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Terms of Service

1. Your relationship with PT Compliance Group, LLC

1.1 Your use of PT Compliance Group, LLC’s products, software, services and web sites (collectively, the “Services”) is subject to the terms of these Terms of Service, which is a legal agreement between you and PT Compliance Group, LLC (“PTCG”).  As used in this Agreement, PTCG refers to PT Compliance Group, LLC and all of its subsidiaries. 

1.2  As used in this Agreement “you” means each person who uses or accesses the Services.  If you are accessing or using the Services in your capacity as an employee, agent or representative, then you agree to comply with any applicable agreements between PTCG and your employer or principal.  Regardless of whether you access or use the Services in your individual capacity or as an employee, agent or representative, both you and your employer or principal are subject to these Terms of Service and may be held liable hereunder.

1.3 Your agreement with PTCG will always include, at a minimum, these Terms of Service.  These are referred to below as the “Universal Terms.”  If you use other Services, additional agreements, terms and contracts, including but not limited to one or more end user license agreements (the “Additional Terms”), may apply to you. 

1.4 The Universal Terms and any applicable Additional Terms form a legal agreement between you and PTCG.  It is important that you take the time to read them carefully as you will be bound by the Universal Terms and Additional Terms if you accept or use the Services.  Collectively, the Universal Terms and applicable Additional Terms are referred to below as the “Terms.”

1.5 If there is any contradiction between the Universal Terms the applicable Additional Terms, then the Additional Terms shall prevail.

2. Accepting the Terms

2.1 In order to use the Services, you must first agree to the Terms.  You may not use the Services if you do not accept and agree to the Terms.

2.2 You can accept the Terms by (i) clicking to accept or agree to the Terms, where this option is available in the user interface for any Service; or (ii)  accepting or using the Services.  PTCG will treat your acceptance and use of the Services as your agreement to the Terms.

2.3 Regardless of whether you agree to and accept the Terms, you may not use the Services if you are (i) not of legal age or competent to form a binding contract with PTCG; or (ii) a person barred from using or receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use or access the Services.

2.4 Before you continue, you should print or save a copy of the Universal Terms for your records.

3. Use of the Services by you

3.1 To access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process or as part of your use of the Services.  Information provided by you to PTCG must be accurate and updated if there are changes to the information.  You can provide updated information by contacting us by phone or email.

3.2 You may use the Services only for purposes that are permitted by the Terms and applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other jurisdictions in which you are resident or from which you access or use the Services).

3.3 You may not use, access or attempt to use or access the Services by any means other than through the interface provided by PTCG unless Additional Terms provide otherwise.  You may not access or attempt to access the Services through any automated means, including use of scripts or web crawlers.

3.4 You will not engage in any activity that interferes with or disrupts the Services, the servers and networks connected to the Services or any third party’s use of and access to the Services.

3.5 You will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose except as may be permitted by the Additional Terms.

3.6 You are solely responsible for any breach of the Terms and for the consequences of any such breach (including any loss or damage that PTCG or a third party may suffer).  PTCG has no liability or responsibility to you or to any third party for any breach by you of the Terms.

4. Your passwords and account security

4.1 You are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

4.2 You will be solely responsible and liable for all Services used or accessed and all other activities conducted using your account.

4.3 If you become aware of any unauthorized use of your password or of your account, you must notify PTCG immediately.

5. Privacy and your personal information

5.1 PTCG’s privacy policy explains how PTCG’s treats your personal information and protects your privacy when you use the Services.  The privacy policy is available at PTCG’s website.  PTCG may update its privacy policy at any time without notice.

5.2 You agree to the use of your personal information and data as set forth in PTCG’s privacy policy.

6. Content of the Services

6.1 As part of or through your access to and use of the Services, you may have access to certain information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos and other images).  All such information is referred to below as the “Content.”

6.2 Content may be PTCG’s intellectual property or the intellectual property of third parties used by PTCG under license.  You may not copy (except for temporary transient copies stored electronically), perform, display, modify, rent, lease, loan, sell, distribute or create derivative works of Content (either in whole or in part) unless Additional Terms provide otherwise.

6.3 You are solely responsible for Content that you access, transmit or display while using the Services and for the consequences of such access, transmission or display (including any loss or damage that PTCG may suffer).  PTCG has no liability or responsibility to you or to any third party arising from your access, transmission or display of the Content. 

6.4 To the extent you create data files, written text, computer software, music, audio files or other sounds, photographs, videos and other images, you are solely liable and responsible for all such information and for the access, transmission and display of such information.  PTCG has no liability or responsibility to you or to any third party arising from your creation of information in connection with the Services.

7. Proprietary rights

7.1 PTCG or its licensors own all right, title and interest in and to the Services and the Content, including any intellectual property rights which subsist in the Services and Content (whether registered or common law) in any and all jurisdictions.  The Services may contain information designated confidential by PTCG, and you shall not disclose such information without PTCG’s prior written consent.

7.2 Unless permitted by Additional Terms, you may not use PTCG’s trade names, trademarks, service marks, logos, domain names and other distinctive brand features or identifiers.

7.3 Other than the limited license set forth in Section 8, PTCG possesses no right, title or interest in or to any information that you submit, post, transmit or display on or through the Services, including any intellectual property rights which subsist in such information.  You are responsible for protecting and enforcing any rights in such information and PTCG has no obligation to protect such information on your behalf.

7.5 You shall not remove, obscure or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Services or Content.

7.6  When using the Services, you may not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.  You will fully indemnify and hold PTCG harmless from any claims by third parties that your use of such party’s intellectual property constitutes infringement by PTCG.

8. License from PTCG

8.1 PTCG grants to you a non-assignable and non-exclusive license to use PTCG’s website and to access and display the information and Content of its website.

8.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of PTCG’s website unless expressly permitted or required by law or unless permitted by Additional Terms.

8.3 You may not assign or sub-license your rights to use PTCG’s website or Content or otherwise transfer or encumber any part of the license granted herein.

9. License from you

9.1 You retain all rights in information that you submit, post or display on or through the Services.  By submitting, posting or displaying such information, you grant to PTCG a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any information that you submit, post or display on or through the Services. This license is for the sole purpose of enabling PTCG to display, distribute and promote the Services and is subject to any applicable Additional Terms.

9.2 The license granted by you includes the right for PTCG to make your information available to third parties and to use such information in connection with the Services to third parties.

9.3 You warrant and represent to PTCG that you have the right, power and authority to grant the above license to PTCG.

10. Updates

10.1 PTCG’s website, the Content and the software that you use in connection with the Service may be updated from time to time.  Some updates may automatically download and install.  These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions.  You agree to receive such updates (and permit PTCG to deliver these to you) as part of your use of the Services.

11. Ending your relationship with PTCG

11.1 The Terms will continue to apply until terminated by either you or PTCG as set forth below.

11.2 If you want to terminate your agreement(s) with PTCG, you may do so by (i) notifying PTCG in writing; and (ii) closing your accounts or terminating your use and access of all Services.  Notwithstanding the foregoing, Additional Terms may contain other requirements or prerequisites to the termination of your agreement(s) with PTCG.

11.3 Unless otherwise provided by Additional Terms, PTCG may terminate its agreement with you at any time if (i) you breach the Terms or have acted in manner evidencing your intention to breach the Terms or your inability to comply with the Terms; or (ii) PTCG is required to do so by law (for example, where the provision of the Services to you is or becomes unlawful); or (iii) the provision of the Services to you by PTCG is in PTCG’s sole discretion, no longer commercially viable.

11.4 If these Terms are terminated, all the terms and obligations of Sections 7, 9, 12, 13 and 16 shall survive.

12. EXCLUSION OF WARRANTIES

12.1 YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”

12.2 PTCG, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT (i) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (ii) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; OR (iii) INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (iv) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

12.3 ANY CONTENT OR MATERIAL ACCESSED OR OBTAINED THROUGH THE SERVICES IS ACCESSED AND OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE FOR ANY LOSS THAT RESULTS FROM THE ACCESS OF ANY SUCH CONTENT OR MATERIAL.

12.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PTCG OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

12.5 PTCG EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

13. LIMITATION OF LIABILITY

13.1 PTCG, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS ARE NOT FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR OTHER INTANGIBLE LOSSES.

13.2 PTCG, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS ARE NOT FOR ANY LOSS OR DAMAGE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF (i) RELIANCE BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF THE SERVICES; OR (ii) CHANGES THAT PTCG MAY MAKE TO THE SERVICES OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE SERVICES, IN WHOLE OR IN PART; OR (iii) THE DELETION, CORRUPTION OR FAILURE TO STORE ANY CONTENT AND OTHER DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; OR (iv) YOUR FAILURE TO PROVIDE PTCG WITH ACCURATE INFORMATION; OR (v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

13.3 THE LIMITATIONS OF PTCG’S LIABILITY HEREIN SHALL APPLY WHETHER OR NOT YOU AND/OR PTCG HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY, LIKELIHOOD OR RISK OF ANY SUCH LOSSES.

14. Other content

14.1 The Services may include links to other websites or content or resources.  PTCG has no control over or liability for the use of any websites, content or resources provided by parties other than PTCG.

14.2 PTCG is not responsible for the availability of third party websites or content and does not endorse any advertising, products or other materials on or available from such third parties.

14.3 PTCG is not liable for any loss or damage incurred by you as a result of your use of and access to third party websites or content (or your inability to use and access such websites or content) or as a result of your reliance on the completeness, accuracy or existence of any advertising, products or other materials on or available from such third parties.

15. Changes to the Terms

15.1 PTCG may make changes to the Universal Terms from time to time, with no notice to you, by posting the amended Universal Terms at its website.  You are responsible for periodically reviewing PTCG’s website and any amended Universal Terms posted thereon.

15.2 If you use or access the Services after the amendment of the Universal Terms, your use or access of the Services constitutes acceptance of the amended Universal Terms.

15.3  Additional Terms may be amended from time to time as set forth in such Additional Terms.

16. General legal terms

16.1 Your use of third party software, services, components or networks to access or use the Services is subject to the separate terms or agreements between you and such third parties.  These Terms do not apply to and do not affect your legal relationship with such third parties.  PTCG is not liable for or responsible for such third party software, services, components or networks.

16.2 The Terms constitute the entire legal agreement between you and PTCG and govern your use of the Services.

16.3 PTCG may provide you with notices, including notices regarding changes to the Terms, by email, regular mail or postings on the Services or PTCG’s website.  Except for notices expressly required by the Terms to be provided at certain times or in certain manners, notices may be provided at PTCG’s sole discretion.

16.4 If PTCG does not exercise or enforce any legal right or remedy contained in the Terms or available by applicable law, PTCG does not waive or limit its rights and all rights or remedies will remain available to PTCG.

16.5 If any court of competent jurisdiction rules that any provision of the Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms.  The remaining provisions of the Terms will continue to be valid and enforceable.  A court of competent jurisdiction may rewrite any invalid provision of the Terms in order to give the Terms their intended effect.

16.6  No other person or company shall be a third party beneficiary of the Terms.

16.7 The Terms and your relationship with PTCG under the Terms is governed by the laws of the Commonwealth of Pennsylvania without regard to conflict of laws provisions.  You agree to submit to the exclusive jurisdiction (except as set forth in this Section 16.7) of the courts located in and for Bradford County, Pennsylvania to resolve any dispute or matter arising from the Terms or from your use of the Services, and you agree that venue and forum in such courts is proper and convenient.  Notwithstanding the foregoing, you agree to submit to the jurisdiction of any court, at PTCG’s sole and exclusive discretion, with respect to any request by PTCG for injunctive remedies or an equivalent type of emergency relief.

16.8 Where written notice from you to PTCG is required or permitted by the Terms, your written notice shall be sent to PT Compliance Group, LLC, 24569 Route 6, Suite C, Towanda, PA 18848 and you must obtain proof of delivery of such notice.  The date of your notice is the date it is delivered to PTCG.