We make various events available on this Website. Fees to take part in the events are set out in the membership and service fees described elsewhere on this Website. You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and your own Internet access (including payment of telephone or other service fees associated with such access).
You understand and agree that temporary interruptions of the events available on this Website may occur under normal circumstances. You further understand and agree that we have no control over third-party networks you may access in the course of the use of this Website, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the events on this Website are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communications or personalization settings.
In addition, you are subject to all laws of the city, state, federal, province and/or country in which you reside and from which you access the Website and are solely responsible for obeying those laws. Access to the Website may not be legal for some or all residents of, or persons present in, certain jurisdictions. You agree that we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, express or implied, as to the lawfulness of your accessing the Website or participating in any events, products or services offered by or through the Website, nor shall any person affiliated, or claiming affiliation, with us have authority to make any such representations or warranties.
In order to access this Website, you will be required to have a separate account and password that can be obtained by completing our online registration form, which requests certain information and data ("Registration Data"). By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep the information current, complete, and accurate. Knowingly submitting incomplete or inaccurate Registration Data or other information, or failing to update and maintain current, complete and accurate Registration Data or information, may result, without limitation, in immediate termination of your account without refund and forfeiture of any unused tokens, and right to any unpurchased and/or purchased sale items.
If you use this Website and your use requires payment of a fee, you agree to pay all fees associated with your use. For all charges on this Website, we will charge your account via the payment method chosen by you. Recurring charges are billed in advance. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within seven days of the change.
If, for any reason, your credit card company refuses to pay the amount billed for the use of the Website, you agree that we may, at our option, suspend or terminate your membership to the Website and require you to pay the overdue amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated accounts. You agree that until your membership to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the Website.
In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including collection and/or attorney fees and other legal expenses.
You agree that we are not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party in connection with the Website.
ANY ATTEMPT TO DEFRAUD THE WEBSITE THROUGH THE USE OF CREDIT CARDS OR OTHER METHODS OF PAYMENT OR THE USE OF MULTIPLE ACCOUNTS TO MANIPULATE THE OUTCOME OF EVENTS, REGARDLESS OF THE OUTCOME, OR ANY FAILURE BY YOU TO HONOR LEGITIMATE CHARGES OR REQUESTS FOR PAYMENT WILL RESULT IN IMMEDIATE TERMINATION OF YOUR ACCOUNT, FORFEITURE OF ANY SALE ITEMS AND/OR TOKENS TO WHICH YOU ARE OTHERWISE ENTITLED, AND ACTIVE PURSUIT OF CIVIL LITIGATION AND/OR CRIMINAL PROSECUTION. NO REFUNDS WILL BE PROVIDED IF AN ATTEMPT TO DEFRAUD THE WEBSITE IS LINKED TO YOUR ACCOUNT, IN THE SOLE DISCRETION OF THE WEBSITE.
f. Impersonates any person or entity, including any of our employees, representatives, partners, or other affiliates.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Website may be available to you or other authorized users of the Website. You shall not interfere with anyone else's use and enjoyment of the Website. Users who violate systems or network security may incur criminal or civil liability.
This Website may link you to other websites on the internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These websites may contain information or material that some people may find inappropriate or offensive. These other websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Website or party by us, or any warranty of any kind, either express or implied, unless otherwise noted on the Website.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us without us soliciting your feedback or clearing it with us first. Unsolicited ideas that are incorporated by the Website will be the sole and exclusive property of the Company. Furthermore, we are free to use any ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any additional compensation or other liability or obligation whatsoever to you.
By registering for an account, you agree that we may display your username and event records. If you win an event on the Website, you agree to allow us to print, publish, broadcast and use, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or biographical information for promotional, marketing or related purposes without additional compensation.
ALL MATERIALS AND SERVICES ON THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.
THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS WEBSITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
Through your use of the Website, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to, the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS WEBSITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
In addition, the materials on this Website may include sample or form agreements, letters or other documents, including financially or legally significant documents such as contracts and other items ("Forms"). These Forms are provided solely as examples of typical documents of their kind, and the delivery and use of Forms does not constitute legal, accounting, or other professional advice. Under no circumstances will PS Give Inc. or its Affiliates be liable for any loss or damages caused by your reliance on information or advice obtained through this Website, including your use of any of the Forms. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, Forms, or other content available on or through this Website. In particular, you are urged to consult an appropriate professional licensed in your jurisdiction before using any Forms or otherwise relying on any legal, accounting, or other professional advice or information obtained on or through this Website.
All goods are shipped F.O.B. Origin, and accordingly, the Website takes no responsibility for any damage incurred during shipping and thereafter. Costs of shipping are borne by you. In certain specifically disclosed events, the Website may choose to bear the cost of shipping within the continental U.S., although the Website is under no obligation to do so. All items purchased from us are made pursuant to a shipment contract, and therefore, the risk of loss and title for such items pass to you upon delivery of the item to the carrier. Unless otherwise stated, delivery will be made directly from our third party suppliers or from our warehouse to the shipping address provided by you. Deliveries are made solely within the 50 states of the United States (explicitly excluding the U.S. sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands). Some restrictions or higher shipping costs may apply if the delivery address is in Alaska or Hawaii. You acknowledge that delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed. We shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify you. Should we not be able to deliver the item ordered, we shall be entitled to substitute the item with a comparable replacement product with similar or better features, or provide a refund of the event end price to you based upon your preference.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD-PARTY GOODS AND SERVICES OFFERED THROUGH THIS WEBSITE.
You agree to defend, indemnify, and hold our Affiliates and us harmless from all liabilities, claims, and expenses, including attorneys' fees, which arise from your use or misuse of this Website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
By registering for an account, you agree that we may display your username and event records. By accepting any sale item from us, you agree to allow us to print, publish, broadcast and use, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or biographical information for promotional, marketing or related purposes without compensation.
From time to time, this Website may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Website. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion.
You acknowledge that we may establish general practices and limits concerning use of the services available on our Website, including without limitation the maximum number of days that uploaded content will be retained on the Website, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Website. You acknowledge that we reserve the right to log off and/or delete accounts which have not paid a membership fee that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Website or your downloading of any materials, data, text, images, video or audio from the Webite.
In case of a malfunction or disruption of service for which the Website is responsible that prevents you from completing an event in which you have begun to participate, we will, upon receipt of a refund request and verification of the status of the alleged malfunction or disruption of services, replace any tokens used inthat unfinished event only. We reserve the right to determine, in our sole discretion, whether the Website is responsible for any such malfunction or disruption. We also reserve the right to limit your event access or terminate your account should we determine, in our sole discretion, that you have intentionally caused such a malfunction or disruption on the Website. We are not liable for any potential sale item from any unfinished event.
By registering for an account and/or participating in the events offered by or through the Website, you agree that we are not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Website or your account.
ANY ATTEMPT TO GAIN UNAUTHORIZED ACCESS TO THE WEBSITE'S SYSTEMS OR ANY ACCOUNT, INTERFERE WITH PROCEDURES OR PERFORMANCE OF THE WEBSITE, OR DELIBERATELY DAMAGE OR UNDERMINE THE WEBSITE IS SUBJECT TO CIVIL AND/OR CRIMINAL PROSECUTION AND WILL RESULT IN IMMEDIATE TERMINATION OF YOUR ACCOUNT AND FORFEITURE OF ANY TOKENS OR SALE ITEMS TO WHICH YOU ARE OTHERWISE ENTITLED.
ANY ATTEMPT TO PARTICIPATE IN ANY EVENTS OFFERED BY OR THROUGH THE WEBSITE BY MEANS OF AUTOMATIC, MACRO, PROGRAMMED, OR SIMILAR METHODS, OR TO OTHERWISE COMMIT FRAUD WITH REGARD TO THE WEBSITE, WILL RESULT IN THE IMMEDIATE DE-ACTIVIATION OF YOUR ACCOUNT(S) AS WELL AS THE ACTIVE PURSUIT OF CIVIL LITIGATION AND/OR CRIMINAL PROSECUTION, TERMINATION OF YOUR ACCOUNT, AND FORFEITURE OF ALL TOKENS AND/OR SALE ITEMS TO WHICH YOU MIGHT OTHERWISE BE ENTITLED.
Software available on or through this Website is subject to United States Export Controls. No software from this Website may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
UPON TERMINATION OR SUSPENSION, REGARDLESS OF THE REASONS THEREFORE, YOUR RIGHT TO USE THE SERVICES AVAILABLE ON THIS WEBSITE IMMEDIATELY CEASES, AND YOU ACKNOWLEDGE AND AGREE THAT WE MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR ACCOUNT AND ALL RELATED INFORMATION AND FILES IN YOUR ACCOUNT AND/OR BAR ANY FURTHER ACCESS TO SUCH FILES OR THIS WEBSITE. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS OR DAMAGES ARISING OUT OF ANY TERMINATION OR SUSPENSION OR ANY OTHER ACTIONS TAKEN BY US IN CONNECTION THEREWITH. YOUR LIABILITY FOR ANY UNPAID FEES SHALL SURVIVE ANY TERMINATION.
IF YOU CHOOSE TO CANCEL YOUR ACCOUNT WITH THE WEBSITE, ANY UNUSED TOKENS AND/OR SALE ITEMS WILL BE FORFEITED. IF YOUR ACCOUNT WITH THE WEBSITE REMAINS INACTIVE FOR THREE (3) MONTHS, THE COMPANY RESERVES THE RIGHT TO TERMINATE YOUR ACCOUNT AND ANY UNUSED TOKENS AND/OR SALE ITEMS WILL BE FORFEITED, IF SO DETERMINED BY THE COMPANY IN ITS SOLE DISCRETION.
These Terms and Conditions shall be governed by and construed in accordance with the law of the Commonwealth of Pennsylvania, without regard to the conflict of laws thereof, and to the laws of the United States. Exclusive venue of any disputes arising from the use of this Website shall be in Philadelphia County, Pennsylvania for all state court matters, and the U.S. District Court for Eastern District of Pennsylvania for all federal court matters.
All notices shall be in writing and shall be made via e-mail. Notices to us must be sent to the attention of Customer Service at info@psgive.org. Notices to you will be sent to the e-mail address supplied for your account as part of your Registration Data. In addition, we may broadcast notices or messages through the Website to inform you of changes to the Website or other matters of importance, and such broadcasts shall constitute notice to you.
Any cause of action brought by you against us or our Affiliates must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this Website.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products available through our Website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, the discontinuance of the product by the manufacturer, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.