TERMS OF SERVICE

This page explains the terms and conditions by which you may use the website (the “Site”) https://www.pgstats.com/. PG Stats, LLC, a Michigan limited liability company (“PG Stats,” “we,” “us,” or “our”), operates the Site. Your use of the Site is governed by these Terms of Service (the “Terms”), and any additional written terms that you agree to with us (the “Agreement”). This Agreement apply to all visitors, users, and others who access or use the Site (“Users”).

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION CAREFULLY. THIS AGREEMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND PG STATS. BY REGISTERING FOR A PGstats Account (DEFINED BELOW), ACCESSING OR USING THE SITE, OR BY CLICKING A BUTTON OR CHECKING A BOX MARKED “I AGREE” (OR SOMETHING SIMILAR), YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT AND TO THE COLLECTION AND USE OF YOUR INFORMATION AS SET FORTH IN OUR PRIVACY POLICY (“PRIVACY POLICY”), WHETHER OR NOT YOU ARE A REGISTERED USER OF OUR SITE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU DO NOT HAVE OUR PERMISSION TO USE AND ARE EXPRESSLY PROHIBITED FROM USING THE SITE.

1. Acceptance of Agreement.

By creating an Account with us, clicking “I agree”, logging into the Site, you, on behalf of yourself and those that you represent (“you” or “your”), acknowledge that you have read and understood the Agreement, accept the Agreement, and agree to be bound by it.

2. Use by Minors.

If you are a User under eighteen (18) years of age (a “Minor”), you may only use or access the Site with the consent of, and under the supervision of, an individual who has the capacity to form a binding contract and who has parental responsibility over you, whether as a parent, guardian or otherwise (a “Parent”), and only with your Parent’s consent to this Agreement. If you are a Parent, you represent and warrant, by you or your Minor accessing, or otherwise using the Site, that you: (i) have read and agree to the terms and conditions of this Agreement on yours and your Minor’s behalf; and (ii) that you give your consent to your Minor’s use of the Site. Any access or use of the Site by a Minor without the consent and supervision of their Parent is strictly prohibited and in violation of this Agreement. If you are a Minor using the Site, then “you” as used herein (unless context requires otherwise) includes both you and your Parent. By using the Site, you consent to the collection, use and disclosure of your personally identifiable information and to having your personally identifiable information collected, used, transferred to and processed in the United States as set forth in our Privacy Policy below.

3. Limitations of License.

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Site for your personal, noncommercial use only and as permitted by this Agreement and the features of the Site. PG Stats reserves all rights not expressly granted herein in the Site and its Content (as defined below). PG Stats may terminate this license at any time for any reason or no reason.

4. Changes to the Site.

PG Stats may, without prior notice and without liability to you: (i) change the Site; (ii) stop providing the Site or features of the Site, to you or to Users generally; or (iii) create usage limits for the Site. We may permanently or temporarily terminate or suspend your access to the Site without notice and liability for any or no reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

5. Site Location.

The Site is controlled and operated from facilities in the United States. PG Stats makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Site if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Site are solely directed to individuals, companies, or other entities located in the United States and Canada.

6. PGstats Accounts.

To access and use the Site, you must register for an account on the Site (“PGstats Account”). When creating your PGstats Account, you must provide accurate and complete information, and you must keep this information up to date – any failure to do so may result in the termination of your PGstats Account. To the extent permissible by applicable law, PG Stats reserves the right to accept or deny any Users’ registration for a PG Stats Account for any or no reason.

You may never use another User’s PGstats Account without the account holder’s express permission. You are solely responsible for the activity that occurs on your PGstats Account, and you must keep your PGstats Account password secure. We encourage you to use “strong” passwords with your PGstats Account. You must notify PG Stats immediately of any breach of security or unauthorized use of your PGstats Account. PG Stats will not be liable for any losses caused by any unauthorized use of your PGstats Account.

By providing PG Stats your email address you consent to our using the email address to send you Site-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Site and special offers. If you do not want to receive such email messages or want to otherwise amend or control your PGstats Account, you may email us at contact@pgstats.com or by clicking the unsubscribe link within each promotional message. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers; however, opting out will not prevent you from receiving Site-related notices.

By connecting to PG Stats with a third-party Site, you give us permission to access and use your information from that Site as permitted by that Site, and to store your log-in credentials for that Site.

7. Proprietary Rights.

Except for your User Content, the Site and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, Site marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “PG Stats Content”), and all Intellectual Property Rights related thereto, are the exclusive property of PG Stats and its licensors (including other Users who post User Content to the Site). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any PG Stats Content. Use of the PG Stats Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

The Site contains data, information, and other content not owned by you, such as reputational or status indicators, and/or fictional property representing virtual achievements (for instance, trophies or powers) (“PG Stats Property”). You understand and agree that regardless of terminology used, PG Stats Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at PG Stats’ sole discretion. You acknowledge that you do not own the PGstats Account you use to access the Site, nor do you possess any rights of access or rights to data representing or embodying any or all of your PG Stats Property. You agree that PG Stats has the absolute right to manage, regulate, control, modify and/or eliminate PG Stats Property as it sees fit in its sole discretion, in any general or specific case, and that PG Stats will have no liability to you based on its exercise of such right. All data on PG Stats’ servers are subject to deletion, alteration or transfer. Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, PGstats Account history and PG Stats Account content residing on PG Stats’ servers, may be deleted, altered, moved or transferred at any time for any reason in PG Stats’ sole discretion, with or without notice and with no liability of any kind. PG Stats does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on PG Stats’ servers.

8. Indemnity.

You agree to defend, indemnify and hold harmless PG Stats and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your PGstats Account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

9. Entire Agreement and Severability.

This Agreement, together with any amendments and any additional agreements you may enter into with PG Stats in connection with the Site, shall constitute the entire agreement between you and PG Stats concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

10. Governing Law.

This Agreement and any controversy related to this Agreement shall be interpreted in accordance with and governed by the laws of the state of Michigan, or, as appropriate, by federal law as applied by a federal court sitting in Michigan, both without regard to Michigan choice of law rules.

11. No Warranty.

The Site is provided “As Is,” “As Available,” and “Where Available” and without warranties of any kind and, to the maximum extent permitted by law, PG Stats’ liability to you is limited.

12. Modification.

PG Stats reserves the right to modify this Agreement in its sole discretion and will provide notice of these changes as described below.