and telephone number.
<br /> Violation of any of these representations is cause for PCG to suspend and/or terminate User's access to the System immediately and without notice.
<br /> 4. Acceptable Use.User is solely responsible for any and all acts and omissions that occur under User's account or password and User agrees not to engage in
<br /> unacceptable use of the Services,which includes,without limitation,use of the Service to:
<br /> A. Violate any law or regulation,or to facilitate the violation of any law or regulation;
<br /> B. Disseminate,store,or transmit unsolicited messages,chain letters,or unsolicited commercial email;
<br /> C. Disseminate 6r transmit material that,to a reasonable person may be abusive,obscene,pornographic,defamatory,harassing,grossly offensive,vulgar,
<br /> threatening,or abusive;
<br /> D. Disseminate,store,or transmit files,graphics,software,or other material that actually or potentially infringes the copyright,trademark,patent,trade secret,
<br /> or other intellectual property right of any person;
<br /> E. Create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication;
<br /> F. Export,re-export,or permit downloading of any message or content in violation of any export or import law,regulation,or restriction of the United States
<br /> and its agencies or authorities,or without all required approvals,licenses,or exemptions;
<br /> G. Interfere,disrupt,or attempt to gain unauthorized access to other accounts on the Service or any other computer network;
<br /> H. Disseminate,store,or transmit viruses,Trojan horses,or any other malicious code or program;or
<br /> I. Engage in any other activity deemed by PCG to be in conflict with the spirit or intent of this Agreement.
<br /> Violation of any of these provisions is cause for PCG to suspend and/or terminate User's access to the System immediately and without notice.
<br /> 5. Termination.This Agreement is effective upon User's acceptance as set forth herein and shall continue in full force until terminated.User may terminate this
<br /> Agreement for any reason upon thirty(30)days'prior notice to PCG.PCG reserves the right,in its sole direction and without prior notice,at any time and for
<br /> any reason to:
<br /> A. Remove or disable access to all or any portion of the Service;
<br /> B. Suspend User's access to or use of all or any portion of the Service;and
<br /> C. Terminate this Agreement.
<br /> 6. Disclaimer of Warranties.THE SERVICE IS PROVIDED"AS IS"WITHOUT WARRANTY OF ANY KIND,EXPRESS OR IMPLIED.USE OF THE
<br /> SERVICE IS AT USER'S SOLE RISK.PCG DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE,NOR
<br /> DOES PCG MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE.USER ACKNOWLEDGES
<br /> THAT PCG DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILTIIES,INCLUDING,BUT NOT LIMITED,TO
<br /> THE INTERNET,AND THAT SERVICES MAY BE SUBJECT TO LIMITATIONS,DELAYS,AND OTHER PROBLEMS INHERENT IN THE USE OF
<br /> SUCH COMMUNICATIONS FACILITIES.PCG MAKES NO OTHER WARRANTIES,EXPRESS OR IMPLIED,INCLUDING,WITHOUT
<br /> LIMITATION,ANY IMPLIED WARRANTIES OF MERCHANTABILTITY,FITNESS FOR A PARTICULAR PURPOSE,OR IMPLIED WARANTIES
<br /> ARISING FROM A COURSE OF DEALING OR COURSE OR PERFORMANCE,IN RELATION TO THE SERVICE.
<br /> 7. Limitation of Liability.UNDER NO CIRCUMSTANCES SHALL PCG BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT,
<br /> INCIDENTAL,CONSEQUENTIAL,SPECIAL,OR PUNITIVE DAMAGES OF ANY KIND,INCLUDING LOST PROFITS,REGARDLESS OF THE
<br /> FORM OF ACTION,WHETHER IN CONTRACT,TORT(INCLUDING NEGLIGENCE),STRICT LIABILITY,OR OTHERWISE,EVEN IF PCG
<br /> HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES,FOR ANY MAI IBR ARISING FROM OR RELATING TO THIS
<br /> AGREEMENT,THE SERVICE,OR THE INTERNET GENERALLY,INCLUDING,WITHOUT LIMITATION,USER'S USE OR INABILITY TO USE
<br /> THIS SERVICE,ANY CHANGES TO OR INACCESSABILITY OF THE SERVICE,DELAY,FAILURE,UNAUTHORIZED ACCESS TO OR
<br /> ALTERATION OF ANY TRANSMISSION OR DATA,ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED,ANY
<br /> TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICE,OR ANY DATA OR MATERIAL FROM A THIRD PERSON
<br /> ACCESSED ON OR THROUGH THE SERVICE,WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT,TORT,OR
<br /> OTHRWISE.SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,THUS THIS
<br /> LIMITATION OF LIABILTIY MAY NOT APPLY TO USER TO THE EXTENT PROHIBITED OR LIMITED BY APPLICABLE LAW.IF USER IS
<br /> DISSATISFIED WITH THE SERVICE,USER'S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER TO DISCONTINUE USE OF THE
<br /> SERVICE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 6.
<br /> 8. Indemnification.User agrees to indemnify,hold harmless,and defend PCG,its shareholders,directors,officers,employees,and agents from and against any
<br /> action,cause,claim,damage,debt,demand,or liability,including reasonable costs and attorney's fees,asserted by any person,arising out of or relating to:
<br /> A. This Agreement;
<br /> B. User's use of the Service,including any data,work,and communications transmitted or received by User;and
<br /> C. Any unacceptable use of the Service,including,without limitation,any statement,data,or content made,transmitted,or republished by User which is
<br /> prohibited as unacceptable pursuant to Section 4 above.
<br /> 9. Miscellaneous.
<br /> A. Assignment.User may not assign any of its rights or obligations under this Agreement,whether by operation of law or otherwise,without the prior written
<br /> consent of Any attempt by User to assign his or her rights or obligations under this Agreement in breach of this Section 9(A)shall be void and of no effect.
<br /> B. Governing Law.This Agreement and the legal relationship between the Parties shall be governed by and constructed in accordance with the laws of the
<br /> State of Washington,without regard to its conflict of laws principles.
<br /> C. Construction.User hereby waives any rule of construction that requires that ambiguities in this Agreement by construed against the drafter.The headings to
<br /> the sections of this Agreement are included for convenience only and shall not affect the interpretation of this Agreement.
<br /> D. No Waiver.The waiver by either Party of a breach or violation of any provision of this Agreement shall not operate as,or be construed to be,a waiver of
<br /> any subsequent breach of this Agreement.
<br /> E. Severability.The invalidity or unenforceability of any provision contained herein shall not affect the validity of any other provisions of this Agreement,and
<br /> this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted,or,to the extent permitted by applicable law,
<br /> such invalid or unenforceable paragraph shall be replaced with another paragraph as similar in terms as may be possible and as maybe legal,valid,and
<br /> enforceable.
<br /> F. Force Majeure.No Party shall be responsible for delays or failures in performance resulting from acts of God,acts of civil or military authority,terrorism,
<br /> fire,flood,strikes,war,epidemics,pandemics,shortage of power,or other acts or causes reasonably beyond the control of that Party.The Party
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