TERMS OF SERVICE and PRIVACY POLICY

About Us

This Site is owned and operated by PiggieBak Inc. (“PiggieBak”), a Delaware corporation. PiggieBak is an online marketing platform (the “Services”) for business.. The Services enable members to, among other things co-market together by promoting each others business across email, social media and websites without sharing any members confidential email subscriber or social follower lists. Members will use PiggieBak as a third party service provider while using services of the individual member email and social marketing platform of choice. PiggieBak does not at any time access or have access to, member email subscriber or social follower lists.

Key Terms

“Member” “you’” “yours” means any and all persons or entities that is registered to use the services of PiggieBak. “A Marketing Member” means a member who is providing their business communication or marketing information to be combined with content from another member, “Co--Marketing Member.” “Co-Marketing Member” means a member who is providing content and agrees to accept the communication or information provided by a Marketing Member to be combined with their content. “We,” “us,” “our,” means PiggieBak, Inc.

1. Privacy Policy for Members

Collection of Information

We may collect personal data or personally identifiable information (collectively, “Personal Data”) from you in a variety of ways, including, but not limited to, when you visit our Site, register on the Site, become a Member, place an order or chat with a member, subscribe to the newsletter, fill out a form, and in connection with other activities, services, features, or resources we make available on our Site. You may be asked for, as appropriate, name, email address, mailing address, phone number, and/or credit card information. All of this information is considered “Personal Data.” We will collect Personal Data from you only if you voluntarily submit such information to us. You can always refuse to supply Personal Data, except that it may prevent you from engaging in certain Site-related activities. You may also request that we delete your Personal Data, which may result in your inability to continue to engage in certain Site-related activities.

We also automatically capture some information about your device, such as your IP address, and information related to your visit to our Site, such as the time-stamp, the page(s) or service(s) you viewed, and your log-in (as applicable) and use of Services. Our employees and business partners are committed to confidentiality. We process and use your data only within our company, its parent company, its subsidiaries and divisions.. From time to time we obtain information about you from third party sources such as social media, publicly available sources, marketing partners or other members with whom you conduct transactions. We take steps that these third parties are legally or contractually permitted to disclose such information to us.

The Site may use “cookies” to enhance your experience. Your web browser places cookies on your hard drive for record-keeping purposes and sometimes to provide us information about you to enhance your experience. The Site may use “cookies” and tracking technologies to collect personal information about you, including to serve advertising according to your interests..When you use our mobile apps, we may collect device and usage information in addition to information described herein. You may choose to set your web browser to refuse cookies or to alert you when cookies are being sent. If you do so, note that some parts of the Site may not function properly.

We collect and use Personal Data for the following purposes:

  • To personalize user experienceWe may use information in the aggregate to understand how our users as a group use the Services and resources provided on our Site. We may also use your specific Personal Data to remember you when you log in again, so that you do not need to re-authenticate yourself, to let you browse between products and pages more easily, to remember if you completed a transaction before you decide to checkout or leave the Site, and to ensure that your Personal Data is processed securely.
  • To improve our SiteWe continually strive to improve our Site, based on the information and feedback we receive from you, to manage our Site and security, improve navigation and identify server problems or other network issues.
  • To improve customer serviceYour information helps us to respond more effectively to your customer service requests and support needs.
  • To process PiggieBak TransactionsWe may use the information users provide about themselves when conducting transactions on the Site only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service
  • To administer a content, promotion, survey or other Site featureTo send users information they agreed to receive about topics we think will be of interest to them.
  • To send periodic emailsThe email address you provide will only be used to send you information and updates pertaining to your order. It may also be used to respond to your inquiries and/or other requests or questions. If you decide to opt-in to our mailing list, you will receive emails that may include company news, updates, related product or service information, etc. If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email, or you may contact us via our Site.

We may receive information about you from: Other Members; an association or marketing organization or group to which you are a party may provide your information if the association, group or organization applies to use our services as a single member and has your permission to release such information; if a Member is sending you an invitation or communication by email, text or chat using our services;; if you choose to participate in a contest, survey, sweepstakes or other promotions offered through our Site or social media properties.

We may share and disclose Personal Information:

(I) To our service providers who provide business related functions to help better support our Service. Such third party service providers will be contractually obligated to use such information only for the provision of services to us which must be consistent with this privacy policy.

(II) Advertising partners: We may share Personal Information of our Members with third party advertising exchanges or networks to manage our advertising on other sites or to display advertising on our Site. These third parties may use cookies and other tracking technology to gather data on your activity on our Site or other sites to provide you with targeted advertising.

(III) Federal, state or local law enforcement, government agency, court or other third party where disclosure is necessary to (a) to exercise of defend our legal rights,, (b) to protect your interests, or (c) as a matter of law or applicable regulation.

(IV) In the event of a acquisition, merger, sale, consolidation, or liquidation to a potential buyer, its agents, advisors or assigns.

Security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online and process against loss, misuse, disclosure, alteration, unauthorized access and destruction. However, no security system is perfect, and we cannot guarantee that personal information you provide to us over the Internet will remain private. We also cannot guarantee that information you transmit to us over the Internet will not be intercepted. Members must keep their username and password secure and never disclose it to a third party. We do not record member passwords and can only provide members with instructions to reset them. If you have provided us with Personal Data, you always have the right to ask us to let you know what Personal Data of yours we have in our possession and/or to delete your personal data by contacting us. Please use the contact form on our website or by emailing us at mypersonaldata@piggiebak.com This privacy policy applies to all websites that we account for. The Site may include links to websites of other companies and organizations. This privacy policy does not extend to those websites. We will store your specific Personal Data until you ask us to delete it or until you delete your membership or account with us or until we have not received any new orders, or contact from you for a period of one (1) year.

About Children

The Site is not intended for use by anyone under the age of 13 without the prior consent and ongoing supervision of a parent or guardian. By using the Site, you represent and warrant to us that you meet the foregoing age requirement. We will not knowingly collect personally identifiable information via the Site from visitors or Members under the age of 13 and will take prompt steps to delete any such personally identifiable information if notified that any has been inadvertently collected.

Electronic Communications

When you use the Site or send emails, you are communicating with us electronically.You consent to receive communications from us electronically. We will communicate with you by e-mail, or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In addition, if you provide your cell phone or smartphone number to us, you agree that we may communicate with you via text messages and that standard rates may apply, depending on your plan with your carrier and your usage. If, at any time, you wish to opt out of receiving text message from us or our affiliates, reply STOP.

Data Security

We use data security systems and procedures to protect the privacy of information that you provide to us, and we will use commercially reasonable efforts to keep confidential the information associated with your account. However, no security system is perfect, and we cannot and do not guarantee that information you provide to us will remain private. We also cannot guarantee that information you transmit to us over the Internet will not be intercepted. Additionally, we may be required to provide personal and other information that you submit to us in response to a subpoena or other legal process.

Our website includes API connections to third party service providers for email distribution, and to social networks selected by Members. Any information or communications you exchange while using our services is done at your sole risk without any expectation of privacy. We are not responsible for the actions of other users or third party service providers with which you choose to interact. Your interaction with third party websites or service providers is governed by the privacy policy of those companies.

Personal Data Protection Rights

You have the right to access, change, update or delete your Personal Information by emailing us at mypersonaldata@piggiebak.com

2. Privacy Policy for Visitors

Key Terms

“We,” “us,” “our,” means PiggieBak, Inc.“You and “your” means Visitors.

Collection of Information

We may collect Personal Data or personally identifiable information (collectively, “Personal Data”) from you in a variety of ways, including, but not limited to, when you visit our Site, register on the Site, subscribe to the newsletter, fill out a form, and in connection with other activities, services, features, or resources we make available on our Site. We will collect Personal Data from you only if you voluntarily submit such information to us. You can always refuse to supply Personal Data.

We automatically capture some information about your device, such as your IP address, and information related to your visit to our Site, such as the time-stamp, the page(s) or service(s) you viewed, and your log-in (as applicable). From time to time we obtain information about you from third party sources such as social media, publicly available sources or third party partners. We take steps that these third parties are legally or contractually permitted to disclose such information to us.

The Site may use “cookies” and tracking technologies to collect personal information about you, including to serve advertising according to your interests.. When you use our mobile apps, we may collect device and usage information in addition to information described herein. You may choose to set your web browser to refuse cookies or to alert you when cookies are being sent.

We collects and use Personal Data for the following purposes:

  • To personalize user experienceWe may use information in the aggregate to understand how our visitors as a group use our Site and to compile statistics.
  • To improve our SiteWe continually strive to improve our website based on the information and feedback we receive from you, to manage our website and security, improve navigation and identify server problems or other network issues.
  • To administer a content, promotion, survey or other Site featureTo send users information they agreed to receive about topics we think will be of interest to you according to your preferences

We may share and disclose Personal Information:

(I) To our service providers who provide business related functions to help better support our service. Such third party service providers will be contractually obligated to use such information only for the provision of services to us which must be consistent with this privacy policy.

(II) Advertising partners: We may share personal information of with third party advertising exchanges or networks to manage our advertising on other sites or to display advertising on our website. These third parties may use cookies and other tracking technology to gather data on your activity on our website or other sites to provide you with targeted advertising.

(III) Federal, state or local law enforcement, government agency, court or other third party where disclosure is necessary to (a) to exercise of defend our legal rights,, (b) to protect your interests, or (c) as a matter of law or applicable regulation.

(IV) In the event of a acquisition, merger, sale, consolidation, or liquidation to a potential buyer, its agents, advisors or assigns.

Our Site includes links to other websites. If you submit Personal Information to any of those sites your information is governed by the privacy policy of those sites.

Data Security

We use data security systems and procedures to protect the privacy of information that you provide to us and we will use commercially reasonable efforts to keep confidential the information. However, no security system is perfect, and we cannot and do not guarantee that information you provide to us will remain private. We also cannot guarantee that information you transmit to us over the Internet will not be intercepted. Additionally, we may be required to provide personal and other information that you submit to us in response to a subpoena or other legal process.

Personal Data Protection Rights

You have the right to access, change, update or delete your Personal Information by emailing us at mypersonaldata@piggiebak.com

Period for Data Retention

We will store your specific Personal Data until you ask us to delete it or until we have not received any contact from you for a period of one (1) year.

3. Terms of Service for Members

Your Account

If you set up an account on the Site or access the Site through the “Member Portal,” you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content in its sole discretion.

You are solely responsible for all:

(I) When using our Services as a Marketing Member, , the selection of a third party business, individual or other entity ( Co-Marketing Member ) with which you choose to co-market with using the Site and/or as;

(II) When using our Service as a Co-Marketing Member in the selection of a third party business, individual or other entity who is a Marketing Member with whom you agree to allow approved marketing material to be distributed by your email, mobile, social media providers or web properties.

(III) All ad content and ad URLs ("Creative"), whether generated by or for you; and (d) web sites reachable from Creative URLs and (e) your services and products (collectively "your services " ).

(IV) You shall protect your passwords and take full responsibility for your own, and third party, use of your accounts.

(V) As a Marketing Member or Co-Marketing Member you shall not, nor shall you authorize any party to: (a) generate automated, fraudulent or otherwise invalid impressions or clicks; or (b) advertise or provide content for anything illegal or engage in any illegal or fraudulent business practice in any state or country where your marketing material or content is displayed. You represent and warrant that all your information is correct and current; and such Use and websites linked from your ads or marketing material (including services or products therein) will not violate or encourage violation of any applicable laws. Violation of these policies may result in immediate termination of this Agreement or your account without notice and may subject you to legal penalties and consequences.

We may reject or remove any marketing material or content for any or no reason which will result in the cancellation of an order and refund of related charges.. As a Marketing Member or Co-Marketing Member you may independently cancel, using the Site, any joint co-marketing campaign at any time. Cancellation and any refund applies to both parties We may cancel or modify immediately any of these Terms at any time with notice (additional notice is not required to cancel a reactivated account). We may modify the Program or these Terms at any time without liability and your use of the Program after notice that Terms have changed indicates acceptance of the Terms.

Intellectual Property

You understand that PiggieBak and the processes, code and program within this Site are protected by patents, copyrights, trademarks and other proprietary rights owned exclusively by us. Unless you have entered into an express written contract with us to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use the information on this Site in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, publish or recreate in any way any portions of the content of this Site. By viewing the contents of this Site you agree to this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, these Terms grant you no rights whatsoever to use the content of this Site, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the Site may contain, for any reason or for any use whatsoever. You warrant that you understand that accepting this provision is a condition of viewing and that viewing constitutes acceptance.

PiggieBak owns the Site and owns or has the right to use all of the content on the Site, including all text, images, graphics, photographs, video clips, audio clips, designs, icons, wallpaper, characters, artwork, sounds, information, software, data, and other materials, and all HTML design, layouts, configurations, CGI, and other code and scripts in any format used to implement the Site (the “Content”), all of which are protected by United States and international copyright, trademarks, patents, trade secrets, and other intellectual property or proprietary rights laws.

Absent our express written permission as to particular Content on the Site, you may use the Content only for informational purposes, and you may, subject to any stated restrictions or limitations, print a single copy of a limited amount of Content solely for informational purposes, if the copy bears all copyright and other intellectual property and proprietary notices displayed on the web page. Except as expressly authorized by these Terms, you may not distribute, publish, download, transmit, modify, create derivative works from, or in any way exploit, any of the Content, in whole or in part, without our prior written consent, provided that (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, (b) you may store files that are automatically cached by your Web browser for display enhancement purposes, and (c) if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own use, provided you agree to be bound by any end user license agreement that we provide for such applications. Additionally, framing pages or parts of pages on the Site and deep linking to pages in the Site are prohibited.

We or our affiliates own or license all trademarks, service marks, and trademark names on the Site, including (but not necessarily limited to) “PiggieBak,” You may not use any of these marks in any manner without our prior express written permission.

Except as expressly provided above, PiggieBak is not granting you a license under any copyright, trademark, service mark, patent, or other intellectual property or proprietary right in any Content, and nothing in these Terms will be interpreted as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright, or other proprietary, intellectual, or other right of PiggieBak or any third party. You obtain no rights in the products, services, equipment, processes, or technology described on this Site by accessing or using the Site. PiggieBak and any third party owners retain all of those rights.

Use of Information from this Site

You understand that the software, code and processes within this site are protected by patent, copyright, trademarks and other proprietary rights owned exclusively by us. Unless you have entered into an express written contract with us to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use the information on this Site in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, publish or recreate in any way any portions of the content of this Site. By viewing the contents of this Site you agree to this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, these Terms grant you no rights whatsoever to use the content of this Site, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the Site may contain, for any reason or for any use whatsoever. You warrant that you understand that accepting this provision is a condition of viewing and that viewing constitutes acceptance.

We or our affiliates own or license all trademarks, service marks, and trade names on the Site, including (but not necessarily limited to) “PiggieBak,” You may not use any of these marks in any manner without our prior express written permission.

Except as expressly provided above, we are not granting you a license under any copyright, trademark, service mark, patent, or other intellectual property or proprietary right in any Content, and nothing in these Terms will be interpreted as conferring by implication, estoppel, or otherwise any license or right under any patent,trademark, copyright, or other proprietary, intellectual, or other right of PiggieBak or any third party. You obtain no rights in the products, services, equipment, processes, or technology described on this Site by accessing or using the Site. PiggieBak and any third party owners retain all of those rights. Prohibited Actions

You may use the Site only for lawful purposes in accordance with these Terms. You agree not to use the Site: (a) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S.A. or other countries); (b) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (c) to send, knowingly receive, upload, download, use, or re-use any material which does not comply with the section of these Terms titled “Intellectual Property”; (d) to impersonate or attempt to impersonate PiggieBak, a PiggieBak employee, another user, or any other person or entity (including, without limitation, by using email addresses or social networks associated with any of the foregoing); (e) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability, or (g) to interfere with the proper working of the Site.

As a condition of allowing you access to this Site, you agree to these Terms of Service and Privacy Policy (collectively, the “Terms”). By viewing, visiting, using, or interacting with this Site, or with any banner, pop-up, or advertising that appears on this Site, you agree to all the provisions of the Terms contained herein.

We may modify these Terms at any time. Those modified Terms will become effective immediately after we post them on the Site. You agree to review the Terms posted on the Site each time you access or use the Site so that you are aware of any modifications made to these Terms. If you do not agree to the modified Terms, you are not authorized to access or use the Site. Your failure to comply with these Terms as they may be modified from time to time will constitute breach of contract and may violate PiggieBak’s copyright, PiggieBak’s trademark, and other proprietary and intellectual property rights. We reserve the right to deny access to any person or viewer for any reason.

Modification of the Site

We reserve the right to modify, suspend, and/or discontinue (temporarily or permanently) the Site or any part of the Site from time to time, for any or no reason and without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site. We may change the information and materials on the Site from time to time at our discretion.

References to Other Companies/Links to Other Websites

When using our services, references on to names, marks, products, or services of third parties or hypertext links to third-party email, websites, social media messages or video provided by users as a Marketing Member or Co-Marketing Member does not constitute or imply our endorsement, sponsorship, or recommendation of Member products, services, or websites. We doe not monitor or control the content of any website linked to, from or created using the Site, and we are not responsible for the content of user emails, websites, social media messages or videos or the terms of use or privacy practices of those sites or third party service provider.

Hyperlinking to Site, Co-Branding, “Framing,” Referencing the Site, and Social Media

You may link to the homepage of this Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. Unless expressly authorized by us, other than as set out in the preceding sentence, no one may hyperlink to this Site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to their website for any reason. Further, you are not allowed to reference the url (website address) of this website in any commercial media without express permission, nor are you allowed to “frame” the Site. You specifically agree to cooperate with us to remove or de-activate any such activities and be liable for all damages.

The Site may provide certain features that enable you to: (a) link from us to your own or certain third-party websites, social media sites, email service providers, mobile messaging service providers, video service providers; (b) send emails, social media, video, SMS text or other communications with certain content, or links to certain content, using the Site; or (c) cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites, emails or social media properties. We reserve the right to withdraw linking permission without notice. We may disable all or any social media, email or web features and any links at any time without notice in our discretion.

Disclaimer for User Generated Content and Marketing

We disclaim all responsibility and liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability, and availability of information and material provided by users in the transaction of co-marketing by Co-Marketing Members and Marketing Members and/or by their selected third party email providers, social media providers or SMS Mobile service providers, who supply additional services. We disclaim any responsibility for the deletion, failure to store, failure to update, misdelivery, or untimely delivery of any information or material provided by users in a co-marketing arrangement. We cannot and do not warrant or guarantee against errors, omissions, delays, interruptions, or losses, including loss of data. Visitors and Users assume all risk of viewing, reading, using, or relying upon the information provided by users on the Site.

Disclaimer for Contents of Site

We disclaim all responsibility and liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability, and availability of information and material contained on the Site. The Site may contain inaccuracies or typographical errors. We disclaim any responsibility for the deletion, failure to store, failure to update, misdelivery, or untimely delivery of any information or material on the Site. We doe not warrant or guarantee that the Site will be error-free or virus-free or that access to the Site will be uninterrupted. We cannot and do not warrant or guarantee against errors, omissions, delays, interruptions, or losses, including loss of data. Visitors and Users assume all risk of viewing, reading, using, or relying upon the information contained on the Site.

THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. PIGGIEBAK DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTY OF QUALITY, FUNCTIONALITY, ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OPERABILITY, USE, PERFORMANCE, OR ABSENCE OF VIRUSES.

IF YOU DOWNLOAD OR OTHERWISE OBTAIN ANY MATERIAL FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING ANY DAMAGES TO YOUR COMPUTING SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING THAT MATERIAL. YOU ASSUME ALL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SITE. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The website assumes no responsibility for damage to computers or software of the Visitor, Member or User or any person the Visitor, Member or User subsequently communicates with from corrupting code or data that is inadvertently passed to the Visitor’s, member’s or User’s computer. Again, Visitor, Members and User views and/or interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.

Limitation of Liability

IN NO EVENT WILL PIGGIEBAK, ITS AFFILIATES, ITS DATA PROVIDERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING, OR MANAGING THE CONTENT OF THIS SITE (COLLECTIVELY, THE “SITE PROVIDERS”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS WHATSOEVER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST REVENUES, LOST PROFITS, LOST OPPORTUNITIES, AND LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR ACCESS OR USE OF THE SITE, (B) ANY COMMUNICATIONS SENT TO YOU VIA THE SITE OR OTHERWISE FROM PIGGIEBAK, OR ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH INFORMATION, (C) THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM SITE PROVIDERS, (D) THE TRANSMISSON OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM MEMBER THRID PARTY SERVICE PROVIDERS OR (E) INCONVENIENCE, DELAY, OR LOSS OF USE OF THE SITE OR ANY SERVICE, EVEN IF SOME OR ALL OF THE SITE PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE SITE PROVIDERS ASSUME NO LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY ACCESS OR USE OF ANY INFORMATION, IDEA, OR INSTRUCTION IN THE CONTENT.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

By viewing, using, or interacting in any manner with this Site, including banners, advertising, or pop-ups, downloads, use of API and other means of connecting to or linking with other service providers such as email, mobile, social media or websites owned or not owned, as a condition of allowing your lawful viewing of the Site, you forever waive all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.

Indemnification

You agree to defend, indemnify and hold harmless PiggieBak, its affiliates, licensors, Site Providers, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to (a) your use of the Site, (b) user content you submit, post to, or transmit through the Site, (c) your violation of any rights of any other company or person in connection with this Site, or (d) your violation of these Terms.

Notice

No additional notice of any kind for any reason is due you, and you expressly warrant an understanding that the right to notice is waived as a condition for permission to view or interact with the Site.

Disputes

These Terms will be governed by the laws of the State of New Jersey, excluding its conflicts of law provisions. All actions and proceedings relating to the Site or the Content will be commenced and heard exclusively in Passaic County, New Jersey and jurisdiction shall be vested in the New Jersey state courts in and for Passaic County, New Jersey, or the United States District Court of New Jersey, as the case may be. You agree not to contest the venue set forth herein and not to contest the exercise of personal jurisdiction over you by any of the foregoing courts. You hereby waive all rights concerning the exercise of personal jurisdiction over you by the foregoing courts. In no case shall the viewer, visitor, member, subscriber, or customer have the right to a jury trial, and you expressly waive any right to jury trial with respect to the Site or the Terms.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Severability and Waiver

The invalidity of any term, condition, or provision of these Terms will not affect the enforceability of the remaining portions of these Terms. PiggieBak’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.