GENERAL. Our Services are available on most carriers, including U.S. Cellular, AT&T, Cellular One, T-Mobile, Sprint, Nextel, Boost, Verizon Wireless, Alltel Wireless, and Virgin Mobile. Messaging and data rates may apply in connection with your use of our Services. You agree to pay all applicable charges to your wireless bill or to have them deducted from your prepaid balance for our Services. In order to use our Services, you must have a text-enabled handset.
CONTENT. All Content in connection with our Services is either our property or owned by our licensors, partners, service providers, advertisers, or other third parties and may be protected under applicable law. “Content” refers to, without limitation, content, messages, updates, data, information, trademarks, service marks, logos, brands, trade names, other distinctive identification, and all other proprietary information, materials, and elements of our Services. You may only use our Content for your own personal use and you have no right to transfer or use the Content for any other purpose, whether commercial or charitable, or to allow anyone else to do so. You may not display, reproduce, adapt, modify, create derivative works, publish, distribute, or broadcast our Content without our express prior written consent. You may not use any computerized or automatic mechanism to access, extract, or download any Content or use our Service. We have no obligation to restore Content you may have obtained through our Services if it is damaged or lost.
THIRD PARTY ADVERTISEMENTS. You may see messages on our Services advertising the services of third parties. We do not endorse or take any responsibility whatsoever for the actions of or services offered by these third parties.
NO WARRANTY. UNLESS PROHIBITED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT ACCESS TO OUR SERVICES IS AT YOUR SOLE RISK, AND OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DO NOT MAKE ANY WARRANTIES WHATSOEVER WITH RESPECT TO OUR SERVICES, INCLUDING WITHOUT LIMITATION, WARRANTIES, EITHER EXPRESS OR IMPLIED, SUCH AS THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR PROVIDE ADEQUATE, COMPLETE OR TIMELY INFORMATION OR DATA.
LIMITATION OF LIABILITY. With the exception of gross negligence or willful misconduct, the Pittsburgh Penguins shall not be liable for any consequential, indirect, incidental, punitive, special, or exemplary damages whatsoever, including, but not limited to, damages for loss of profits, business interruption, or loss of information incurred by you or any third party arising from the use of our Services, even if you or such third party has been advised of the possibility of such damages (including fines, statutory damages, and other penalties). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
ASSIGNMENT. You may not resell, assign, or transfer any of your rights or obligations hereunder, and any attempt to resell, assign, or transfer such rights or obligations without prior written approval will be null and void. We may assign performance of this agreement to a third party, in whole or in part, without any prior notice to you.
PRIVACY. Our policy is to not sell or give your personal information to third party marketers without your express consent. From time to time, as part of the Services to which you subscribe, we will communicate with you about the availability of new products, personalized offers, or tips. You will receive more information about these offers or tips only if you then choose to opt in to these communications. From time to time, as part of the Service to which you subscribe, we also may ask for comments on how to improve our products or programs. In order to do so, your information may be shared with our trusted partners who help us provide our Services. To cancel your subscription, you can either text “STOP” to 32623 or contact us via phone at 1-800-693-9709 at any time.
CLASS ACTION WAIVER. You agree that you may only sue us as an individual. You agree that you will not file a class action, or participate in a class action, brought against us or our partners in connection with our Services.
ARBITRATION. You and we agree that any dispute between us with respect to our Services can only be brought in binding individual (non-class) arbitration to be administered by the American Arbitration Association (“AAA”). If, for any reason, AAA is not available, you or we may file our case with any national arbitration company. By entering into this agreement, you and we are also each waiving the right to trial by jury.