Terms and Conditions
Last modified: October 1, 2009
The network of Web Sites (collectively, the "Sites") operated by Progressive Cleaning Corporation, Inc., (Progressive Cleaning℠) is comprised of various web sites and web pages. The Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular Progressive Cleaning℠ website or web page included within the Sites may also be subject to additional terms outlined elsewhere on that web site or page. Additionally, the Progressive Cleaning℠ web sites may themselves contain additional terms that govern particular features or offers. In the event that any of the terms, conditions, and notices contained herein conflict with the other terms and guidelines contained within any particular Progressive Cleaning℠ web site or page, then these Terms and Conditions shall control.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE (this "Site"). By accessing or using this Site, you agree to these Terms and Conditions and all applicable laws. If you do not agree to these Terms and Conditions you may not use this Site.
Copyrights and Trademarks
The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of Progressive Cleaning Corporation, Inc. The collective work includes works that are licensed to Progressive Cleaning Corporation, Inc. Copyright 2007 - 2009. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to Progressive Cleaning Corporation, Inc., or other respective owners that have granted Progressive Cleaning Corporation, Inc. the right and license to use such Marks.
Rules of Conduct
You agree that you will not use the Site for any purpose that is unlawful or not permitted by these Terms and Conditions. By way of example, and not as a limitation, you agree you shall not do any of the following:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights such as rights of privacy of others.
- Publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.
- Upload or otherwise transfer files that contain software or other material protected by intellectual property laws (or by rights of privacy or confidentiality) unless you own or control the rights thereto or have received all necessary consents.
- Upload or otherwise transfer files that contain viruses, corrupted files or any other similar software or programs that may damage or inhibit the operation of another computer.
- Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
- Falsify the origin or source of software or other material contained in a file that is uploaded.
- Advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters without the express written permission of Progressive Cleaning Corporation, Inc.
- Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
- Use any communications or content or other information obtained through the Site in a manner that is competitive with the Site or Progressive Cleaning Corporation, Inc. business.
You acknowledge that web sites are public and not private communications. Further, you acknowledge that no communication of a third party or content is endorsed by Progressive Cleaning Corporation, Inc. and no communication of a third party or content may be considered reviewed, screened or approved by Progressive Cleaning Corporation, Inc. As explained below, Progressive Cleaning Corporation, Inc reserves the right for any reason to remove without notice any communication, content or other material posted to the Site.
You also agree not to use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You also agree not to attempt to gain unauthorized access to any other Progressive Cleaning Corporation, Inc. member accounts, computer systems or networks unless authorized in writing in advance. You also agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Confidential Information
You acknowledge that the Confidential Information (defined below) which you obtain through the entering into of the Site and the use of the Site constitutes valuable, confidential, proprietary information of Progressive Cleaning Corporation, Inc., and you agree that you shall not, without the express written consent of Progressive Cleaning Corporation, Inc., use or disclose to any other person any such Confidential Information, except as specifically authorized by Progressive Cleaning Corporation, Inc. or as required by applicable law.
For the purposes of these Terms and Conditions, Confidential Information means any and all data, information, documents, software or materials relating to the business and management of Progressive Cleaning Corporations, Inc., its members, affiliates, licensors or licensees, that is designated as confidential or ought reasonably to be considered confidential, including but not limited to: their business model and operations, processes, products, designs, pricing, promotions, business plans, business opportunities, finances, research, development, know-how, trade-secrets, training materials, personnel, clients, methodologies, Site content belonging to others and other intellectual property.
Indemnity
You agree to indemnify, defend and hold Progressive Cleaning Corporation, Inc. and its affiliates, and their respective directors, officers, employees, shareholders, partners and agents (collectively, the "Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including lawyers fees on a solicitor and client basis) incurred by any Party in connection with: (i) any use or alleged use of the Site under your Customer Identity by any person, whether or not authorized by you; (ii) or resulting from any communication made or Content uploaded under your Customer Identity; or (iii) any breach by you of these Terms and Conditions. Progressive Cleaning Corporation, Inc. reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Progressive Cleaning Corporation, Inc. defense of such claim.
Disclaimer of Warranties
THE SITE, INCLUDING ANY CONTENT CONTAINED THEREIN, ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Progressive Cleaning Corporation, Inc. DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
Progressive Cleaning Corporation, Inc. DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY CONTENT AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
Limitation of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SITE INCLUDING WITHOUT LIMITATION ANY OF THE CONTENT OR INFORMATION CONTAINED THEREIN.
IN NO EVENT SHALL Progressive Cleaning Corporation, Inc., ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, LICENSORS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SITE, THE CONTENT OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF Progressive Cleaning Corporation, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
IN ANY EVENT, Progressive Cleaning Corporation, Inc. TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT OR IN RESPECT OF THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE SITE OR THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) UNITED STATES DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF Progressive Cleaning Corporation, Inc. OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Applicable Law
The Site is controlled, operated and administered by Progressive Cleaning Corporation, Inc. from within the Commonwealth of Virginia, United States. The Site can be accessed from all states of the United States, as well as from other countries around the world. As each of these jurisdictions have laws that may differ from those of the Commonwealth of Virginia, by accessing the Site, you acknowledge and agree that these Terms and Conditions will be governed under the laws of the Commonwealth of Virginia and the federal laws of the United States applicable therein (without reference to conflicts of laws principles). You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Commonwealth of Virginia, United States with respect to the subject matter of these Terms and Conditions. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
You consent to service of any required notice or process upon you by email, registered mail or overnight courier with proof of delivery notice, addressed to the address or contact information provided by you at the time you are first granted access to the membership portions of the Site, or such other address as you may advise us in writing to use, from time to time.
If Progressive Cleaning Corporation, Inc. is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse Progressive Cleaning Corporation, Inc. for its legal fees, costs and disbursements if Progressive Cleaning Corporation, Inc. is successful.
Acknowledgment
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THESE ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND Progressive Cleaning Corporation, Inc., WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND Progressive Cleaning Corporation, Inc. RELATING TO THE SUBJECT OF THESE TERMS AND CONDITIONS.
