Terms of Service
The following terms and conditions shall govern the materials and services provided to you by Progressive Speaker ("PS") from this web site (the "Site").
By accessing and using this Site, you acknowledge that you have read and understand these Terms and Conditions, and that you accept them and agree to be legally bound by them. You should not use this Site if you have any objections to any of these Terms and Conditions.
Progressive Speaker may revise these Terms and Conditions over time as new features are added to the Site or as Internet law and standards evolve. We will post those changes prominently but we do recommend that you read these Terms and Conditions each time you visit the Site.
Copyright and Permissions
Please feel free to browse the Site. You may download or make single copies of materials displayed on the Site for your own personal and noncommercial use, but all copies shall retain the copyright, trademark and other proprietary notices displayed with the materials on the Site.
You may not distribute, transmit, copy, download or otherwise make available any material from the Site, including any text or images, for public or commercial use, without the prior written permission of PS; you also may not distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer or sell any material contained on the Progressive Speaker Site without prior written permission.
None of the material contained on the Site (including all software, HTML code and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed without the prior written permission of PS.
Except as otherwise noted, all content of the Site is:
Copyright © 2019 Progressive Speaker
All Rights Reserved
For further information regarding permission to use material, please contact us. We can be reached by e-mail at [email protected].
The trademarks/service marks and logos (collectively the "Marks") displayed on the Site identify Progressive Speaker’s products and services, and inform the public that the PS is the source of those products and services. Nothing contained on the Site should be construed as granting any right or license to use any Mark displayed on the Site. Your misuse of any Mark is strictly prohibited.
You are also advised that PS will enforce its intellectual property rights to the fullest extent of the law. You agree not to display or otherwise inappropriately use the Marks without prior written permission from Progressive Speaker. Please make such requests by e-mail at [email protected]. We will evaluate your request and respond as soon as possible.
Fair Use & Proper Attribution of Marks
You may make fair use of the Marks in news, advertising and promotional materials, and in referring to our products and services (for example, in a consumer magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution. Any other uses require prior written permission from PS. Please make such requests by e-mail at [email protected]. We will evaluate your request and respond as soon as possible.
The policy of PS is to respect and protect the privacy of our users. Progressive Speaker includes as part of its mission, the constant effort to build users' trust and confidence in the Internet by promoting fair information practices. To fulfill this mission, PS agrees to exercise reasonable precautions to maintain the confidentiality of information provided by you in connection with accessing and using this Site. Progressive Speaker also agrees to post prominently and in plain language its specific privacy policies.
This Site contains information about our speakers and explains how you can select a speaker and arrange for your event. All information on the Site conforms to the specifications of PS. If you have comments or questions, you can reach PS by e-mail at [email protected].
Determination of the suitability of a speaker is your sole responsibility. Progressive Speaker disclaims any responsibility in that regard.
Disclaimers and Limitation of Liabilities and Warranties
PROGRESSIVE SPEAKER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE. (BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.) PROGRESSIVE SPEAKER MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY OF THE MATERIALS/SERVICES AVAILABLE FROM THE SITE, ALL OF WHICH ARE BEING OFFERED "AS IS." PROGRESSIVE SPEAKER ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR YOUR DOWNLOADING ANY MATERIALS FROM THE SITE.
Intellectual Property Limitation of Liability
PS respects the intellectual property of others, and we ask visitors to the Site to do the same. If you believe that your work has been used in a way that constitutes copyright infringement, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to a designated Copyright Agent of PS:
- Identification of the copyrighted work(s) that you claim has been infringed;
- Identification of where the material that you claim to be infringing is located on the Site;
- A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of an exclusive copyright that is allegedly infringed or are authorized to act on the copyright owner's behalf;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
Any action based on a breach of the terms herein shall be brought to the United States District Court for the Eastern District of Virginia or the Circuit Court of Alexandria, Virginia, whichever is appropriate, and to whose jurisdiction you consent in such an action. If a breach is found by the court, the court shall have the right to issue an injunction to prevent such a breach, and grant to PS its damages and attorneys' fees and such other and further relief as the court may deem appropriate.
Applicable Laws and Jurisdictional Issues
This Site shall be governed by the laws of the United States, including federal copyright and trademark laws, and with the laws of the Commonwealth of Virginia applicable to contracts entered into and to be wholly performed therein without regard to conflict of laws or choice of laws principles. By visiting the Site, you consent to the jurisdiction of the federal and state courts presiding in Virginia and you agree to accept service of process by mail. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available.
Notwithstanding any other provision contained in these Terms and Conditions, in the event that the performance of any obligation of PS is prevented due to acts of God, exchange controls, export or import controls, or any other government restriction, wars, hostilities, blockades, civil disturbances, revolutions, strikes, lockouts, or any other cause beyond the reasonable control of Progressive Speaker, then PS shall not be responsible to you for any failure or delay in the performance of its obligations. PS shall promptly notify you of such force majeure condition. The terms of this clause shall not exempt, but merely suspend, PS from its duty to perform until as soon as practicable after a force majeure condition ceases to exist.
Invalidity of Provisions
In the event that any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention and the remainder of the provisions shall remain in full force and effect.
Any failure by PS to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.
These Terms and Conditions constitute the entire understanding between Progressive Speaker and you with respect to the Site.
BY USING THE SITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS AND ANY SUBSEQUENT MODIFICATIONS. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL.
Last Updated: April 18, 2019