WEB SITE TERMS, CONDITIONS, & NOTICES
Overview
The following terms, conditions, and notices (“Site Rules”) apply to all visitors or users of this web site and any mobile or micro sites of Shared Progress that expressly adopt these Site Rules (the “Web site”). We may refer to Shared Progress as “we,” “us,” or “our” throughout the Site Rules. By using this web site, you agree to be bound by these rules and regulations, as they may be modified by us at any time and posted on this web site. In the event of a violation of these rules and regulations, we reserve the right to seek all remedies available by law.
Use of Web Site Information
You may not reproduce, copy, duplicate, assign, sell, transfer, misuse or exploit any portion of this web site without our prior written consent. All information on this Web site may be used only to buy and sell products listed on the Web site. In the event that we believe that you have failed to comply with any terms, conditions, or rules of the Web site, you agree that we have the right, without notice and in its sole discretion, to restrict your access to the Web site. Shared Progress may also, without notice and in its sole discretion, discontinue the Web site, or any part thereof, with or without notice. You agree that you do not have any right to use the Web site and that we no liability to you if the Web site is discontinued or your ability to access the Web site is terminated.
Communication with Shared Progress
You consent to receive electronic communications from Shared Progress, and agree that all notices, agreements, and other disclosures communicated to you electronically (by e-mail, posted to the sites, or other electronic means) satisfies any legal requirement that such communication be in writing. We shall be free to use any concepts, ideas, techniques, or know-how contained in any communication you send to the Web site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and services using such information. Any personally identifiable information you provide to us shall be subject to our Privacy Policy.
Linking to third-party web sites
When you click on links and banners on our site that take you to third-party web sites (including any gift card merchant links), you will be subject to said third parties’ rules and privacy policies. As such, Shared Progress cannot be responsible for the actions of any third-party web sites. We encourage you to read the posted privacy statement of every site you visit, whether you are linking from our site or browsing on your own.
Disclaimer
The Web site, and all content, materials, information, software, products and services provided on the Web site, are provided on an “as is” and “as available” basis.
Shared Progress expressly disclaims all representations and warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of quality, merchantability, fitness for a particular purpose and non-infringement, or the absence of latent or patent defect. Shared Progress makes no warranty that: (a) the Web site will meet your requirements; (b) the Web site will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Web site or any services offered through the Web site will be accurate or reliable; or (d) the quality of any products, services, information, or other material purchased or obtained by you through the Web site will meet your expectations.
Any content, materials, information or software downloaded or otherwise obtained through the use of the Web site is done at your own discretion and risk. Shared Progress shall have no responsibility for any damage or loss to your computer system or loss of data that results from the download of any content, materials, information or software. Shared Progress reserves the right to make changes or updates to the Web site at any time without notice.
Limitation of Liability
To the extent permitted by law, you agree that Shared Progress shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including, but not limited to, damages for lost profits or loss of goodwill, use, or data (even if Shared Progress has been advised of the possibility of such damages), that results from: (a) your use of or inability to use the Web site; (b) the cost you incur to substitute for any goods you purchased through the Web site; (c) access to use or misuse of or alteration of your personally-identifiable information or other information in an unauthorized manner; (d) representations or conduct of any third party related to Shared Progress, including our advertisers and business partners; or (e) any other matter relating to the Web site. Some jurisdictions do not allow the limitation or exclusion of liability, so some of the above limitations may not apply to you.
Indemnity
You agree to defend, indemnify and hold Shared Progress and its owners, officers, directors, employees and agents harmless from and against any and all claims, liabilities, damages, losses, costs or expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the Web site.
Jurisdiction
This Web site is controlled from Shared Progress’s offices within the State of Ohio. We do not imply that the materials published on this Web site are appropriate for use outside of the United States. If you access this Web site from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. The terms of this Web site shall be governed by the laws of the state of Ohio, without giving effect to its conflict of laws provisions.
You agree that these Site Rules describe the entire agreement between us with respect to its subject matter. The Web site was created and is operated under the laws of the State of Ohio, which will control the Site Rules provided herein, without giving effect to any principles of conflict of laws. Any cause of action arising out of these Site Rules shall be venued in the appropriate federal and state courts seated in Licking County, Ohio. If a court of competent jurisdiction finds that any provision of these Site Rules is invalid or unenforceable, we both agree that the other provisions of these Site Rules will remain in full force and effect.
Ownership of Sites and Copyright Information
You agree not to infringe, use or misappropriate any patent, copyright, trademark, trade name, trade secret, proprietary information or any other information, confidential or otherwise, disclosed on this Web site. You agree to defend, indemnify, and save Shared Progress harmless from any liability or loss arising from your violation of any third party trade secrets, proprietary information, trademark, patent, or copyright rights.
Revised date 6/21/2021.