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Terms of Use for Pittsburgh Penguins SMS Programs

These Terms of Use apply to Lemieux Group LP (the “Pittsburgh Penguins”, the operator of the Pittsburgh Penguins SMS Programs) and its affiliates, which include Team Lemieux LLC, Lemieux Development LP and WBS Hockey LP (collectively, “us”, “our” and “we”).  These Terms of Use contain terms and conditions that apply to your use of our SMS programs (“Services”), and together with any other terms and conditions that apply, constitute a legally binding agreement between you and us.  BY USING OR ATTEMPTING TO USE OUR SERVICES, YOU AGREE TO BE BOUND BY AND COMPLY WITH ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE.   

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. 

HOW TO UNSUBSCRIBE OR TERMINATE.  You can unsubscribe to any of our Services at any time.  You acknowledge and agree that in order to cancel your subscription, you must either text “STOP” to 32623 or contact us via phone at 1-800-693-9709. You can also get information directly on your phone by texting “HELP” to 32623.  Any request to unsubscribe to our Services will be effective only after we have had a reasonable opportunity to act on your request, but no later than ten (10) days.  If we believe you have violated any part of these Terms of Use, we reserve the right to unilaterally terminate your access or subscription, without any prior notice to you.  We also reserve the right to terminate our Services in their entirety, in our sole discretion, and without any prior notice to you. 

CHANGES TO TERMS OF USE OR SERVICES.  We reserve the right to make changes to these Terms of Use at any time without your prior consent.  Once posted, these changes become effective immediately unless we tell you otherwise.  We encourage you to visit these Terms of Use every now and then so you remain aware of the current terms and conditions that apply to your use of our Services.  If we make material changes to our Terms of Use, we will notify you by sending you a text message about such changes.  If we make material changes to the actual Services you receive we will obtain your consent before doing so. 

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. 

INDEMNIFICATION.  You agree to defend us against any and all demands, claims and actions resulting from (i) a breach or violation of these Terms of Use, (ii) an actual or alleged violation of law, or (iii) infringement, misappropriation or violation of the rights of any third party (“Claims”). You agree to indemnify and hold us harmless from and against all losses, damages, costs (including reasonable attorneys’ fees) and expenses associated with all Claims.  We reserve the right to assume all or any part of the defense and control of any Claims and negotiations for settlement or compromise and you agree to fully cooperate with us in doing so.

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. 

GOVERNING LAW AND CHOICE OF VENUE.  These Terms of Use shall be governed by and construed in accordance with the laws of the state of Pennsylvania, without regard to conflict of laws provisions. To the extent permissible by law or any other applicable rules, you agree that all disputes will be venued in Pennsylvania.  If any part of these Terms of Use is found to be invalid or unenforceable, the remainder of the Terms of Use will remain in full force and effect. 

CONTACT US.  If you have additional questions about these Terms of Use, you can contact us via phone at 1-800-693-9709 or text “HELP” to 3262.

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