Terms of Use

These Terms of Use (“Terms”) are a binding agreement between you and Sport Surge Inc., the company that operates Progress Report (“Sport Surge Inc.,” “we,” “us,” or “our”), governing your use of the Progress Report website and service. By creating an account or using the service, you agree to these Terms, our Privacy Policy, and our Health & Safety Disclaimer, which are incorporated here by reference. If you do not agree, do not use Progress Report.

Eligibility

You must be at least 18 years old and able to enter into a binding contract to create an account. Accounts are for a parent or legal guardian, who sets up and supervises use by a youth athlete and is responsible for that athlete's participation. You are responsible for all activity on your account and for keeping your password secure.

What you get and what it costs

A report cycle is a one-time purchase of $20 per athlete. It unlocks the printable coach report card, score entry, and a 10-week training program weighted to the athlete's weaknesses. It is not a subscription — nothing recurs. To re-assess after a cycle, you start a new one. Prices may change, but a change will not affect a cycle you have already purchased.

Payments and refunds

Payments are processed securely by Stripe; by paying, you also agree to Stripe's terms. Because each cycle immediately unlocks digital content and a generated program, all sales are final and payments are generally non-refundable, except where a refund is required by law. If something went wrong with your purchase, contact us and we'll work in good faith to make it right. Nothing here limits any non-waivable statutory rights you may have.

License and intellectual property

The site, the report card, the exercise library, the program generator, and all related content are owned by Sport Surge Inc. and protected by intellectual-property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the service and the programs it generates for your own athlete's personal, non-commercial training. You may not resell, redistribute, republish, or use the content to build or operate a competing product. You keep ownership of the report-card scans and information you upload, and you grant us the limited right to use that content to provide the service to you.

Acceptable use

Use Progress Reportonly for its intended purpose and lawfully. You agree not to upload content you don't have the right to share or that infringes others' rights, submit another person's information without authorization, attempt to disrupt, reverse-engineer, scrape, or gain unauthorized access to the service, or use it to harm others. We may remove content or restrict use that violates these Terms.

Not medical advice; assumption of risk

Progress Report provides training suggestions based on coach-provided assessments. We are not medical professionals, and nothing here is medical advice. Physical training carries an inherent risk of injury. By using the service and having your athlete participate, you knowingly accept and assume those risks on your own behalf and on behalf of your athlete, and you agree to the Health & Safety Disclaimer, which is part of these Terms.

Disclaimer of warranties

The service is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted or error-free, or that the training program will produce any particular athletic result.

Limitation of liability

To the fullest extent permitted by law, Sport Surge Inc., its officers and directors, and its service providers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss arising from your or your athlete's participation in training. To the fullest extent permitted by law, our total liability for any claim relating to the service will not exceed the amount you paid us for the report cycle giving rise to the claim. Some jurisdictions do not allow certain limitations — particularly for personal injury caused by gross negligence or willful misconduct — so some of these limits may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless Sport Surge Inc. and its officers and directors from any claims, damages, losses, and expenses (including reasonable legal fees) arising out of your or your athlete's use of the service, your violation of these Terms, your content, or your violation of any law or the rights of another.

Termination

You may stop using the service and delete your account at any time. We may suspend or terminate access if you breach these Terms or to protect the service or other users. Sections that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, and governing law — will survive.

Governing law and disputes

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules. You agree that any dispute will be resolved in the state or federal courts located in New York, and you consent to their jurisdiction. Before filing anything, please contact us so we can try to resolve the issue informally.

Changes to these Terms

We may update these Terms as the product or the law evolves. When we do, we will revise the “Effective” date above. Your continued use after an update means you accept the revised Terms.

Miscellaneous

These Terms, together with the Privacy Policy and the Health & Safety Disclaimer, are the entire agreement between you and Progress Report regarding the service. If any provision is found unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a transfer of the business.

Contact

Questions about these Terms? Email scottorgera@gmail.com.