The PEC Site is controlled by PEC from its offices within the State of New Jersey. Users who choose to visit this PEC Site from this or other jurisdictions do so on their own initiative. Those users are solely responsible for compliance with all applicable federal, state, local and foreign laws, rules and regulations in connection with their use of this PEC Site.
Venue and Jurisdiction:
Claims arising from or related to this PEC Site, to the use of this PEC Site, and to the information, content, material, and services available through this PEC Site are governed by the laws of the State of South Carolina. You hereby unconditionally, voluntarily, and irrevocably consent to submit to the exclusive jurisdiction and venue of the state and federal courts located in Trenton, New Jersey with respect to any claims arising from or related to this PEC Site, your use of this PEC Site and any information received through this PEC Site. You agree not to plead forum non conveniens in any such action. You consent to service of process.
Change of Terms:
Alteration of Site:
PEC may change, suspend or discontinue any feature, aspect, product or service available through this PEC Site at any time. PEC may alter the availability of any feature of this PEC Site or service related to any feature of this PEC Site at any time. PEC may add, remove or modify any content of this PEC Site, including any PEC Content, User Content or Third Party Content (as those terms are defined below and, collectively, the “Content”) , at any time in its sole discretion.
Limitation on Usage:
PEC may limit your access to any part of this PEC Site without notice to you. PEC may terminate your use of this PEC Site at any time.
Visitor On-line Conduct:
- You agree to use this PEC Site only for lawful purposes.
- You agree to use this PEC Site only for its intended purposes.
- You agree not to disrupt this PEC Site.
- You agree not to interfere with or compromise the security of this PEC Site, or any computer, server, account, network, data, software and/or hardware associated with this PEC Site.
- You agree not to disrupt or interfere with any other user’s use of this PEC Site or do anything to violate their legal rights, including but not limited to the rights of publicity and privacy.
- You agree not to attempt to obtain access to any portion of this PEC Site, any computer, server, account, network, software and/or hardware associated with the PEC Site, from which you are restricted.
- You agree that you are solely responsible for any actions you undertake while using this PEC Site and that you will comply with all applicable local, state, federal and foreign laws, rules and regulations applicable to this PEC Site and the Internet, including United States copyright law and export regulations.
- You are responsible for all postings, messages, text, files, images, graphics, photos, audio clips, sounds, video or other materials that you post on, transmit through or link from or to this PEC Site.
- You warrant that all information you provide to gain access to the services provided by this PEC Site is accurate and truthful.
- PEC reserves the right to prohibit any conduct involving this PEC Site that it deems to be inappropriate or illegal.
- If you are provided or select a user name or password to access this PEC Site or any page of this PEC Site, you are responsible to keep such user name and password private, secure, and strictly confidential. You agree not to provide any other person with access to this PEC Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.
- PEC does not knowingly or intentionally collect personal information from minors under the age of 18. The Content on this PEC Site is directed at adults and is intended for use only by adults over the age of 18. If you are under the age of 18, you may not submit any personal information to PEC at or through this PEC Site and should not otherwise use or access this PEC Site.
Links to and from Other Web Pages:
Links to third party websites or information are not intended, and should not be interpreted by users, as constituting or implying PEC’s endorsement, sponsorship or recommendation of the third party information, or products or services found there.
Copyright, Trademark and Intellectual Property:
All information, content and material made available by PEC through this PEC Site, including, without limitation, any report, analysis, information, data, computer code, design, text, drawings, photographs, graphics, sound recordings and video recordings as well as any copyrights, trademarks, patents or other intellectual property or proprietary rights comprising the PEC Site or any component or element of the PEC Site (collectively, the “PEC Content”) is owned by or licensed to PEC. The compilation of the PEC Content on this PEC Site is the exclusive property of PEC and its licensors and is protected by U.S. and international copyright law.
PEC and its licensors retain all rights in the Content of this PEC Site. Except as provided by any other agreement or license you have with PEC, the Content may not be modified, copied, printed, distributed, downloaded, displayed, e-mailed, transmitted, performed or sold in any form or by any means, in whole or in part, without the prior written consent of the respective owner thereof.
PEC grants you permission to display the PEC Content of this PEC Site (other than the computer code comprising this PEC Site) for your personal, non-commercial use only; provided, that, even if you display the PEC Content of this PEC Site as permitted hereunder, you may not modify, print, reproduce, transmit, distribute, publicly display or perform, or create derivative works from that PEC Content and you must retain all copyright and other proprietary notices contained in or on the PEC Content.
TOLL COMMUNICATIONS and all derivations thereof are trademarks of PEC. Other marks used on the PEC Site are either registered trademarks, trademarks, trade names, service marks, or otherwise protected property of PEC and may not be used, copied or imitated without the prior written consent of PEC.
Digital Millennium Copyright Act:
You may not upload, post or otherwise distribute on this PEC Site anything protected by copyright or other proprietary rights unless the owner of the applicable copyright or proprietary right has given you express authorization for such uploading, posting or distribution on the web.
The unauthorized use, uploading, posting, and/or distribution of User Content protected by copyright or other proprietary rights is illegal and subjects the malfeasant to civil penalties and criminal prosecution.
PEC, its affiliates, officers, directors, employees, agents or any such similarly situated persons or entities are not liable for damages resulting from any infringement resulting from your actions involving copyrighted or proprietary right protected material.
PEC, pursuant to the federal Digital Millennium Copyright Act, has designated David Toll, as Copyright Agent, to receive complaints and notices of suspected copyright infringements. PEC reserves the right to change its Copyright Agent from time to time. If you believe that your work has been copied and is accessible on the PEC Site in a way that constitutes infringement, you may notify PEC by providing the Copyright Agent the following information:
- A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- Identification of the URL or other specific location on PEC’s PEC Site where the material that you claim is infringing is located;
- Your address, telephone number and e-mail address;
- 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
- 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 are authorized to act on the copyright owner’s behalf. PEC can be reached via email at firstname.lastname@example.org and by regular mail at 62 Montrose Avenue, Fanwood, NJ 07023. Attention: Copyright Agent.
Transmission of User Content:
You are prohibited from uploading, posting or otherwise distributing on or through this PEC Site any abusive, unlawful, threatening, obscene, pornographic, intimidating, libelous, defamatory or slanderous comments, jokes, images or other User Content that are intended to or are likely to harass or offend a reasonable person on the basis of his or her age, physical or mental disability, gender, race, religion, national origin, physical attributes, sexual preference, or any other classification that could produce any civil or criminal liability for either yourself or for PEC, its affiliates, employees, agents or any such similarly situated persons or entities.
You are prohibited from impersonating anyone else or passing yourself off as someone else including, without limitation, any PEC employee or any public figure. You are further prohibited from engaging in any other conduct that is fraudulent or likely to deceive any person using this PEC Site.
You are prohibited from uploading, posting or otherwise distributing on or through this PEC Site any User Content that infringes or violates the patent, copyright, trademark, trade secret, or other intellectual property or proprietary rights of any person or entity.
In compliance with your customer agreements with PEC, you hereby grant to PEC a revocable, royalty-free, non-exclusive license to use, modify, display, archive, store, transmit, and create derivative works from the User Content, information or other materials that you transmit or upload to the PEC Site.
Ownership of Third Party Content:
PEC may display content, information or materials supplied by other third parties on its website other than the PEC Content (the “Third Party Content”). The Third Party Content displayed by PEC or supplied by other third parties belongs to the respective owners of that Third Party Content.
PEC, ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND ANY SUCH SIMILARLY SITUATED PERSONS OR ENTITIES (“WE”) DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY THIRD PARTY CONTENT. WE DO NOT WARRANT THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY THIRD PARTY CONTENT.
WE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY LOSS, DAMAGE OR HARM TO PROPERTY OR PERSON CAUSED BY YOUR OR ANYONE ELSE’S RELIANCE ON ANY THIRD PARTY CONTENT OR OTHER CONTENT AVAILABLE ON THIS PEC SITE. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND ACTING ON ANY THIRD PARTY CONTENT OR OTHER CONTENT AVAILABLE ON THIS PEC SITE.
THIS PEC SITE IS PROVIDED “AS-IS” AND “AS-AVAILABLE”. PEC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OF THIS PEC SITE, THE CONTENT, INFORMATION, AND/OR SERVICES AVAILABLE ON OR THROUGH THIS PEC SITE.
PEC DOES NOT GUARANTEE THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY INFORMATION PROVIDED AT OR THROUGH THIS PEC SITE (BY LINK OR OTHERWISE) AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM USE OF SUCH INFORMATION.
YOU AGREE THAT PEC IS NOT RESPONSIBLE FOR AND CANNOT GUARANTEE AGAINST THE INTRODUCTION OF VIRUSES OR WORMS, OR UNAUTHORIZED USERS ATTEMPTING TO ACCESS, OR OBTAINING ACCESS TO THIS PEC SITE OR YOUR COMPUTER OR OTHER SYSTEMS FROM OR THROUGH THIS PEC SITE.
PEC MAY TEMPORARILY OR PERMANENTLY SUSPEND ACCESS TO OR DISCONTINUE THIS PEC SITE OR ANY PAGE OF THIS PEC SITE AT ITS DISCRETION, AT ANY TIME, WITHOUT NOTICE
YOU AGREE TO USE THIS PEC SITE SOLELY AT YOUR OWN RISK. YOU AGREE THAT YOUR USE OF THIS PEC SITE, AND ANY CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH THIS PEC SITE IS SOLELY AT YOUR OWN RISK.
WE DO NOT WARRANT THAT THIS PEC SITE WILL BE AVAILABLE AT ALL TIMES OR THAT YOUR USE WILL BE CONTINUOUS AND/OR ERROR FREE. WE DO NOT MAKE ANY WARRANTIES THAT THE CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH THIS PEC SITE ARE ACCURATE, RELIABLE, OR CURRENT.
PEC DISCLAIMS, TO THE MAXIMUM EXTENT PERMISSIBLE, ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT IN RELATION TO THE CONTENT, INFORMATION, SERVICE OR PRODUCTS PROVIDED AT, THROUGH OR IN CONNECTION WITH THIS PEC SITE.
Limitation of Liability:
TO THE FULLEST EXTENT PROVIDED BY LAW, NEITHER WE, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THIS PEC SITE SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS PEC SITE OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES ARISING FROM HARM INCLUDING, BUT NOT LIMITED TO INJURY TO PROPERTY OR PERSON, MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS, THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THIS PEC SITE, RESULTING FROM ACTS INCLUDING BUT NOT LIMITED TO ACTS OUTSIDE OF OUR CONTROL, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, INTERNET FAILURE, UNAUTHORIZED ACCESS, THE COMPANY’S NEGLIGENCE OR YOUR OWN ERRORS AND/OR OMISSIONS AND ANY OTHER CAUSE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING PEC SHALL BE LIABLE FOR ANY ACTUAL AND PROVABLE DAMAGES ARISING DIRECTLY FROM YOUR USE OF OR ACCESS TO THE PEC SITE RESULT DUE TO OUR OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NOT TO EXCEED ALL AMOUNTS YOU PAID TO PEC FOR THE PURPOSE OF USING OR ACCESSING THE PEC SITE, BUT IN NO EVENT SHALL ANY INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES BE PAYABLE BY PEC IN CONNECTION THEREWITH. YOU AGREE THAT THIS SECTION APPLIES TO ALL CONTENT, GOODS AND SERVICES AVAILABLE THROUGH THIS PEC SITE. IN ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY TYPE OF DAMAGES IS PROHIBITED, PEC’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY THAT JURISDICTION. IF YOUR USE OF THIS PEC SITE OR THE CONTENT, INFORMATION, PRODUCTS OR SERVICES PROVIDED AT, THROUGH OR IN CONNECTION WITH THIS PEC SITE OR ANY OTHER PEC SITE LINKED TO THIS PEC SITE RESULTS IN ANY LOSS TO YOU, OR RESULTS IN THE NEED FOR ANY SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME RESPONSIBILITY FOR ALL SUCH LOSSES AND ALL COSTS ARISING THEREFROM OR ASSOCIATED THEREWITH.
No Joint Venture:
If you have any questions about this policy, please contact PEC by email at email@example.com, or by regular mail at 62 Montrose Avenue, Fanwood, NJ 07023. Attention: David Toll.
Date of last update: April 24, 2020