Terms of Service
Agreement between You and PIO POST, LLC
These terms are effective as of July 23, 2012
DO NOT RELY ON THIS SERVICE FOR ANY EMERGENCY COMMUNICATION WHATSOEVER TO LAW ENFORCEMENT. IN THE EVENT OF AN EMERGENCY, PLEASE DIAL 911.
- Fee for Service. PIO POST provides a free account and a fee based account. Fees are based on the package the user has chosen. Each package has a base fee, which may incur extra charges for overages. Overage charges may apply to some services. You agree to pay for services rendered above and beyond those included with your package.
- Personal Use. The Service is made available to you for your personal use only. Due to the Children’s Online Privacy Protection Act of 1998, you must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. PIO POST, LLC reserves the right to refuse service to anyone at any time without notice for any reason.
- Proper Use. You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with this Agreement, which acceptance is confirmed by your clicking below. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as determined by PIO POST, LLC in its sole discretion; (ii) upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates the Program Policies, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this agreement, and may subject you to state and federal penalties and other legal consequences. PIO POST, LLC reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of this agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
- Content of the Service. PIO POST, LLC takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does PIO POST, LLC have any obligation to monitor such third party content. PIO POST, LLC reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. PIO POST, LLC also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of PIO POST, LLC, its users and the public. PIO POST, LLC will not be responsible or liable for the exercise or non- exercise of its rights under this agreement.
- Intellectual Property Rights. You acknowledge that PIO POST, LLC owns all right, title and interest in and to the Service, including without limitation all intellectual property rights including, but not limited to, any and all text, graphics, software, data, information, images, music, sound, video, audiovisual works, and data associated with the Service (the “PIO POST, LLC Rights”), and such PIO POST, LLC Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device to monitor or copy any content from the Service. The PIO POST, LLC Rights include rights to (i) the Service developed and provided by PIO POST, LLC; and (ii) all software associated with the Service. The PIO POST, LLC Rights do not include third-party content used as part of Service, including the content of communications appearing on the Service. PIO POST, LLC does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your PIO POST account.
- Representations and Warranties. You represent and warrant that (a) all of the information provided by you to PIO POST, LLC to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this agreement and to perform the acts required of you hereunder.
- Advertisements. As consideration for using the Service, you agree and understand that PIO POST, LLC may display ads and other information adjacent to and related to the content of your data.
- Account Inactivity. After a reasonable period of inactivity, PIO POST, LLC reserves the right to disable or terminate a user’s account. If an account has been deactivated for inactivity, any unique identifiers, such as usernames and subdomains, associated with that account may be given to another user without notice to you or such other party.
- Termination; Cancellation. You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by providing notice to PIO POST, LLC; provided, however, that a terminated account may continue to exist for up to two (2) business days before such cancellation takes effect. PIO POST, LLC may at any time and for any reason terminate the Service, terminate this agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless PIO POST, LLC has previously canceled or terminated your use of the Services (in which case subsequent notice by PIO POST, LLC shall not be required), if you have provided an alternate email address, PIO POST, LLC will notify you via email of any such termination or cancellation, which shall be effective immediately upon PIO POST, LLC’s delivery of such notice. Sections 3, 4, 5, 7, and 11 — 13 of this agreement, along with applicable provisions of the general Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination of this agreement.
- Indemnification. You agree to hold harmless and indemnify PIO POST, LLC, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneysï¿½ fees, of every kind and nature. In such a case, PIO POST, LLC will provide you with written notice of such claim, suit or action.
- Choice of Law; Jurisdiction. This agreement will be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Pima County, Arizona, and you consent to the jurisdiction of such courts.
- Disclaimer of Warranties. PIO POST, LLC disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the PIO POST, LLC Service results. PIO POST, LLC disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. PIO POST, LLC disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the PIO POST, LLC Service.
- THE PIO POST, LLC SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE PIO POST PIO POST, LLC SERVICE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. PIO POST, LLC EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. PIO POST, LLC DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PIO POST, LLC SERVICE. PIO POST, LLC DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PIO POST, LLC SERVICE. PIO POST, LLC DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PIO POST, LLC SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE PIO POST, LLC SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE PIO POST, LLC SERVICE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE PIO POST, LLC SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
- Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL PIO POST, LLC BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE PIO POST, LLC SERVICE. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PIO POST, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PIO POST, LLC SERVICE, FROM INABILITY TO USE THE PIO POST, LLC SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PIO POST, LLC SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PIO POST, LLC SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PIO POST, LLC SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PIO POST, LLC SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PIO POST, LLC SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PIO POST, LLC SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE PIO POST, LLC SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Without limiting the foregoing, under no circumstances shall PIO POST, LLC be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
- Miscellaneous Provisions. These Terms of Service will be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by PIO POST, LLC. To the maximum extent possible, each provision of this agreement shall be interpreted in such a manner as to be valid and enforceable under applicable law. If any provision hereunder is held to be invalid or unenforceable under applicable law, such provision shall be deemed modified so as to be rendered valid and enforceable while implementing, to the greatest extent possible, the original intent of such provision. If such reformation is not possible or permitted, the invalidity or unenforceability of such a provision shall not otherwise impact the validity or enforceability of the remaining provisions hereunder. No waiver of any term or condition herein shall be deemed a further or continuing waiver of such term or condition or any other term or condition. PIO POST, LLC reserves the right to modify these terms and conditions without notice to you, and your continued use of the Service after such modifications will make such modifications binding on you.
- Linking and Framing. Except where expressly prohibited herein, you may provide a link from a web site operated by you directly to the home page offering the Service. Without PIO POST, LLCï¿½s express written permission, you may not (i) link to any page other than the home page (i.e. a “deep link”), (ii) link to any part of the site hosting the Service through the use of frames, inline links or any similar technology whereby the Service will be displayed without leaving the linking web site, (iii) use any intellectual property of PIO POST, LLC as part of a link, and/or (iv) intentionally or unintentionally create any link implying that an endorsement or affiliation with PIO POST, LLC exists when that is not the case