TERMS OF SERVICE
Welcome to Progress Retail! The Progress Retail website and service are provided by People in Progress Global Inc. (doing business as “Progress Retail”, “we” “us” or “our”). These terms of service (these “Terms of Service”) govern your (“you,” “your,” or a “user”) access to and use of the progressretail.com web site (the “Public Site”) and Progress Retail's retail operations and learning web application, its subdomains, and client domains (collectively, the “Website” and the “Services”). We reserve the right to change these Terms of Service from time to time for any reason, which shall be effected by posting of the updated Terms of Service to our Website. Access to the Website, and use of the Services are subject to these Terms of Service and the Progress Retail Privacy Policy available on the Website.
PLEASE REVIEW THESE TERMS OF SERVICE BEFORE USING THE WEBSITE OR ANY OF THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN DO NOT USE THE WEBSITE OR OUR SERVICES. BY USING OUR WEBSITE OR ANY OF OUR SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND HEREBY INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS OF SERVICE.
Progress Retail provides digital training, task management, and communications capabilities that allow our clients and groups of users to deliver personalized content, train, organize, mobilize, and continuously engage individual users and groups of users. We provide access to our Website and Services through clients with whom we have established a separate written client agreement (“Registered Clients”). These Terms of Service apply to all users, however, our separate written arrangements with applicable Registered Clients (“Progress Retail Client Agreements”) may contain restrictions or obligations of Progress Retail or the Registered Client in addition to, or in lieu of, those set forth in these Terms of Service.
You are responsible for obtaining any equipment and Internet service necessary to access our Website and for any paying any fees for the equipment and service You select. We may alter, suspend, or discontinue this Website and the Services in whole or in part, at any time and for any reason, without notice. The Website and associated Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
If you use the Mobile Web Application, your mobile carrier’s normal rates and charges apply. We are not responsible for any charges you incur from your mobile carrier as a result of use of the Services. You are responsible for ensuring that at all times while using the Service you are not in violation of your wireless data service agreement.
Any eligible user of a Registered Client of the Services may be provisioned for an account to utilize the functionality of the Services, pursuant to which you will receive login credentials to access and use the functionality of the Services.
During provisioning, you are required to give truthful contact information (such as name and email address) in accordance with our Terms of Service. We use this information to contact you about the services on our Website in which you have expressed interest. If we or a Registered Client provides you with any username and/or passwords (“Login Credentials”) for use with our Services you, together with any applicable Registered Client, if any, are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations) through such Login Credentials. You agree to notify us immediately if you believe that your Login Credentials have been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your Login Credentials. For your convenience as a Progress Retail member, all information that you provide to Progress Retail through our Website is subject to Progress Retail's Privacy Policy. You are responsible for keeping your registration information up to date through your account page, to the extent such feature is made available to you.
Upon registering for our Services, a user profile may automatically be created for you. In such case, you may select a profile photo to display with your profile information. You acknowledge that your name and profile may be viewed by other users in your Registered Client's tenant as applicable. Progress Retail is not responsible for any personal information you choose to share within your profile.
2. Disputes; Release.
Progress Retail expressly disclaims any liability or claims that may arise between users of our Services, including, without limitation, disputes between Registered Clients and users. You are solely responsible for your interactions with any Registered Client or other user and any disputes that arise from interactions with any of the foregoing.
Because Progress Retail is not responsible for the interaction between Registered Clients and their users or any related transactions, in the event that you have a dispute with one or more Registered Clients or users, you hereby release Progress Retail (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind, known and unknown arising out of or in any way related with such disputes.
If you are a California resident, in connection with the above release, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Subject to these Terms of Service and any other agreement between you and Progress Retail, we hereby grant to you a personal, non-transferable, non-exclusive, non-sublicensable right and license to access and use the Services, and all Content therein, solely within the scope of your status as a user of our Services. The term “Content” means all information, text, images, data, links, or other material posted on the sections of the Website that are (i) publicly available and (ii) which you have the right to access, whether created by us or provided by a third party for display on the Public Site.
We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.
Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website, Services or any Content displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service or the Progress Retail Client Agreements; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Website.
7. Monitoring.
We have the right, but not the obligation, to monitor Content or Submitted Content submitted through our Services, to determine compliance with these Terms of Service and any other applicable rules that we may establish, from time to time. We have the right in our sole discretion to edit or remove any material submitted to or posted in any online discussion forum or chat room provided through our Services. Without limiting the foregoing, we have the right to remove any material that Progress Retail, in its sole discretion, finds to be in violation of these Terms of Service or otherwise objectionable, and you are solely responsible for the Content and Submitted Content that you post on or through our Services.
By accessing our Website and/or using our Services, you agree to abide by the following standards of conduct set forth in any User-Client Agreements. You agree that You will not, and will not authorize or facilitate any attempt by another person to, use our Website or any related Service to:
a) Transmit any Content or Submitted Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Progress Retail.
b) Post Content or Submitted Content which infringes another’s copyright, trademark or trade secret or other intellectual property or proprietary right.
c) Post unsolicited advertising or unlawfully promote products or services.
d) Impersonate another person.
e) Exploit children under 18 years of age.
g) Introduce viruses, worms, Trojan horses, and/or harmful code to this Website or the Web Application.
h) Obtain unauthorized access to any computer system through this Website or the Web Application.
i) Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 16 years of age).
j) Solicit personal information from children under 16 years of age.
k) Violate any federal, state, local, or international law or regulation.
l) Encourage conduct that would constitute a criminal or civil offense.
In addition, You may not, and may not assist or enable others to, use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any portion of the Service, Submitted Content or Content.
Progress Retail reserves the right, without prior notice and in its sole discretion, to decide whether your use of the Website violates these Terms of Service for any of the above reasons or for any other reason, and if Progress Retail does so, to remove such content which you post to the Website and/or terminate your access to any Services.
By using our Services, You agree to indemnify, hold harmless and defend Progress Retail and its officers, directors, employees and agents from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of the Services.
You agree and acknowledge that the structure, organization, and code used in conjunction with the Website and Services are proprietary to Progress Retail. You shall not, and shall not permit any person or entity to: (i) use this Website or any Services on a service bureau, time sharing or any similar basis, or for the benefit of any other person or entity; (ii) alter, enhance, or make derivative works of the Website or Services; or (iii) reverse engineer, reverse assemble or decompile, or otherwise attempt to derive source code from, the Website or any software component. You shall not sell, transfer, publish, disclose, display or otherwise make available the Services including any modifications, enhancements, derivatives, and other software and materials provided hereunder by Progress Retail or copies thereof to others in violation of these Terms of Service.
Unless otherwise noted, all Content contained on this Website is the property of Progress Retail and/or its affiliates, Registered Clients or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
We do not claim ownership of Submitted Content under these Terms of Service, however, Submitted Content posted through our Services may be made accessible through our Web Application, with permission-based restrictions established by the applicable Registered Client Administrator(s). By submitting such Submitted Content, you agree to grant us a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, or display such Content, subject to the terms of our Privacy Policy and Registered Client Agreements. This license shall remain in effect until we delete the Content or Submitted Content from our systems.
10. Copyright Infringement; Notice and Take Down Procedures.
If you believe that any materials available through our Services infringe Your copyright, You may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that You believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that You believe to be infringing and its location, including a description of the material, its Website location or other pertinent information that will help us to locate the material; (3) Your name, address, telephone number, and email address; (4) a statement that You have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in Your claim is accurate; and (6) a statement that “under penalty of perjury,” You declare that You are the lawful copyright owner or are authorized to act on the owner’s behalf. Our agent for copyright issues relating to this Website is: Copyright Agent, or hello@progressretail.com.
11. Text Alerts/SMS.
If a User provides Progress Retail with their mobile phone number via editing their Profile, that User expressly opts-in to receive SMS and text messages from us relating to the Service. For example, we may send Users SMS or text messages about your account and any activity that occurs on your account. You acknowledge that messaging and data rates may apply depending on your user’s mobile phone service providers and that you or your Users are solely responsible for paying for any such SMS text messaging fees. Users may opt-out of receiving SMS text messages at any time by emailing us at help@progressretail.com or by texting STOP in response to the text messages Users receive.
12. Links to Third-Party Websites.
The Services may contain links to non-Progress Retail web sites. These links are provided to You as a convenience, and Progress Retail is not responsible for the content of any linked web site. Any non- Progress Retail web site accessed from the Services is independent from Progress Retail, and Progress Retail has no control over the content of that web site. In addition, a link to any non- Progress Retail web site does not imply that Progress Retail endorses or accepts any responsibility for the content or use of such web site. Use of any third party site is subject to its term of service and privacy policy. We request that our users exercise caution and good judgment when using third-party websites.
13. Disclaimer.
Under no circumstances will we be liable for any loss or damage caused by Your reliance on information in any Content, Submitted Content or by your use of our Services. It is Your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this Website. You are responsible for seeking the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
ALL CONTENT, SUBMITTED CONTENT, TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OUR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, PROGRESS RETAIL DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON OUR SERVICES IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR SENDING AUTOMATED EMAILS OR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER PROGRESS RETAIL NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT BETWEEN USERS. PROGRESS RETAIL AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
14. Limitation of Liability.
(a) Disclaimer. IN NO EVENT SHALL PROGRESS RETAIL BE LIABLE TO YOU, ANY OTHER USER OF OUR SERVICES, SUBSCRIBERS OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE SERVICES, SUBMITTED CONTENT, CONTENT OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
(b) Waiver of Class Action. ANY CLAIMS BROUGHT BY YOU OR PROGRESS RETAIL MUST BE BROUGHT IN THAT PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIMS RELATED TO THESE TERMS OF SERVICE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
15. Exclusions.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
16. Jurisdictional Issues.
We make no representation that information on this Website is appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.
17. Termination.
Unless set forth in an active Registered Client Agreement, we may terminate your access to our Services, in our sole discretion, for any reason and at any time, upon electronic notice to you at the e-mail address provided by you at registration. You agree that we are not liable to you or any third party for any termination of your access to this Website or Web Application. For the avoidance of doubt, you acknowledge and agree that, upon termination of these Terms of Service for any reason, You shall immediately pay all amounts that accrued prior to the date of termination, and that any obligation to pay Progress Retailthat accrued prior to the termination hereof will survive following such termination. Even after your right to use the Service is terminated or suspended, these Terms of Service will remain enforceable against you.
18. Unsolicited Ideas and Feedback.
While we welcome Your feedback, ideas, and suggestions, it is important to be aware of the following restrictions. If You send us feedback, ideas, or suggestions (collectively, “unsolicited ideas”), You agree that: (1) Your unsolicited ideas become the property of Progress Retail and You are not owed any compensation in exchange; (2) none of the unsolicited ideas contain confidential or proprietary information of any third party; (3) Progress Retail may use, develop, or redistribute unsolicited ideas for any purpose and in any way; (4) there is no obligation for Progress Retail to review Your unsolicited ideas; and (5) Progress Retail has no obligation to keep any unsolicited ideas confidential.
19. Governing Law; Dispute Resolution.
Unless set forth in an active Registered Client Agreement, these Terms of Service shall be governed by the laws of the State of Illinois, U.S.A., excluding: its conflicts of laws principles; the United Nations Convention on Contracts for the International Sale of Goods; the 1974 Convention on the Limitation Period in the International Sale of Goods; and the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. All disputes arising out of or relating to these Terms of Service shall be finally resolved by arbitration before a single arbitrator conducted in the English language in Cook County, Illinois, U.S.A. under the Commercial Arbitration Rules of the American Arbitration Association (AAA). You and Progress Retail shall appoint as sole arbitrator a person mutually agreed by you and Progress Retail or, if you and Progress Retail cannot agree within thirty (30) days of either party’s request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, Progress Retail shall be entitled to seek injunctive relief, security or other equitable remedies from the United States District Court for the Northern District of Illinois or any other court of competent jurisdiction.
20. Miscellaneous.
You may not assign or transfer your rights or obligations under these Terms of Service in whole or in part to any third party without the consent of Progress Retail. These Terms of Service shall bind and inure to the benefit of the parties to these Terms of Service and their respective successors, permitted transferees, and permitted assigns. Progress Retail and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party. These Terms of Service contain the entire understanding of the parties with respect to the transactions and matters contemplated hereby, supersedes all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement provided by Progress Retail or any subscriber agreement, and cannot be amended except by a writing signed by both parties or by Progress Retail's posting of an amended version of these Terms of Service on its Website. The headings and captions used in these Terms of Service are used for convenience only and are not to be considered in construing or interpreting these Terms of Service. If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
21. Minors.
Progress Retail Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use our Services only in conjunction with and under the supervision of a parent. In this case, the parent is responsible for any and all activities of such minor.
22. For Additional Information.
If You have any questions about these Terms of Service, please contact us at: 222 W. Merchandise Mart Plaza, Suite 1212, Chicago, IL 60654, or via www.progressretail.com
Version: October 17, 2024
