PIP METRO INDY TERMS & CONDITIONS
PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR ACCEPTANCE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND, PROMPTLY EXIT THIS SITE.
Welcome to the PIP Metro Indy website available at www.pipmetroindy.com. In these Terms and Conditions, You are referred to as “You” “Your(s)” “Yourself” or “User.”
1. SITE CONTENT AND PURPOSE
This Site is for marketing purposes only and provided for the use of consumers to interact with PIP Metro Indy and may not be used by You, or any other person or entity, for any other purpose. This Site should not be considered or relied on by You as a statement or claim by PIP Metro Indy, implied or otherwise, of a representation, guaranty or warranty of the availability or quality of any product(s) or service(s).
You may choose to submit your information on www.pipmetroindy.com to Request-A-Quote or Send-A-File to a PIP Center. Such information may include your name, address, company, email, telephone number and files that you upload or otherwise submit to the Site (“Materials”). PIP Metro Indy does not supervise the uploading of any User-provided Materials to this site, although we reserve the right to do so. You agree, represent and warrant that in using the Services, You will not upload, submit or otherwise transmit to PIP Metro Indy any Materials that violate any applicable Federal, state or local laws, including, but not limited, to the following:
- Materials that are unlawful, threatening, abusive, defamatory, obscene or which invade another person’s privacy or further the commission or concealment of a crime.
- Materials that contain protected data, specifically, sensitive personally identifiable information (PII) that could result in harm to individuals if their privacy is breached. This includes, but is not limited to, credit card information, financial data, social security numbers, passport or medical information. THE DATA RELAYED TO PIP METRO INDY IS NOT ENCRYPTED.
- Materials that are not lawfully Yours to transmit.
- Materials that are the subject of, or which infringe upon, any patent, trademark, trade name, trade secret, copyright, right of publicity, moral right or other intellectual property right of another person or entity.
- Materials containing software viruses or other harmful computer code, or Materials that in any way interfere with or disrupt the Services or any servers or networks connected to or used with the Services.
PIP Metro Indy does not claim any ownership in any Materials that You upload to the Site. PIP Metro Indy retains their rights in and to the content that is present on the site or Materials that may be created and/or supplied by or for PIP Metro Indy.
You also warrant and confirm that You own the copyright or have permission to copy any documents or Materials You submit online for printing or processing, and agree to defend, indemnify and hold PIP Metro Indy, their parents, subsidiary companies and their respective officers, directors, agents and employees, harmless from any suit, demand, or claim arising out of any breach of this warranty and agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim, and to pay any attorney fees incurred by PIP Metro Indy in defending against such suit, demand or claim.
3. NO UNLAWFUL OR PROHIBITED PURPOSE
As a condition of Your use of this Site, You warrant to PIP Metro Indy that You will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
4. LINKS TO SITES
This Site may contain links to sites that are owned, operated and maintained by third parties which are provided as a convenience to You. These linked sites are not under the control of PIP Metro Indy and PIP Metro Indy is not responsible for the accuracy of the content on such sites or the privacy practices of such sites. PIP Metro Indy does not monitor nor review the content of such sites, and You expressly understand that Your access by link to such sites is at Your own risk. PIP Metro Indy makes no representations whatsoever about any other website that You may access though this Site. When You access a non-PIP Metro Indy website, please understand that it is independent of PIP Metro Indy and that PIP Metro Indy has no control over the content on that Website. In addition, a hyperlink to a non-PIP Metro Indy website does not mean that PIP Metro Indy endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to You to take precautions to ensure that whatever You select for Your use or download is free of such items as viruses, worms, trojan horses, ransomware and other items of a destructive nature.
Certain functionality provided via this Site may be covered by U.S. Patent 5,930,474. Under License.
From time-to-time PIP, Inc. may request information from the users of the Site via surveys or contests. Participation in these surveys or contests is completely voluntary, and the users of the Site have a choice whether to disclose this information. Information requested may include contact information (such as your name, email, telephone number and address), and demographic information (such as ZIP Code, age, etc.). We use such information to notify contest winners, award prizes, and for analyzing the Site traffic to improve the user’s experience on the Site.
All service marks, trademarks, trade name, trade dress and other indicia of source used herein and otherwise by PIP Metro Indy (collectively called the “Marks”) are proprietary to PIP Metro Indy or other respective owners that have granted PIP Metro Indy the right and license to use such Marks. Users do not receive any trademark rights or any other rights in or to the Marks. Users do not receive any trademark rights in or to the Content.
8. LIMITATIONS AND DISCLAIMERS
Although PIP Metro Indy attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform PIP Metro Indy so that it can be corrected.
THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED ON THE PIP METRO INDY WEBSITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. USE OF THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS ON THIS SITE IS AT THE USER’S SOLE RISK. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PIP METRO INDY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, PIP METRO INDY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, CONTENT, PRODUCTS OR MATERIALS ACCESSIBLE VIA THIS SITE ARE ACCURATE, COMPLETE OR CURRENT, OR WILL MEET ANY USER’S REQUIREMENTS OR WILL BE TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE.
NEITHER PIP METRO INDY, NOR ITS PARENT OR ANY OF ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS OR SERVICE PROVIDERS IN ANY EVENT WILL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, SPECIAL CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES UNDER ANY THEORY OF LAW (I) ARISING OUT OF USER’S USE OF THIS WEBSITE IN ANY MANNER; (II) FOR ANY ERRORS IN THE INFORMATION, CONTENT, SERVICES, PRODUCTS OR MATERIALS ON THIS SITE; (III) FOR THE PROVISION OR USE OF ANY INFORMATION, CONTENT, SERVICES, PRODUCTS OR MATERIALS VIA THIS WEBSITE; (IV) FOR ANY NONDELIVERY, MISDELIVERY, LATE DELIVERY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA OR USER-PROVIDED MATERIALS, EVEN IF YOU HAVE ADVISED PIP METRO INDY OF THE POSSIBILITY OF SUCH DAMAGES.
ANY CLAIM SHOULD BE RESOLVED BY CONTACTING PIP METRO INDY. PERFORMANCE BY A FRANCHISED PIP CENTER LOCATION WILL NOT CAUSE PIP METRO INDY, TO BE DEEMED YOUR, THE PIP FRANCHISED LOCATION, OR ANYONE’S, AGENT FOR ANY PURPOSE.
You agree to indemnify, defend and hold PIP Metro Indy, its officers, directors, employees, owners, agents, affiliates, subsidiaries, suppliers, and representatives harmless from and against any and all claims, damages, losses, costs, and expenses (including but not limited to attorneys’ fees) that arise directly or indirectly from; (a) Your breach of any provision of these Terms & Conditions; (b) any allegation that any Materials You provided constitute Infringing Materials; or (c) transmission of sensitive PII; or (d) any of Your activities conducted in connection with this Site.
10. CONFIDENTIAL AND PROPRIETARY INFORMATION
PIP Metro Indy does not want to receive confidential or proprietary information from You through the Site. Please note that any information or Materials sent to PIP Metro Indy, through the Site will be deemed NOT to be confidential. By sending PIP Metro Indy any information or Materials, You grant PIP Metro Indy an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those Materials or information, and You also agree that PIP Metro Indy is free to use any ideas, concepts, know-how, or techniques that You send us for any purpose.
11. SITE UPDATES
PIP Metro Indy reserves the right to make modifications, alterations or updates to this Site and these Terms & Conditions at any time and without notice to Users. You accept the affirmative obligation to periodically review whether or not these Terms and Conditions have changed, and Your continued use of this Site shall be deemed an acceptance and agreement to be bound by such modifications, alterations or updates.
12. APPLICABLE LAW & DISPUTE RESOLUTION
These Terms and Conditions are governed by the laws of the State of Indiana, without giving effect to any principles or conflicts of law. You hereby agree that any dispute concerning these Terms & Conditions or other uses of this Site shall be submitted to and determined in binding arbitration under the Rules for Commercial Arbitration of the American Arbitration Association. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. 1 et seq.
The arbitration shall be conducted by a single neutral arbitrator. The decision rendered by the arbitrator shall be final and binding upon the parties and may be entered as a judgment in, and enforced by, any court of competent jurisdiction. In any action regarding these Terms and Conditions, the prevailing party will be entitled to reasonable costs and attorney’s fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. These Terms and Conditions are not governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded.
13. NO RELATIONSHIP
The use of this Site creates no relationship, contractual or otherwise, between You and PIP Metro Indy, or any other entity, supplier or service provider.