/or otherwise accessing any content on the Services via automated means (except as may be the result of standard search engine protocols and/or technologies used with Company’s express written consent). You may not use the Services in any manner that could damage, disable, overburden, and/or impair the Services and/or interfere with any other party's use and/or enjoyment of the Service. You may not obtain and/or attempt to obtain any materials and/or information through any means not intentionally made available or provided for through the Service.y materials and/or information through any means not intentionally made available or provided for through the Service.
If you violate this Terms of Service and/or if we have grounds to suspect that you violated this Terms of Service and/or other use parameters included on the Service, we may suspend or terminate your account and refuse use of the Services (or any portion thereof). Company also reserves the right, in its sole discretion, to terminate your access to the Services or any portion thereof at any time, without cause and/or without notice. In the event you fail to pay for the access granted (if applicable), and/or share the access granted with any person or entity, or misuse the system by any means actionable under a federal, state, or local statute, code, regulation, law, and/or civil action, Company will consider your access as having been acquired by fraud or misrepresentation and will terminate your access. In such a case, Company retains the right to seek civil and/or criminal redress, the entire cost of which shall be borne solely by you.
- INDEMNIFICATION AND WAIVER
You shall indemnify, defend and hold harmless Company, its officers, agents, employees, contractors, subcontractors, suppliers and representatives from and against any and all claims, demands, proceedings, losses, costs, damages, awards, fees, expenses, or liabilities of any nature (“Claim”) arising out of or in the relation to (i) use of User Content in the event of an infringement, violation, trespass, contravention or breach of any third party, or constitutes the unauthorized use or misappropriation of any trade secret of any third party, (ii) your use of Company’s Services and Pre-Existing Materials; (iii) any breach of this Terms of Service by you, your officers, agents, employees, contractors and/or representatives and/or (iv) fraud you commit and/or your intentional misconduct and/or negligence. You shall give prompt notice to Company upon your receipt of notice of any Claim against you which might give rise to a claim against the Company.
You acknowledge and agree that by accessing or using the Service, you may be exposed to materials (including shared group content) from others that you may consider offensive, indecent or otherwise objectionable, and agree to accept that risk.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE SERVICE, ANY CONTENT, AND/OR PRE-EXISTING MATERIALS ARE PROVIDED BY COMPANY TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, SYSTEMS INTEGRATION, ACCURACY, AND FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE, ALL OF WHICH COMPANY EXPRESSLY DISCLAIMS. WITHOUT LIMITING THE FOREGOING, COMPANY AND/OR ITS LICENSORS MAKE NO WARRANTY THAT (A) THE SERVICES, CONTENT OR PRE-EXISTING MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, CONTENT AND/OR PRE-EXISTING MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; AND/OR (C) COMPANY WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE SERVICE AND/OR ANY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF SERVICE.
- LIMITATION OF LIABILITY
YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBIITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING SHALL APPLY DESPITE ANY NEGLIGENCE, MISCONDUCT, ERRORS AND/OR OMISSIONS BY COMPANY ITS EMPLOYEES, REPRESENTATIVES AND/OR AGENTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, COMPANY’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO THE LESSER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY IN CONNECTION WITH THE SERVICES IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM, OR (ii) ONE HUNDRED DOLLARS (US$100).
You may not link to the Services without our written permission. If you are interested in linking to this Service, please contact firstname.lastname@example.org
- SEPARATE AGREEMENTS
You may have other agreements with Company. Such agreements are separate and in addition to this Terms of Service. This Terms of Service does not modify, revise or amend the terms of any other agreements you may have with Company.
- NO PROFESSIONAL ADVICE
The information available on the Services is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. Company does not, will not and cannot refer, recommend and/or endorse any specific professional service, product and/or procedures that are advertised on the Services.
- DMCA COPYRIGHT POLICY AND COPYRIGHT AGENT
Company respects the intellectual property rights of others and expects you to do the same. We reserve the right to terminate your account or any other user who infringes third-party copyrights. We will respond to clear notices of copyright infringement when you provide the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
Information sufficient to permit Company to contact you, such as your physical address, telephone number, and, if available, an electronic mail address;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Contact information for Company’s DMCA Agent for notice of claims of copyright infringement is: Progress Retail, Inc. Attn: Copyright Agent, 222 W. Merchandise Mart Plaza, Suite 1212, Chicago, IL 60654 (email@example.com
). The Copyright Agent will not remove content from the Services in response to phone or email notifications regarding allegedly infringing content, since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit such notifications by fax or ordinary mail only and as further described by this Section. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Services or on sites linked to or from the Service. All other inquiries directed to the Copyright Agent will not be responded to.
- DISPUTE RESOLUTION
We want to address your concerns without needing formal legal case. Before filing a claim against Company, you agree to try to resolve the dispute informally by contacting us at firstname.lastname@example.org
. We will try to resolve the dispute by contacting you via email, but if we cannot resolve the dispute within thirty (30) days after submission, you and/or Company agree to resolve any claims related to this Terms of Service through final and binding arbitration, except as forth under ‘Exceptions to Agreement to Arbitrate’ section below and/or you opt out as described below.
You can opt-out and decline this agreement to arbitrate by contacting Company within thirty (30) day after the date that you first became subject to this arbitration provision (i.e.: the date you initially accepted this Terms of Service). You must write us at People in Progress Global, LLC, Attn: Opt-Out Arbitration, email@example.com
. If you opt out, neither you nor Company can require the other to participate in an arbitration proceeding.
Except in the event the claim meets the requirements set forth in the ‘Exceptions to Agreement to Arbitrate’ section below and/or if you opt out of arbitration as described herein, all claims shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy and/or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. All information relating to and/or disclosed by any party in connection with the arbitration of any disputes shall be treated by the parties, their representatives, and the arbitrator as proprietary business information and shall not be disclosed without prior written authorization of the disclosing party. The arbitration shall be held in Chicago, Illinois, USA or any other location we agree to. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Exceptions to Agreement to Arbitrate.
Either you and/or Company may assert claims, if they qualify, in small claims court in Chicago, Illinois. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use and/or abuse of the Services, breach of Company’s confidential information and/or intellectual property infringement (for example, trademark, trade secret, copyright and/or patent rights) without first engaging in arbitration and/or the informal dispute-resolution process described herein
Judicial forum for disputes
. In the event that the agreement to arbitrate is found not to apply to you and/or your claim, you and Company agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Chicago, Illinois. Both you and Company consent to the foregoing venue and jurisdiction.
If any provision and/or term of this Terms of Service shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them. This Terms of Service shall be governed in all respects by the laws of the State of Illinois, without reference to its choice of law rules. If an applicable law is in conflict with any part of this Terms of Service, this Terms of Service will be deemed modified to conform to the law and the other provisions will not be affected by any such modification. No waiver by either you and/or Company of any breach and/or default and/or failure to exercise any right allowed under this Terms of Service is a waiver of any preceding and/or subsequent breach and/or default and/or waiver and/or forfeiture of any similar and/or future rights under this Terms of Service.
If you would like to request additional information regarding this Terms of Service, please contact us at firstname.lastname@example.org