Website Terms of Service
Effective Date: July 11, 2022
The Website is a resource for customers and potential customers. By registering for an account with the Website, you represent that you are at least 13 years of age and have not been previously suspended or removed from any Progress Learning web service.
3. Individual Features and Services
- When using the Website, you will be subject to any additional posted guidelines or rules applicable to specific services and features that may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms.
4. Modification of These Terms
Progress Learning reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time with or without notice. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes.
5. Digital Millennium Copyright Act
Progress Learning respects authors’ and content holders’ rights. It is Progress Learning’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). For more information, please go to Progress Learning’s DMCA
6. Ownership and License Grants
The Website is owned and operated by Progress Learning. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, services, and all other elements of the Website provided by Progress Learning (the “Materials”) are protected by United States copyright, patent, trade secret, trade dress and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the Website are the property of Progress Learning and its third-party licensors. All trademarks, service marks, and trade names are proprietary to Progress Learning or its third-party licensors. Except as expressly authorized by Progress Learning, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Progress Learning reserves all rights not expressly granted in these Terms.
7. Prohibited Conduct
- The following behaviors are prohibited by Progress Learning. You hereby agree that you shall not:
- rent, lease, loan, sell, resell, sublicense, distribute, or otherwise transfer the licenses granted herein or any Materials;
- download or copy account information for the benefit of another merchant;
- impersonate any person or entity, falsely claim an affiliation with any person or entity, access the Website accounts of others without permission, or perform any other similar fraudulent activity;
- delete the copyright or other proprietary rights on the Website;
- use the Website for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
- remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Website, features that prevent or restrict use or copying of any content accessible through the Website, or features that enforce limitations on the use of the Website;
- reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- modify, adapt, translate, or create derivative works based upon the Website or any part thereof;
- intentionally interfere with or damage operation of the Website or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious codes;
- use any robot, spider, scraper, or other automated means to access the Website for any purpose or bypass any measures Progress Learning may use to prevent or restrict access to the Website;
- interfere with or disrupt the Website, servers, or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;
- post, upload, or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other commercial content that detracts from the Progress Learning experience;
- upload any student work product or other materials that could be considered “education records” under the Family Educational Rights and Privacy Act (“FERPA”).
8. Right to Exercise
Progress Learning reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized or inappropriate use of the Website.
When you use the Website to create an account, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Progress Learning on registration and at all other times will be true, accurate, current, and complete. If you give us your email address, Progress Learning may use it from time to time to notify you about new products or to confirm transactions. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), then you agree to immediately notify Progress Learning. All quotes generated by the Website are estimates based upon the information you provide and are not a contract or agreement to provide products or services.
10. Indemnification; Disclaimer; Limitation of Liability
- You agree to indemnify, defend, and hold Progress Learning, its affiliated companies, contractors, employees, agents, and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Website, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. Progress Learning reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Progress Learning, and you agree to cooperate with Progress Learning’s defense of these claims. Progress Learning will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
THE Website AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. PROGRESS LEARNING DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ACCURATE OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PROGRESS LEARNING, DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
UNDER NO CIRCUMSTANCES WILL PROGRESS LEARNING OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANT, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS OR THE WEBSITE, EVEN IF PROGRESS LEARNING OR A PROGRESS LEARNING-AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE TOTAL LIABILITY OF PROGRESS LEARNING OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE WEBSITE OR YOUR INTERACTION WITH OTHER WEBSITE USERS WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE EXCEED ONE THOUSAND US DOLLARS ($1,000).
The failure of Progress Learning to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions. These Terms will be governed by and construed in accordance with the laws of the state of Georgia, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms will be filed only in the state or federal courts in and for Atlanta, Georgia, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action. These Terms, and all rights and licenses granted hereunder, may be assigned by Progress Learning without restriction. You may not assign or transfer your Progress Learning account.
Please contact us at [email protected] Learning.com if you have any questions or comments about this Policy. You can also contact us by general mail or phone listed below. General comments about our web site can be directed to [email protected] Learning.com.
2201 N Central Expy
Richardson, Texas, 75080