BY REGISTERING FOR AND USING THE PROGRESSIVE WEB SITE, YOU AGREE TO
BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT, AND ALL
POLICIES AND GUIDELINES OF THE SITE ARE INCORPORATED BY REFERENCE.
Progressive Solutions Inc., herein after referred to as PSI, reserves the right to change any of the
terms and conditions contained in this Agreement or any policies or guidelines governing the
Site or Services, at any time and in its sole discretion. Any changes will be effective upon
posting of the revisions on the Site. All notice of changes to this Agreement will be posted on the
Site for thirty (30) days. You are responsible for reviewing the notice and any applicable
changes. Changes to referenced policies and guidelines may be posted without notice to you.
YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING PSI'S
POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH
CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS
AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.
Last updated: May 9th, 2008.
- Eligibility. Use of the Site and Services is limited to parties that lawfully can enter into
and form contracts under applicable law. For example, minors are not allowed to use the
Services. To register, you must provide your real name, address, phone number, e-mail
address, and valid credit card information.
- Applicable Policies and Guidelines. You agree to abide by the procedures and
guidelines available via the PSI site. Such policies and guidelines are incorporated by
reference into, and made part of, this Agreement. The procedures and guidelines may
explain the processes and set out acceptable conduct and prohibited practices. We may
change these procedures and guidelines in the future, and such changes will be effective
immediately upon posting without notice to you. You will provide to us (using the
processes and timing that we designate) any requested information regarding shipment,
tracking (to the extent available) and order status, and we may make any of this
information publicly available.
- Revocation. Any fraudulent information provided may result in revocation of your
access to use this site.
- Payer Actions If we reasonably conclude based on information available to us that payer
actions and/or performance in connection with the Services may result in a significant
number of payment disputes, chargebacks or other claims, then we may, in our sole
discretion, delay initiating any remittances for the shorter of: (a) a period of 90 days
following the initial date of suspension; or (b) completion of any investigation(s)
regarding any Payer actions and/or performance in connection with this Agreement.
- Notices. All notices will be sent by e-mail or will be posted on the PSI website. We will
send notices to Payer at the e-mail address maintained in PSI's records. Payer will
monitor his or her e-mail messages frequently to ensure awareness of any notices sent by
us. Payer will send notices to us at the mailing address designated on the website. E-mail
notices are deemed written notices for all purposes for which written notices may be
required. E-mail notices are deemed received the Business Day after transmission if
properly addressed to the intended recipient. If not sent by e-mail, notice may be
provided in writing and mailed U.S. Mail, postage paid, First Class mail properly
addressed or personally delivered by express courier such as Federal Express. First Class
mail is properly addressed if sent by us to the address maintained in our records. First
Class mail is properly addressed if sent to the current address published by us on our Web
site. First Class mail is deemed received three Business Days after it is deposited in the
U.S. Mail. A notice sent by express courier is deemed received when personally delivered
to the intended recipient or to a person with apparent authority to receive such delivery
on behalf of the intended recipient.
- Refusal of Service. We may refuse service to anyone for any reason.
- Password Security. Your password may be used only to access the Site, use the
Services, electronically sign your transactions, and review your completed transactions.
You are solely responsible for maintaining the security of your password. You may not
disclose your password to any third party (other than third parties authorized by you to
use your account) and are solely responsible for any use of or action taken under your
password on this Site. If your password is compromised, you must change your
- Illegal Activity.
a. Compliance with Laws; Fraud. The Site and Services may be used only for lawful
purposes and in a lawful manner. You agree to comply with all applicable laws, statutes,
and regulations. You may not register under a false name or use an invalid or
unauthorized credit card. You may not impersonate any participant or use another
participant's password(s). Such fraudulent conduct is a violation of federal and state laws.
Fraudulent conduct may be reported to law enforcement, and PSI will cooperate to ensure
that violators are prosecuted to the fullest extent of the law.
b. Investigation. PSI has the right, but not the obligation, to monitor any activity and
content associated with this Site and investigate as we deem appropriate. PSI also may
investigate any reported violation of its policies or complaints and take any action that it
deems appropriate. Such action may include, but is not limited to, issuing warnings,
suspension or termination of service, denying access, and/or removal of any materials on
the Site, including listings and bids. PSI reserves the right and has absolute discretion to
remove, screen, or edit any content that violates these provisions or is otherwise
c. Disclosure of Information. PSI also reserves the right to report any activity that it
suspects violates any law or regulation to appropriate law enforcement officials,
regulators, or other third parties. In order to cooperate with governmental requests, to
protect PSI's systems and customers, or to ensure the integrity and operation of PSI's
business and systems, PSI may access and disclose any information it considers
necessary or appropriate, including but not limited to user contact details, IP addressing
and traffic information, usage history, and posted content.
- Privacy. The Privacy Notice may be changed by us in the future. You should check the
Privacy Notice frequently for changes. PSI and its affiliates may communicate with you
in connection with your purchases and the Services, electronically and in other media,
and you consent to such communications regardless of any "Customer Communication
Preferences" (or similar preferences or requests) you may have indicated on the Site or by
any other means.
- No Warranties. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS"
BASIS. PSI MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
a. THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
b. THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS,
WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY,
SECURE, OR OPERATE WITHOUT ERROR;
c. THAT THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
INCLUDED ON THE SITE OR VIA EXTERNAL LINKS PROVIDED ON THE PSI
SITE WILL BE CORRECT OR RELIABLE;
d. ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR
USAGE OF TRADE; AND
e. ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT,
WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF PSI.
- TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PSI
DISCLAIMS ANY AND ALL SUCH WARRANTIES.
- Applicable Law. The Site and the Services are arranged, sponsored, or managed by PSI.
The laws of the state of California govern this Agreement and all of its terms and
conditions, without giving effect to any principles of conflicts of laws. Any dispute with
PSI or its affiliates relating in any way to these terms and conditions or your use of the
Services in which the aggregate total claim for relief sought on behalf of one or more
parties exceeds $7,500 shall be adjudicated in any state or federal court in Orange
County, California, and you consent to exclusive jurisdiction and venue in such courts.
- General Provisions.
a. Entire Agreement. This Agreement, including any terms and conditions incorporated
herein by reference, and the general terms and conditions of the Site, including but not
limited to the Privacy Notice and Conditions of Use, constitute the entire agreement of
the parties with respect to the subject matter hereof, and supersede and cancel all prior
and contemporaneous agreements, claims, representations, and understandings of the
parties in connection with the subject matter hereof.
b. No Agency; Third-Party Beneficiary. PSI is not the agent, fiduciary, trustee, or other
representative of you. Nothing expressed or mentioned in or implied from this Agreement
is intended or shall be construed to give to any person other than the parties hereto any
legal or equitable right, remedy, or claim under or in respect to this Agreement. This
Agreement and all of the representations, warranties, covenants, conditions, and
provisions hereof are intended to be and are for the sole and exclusive benefit of PSI and
c. Severability. If any provision of this Agreement shall be deemed unlawful, void, or for
any reason unenforceable, then that provision shall be deemed severable from these terms
and conditions and shall not affect the validity and enforceability of any remaining
d. No Waiver. We will not be considered to have waived any of our rights or remedies
described in this Agreement unless the waiver is in writing and signed by us. No delay or
omission by us in exercising our rights or remedies will impair or be construed as a
waiver. Any single or partial exercise of a right or remedy will not preclude further
exercise of any other right or remedy. PSI 's failure to enforce the strict performance of
any provision of this Agreement will not constitute a waiver of PSI 's right to
subsequently enforce such provision or any other provisions of this Agreement.
- Termination. PSI, in its sole discretion, may terminate this Agreement, access to the Site
or the Services.