Terms of Use

Terms and Conditions of Use of Site

THIS SITE (www.pfpromotions.com) AND THE SERVICES IT DESCRIBES ARE OFFERED TO YOU, THE USER, CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THE FOLLOWING TERMS, CONDITIONS, DISCLOSURES AND NOTICES.  YOUR USE OF THIS SITE CONSTITUTES YOUR EXPRESS AGREEMENT TO ALL SUCH TERMS AND CONDITIONS.  ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE SPECIFICALLY RESERVED.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ANY OF THE SERVICES IT DESCRIBES.  YOUR USE OF THIS SITE, PARTICIPATION IN THE SERVICES AND ACTIVITIES PROVIDED HEREON, AND ANY INTERACTION WITH OTHER USERS, ARE ALL AT YOUR SOLE DISCRETION AND RISK OF LOSS.

By using the Site, you agree to be bound by these Terms and Conditions of Use.  Use of this Site and participation in any of the services of PFP shall be in strict compliance with these Terms and Conditions of Use, the Privacy Policy, and all other procedures, guidelines, disclosures and agreements set forth on this Site and under applicable law.

1.  Personal Use Only. This Site is provided for your personal and noncommercial use.  You may not modify, copy, distribute, license transmit, reproduce, display, transfer or sell any information, products, or services obtained from this Site.

You may not engage in advertising to, or solicitation of, any user or any other person or entity to buy or sell any products or services through this Site.  You may not transmit any chain letters or junk email to any user or any other person or entity through this Site.  Illegal and/or unauthorized uses of this Site, including, but not limited to, collecting the name, email address or any other personal or confidential information of any user or any other person or entity by electronic or other means for any reason, including, without limitation, the purpose of sending unsolicited email and unauthorized framing of or linking to the Site, will be investigated and appropriate legal action will be taken, including, without limitation, civil, criminal and injunctive redress.

Although PFP does not, and assumes no obligation to, monitor the conduct of any user of this Site, it is a violation of these Terms and Conditions of Use to use any Content (defined below in item 9) to harass, abuse, or harm another person or entity, or to contact, advertise to, solicit, or sell to any user or other person or entity.  PFP reserves the right to restrict the number of emails that a user may send to others through this Site, to delete any information that PFP deems inappropriate, and to restrict your access to the Site or participation in PFP’s offerings or services, all in PFP’s sole and absolute discretion.

In addition to the agreements and policies set forth in this Terms and Conditions of Use and otherwise on this Site, you agree not to:

*          Use this Site for any fraudulent or unlawful purpose;

*          Impersonate any person or entity;

*          Falsify or provide false Content;

*          Interfere with or disrupt the operation of this Site;

*          Transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, robot, spyware, or other harmful code;

*          Restrict or inhibit any other person from using this Site, including by means of hacking or defacing any portion of this Site;

*          Interfere with or violate any other Site user’s right to privacy or other rights, or harvest or collect personally identifiable information about Site users;

*          Modify, adapt, translate, reverse engineer, decompile or dissemble any portion of this Site;

*          Misuse passwords;

*          Frame or mirror all or any part of this Site; or

*          Attempt to gain unauthorized access to the account information of anyone else, or to any computer systems or networks connected to any of our servers.

2.  New Services and Enhancements. PFP may from time to time enhance or introduce new services to this Site.  By using the enhancements or new services when they become available, you agree to be bound by these Terms and Conditions of Use as they relate to such enhancements or services.

3.  Use of Information Provided by You. When you use this Site, the information you enter and the transactions you conduct may be recorded.  By using this Site, you consent to such recording.  PFP may collect, process, use and allow others to use the information that you provide to us and we may also share information regarding the manner in which you use this Site with other persons or entities.  We reserve the right to store information on your computer or browser in the form of a “cookie” or similar file for purpose of modifying this Site to reflect users’ preferences.

4.  Charges and Transaction Fees. You are responsible for all telephone and other service charges you may incur in connecting to this Site, all charges imposed by any Access Service Provider, and any charges imposed by credit card companies if you use your credit card in connection with the services of PFP and your use of this Site.  There may be separate charges for obtaining other information or services that may be made available (directly or via hyperlinks) from this Site (i.e. services of Other Information Providers).

5.  Content and Use. PFP is not liable for any deficiencies in the accuracy, completeness, availability, or timeliness of any Content whether caused by any user or other person or entity, or by any of the equipment or programming associated with or utilized in connection with this Site or its Content.  PFP assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications in connection with this Site.  Under no circumstances will PFP be responsible for any loss or damage, financial or otherwise, including, but not limited to, personal injury or death, resulting from any use of this Site or participation in or use of any of the services provided by PFP, any Content posted on or transmitted to this Site, or any interactions between any users of this Site, whether online or offline.  PFP neither represents, warrants, covenants, guarantees, nor promises any specific results from use of this Site or any of the services described hereon.

POSTING OF ANY INFORMATION OR UPLOADING OF ANY DOCUMENTS OR PICTURES TO THIS SITE IS ALL AT YOUR OWN RISK AND DISCRETION.

6.  Non-Discrimination. PFP does not condone, encourage or tolerate discrimination in the operation or use of this Site.  This Site cannot be used for discriminatory practices or actions.

7.  Caching, Framing, Hyperlinks Prohibited. PFP prohibits caching, unauthorized hypertext links to this site and the framing of any content available through this Site.  We reserve the right to disable any unauthorized links or frames and specifically disclaim responsibility for other Internet sites linked to this Site.

8.  Links to Other Sites. This Site may contain links to websites controlled, owned, and operated by third parties (“third-party sites”).  PFP cannot control and has no responsibility for the accuracy or availability of information provided on third-party sites. You acknowledge that use of any third-party sites is governed by the terms of use for those websites only.  Links to third-party sites do not constitute an endorsement or recommendation by PFP of such sites or the content, products, advertising or other materials presented on such sites, but are only for your convenience and you access such sites at your own risk.

Third-party sites may have a privacy policy different from that of PFP and may provide less security than this Site.  PFP is not responsible for the content of any third-party sites, nor does PFP make any warranties or representations, express or implied, including, but not limited to, implied warranties of any kind, including of merchantability or fitness for a particular purpose, regarding the content (or the accuracy of such content) on any third-party sites, and PFP will have no liability of any nature whatsoever for any failure of such links, other websites or the products or services offered or advertised at such sites or otherwise.

PFP will not be liable in any way to you or to any other person or entity for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from any such inaccuracy, error, delay or omission, non-performance by a third party or interruption in any such third party data due either to any act or omission by PFP or “force majeure” or any other cause beyond the reasonable control of PFP.

9.  Proprietary Rights; Confidentiality.

“PFP” and the “PFP” logo are trademarks and service marks of PFP.  PFP owns and retains all intellectual property and other proprietary rights to such trademarks, logos, copyrights and copyrighted material, service marks, posted or uploaded to, or displayed or used in connection with this Site, as well as all materials, information, pictures and documents displayed on, or uploaded or posted to, or used in connection with, this Site (collectively, “Content“).  This Site contains copyrighted material and other intellectual and proprietary information (including, but not limited to, the Content) of PFP and its users and licensors.  Except for that information that is in the public domain or for which you have been given express written permission by PFP to do so, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any of the Content or other related intellectual or proprietary material or information.

If you post any messages or other information on this Site, you agree that such messages and information shall be considered Content, and you shall be deemed to have automatically granted, represented and warranted that you have the right, power and authority to grant to PFP an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to: (a) use, copy, perform, display and distribute such information and content; (b) prepare derivative works of, and/or incorporate into other works, such information and content; and (c) grant and authorize sublicenses of the foregoing.

You acknowledge, consent and agree that PFP may, at its sole discretion, and to the extent permitted by law, access, read, preserve and disclose your information, usage history and submitted Content in order to: (a) comply with any applicable law, regulation, legal process, or governmental request; (b) respond to claims that any Content violates the rights of third parties, including, but not limited to, intellectual property rights; (c) enforce the Terms and Conditions of Use and the Privacy Policy as well as the other terms and provisions governing this Site and investigate potential violations thereof; (d) detect, prevent, or otherwise address fraud, security, or technical issues; (e) respond to your requests for customer service; or (f) protect the rights, property, or personal safety of PFP, users of the Site, or the public.

10.  LIMITATION ON LIABILITY. BY USING THIS SITE, YOU ACKNOWLEDGE THAT PFP SPECIFICALLY DISCLAIMS ANY LIABILITY (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO OR USE OF THIS SITE OR ITS CONTENT (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, WITHOUT LIMITATION, LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT A USER’S COMPUTER EQUIPMENT.

You understand that any and all decisions made by you with respect to participating in or requesting information regarding any services described on this Site are yours alone. PFP cannot and does not verify the accuracy of the Content of other users of the Site or participants in the services of PFP.  PFP shall not be responsible, or have any duty or obligation to, or liability for: (a) decisions or interactions resulting (directly or indirectly) from participation in its services or use of this Site or (b) any damages, costs, losses or expenses a user incurs as a result (directly or indirectly) of participation in its services or use of this Site.

11.  Modification. Neither this Terms and Conditions of Use nor any enrollment form that may be posted to this Site may in any way be altered by you.  Any attempt by you to alter the Terms and Conditions of Use or any enrollment form posted to this Site without our express written agreement shall be void and shall have no legal effect.  The Terms and Conditions of Use contained on this Site is subject to change by PFP at any time.  Notice of changes shall be made by posting any changes to this location.  You agree to review these Terms and Conditions of Use for changes.

12.  Indemnification. You agree to defend, indemnify and hold PFP and its directors, members, employees, agents and representatives harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees and disbursements, related to any violation by you of these Terms and Conditions of Use or any other policies of this Site.

13.  Applicable Law. Regardless of where you live, work or access this Site, these Terms and Conditions of Use, the Privacy Policy and all other information on this Site, and your relationship with PFP, will be governed by the laws of the State of New York.

14.  Venue. By using this Site, you consent to the exclusive personal jurisdiction of the courts in New York County, New York in any matter related to this Site.