Terms of Service
Terms of Service - Updated 04/02/2013
- ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE - www.progressmass.org ("Site") is operated by ProgressMass, a project of ProgressNow. Services offered on the Site ("Services") are provided to you ("Member") under the terms and conditions of this PROGRESSMASS Terms of Service and any operating rules or policies that may be published by PROGRESSMASS from time to time (collectively, "TOS"). The TOS comprises the entire agreement between Member and Site and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, MEMBER IS INDICATING MEMBER'S AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TOS.
- DESCRIPTION OF SERVICES -Services include various publishing and community services, including but not limited to the capability to post information to a web page and participate in web-based discussions. The Services are free of charge and are provided by PROGRESSMASS to Member at PROGRESSMASS's sole discretion and may be terminated by PROGRESSMASS at any time at PROGRESSMASS's sole discretion.
- MODIFICATIONS TO TERMS OF SERVICE - PROGRESSMASS reserves the right to change the terms and conditions of the TOS from time to time. If PROGRESSMASS makes substantive changes to the TOS, PROGRESSMASS will post a prominent announcement on the Site and post the changes to this page.
- MODIFICATIONS TO, OR TERMINATION OF, SERVICES - PROGRESSMASS reserves the right to modify, terminate, or discontinue the Services with or without notice to Member. PROGRESSMASS shall not be liable to Member or any third party should PROGRESSMASS modify, terminate, or discontinue the Services. In the event PROGRESSMASS terminates or discontinues Services, Member acknowledges and agrees that PROGRESSMASS has no obligation to provide Member with access to any information about Member that was on the site at the time of termination, including, but not limited to, information from Member's profile, a list of Member's contacts, or any other content that has been added to the Site by Member or anyone else.
- PETITIONS AND SURVEYS - For petitions and surveys signed or completed by Member, PROGRESSMASS may treat Member's name, city, state, and comments as public information-for example, PROGRESSMASS may provide compilations of petitions, with Member's comments, to public officials, but in no such case may PROGRESSMASS disclose Member's street address, email address or phone number, without Member's prior consent. PROGRESSMASS may also make Member's comments, along with Member's first name, city, state, and country, available to the press and public online.
- EMAILS - PROGRESSMASS will enable Member to send individual e-mails through the Site in Member's name, and in connection with such emails, PROGRESSMASS may disclose Member's e-mail address as the return address to public officials. If Member writes letters or emails to newspapers using the Site, PROGRESSMASS may disclose Member's email address and full name and contact information as part of the submission.
- COOKIES - Parts of the Site are password-protected. If Member checks "Remember Me" upon log-in, PROGRESSMASS may use a "cookie" to enable Member to return to password-protected areas of the website without having to re-enter Member's password.
- Data Tracking - From time to time, PROGRESSMASS may periodically analyze web logs in order to understand traffic patterns and determine whether there are problems with the Site. PROGRESSMASS may also use embedded images in emails to track open rates for mailings, so that we can analyze which mailings appeal most to PROGRESSMASS members. In no case, however, shall PROGRESSMASS disclose data about PROGRESSMASS members' behavior to any organization other than PROGRESSMASS.
- URLs - PROGRESSMASS may use URLs in emails that contain an id enabling PROGRESSMASS to correctly identify the person who takes an action using a web page. PROGRESSMASS may use these URLs to simplify the process of signing petitions and filling out surveys. PROGRESSMASS may occasionally present a shortened URL that references a longer URL which contains an id in order to prevent links from becoming broken when copied, and to ensure compatibility with email programs which do not handle long URLs. If PROGRESSMASS displays a shortened URL in an email, Member may see the full URL in the browser's address bar when member accesses the page.
- CONTENT OWNERSHIP - Member hereby disclaims and assigns to PROGRESSMASS any and all copyright ownership and all intellectual property rights with respect to information he or she publishes through PROGRESSMASS or otherwise enters into PROGRESSMASS -related services.
- CONTENT RESPONSIBILITY - Member acknowledges and agrees that PROGRESSMASS neither endorses the contents of any Member communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.
- MEMBER ACCOUNT, PASSWORD, AND SECURITY - After Member becomes a member of the Service, Member shall receive a password and an account. Member is entirely responsible if Member does not maintain the confidentiality of the password and account. Furthermore, Member is entirely responsible for any and all activities which occur under such account. Member may change his or her password at any time (to do so, go to the team area of any blog Member is a member of, click on Member's name and then "edit profile"); Member may also set up a new account and close an old one at Member's convenience.
Member agrees to immediately notify PROGRESSMASS of any unauthorized use of Member's account or any other breach of security known to Member.
- DISCLAIMER OF WARRANTIES - MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
PROGRESSMASS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
PROGRESSMASS MAKES NO WARRANTY THAT THE SERVICE WILL MEET MEMBER'S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SITE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
PROGRESSMASS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO MEMBER.
- LIMITATION OF LIABILITY - NEITHER PROGRESSMASS , NOR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS OR employees SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, REGARDLESS OF WHETHER MEMBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO MEMBER.
- NO RESALE OF THE SERVICE - Member agrees not to sell any portion of the Service or access to the Site to others.
- STORAGE AND OTHER LIMITATIONS - PROGRESSMASS assumes no responsibility for the deletion or failure to store information entered into PROGRESSMASS.
- MEMBER CONDUCT - Member is solely responsible for the contents of his or her transmissions through the Service and/or the Site. Member's use of the Service and the Site is subject to all applicable local, state, national and international laws and regulations.
Member agrees: (1) to comply with all applicable laws regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service and/or the Site for illegal purposes; (3) not to interfere or disrupt networks connected to the Service and/or the Site; and (4) to comply with all regulations, policies and procedures of networks connected to the Service and/or the Site.
The Service and the Site make use of the Internet to send and receive certain messages; therefore, Member's conduct is subject to Internet regulations, policies and procedures. Member will not use the Service or the Site for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.
Member agrees not to transmit through the Service and/or the Site any unlawful, harassing, libelous, abusive, threatening, or harmful material of any kind or nature. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.
Member shall not interfere with another Member's use and enjoyment of the Service or the Site or another entity's use and enjoyment of similar services.
- INDEMNIFICATION - MEMBER AGREES TO INDEMNIFY AND HOLD PROGRESSMASS , AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MEMBER'S USE OF THE SERVICE, THE VIOLATION OF THIS TOS BY MEMBER, OR THE INFRINGEMENT BY MEMBER, OR OTHER USER OF THE SERVICE USING MEMBER'S COMPUTER, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.
- TERMINATION - Either Member or PROGRESSMASS may terminate the Service with or without cause at any time and effective immediately. PROGRESSMASS shall not be liable to Member or any third party for termination of Service. Member's only recourse hereunder for any claim against PROGRESSMASS is to immediately discontinue use of the Service.
Upon termination of the Service, Member's right to use the Service and Software immediately ceases. Member shall have no right and PROGRESSMASS will have no obligation thereafter to forward any unread or unsent messages to Member or any third party.
- NOTICE - All notices to a party shall be in writing and shall be made either via email or conventional mail. PROGRESSMASS may broadcast notices or messages through the Service to inform Member of changes to the TOS, the Service, or other matters of importance; such broadcasts shall constitute notice to Member.
16. MISCELLANEOUS - The TOS shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to its rules of conflict of laws. Each of PROGRESSMASS and the Member hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts, or, if under applicable Law, exclusive jurisdiction is vested in federal courts, then of the United States of America located in the District of Massachusetts (collectively, the "Massachusetts Courts") for any litigation arising out of or relating to the TOS and the Service (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the Massachusetts Courts and agree not to plead or claim in any Massachusetts Court that such litigation brought therein has been brought in an inconvenient forum. If any provision(s) of the TOS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. PROGRESSMASS's failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by PROGRESSMASS in writing. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.