IMPORTANT! READ THIS ENTIRE AGREEMENT CAREFULLY. THESE ARE THE TERMS AND CONDITIONS GOVERNING YOUR USE OF OUR WEBSITE AND OUR SERVICES.
WELCOME to the Pitcher & Doyle (P & D) website available at and under the domain name www.pitcheranddoye.com and such other or successor domain names as PDP may make available operate acquire or use from time to time (this "Site"). By complying with this User Terms of Service Agreement (this "Agreement"), we hope your online experience with us will be safe and rewarding. This Agreement sets forth the terms and conditions governing your use of this Site and your access to and use of the information, content and services offered on this Site (which, collectively with this Site, constitute the "Services"). By accessing or using this Site or any of the Services, you accept and agree to be legally bound by this Agreement, as it may be amended or supplemented from time to time (as further described below), and agree to all operating rules and/or policies of PDP and the Services that may be published by PDP on this Site. All such rules and policies, including, without limitation, (Legal Notices) are hereby incorporated into this Agreement by this reference.
IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS THE SITE OR USE ANY OF THE SERVICES.
The Services are intended for use only by individuals and legal entities (such as small businesses, cooperatives, associations and membership organizations), based in the United States and Canada, that can form legally binding contracts under applicable law. If you do not satisfy the foregoing, you may not use any of the Services. By using any of the Services, you expressly represent that you have the capacity under applicable law to enter into a legally binding contract. You and PDP are independent contractors, and no agency, partnership, joint venture or employee-employer / franchiser-franchisee relationship is intended or created by this Agreement.
P & D reserves the right, at any time and from time to time, to update, revise, supplement and to otherwise modify this Agreement and to impose new or additional rules, policies, terms or conditions on your use of the Services. Such updates, revisions, supplements, modifications and additional rules, polices, terms and conditions (collectively referred to in this Agreement as "Additional Terms") shall be effective immediately and incorporated into this Agreement upon notice thereof, which may be given by any reasonable means including by posting to this Site. Every time you use this Site, you are to go to this Agreement and see if the "Last Updated" date has changed. If it has, you are obligated to review this Agreement and your continued use of the Services following such notice or any other notice provided by P & D shall be deemed to conclusively indicate your acceptance of any and all such Additional Terms.
P & D reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, any or all of the Services, with or without notice and at its sole discretion. You agree that neither P & D, its partners, agents or affiliates shall be liable to you for any modification, suspension or discontinuance of any Services. P & D may, in its sole discretion, refuse or restrict anyone from access to any or all of the Services at any time.
You agree that you are only authorized to visit, view and to retain a single copy of pages of this Site solely for your own individual use, and that you shall not duplicate, download, publish, modify or otherwise distribute any material on this Site for any purpose other than for your own individual use unless otherwise specifically authorized by P & D. We post legal notices and various credits on pages of this Site, which may not be removed even in your permitted copy.
You shall not "deep-link" to this Site, meaning that you will not create, post, display, publish or distribute any link to any page other than the front (home) page of this Site for any purpose, unless specifically authorized by P & D to do so.
You shall not frame or in-line (framing without a border around the framed content) this Site, meaning that you will not display the contents of this Site on another web page without P & D's express permission.
You shall not violate or attempt to violate the security of the Services. Accordingly, you shall not: (i) access data or materials not intended for you; (ii) log into a server or account that you are not authorized to access; or (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Violations of system or network security may result in civil or criminal liability. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or operation that may be transferred to your computer via the Services.
This Site, including, without limitation, all content and software related to the Site and the Services is the property of P & D or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of P & D and protected by United States and international copyright laws. The P & D logo, and all other trademarks, service marks, and trade names of P & D appearing on this Site are owned by P & D ("Trademarks"). You may not use the Trademarks without the prior written consent of P & D and Trademarks may not be used in a manner that is likely to cause confusion, or in any manner that disparages or discredits P & D. All other trademarks, product or service names, brand names, company names and/or logos that may appear on this Site are the property of their respective owners.
It is a condition of your use of the Services that you do not restrict or inhibit any other user from using and enjoying the Services, or use the Services to: (i) engage in or encourage fraudulent conduct or conduct that would constitute any other criminal offense or give rise to civil liability; (ii) distribute in any manner any harmful, obscene or otherwise illegal or objectionable material of any kind; (iii) spoof or otherwise impersonate any individual or entity, or forge, delete or alter any part of TCP/IP packet header information in any email or other posting; (iv) violate or attempt to violate the security of the Services; or (v) assist or permit any persons in engaging in any of the activities described above. We reserve the right to investigate and to involve and cooperate with law enforcement authorities, and to pursue a civil lawsuit or criminal prosecution for any alleged or actual illegal activities involving this Site or any of the Services.
If this Site requires that you register to access and use some areas of this Site and the Services, you agree to provide P & D current, complete, true and accurate information as required to complete the registration form and to maintain and update this information as required to keep it current, complete and accurate. You agree not to use a false or misleading name or a name that you are not authorized to use. If P & D suspects that such information is untrue, inaccurate, not current or incomplete, P & D may suspend or terminate your account, refuse you access to this Site or the Services and pursue any appropriate legal remedies.
If applicable, you will be able to access certain portions of this Site as a registered user of the Services. As a registered user of the Services, you will receive or establish one password and account. Maintaining the confidentiality and security of your password and account is solely your responsibility. You are entirely responsible for all activities that occur on or through your account(s). You agree that P & D will not be responsible for any losses incurred in connection with any misuse of passwords.
As a means of making this Site more accommodating of your needs, this Site may contain links to third party sites that provide information and/or services that we think might be useful to you. When you follow links to any third party website, your use of such website will be subject to the terms and conditions posted on that website. P & D takes no responsibility and assumes no liability for any content posted by any third party or any third party website. The inclusion of any link does not imply an endorsement of that website by P & D.
YOU ACCESS AND USE THE SERVICES AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION. P & D DOES NOT WARRANT THAT THE SITE AND ANY SERVICES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. IN ADDITION, P & D DOES NOT WARRANT THAT INFORMATION AVAILABLE ON OR THROUGH THE SITE IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION, AND ACCESSING THEM FROM JURISDICTIONS WHERE THEIR CONTENTS ARE ILLEGAL IS EXPRESSLY PROHIBITED. Some jurisdictions do not allow exclusion of implied warranties or conditions, so the above exclusions may not apply to you.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT P & D SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF ANY OR ALL OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR REVENUES, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF P & D HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF P & D FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (INCLUDING GROSS NEGLIGENCE), STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT OR OTHERWISE AVAILABLE AT LAW OR AT EQUITY) ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, THE SERVICES OR THIS AGREEMENT SHALL BE LIMITED TO YOUR DIRECT DAMAGES ACTUALLY INCURRED UP TO TWO HUNDRED FIFTY DOLLARS ($250). BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE A COMPANY DOING BUSINESS IN CALIFORNIA, USER HEREBY WAIVES CALIFORNIA CIVIL CODE �1542.
You agree to indemnify and hold P & D harmless, and, at P & D's request, to defend P & D from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys' fees, to the extent that such action is based upon, arises out of, or relates to: (i) your use of (or inability to use) the Services; (ii) your violation of the terms and conditions of this Agreement; (iii) the infringement by you, or any other person using your password and account, of any right of any person or entity; or (iv) any other activities of yours accomplished using the Services. This indemnity shall be in addition to and not limited by any other indemnity.
This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland, without regard for principles of conflict of laws. Subject to the dispute resolution terms above, any legal action or proceeding between P & D and you related to this Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Baltimore, Maryland.
Except with respect to violations of P & D's intellectual property or proprietary rights, and except with respect to suits brought against P & D by third parties, you acknowledge and agree that any dispute involving P & D shall be settled by arbitration in the State of Maryland in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Judgment on the arbitration award may be entered into any court having jurisdiction thereof. You agree that P & D may seek interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of P & D pending the completion of arbitration.
No delay or failure to take action under such terms and conditions will constitute a waiver by P & D unless expressly waived in writing by a duly authorized officer of P & D. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.
Unless otherwise indicated, the information and material available through this website are the property of P & D and are protected under U.S. and foreign copyright, trademark, and other intellectual property laws. No intellectual property of other rights to the information and materials contained in this website are transferred to visitors to this website.
PDP's website can be visited without telling us who you are and without revealing any information about yourself. There are times, however, when we may need information from you. You may choose to give us personal information, such as your name and address or email address that may be needed, for example, for PDP or PDP's affiliates to correspond with you.
By providing your information through this website, you consent to the collection, use and disclosure of such information as described above or as required by applicable law.
Cookies and other Technologies
We collect information that is not personally identifiable to the user, such as referring URL addresses, time spent in certain areas of the site and origination of the user. This anonymous information is sometimes known as "clickstream data." PDP may use this data to analyze trends and statistics to help us provide better customer service.
When we collect personal data from you in connection with a transaction we may extract some information about that transaction in an anonymous format and combine it with other anonymous data such as clickstream data. This information is used and analyzed only to help us understand trends and patterns. If you do not want your information used in this manner, disable cookies in your browser.
The website may contain links to other websites. PDP is not responsible for the privacy practices or the content of linked websites.
Each user has the right of access to personal information that he or she has submitted through the website. Inquiries about the accuracy of personal information previously submitted to PDP through the website, or requests to have outdated information removed, or if you have comments or questions regarding PDP's privacy practices or your personal information collected through this website, please contact PDP's privacy officer at firstname.lastname@example.org