Effective date: January 16, 2015
Lemieux Group LP and its affiliates, which include Team Lemieux LLC, Lemieux Development LP, Pittsburgh Penguins Foundation and WBS Hockey LP (collectively, “us”, “our” and “we”) offer you website for the Pittsburgh Penguins Foundation, http://pittsburghpenguinsfoundation.org, along with all of the features and functions therein (the “Site”). The Pittsburgh Penguins Foundation is a nonprofit, tax-exempt 501(c)(3) organization.
Intellectual Property Rights
Unless otherwise stated herein, we and our licensors are the sole owners of the Site and all of its content, including without limitation, all information, content, features, functions, copyrights, trademarks, service marks, and other intellectual property rights contained within the Site. You agree that all right, title, and interest in the Site will remain ours or our licensors’ exclusive property. Nothing in these Terms gives you a right to reproduce, copy, distribute, sell, broadcast, license, or otherwise use our names or any of our trademarks, logos, domain names, and other distinctive brand features.
Your use of the Site is conditioned on your full compliance with these Terms including, without limitation, the rules of conduct set forth in this section. Your failure to comply with such rules may result in termination of your access to the Site pursuant to these Terms. You agree that when using the Site you will not:
Transmit any software, virus, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site;
Use any robot, spider, script, or any means to extract, download, retrieve, index, mine, scrape, reproduce, or circumvent any feature, function, or part of the Site;
Frame or mirror any part of the Site without our prior written consent;
Modify, adapt, translate, reverse engineer, or disassemble any portion of the Site or create derivative works based on the Site;
Submit any offensive, defamatory, threatening, indecent, hateful, racist, sexist, pornographic, or otherwise inappropriate content or communications, as determined in our sole discretion;
Submit any unsolicited or unrepresented creative, advertising, or marketing materials or content, such as ideas, treatments, videos, images, or scripts;
Copy, download, distribute, transmit, upload, or transfer content from the Site without our prior written permission or authorization;
Resell, sub-license, or lease any of the content on the Site;
Use the Site to make unsolicited offers, requests, advertisements, or spam;
Impersonate or pretend to be anyone else but you, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make; or
Engage in any activity that is criminal or tortious in nature, or otherwise violates the law or rights of another including, without limitation, hacking, phishing, fraud, stalking, defaming, abusing, harassing, or threatening.
We may, but have no obligation to monitor your use of the Site and your compliance with these Terms.
Disclaimer or Warranties
The Site and ANY INFORMATION, CONTENT AND features THEREIN are intended for informational purposes only. WE DO NOT ENDORSE ANY THIRD PARTY APPEARING ON THE SITE. THE SITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT AVAILABLE THROUGH THE SITE. WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NONINFRINGEMENT AND TITLE. WE MAKE NO WARRANTY THAT THE SITE WILL BE ERROR FREE OR UNINTERRUPTED, THAT THE INFORMATION OBTAINED FROM THE SITE WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE, THAT THE QUALITY OF THE SITE WILL BE SATISFACTORY TO YOU, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OR BASIS OF THE CLAIM. WE SHALL NOT BE LIABLE FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE SITE, LOST DATA, BUSINESS INTERRUPTIONS, COMPUTER VIRUSES, MALWARE, OR MALICIOUS CODE, OR FOR ANY INFORMATION OBTAINED OR DOWNLOADED FROM THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SAME. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE ANY OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
You agree to defend, indemnify and hold harmless us and our respective employees, officers, directors, agents, representatives, licensors, suppliers and service providers from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with the Site; or (b) any violation of these Terms by you. We reserve the right to assume all or any part of the defense of any such claims and negotiations for settlement and you agree to fully cooperate with us in doing so.
These Terms will be construed and enforced under the laws of the Commonwealth of Pennsylvania, without regard to conflict of law principles. You agree that any and all disputes, claims and causes of action arising out of or connected with this Site or these Terms shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Western District of Pennsylvania (Pittsburgh Division) or the appropriate court of the Commonwealth of Pennsylvania located in Allegheny County, Pennsylvania. You hereby consent to the personal jurisdiction of such courts and agree to waive any right to claim that either of these forums is an inconvenient forum. You agree that you will not file a class action, or participate in a class action against us.
Third Party Site
We do not endorse any third party websites which may be linked to our Site. We are not responsible or liable for any content, advertising, products, services or other materials on such external websites. Your use of third party websites is at your own risk and subject to the terms and conditions and policies of such websites.
We may immediately, without prior notice, suspend or terminate your use of and access to the Site, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. You may terminate these Terms by ceasing your use of the Site.
If any provision of these Terms is found to be invalid or unenforceable, the invalid or unenforceable provisions shall not affect the validity or enforceability of any other provision of the Terms, which shall remain in full force and effect.
We reserve the right to change any part of the Site, including these Terms, at any time. If we change these Terms, we will update the Effective Date listed above. Your continued use of the Site means that you agree with our updated Terms. If you do not agree with our updated Terms, you may not use our Site.
If you have any questions about these Terms or the Site, you may contact us at firstname.lastname@example.org.