LAST MODIFIED: 4/1/2013
I. ABOUT AVAILABILITY OF THE SERVICES
SOLE CONSIDERATION. You agree that our sole offer to you in connection with the Services is to provide them as-are, or as modified by us in our sole discretion, until such time as we should choose to discontinue the Services or any component of the Services.
SERVICES PROVIDED AS-ARE. You agree to use the Services as-are. UNLESS THE DISCLAIMER OF SUCH WARRANTIES IS PROHIBITED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT ACCESS TO THE SERVICE BY ANY MEANS IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED “AS ARE” AND “AS AVAILABLE,” AND WE DO NOT MAKE ANY WARRANTIES WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION, WARRANTIES, EITHER EXPRESS OR IMPLIED, SUCH AS THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR PROVIDE ADEQUATE, COMPLETE OR TIMELY INFORMATION OR DATA.
SERVICES SUBJECT TO CHANGE. You agree that we may change or discontinue the Services in our sole discretion and without prior notice. You agree that you will not rely on the continued availability of the Services in taking any action, refraining from any action, or entering into any commitment. For example, and without limitation, you agree not to undertake any contract for professional services premised on the continuing availability of these Services.
CONTENT NOT RETAINED FOREVER. You agree that any Account you may create via these Services may be terminated, and/or some or all of the associated Account Information deleted, following a period of inactivity. Such deletion may be done without prior notice.
IF IMPORTANT, KEEP A COPY. You agree that any Account Information which you upload or provide via the Services may be modified or deleted without prior notice and at PPG’s sole discretion. Therefore, to the extent any Account Information has importance to you, you agree to maintain an original copy separate from these Services.
II. ABOUT YOUR ELIGIBILITY FOR THE SERVICES
YOUR AGE. The Services are not intended for use by individuals 18 years of age and older. You are not permitted to use the Services, establish an Account, or provide Account Information if you are under 18 years of age.
YOUR LOCATION. The Services are intended for use in the United States and Canada (excluding Quebec). The Services are operated by PPG from the United States. PPG makes no representation that the Services are appropriate or available for use in other locations.
III. ABOUT YOUR RESPONSIBILITY FOR THE SERVICES
YOUR LIABILITY. You are fully responsible for how you use our Services. You agree to indemnify and hold harmless us and our directors, officers, employees, service providers, vendors, and agents from and against any and all losses, liabilities, claims, damages or expenses (including attorneys’ fees and court costs and expenses) arising from or related to any use of the Services by you or that occurs because of you.
IV. ABOUT INTELLECTUAL PROPERTY
GRANT OF LICENSE. You may not post, submit, or transmit any content that violates any applicable law, regulation, or rule. You are solely responsible for any content that you post. We may elect to monitor areas of the Services by electronic or other means, but we are not responsible for screening, policing, editing, or monitoring user-contributed content.
By posting, submitting, or transmitting any content to us via e-mail or to our Services, you hereby grant PPG a perpetual, worldwide, non-exclusive, royalty-free, sublicensable right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit, and sublicense such content in any form in all media now known or hereinafter created anywhere in the world. This right is fully assignable by PPG without prior notice.
Digital Millennium Copyright Act Notice Policy. PPG respects the intellectual property rights of others and expects its users to do the same. PPG may remove content that in its sole discretion appears to infringe the intellectual property rights of others and terminate the website access privileges of those who are repeat infringers of the copyright rights of others. If you believe that any content infringes your intellectual property rights, please notify PPG’s Copyright Agent and provide the following information: (1) a physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property right; (2) an identification of the intellectual property claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) a detailed description of the material that you claim is infringing (with an identification of the URL or other specific location on the specific website) so that we may locate it; (4) your address, telephone number, and e-mail address; (5) a statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner, its agent, or the law; and (6) a statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the intellectual property rights involved.
PPG’s Copyright Agent is Ladas & Parry LLP and can be reached at the following contact information for a notice of copyright infringement:
Address: 1040 Ave. of the Americas, New York, NY, 10018
VI. ABOUT HOW WE WILL RESOLVE DISPUTES BETWEEN US
DISPUTE RESOLUTION -- VENUE. You agree to be subject to the jurisdiction of state or federal courts located in Allegheny County, Pennsylvania. You agree that any dispute between you and us will be resolved in state or federal courts located in Allegheny County, Pennsylvania to the exclusion of any other potential venue.
NO CLASS ACTIONS; NO JURY TRIAL. You agree that you will only sue us as an individual. You agree that you will not file a class action, or participate in a class action. You agree that you will not join any claim you may have against us with the claim of any third party. You waive any right to a trial by jury.
BINDING ARBITRATION. You and we agree that at the election of either party, any dispute between us may be sent to binding individual (non-class) arbitration to be administered by the American Arbitration Association (“AAA”). If, for any reason, AAA is not available, you or we may file our case with any national arbitration company.
STANDARD OF CARE. You agree that our sole obligation to you is to provide the Services as-is. You agree that unless we do something that is grossly negligent or an act of willful misconduct in connection with the Services, we will not be liable to you or to any third party.
LIMITATIONS ON LIABILITY. If, for any reason, we are judged liable to you, you agree that your recovery will be limited to your actual damages, measured by actual out-of-pocket economic loss. You agree that you will not ask for any consequential, special, punitive or exemplary damages, or indirect or lost profits. You agree that even if you request these types of damages, a court or arbitrator cannot award them to you. You understand and agree that the price of these Services would be significantly higher but for these limitations on liability. This limitation on liability shall not be construed to apply to any damages or other substantive remedies available via statute.
WE’RE NOT RESPONSIBLE FOR ALL CIRCUMSTANCES. You also agree that we are not responsible for anything beyond our control. For example, we are not liable: for Service interruptions caused by problems with the communications network; for problems caused by any Internet service provider; for your computer or its programs failing; for the acts of criminal attackers, whether in real-time or automated (e.g., viruses); or for errors in information provided to us upon which we reasonably rely. These are only examples.
VII. ABOUT CHANGES TO THIS AGREEMENT
TERMINATION BY US. We reserve the right to terminate this Agreement, in our sole discretion. We may terminate this Agreement prior to sending you written notification. For example, we will terminate the account of any user who threatens or harasses any other user.
VIII. CONTACT INFORMATION