Terms of Use
Agreement Between User & Progressive Tech
The Progressive Tech Web Site is comprised of various Web pages operated by Progressive Tech.
The Progressive Tech Web Site is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your use of the Progressive Tech
Web Site constitutes your agreement to all such terms, conditions, and notices.
Modification of these terms of use
Progressive Tech reserves the right to change the terms, conditions, and notices under which
the Progressive Tech Web Site is offered, including but not limited to the charges associated
with the use of the Progressive Tech Web Site.
Links to third party sites
The Progressive Tech Web Site may contain links to other Web Sites ("Linked Sites").
The Linked Sites are not under the control of Progressive Tech and Progressive Tech is
not responsible for the contents of any Linked Site, including without limitation any link contained
in a Linked Site, or any changes or updates to a Linked Site. Progressive Tech is not
responsible for webcasting or any other form of transmission received from any Linked Site. Progressive
Tech is providing these links to you only as a convenience, and the inclusion of any link does
not imply endorsement by Progressive Tech of the site or any association with its
operators.
No unlawful or prohibited use
As a condition of your use of the Progressive Tech Web Site, you warrant to Progressive Tech
that you will not use the Progressive Tech Web Site for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You may not use the Progressive Tech Web
Site in any manner which could damage, disable, overburden, or impair the Progressive Tech Web
Site or interfere with any other party's use and enjoyment of the Progressive Tech Web Site.
You may not obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Progressive Tech Web Sites.
Use of communication services
The Progressive Tech Web Site may contain bulletin board services, chat areas, news groups,
forums, communities, personal web pages, calendars, and/or other message or communication facilities
designed to enable you to communicate with the public at large or with a group (collectively, "
Communication Services"), you agree to use the Communication Services only to post, send and
receive messages and material that are proper and related to the particular Communication Service. By
way of example, and not as a limitation, you agree that when using a Communication Service, you will
not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Progressive Tech has no obligation to monitor the Communication Services.
However, Progressive Tech reserves the right to review materials posted to a
Communication Service and to remove any materials in its sole discretion.
Progressive Tech reserves the right to terminate your access to any or all of
the Communication Services at any time without notice for any reason whatsoever.
Progressive Tech reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in Progressive Tech's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. Progressive Tech
does not control or endorse the content, messages or information found in any
Communication Service and, therefore, Progressive Tech specifically
disclaims any liability with regard to the Communication Services and any actions
resulting from your participation in any Communication Service. Managers and
hosts are not authorized Progressive Tech spokespersons, and their
views do not necessarily reflect those of Progressive Tech.
Materials uploaded to a Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination. You are responsible for adhering to
such limitations if you download the materials.
Materials provided to Progressive Tech or posted at any Progressive Tech web site
Progressive Tech does not claim ownership of the materials you provide to
Progressive Tech (including feedback and suggestions) or post, upload, input
or submit to any Progressive Tech Web Site or its associated services
(collectively "Submissions"). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting Progressive Tech, its
affiliated companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat
your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. Progressive Tech is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time in
Progressive Tech's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent
that you own or otherwise control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for you to provide, post,
upload, input or submit the Submissions.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE Progressive Tech WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Progressive Tech
AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Progressive Tech
WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Progressive Tech WEB SITE SHOULD
NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD
CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Progressive Tech AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Progressive Tech
WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OR CONDITION OF ANY KIND. Progressive Tech AND/OR ITS SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Progressive Tech
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE
OR PERFORMANCE OF THE Progressive Tech WEB SITE, WITH THE DELAY OR INABILITY TO
USE THE Progressive Tech WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE Progressive Tech WEB SITE, OR OTHERWISE ARISING OUT
OF THE USE OF THE Progressive Tech WEB SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Progressive Tech OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE
Progressive Tech WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE Progressive Tech WEB SITE.
Service contact
Contact Us
Termnation/access restriction
Progressive Tech reserves the right, in its sole discretion, to terminate your access
to the Progressive Tech Web Site and the related services or any portion thereof at
any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is
governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive
jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out
of or relating to the use of the Progressive Tech Web Site. Use of the Progressive Tech
Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of
these terms and conditions, including without limitation this paragraph. You agree that no
joint venture, partnership, employment, or agency relationship exists between you and
Progressive Tech as a result of this agreement or use of the Progressive Tech
Web Site. Progressive Tech's performance of this agreement is subject to existing laws
and legal process, and nothing contained in this agreement is in derogation of Progressive Tech's
right to comply with governmental, court and law enforcement requests or requirements
relating to your use of the Progressive Tech Web Site or information provided to or
gathered by Progressive Tech with respect to such use. If any part of this agreement
is determined to be invalid or unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability limitations set forth above, then the invalid
or unenforceable provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of the agreement shall
continue in effect. Unless otherwise specified herein, this agreement constitutes the entire
agreement between the user and Progressive Tech with respect to the Progressive Tech
Web Site and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and Progressive Tech with respect
to the Progressive Tech Web Site. 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 an d subject to the same conditions
as other business documents and records originally generated and maintained in printed form.
It is the express wish to the parties that this agreement and all related documents be drawn up
in English.
Copyright and trademark notices
All contents of the Progressive Tech Web Site are: Copyright 2008 by Progressive Tech
and/or its suppliers. All rights reserved.
Trademarks
The names of actual companies and products mentioned herein may be the trademarks of their
respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious.
No association with any real company, organization, product, person, or event is intended or should
be inferred.
Any rights not expressly granted herein are reserved.
Notices and proceedure for making claims of copyright infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright
infringement under United States copyright law should be sent to Service Provider's Designated
Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
See Notice and Procedure for Making Claims of Copyright Infringement.


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