2. Online Services and Disclaimer of Warranty. The PW sites provide online resources including, but not limited to, online information regarding PW’s products, services, resources, or informational content products (heinafter the “Products”). Any new Products added to the sites shall fall under the terms of this TOU. The Products offered on PW sites are provided “AS IS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. PW assumes no responsibility for any data loss or other loss suffered by any User of the sites. User is fully responsible for maintaining its computer equipment and Internet access to use the sites.
3. Registration. Certain areas of the sites are provided solely to registered Users. Any User registering for such services agrees to provide true and accurate information during the registration process. PW reserves the right to terminate the access of such Users should PW know, or have reasonable grounds to suspect, that a User has entered false or misleading information during the registration process. ALL USERS MUST BE OF LEGAL AGE TO REGISTER. Children under the age of 18 shall not be permitted to register.
4. User account. Users will select a password upon completing the registration process. Users are fully responsible for maintaining the confidentiality of their password. User agrees to immediately notify PW should User know, or have reasonable grounds to suspect, that the password has been compromised. PW shall not be responsible for User’s failure to abide by this Paragraph.
5. Informational content supplied by Users. User understands that all information, computer files, software, graphics, sound files, and text, whether transmitted through the PW sites or via email to PW, are the responsibility of the User from which such informational content has originated. Any information received by PW from User is thereafter the property of PW.
6. User conduct. User agrees to not use the PW sites to:
a. upload, post, or transmit any informational content that is unlawful, threatens another person or entity, defamatory, vulgar, obscene, libelous, invades the privacy of another, or is otherwise objectionable;
b. harm legal minors;
c. collect personal information on, “cyberstalk,” bully, or harass another User, or engage in conduct that negatively affects the online experience of another User;
d. impersonate another User, person, or entity, including any official or employee of PW;
e. intentionally or unintentionally violate any local, state, or federal law, including violations of the Copyright Act;
f. upload, post, or transmit any software or files that contain software viruses or other harmful computer code;
g. interfere with the operation of PW’s web servers or other computers or Internet or network connections;
h. upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another;
i. upload, post or transmit and unsolicited or unauthorized advertising, including “spam” or “junk mail,” and
j. reproduce, copy, duplicate, or sell any portion of the PW sites.
PW may disclose any informational content Users email or transmit to PW, if such disclosure is necessary to enforce this TOU, to respond to claims of intellectual property infringement, to comply with legal process, to fill orders, to grow its business, or to protect the rights of PW, the public, or other Users.
7. Indemnity. User agrees to indemnify and hold PW, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content submitted, posted, transmitted or made available through the PW sites, including User violation of the TOU, or User violation of any rights of another.
8. Limits and modifications. PW may establish without notice limits on the use of its sites, including the number of times User may access the sites. PW reserves the right to modify any and all portions of the PW sites without notice. Under no circumstances shall PW be liable to User or any other party for such limits or modifications.
9. Termination of User account. PW may, at its sole discretion, terminate the User’s account for any reason. Under no circumstances shall PW be liable to User or any other party for such termination of User’s account.
10. Third party advertisers. PW may allow third party advertisers to advertise on the sites. PW takes no responsibility for User’s dealings with, including any online or other purchases from, any third party advertisers. PW shall not be liable for any loss or damage incurred by User in its dealings with third party advertisers.
11. Hyperlink policy. Hyperlink Disclaimer: PW sites may contain hyperlinks to other Internet sites or social media not under the editorial control of PW. These hyperlinks are not express or implied endorsements or approvals by PW of any products, services or information available from these sites.
12. PW’s intellectual property rights. User agrees not to distribute, license, or create derivative works from any of PW’s copyrighted or trademarked material available on the sites.
13. No warranties. THE USE OF THE SITES ARE PROVIDED “AS IS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION.
14. Limitation of liability. PW’S MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE INFORMATION RECEIVED (IF ANY). PW IS NOT LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF PROFITS OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN.
15. Notice. Notices may be posted to the PW sites or e-mailed to Users using the e-mail address Users submitted during the registration process.
16. General. This TOU Agreement constitutes the entire agreement between you and PW and governs your use of the PW sites. This TOU Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. User agrees to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth of Pennsylvania. The failure of PW to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of this TOU 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 the other provisions of the TOU Agreement remain in full force and effect. Any claim arising under the terms of this TOU Agreement must be brought within one (1) year after such claim or cause of action arose or be forever barred.
3. Collection of Personal Information. PW may collect Personal Information when you register on the site, place an order, visit cookie-enabled web pages, or otherwise interact with the PW sites. PW may also log your IP address when you use the PW sites.
4. Use of Personal Information. PW uses this Personal Information to fulfill requests for our services or products, to contact Users regarding changes to our site or our business, and to customize the content that you might see on the PW site. PW may also use “cookie” files to better serve your needs by creating a customized site which fits your needs.
5. Sharing and Disclosure of Personal Information. PW will not sell personally identifiable Personal Information to any individual, business, or government entity. PW may share your Personal Information with third parties who assist us in operating our website, conducting our business, and servicing you. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, enhance our business systems, or protect ours or others' rights, property, or safety. Non-personally identifiable Personal Information may be provided to other parties for marketing, advertising, or other uses. PW will share your Personal Information when it is required to respond to court orders, subpoenas or other legal process.
6. Amendments. PW reserves the right to amend this policy at any time. PW will post a notice of changes on its site, when and if the terms of this policy are amended.
7. Contact. We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue.
Updated January 2023