Effective: January 1, 2018
1. ACCESS OR USE OF THE SITE
1.1 Use of the Site and certain Site Content requires you to be 18 years of age or older.
1.2 We may impose restrictions on your ability to establish an account or register for certain activities (e.g., age limits, limitations on the number of accounts, etc.). When registering an account, you will be provided a username ("ID") and password. You are responsible for keeping your ID and password, and other account information, confidential and are fully responsible for all activities that occur under your account, whether or not you authorized such activities. You agree to notify us immediately of any breach of security or unauthorized use of your account or ID and password.
1.3 You agree that you will comply with the following:
(a) You shall acquire, provide and maintain, as applicable and at your sole expense, licenses for all other software, hardware, equipment, connections, facilities, services and other supplies necessary for access and use of the Site;
(b) You shall be responsible for confirming the accuracy, quality, integrity, legality, reliability, and appropriateness of all data and information supplied or received by you when accessing or utilizing the Site;
(c) You shall use the Site solely for your internal business purposes as contemplated by our agreement and shall not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Site available to any third party, other than to any authorized users or as otherwise contemplated by our agreement.
2. LIMITATION, SUSPENSION OR TERMINATION
3. ACCEPTABLE USE
(a) use the Site in an unlawful or fraudulent manner or for such purposes, to collect personally identifiable information, or to impersonate other users;
(b) modify our copyright/trademark or other proprietary rights notices, or interfere with the security-related features of the Site (e.g., those that prevent or restrict copying Site Content);
(c) use the Site in any way to manipulate or distort, or undermine the integrity and accuracy of, Site Content, or take any action to interfere with, damage, disrupt any part of the Site;
(d) use the Site to send, knowingly receive, upload/post, download, any material which does not comply with our content standards;
(e) use the Site to transmit or facilitate the transmission of any unsolicited or unauthorized advertising or promotional material;
(f) use the Site to transfer information outside the United States or otherwise fail to comply with applicable import or export control laws;
(g) use the Site to transmit any data, or upload to the Site any data, that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
(h) decompile, reverse engineer or disassemble any portion of the Site;
(i) use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained the Site, or use network-monitoring software to determine architecture of or extract usage data from the Site; or
(j) engage in any conduct that restricts or inhibits any other user from using or enjoying the Site.
4. INTELLECTUAL PROPERTY AND CONFIDENTIALITY
4.5 You understand that PAR cannot guarantee the security of information when transmitted or accessible through or using the Internet, the Site or other third party communication providers. PAR shall not be liable or responsible to you or any other party for any losses, damages, claims, costs or other obligations arising out of or relating to any unauthorized access to, disclosure or use of such data or other Confidential Information while such information is transmitted or accessible through the Internet or the Site. Additionally, PAR shall have no responsibility or liability for any services performed by third party communication providers related to your use of the Site or any breach of confidentiality or security related thereto, and PAR shall not be responsible for any breach of security or confidentiality caused by your failure to maintain the confidentiality and control of your user identification numbers or passwords related to your use of the Site.
4.6 You understand that, in connection with the Site, PAR may aggregate and disclose information related to the performance by you and others, in general, regarding the Site, including, without limitation, response times for completion of services and service success rates, and you agree that such disclosure shall not be considered or otherwise deemed a breach of this Agreement provided that the information does not identify you or any individual.
5. USER CONTENT
5.1 We may now or in the future permit you to post, upload, transmit through or otherwise provide through the Site (collectively, "Submit") messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, and other content (collectively "User Content").
5.2 You agree not to Submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm or liability resulting from your User Content. Furthermore, you represent and warrant that your User Content:
(a) will comply with all applicable laws;
(b) will be truthful, non-misleading and non-deceptive;
(c) will not contain any material which is tortious (e.g., defames or invades the privacy of any person, etc.), obscene, offensive, hateful or inflammatory;
(d) will not promote sexually explicit material or violence, or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(e) does not breach any legal duty you owe to a third party, such as a contractual duty or a duty of confidence;
(f) will not be threatening, abuse or invade another's privacy, or provided with an intent to harass, upset or embarrass any other person;
(g) will not be provided with an intent to impersonate any person, to misrepresent your identity or affiliation with any person, or to falsely give the impression that your User Content comes from someone else; or
(h) will not advocate, promote or assist any unlawful act.
5.3 We may monitor, edit or remove any User Content for violation of the letter or spirit of these terms, or for any other lawful reason. However, we have no obligation to look for, edit or remove any User Content for any reason including, without limitation, violation of these terms. You agree to only input or otherwise provide non-public personal information in appropriate, designated fields on the Site, and to never input or otherwise provide non-public personal information in free text or similar fields.
6. LIMITS ON OUR LIABILITY
6.3 You agree that PAR shall have no liability whatsoever, actual or otherwise, to you based on any of the following: (i) any delay, interruption in use of, failure in or breakdown of the Site or errors or defects in transmission occurring in the course of the use of the Site; (ii) any unlawful or unauthorized use of the Site; (iii) any loss of or damage to your records or information; (iv) any claims based on services provided by a third party communication services provider in connection with our agreement or the Site; or (v) any claim resulting from the termination of the Site.
7. DISCLAIMER OF WARRANTIES
TO THE FULL EXTENT PERMITTED BY LAW, THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY PAR ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ARE NOT WARRANTED TO BE, AMONG OTHER THINGS, FREE OF COMPUTER VIRUSES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. PAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON ITS SITE OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ITS SERVICES. THE LIMITATIONS PROVIDED IN THIS SECTION 7 SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
8.3 This Agreement will be construed, interpreted and applied in accordance with the laws of the State of Indiana and applicable federal law, without regard to its conflict of laws principles. Any legal action or proceeding arising under this Agreement will be brought exclusively in the Circuit and Superior Courts of Marion County, Indiana and the federal courts of the United States, sitting in Indiana, and the parties hereby irrevocably consent to personal jurisdiction and venue therein.