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Because of the possible unanticipated changes in governing statutes and case law relating to the application of the information contained on this website (pensionappraisers.com), the authors and creators and any and all persons or entities involved in any way in preparation of the website disclaim all responsibility for the legal effects or consequences of the interpretation of the information provided. Individuals intending to use pensionappraisers.com as an information resource should seek advice from family law professionals and experts.
Pension Appraisers, Inc. is provided to you free of charge, "as is". Pension Appraisers, Inc. uses its best efforts to manage the site, but is not responsible for the results of any defects that may be found to exist in the cause of lost profits or other consequential damages that may result from such defects. Do not assume Pension Appraisers, Inc. is error free.
Pension Appraisers, Inc. produces search links to sites located throughout the worldwide web and Internet. Pension Appraisers, Inc. makes no guarantees as to such sites and information including as to: the accuracy, currency, content, or quality.
Pension Appraisers, Inc. is not responsible for the content of any pages of advertisments, or any infringement of any trademark, copyright or other rights of any party contained in the pages or advertisements submitted to Pension Appraisers, Inc., or any violation of any applicable laws, orders, rulings or regulations arising anywhere in the world from where the advertisements or pages can be accessed
A. DESCRIPTION OF SERVICE
Pension Appraisers, Inc. does or will provide users with access to a rich collection of on-line resources, including, various communications tools, online forums, shopping services, personalized content and branded programming through its network of properties (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Pension Appraisers, Inc. properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Pension Appraisers, Inc. assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
B. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to provide true, accurate, current and complete information about yourself as prompted by any of the Service’s Registration Processes (such information being the "Registration Data") . If you provide any information that is untrue, inaccurate, not current or incomplete, or Pension Appraisers, Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pension Appraisers, Inc. has the right to suspend or terminate your use and refuse any and all current or future use of the Service (or any portion thereof). Pension Appraisers, Inc. is concerned about the safety and privacy of all its users.
C. VISITOR/MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing some of the Service. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Pension Appraisers, Inc. of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Pension Appraisers, Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
D. VISITOR/MEMBER CONDUCT
You understand that all information, data, text, software, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Pension Appraisers, Inc., are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. Pension Appraisers, Inc. does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Pension Appraisers, Inc. be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
You agree to not use the Service to:
a. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Pension Appraisers, Inc. official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email or otherwise transmit any Content that you do not have a right to transmit 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);
f. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
h. upload, post, email or otherwise transmit 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;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. "stalk" or otherwise harass another; or
l. collect or store personal data about other users.
You acknowledge that Pension Appraisers, Inc. does not pre-screen Content, but that Pension Appraisers, Inc. and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Pension Appraisers, Inc. and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Pension Appraisers, Inc. or submitted to Pension Appraisers, Inc., including without limitation information in Pension Appraisers, Inc. Message Centers, Pension Appraisers, Inc. Forums, Pension Appraisers, Inc. Chat Rooms, Pension Appraisers, Inc. Web Pages, Pension Appraisers, Inc. Calendar and in all other parts of the Service. You acknowledge and agree that Pension Appraisers, Inc. may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Pension Appraisers, Inc., its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
E. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
F. PUBLIC CONTENT POSTED TO WEBSITE
With respect to all Content you elect to post to other publicly accessible areas of the Service, you grant Pension Appraisers, Inc. the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
You agree to indemnify and hold Pension Appraisers, Inc., 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 you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
H. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Pension Appraisers, Inc. may establish general practices and limits concerning use of the Service.
I. MODIFICATIONS TO SERVICE
Pension Appraisers, Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Pension Appraisers, Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Pension Appraisers, Inc., in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Pension Appraisers, Inc. believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Pension Appraisers, Inc. may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Pension Appraisers, Inc. may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Pension Appraisers, Inc. shall not be liable to you or any third-party for any termination of your access to the Service.
J. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Pension Appraisers, Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Pension Appraisers, Inc. has no control over such sites and resources, you acknowledge and agree that Pension Appraisers, Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Pension Appraisers, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
L. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Pension Appraisers, Inc. 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.
b. Pension Appraisers, Inc. MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Pension Appraisers, Inc. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
M. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Pension Appraisers, Inc. SHALL 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 Pension Appraisers, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) 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 SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
N. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Pension Appraisers, Inc. and govern your use of the Service, superceding any prior agreements between you and Pension Appraisers, Inc.. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Pension Appraisers, Inc. shall be governed by the laws of the State of Pennsylvania without regard to its conflict of law provisions. You and Pension Appraisers, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Lehigh, Pennsylvania. The failure of Pension Appraisers, Inc. to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
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