Terms of Service
By using and/or accessing the Site, you are agreeing to comply with and be bound by the following Terms
and Conditions (the “Agreement”). Please review the following terms of this Agreement carefully. If you do
not agree to this Agreement in its entirety, you are not authorized to use this Site in any manner or form.
1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Agreement with
respect to your use of the Site. This Agreement, together with the Site Privacy Policy, constitute the entire
and only agreement between you and this site with respect to your use of the Site, and supersede all prior
or contemporaneous agreements, representations, warranties and/or understandings with respect to the
Site. We may amend this Agreement from time to time in our sole discretion, without specific notice to
you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using
the Site. By your continued use of the Site, you hereby agree to all the terms and conditions contained
within the Agreement effective at that time. Therefore, you should regularly check this page for updates
and/or changes.
2. Requirements. The Site is available only to individuals who can enter into legally binding contracts
under applicable law. The Site is not intended for use by individuals under eighteen (18) years of age. If
you are under eighteen (18) years of age and/or not a citizen of the United States, you do not have
permission to use and/or access the Site.
3. License Grant. As a user of this Site, you are granted a non-exclusive, non-transferable, revocable and
limited license to access and use the Site and associated Site content in accordance with this Agreement.
We may terminate this license at any time for any reason. You may use the Site on one computer for your
own personal, non-commercial use. No part of the Site may be reproduced in any form or incorporated
into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone,
rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Site content or
any portion thereof. We reserves any rights not explicitly granted in this Agreement. You may not use any
device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may
not take any action that imposes an unreasonable or disproportionately large load on the sites
infrastructure. Your right to use the Site is not transferable.
4. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation,
digital conversion, software, services and other matters related to the Site are protected under applicable
copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The
copying, redistribution or publication by you of any part of the Site is strictly prohibited. You do not acquire
ownership rights to any content, document, software, services or other materials viewed at or through the
Site. The posting of information or material at the Site does not constitute a waiver of any right in such
information and/or materials.
5. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any
documents, information or other content appearing on the Site.
6. Indemnification. You agree to indemnify and hold the site, its parents, subsidiaries and affiliates, and
each of their respective members, officers, directors, employees and agents, harmless from and against
any and all claims, expenses (including reasonable attorneys’ fees, costs and settlement costs),
damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising
out of or in connection with: (a) your use of the Site; (b) your breach of this Agreement; (c) your violation
of any rights of another individual and/or entity; and/or (d) your use of any products and/or services
provided from an Service Provider Affiliate. The provisions of this paragraph are for the benefit of this site,
its parent, subsidiaries and affiliates, and each of their respective officers, directors, employees, agents,
shareholders, licensors, suppliers and attorneys. Each of these individuals and entities shall have the
right to assert and enforce these provisions directly against you on its own behalf.
7. Disclaimer of Warranties. THE SITE AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY
RECEIVE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL
WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE
DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR,
BUT NOT AS A LIMITATION THEREOF, this site MAKES NO WARRANTY THAT:
(A) THE SITE AND/OR PRODUCTS AND/OR SERVICES PROVIDED WILL MEET YOUR
REQUIREMENTS:
(B) THE SITE AND/OR PRODUCTS AND/OR SERVICES PROVIDED WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE;
AND (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE
ACCURATE OR RELIABLE. THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET
CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM this site, OR THROUGH OR FROM THE SITE, SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
8. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT this site SHALL NOT BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF this
site HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT
PERMISSIBLE BY LAW FOR:
(A) THE USE OR THE INABILITY TO USE AN SERVICE PROVIDER AFFILIATE PRODUCT AND/OR
SERVICE;
(B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM THE
SITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE OR A SERVICE
PROVIDER AFFILIATE SITE;
AND (C) ANY OTHER MATTER RELATING TO THE SERVICE AND/OR SITE.
THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT
NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT
LIABILITY, MISREPRESENTATIONS, AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE
this site FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE
LIMITATION STATED HEREUNDER. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION,
THE MAXIMUM LIABILITY OF this site TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE
EQUAL TO THE AMOUNTS YOU PAID, IF ANY, FOR this sites SERVICE PROVIDER AFFILIATE
PRODUCTS AND/OR SERVICES. YOU HEREBY RELEASE this site FROM ANY AND ALL
OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS
SECTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF
THE BASIS OF THE BARGAIN BETWEEN YOU AND this site. THIS SITE AND THE PRODUCTS AND
SERVICES AVAILABLE THOUGH USE OF THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT
SUCH LIMITATIONS.
9. Service Provider AffiliateWebsites. The Site provides links to Service Provider Affiliate and other third
party Internet websites and/or resources. Because this site has no control over such websites and/or
resources, you hereby acknowledge and agree that this site is not responsible for the availability of such
websites and/or resources. Furthermore, this site does not endorse, and is not responsible or liable for,
any terms and conditions, privacy policies, content, advertising, services, products and/or other materials
at or available from such Service Provider Affiliate and/or other third party websites or resources, or for
any damages and/or losses arising therefrom.
10. Legal Warning. Any attempt by any individual, whether or not a customer, to damage, destroy, tamper
with, vandalize and/or otherwise interfere with the operation of this Site, is a violation of criminal and civil
law and this site will diligently pursue any and all remedies in this regard against any offending individual
or entity to the fullest extent permissible at law and in equity.
11. Miscellaneous. This Agreement shall be treated as though it were executed and performed in
Pittsburgh, Pennsylvania and shall be governed by and construed in accordance with the laws of the
Commonwealth of Pennsylvania (without regard to its conflict of law principles). Should a dispute arise
concerning the terms and conditions of this Agreement, or the breach of same by either party hereto, the
parties agree to submit their dispute for resolution by arbitration before the American Arbitration
Association in Pittsburgh, in accordance with the then current Commercial Arbitration Rules of the
American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a
judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be
construed to preclude any party from seeking injunctive relief in order to protect its rights pending an
outcome in arbitration. Should any part of this Agreement be held invalid or unenforceable, that portion
shall be construed consistent with applicable law and the remaining portions shall remain in full force and
effect. This Agreement is personal between you and this site and governs your use of the Site and/or any
service, superseding any and all prior and/or contemporaneous agreements between you and this site.
To the extent that anything in or associated with the Site and/or any service is in conflict or inconsistent
with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this
Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The
parties do not intend that any agency or partnership relationship be created through operation of this
Agreement. AUTHORIZATION BY OBTAINING, OR ATTEMPTING TO OBTAIN, SERVICES THROUGH
USE OF THE THIS SITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN
(18) YEARS OF AGE.