1. Eligibility. By using the Pride Mobility Services, you represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Pride Mobility Services does not violate any applicable law or regulation.
2. User Representations and Warranties. You are entirely responsible for the content of, and any harm resulting from, your postings to the Pride Owners Club website (collectively, "Contribution"). When you create or make available a Contribution, you thereby represent and warrant that:
(a) the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade
secret rights of any third party.
(b) you have fully complied with any third-party licenses relating to your Contribution, and have done all things necessary to successfully pass through to viewers any required terms.
(c) your Contribution does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content.
d) your Contribution is not obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable, libelous or slanderous, does not advocate the violent overthrow of the government of the United States, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party.
e) your Contribution does not contain material that solicits personal information from anyone under 18 or exploits people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or wellbeing of minors.
f) if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to make available the Contribution,
or (ii) secured from your employer a waiver as to all rights in or to your Contribution.
g) your Contribution does not violate any state or federal law designed to regulate electronic advertising.
h) your Contribution does not amount to trolling or the making of controversial statements for the sole purpose of generating responses by others.
i) your Contribution does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on Pride Mobility's
or others’ computers or equipment, designed to enable you or others to gather information about or monitor the online or other activities of another
j) your Contribution does not inundate the website with communications or other traffic suggesting no serious intent to use the website for its stated purpose.
k) your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation; and
1) your Contribution does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by Pride Mobility in its sole discretion.
3. Prohibited Activities. You may not access or use the website for any purpose other than that for which Pride Mobility makes it available. Certain activities, even if legal, may violate the common rules of etiquette governing Contributions, as determined
by Pride Mobility in its sole discretion. Prohibited activity includes but is not limited to:
(a) criminal or tortious activity, including child pornography fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
(b) advertising to, or solicitation of any user to buy or sell any products or services.
(c) transmitting chain letters or junk email to other users;
(d) using any information obtained from the website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
(e) engaging in any automated use of the system, such as using scripts to add friends or send comments or messages;
(f) interfering with, disrupting, or creating an undue burden on the website or the networks or services connected to the website;
g) attempting to impersonate another user or person;
(h) using the username of another user;
(i) selling or otherwise transferring your profile;
(j) using any information obtained from the website in order to harass, abuse, or harm another person;
(k) displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the website on behalf of that person, such as posting blogs or bulletins with a commercial
(1) using the website in a manner inconsistent with any and all applicable laws and regulations.
4. Passwords. When you create an account with the website, you will be asked to supply a password. You must keep your password confidential, and are responsible for all use of your password and account.
5. Intellectual Property Rights. The content on the website (“Materials”), except for all content created by users ("Contribution"), and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Pride Mobility, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Materials on the website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Pride Mobility reserves all rights expressly granted in and to the website and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than expressly permitted by Pride Mobility, including any use, copying, or distributing third parties' materials obtained through the website for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the website or features that prevent, restrict use or copying of any Materials or enforce limitations on the use of the
website or the Materials therein.
6. Pride Mobility's Right to Manage the Website and Terminate
6.1 Pride Mobility Website Management. Pride Mobility reserves the right but does not have the obligation to: (a) monitor the website for violations of this Agreement; (b) take appropriate legal action against, anyone who, in Pride Mobility's sole discretion, violates this Agreement, including without limitation, reporting you to law enforcement authorities; (c) in Pride Mobility's sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) user's Contribution or any portion thereof that may violate this Agreement , or any Pride Mobility policy; (d) in Pride Mobility's sole discretion and without limitation, notice or liability to remove from the website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Pride Mobility's systems; (e) terminate the accounts of repeat infringers; and (f) to otherwise manage the website in a manner designed to protect the rights and property of Pride Mobility and others and to facilitate the proper functioning of the website.
6.2 Pride Mobility's Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION AGREEMENT, PRIDE MOBILITY RESERVES THE RIGHT TO, IN PRIDE MOBILITY'S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
8. Noncommercial Use by Users. The Pride Mobility Services are for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Pride Mobility. You shall not do the following without the express written consent of Pride Mobility:
(a) make unauthorized use of the Pride Mobility Services, including collecting users’ names and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email; and (b) engage in unauthorized framing or linking
to the website.
9. Copyright Policy. Pride Mobility will terminate the account and access rights of any repeat infringer. If you, are a copyright owner or the legal agent of a copyright owner, and you believe that any User submission or content on the website infringes upon your
copyrights, you may submit a notification pursuant to the Pride Mobility Digital Millennium Copyright Act ("DMCA") Notice included in these Terms and Conditions of Use.
10. Modifications. Pride Mobility may modify this Agreement from time to time. Pride Mobility will alert users of such changes through a notice posted at its website. For those for whom Pride Mobility maintains email information, Pride Mobility may, at its sole discretion, also use email to their most recently provided email address, as another form of notice. You agree to be bound to any changes to this Agreement when you use the Pride Mobility Services after any such modification posted at its website. It is therefore important that you regularly review this Agreement and keep your contact information current to ensure you are-informed of any changes.
11 Disputes Between Users. You are solely responsible for your conduct. Pride Mobility reserves the right, but has no obligation, to monitor disputes between you and other Users.
12. Disputes with Pride Mobility. All disputes arising out of or relating to this Agreement (including formation, performance, or alleged breach) or your access to or use of the Materials, Contributions and Website, including without litigation your or others' downloading or consumption of Materials or other materials available by means of the website or third party websites, your uploading Contributions to the website, or your purchasing of goods or services from third parties, will be exclusively resolved under confidential binding arbitration held in Exeter. Pennsylvania, before and in accordance with the rules of JAMS. Notwithstanding the foregoing, Pride Mobility will have the right to seek injunctive relief to enforce this Agreement or to prevent an infringement of proprietary or other third party rights. In the event of litigation or to compel arbitration or to enforce an arbitration award under this Section, or to obtain an injunction under this Section, the parties hereby irrevocably consent and submit to the personal jurisdiction and venue of the state and federal courts located in Pennsylvanian. This Agreement will be interpreted exclusively by Pennsylvania law.
13. Disclaimers. Pride Mobility cannot control the nature of the content available on the Owners Club website. By operating the Owners Club Website, Pride Mobility does not represent or imply that Pride Mobility endorses any blogs, Contributions or other content available on or linked to by the , Owners Club Website, including without limitation content hosted on third-party Websites, or that Pride Mobility believes Contributions, blogs or other content to be accurate, useful or non-harmful. YOU AGREE THAT YOUR USE OF THE OWNERS CLUB WEBSITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTEDBY LAW, PRIDE MOBILITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PRIDE MOBILITY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERT DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY AND/OR (F) ANY ERRORS OR OMISSIONS IN THE CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. PRIDE MOBILITY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PRIDE MOBILITY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR ERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
14. Limitation on Liability. IN NO EVENT SHALL PRIDE MOBILITY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF PRIDE MOBILITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PRIDE MOBILITY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF ANY FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PRIDE MOBILITY FOR THE SERVICES DURING THE TERM OF YOUR USE OF THE WEBSITE.
15. Indemnity. You agree to indemnify and hold harmless Pride Mobility, its subsidiaries and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Contributions, use of the Pride Mobility Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or of any Contribution that you post on the Pride Mobility website or through the Pride Mobility Services that cause Pride Mobility to be liable to another.
16. Other. This Agreement constitutes the entire agreement between you and Pride Mobility regarding the use of the Pride Mobility Services. The failure of Pride Mobility to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed separable from this Agreement and does not affect the validity and enforceability of any remaining provisions.