We retain the right, at our sole discretion, to deny service or use of the Site or an account to anyone at any time and for any reason. Although we use reasonable efforts to keep the Site and your account accessible, the Site and/or your enrollment may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Site access, or access to your enrollment due to circumstances both within our control (e.g., routine maintenance) and outside of our control. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or the services offered through it.
(ii) You are able to create a binding legal obligation;
(iii) You are not barred from receiving products or services under 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 that comply with the letter and spirit of the terms of the respective offers;
(vii) You have the right to provide any and all information you submit to the Site, and all such information is accurate, true, current, and complete;
(viii) You will update and correct information you have submitted to the Site and ensure that it is accurate at all times (out-of-date information will invalidate your enrollment); and,
(ix) You will only make purchases, receive benefits, or otherwise participate in programs through the Site by enrolling on the Site. Separate Terms of Service may apply.
You are solely responsible for all images, information, text, photographs, graphics, messages, or other materials (“content”) that you upload, post, publish, or display (hereinafter, “upload”) or email or otherwise use via the Site. The following are examples of the kind of content and/or use that is illegal or that we prohibit. You agree not to use the Site or the services offered through the Site to:
(i) email or otherwise upload any content that (A) infringes any intellectual property or other proprietary rights of any party; (B) you do not have a right to upload under any law or under contractual or fiduciary relationships; (C) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (D) poses or creates a privacy or security risk to any person; (E) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/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’s privacy, hateful racially, ethnically or otherwise objectionable; or (G) in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose us or Site users to any harm or liability of any type;
(ii) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
(iii) violate any applicable local, state, federal, or international law, or any regulations having the force of law;
(iv) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(v) solicit personal information from anyone under the age of 18;
(vi) harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
(vii) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
(viii) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Site. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from the Site, suspending, or terminating the enrollment of such violator(s) and reporting the violator(s) to law enforcement.
The Site may provide, or third parties may provide, links or other access to other sites and resources on the Internet. We have no control over such sites and resources and we are not responsible for and do not endorse such sites and resources. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods, or services available on or through any such site or resource. Any dealings you have with third parties found while using the Site are between you and the third party, and you agree that we are not liable for any loss or claim that you may have against any such third party.
We respect the intellectual property of others, and we ask our users to do the same. If you believe your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below.
We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to our Copyright Agent at firstname.lastname@example.org (Subject line: “DMCA Takedown Request”). You may also contact us by mail 495 Mansfield Ave., Pittsburgh, PA 15205, 866-739-4914.
To be effective, the notification must be in writing and contain the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
(iv) your address, telephone number, and email address;
(v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. If you believe your User Content, which has been removed (or to which access has been disabled), is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
(i) your physical or electronic signature;
(ii) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(iii) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
(iv) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the Western District of Pennsylvania and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, we will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion. In accordance with the DMCA and other applicable law, we havwe adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Software (defined above) available in connection with the Site and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Site, including as it concerns online conduct and acceptable content.
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