Notice of arbitration agreement and class action waiver: This agreement includes a binding arbitration clause and a class action waiver, set forth below in section 21, which affects your rights about resolving any dispute with PFC . Please read it carefully.
1. About the Network. The Network is a platform through which certain vendors (“Vendors”) make available digital or physical Product(s) for purchase. Vendors are the sellers and issuers of the Product(s) and are solely responsible to you for the care, quality, and delivery of the goods and services provided. Certain Product(s) and other available programs and pricing on the Network may change at any time in PFC’s sole discretion, without notice.
2. Registration and Your Account. To register you must create a user account by providing a valid email address and creating a unique password (“Account”). You may use the Network as a guest; however, certain features of the Network may require you to create an Account. When you authorize a transaction as a guest or through your Account you warrant that all information used in connection with the Network is accurate and true. You may be required to be logged into the account and have a valid payment method associated with it to use certain features of the Network.
You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You will only use the Network for your own internal, personal, use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Network is prohibited by any applicable laws, then you aren’t authorized to use the Network. We can’t and won’t be responsible for your using the Network in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
You may have multiple accounts on the Network but PFC strictly forbids the use of multiple accounts for the same sole user or the use of one account for multiple users for the purpose of earning more rewards. PFC will not honor rewards earned from such accounts.
You are solely responsible for: (i) maintaining the confidentiality of your user name and password; (ii) ensuring all information used in connection with the Network is accurate and current; and (iii) any activity you conduct through your Account, whether by you or someone else. You must immediately notify us of any unauthorized use of your Account. You may be held liable for losses incurred by PFC or any other user of or visitor to the Network due to someone else using your Account as a result of your failing to keep your account information secure and confidential. We reserve the right, in our sole discretion, to terminate or suspend your Account.
You can also register an account with PFC by logging into the Network via your account with certain third-party websites (e.g. Facebook.com and Google.com) (hereafter, the “Outside Account”). In so doing, you are providing your Outside Account login information to PFC and allowing PFC to access your Outside Account as is permitted under the applicable terms and conditions that govern your use of each Outside Account. In so doing, you represent that you are entitled to disclose your Outside Account login information to PFC and/or grant PFC access to your Outside Account, without breach by you of any of the terms and conditions that govern your use of the applicable Outside Account and without obligating PFC to pay any fees or making PFC subject to any usage limitations imposed by such third party websites.
You are prohibited from violating or attempting to violate the security or integrity of our Network or otherwise violating or infringing our rights or the rights of others who use our Network and agree not to do the following:
o use any “deep-link,” “robot,” or other automatic or manual device, software, program, code, algorithm or methodology, to access, copy, or monitor any portion of a Network, or in any way reproduce or circumvent the navigational structure or presentation of a Network, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through a Network;
o gain or attempt to gain unauthorized access to any portion or feature of our Network, or any other system or network connected to our Network or to any of our third-party business partners’ servers, systems or networks, by hacking, “password-mining” or using any other illegitimate method of accessing data;
o probe, scan, or test the vulnerability of any Network or any network connected to our Network;
o take any action that would cause an unreasonably or disproportionately large load on the infrastructure of any Network or our systems or networks, or any systems or networks connected to our Network or to us in an attempt to overwhelm our systems to create a “Denial of Service” or similar attack;
o use any device, technology or method to interfere or attempt to interfere with the proper functioning of our Network;
o not to make any false or misleading statements in connection with your use of our Network;
o use our Network in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
o upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
o restrict or inhibit any other user from using and enjoying our Network; and/or
o violate any applicable laws or regulations.
4. Access to the Network. PFC retains the right, at our sole discretion, to deny service or use of the Network or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Network and your account accessible, the Network and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Network access, or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.
6. Purchases. You must provide us with your full legal name, an active telephone, a valid credit card and current address to make a transaction through the Network. All payments are processed by PayPal (https://paypal.com) and Stripe (https://stripe.com/) and are subject to additional provisions. We will send you a confirmation email confirming that your request has been processed and that payment was received. In the event we ship item(s) to you we will send a confirmation email to you regarding the same.
7. Returns, Cancellations, Exchanges, and Warranties. All returns, cancellations, and exchanges are subject to our return policy We may partner with third party websites to offer warranties on select products. For additional information on warranties, please find additional information
PFC attempts to be as accurate as possible. However, PFC does not warrant that product descriptions or other content of any PFC Service is accurate, complete, reliable, current, or error-free.
With respect to items sold by PFC, we cannot confirm the price of an item until you order. Offers for Products purchased at discount prices are often subject to time limits or other restrictions which may require you to complete the transaction within a certain timeframe or in a certain manner in order to receive the benefit of the offer. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by PFC is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Refund policies differ based on the Vendor and product offered on the Network. The product page will contain information on the refund policy as it relates to that product.
8. Promotions. From time to time we may make sweepstakes, contests, or other promotions available through our Networks (“Promotion”) that require you to register and accept additional provisions to participate. Please review the applicable rules, terms, and disclaimers that govern each Promotion and understand that participation is your unconditional agreement and acceptance thereto.
9. Credits. Credits may be issued by PFC and/or earned through Rewards Programs. Credits can only be used for purchases online on the websites, applications, and platforms in the Network. Credits can only be used on orders associated with a single account and cannot be transferred to another person or account. Remaining credit balance can be found under the “Credits” tab in your Account or by contacting our Support Team. Credits issued by PFC and/or its Support Team, whether for refunds and/or exchanges, never expire. Credits earned through Rewards Programs may expire and are subject to the Reward Programs terms below.
PFC reserves the right to change, modify and/or eliminate the terms with regards to Credits at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions and you waive any right you may have to receive specific notice of such changes or modifications.
A. Membership and Eligibility. The Rewards Programs are offered at the sole discretion of PFC. The Rewards Programs are available to individuals for their personal use only and is limited to one account per individual. Individuals who are at least 18 years or older and who provide and maintain a valid account are eligible to become members. No purchase is necessary to join the Rewards Programs. Employees of PFC and individuals employed by our business partners or vendors are eligible for membership for personal use only but may be excluded from certain benefits of Reward Programs.
B. Earning and Redeeming Rewards. PFC offers 2 Rewards Programs: (1) Insider Rewards and (2) Refer-A-Friend Program. All members with valid accounts are automatically enrolled in the Insider Rewards and Refer-A-Friend Program upon account creation.
- Under the Insider Rewards program, credits are earned based on the United States dollar(s) spent (as applicable based on the exchange rate of the country of purchase) on products offered on the websites, applications, and platforms in the Network. Credits earned under the Insider Rewards Program are on a per order basis and are not applicable to be combined across multiple orders. To earn credits, orders must meet certain minimum purchase amounts to qualify. Some exclusions apply. Any applicable credits earned from the Insider Rewards program will be automatically applied to your account 30 days from your date of purchase.
- Under the Refer-A-Friend program, credits are earned for the first purchase made on each new account registered from a Referrer’s unique referral link. To be eligible to earn credits, the Referrer must maintain an active consumer account and the Referred Customer must not have an existing account. Credits earned from the Refer-A-Friend Program will be automatically applied to your account once the Referred Customer has made his or her first purchase. Minimum purchase amounts and some exclusions may apply.
It’s our hope that you redeem your credits on a regular basis. All unredeemed credits earned from the Rewards Programs shall expire 90 days from the date of issuance. Credits are based on the pre-tax purchase total amount and/or other applicable fees, such as shipping or delivery fees. If you make a purchase using a coupon, credits are based on the total post coupon application.
Neither accounts nor rewards or credits may be shared. Only the member paying for the products may accumulate rewards or credits. We reserve the right to monitor the number of accounts per household and refuse, merge or close additional or duplicate accounts at any time. The rewards or credits earned through the Rewards Programs may not be exchanged for cash (unless required by law), are non-transferrable, cannot be sold, returned or exchanged, and you have no property rights in or to the rewards or other Program benefits. Credits earned will be decreased or reserved, as applicable, if part or all of the purchase is returned or cancelled or if the credit is obtained through fraudulent or other activity that violates these terms. PFC is not responsible for lost or stolen credits. The sale, barter, transfer, or assignment of any credits offered through the Rewards Programs, other than by us, is expressly prohibited.
11. Subscription Products.
A. About the Subscription Product (“Subscription”). In addition to selling Products on a one-off basis, we also make available Subscriptions that allow for the recurring use of Products provided by third party vendors over a set duration of time.
The Subscription can be accessed either via a Free Trial or through a Paid Subscription. The Free Trial gives you (free) full access to the products contained in the Subscription for a finite duration. The Paid Subscription is a fee-based program which gives you full access to the products within the Subscription. You will only have access to the Products contained in the Subscription while your Subscription is active and subsisting. You may have access to a Free Trial of the Paid Subscription made available to you during a promotional offer. You can become a subscriber to the Paid Subscription by purchasing a Subscription on the Network or when your Free Trial converts if not cancelled before the end of the Free Trial.
B. Free Trials. We may offer trials of our Paid Subscription (Free Trial) for a specified period of time that provides full access to the Subscription without requiring payment. We may determine the eligibility for a Free Trial and withdraw or modify a Free Trial at any time without prior notice and with no liability, to the extent permitted under applicable law.
The Free Trial will begin on the day you sign-up and checkout with the Subscription in your cart, not on the day you redeem/start using any Products contained in the Subscription. For most Free Trials, we’ll require you to provide your payment details to begin the Free Trial. By providing such details you agree that we may automatically begin charging you for the Paid Subscription on the first day following the end of the Free Trial on a recurring monthly basis or annual basis depending on the type of Paid Subscription you select. If you do not want this charge, you must cancel the applicable paid subscription before the end of the free trial.
C. Billing. We offer both a monthly and annual Paid Subscription plans. You may purchase a Paid Subscription by paying a fee in advance on a monthly or annual basis. We may change the price of a Paid Subscription, including recurring subscription fees from time to time and will communicate any price change to you in advance, and, if applicable, how to accept those changes. Any price change will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the price change by continuing to utilize the Products after the price change takes effect. If you do not agree with the price change, you have the right to reject the change by cancelling the Paid Subscription prior to the price change going into effect.
For monthly Paid Subscriptions, for each month that your Paid Subscription is active, you acknowledge and agree that we are authorized to charge the same credit card that was used for the initial subscription fee (Payment Method). For annual Paid Subscriptions, each year is paid for by an upfront payment that will automatically renew and you authorize us to continue to charge your Payment Method while the subscription is active.
D. Renewals and Cancellation. Your subscription period will begin on the day you purchase a Paid Subscription or the day your Free Trial converts to a Paid Subscription. Monthly Paid Subscriptions purchased on the 31st of a given month will always be billed on the last day of each subsequent month.
Your Paid Subscription will automatically renew at the end of the applicable subscription period unless you cancel your Paid Subscription before the end of the then-current subscription period. The cancellation will take effect on the day after the last day of the current subscription period. You must cancel your subscription before it renews in order to avoid the billing of the renewal subscription fee to the payment method provided. We do not provide refunds or credits for any partial subscription periods.
If you were given a promotional offer for a monthly or annual Paid Subscription, unless otherwise noted in the promotional offer, your Paid Subscription will automatically renew at the standard Subscription rate once the promotional offer stated term has ended. For example, if you redeem a promotional offer that discounts the first month of a monthly Paid Subscription to $1, at the end of the 1-month period your monthly rate would go to the then-current full monthly Paid Subscription rate. If you do not wish to convert to the then-current standard Subscription rate, you would need to cancel your Paid Subscription prior to the end of the promotional offer stated term.
You may cancel your Free Trial or Paid Subscription by going to the “Subscriptions” tab in your user account.
E. Redemption. The Subscription consists of license codes to access various Products provided by third party vendors. We will provide you with the redemption codes necessary to gain access to the Products. No additional purchases or credit card information will need to be provided to any 3rd party vendor while redeeming the Products.
F. Subscription Term and Termination. Section 12 of this Agreement will continue to apply to you until terminated by either you or PFC. PFC may terminate or suspend your access to the Subscription at any time, including in the event of your actual or suspected unauthorized use or non-compliance with the Agreement, non-payment, or if we withdraw Products from the Subscription (in which case we shall provide you with reasonable notice in advance of doing so).
If you or PFC terminate the Subscription, or if PFC suspends your access to the Subscription, you agree that PFC shall have no liability or responsibility to you, and PFC will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may cancel your Paid Subscription or Free Trial and terminate this agreement as laid out in section 12D. This section will be enforced to the extent permissible by applicable law.
Sections 2-11 and 13-34 herein, as well as any other sections of the Agreement that, either explicitly or by their nature, must remain in effect even after termination of the Subscription, shall survive termination.
13. We reserve the right, at our sole discretion, to change, modify, add or remove portions of the Subscription Products portion of these terms, at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Subscription following the posting of changes will mean you accept and agree to the changes. As long as you comply with these Terms and Conditions, we grant you a personal, non-exclusive, non-transferable, limited privilege to utilize the Subscription.
12. Electronic Communications. When you use the Network, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on this site or through the Network or partners on behalf of the Network. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
By providing your email address to us or creating an Account you consent to receiving transactional and marketing emails from us, including our owned & operated lists (such as “The Futurist”), and from our third-party providers and affiliates. These parties may send you emails in order to deliver information about products and services and to help with fulfilling your order. You may unsubscribe from these emails at any time by clicking on the “unsubscribe” link included in any email or by contacting us via email at [email protected] with the word “UNSUBSCRIBE” in the subject line.
13. App Permissions When you use apps created by PFC, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. You can view permissions in apps created by PFC by reviewing the Permissions under Settings.
o You agree not to upload, post or otherwise transmit any User Content that:
o violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others.
o you know to be false, misleading or inaccurate.
o contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity.
o contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd.
o violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them.
o advocates violent behavior.
o poses a reasonable threat to personal or public safety.
o contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitative, prurient, or gratuitous purposes.
o is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by PFC, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Network.
o does not generally pertain to the designated topic or theme of any Interactive Area.
o contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
o You agree not to engage in activity that would constitute a criminal offense or give rise to civil liability.
o You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by the Network.
o You agree that any person who appears in your submission who is a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society is not entitled to compensation by PFC.
o You agree not to impersonate any person or entity, including, but not limited to, PFC or any PFC employee, or falsely state or otherwise misrepresent your affiliation with any person or entity.
o You agree not to represent or suggest, directly or indirectly, PFC ‘s endorsement of User Content.
o You agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about the Network users or posting private information about a third party.
o You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component.
o You agree not to interfere with or disrupt the Network or the servers or networks connected to the Network, or disobey any requirements, procedures, policies or regulations of networks connected to the Network.
o You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Network, use the Network, or access to the Network.
o You agree not to use any service, technology or automated system to artificially inflate the page views that your User Content receives. This includes pay-per-click services, web “robots” and any other current or future technologies. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
o You agree not to use any technology, service or automated system to post more User Content than an individual could upload in a given period of time. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
PFC does not vouch for the accuracy or credibility of any User Content, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Content posted on the Network. Through your use of the Network, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretenses, international trade issues and foreign nationals. By using the Network, you assume all associated risks.
The decision by PFC to monitor and/or modify User Content does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on the part of PFC in connection with or arising from use by you on the Network.
A. User Opt In. The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
B. User Opt Out. If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
C. Duty to Notify and Indemnify. If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
D. Program Description. Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of the Product(s).
E. Cost and Frequency. Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
F. Support Instructions. For support regarding the Program, text “HELP” to the number you received messages from or email us at [email protected] Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
G. MMS Disclosure. The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
H. Our Disclaimer of Warranty. The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
I. Participant Requirements. You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
J. Age Restriction. You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
K. Prohibited Content. You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: (a) Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; (b) Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; (c) Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; (d) Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; (e) Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and (f) Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
16. Other Sites and Third-Party Advertising And Content. This Network may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under PFC ’s control, and PFC is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. We do not accept responsibility for Linked Sites and accessing any such links from the Network to gain access to Linked Sites is at your own risk.
PFC does not pre-screen user/third party content. By using the Network, you acknowledge your understanding that PFC has no obligation to screen, preview, monitor or approve any content posted or submitted by any of its users or third-party providers. PFC does reserve the right to review and delete any content that, in our sole judgment, violates the Terms of Service. You acknowledge that it is solely your responsibility to evaluate any risks associated with the use, accuracy, usefulness, completeness or appropriateness of any content that you submit, receive, access, transmit or otherwise convey through the Network. PFC shall not be liable in any way for any content displayed or otherwise accessible via the Network, including, but not limited to, any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) in the content or for any loss or damage of any kind incurred as a result of the use of any content submitted, accessed, transmitted or otherwise conveyed via the Service.
In consideration for PFC granting you access to and use of the Network, you agree that PFC and its third party providers and partners may place such advertising on the Network or in connection with the display of content or information from the Network whether submitted by you or others. Please note that the advertisements that appear on the Network are not based upon any personal information that you submit or provide to PFC . PFC is not be responsible or liable for any loss or damage of any sort incurred as the result of any such advertising displays while you navigate or use the Network. If there is a dispute arises between you and any third party advertiser relative to interactions or transactions involving the Network, you understand and agree that PFC bears no liability in connection therewith.
17. No Employment or Agency Relationship. PFC is not an employment service and does not serve as an employer of any user (including those whose products are offered through the Network). PFC is not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with your use of the Network. You understand and agree that, if PFC is found to be liable for any tax or withholding tax in connection with your use of the Network, then you will immediately reimburse and pay to PFC an equivalent amount, including any interest or penalties thereon.
Except where provided for in a separate agreement with PFC , no agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by the Terms of Service. Without limiting the foregoing, except as expressly set forth herein, the PFC is not acting and does not act as an agent for any user or visitor of the Network.
18. Taxes. Customer is responsible for any applicable taxes, including without limitation, any sales, use, levies, duties, or any value added or similar taxes payable with respect to Customer’s order assessable by any local, state, provincial, federal, or foreign jurisdiction UNLESS sales tax is presented as part of the checkout process and reflected in your order receipt and order confirmation. PFC is solely responsible for taxes based upon PFC ’s net income, assets, payroll, property, and employees.
19. Accessibility. We care about our community and strive to incorporate Web Content Accessibility Guidelines 2.0 (WCAG) and other measures to assist with making our Network user friendly and accessible to visitors with disabilities. WCAG principals provide for website content to be perceivable, operable, understandable, and robust. Not all WCAG principals are operational and you understand that the application and use of WCAG recommendations will vary based upon the dynamic nature of the content on our Network. Please contact us by e-mail at [email protected] for assistance Network accessibility and with placing an order.
20. Limitations of Liability. Your use of our network is entirely at your sole risk. Neither we nor our owners, affiliates, directors, officers, employees, licensors, and/or agents shall be liable for any direct, indirect, incidental, consequential, special, exemplary or punitive damages or losses (including without limitation loss of profits, goodwill, use, data or other intangible losses), whether based in contract, tort, strict liability, or otherwise, which you may incur in connection with the use of, or inability to use the network, even if we have been advised of the possibility of such damages or loss.
21. Disclaimer. All services are provided on an “as is” and “as available” basis. Pfc assumes no responsibility or liability for the timeliness, deletion of content or failure by the services. Pfc expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement or any warranty that (a) products or services will meet your requirements, (b) services will be uninterrupted, timely, secure or error-free, (c) the results that may be obtained from the use of the products or services will be accurate or reliable, (d) any content or information you provide or we collect will not be disclosed or (e) any errors in any services will be corrected. You agree that use of the services and the network is at your own risk. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
22. Indemnification. You agree to defend and indemnify us and our affiliates, employees, officers, directors, shareholders and agents from and against any third party claim, including reasonable attorneys’ fees, court costs, settlements, and disbursements, from or relation to (i) Your Content; (ii) your use of any Network; (iii) your violation of any term of this Agreement; (iii) your violation of any third party rights; (iv) your violation of applicable law; and/or (v) use of any services provided by third party service providers. You may not settle or compromise any claim without our prior written consent.
24. Dispute Resolution. Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. The parties agree that this intend Section satisfies the “writing” requirement of the Federal Arbitration Act. If any controversy, allegation, or claim arising out of, related to, or connected in any way to your use of our Networks, (collectively, “Dispute”), then you agree the Dispute shall be submitted to confidential arbitration in Los Angeles, California, and you agree that all disputes will be governed by the laws of the State of California without regard choice of law principles. You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California. Arbitration under these Terms and Conditions shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court or tribunal with jurisdiction over the parties. As permitted by applicable law, you agree that any claim or cause of action you may have arising out of, related to or connected in any way with your use of Network must be filed by you within one (1) year after such claim or cause of action arose or be forever banned. Any and all claims, judgments, and awards will be limited to actual third-party, out-of-pocket costs incurred (if any), but in no event will attorneys’ fees be awarded or recoverable.
You are thus giving up your right to go to court to assert or defend your rights. Your rights will be determined by a neutral arbitrator and not a judge or jury. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court.
Any claims brought by you or us must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, no arbitrator may not consolidate more than one person’s claims, or otherwise preside over any form of a representative or class proceeding, and may not award class-wide relief.
25. Modification. Please note that this agreement is subject to change at any time. When changes are made, we will make a new copy of the Agreement available on the Network. We will also update the “Last Revised” date at the top of the Agreement. If we make any material changes, and you have an Account, we may also send an e-mail to you at the last e-mail address you provided to us pursuant to this Agreement. Any changes to the Agreement will be effective immediately and your continued use of the Network constitutes your acceptance of such change(s). You agree to regularly check the network to view the then-current terms of this agreement.
27. Digital Millennium Copyright Act (DMCA)A. Infringement Notification: If you believe that your work has been copied and posted on our Network in a way that constitutes copyright infringement, please provide our designated agent with the following information:
i. your contact information (i.e. name, email address, telephone number, and address);
ii. a description of the copyrighted work of concern;
iii. a link to the location(s) on the Network of the copyrighted work of concern;
iv. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
v. a signed statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright owner (or authorized to act on behalf of the copyright owner).
The foregoing information (“DMCA Notice”) should be sent to our “Designated Agent” as follows: [email protected]
B. Counter-Notice: If your work has been removed due to a DMCA Notice pursuant to the foregoing procedure, and you believe that your content is not infringing, then you may send a counter-notice (“DMCA Counter-Notice”) to our Designated Agent (contact information above) containing the following information:
i. 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;
ii. 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;
iii. Your contact information (i.e. name, email address, telephone number, and address), a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement; and
iv. Your physical or electronic signature.
If a DMCA Counter-Notice is received by our Designated Agent, then we may send a copy of the DMCA Counter-Notice to the original complaining party informing that person that we may replace the removed content or cease disabling it after a reasonable time period. Unless the alleged 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 a reasonable time period after receipt of the DMCA Counter-Notice, at our sole discretion.
28. Void Where Prohibited. PFC administers and operates the Network from its location in Venice, California, USA; other PFC sites may be administered and operated from various locations outside the United States. Although the Network is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Network are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. PFC reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Network is void where prohibited. If you choose to access the Network from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You agree that PFC may, in its sole discretion and without prior notice, terminate your access to the Network, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Network or any service offered on or through the Network, or (4) unexpected technical issues or problems.
30. Non-Waiver. We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or applicable law will not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
31. Entire Agreement. This Agreement governs your use of the Network and constitutes the entire agreement between you and PFC . It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and PFC regarding the subject matter contained in this Agreement.
32. Severability; Headings. In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, we shall have the sole right to elect which provision remains in force. Headings in this Agreement are for reference purposes only and will not be used in its construction and/or interpretation.
33. Assignment. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
34. Feedback and Information. If you have any questions or concerns, please contact us at the below address. Any feedback you provide shall be deemed to be non-confidential. PFC shall be free to use such information on an unrestricted basis.