By using the PewterReport.com site, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use this site. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms of use at any time.

RESTRICTIONS ON USE OF CONTENT

All materials contained within the pages of PewterReport.com are the copyrighted property of Pewter Report, Inc., its affiliates and/or third-party licensors. All trademarks, service marks, trade names, and trade dress are proprietary to Pewter Report, Inc., or its affiliates or licensees. No material from PewterReport.com may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, at any time. This includes Pewter Insider articles, and any and all other premium content paid for by Pewter Insider subscribers. Pewter Insider passwords may not be shared and any premium content may not be linked, forwarded or reproduced in part or in whole. Failure to comply with these guidelines may result in the cancellation of your subscription without refund or notice.

CONTENT LICENSE

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.)

LIABILITY

You will not hold us responsible for other users’ actions or inactions, including things they post.

RELEASE

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

ACCESS AND INTERFERENCE

The PewterReport.com contains robot exclusion headers. Much of the information on PewterReport.com is updated on a real-time basis and is proprietary or is licensed to us by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access PewterReport.com for any purpose without our express written permission.

Additionally, you agree that you will not:

• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your personal account information) from PewterReport.com without our prior expressed written permission and the appropriate third party, as applicable;
• interfere or attempt to interfere with the proper working of PewterReport.com or any activities conducted on PewterReport.com; or
• bypass our robot exclusion headers or other measures we may use to prevent or restrict access to PewterReport.com.

PROPRIETARY RIGHTS

You acknowledge and agree that PewterReport.com and any necessary software used in connection with PewterReport.com (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through PewterReport.com or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on PewterReport.com or the Software, in whole or in part.

We grant you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to PewterReport.com. You agree not to access PewterReport.com by any means other than through the interface that we provide for use in accessing PewterReport.com.

MODIFICATIONS

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, PewterReport.com (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of PewterReport.com.

MESSAGE BOARDS, CHATS AND COMMUNICATION IN PUBLIC

If you participate in any message board or chat within PewterReport.com, you agree to follow our terms set forth below.

You acknowledge that anything submitted by you on the message boards or in chat is public communication on the Internet and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that the message boards and features on PewterReport.com are forums for public and not private communications. Please keep in mind that whenever you give out personal information online in message boards or in chat, that information can be collected and used by people you don't know. We cannot guarantee the security of any information you disclose online. Make any disclosures at your own risk.

When participating in a message board or chat, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in. Information obtained in a public forum may not be reliable, and it is not a good idea to take any action, based solely or largely on information you cannot confirm. PewterReport.com cannot be held responsible for the content or accuracy of any information, and shall not be responsible for decisions made based on such information.

Users or visitors shall remain solely responsible for the content of their messages in the message boards and in chat. PewterReport.com is not responsible for the content or opinions posted or sent by users in any message board. Each individual takes responsibility for postings under your username and use the information provided in the message board at your own risk. We reserve the right to remove or edit content from any message board at any time and for any reason although we have no duty to do so.

PEWTER REPORT RULES

The following is a list of the Pewter Report rules of conduct for PewterReport.com. By using PewterReport.com YOU AGREE NOT TO DO any of the following:

1. Post, distribute, or otherwise make available or transmit any data, text, message, or computer file that we deem to be: (a) defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking; (b) bigoted, hateful, or racially offensive; (c) vulgar, obscene, or sexually explicit (language or images); or that (d) encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
2. Post, distribute, or otherwise make available or transmit any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to: (a) copyright, patent, trademark, or other proprietary rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; (c) any confidentiality obligation;
3. Advertise or sell any products, services or otherwise (whether or not for profit), or solicit others or use any Forum for commercial purposes of any kind,
4. Post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component;
5. Impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;
6. Engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet;
7. Delete any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;

We reserve the right to remove any material, and if we deem appropriate, to turn over to law enforcement officials, any material, including message, e-mail, or posting, that is in violation of these rules set forth by Pewter Report, Inc. We also reserve the right to remove messages, e-mails, or postings that do not pertain to the designated topic or theme of the Forum.

We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using PewterReport.com in violation of the law.

CONTENT LINKED TO PEWTERREPORT.COM

You should be aware that when you are on PewterReport.com, you could be directed to other sites that are beyond our control. There are links to other sites from Pewter Report’s pages that take you outside of our service. For example, if you click on a banner advertisement, the click may take you off the PewterReport.com site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on a link that leaves PewterReport.com, the site you will land on is not controlled by us and different terms of use and privacy policy may apply. By clicking on links to other sites, you acknowledge that Pewter Report, Inc. is not responsible for those sites. We reserve the right to disable links from third-party sites to PewterReport.com, although we are under no obligation to do so.

DISCLAIMER

THE INFORMATION AND FILES IN PEWTERREPORT.COM ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS OF PEWTERREPORT.COM WILL BE UNINTERRUPTED OR ERROR-FEE, THAT DEFECTS WILL BE CORRECTED, OR THAT PEWTERREPORT.COM AND THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON PEWTERREPORT.COM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from PewterReport.com. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from PewterReport.com or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

INDEMNIFICATION

You are entirely responsible for maintaining the confidentiality of your member name(s), password(s), and your account, as well as all activities that occur under your account. You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, licensors, and licensees harmless from and against any and all liabilities and costs (including reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PEWTER REPORT, INC. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE PEWTERREPORT.COM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM PEWTERREPORT.COM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON PEWTERREPORT.COM; OR (v) ANY OTHER MATTER RELATING TO PEWTERREPORT.COM.

EXCLUSIONS AND LIMITATIONS

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 OF THIS AGREEMENT MAY NOT APPLY TO YOU.

NO AGENCY

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement.

NOTICES

Except as explicitly stated otherwise, legal notices shall be served on our registered agent (in the case of Pewter Report, Inc.) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

RESOLUTION OF DISPUTES

If a dispute arises between you and us, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Pewter Report, Inc. agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by contacting us at 8910 N Dale Mabry Hwy. Ste 37, Tampa, FL 33614.

We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

• Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of Florida as they apply to agreements entered into and to be performed entirely within Florida between Florida residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against us must be resolved by a court located in Hillsborough County, Florida, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Hillsborough County, Florida for the purpose of litigating all such claims or disputes.
• Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
• Improperly Filed Claims - All claims you bring against us must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, we may recover attorneys’ fees and costs up to $1000, provided that we have notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

GENERAL

Pewter Report, Inc., is located at 8910 N Dale Mabry Hwy. Ste 37, Tampa, FL 33614. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on PewterReport.com. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted on PewterReport.com. Additionally, we will notify you through PewterReport.com’s message center tools. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Disclaimer of Warranty, Limitation of Liability, Restrictions on Use of Content, Release, Content License, Liability, Indemnification and Resolution of Disputes.

You may report complaints to: Florida Department of Agriculture & Consumer Services Division of Consumer Services 2005 Apalachee Parkway Tallahassee, Florida 32399-6500 PHONE: (850) 488-2221 800-HELPFLA (435-7352) (FL ONLY) www.800helpfla.com

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