PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING AND/OR USING THIS SERVICE. YOUR ACCESS TO AND/OR USE OF THIS SERVICE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS OF SERVICE AND ANY OTHER ADDITIONAL TERMS. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, PLEASE DO NOT USE OUR SERVICES.

PSE refers to PURE Specialty Exchange, an Arizona-domiciled domestic surplus lines reciprocal insurer. PURE Specialty Risk Management, LLC, a for profit entity, (PSRM) serves as PSE’s Attorney-In-Fact for a fee. PSE membership requires Subscriber’s Agreement. Coverage is subject to insurance policies issued & may not be available in all jurisdictions. Trademarks are property of PURE Risk Management & used with permission. ©2022 PSE.

Privacy

You acknowledge that you; (i) have read PSE's privacy policy and (ii) agree to the use of your information in accordance with PSE’s then current privacy policy (“Privacy Policy”). Except as otherwise provided in these TOS, all capitalized terms defined in the Privacy Policy shall have the meanings ascribed to such terms therein. To the extent there is an inconsistency between these TOS and the Privacy Policy, these TOS shall govern.

Agreement

These terms and conditions of service (“TOS”) are a legal agreement between you (“you”, “your” or “user”) and PURE Specialty Exchange, an Arizona domiciled domestic surplus lines insurer, with a place of business at 6263 N. Scottsdale Road, Suite 245, Scottsdale AZ 85250 and its affiliates collectively (“PSE”, “we”, “our” or “us”). Your access to, purchase, acknowledgement, click-through or use of all products, content, offers, pages, programs, attachments, features, software and services, together with any new features that augment or enhance any of the foregoing, which you may have access to as part of, or through your use of, PSE’s then-current network of properties which may be accessed through various mediums or devices now known or hereafter developed (referred to individually and collectively starting with and including the word “products” as the “Service(s)”) is subject to these TOS. You also understand and agree that the Service(s): (i) may also include certain communications from PSE, such as service announcements, administrative messages, merchant, product, and general policy related communications; and (ii) are provided "AS-IS". You are responsible for obtaining access to the Service(s) and that access may involve third party fees (such as Internet service provider or airtime charges).

Your agreement with PSE will always include, at a minimum, the terms and conditions set out in these TOS. Your agreement with PSE will also include the terms and conditions of any specific terms, agreement(s) or legal notices (collectively, “Additional Terms”) applicable to the Service(s), in addition to these TOS. The Additional Terms are incorporated and made a part of these TOS by this reference. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service and may require a manual click through to accept such Additional Terms. Except as otherwise provided in these TOS, all capitalized terms defined in the Additional Terms shall have the meanings ascribed to such terms therein. To the extent there is an inconsistency between these TOS and any Additional Terms, the Additional Terms shall govern.

These TOS, together with the Additional Terms, forms a legally binding agreement between you and PSE in relation to your use of the Service(s). It is important that you take the time to read them carefully.

Acceptance:

In order to use the Service(s), you must first agree to the terms of these TOS. You may not access nor use any of the Services if you do not accept the terms and conditions herein. You understand and agree that by actually using or accessing the Services, you accept the terms and conditions of these TOS (including the referenced Privacy Policy (as such term is defined below) which is incorporated herein and made a part of these TOS by this reference) and are bound thereby and that PSE will treat your access to and/or use of the Services as acceptance of the terms and conditions of these TOS from that time forward. You may not access nor use the Services and may not accept the terms and conditions of these TOS if (a) you are not of legal age to form a binding contract with PSE, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services. If you do not agree to abide by these or any future TOS, do not use or access (or continue to use or access) the Services. It is your responsibility to regularly check to determine if there have been changes to these TOS and to review such changes.

You must be at least 13 years of age to access the Service(s).

Coverages & Services

This website is descriptive only. The precise products, services and coverage offered is subject to the terms and conditions of the policies as issued and does not include all the benefits and limitations found in our policies. The insurance policy, not general descriptions in this website, will form the contract between the insured and the insurance company. Coverage may not be available in all jurisdictions.

Your Registration Obligations

You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form and (b) maintain and promptly update your registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or PSE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PSE has the right to refuse any and all current or future use of the Service(s) (or any portion thereof). You agree that PSE will not be held liable for any information or Content lost. Termination of your access includes (a) removal of access to certain offerings within the Service(s), and (b) barring further use of certain of the Service(s).

Member Account; Password Security

If you receive a password and/or account designation upon completing registration for any Service, you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services, and are fully responsible for all activities that occur under your password or account. You agree not to use the account, username, account or password of another user or person at any time or to disclose your password to any third party. You further agree to (i) immediately notify PSE of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. You acknowledge and agree that PSE shall not be liable for any loss or damage arising from your failure to comply with this Section.

License from PSE

PSE grants you a limited license to access and make personal use of its Services and not to download (other than page caching) or modify them, or any portion(s) thereof, except with express written consent of PSE. This license does not include any resale or commercial use of the Services; any collection and use of any product listings, descriptions, or prices; any derivative use of the Services; any downloading or copying of account information for the benefit of another; or any use of data mining, robots, or similar data gathering and extraction tools. The Services, including any portion(s) thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of PSE. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PSE and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing PSE's name or trademarks and any term or phrase or logo that may infringe or have the likelihood of being considered confusingly similar thereto without the express written consent of PSE. Any unauthorized use terminates the permission or license granted by PSE. You are granted a limited, revocable, and nonexclusive license to create a hyperlink to the home page of purespecialtyexchange.com so long as the link does not portray PSE, its merchants or partners or any of its/their respective affiliates, or the Services in a false, misleading, derogatory, or otherwise offensive matter. Any permitted links to this Service must comply will all applicable laws, rules and regulations. Unauthorized framing of or linking to PSE properties may be investigated, and we reserve the right to take any appropriate legal action, including without limitation, civil, criminal, and injunctive redress. You may not use any PSE logo or other proprietary graphic or trademark as part of the link without our prior permission. Notwithstanding anything else, PSE reserves the right to remove its license to you to create a hyperlink to the Services for no reason, at any time, without notice and without liability. Unless explicitly stated herein, nothing in these TOS shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause without any liability whatsoever to the PSE Parties. All rights and licenses not explicitly set forth in these TOS are reserved.

Proprietary rights

You understand, acknowledge and agree that: (i) PSE (or PSE’s affiliates and licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist); (ii) the Services may contain information which is designated confidential or proprietary by PSE and that you shall not disclose, use or in any way provide such information without PSE’s prior written consent; (iii) all trademarks, domain names, and other distinctive brand features appearing on the Services are the property of their respective owners and these TOS do not grant the user any rights or interest therein; and (iv) you shall not remove, obscure, or alter any proprietary rights notices (including copyright, trademark or other proprietary notices) which may be affixed to or contained within the Services.

You agree to not use the Service(s) to:

a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

b. harm minors in any way;

c. impersonate any person or entity, including, but not limited to, a PSE official, forum leader, guide, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

i. interfere with or disrupt the Service(s) or servers or networks connected to the Service(s), or disobey any requirements, procedures, policies or regulations of networks connected to the Service(s);

j. intentionally or unintentionally violate any applicable local, state, national or international law;

k. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

l. "stalk" or otherwise harass another; or

m. collect or store personal data about other users.

You acknowledge that PSE may or may not pre-screen Content, but that PSE and its designees shall have the right (but not the obligation) in its/their sole discretion to pre-screen, refuse, or move any Content that is available via the Service(s). Without limiting the foregoing, PSE and its designees shall have the right to remove any Content that violates the TOS, is otherwise objectionable to PSE in its sole discretion or for no reason, at any time, without notice and without any liability whatsoever . You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by PSE or submitted to PSE, including without limitation information in all parts of the Service(s).

You acknowledge, consent and agree that PSE may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties or other claims of abuse; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of PSE, its advertisers, merchants or partners or any of its/their respective affiliates, its users and/or the public.

You understand that the technical processing and transmission of the Service(s), including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service(s) and software embodied within the Service(s) may include filtering and security components that permit digital materials to be monitored and protected, and use of these materials is subject to usage rules set by PSE and/or content providers who provide content to the Service(s). You may not attempt to override or circumvent any of the usage rules embedded into the Service(s). Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

Provision of the Services

PSE has relationships with third parties (“Third Party Providers”). Occasionally, these Third Party Providers may provide the Service(s) to you on behalf of PSE. You understand, acknowledge and agree that: (i) Third Party Providers shall be entitled to provide the Service(s) to you; (ii) PSE may change the form and nature of the Service(s) from time to time without prior notice to you; or stop (permanently or temporarily) providing the Service(s) (or any portion(s) thereof) to you at PSE’s sole discretion, without prior notice to you at any time without any liability whatsoever; (iii) you may stop using the Services at any time; (iv) you do not need to specifically inform PSE when you stop using the Services.

The inclusion of any products or services on or through the Services at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Services. By placing an order, you represent that the products ordered will be used only in a lawful manner.

Accuracy

Products and services included on the Services may be unavailable, may have different attributes than those listed, or may actually carry a different price, Payout(s) and/or terms than that stated on the Services. In addition, we may make changes in information about price, Payouts and/or terms and availability at any time and for any reason with or without notice without any liability whatsoever.

Modification or Termination of TOS

PSE reserves the right to modify and/or terminate these TOS with or without notice, at any time and for any reason with no liability whatsoever. When modifications are made, PSE may make a new copy of these TOS available. You understand and agree that if you access or use the Service(s) after the date on which the TOS has been modified, PSE will treat your use as acceptance of the updated TOS.

Third Party Links

By using the Services, you understand, acknowledge and agree that:

(i) fulfillment of products and services described in the website and/or through the Services may be handled by third parties not under the control of PSE; (a) such third party is solely responsible for all such products and services; (b) PSE is not responsible or liable for any damages, loss, delays, errors, liabilities, inconveniences, etc., that occur as a result of or are related to any dealing or purchase or alleged dealing or purchase between you and such third party(ies); (c) any dealings with such third parties, including payment and delivery of products and services, and any other terms, conditions, warranties or representations associated with such dealings or alleged dealings are solely between you and such third party(ies); and (d) PSE is not responsible or liable for any claims arising out of such dealings or that you may have against such third parties. Notwithstanding, you acknowledge that PSE is not responsible or liable for any action or inaction of any party to a transaction, for any failure to perform, to pay any amounts due, or to deliver any merchandise or services as promised, or for any other aspect of the transaction. ALL USE OF THE SERVICES IS PROVIDED "AS IS" AND AT YOUR OWN RISK.

(ii) Without limiting any of the foregoing, the Services may provide hyperlinks to and/or descriptions of third party owned and operated web sites and/or destination pages which are not under the control of PSE (“Third Party Links”); (a) PSE is not responsible for the availability or content of these Third Party Links; (b) PSE does not endorse these Third Party Links and will not be liable for the products, services, advertisements, offers, contests, sweepstakes, content, resources or materials on or available from these Third Party Links; (c) You shall comply with any terms of use, policies or guidelines depicted on these Third Party Links; (d) PSE will not be responsible or liable, directly or indirectly for any damages or loss caused or alleged to be caused by or in connection with your access to, use of or reliance on any such Third Party Links, or as a result of any reliance placed by you on the completeness, accuracy, existence or fulfillment of any advertising, products, services, offers, contests, sweepstakes, copyright compliance, legality or decency of material or other materials on, or available from, such Third Party Links.

This Section survives termination of these TOS.

Copyright

Copyright © 2020 PURE Specialty Exchange. All Rights Reserved. All content included on this site, including all text, graphics, video, logos, and software, is the property of the company and is protected to the full extent of U.S. and international copyright laws. All software, content, and the compilation of the components of this site are the property of the company and are protected by all applicable U.S. and international copyright laws. The site and its content may only be used as permitted by the company on the site; all other uses, including reproduction, modification, distribution, transmission, republication, display or performance of the content on this site is strictly prohibited.

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Service any materials that violate another party's intellectual property rights. If you believe that any material on the Service infringes upon any copyright which you own or control, you may send a written notification of such infringement to PSE.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the company's agent (listed below) the following information, in writing: 1) an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right which is allegedly being infringed upon; 2) identification of the copyrighted work that is alleged to have been infringed upon or, if more than one, a representative list; 3) identification of the material which needs to be removed or altered and a sufficiently detailed description of the location of the protected material on the site (e.g., URL); 4) a sufficient means for the company to contact you, such as your address, telephone number, and e-mail address (if available); 5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law and that you have authority to make such a statement; 6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright's owner's behalf.

The company's copyright agent for notice of claims of copyright infringement is:

Kirk Raslowsky, General Counsel

44 S. Broadway, Suite 301, White Plains, NY 10601

t: 914.992.0012 f: 914.328.3883 e: kraslowsky@pureinsurance.com

Disclaimers

The information and suggestions in this website are presented as a guide. No results are guaranteed and no liability is assumed as to the information or safety suggestions presented. No assumption can be made that every acceptable safety procedure is stated. Abnormal, unusual or particular circumstances may require different or additional procedures.

PSE is not responsible or liable in any manner for any Content posted on or in connection with the Services, whether posted or caused by users of the Services, by PSE, by third parties or by any of the equipment or programming associated with or utilized in the Services. PSE is not responsible for the conduct, whether online or offline, of any user of the Services.

Under no circumstances will PSE be responsible for any loss or damage resulting from anyone's use of the Service or any Content posted on or through the Service or transmitted to users, or any interactions between users of the Service, whether online or offline.

This Section survives termination of these TOS.

EXCLUSION OF WARRANTIES

YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR OWN RISK. WHEN ACCESSING OR USING THE SERVICES, CONTENT WILL BE TRANSMITTED OVER A MEDIUM THAT MAY BE BEYOND THE CONTROL AND JURISDICTION OF THE PSE PARTIES. ACCORDINGLY, THE PSE PARTIES ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY CONTENT TRANSMITTED IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SERVICES. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PSE PARTIES OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS.

PSE, ITS LICENSORS, THIRD PARTY SERVICE PROVIDERS, MERCHANTS, RETAILERS, PARTNERS, SUPPLIERS AND EACH OF ITS/THEIR RESPECTIVE AFFILIATES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (INDIVIDUALLY AND COLLECTIVELY STARTING WITH AND INCLUDING THE TERM “PSE” ABOVE, “PSE PARTIES”), TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE PSE PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING: (I) THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE SERVICES, LINKS, THIRD PARTY LINKS, PRODUCTS, SERVICES, CONTENT OR COMMUNICATIONS PROVIDED ON OR THROUGH THE SERVICES (AND THE PSE PARTIES MAKE NO COMMITMENT NOR ASSUME ANY DUTY TO UPDATE SUCH SERVICES OR ANY SUCH LINKS, PRODUCTS, SERVICES, CONTENT OR COMMUNICATIONS); (II) YOUR ACCESS TO OR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; AND (IV) ANY CONTENT OBTAINED BY YOU AS A RESULT OF YOUR ACCESS TO OR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

THIS SECTION SURVIVES TERMINATION OF THESE TOS.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE PSE PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY OR PUNATIVE DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY FOR USE OF THE WEBSITE OR THE SERVICES. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO: (A) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA, INFORMATION OR CONTENT SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) THE USE OF OR INABILITY TO USE THE SERVICES; (II) PERSONAL INJURY, INCLUDING DEATH OR SICKNESS CAUSED BY YOUR ACCESS TO, USE OR MISUSE OF THE SERVICES; (III) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY LINK, THIRD PARTY LINK, ADVERTISING, SPONSORSHIP, OFFER OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER, MANUFACTURER, RETAILER, MERCHANT, PARTNER, LICENSOR, DISTRIBUTOR, FULFILLMENT CENTER, SUPPLIER, SPONSOR OR ANY OTHER THIRD PARTY WHOSE SERVICE, PRODUCT, ADVERTISING OR SPONSORSHIP APPEARS ON OR THROUGH THE SERVICES; (IV) ANY CHANGES WHICH PSE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (V) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT, DATA, INFORMATION AND/OR OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (VI) YOUR FAILURE TO PROVIDE PSE WITH ACCURATE INFORMATION, OR (VII) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

THE LIMITATIONS ON THE PSE PARTIES’ LIABILITY TO YOU SHALL APPLY WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PSE PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY CLAIMS ARISING IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOUR REMEDIES UNDER THESE TOS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TOS.

NOTHING IN THESE TOS, SHALL EXCLUDE OR LIMIT PSE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS SECTION SURVIVES TERMINATION OF THESE TOS.

Indemnity

By using this Service, you agree to promptly indemnify and hold the PSE Parties harmless from any claim, action, proceeding, investigation, demand, damage, liability, loss, expense, including litigation costs and attorneys’ fees, of every kind and nature as incurred, made by any third party due to or arising out of your access to or use of the Services, your connection to the Services, communications or Content you submit post or share, your conduct in connection with the Services or with other users of the Services, or your violation of these TOS, or of any law or the rights of any third party. This indemnity survives termination of these TOS.

Assignment

PSE reserves the right to transfer, assign, sublicense or pledge this or any part of these TOS, the Services or its rights and associated goodwill attached thereto and obligations under these TOS, as necessary, without notice and without your consent. These TOS, the Services and any remaining portions, shall inure to the benefit of PSE and its successors and assigns. You may not assign any portion of these TOS.

Notice

PSE may provide you with notices, including those regarding changes to these TOS, by email, regular mail, or postings on the Services.

Waiver

If PSE does not exercise or enforce any legal right or remedy which is contained in these TOS (or which PSE has the benefit of under any applicable law), this will not be taken to be a formal waiver of PSE’s rights and that those rights or remedies will still be available to PSE.

Severable

If any part of these TOS is held by a court of competent jurisdiction to be invalid or unenforceable, that part will be enforced to the maximum extent permitted by law, and the remainder of these TOS will remain fully in force.

Choice of Law and Location for Resolving Disputes

Notwithstanding anything else, these TOS and your relationship with PSE hereunder, shall be governed by the laws of the State of New York without regard to its conflict of laws provisions. You and PSE agree to submit to the exclusive jurisdiction of the courts located within the State of New York to resolve any legal matter arising from these TOS. Notwithstanding this, you agree that the PSE Parties shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. You understand, acknowledge and agree that a printed version of these TOS will be admissible in judicial and administrative proceedings based upon or relating to these TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Survival

The terms and conditions providing for any activity following the termination or expiration of these TOS, any warranties, disclaimers, remedies and any indemnification obligations, and any other provision which, by its terms is intended to survive the termination of these TOS, shall survive the termination or expiration of these TOS.

Entire Agreement

These TOS contain, and are intended as, a complete statement of the arrangements between you and PSE with respect to its subject matter and supersedes all prior agreements, whether written or oral, between you and PSE, with respect to those matters. Any user of Services may be subject to additional terms and services that may apply through the use of affiliate services or third-party sites.

Additional Assistance

If you do not understand any of the foregoing terms and conditions or if you have any questions or comments, we invite you to visit our Contact Us page for a directory of departments and personnel, or contact our Member Services department at 888.813.7873.

Last Modified: March 31, 2022