Aviso de Privacidad

Precise Global Translations, Inc. (“PGT,” “we,” “us,” “our”) provides its services (described below) to you through its websites (collectively, the “Site”) and through its related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended occasionally, the “Terms of Service”). These Terms of Service shall apply to all circumstances and matters arising from or relating to the use of the Services and any other platforms or applications that reference these Terms of Service.

“You” and “your” refers to you, a visitor to or user of the Site or Services. If you agree to these Terms of Service on behalf of a company or other legal entity by using the Services on such entity’s behalf, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service, and, in such event, “you” and “your” refer to that company or other legal entity.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do so, we will post the changes on this page along with the date these terms were last revised. If we make material changes to our Terms of Service, we will notify you by email (if you have provided an email address to us) and/or by pop-up notification on the Site. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service.

In addition, when using the Services, you may be subject to any additional terms that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at https://precisetranslations.com/legal/privacy-policy. All such terms are hereby incorporated by reference into these Terms of Service.

IMPORTANT NOTICE: THIS AGREEMENT PROVIDES THAT ALMOST ALL DISPUTES BETWEEN YOU AND US ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. BY ENTERING THIS AGREEMENT, YOU GIVE UP YOUR RIGHT TO SUE IN COURT, OR TO BE PART OF A CLASS ACTION, TO RESOLVE THESE DISPUTES, AS EXPLAINED IN MORE DETAIL IN THAT SECTION.

Access and Use of the Service The Service provides efficient online interpretation, translation, and other document-related services.

Registration: You may have to register with PGT to access and use certain features of the Service. If you register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service's registration form(s). Personal information you provide when registering is governed by our Privacy Policy. If you are under 16, you may not use the Service, with or without registering. In addition, if you are under 18, you may use the Service, with or without registering, only with your parent or guardian’s approval Account, Password, and Security: You are responsible for maintaining the confidentiality of your password and account. You are also responsible for any activities that occur under your password or account. You agree to (a) immediately notify PGT of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session when accessing the Service. PGT will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service: PGT reserves the right to modify or discontinue, temporarily or permanently, the Service(s) (or any part thereof) with or without notice. You agree that PGT will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Use, Storage, and Data Retention: You acknowledge that PGT may establish general practices, policies, and limitations concerning the Service, including without limitation the maximum time that documents, data, or other content will be retained by the Service and the maximum storage space allotted on PGT’s servers on your behalf. You agree that PGT has no responsibility or liability for the deletion or failure to store any documents, data, or other content maintained or uploaded by the Service. You acknowledge that PGT reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that PGT reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Conditions of Use User Conduct: You are solely responsible for all documents, information, data, text, images, software, music, videos, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (“upload”); email; or otherwise use or transmit via the Service.

The following are examples of the content and/or use that is illegal or prohibited by PGT. PGT reserves the right to investigate and take appropriate legal action against anyone who, in PGT's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators, and reporting violators to any relevant law enforcement authorities.

You agree to not use the Service to email, transmit, or otherwise upload any content that:

• Infringes any intellectual property or other proprietary rights of any party;
• you do not have a right to upload under any law or under contractual or fiduciary relationships;
• 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;
• poses or creates a privacy or security risk to any person;
• constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
• is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; or
• in the sole judgment of PGT, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may:

1. Expose PGT or its users to any harm or liability of any type;
2. 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;
3. Violate any local, state, national or international law, or any regulations having the force of law;
4. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
5. Solicit any personally identifiable information from anyone under the age of 18;
6. Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means to send unsolicited emails or other unsolicited communications;
7. Advertise or offer to sell or buy any goods or services for any business purpose not specifically authorized;
8. Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
9. Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally provided for through the Service.

Fees: To use the Services, you will have to make one or more payments and provide PGT information regarding your credit card or other payment instrument. You represent and warrant to PGT that such information is true and that you are authorized to use the payment instrument information you provide. You agree to promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay PGT the amount specified in the Service at the point of sale, prior to the commencement of services.

PGT may bill through an invoice, in which case, full payment for invoices issued in any month must be received by PGT thirty (30) days after the mailing date of the invoice, or the Services may be suspended. Unpaid invoices are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, plus all expenses of collection.

If you dispute any charges you must let PGT know within sixty (60) days after the date that PGT invoices you. We reserve the right to change PGT's prices at any time for any reason. If PGT does change prices, PGT will provide notice of the change on the Site or in email to you, at PGT's option. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.

International Use: Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

Aviso Legal

Commercial Use: Unless otherwise authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service except for your own User Content and Confidential Information (as defined below). Terms of Sale and Refund Policy Once an order has been marked as “In Progress,” as indicated on the order status page, the order cannot be refunded. All other refunds shall be issued at PGT’s sole discretion. All amounts required to be paid for PGT Services include no amount for taxes or levy (including interest and penalties). You shall pay all applicable taxes to relevant authorities including, without limitation, sales, use, value-added tax, excise, property, or other similar taxes or levies. You shall be responsible for all taxes associated with Services other than U.S. taxes based on PGT's net income.

Should PGT fail to provide any requested Service, your sole and exclusive remedy shall be to have the requested Service provided as soon as commercially reasonable, unless otherwise guaranteed or stipulated on the Site (e.g., for certain guaranteed expedited orders). Guarantees made by PGT that appear elsewhere on the Site are incorporated by reference into these Terms of Service.

Intellectual Property Rights and Confidentiality Service Content, Software, and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as authorized by PGT, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service.

With your use of the Service, you agree not to engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of PGT, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not granted herein are reserved by PGT.

The PGT name and logos are trademarks and service marks of PGT (collectively the “PGT Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to PGT.

With prior written permission, either PGT or you may include the other party’s name and logo on any customer or vendor lists, including lists publicly available online.

You also agree to consider the following upon PGT's written or verbal request: (a) issuing joint or individual press releases regarding the relationship; (b) serving as a customer reference; or (c) creating case studies or other such written or digital collateral. Nothing else in these Terms of Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of PGT Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from PGT Trademarks will inure to our exclusive benefit.

Third Party Material: Under no circumstances will PGT be liable for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred because of the use of any such content. You acknowledge that PGT does not prescreen content, but that PGT and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content available via the Service. Without limiting the foregoing, PGT and its designees may remove any content that violates these Terms of Service or is deemed by PGT, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, using any content you receive or encounter via the Service, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content Transmitted Through the Service: With respect to content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own (or have sufficient rights to) all right, title, and interest in such User Content, including, without limitation, all copyright and rights of publicity contained therein. By uploading any User Content you grant and will grant PGT and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service on your behalf, in any form, medium or technology now known or later developed. This provision does not apply to “Confidential Information” (as described below).

You acknowledge and agree that questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), you provide to PGT are not confidential and PGT will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that PGT may preserve content and may also disclose any User Content or Submissions 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, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of PGT, 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. For more information about disclosure of personally identifiable information, please see our Privacy Policy.

Confidentiality: Any content (including video, audio, and written documents) or other text you provide to PGT so that PGT may provide the Services will be your “Confidential Information,” except to the extent that such content (a) contains information known to PGT before receipt from you through a source other than one having an obligation of confidentiality to you; (b) contains information that becomes known (independently of disclosure by you) to PGT directly or indirectly through a source other than one having an obligation of confidentiality to you; or (c) contains information that is or becomes publicly known, or otherwise ceases to be secret or confidential, except through a breach of these Terms of Service by PGT. PGT will use the Confidential Information solely to provide the Services to you (the “Permitted Purpose”). PGT will not, without your prior consent, disclose to any third party your Confidential Information, other than furnishing such Confidential Information to our directors, officers, employees, agents, consultants, contractors, representatives, vendors, or affiliated entities (collectively, “Associated Persons”) who need to have access to such Confidential Information in connection with the Permitted Purpose. PGT will use at least reasonable care to protect the confidentiality of your Confidential Information. If PGT is required by law to make any disclosure of any of your Confidential Information, by subpoena, judicial or administrative order or otherwise, PGT will use commercially reasonable efforts to give you notice of such requirement (to the extent legally permissible) and will permit you to intervene in any proceedings to protect your interests in your Confidential Information. For more information about our use of your Confidential information, please see our Privacy Policy.

Copyright Complaints: PGT respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, notify PGT of your infringement claim using the procedure set forth below.

PGT will process and investigate notices of alleged infringement and will take actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws regarding any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to PGT's Copyright Agent at info@pgt.email (Subject line: “DMCA Takedown Request”).

To be effective, the notification must be in writing and contain the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property you claim has been infringed;
• a description of where the material you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counternotice containing the following information to the Copyright Agent:

• your physical or electronic signature;
• identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• a statement that you have a good faith belief that the content was removed or disabled because of mistake or a misidentification of the content; and
• your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court within the District of Maryland; and
• a statement that you will accept service of process from the person who provided notification of the alleged infringement.

COOKIES

If a counter-notice is received by the Copyright Agent, PGT will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner seeks a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy: Under the DMCA and other applicable law, PGT has adopted a policy of terminating, in appropriate circumstances and at PGT’s sole discretion, users deemed to be repeat infringers. PGT may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third Party Websites The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. PGT has no control over such sites and resources and PGT is not responsible for and does not endorse such sites and resources. You acknowledge and agree that PGT will 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 content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that PGT is not liable for any loss or claim that you may have against any such third party.

Indemnity and Release You agree to release, indemnify and hold PGT and its affiliates and their officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Warranties YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, EXCEPT WHERE EXPLICITLY GUARANTEED OTHERWISE BY PGT. PGT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

PGT MAKES NO WARRANTY THAT

1. THE SERVICE WILL MEET YOUR REQUIREMENTS,
2. THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR
4. THE QUALITY OF ANY DOCUMENTS, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT PGT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PGT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM:

1. THE USE OR THE INABILITY TO USE THE SERVICE;
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 SERVICE;
3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
5. ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL PGT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID PGT IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

DISPUTES, CHOICE OF LAW, AND FORUM Agreement to Binding Arbitration You understand and agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service, the parties’ relationship with each other and/or your access to and/or use of any PGT Service, including, but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally and exclusively settled by arbitration, provided that, nothing in this clause shall bar a party from seeking injunctive relief in emergent circumstances, including but not limited to the dissemination of its intellectual property.

Such arbitration shall be administered by the American Arbitration Association (“AAA”) under AAA’s Commercial Arbitration Rules and Mediation Procedures and Consumer-Related Disputes Supplementary Procedures, excluding any rules or procedures governing or permitting class actions. No Dispute shall be settled or litigated by a lawsuit or resort to court process, except as Maryland or any other applicable state law provides for judicial review of arbitration proceedings.

Términos de Uso

The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate, including, but not limited to any claim that all or any part of this agreement is void or voidable. The parties agree to treat the arbitration proceedings and any related discovery as confidential. The terms of this Agreement to Binding Arbitration govern if they conflict with the rules of the AAA.

You agree that any arbitration shall be conducted in Anne Arundel County, Maryland. The arbitrator shall be selected under the AAA rules. Should no AAA rule regarding Maryland selection of an arbitrator be in effect, you shall select an arbitrator from a panel of arbitrators acceptable to PGT. In any arbitration, the parties will split the cost of the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party, provided, however, that in some jurisdictions such as Maine, to the extent required by law, any cost to the consumer shall be limited. To begin the arbitration process, a party must make a written demand for arbitration.

Class Action and Class Arbitration Waiver The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the agreement to arbitrate set forth in this Section shall be deemed null and void and the parties shall be deemed to have not agreed to arbitrate disputes.

YOU ACKNOWLEDGE AND AGREE THAT ALL PARTIES TO THIS AGREEMENT ARE GIVING UP THEIR RIGHT TO HAVE SUCH DISPUTE DECIDED IN A COURT OF LAW BEFORE A JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

You may cancel this agreement to arbitrate by giving written notice to us within 30 days of your acceptance of this Agreement, or 30 days after we provide notice of material changes made to this Section. Send your cancellation notice to:

info@pgt.email or mail to: Precise Global Translations, Inc PO Box 130472 Spring, TX 77393

Your cancellation notice must include the following information:

1. your name,
2. your email address;
3. your mailing address;
and
4. a statement of your wish not to resolve disputes with us through arbitration. Your notice to opt-out of arbitration only applies to this Agreement; if you previously entered into other arbitration agreements with us or enter into other such agreements in the future, your notification that you are opting out of the arbitration terms of this Agreement shall not affect the other arbitration agreements between the parties. Should you withdraw from the arbitration provision, all other provisions of this Agreement shall remain in full force and effect.

If a claim proceeds in court rather than arbitration, each party waives any right to a jury trial and elect instead to have the dispute be resolved by a judge.

Notice of Dispute If you have any dispute with us regarding any PGT Service, you must first send written notice to us at info@pgt.email. We will attempt to resolve any disputes you have with us. We will not resolve any disputes between you and other Service users. The parties agree to negotiate resolution of the dispute in good faith for no less than sixty (60) days after you provide notice of the dispute. If we do not resolve your dispute within sixty (60) days from receipt of notice of the dispute, either party may pursue a claim in arbitration under this provision.

Disputes Not Arbitrable It is at the agreement of both you and PGT, with regard to these Terms of Service, that if a) you have opted out of the Agreement to Arbitrate, or b) a dispute between the parties is not subject to arbitration, that dispute shall be governed by the laws of Maryland without regard to its conflict of law provisions and that any claims, causes of action and/or disputes, arising out of or relating to these Terms, or the relationship between you and PGT, shall be filed within the courts having jurisdiction within Anne Arundel County, Maryland or the U.S. District Court located in Maryland. For disputes that are not arbitrable ONLY, you and PGT agree to submit to the jurisdiction of these courts and agree to waive any objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. Termination You agree that PGT, in its sole discretion, may suspend or terminate your 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 PGT believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. PGT 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 Terms of Service may be effected without prior notice, and acknowledge and agree that PGT 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 PGT will not be liable to you or any third-party for any termination of your access to the Service. User Disputes You agree that you are solely responsible for your interactions with any other user in connection with the Service and PGT will have no liability or responsibility with respect thereto. PGT reserves the right, but has no obligation, to become involved with disputes between you and any other user of the Service. General These Terms of Service and any other terms included by reference herein constitute the entire agreement between you and PGT and govern your use of the Service, superseding any prior agreements between you and PGT regarding the Service. Our service providers are bound by additional terms. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of Maryland without regard to its conflict of law provisions. The failure of PGT to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service 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 these Terms of Service 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 these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of PGT, but PGT may assign or transfer this Terms of Service, in whole or in part, without restriction.

The Section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying pop-up notices or links to notices generally on the Service.

Your Privacy At PGT, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal information as outlined therein.

Notice for California Users Under California Civil Code Section 1789.3, users of the Service from California 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 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 9525210.

Questions? Comments? Concerns? Suggestions?

Please contact us at info@pgt.email to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.