Terms of Service

Terms of Service

This website is owned and operated by Progressive Laboratories, Inc. which serves as an e-commerce website as well as providing certain information.  The use of this website is conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting and/or accessing our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions.  If you do not agree to all the terms and conditions of this agreement, then you may not access the website, make purchases or use any services.  If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any modifications to this website are also subject to the Terms of Service.  We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website without notification to you.  Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

All Content included in this site, such as graphics, logos, icons, images, video, audio, HTML code, scripts, texts, etc. is Progressives’ property and is protected by United States and international copyright laws.  Use of Content including, but limited to, images, graphics, logos, video, text, code, etc. is strictly prohibited.

Progressive retains the exclusive right, title and interest in and to the Content as well.  All use of Content is at Customer’s/Visitor’s sole risk and Progressive is under no obligation to monitor Customer’s/Visitor’s use or notify any customers of changes or deletions.  Customer/Visitor is responsible for complying with all applicable local, state, federal and foreign laws relating to its use of the Content.  Customer/Visitor may not violate any applicable law or regulation with its use of the Content.

Customer/Visitor agrees to not modify, change, exploit, disparage, or make derivative works, any portion of the Content for any reason.  Moreover, Customer/Visitor may not, without Progressives’ express written consent, perform any of the following: (a) link to any web page of this site; (b) use any metatags or any other “hidden text” utilizing our Content; or (c) frame, inline link or utilize other similar techniques to associate or juxtapose any Content with advertisements and/or other information not originating from this site.

Reservation of Right

Progressive reserves the right, in its sole discretion, to determine which Customers may purchase its products, and what selection of combination of Products, if any, are available to each approved Customer.  Progressive also reserves the right, in its sole discretion, to sell to any party, to refuse to sell to any party, or to cease selling to any party.

Indemnification

Customer agrees to defend, indemnify, and hold harmless Progressive, its officers, directors, employees and its agents from and against any claims, demands, actions, suits, proceedings, costs, expenses, damages and liabilities, at law or in equity claims, actions or demands, including without limitation, reasonable legal fees, arising out of, connected with, or resulting from Customer’s use of the Content or use of the Content in violation of these Terms.

In no case shall Progressive, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.