TERMS AND CONDITIONS REGARDING USE OF THIS WEBSITE
This Website is owned by Progressive Foam Technologies, Inc. (hereinafter “Progressive Foam”) and is maintained to serve the needs of its customers and visitors. Progressive Foam provides all the information on this site (together with the underlying source HTML files that implement the hypertext features, hereinafter “the Website”) exclusively under the Terms and Conditions presented below. Progressive Foam may at any time revise these Terms and Conditions by updating this page on the Website. You are bound by any and all revisions and, therefore, should periodically visit this page to review the current Terms and Conditions.
Ownership, License and Restrictions on Use
All right, title, and interest (including all copyrights, trademarks, and other intellectual property rights) in this Website is the sole and exclusive property of Progressive Foam. Any names, images, pictures, logos, and icons identifying Progressive Foam’s products and services are proprietary marks of Progressive Foam (whether or not registered). Except as expressly provided below, nothing contained herein shall be construed as granting or conferring any license or right, by implication, estoppels or otherwise, under copyright, trademark or other intellectual property rights.
You are hereby granted a non-exclusive, non-transferable, limited license to view the Website, and to download and/or print insignificant portions of materials retrieved from the Website provided (1) it is only for informational, non-commercial purposes; and (2) you do not remove or obscure the copyright notice or other notices. Except as expressly provided above, no part of this Website, including but not limited to materials retrieved therefrom and the underlying code, may not be reproduced, republished, copied, transmitted, or distributed in any form or by any means, with the express written permission of Progressive Foam.
Links to Third Party Websites
THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND PROGRESSIVE FOAM EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PROGRESSIVE FOAM DOES NOT WARRANT OR REPRESENT THAT ANY MATERIAL ON THE WEBSITE IS ACCURATE, COMPLETE, CURRENT, RELIABLE OR ERROR-FREE.
Progressive Foam disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (1) any errors in or omissions from the Website, including but not limited to technical inaccuracies and typographical errors, (2) any third party websites or content therein directly or indirectly access through links on the Website, including but not limited to any errors in or omissions therefrom, (3) the unavailability of the Website or any portion thereof, (4) your use of the Website, or (5) your use of any equipment or software in connection with the Website.
LIMITATION OF LIABILITY
A COVERED PARTY (AS DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE WEBSITE, INCLUDING ITS CONTENT, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. “Covered Party” means Progressive Foam, and any officer, director, employee, contractor, subcontractor, agent successor, or assign thereof.
Governing Laws, Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Ohio. Disputes arising hereunder or in any way related to the Website shall be exclusively subject to the jurisdiction of the United States District Court for the Northern District of Ohio, and/or the State courts of Ohio in Cuyahoga County, Ohio.
Distributors and/or contractors listed here are independent contractors or distributors and not affiliates of Progressive Foam. The decision to engage any distributor listed on the Website is a decision solely made by you. You must address any dispute you have with an independent distributor you utilize directly with that independent distributor, and you release Progressive Foam from any and all claims you may have related to your selection of an independent distributor listed here and/or any dispute you may have with such distributor.
The decision to hire any contractor listed on the Website is a decision made solely by the homeowner. Progressive Foam does not guarantee the quality of work performed by any contractor. You must address any dispute you have with an independent contractor you hire directly with that independent contractor, and you release Progressive Foam from any and all claims you may have related to your selection of an independent contractor listed here and/or any dispute you may have with such contractor.
Changes to the Website; Modifications to Terms and Conditions
The Website and these Terms and Conditions may be changed by Progressive Foam with or without notice. You are solely responsible for reviewing this link on a regular basis for any such changes. Continued use of the Website following any such changes constitutes your acceptance of such changes.
Entire Agreement; Severability
These Terms and Conditions incorporate by reference any notices contained on the Website and constitute the entire agreement with respect to your access to and use of the Website. If any provision of these Terms and Conditions is unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
Any communication that you transmit to Progressive Foam over the Website, by electronic mail, or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated, at the discretion of Progressive Foam as nonconfidential and non-proprietary. Progressive Foam may, at its discretion, use this communication or information contained therein for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting, without compensation. Disclosure shall constitute an assignment of all right, title, and interest in such information to Progressive Foam.
SMS Text Messaging
Progressive Foam offers an SMS Text Messaging service to help you stay informed with important account or product related topics that need your attention. Please see SMS Policy for additional information and the corresponding Terms and Conditions associated therewith.
Progressive Foam reserves the right to reject or terminate any links to the Site or any content contained therein.
If You Do Not Agree
IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THE WEBSITE.
Last Updated November 23, 2022