Terms of Service

Welcome. You agree that by submitting information about yourself, or by accessing and using our website and applications, you are agreeing to enter into a legally binding contract with ProgressIQ, even if you are using our services on behalf of a company or institution.

If you do not agree to this contract do not access or otherwise use any of our Services.
Please review the following terms that govern your use of ProgressIQ services.

1. These Terms. The Websites, applications and other services of ProgressIQ (the “Services”) are provided by Academic Progress Intelligence, Inc. and its affiliates and successors (‘we” or “us”). These terms serve as contract between you and us (the “Terms”). We use the term “you” to mean you as an individual or the entity on behalf of whom you are acting that is agreeing to these Terms. Please read them. Each time you access the Services, you reaffirm your agreement to the then-current Terms. These Terms are in electronic form and have the same effect as an agreement in writing. We may change these Terms at any time. The changes take effect after we post the changes. If you don’t agree to the changes, you must discontinue your use of the Services before the changes become effective. Otherwise, the new terms will apply to you. You agree that if you sign up for any subscription services, such services will be subject to separate terms and conditions.
2. You have a limited right to access and use the Services. The Services are licensed, not sold.  We give you a nonexclusive, non-assignable, non-transferable license to use the Services for internal or personal purposes and in accordance with these Terms. We reserve all other rights.
3. About the Services. You do not need to register with us when you visit our Services. If you ask us to contact you or to provide you with a demo, you agree to provide true and accurate information about yourself and to keep this information up to date. You must be at least 18 years of age or otherwise legally capable to enter into an agreement. We may refuse any registration in our sole discretion and terminate any account immediately if we learn that you do not meet the requirements for the Services as we determine in our sole discretion.
4. You may not use our Services for unlawful or unauthorized purposes. You may not, and you may not permit any other party to: (a) Copy, modify, distribute, or sell the Services; (b) Attempt to extract the Services’ source code (unless laws prohibit those restrictions); (c) Export the Services in violation of export laws; (d) Scrape data or content from the Services and its databases; (d) Impersonate any person or entity; (e) Share access to your account or jeopardize the security of your account; (f) Attempt to gain unauthorized access to the Services and computer network; or (g) Damage, disable, or impair our computer networks.
5. We and our licensors own all rights to the Services.  We and our licensors own all trademarks, copyright, database rights and other intellectual property rights of any nature in the Services, including all content and underlying software code.  We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms. We may report any abuses to legal authorities.
6. You give us permission to collect information about you when you use the Services. You agree that we may collect information about you and your use of the Services in accordance with our Privacy Policy. Your personal information may be collected, processed and stored by us or our service providers in the United States and other countries where our servers reside. Please be aware that the privacy protections and legal requirements, including the rights of authorities to access your personal information, in some of these countries may not be equivalent to those in your country. If you are using our Services in the European Economic Area or other regions with laws governing data collection and use that may differ from United States law, you consent to the transfer of your personal data to the United States and other countries where we operate our services. In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
7. Term. This Agreement can be canceled at any time.  Either you or we may cancel or terminate access to the Services and terminate these Terms any time without notice and for any reason.
8. We give no Warranties. WE PROVIDE THE SERVICES “AS IS.” YOU USE THE SERVICES AT YOUR OWN RISK. WE DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. ALL SERVICE DESCRIPTIONS AND PRICING ARE SUBJECT TO CHANGE AND INFORMATION ON THE SERVICES MAY NOT ALWAYS BE UP TO DATE.
9. We limit our liability to you. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL OUR OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, AGENTS, REPRESENTATIVES, VENDORS, LICENSORS, DISTRIBUTORS, OR WE HAVE ANY LIABILITY TO YOU FOR ANY CONSEQUENTIAL, SPECIAL OR INDIRECT LOSSES. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE AMOUNT OF FEES YOU PAID TO US WITHIN THE PREVIOUS SIX (6) MONTHS OF A CLAIM.
10. You must indemnify us if you violate these terms.  Upon a request by us, you agree to defend, indemnify, and hold harmless us and our employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of the Services.
11. Third Party Services. Our Services may display some content from third-party providers. This third-party content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. We reserve the right but we have no obligation to review such third-party content.
12. This is the entire Agreement. If any part of these Terms cannot be enforced, the rest of these Terms stay in effect.  You may not assign your rights or obligations under these Terms. We may assign these terms at any time. These terms do not create a legal partnership, joint venture, agency or employment relationship between you and us. If a court of law finds any provision of these Terms as being unenforceable, the remaining terms of this agreement remain in force and effect. These Terms serve as the final and complete agreement between you and us regarding your use of the Services.

You agree to accept all terms and notices electronically. These Terms shall be governed by, and interpreted under, the Laws of California. YOU AGREE THAT ANY CLAIM REGARDING THESE TERMS OR THE SERVICE ARISES IN AND SHALL BE RESOLVED BY A COURT OF COMPETENT JURISDICTION IN LOS ANGELES COUNTY, CALIFORNIA. The United Nations Convention on Contracts for the International Sale of Goods shall not govern these Terms. Sections 5, 8, 9, 10, 11 and 12 survive termination of these Terms.

Last Updated: 2 March 2018