I. General Terms
This Agreement controls the respective rights of you and Select Greater Philadelphia (“Select”) in this web site. We reserve the right to revise this Agreement from time to time in our discretion. If we modify this Agreement, we will post the revised Agreement on the web site, and it will take effect immediately upon posting. We may attempt to notify you of such change to this Agreement through your email addresses registered with us. It is your responsibility to periodically review this Agreement as posted.
Use of any Select trademark, trade name, service mark, or other logo or mark is prohibited, unless expressly authorized in writing in advance by Select. All use of Select’s trademarks and the goodwill generated thereby shall be for the benefit of Select. Trademarks and service marks of third parties are the property of their owners.
Content and Copyright Issues
The information, pictures, graphics, publications, and other information and content (collectively, the “Content”) on this web site are for informational purposes only. No Content is intended to be relied upon for any trading or investing purposes.
This web site and the Content are Copyright © Select Greater Philadelphia. This web site is for personal and business use, and may not be copied, distributed, modified, or reproduced, in whole or in part, without the prior written permission of Select. Businesses are expressly permitted to use the Content for business purposes other than competing against this site.
Select is committed to complying with copyright and related laws, and expects all users of the web site to comply with such laws as well. If you believe that your work has been copied on our web site in a way that constitutes infringement under the U.S. Copyright Act, please provide the following information to Select (to ensure that your notification complies with the requirements of the Digital Millennium Copyright Act, please see 17 U.S.C. § 512(c)(3)):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the site (preferably pinpointed to the web page or URL of the material);
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 owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Select may be contacted for this purpose at:
Select Greater Philadelphia
Attn: Director, Interactive Marketing
200 South Broad Street
Philadelphia, PA 19102
By Phone: (215) 790-3759
By Fax: (215) 790-3720
By E-mail: [email protected]
Links to and from Third Party Web Sites
This web site may include links or references to other web sites maintained by third parties over whom Select has no control. Such links and references are provided merely as a convenience and shall not be construed to imply any particular relationship with such third parties. Similarly, this web site may be accessed from third party links over whom Select has no control. The third party providers of such web sites shall be solely responsible for the accuracy, currency, or completeness of any information contained in or on such web sites.
Third Party Information
This web site may contain information provided by third parties. The third party provider of the information shall be solely responsible for its accuracy, currency, and completeness of such information.
Our Commitment to Privacy
Information We Collect and How We Use It
On some of the pages on this web site, you may be able to submit queries, download information, or request services. The types of information we collect when you access the web site may include, without limitation, the following:
- Your Name
- Your Address
- Your Electronic Mail (“Email”) Address
- Your Phone/Fax Number
- IP Address
- Contents of Queries
Some of the information we collect via the web site is gathered and maintained through the use of “cookies” and other methods. A “cookie” is a small file that is saved on your computer and that contains information about you, such as your user name and password. As a result, we are able to (a) recognize you when you access the web site so that you do not have to re-enter your personal or other information each time you visit the web site, (b) customize and personalize the content we make available to you, (c) maintain the “state” of your current visit (e.g., to maintain a list of your most recent searches or the items in your “shopping basket”), and (d) alert you to new features.
In addition we may collect certain non-personal data in connection with the web site. For example, we may collect information on the browser that you use to access the web site, the operating system that you are running, what items you clicked on the applicable web page, how long you viewed a certain page, and information about the web site you accessed immediately before you accessed the web site. We may aggregate your non-personal data with the non-personal data of our other users or other non-personal data collected offline. We also collect and analyze general traffic patterns within our web site to help maintain the flow and content of the web site, and we may use some or all of this anonymous aggregated information to support our commercial activities or for any other reason.
We may from time to time send information and/or offers to the email address you provide to us. If you prefer not to receive such email, please follow the procedures set forth at the end of each such e-mail explaining how to have your email address “removed” from the applicable email list. Alternatively, you may contact us at [email protected] to “opt-out” of receiving such email.
Information From Children
Our web site is not intended for use by individuals under the age of 13. We do not knowingly solicit or collect information from any individuals under the age of 13.
Our Commitment to Data Security
To prevent unauthorized access to your personally identifiable information, maintain data accuracy, and ensure the correct use of such information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect. However, no safeguards or security procedures are 100% effective. We urge you to take all reasonable precautions to protect your personal data, which should include never sharing your username and password with anyone.
WHERE “HOW TO ACCESS OR CORRECT YOUR INFORMATION” SHOULD BE
You can access your personally identifiable information that we have collected online and that we still maintain by contacting us as described below in “How to Contact Us.” You can correct factual errors in your personally identifiable information by sending us a request that credibly shows that our records are incorrect, although we may refuse such requests in our sole discretion. To protect your privacy and security, we may also take steps to verify your identity before granting access to your personally identifiable information or permitting you to make corrections.
III. Terms of Service
These terms of service (this “Agreement”) are between Select Greater Philadelphia (“Select”) and you. By using this web site, you agree to the terms and conditions stated in this document.
Use of the Service
Subject to the terms of this Agreement, Select permits you to access and use selected portions of its web site (the “Services”) by accessing the Select web site, the home page of which is currently located at, or such other web sites as Select may authorize (the “Web Site”). Except for your limited right to access and use the Services and the web site, Select does not grant you any other right or license, by implication or otherwise, to use the Services (or any subsequent version of the Services), the web site, or any patent, copyright, or other intellectual property or proprietary rights owned by or licensed to Select.
Compliance with Select Policies
You agree not to use Services or the web site to (a) disseminate or transmit unsolicited communications, (b) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious, (c) disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any third party, (d) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication, (e) interfere, disrupt, or attempt to gain unauthorized access to other accounts on the Services or any other computer network, (f) disseminate or transmit viruses, Trojan horses, or any other malicious code or program, or (g) engage in any other activity deemed by Select to be an unacceptable or inappropriate use of the Services or the web site.
Third Party Components
You acknowledge and agree that use of the Services and the web site require third party equipment and software (collectively, the “Third Party Components”) that must be provided by you. The Third Party Components include, without limitation, the following: a computer(s), a connection to the internet, operating system software, and a web browser (the necessary version of any of the foregoing may be designated by Select from time to time). SELECT SHALL HAVE NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY WITH RESPECT TO THE THIRD PARTY COMPONENTS.
Select retains all right, title, and interest in and to the Services, the web site, and any software used by Select in providing the Services and the web site. Any rights not expressly granted to you herein are reserved by Select. You agree not to copy, distribute, rent, lease, loan, modify or create derivative works, adapt, translate, perform, display (except as necessary to exercise your rights hereunder), sublicense, or transfer the Services, the web site, or any software used by Select in providing the Services. Without limiting the generality of the foregoing, you agree not to offer or permit the Services or the web site to be used by any third parties nor to attempt to use the Services or the web site in a service bureau capacity. You agree not to reverse engineer, disassemble, or decompile the Services or any software used by Select in providing the Services and the web site. You acknowledge that the Services, the web site, and the software used by Select in providing the Services and the web site contain Select’s proprietary and confidential information. You agree to abide by and not remove, obscure, or modify any proprietary notices accessible through the use of the Services, the web site, or any software used by Select in providing the Services or the web site, or appearing on any reports or downloadable files generated through your use of the Services or the web site.
Term and Termination
The term of this Agreement shall commence when you first visit the web site and shall continue so long as Select continues to provide this web site and so long as you continue to visit this web site. Without limiting the generality of the foregoing, Select may immediately terminate this Agreement, or limit your access to the Services or the web site at any time and for any reason, or no reason at all.
You represent and warrant to Select that (a) you are at least 18 years of age, (b) you will comply with all terms and conditions of this Agreement, including, without limitation, all of the Policies, (c) all files, data, text, and other information you have provided or may provide to Select in connection with this Agreement is and shall be, to the best of your knowledge, complete and accurate, (d) you own, or are otherwise lawfully authorized to use, any files, data, text, or other information that you may transmit to or through the Services or the web site, and (e) that any use of the files, data, text, or other information supplied by you does not violate these legal notices and will not cause injury to any person or entity.
The services and the web site are provided on an “as is,” “with all faults” basis. The entire risk as to satisfactory quality and performance is with you. Select disclaims all warranties of any kind, express or implied, including, without limitation, warranties of merchantability, title, non-infringement, fitness for particular purpose, accuracy or fitness of results, non-interference with your enjoyment of the services or the web site or otherwise. You acknowledge and agree that the descriptions of the service and the web site provided by Select, whether through the website or otherwise, are not a part of this agreement.
Limitation of Liability
In no event shall Select of its directors, officers, employees, agents, predecessors, successors, parents, subsidiaries, assigns, or affiliates be liable for any indirect, incidental, special, consequential, or exemplary damages (including damages for loss of business profits, business interruption, loss of data, or business information and the like), whether in an action based in contract, tort or otherwise, arising out of or in connection with the use or performance of the services or the web site. In no event shall Select’s total liability to you under this agreement exceed $100. The foregoing limitations of liability reflect a deliberate and bargained for allocation of risks between Select and you.
You shall not assign this Agreement or any of your rights or obligations hereunder and any purported assignment of this Agreement by you in contravention of the foregoing shall be null and void. Select may assign this Agreement without consent. Select shall not be liable for any failure or delay in its performance under the Agreement (including, without limitation, provision of the Services) due to any cause beyond its reasonable control, including acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental acts, acts of third parties, failures of third party software or equipment, power or electrical failures, internet protocol packet loss or misrouting, and any internet connectivity failures. This Agreement is governed by the law of the Commonwealth of Pennsylvania, without regard to its conflict of laws principles. If any provision of this Agreement is held by a tribunal of competent jurisdiction to be illegal, invalid, or otherwise unenforceable in any jurisdiction, then to the fullest extent permitted by law (a) the same shall not affect the other provisions of this Agreement, (b) such provision shall be deemed modified to the extent necessary in the tribunal’s opinion to render such provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest extent the intent of the parties as set forth herein, and (c) such finding of invalidity, illegality, or unenforceability shall not affect the validity, legality, or enforceability of such provision in any other jurisdiction. Failure by Select to act with respect to a breach by you or others does not waive the right of Select to act with respect to subsequent or similar breaches. No waiver of any term of this Agreement will be valid unless in writing and acknowledged in writing by the party against whom enforcement is sought. We reserve the right to revise this Agreement from time to time in our discretion. If we modify this Agreement, we will post the revised Agreement on the web site, and it will take effect immediately upon posting. We may attempt to notify you of such change to this Agreement through your email addresses registered with us. It is your responsibility to periodically review this Agreement as posted. This Agreement contains the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous representations, discussions, negotiations, letters, proposals, agreements, and understandings between the parties with respect to the subject matter hereof, whether written or oral.
If you have not already done so, you should print or save a copy of this Agreement for your future reference.