Updated December 2020
Access and Use of the Site
About the Site
Ownership of the Site;License to use the Site
Access to the Site
PG retains theright, at our sole discretion, to deny service or use of the Site or an accountto anyone at any time and for any reason. Although we use reasonable efforts tokeep the Site and your account accessible, the Site and/or your enrollment maybe unavailable from time to time. You understand and agree that there may beinterruptions in service or events, Site access, or access to your enrollmentdue to circumstances both within our control (e.g., routine maintenance) and outsideof our control. You agree that PG will not be liable to youor to any third party for any modification, suspension, or discontinuance ofthe Site or the services offered through it.
Use of the Site
(ii) You are able to create a binding legal obligation;
(iii) You are not barred from receiving products or servicesunder applicable law;
(iv) You will not attempt to use the Site with crawlers, robots,data mining, or extraction tools or any other functionality;
(vi) You will use the Site only for legitimate transactions thatcomply with the letter and spirit of the terms of the respective offers;
(vii) You have the right to provide any and all information yousubmit to the Site, and all such information is accurate, true, current, andcomplete;
(viii) You will update and correct information you havesubmitted to the Site and ensure that it is accurate at all times (out-of-dateinformation will invalidate your enrollment); and,
(ix) You will only make purchases, receive benefits, orotherwise participate in programs through the Site by enrolling on theSite. Separate Terms of Service apply.
Additional Conditions of Use
You are solely responsible for all images, information, text,photographs, graphics, messages, or other materials (“content”) that youupload, post, publish, or display (hereinafter, “upload”) or email or otherwiseuse via the Site. The following are examples of the kind of content and/or usethat is illegal or prohibited by PG. You agree not to use the Site or theservices offered through the Site to:
(i) email or otherwise upload any content that (A) infringes anyintellectual property or other proprietary rights of any party; (B) you do nothave a right to upload under any law or under contractual or fiduciaryrelationships; (C) contains software viruses or any other computer code, files,or programs designed to interrupt, destroy, or limit the functionality of anycomputer software or hardware or telecommunications equipment; (D) poses orcreates a privacy or security risk to any person; (E) constitutes unsolicitedor unauthorized advertising, promotional materials, commercial activitiesand/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,”“contests,” “sweepstakes,” or any other form of solicitation; (F) is unlawful,harmful, threatening, abusive, harassing, tortious, excessively violent,defamatory, vulgar, obscene, pornographic, libelous, invasive of another’sprivacy, hateful racially, ethnically or otherwise objectionable; or (G) in thesole judgment of PG, is objectionable or which restricts or inhibits any otherperson from using or enjoying the Site, or which may expose PG or its users toany harm or liability of any type;
(ii) interfere with or disrupt the Site or servers or networksconnected to the Site, or disobey any requirements, procedures, policies, orregulations of networks connected to the Site;
(iii) violate any applicable local, state, federal, orinternational law, or any regulations having the force of law;
(iv) impersonate any person or entity, or falsely state orotherwise misrepresent your affiliation with a person or entity;
(v) solicit personal information from anyone under the age of18;
(vi) harvest or collect email addresses or other contactinformation of other users from the Site by electronic or other means for thepurposes of sending unsolicited emails or other unsolicited communications;
(vii) further or promote any criminal activity or enterprise orprovide instructional information about illegal activities; or
(viii) obtain or attempt to access or otherwise obtain anymaterials or information through any means not intentionally made available orprovided for through the Site.
PG reserves the right toinvestigate and take appropriate legal action against anyone who, in PG’s solediscretion, violates this provision, including without limitation, removing theoffending content from the Site, suspending, or terminating the enrollment ofsuch violator(s) and reporting the violator(s) to law enforcement.
With respect to the content or other materials you uploadthrough the Site or share with other users or recipients (collectively, “UserContent”), you represent and warrant that you own all right, title, andinterest in and to such User Content, including, without limitation, allcopyrights, and you grant PG and its affiliated companies a nonexclusive,worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual,irrevocable license to copy, display, upload, perform, distribute, store,modify, and otherwise use your User Content in connection with the operation ofthe Site or services offered through the Site or the promotion, advertising, ormarketing thereof, in any form, medium, or technology now known or laterdeveloped.
You acknowledge and agree that any questions, comments,suggestions, ideas, feedback, or other information about the Site(“Submissions”), provided by you to PG are non-confidential, and PG is entitledto the unrestricted use and dissemination of these Submissions for any purpose,commercial or otherwise, without acknowledgment or compensation to you.
Third Party Material
Third Party Websites
The Site may provide, or third parties may provide, links orother access to other sites and resources on the Internet. PG has no controlover such sites and resources and PG is not responsible for and does notendorse such sites and resources. You further acknowledge and agree that PG isnot be responsible or liable, directly or indirectly, for any damage or losscaused or alleged to be caused by or in connection with use of or reliance onany content, events, goods, or services available on or through any such siteor resource. Any dealings you have with third parties found whileusing the Site are between you and the third party, and you agree that PG isnot liable for any loss or claim that you may have against any such thirdparty.
Intellectual Property Rights
Service Content, Software and Trademarks
You acknowledge and agree that the Site may contain content orfeatures (“Service Content”) that are protected by copyright, patent,trademark, trade secret, or other proprietary rights and laws. Except asexpressly authorized by PG, you agree not to modify, copy, frame, scrape, rent,lease, loan, sell, distribute, or create derivative works based on the Site orthe Service Content, in whole or in part, except that the foregoing does notapply to your own User Content (as defined above) that you legally upload tothe Site. In connection with your use of the Site, you will not engage in oruse any data mining, robots, scraping, or similar data gathering or extractionmethods. Any use of the Site or the Service Content other than as specificallyauthorized herein is strictly prohibited. The technology and softwareunderlying the Site or distributed in connection therewith are the property of PG,our affiliates and our partners (the “Software”). You agree not to copy,modify, create a derivative work of, reverse engineer, reverse assemble, orotherwise attempt to discover any source code, sell, assign, sublicense, orotherwise transfer any right in the Software. Any rights not expressly grantedherein are reserved by PG.
PG respects the intellectual property of others, and we ask ourusers to do the same. If you believe your work has been copied in a way thatconstitutes copyright infringement, or that your intellectual property rightshave been otherwise violated, you should notify PG of your infringement claimin accordance with the procedure set forth below.
PG will process and investigate notices of alleged infringementand will take appropriate actions under the Digital Millennium Copyright Act(“DMCA”) and other applicable intellectual property laws with respect to anyalleged or actual infringement. A notification of claimed copyrightinfringement should be emailed to PG’s Copyright Agent at email@example.com (Subject line: “DMCATakedown Request”). You may also contact us by mail 495 Mansfield Ave.,Pittsburgh, PA 15205, 877-448-4438.
To be effective, the notification must be in writing and containthe following information:
(i) an electronic or physical signature of the person authorizedto act on behalf of the owner of the copyright or other intellectual propertyinterest;
(ii) a description of the copyrighted work or other intellectualproperty that you claim has been infringed;
(iii) a description of where the material that you claim isinfringing is located on the Site, with enough detail that we may find it onthe Site;
(iv) your address, telephone number, and email address;
(v) a statement by you that you have a good faith belief thatthe disputed use is not authorized by the copyright or intellectual propertyowner, its agent, or the law; and
(vi) a statement by you, made under penalty of perjury, that theabove information in your notice is accurate and that you are the copyright orintellectual property owner or authorized to act on the copyright orintellectual property owner’s behalf.
If you believe your User Content, which has been removed (or towhich access has been disabled), is not infringing, or that you have theauthorization from the copyright owner, the copyright owner’s agent, orpursuant to law, to upload and use the content in your User Content, you maysend a written counter-notice containing the following information to theCopyright Agent:
(i) your physical or electronic signature;
(ii) identification of the content that has been removed or towhich access has been disabled and the location at which the content appearedbefore it was removed or disabled;
(iii) a statement that you have a good faith belief that thecontent was removed or disabled as a result of mistake or a misidentificationof the content; and
(iv) your name, address, telephone number, and email address, astatement that you consent to the jurisdiction of the federal court locatedwithin the Western District of Pennsylvania and a statement that you willaccept service of process from the person who provided notification of thealleged infringement.
If a counter-notice is received by the Copyright Agent, PG willsend a copy of the counter-notice to the original complaining party informingthat person that it may replace the removed content or cease disabling it in 10business days. Unless the copyright owner files an action seeking a court orderagainst the content provider, member, or user, the removed content may bereplaced, or access to it restored, in 10 to 14 business days or more afterreceipt of the counter-notice, at our sole discretion.
In accordance with the DMCA and other applicable law, PG hasadopted a policy of terminating, in appropriate circumstances and at PG's solediscretion, users who are deemed to be repeat infringers. PG may also at itssole discretion limit access to the Site and/or terminate the memberships ofany users who infringe any intellectual property rights of others, whether ornot there is any repeat infringement.
Software Applications: Special Export Control Notice
Software (defined above) available in connection with the Siteand the transmission of applicable data, if any, is subject to United Statesexport controls. No Software may be downloaded from the Site or otherwiseexported or re-exported in violation of U.S. export laws. Downloading or usingthe Software is at your sole risk. Recognizing the global nature of theInternet, you agree to comply with all local rules and laws regarding your useof the Site, including as it concerns online conduct and acceptable content.
Indemnity and Release
If you are a Californiaresident, you waive California Civil Code Section 1542, which says: “A generalrelease does not extend to claims which the creditor does not know or suspectto exist in his favor at the time of executing the release, which if known byhim must have materially affected his settlement with the debtor.” If you are aresident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties & Limitation of Liability
THIS SECTION APPLIES TOYOUR USE OF THIS SITE. YOUR USE OF ANY PGSERVICE, EVEN IF ACCESSED THROUGH THIS SITE, IS GOVERNED BY THE PG AGREEMENT ORTERMS AND CONDITIONS APPLICABLE TO THE PRODUCT OR SERVICE SUCH AS OUR MOBILEAPP END USER LICENSE AGREEMENT OR OUR TERMS OF SERVICE.
YOUR USE OF THE SITE ISAT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.PG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, ORSTATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
PG MAKES NO WARRANTY THAT(I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED,TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THEUSE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANYPRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOUTHROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
YOU EXPRESSLY UNDERSTANDAND AGREE THAT PG AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT,INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OFPROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA,OR OTHER INTANGIBLE LOSSES (EVEN IF PG HAS BEEN ADVISED OF THE POSSIBILITY OFSUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY,OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE;(II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROMANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGESRECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III)UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTSOR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TOTHE SITE. IN NO EVENT WILL PG’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSESOR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID PG IN THE LAST SIX (6)MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
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