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Terms of Use

Terms of Use
www.pcgdigitalmarketing.com is operated by Pasch Consulting Group, LLC d/b/a PCG Digital Marketing (“PCG”). These Terms of Use apply to PCG and not to the content of third parties.
Acceptance of terms of use
These Terms and other applicable conditions and notices contained herein govern your use of the PCG service and website. By using, visiting, or browsing the PCG website(s), you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the PCG service or website.
These Terms of Use are an ongoing contract between you and PCG and apply to your use of the PCG service and website. These Terms of Use affect your rights and you should read them carefully.
Changes to terms of use
PCG reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the links that direct you to the Terms on the PCG website. The most current version of the Terms will supersede all previous versions. Your use of the PCG website or continued use of our service after changes are made means that you agree to be bound by such changes.
Participation
Restriction
The PCG website is not intended for use by anyone not able to legally form binding contracts or under the age of 18. If you are not able to legally form binding contracts or at least age 18, you may not use the PCG website or submit information about yourself to the PCG website. We reserve the right to discontinue, suspend, cancel, deactivate or delete your account and all related information and files in your account. We further reserve the right (but do not have the obligation) to restrict, refuse, terminate, or suspend your access to or use of all or any part of the services, at any time and for any reason without giving any prior notice, in our sole discretion, including without limitation, in such instances wherein we believe that you are or might be engaged in any form of fraudulent, illegal, or otherwise improper activity regarding the services. You agree that we will not be liable to you or any third party for taking any of these actions.
Registration
Some of the services offered on the PCG website require registration. Without completing such registration you will not be able to use such services. You agree to provide true, accurate, current and complete information about yourself as prompted during the registration process. You further agree to maintain and promptly update such information to keep it true, accurate, current and complete. Upon completion of the registration, you will receive a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password and/or account. You agree to (a) immediately notify us of any unauthorized use of your account or password or any other breach of security, and (b) exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with the foregoing requirements. You understand and agree that our services may include communications such as service announcements and administrative messages from us or from our partners and that these communications are considered part of the services. You will not be able to opt out of receiving these messages. You also understand that our services may include advertisements.

PROHIBITED ACTS, MONITORING OF CONTENT AND TERMINATION
The PCG website may contain e-mail services, blogs, bulletin board services, chat areas, news groups, forums, text alerts, communities, calendars, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, “Communication Services”). You agree to use the PCG website and Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the PCG website or particular Communication Service. By way of example, and not as a limitation, you agree that when using the PCG website or Communication Services you will not:
1. upload, post, email, transmit or otherwise make available any content that is unlawful, abusive, harmful, threatening, harassing, tortious, defamatory, libelous, or invasive of another’s privacy;
2. harm minors in any way;
3. impersonate any person or entity, including but not limited to a PCG official or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the PCG website or Communication Services;
5. upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, image or program, copyright or other proprietary rights of any party;
7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, charity requests, petitions for signatures, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. interfere with or disrupt the PCG website or Communication Services or servers or networks connected to the Site or Communication Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Communication Services;
10. intentionally or unintentionally violate any applicable local, state, national or international law;
11. interfere in any way with other users of the PCG website or Communication Services; and
12. post, list or transmit articles which are off topic according to the description of the group affected (collectively, the “Prohibited Acts”).
You understand that all communications and all information, data, text, images, software, icons, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted by users of the PCG website, (collectively, “User Content”) are the sole responsibility of the person from which such content or communications originated. This means that you, and not PCG, are entirely responsible for all User Content or communications that you upload, forward, post, email, transmit or otherwise make available via the PCG website or Communication Services.
PCG does not control the User Content or communications posted via the PCG website or Communication Services and, as such, does not guarantee the accuracy, integrity or quality of such Content or communications. You understand that by using the PCG website or Communication Services, you may be exposed to Content or communications that are offensive, indecent or objectionable. PCG will not be liable in any way for any Content or communications, including, but not limited to, any errors or omissions in any Content or communications, or for any loss or damage of any kind incurred as a result of the use of any Content or communications posted, emailed, transmitted or otherwise made available via the PCG website or Communication Services.
Use of, access to, or participation in any of the Communication Services are also subject to these Terms of Use. Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by PCG. PCG cannot and does not screen all Content or communications provided by users of the PCG website or Communication Services. Nevertheless, PCG reserves the right to monitor Content and communications on the PCG website and on the Communication Services, and reserves the right to edit or remove Content or communications which PCG in its sole discretion determines to be harmful, offensive, or otherwise in violation of these Terms of Use or any other PCG policies not expressly set forth here.
PCG further reserves the right to terminate your access to the PCG website, the Communication Services and any accounts you may have in connection with the site or Communication Services at any time and, without notice, for any reason whatsoever. You agree that PCG shall not be liable to you or any third party for any termination of your access to the PCG website, the Communication Services or any accounts you may have in connection with the site or Communication Services.
PCG reserves the right at all times to disclose any information as PCG deems necessary to enforce the foregoing Terms of Use or any other PCG policies, to satisfy any applicable law, regulation, legal process or governmental request, and to respond to claims that the site or Communication Services violate the rights of third parties.
You understand that the technical processing and transmission of the Content may involve
1. transmission over various networks; and
2. changes to conform and adapt to technical requirements of connecting networks or devices.
Electronic communications
By using the PCG website, you consent to receiving electronic, phone, and mail communications from PCG. These communications will include notices about your account and information concerning or related to our service. These communications are part of your relationship with PCG and you are entitled to receive them as part of the PCG subscription. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Service testing
From time to time, we test various aspects of our service, and we reserve the right to include you in these tests without notice.
PCG Materials
PCG hereby grants you a limited, non-exclusive, non-transferable license to download, view, copy and print content, images, photographs and graphics incorporated in or found on the PCG website, which are not considered User Content as defined above (the “PCG Materials”), subject to the following conditions: (1) the PCG Materials may be used solely for personal, informational, and non-commercial purposes; and (2) the PCG Materials may not be modified or altered in any way. Except to the extent permitted under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, post, reproduce, publish, license, transmit or distribute any information from the PCG website in whole or in part without the prior written consent of PCG or any third party that provides information to PCG.
User Content
If you do post or transmit User Content, and unless PCG indicates otherwise, you grant PCG and its affiliates a nonexclusive, royalty-free, worldwide, irrevocable, perpetual, and fully sublicensable right to use, reproduce, adapt, adopt, modify, translate, publish, distribute, and display such User Content throughout the world in any media. You also grant PCG and its affiliates and sublicensees the right to use the name that you submit in connection with such User Content as well as in connection with any and all advertising, marketing and promotional material related thereto. You further represent and warrant that you own or otherwise control all of the rights to the User Content that you post; that the content of the User Content is accurate; that the content of the User Content is not scandalous or libelous; that use of the User Content you supply does not violate these Terms of Use and will not cause injury to any person or entity. You further agree to indemnify PCG and its affiliates and sublicensees for all claims resulting from the User Content you supply.
PCG has the right (but not the obligation) to monitor and edit or remove any activity or content on the PCG website. PCG takes no responsibility and assumes no liability for any User Content posted by you or any third party

Intellectual property
Copyright

All content included on the PCG website and delivered to subscribers as part of the service, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of PCG, Inc., or its suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Riverside Recreations LLC, and protected by U.S. and international copyright laws. Content should not be reproduced or used without express written permission from PCG, or its suppliers. PCG reserves the right to terminate your membership hereunder if PCG, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the copying or other unauthorized use of our proprietary content.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PCG’s Copyright Agent the following information:

(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(2) a description of the copyrighted work that you claim has been infringed;
(3) a description of where the material that you claim is infringing is located on the PCG website;
(4) your address, telephone number, and email address;
(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
(6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf (a “Copyright Infringement Notification”).

PCG’s Copyright Agent for Copyright Infringement Notifications can be reached as follows:

By Mail:
RENEE MCGOWAN
PCG DIGITAL MARKETING/DIGITAL COMPASS MARKETING
446 ROUTE 35 SOUTH
BUILDING C
EATONTOWN, NJ  07724
732-450-8200

Failure to include all of the above information may result in a delay of the processing or the Copyright Infringement Notification. It is expected that all users of any part of the PCG website will comply with applicable copyright laws. However, if PCG receives a proper Copyright Infringement Notification we will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. PCG will comply with the appropriate provisions of the Digital Millennium Copyright Act in the event a counter notification is received.

Under appropriate circumstances, PCG may, in its discretion, terminate access of users of the PCG website and Communication Services who are repeat infringers.

It is our policy to accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works.

Trademarks
“PCG,” the PCG logo and other marks indicated on the PCG website are registered trademarks or trademarks of PCG in the United States and worldwide. Other PCG graphics, logos, page headers and service names are trademarks or trade dress of PCG. PCG’s trademarks and trade dress may not be used in connection with any product or service that is not PCG’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PCG. Unless otherwise noted on the Site, all other trademarks, service marks and logos used on the PCG website are the trademarks, service marks or logos of their respective owners.

Account access & identity protection.
In order to provide you with ease of access to your account, PCG will place a cookie (a small text file) on any computer from which you access the PCG website. When you revisit the PCG website, this cookie will enable us to recognize you as a previous user or as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You may not share your account with other people by providing them your password. However, if you decide to share your account with other people, you take full responsibility for their actions and liabilities. Users of public or shared computers should log out at the completion of each visit to the PCG website.
If you find that you’re a victim of identity theft and it involves an PCG account, you should notify PCG. Then, you should report this instance to all your credit card issuers, as well as your local law enforcement agency. PCG reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. PCG is not obligated to credit or discount a membership for holds placed on the account by either a representative of PCG or by the automated processes of PCG.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE PCG WEBSITE OR COMMUNICATION SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PCG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

PCG MAKES NO WARRANTY THAT (1) THE PCG WEBSITE OR THE COMMUNICATION SERVICES WILL MEET YOUR REQUIREMENTS; (2) THE PCG SITE OR THE COMMUNICATION SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF VIRUSES, ERRORS OR OTHER HARMFUL COMPONENTS, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PCG SITE OR COMMUNICATION SERVICES WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PCG SITE OR COMMUNICATION SERVICES WILL MEET YOUR EXPECTATIONS, AND (5) ANY ERRORS ON THE PCG SITE OR COMMUNICATION SERVICES WILL BE CORRECTED.

ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PCG WEBSITE OR THE COMMUNICATION SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.

NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, WHETHER OBTAINED BY YOU FROM PCG, FROM A PCG EMPLOYEE OR AGENT, OR THROUGH OR FROM THE PCG WEBSITE OR COMMUNICATION SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF USE.

PCG WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PCG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SITE OR COMMUNICATION SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR COMMUNICATION SERVICES, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PCG SITE OR COMMUNICATION SERVICES, OR (5) ANY OTHER MATTER RELATING TO THE PCG SITE OR COMMUNICATION SERVICES. NOTWITHSTANDING THE FOREGOING, IF PCG IS FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR ANY THIRD PARTY SHALL BE LIMITED TO ONE HUNDRED DOLLARS (U.S. $100).
To the maximum extent permitted by applicable law, you hereby release, and waive all claims against PCG, its members, managers, principals, owners, parents, subsidiaries, officers, directors, employees, representatives, agents, co-branders, partners, contractors, consultants, suppliers, licensors, customers, and other affiliates from claims, demands and damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind or nature, known or unknown, arising out of or in any way connected with use of the PCG website or Communication Services. If you are a California resident, you knowingly and voluntarily waive the provisions of California Civil Code Section 1542, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.
Indemnification
You agree to defend, indemnify and hold harmless PCG, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorney’s fees and costs, arising out of or in any way connected with your access to or use of the PCG website or Communication Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

Governing Law
You agree that the laws of the State of New Jersey and courts of the County of Camden shall have exclusive jurisdiction over any dispute or claims, policies, and procedures between you and PCG relating in any way to the PCG website, the Communication Services or these Terms of Use. You expressly and irrevocably consent to personal jurisdiction and venue in these courts.

Notice for California Users
Under California Civil Code Section 1789.3, PCG Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Notices
Unless provided to the contrary herein, any and all notices or other communications or deliveries required or permitted to be made under these Terms of Use shall be sent (a) if to you, at the electronic mail address you provide during registration, and (b) if to PCG, by electronic mail to XXX, or by U.S. certified mail to:

446 Route 35 South
Building C
Eatontown, NJ 07724
Attn: Terms of Use

Miscellaneous
If any provision of these Terms of Use is found for any reason to be unlawful, void or unenforceable, then that provision will be deemed severable herefrom and will not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. These Terms of Use, together with any of our policies and agreements referred to herein, are the entire agreement between you and us relating to your use of the PCG Site, Communication Services, the User Content, or the PCG Materials and supersede any and all prior or contemporaneous written or oral agreements between you and us regarding the same subject matter (except other written, fully-executed contracts between you and us). Neither the course of conduct between you and us, nor trade practice, shall act to modify any provision of these Terms of Use. These Terms of Use are not assignable, transferable or sublicenseable by you except with our prior written consent. The provisions of the following sections shall survive any termination of these Terms of Use: Intellectual Property, Disclaimer of Warranties and Limitation of Liability, Indemnification, Governing Law, Notices, and Miscellaneous.

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