Pierre Branding Group values our customers and respects your privacy. Please read this Privacy Policy and our Terms of Service carefully before providing us with any information, using or obtaining any content or services through our Website(s). By using our site, we obtain your implied consent that you agree to and accept the practices described in this privacy notice.
This privacy policy describes the personal information we collect about you, why we collect it, how we use and protect it, and when we share it with third parties. Our policy also describes the choices you can make about how we collect and use your information. By providing your personal information to Pierre Branding Group, you are consenting to the manner in which we collect, use, disclose, protect and otherwise manage that information.
If our information practices change, we will post an updated version of the policy on our website. You can tell if the policy has changed by checking the “Last Updated” date that appears above and that will be the date on which the new policy becomes effective. The new policy will apply to all current and past users of our website and will replace any prior policies that are inconsistent. Your continued use of our website constitutes your consent to be bound by the revised policy.
Information You Provide
Certain functions on our Websites may require users to register or to provide personal information in order to be included on our electronic or print mailing lists, download whitepapers or subscribe to other services. To better understand the needs of our website users, we may also request information from time to time on a voluntary basis. If you provide such information we will not share information that identifies our users but may share generalized, aggregate data or so called “demographic information.” Entry of such information is optional and if you choose not to enter such information, you can successfully use these applications. If we share demographic information with third parties, we will only provide aggregate data.
Cookies
“Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive. Like many websites, we use cookies and Pixel Tags to keep track of your activity on our Website(s) and enhance your experience. We may also use strings of code called Anonymous Identifiers that are combinations of random characters where cookies are not available (for example, when you access our Website(s) from mobile devices). We also use cookies to deliver content specific to your interests, in some cases to save your password, and if you choose, to save other personal information so you do not have to re-enter it each time you visit our Website(s). Although we do not generally host advertising, a cookie or other tracking methodology (including LSO persistent cookies) may also be placed by an advertising servers or other. Such cookies are used for purposes of tracking browsing behavior. Similarly, a cookie may be placed by other third-party advertising companies. If you wish to disable cookies, the “help” portion of the toolbar on most browsers will tell you how. However, if you set your browser to disable cookies, you may not be able to access certain areas or features of the Website(s).
Registered User Information
In some cases we afford the opportunity to become a Registered User of our Website(s). To do so you must provide your name, address, e-mail address, a unique login name, password, and password validation, and a password hint to help you remember your password. This information is collected on the registration form for several reasons including: (1) personal identification; (2) to allow us to contact you for customer service purposes, if necessary; (3) to customize the content of our Website(s) to meet your specific needs; and (4) to make product improvements to our Website(s).
Automatic Logging of Session Data
We automatically log generic information about your computer’s connection to the Internet, which we call “session data,” that is anonymous and not linked to any personal information. Session data consists of things such as IP address, operating system, location and type of browser software being used and the activities conducted by the user while on our Website(s). An IP address is a number that lets computers attached to the Internet, such as our web servers, know where to send data back to the user, such as the pages of the website the user wishes to view. We collect session data because it helps us analyze such things as the content on our Website(s) that interest our visitors the most, what items visitors are likely to click on most, the way visitors are clicking through the website, how many visitors are navigating to various pages on the website, how long visitors to the website are staying and how often they are visiting. We also record the URLs (Uniform Resource Locators) of the websites you have visited prior to arriving at our Website(s) and the URLs of the destinations you visit after you leave our Website(s). Collecting this information also helps us diagnose problems with our servers and lets us better administer our systems. You should know it is possible to determine from an IP address a visitor’s Internet Service Provider (ISP) and the approximate geographic location of his or her point of connectivity or from GPS signals sent by a mobile device. We may also use various technologies to determine location, such as sensor data from your device that may, for example, provide information on nearby Wi-Fi access points and cell towers. Third-party advertising companies may also employ technology that is used to measure the effectiveness of advertising.
Telephone Tracking Data
If a user (including both Registered Users and visitors) places a telephone call to a number provided by our Website(s) or in communications arising out of our Website(s), we and/or marketing partners may record, track and or meter the telephone number of originating the call. We and/or our marketing partners may also store referring telephone numbers. You can ask us to delete this information at any time by contacting info@pierrebrandinggroup.com.
Other
From time to time we may add or enhance services available on our Website(s). To the extent these services are provided and used by you, we will use the information you provide to facilitate the service requested. For example, if you submit a question on our Website(s) or by email, we will use your email address, name, nature of the question, etc. to respond to your question. We may also store such information to assist us in making our Website(s) the better and easier to use.
Information Other Websites Collect From You
On our Website(s), we place links to other web sites operated by other parties. Some of these other web sites contain our brand names and trademarks and other intellectual property that we own; others do not. When you click on these links and visit these other web sites, regardless of whether or not they contain our brand names, trademarks and other intellectual property, you need to be aware that we do not control these other web sites or these other web sites’ business practices, and that this privacy policy does not apply to these other web sites. Consequently, the operators of these other web sites may collect different kinds of information about you, and may use and disclose that information in different ways than we would if it were collected on our Website(s). We encourage you to review their privacy policies and remind you that we will not be responsible for their actions.
Sharing Your Information
When you use our Website(s) or provide us with information, we may share personal information among our corporate affiliates. We may also use aggregate data to inform these third parties as to the number of people who have seen and clicked on links to their web sites. Occasionally, we may hire a third party to act on our behalf for projects such as market-research surveys and will provide information to these third parties aggregated generalized data specifically for use in connection with these projects.
In addition to the circumstances described above, we may disclose your information as part of a validation process in the interest of preventing fraud, to provide proper accounting to our business partners (for “pay-per-click”, “pay-per-call” or “push-to-talk” advertising listings and related programs) and to validate our business metrics including number of clicks, referrer logs and other tracking information. We may also disclose your information if required to do so by law, court order, as requested by other government or law enforcement authority, or in the good faith belief that disclosure is otherwise necessary or advisable including, without limitation, to protect our rights or properties of our affiliated companies or when we have reason to believe that disclosing the information is necessary to identify, contact or bring legal action against someone who may be causing interference with our rights or properties, whether intentionally or otherwise, or when anyone else could be harmed by such activities. In addition, if Pierre Branding Group LLC or substantially all of our assets are acquired, our customer information will be transferred in connection with such acquisition to the successor owner.
Demographic Information and Saved Listings
We use demographic and listing information to customize our Website(s) and communications to the interests of our users. We may share demographic information and listing information with marketing partners and other third parties so that they can target their advertisements and communications to the appropriate audience. Demographic and listing data we provide to advertisers and other third parties may be linked to information you have provided as a Registered User so that advertisers and third parties can target the offerings presented to you. We may capture, correct, enhance, extrapolate and store additional information and data based on information you supply, including without limitation data relating to your geographic location, IP address and provider, email and other demographic information. We may also enhance the information we collect from you with additional information collected by third parties to correct, match, enhance or complete the data you have provided. We may store and share this enhanced information on an individual or aggregated basis.
Opt Out
At any time, you can unsubscribe being a Registered User or a member of any of our email communications by clicking on the “unsubscribe” link and following the instructions. We reserve the right to limit our Registered Users to those who provide us with a valid email address and agree to accept e-mails. Registered Users will be notified via e-mail prior to any actions taken. After you submit personal information in connection with becoming a Registered User or other programs offered or sponsored by third parties on our Website(s), we may use such information to send you marketing emails. However, if we do so, we will provide a link on that you can click on to opt-out of receiving subsequent marketing emails generated from the same such information at any time.
Please note that changing or deleting your information otherwise opting-out of receipt of email communications from us will only change or delete the data for purposes of future activity on our Website(s) and for managing future communications. We will retain your email address on an “Opt Out List” to help ensure that it is not incorporated into future email lists. These changes and deletions will not change or delete information that we may have already forwarded to our affiliates or any other third parties, all as provided above in this Privacy Policy. This includes user-generated content and data previously provided to us.
Nondisclosure of Personal Information
We do not share any personal information with any nonaffiliated third parties, except when:
Our employees are prohibited, either during or subsequent to their employment, from disclosing personal information to any outside person or entity outside, including family members, except under the circumstances described above. An employee is permitted to disclose personal information only to such other employees who need to have access to such information to deliver our services.
Last Updated: December 4, 2018
PLEASE READ THESE TERMS CAREFULLY. YOUR USE AND INTERACTION WITH OUR WEBSITE, PORTAL AND/OR SERVICES INDICATE THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS SITE OR OUR SERVICE. TERMS OF SERVICE TERMS OF SERVICE
OVERVIEW
These Terms of Service constitute a legally binding agreement (“Agreement”) between you and Pierre Branding Group, LLC (“PBG”) governing your use of the PBG’s website (PBG.co) (“Site”) and the wardrobe consultations provided by PBG Image Consultants (“PBG Services”). Your use of the PBG Services constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of Service, and the Privacy Policy (the “Privacy Policy”) available here, and any future changes and additions to this Agreement (as defined below) as we may publish from time to time. The Privacy Policy is incorporated by reference into these Terms of Service and together form and are hereinafter referred to as this “Agreement”.
BOOKING STYLIST SERVICES
The PBG Site can be used to book an in-home Wardrobe Consultation appointment and have an PBG Stylist provide a Wardrobe Consultation regarding current clothes and an introduction to new brands and styles. Users are required to provide details on the Site in order to book a Wardrobe Consultation. These details will be processed through the Google forms platform. Payment is required at the time of booking and is processed using Paypal or square.
USAGE OF THE PBG SITE
Users who are eighteen (18) years of age or older who agree to the Terms of Service may book a Wardrobe Consultation online at the PBG Site. You agree that the information supplied will be accurate and that you will not supply the email address of, or other contact details of, another person. Additionally, you agree not to (i) take any action or (ii) make available any content on or through the PBG Services that: (A) violates any third-party right, including any intellectual property or proprietary right; (B) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane; (C) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (D) involves commercial activities and/or sales without our prior written consent; (E) impersonates any person or entity; (F) interferes with or attempts to interfere with the proper functioning of the PBG Services in any way not expressly permitted by the Terms; or (G) attempts to engage in or engage in, any potentially harmful acts that are directed against the PBG Services.
PAYMENT FOR STYLIST SERVICES
When you book a Wardrobe Consultation, we will charge you the full Consult Fee due as set forth on the Site. This Consult Fee will be charged immediately to your credit card (or other payment method). By submitting your payment information via the Site, you authorize us to utilize the Square® or Paypal® platform to charge your credit card or other payment method available in accordance with this policy. You represent that you will not use any credit card (or other form of payment) unless you have the necessary authorization to do so. We will not be liable in the event your children or others acting with or without your permission use your credit card (or other form of payment) in order to book a Wardrobe Consultation. Consultation Fees are paid directly to PBG, not to the PBG Stylist. Users are not required to pay PBG Image Consultants Consultation Fees directly.
CONSULTATION NOTIFICATIONS (EMAIL/SMS)
By providing your email address, you hereby affirmatively consent to our use of your email address in order to (a) perform and improve upon the PBG Services, (b) facilitate the carrying out of Wardrobe Consultations through the PBG Services, (c) provide you with information and reminders regarding your upcoming Wardrobe Consultations, changes and updates, service outages or alterations. By providing your mobile phone number when booking a Wardrobe Consultation on the PBG Site, you affirmatively consent to our use of your mobile phone number for calls and texts (including prerecorded and/or by automatic telephone dialing systems) in order to (a) perform and improve upon the PBG Services, (b) facilitate the carrying out of Wardrobe Consultations through the PBG Services, (c) provide you with information and reminders regarding your upcoming Wardrobe Consultations, changes and updates, service outages or alterations. These calls and texts may include, among other things, reminders about upcoming Wardrobe Consultations and/or request feedback regarding recent Wardrobe Consultations. PBG will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply. You may opt-out of receiving texts messages from us by texting “STOP” in response to any texts, or by emailing info@pierrebrandinggroup.com and specifying you want to out-out of texts. You may opt-out of receiving calls from us by stating that you no longer wish to receive calls during any call with us, or by emailing info@pierrebrandinggroup.com and specifying you want to opt-out of calls. You understand that we may send you a text confirming any opt-out by you.
CANCELLATION POLICY
Appointments for wardrobe consultations must be cancelled at least 48 hours from scheduled appointment in order to be eligible for a full refund. Appointments cancelled within 48 hours from scheduled appointment will not be eligible for a refund.
REFUNDS
There will be no refund of the Consult Fee after the scheduled Wardrobe Consultation has been completed. While PBG makes efforts to follow the Style Preferences provided by Clients in the Style Preference Form submitted at the time of booking a wardrobe consultation, we do not guarantee that every wardrobe consultation will comply with those preferences or be to your taste or liking. You are responsible for paying for the wardrobe consultation, whether it conforms to your Style Preferences or not.
RELEASE
The PBG Services only enables connections between Users and PBG Image Consultants for Wardrobe Consultation services. PBG is not responsible for the performance of PBG Image Consultants, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever, nor of the integrity, responsibility, qualifications or any of the actions or omissions whatsoever of the Users and/or PBG Image Consultants. PBG makes no representations about the suitability, reliability, timeliness, or accuracy of the PBG Services, whether made through the PBG Site, in public, private, or in offline interactions. The PBG Services is only a platform for connecting Users with PBG Image Consultants. Because PBG is not involved in the actual contact between Users or in the completion of the Wardrobe Consultation, in the event that you have a dispute with one or more PBG Image Consultants, you release PBG and its affiliates (and their respective officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
PBG EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS PBG SERVICES.
NEWSLETTERS
You may sign up for the PBG email Newsletter when booking a Wardrobe Consultation online by checking the box next to “Subscribe: Sign up with your email address to receive news and updates.” You can opt-out from receiving these Newsletters from any email message that you receive by clicking the Unsubscribe link in the email. We will not send you spam or off-topic emails.
PRICING
Pricing for Consult Fee for Wardrobe Consultations may change from time to time. Please see Site for updated Consult Fee pricing when booking Wardrobe Consultations.
SPECIAL PROMOTIONS
PBG may from time to time provide certain promotional opportunities, sweepstakes and contests to Users. All such promotions will be run at the sole discretion of PBG, and can be activated, modified or removed at any time by PBG without advance notification. For information on these promotional opportunities, please consult the rules or entry guidelines.
CHANGES TO AGREEMENT
These Terms of Service are subject to occasional revision. We will notify you of any changes to our Terms of Service by posting the new Terms of Service and updating the "Last Updated" date above. At our discretion, we may also notify you of certain changes by sending you an email to the email address provided when booking Stylist Services. For existing users of the PBG Services, any changes to these Terms of Service will be effective thirty (30) calendar days following our posting of the changes on our PBG Site. These changes will be effective immediately for new users of the PBG Services. Continued use of the PBG Services, following such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Please regularly check here to view the then-current Terms.
PBG Image Consultants
When interacting with other Users and PBG Image Consultants, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER PBG NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR PBG STYLIST OF THE PBG SERVICES AND YOU HEREBY RELEASE PBG AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY. PBG AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE PBG SERVICES.
PRIVACY
We know that your privacy is important. For this reason, we have created a privacy policy that describes our collection, use and disclosure practices regarding any personal information that you provide to us. Please visit our privacy policy to learn more about how we collect, use and disclose the information that you provide to us or we otherwise learn about you through your use of the PBG Services, including how we market our services. INTELLECTUAL PROPERTY RIGHTS All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that Users see or read through the PBG Site or rendering of PBG Services is owned by PBG, excluding User Generated Content that PBG has the right to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. PBG owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the PBG Site without PBG’s express prior written consent and, if applicable, the holder of the rights to the User Generated Content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of PBG and, if applicable, the holder of the rights to the User Generated Content. 5 The service marks and trademarks of PBG, including without limitation PBG and PBG logos are service marks owned by PBG. Any other trademarks, service marks, logos and/or trade names appearing via the PBG Site are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
USER CONDUCT
You agree that you will not use these sites to perform the following actions:
Offensive Posting
Posts of a patently offensive nature are not allowed. This includes, but is not limited to:
Posting content from other websites. Any content you post on the PBG Site must be your original work. If it is owned by another, you must have authorization from the copyright owner. If you post content from another source, please include a link back to the original content.
Flaming (Insulting Other Users). Posts clearly insulting, calling out, provoking or harassing other board members, individually or as a group, directly or indirectly, are not allowed. This includes, but is not limited to: Name-calling ("You're an idiot", "You moron") Direct insults ("Screw you") Offensive orders ("Go kill yourself") Insinuations ("Are you stupid or something?") or insults towards family ("Your mom...")
Trolling (Inciting Flames). Posts intended solely to annoy and/or offend other posters by going against the clear nature of a board or topic are not allowed. This includes, but is not limited to:
Illegal Activities. Posts that violate or incite others to violate the law are not allowed. This includes, but is not limited to, asking for or providing, in any way, shape, or form:
Advertising. Posts that clearly advertise a service or product are not allowed. This includes, but is not limited to:
Users are allowed to include a website address in a signature, request comments on their personal site in a social setting, or provide interesting or relevant links to another site.
Disruptive Posting. Posts that disrupt the message boards for other users, intentional or not, are prohibited. This includes, but is not limited, to:
Flooding, Invading, and Board Wars. Users may be immediately banned (along with any associated accounts) for:
Impersonation. Users may be immediately banned (along with any associated accounts) for impersonating other users by creating and/or using a name clearly intended to impersonate, mock, or antagonize another user, or otherwise falsely claiming to be another.
Harassment/Stalking/Privacy. Continual harassing behavior directed towards a certain individual or group with the intent of creating an intimidating, offensive, or hostile environment on the boards, with or without use of explicit or implicit threats is strictly prohibited. Posting private information without permission is also prohibited. Posts inquiring about temporarily suspended or banned users (for example: "free this user" or "why did this user get banned") will be removed and poster issued a warning. Continued posts of this nature will result in suspension.
Other. Any other activity that is clearly detrimental to the flow of conversation and normal activities of the boards and its users may also be deleted. 7 Relevance and Posting Rules. You must have firsthand experience with any Stylist on which you provide feedback or comments. Offensive Content: You may be exposed to content that you find offensive, indecent or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable. PBG is not responsible for screening content before it is posted.
COPYRIGHT COMPLAINTS AND DMCA AGENT
Company respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the PBG Services infringe upon your copyright or other intellectual property right, please send the following information to PBG's Copyright Agent at:TBD
GOVERNING LAW
You further consent that this Agreement is governed by and shall be construed in accordance with the laws of the State of Georgia, U.S.A. without reference to its conflicts of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Georgia for any disputes arising out the use of the PBG Services. This Agreement constitutes the entire agreement between the parties with respect to the subject matter that it describes. This Agreement supersedes all prior proposals, negotiations, conversations, discussions and agreements between the parties concerning the information it covers. 8 If, for any reason, a court of competent jurisdiction finds any provision or part of a provision of this Agreement unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement. Any remaining provisions of the Agreement will continue to be enforced with full effect.
BUGS AND EXPLOITS
Using exploits or tricks in the PBG Site’s code or third party platforms to gain privileges, access, or abilities not clearly intended by the board design is prohibited. Making exploits public or using them for personal benefit is grounds for immediate loss of access to the PBG Services.
SITE SECURITY AND CONDUCT
We have incorporated all reasonable and commercially available measures to protect the Site from unauthorized access. Any unauthorized commercial use of the PBG Service is expressly prohibited. You agree to comply with all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur when using the Site and/or PBG Services. You are also responsible for the acts or omissions of any individual to whom you grant access—either intentionally or unintentionally. Further, by way of example and not as a limitation, you agree not to:
SYSTEM AND NETWORK SECURITY
Violations of system or network security are prohibited, and may result in criminal and civil liability. We will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. You must take reasonable security precautions in light of your use of the PBG Service. You are solely responsible for any breaches of security affecting the servers under your control.
LINKS TO OTHER WEBSITES The Site may contain links and pointers to other websites that are maintained by third parties. Such links do not mean that we endorse these third-party sites or any materials they contain. Of course we do not control, and thus are not responsible for, the availability, accuracy, privacy policy, or currency of such third-party sites or any information, content, products or services accessible from such third-party sites.
NO AGENCY
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
DISCLAIMER OF WARRANTIES
USE OF THE PBG SERVICES IS ENTIRELY AT YOUR OWN RISK.
The PBG Services and all content, products and services included on or otherwise made available to you through the PBG Services are provided by PBG "with all faults" and on an "as is" and "as available" basis, unless otherwise specified in writing. PBG makes no representations or warranties of any kind, whether express or implied, as to the operation of the PBG Services or any content, products or services included on, or otherwise made available to you through, the PBG Services, unless otherwise specified in writing, including, but not limited to, any warranties of merchantability, fitness for a particular use or purpose, non-infringement, quiet enjoyment, and accuracy. We make no warranty that the PBG Services will meet your requirements, or that the PBG Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the PBG Services, or that defects in the PBG Services will be corrected. We specifically disclaim any liability associated with the use of the PBG Services and you agree that you will not sue PBG for any claim related to any PBG Services. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the download of any material, content, and/or use of the PBG Services. No advice or information, whether oral or written, obtained by you from us through the PBG Services, or otherwise will create any warranty, representation or guarantee not expressly stated in these Terms of Use.
Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the maximum permitted under such applicable law.
LIMITATION ON LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY COLLECTING PAYMENT, COORDINATING THE SCHEDULING OF WARDROBE CONSULTATIONS, AND PROVIDING ACCESS TO THE PBG SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE PBG SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES WHETHER KNOWN OR UNKNOWN AND ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION 10 OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, OR SERVICE PROVIDED BY PBG, DESTRUCTION OF YOUR INFORMATION OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE PRODUCTS OR FOR ANY INFORMATION APPEARING ON ANY OTHER SITE LINKED TO OUR PBG SERVICES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE PBG SERVICES IS LIMITED, IN AGGREGATE, TO THE GREATER OF (I) THE TOTAL AMOUNT OF YOUR WARDROBE CONSULTATION BOOKINGS IN THE THREE (3) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO OUR LIABILITY, OR (II) FIFTY DOLLARS (U.S. $50.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL PBG BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless PBG, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from: (i) your use of the PBG Services (except to the extent prohibited by law); (ii) your violation of these Terms of Use; (iii) your violation of any rights of any other person or entity; (iv) any content, information or materials you upload to the PBG Services; or (v) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the Services.
VIOLATION OF TERMS AND TERMINATION
You agree that we, in our sole discretion, may immediately terminate your access to the Services at any time, for any reason, in our sole discretion. You agree that we will not be liable to you or any other party for any termination of your access to the PBG Services. You may terminate this Agreement at any time by ceasing all use of the PBG Services. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
MODIFICATION TO THE SITE OR SERVICES
We reserve the right to modify or discontinue the PBG Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the PBG Services. If you object to any such changes, your sole recourse will be to cease access to the PBG Services. Continued access to the PBG Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the PBG Services as so modified.
GENERAL PROVISIONS Failure by PBG to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and PBG with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement will inure to the benefit of PBG, its successors and assigns.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE AND PRIVACY POLICY AND AGREE THAT MY USE OF THE PBG SERVICES IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.