Terms and Conditions
Pitzer Digital LLC ("PITZER DIGITAL") offers this website, including all information, software, products and services available from this website or offered as part of or in conjunction with this website (the "website"), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. PITZER DIGITAL reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. Your continued use of the website constitutes your agreement to all such terms, conditions and notices, and any changes to the Terms and Conditions made by PITZER DIGITAL.
Personal and Noncommercial Use
The website is for your personal and noncommercial use. As a condition to your continued use of the website, you warrant to PITZER DIGITAL that you will not use the website for any purpose that is unlawful or prohibited by these terms and conditions of use.
No Warranties
USE THE WEBSITE AT YOUR OWN RISK. THIS WEBSITE IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. PITZER DIGITAL MAKES NO WARRANTY THAT ANY CONTENT CONTAINED ON THIS WEBSITE SATISFIES ANY APPLICABLE GOVERNMENT LAW, REGULATION OR REQUIREMENT. Neither PITZER DIGITAL nor its employees, agents, third-party information providers, merchants, licensors or the like warrant that the website or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the website on behalf of PITZER DIGITAL. PITZER DIGITAL reserves the right to change or discontinue at any time any aspect or feature of the website.
Exclusion of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PITZER DIGITAL OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEBSITE, DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT NO LICENSOR, SUPPLIER OR INFORMATION PROVIDER TO PITZER DIGITAL OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, OR ANY OF THEIR SUCCESSORS OR ASSIGNS, SHALL HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE WEBSITE. Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitation may not apply to you.
Indemnification
You agree to defend, indemnify and hold PITZER DIGITAL, its officers, directors, affiliated companies, employees and agents, licensors and suppliers harmless from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the PITZER DIGITAL site, or any content, product or service offered through the PITZER DIGITAL site, in a manner that violates or is alleged to violate these Terms and Conditions. PITZER DIGITAL shall provide notice to you of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
Featured Links and Advertisements
The website may contain hyperlinks to websites offered by parties other than PITZER DIGITAL. Such hyperlinks are provided for your reference and convenience only. PITZER DIGITAL does not control such other websites and is not responsible for their content; nor does PITZER DIGITAL's inclusion of hyperlinks to such websites imply any endorsement of the material on such websites or any association with their operators. Unless otherwise specifically stated on this website, PITZER DIGITAL does not endorse any product or service or make any representation regarding the reliability, quality or accuracy of any products or services featured in, or linked to, any advertisement appearing on this website.
Linking
Unless you are subsequently advised otherwise by PITZER DIGITAL, you are hereby licensed to create hyperlinks to the content on the website, provided that the hyperlink accurately describes the content as it appears on the website. PITZER DIGITAL reserves the right to revoke this license generally, or your right to use specific links, at any time, and may normally break any hyperlink after 14 days. Under no circumstances may you "frame" the website or any of its content or copy portions of the website to a server, except as part of an Internet service provider's incidental caching of pages. Each page within the website must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the website.
Software Available on website
Any software that is made available to download from this website is the copyrighted work of PITZER DIGITAL and/or its suppliers. Your use of the software is governed by the terms of the End User License Agreement, if any, that accompanies or is included with the software. You may not install or use any software without first agreeing to the terms of such End User License Agreement. For any software not accompanied by an End User License Agreement, PITZER DIGITAL hereby grants to you a personal, nontransferable, non-sublicensable license to use the software for viewing and other purposes within the scope of use of such software anticipated by PITZER DIGITAL in accordance with these terms and conditions, and for no other purpose. Any such software is provided to you subject to the warranty and liability exclusions set forth in these terms and conditions.
Copyright
Except for material in the public domain under United States copyright law, all material contained on the website (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the website without the prior consent of the copyright owner. None of the material contained on the PITZER DIGITAL site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of PITZER DIGITAL. Violation of this provision may result in severe civil and criminal penalties.
You may make single copies of materials displayed on the website for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the website. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from PITZER DIGITAL or the copyright owner of the copied material. Requests to reproduce materials on the website for distribution or other purposes should be mailed to:
PITZER DIGITAL GROUP, INC.
Contact us via e-mail
Trademarks
Trademarks appear on the website with permission from their respective owners. Your unauthorized use of trademarks appearing on the website may constitute trademark infringement, which could subject you to substantial civil penalties.
Termination of Privileges
PITZER DIGITAL reserves the right to terminate your privilege of using all or any portion of the website if you breach any of these terms and conditions of use. If PITZER DIGITAL receives notice or otherwise discovers that you have posted material that infringes another party's copyright or trademark rights or violates another party's rights of privacy or publicity, PITZER DIGITAL may terminate your access to the website, including all of your privileges or accounts that you may have established in connection with the website.
Copyright Infringement
PITZER DIGITAL will not tolerate copyright infringement of any kind. PITZER DIGITAL does not, however, monitor user-submitted materials for copyright infringement. If you believe that any material on the website infringes your copyright, you may seek to have the material removed by sending PITZER DIGITAL notice that includes all of the following information:
PITZER DIGITAL LLC.
314 M Street
Neligh, NE 68756
Contact us via e-mail
Upon receipt of notice complying with the above requirements, PITZER DIGITAL will act to remove infringing materials and, if applicable, send notice to the user that posted such materials on the website.
If PITZER DIGITAL removes materials posted by you as a user due to alleged copyright infringement, you may seek to have the materials reinstated by notifying PITZER DIGITAL's designated agent in writing and including the following information:
User Content
PITZER DIGITAL may allow you to upload, post, transmit or otherwise provide content to PITZER DIGITAL websites, including, but not limited to, photos, video, audio, comments, articles, blogs, forums and any other such communication in which you provide content to the WEBSITE ("User Content"). You agree that you are solely responsible for your communications and any content you provide.
Rules Governing User Content: In consideration for being allowed to post or contribute content, you agree that your failure to abide by the following rules in using the website shall constitute a material breach of these Terms and Conditions:
PITZER DIGITAL's Right to Remove User Content. PITZER DIGITAL does not assume any responsibility for the consequences of any user-generated or contributed content on the PITZER DIGITAL site. If notified by a user of communications that are alleged not to conform to the rules set forth in this Section, PITZER DIGITAL may investigate the allegation and determine in its sole discretion to remove or request the removal of the communications. PITZER DIGITAL reserves the right to remove communications that fail to conform to these Terms and Conditions. In addition, PITZER DIGITAL reserves the right (but is not obligated) to delete any User Content posted on the PITZER DIGITAL site, regardless of whether such communications violate these Terms and Conditions.
PITZER DIGITAL's Right to Use User Content. PITZER DIGITAL reserves the right to record, re-purpose or re-publish User Content on its websites, newspapers, broadcast stations or other publishing forums. By posting User Content, you are granting to PITZER DIGITAL and its licensees a worldwide, royalty-free, perpetual, non-exclusive and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any posting by you (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed.
Responsibility for User Content. You agree to defend, indemnify and hold harmless PITZER DIGITAL and its officers, directors, affiliated companies, employees, agents, licensors and suppliers, from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of any User-generated or Contributed Content or use by others of any User-generated or Contributed Content with respect to you, including, without limitation, any claim of libel, defamation, harassment, violation of rights of privacy or publicity, loss of service or infringement of intellectual property or other rights, or violation of these Terms and Conditions.
NOTE TO USERS. PITZER DIGITAL does not represent or guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by such users. ANY RELIANCE UPON USER CONTENT IS AT YOUR OWN RISK.
Termination of Privileges
PITZER DIGITAL reserves the right to terminate your privilege of using all or any portion of the website if you breach any of these terms and conditions of use. If PITZER DIGITAL receives notice or otherwise discovers that you have posted material that infringes another party's copyright or trademark rights or violates another party's rights of privacy or publicity, PITZER DIGITAL may terminate your access to the website, including all of your privileges or accounts that you may have established in connection with the website.
General
These Terms and Conditions (including the privacy policy attached hereto, which shall be deemed to be a part of these Terms and Conditions) constitute the entire agreement and understanding between you and PITZER DIGITAL with respect to use of the website, superseding all prior or contemporaneous communications and/or proposals. These Terms and Conditions also are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. PITZER DIGITAL reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. By continuing to use the website, you are agreeing to all changes made by PITZER DIGITAL. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Jurisdiction
The website is controlled and operated by PITZER DIGITAL from its principal office at 314 M Street, Neligh, Nebraska, United States of America. PITZER DIGITAL makes no representation that materials on the website are appropriate or available for use in other locations. Those who choose to access the website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The website is not intended to subject PITZER DIGITAL to the laws or jurisdiction of any state, country or territory other than Neligh, Nebraska and the United States of America.
PITZER DIGITAL PRIVACY POLICY
For each visitor to the website, PITZER DIGITAL's servers automatically collect information about which pages are visited and the domain name of visitors. This information is used for internal review, to tailor information to individual visitors and for website traffic audits. We also provide this information (as well as information from third-party market researchers) about our users on an aggregated, anonymous basis to our advertisers.
PITZER DIGITAL may place a "cookie" on the browser of your computer. The cookie itself does not contain any personally identifying information. A cookie may be used to tell when your computer has contacted the website. PITZER DIGITAL uses the information for editorial purposes and for other purposes such as delivery of features and advertisements, so PITZER DIGITAL can customize delivery of information to you without compromising privacy. For example, cookies may be used to ensure that you will not see the same banner advertisement too often in a single session.
PITZER DIGITAL may, in the course of providing services through its websites, ask you to disclose voluntarily certain information about yourself. This could include information that identifies you or your household. Any information in PITZER DIGITAL's possession solely as a result of your use of the website and that is associated with you or your household is considered "Personal Information." It consists of both information supplied by you (e.g. name, address, telephone number and e-mail address) and information collected about how you use the website (e.g. the fact that you have bought merchandise through the website). 'Personal Information' does not include statistical data about large numbers of users, none of whom are identifiable, nor does it include information that you have posted for public view on the website or otherwise publicly disclosed.
Like many other commercial sites, our site may utilize an electronic file called a Web beacon to count users who have visited a page or recognize users by accessing certain cookies. Our site and/or the websites of advertisers and merchants with which we have a relationship may use Web beacons (a) for auditing purposes and to collect information from the websites of certain advertisers or merchants; (b) to report anonymous individual and/or aggregate information about our users from such advertisers or merchants. Aggregate information may include demographic and usage information. No personally identifiable information about you is shared with such advertisers or merchants. You may choose to opt-out by contacting us in accordance with the information set forth at the bottom of this policy.
In addition, PITZER DIGITAL service providers and third-party advertising service providers may use their own cookies, web beacons and other technologies to collect the information listed above. The data collected in connection with ad serving and ad targeting does not include your name, postal address, email address, telephone number, birthdate or gender unless you affirmatively provide information within the ad. However, it may include device identifying information such as the IP address, MAC address, cookie or other device-specific unique ID. These service providers also may assign an anonymous identifier to the tracking pixel or session cookie.
The collection of information by our service providers and third-party advertising service providers is governed by their relevant privacy notices, for which we have no responsibility or liability, and are not covered by our Privacy Policy. If you have any questions regarding the privacy notice of one of our service providers, you should contact the service provider directly for more information.
How does the website use the information it gathers?
Information collected on the website, including traffic patterns and user behavior, is used primarily for the following purposes:
Facebook Connect
Our website may allow users to access Facebook Connect to interact with friends and to share on Facebook through Wall and friends' News Feeds. If you are logged into our website and Facebook, when you click on "Connect with Facebook" your profiles will merge if the email addresses match. If the email addresses don't match, we ask you if you want to merge them and you must enter your website password to validate that they control that account. If you are already logged into our website but not logged into Facebook, when you click on "Connect with Facebook" you will be prompted to enter your Facebook credentials or to "Sign up for Facebook." By proceeding you are allowing the website to access your information and you are agreeing to the Facebook Terms of Use in your use of our website. Similar access to your information may occur if the website allows users to access other social applications similar to Facebook.
Conversely, if you are not currently registered as an the website user and you click on "Sign in Using Facebook," you will first be asked to enter your Facebook credentials and then be given the option to register and join the website. Once you register on our website and Connect with Facebook, you will be able to automatically post recent activity back to Facebook. You have the option to disable Facebook Connect at any time by logging into "My Profile" and clicking on "My Facebook Profile." Further, you can edit privacy settings for the reviews that appear on Facebook or disconnect this service by visiting the Facebook Application Settings page.
Links
The PITZER DIGITAL site contains links to other sites. PITZER DIGITAL is not responsible for the privacy practices or the content of such website, including any sites that may indicate a special relationship or partnership with PITZER DIGITAL (such as co-branded pages or "powered by" or "in cooperation with" relationships). PITZER DIGITAL does not disclose personally identifiable information or unique identifiers to those responsible for the linked sites. The linked sites, however, may collect personal information from you that is not subject to PITZER DIGITAL's control. To ensure protection of your privacy, always review the privacy policy of the sites you may visit by linking from the PITZER DIGITAL site.
Opt Out Procedures
You always may opt out of receiving future mailings or other information from PITZER DIGITAL. If the mailing does not have an e-mail cancellation form, send us an e-mail the type of information that you no longer desire to receive.
You may opt out of any or all contacts from the website at any time. All e-mails sent to you from the website will allow you to opt out of any further e-mail from us. You may e-mail us to opt out of our email programs. You may also write or call us at the following address and phone number to notify us regarding use of your information: 314 M Street, Neligh, NE 68756; phone: 402-887-4000.
When you register on the website, you will be given the opportunity to opt out of further communication from us.
You may accept certain kinds of contact and decline others. For example, you may choose to accept e-mails, but not postal mail or telephone calls.
If, at any time in the future, the website decides to use information provided by you in a way not described here, we will contact you beforehand to explain the use of the information and give you the opportunity to decline that use.
Children's Privacy
The following additional terms, conditions and notices apply to use of the website by children under the age of 13 years whenever PITZER DIGITAL becomes aware that a user is in that age range:
Cancellation & Refund Policies
A subscription to any of our products can be cancelled at any time. Subscriber refunds will be issued within 30 days of cancellation for the entire credit balance on the account at the time of cancellation. Refunds will be issued per the original method of payment.
The PITZER DIGITAL will charge a $25 processing fee for refunds remitted to the customer.
Advertiser refunds will be granted upon cancellation of an entire run schedule if notice of cancellation is received from the advertiser prior to the beginning of the run schedule. Refunds will be issued per the original method of payment and will be processed within 14 business days of the request.
Account Setup Fee
All new subscriptions and restarts of subscriptions stopped for 30 days or more may be charged a one-time account setup fee of $5.95, this would shorten your subscription expiration date.
General
These Terms and Conditions constitute the entire agreement and understanding between you and PITZER DIGITAL with respect to use of the website, superseding all prior or contemporaneous communications and/or proposals. PITZER DIGITAL reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. By continuing to use the website, you are agreeing to all changes made by PITZER DIGITAL. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The website is controlled and operated by PITZER DIGITAL from its principal office in the NELIGH, NEBRASKA, USA. PITZER DIGITAL makes no representation that materials on the website are appropriate or available for use in other locations. Those who choose to access the website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The website is not intended to subject PITZER DIGITAL to the laws or jurisdiction of any state, country or territory other than the State/Commonwealth of Nebraska and the United States of America.
Contacting Us
If you have any questions about this privacy statement, the practices of the PITZER DIGITAL site, or your dealings with PITZER DIGITAL, you may contact us at:
PITZER DIGITAL LLC.
Contact us via e-mail
Pitzer Digital LLC ("PITZER DIGITAL") offers this website, including all information, software, products and services available from this website or offered as part of or in conjunction with this website (the "website"), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. PITZER DIGITAL reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. Your continued use of the website constitutes your agreement to all such terms, conditions and notices, and any changes to the Terms and Conditions made by PITZER DIGITAL.
Personal and Noncommercial Use
The website is for your personal and noncommercial use. As a condition to your continued use of the website, you warrant to PITZER DIGITAL that you will not use the website for any purpose that is unlawful or prohibited by these terms and conditions of use.
No Warranties
USE THE WEBSITE AT YOUR OWN RISK. THIS WEBSITE IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. PITZER DIGITAL MAKES NO WARRANTY THAT ANY CONTENT CONTAINED ON THIS WEBSITE SATISFIES ANY APPLICABLE GOVERNMENT LAW, REGULATION OR REQUIREMENT. Neither PITZER DIGITAL nor its employees, agents, third-party information providers, merchants, licensors or the like warrant that the website or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the website on behalf of PITZER DIGITAL. PITZER DIGITAL reserves the right to change or discontinue at any time any aspect or feature of the website.
Exclusion of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PITZER DIGITAL OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEBSITE, DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT NO LICENSOR, SUPPLIER OR INFORMATION PROVIDER TO PITZER DIGITAL OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, OR ANY OF THEIR SUCCESSORS OR ASSIGNS, SHALL HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE WEBSITE. Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitation may not apply to you.
Indemnification
You agree to defend, indemnify and hold PITZER DIGITAL, its officers, directors, affiliated companies, employees and agents, licensors and suppliers harmless from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the PITZER DIGITAL site, or any content, product or service offered through the PITZER DIGITAL site, in a manner that violates or is alleged to violate these Terms and Conditions. PITZER DIGITAL shall provide notice to you of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
Featured Links and Advertisements
The website may contain hyperlinks to websites offered by parties other than PITZER DIGITAL. Such hyperlinks are provided for your reference and convenience only. PITZER DIGITAL does not control such other websites and is not responsible for their content; nor does PITZER DIGITAL's inclusion of hyperlinks to such websites imply any endorsement of the material on such websites or any association with their operators. Unless otherwise specifically stated on this website, PITZER DIGITAL does not endorse any product or service or make any representation regarding the reliability, quality or accuracy of any products or services featured in, or linked to, any advertisement appearing on this website.
Linking
Unless you are subsequently advised otherwise by PITZER DIGITAL, you are hereby licensed to create hyperlinks to the content on the website, provided that the hyperlink accurately describes the content as it appears on the website. PITZER DIGITAL reserves the right to revoke this license generally, or your right to use specific links, at any time, and may normally break any hyperlink after 14 days. Under no circumstances may you "frame" the website or any of its content or copy portions of the website to a server, except as part of an Internet service provider's incidental caching of pages. Each page within the website must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the website.
Software Available on website
Any software that is made available to download from this website is the copyrighted work of PITZER DIGITAL and/or its suppliers. Your use of the software is governed by the terms of the End User License Agreement, if any, that accompanies or is included with the software. You may not install or use any software without first agreeing to the terms of such End User License Agreement. For any software not accompanied by an End User License Agreement, PITZER DIGITAL hereby grants to you a personal, nontransferable, non-sublicensable license to use the software for viewing and other purposes within the scope of use of such software anticipated by PITZER DIGITAL in accordance with these terms and conditions, and for no other purpose. Any such software is provided to you subject to the warranty and liability exclusions set forth in these terms and conditions.
Copyright
Except for material in the public domain under United States copyright law, all material contained on the website (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the website without the prior consent of the copyright owner. None of the material contained on the PITZER DIGITAL site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of PITZER DIGITAL. Violation of this provision may result in severe civil and criminal penalties.
You may make single copies of materials displayed on the website for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the website. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from PITZER DIGITAL or the copyright owner of the copied material. Requests to reproduce materials on the website for distribution or other purposes should be mailed to:
PITZER DIGITAL GROUP, INC.
Contact us via e-mail
Trademarks
Trademarks appear on the website with permission from their respective owners. Your unauthorized use of trademarks appearing on the website may constitute trademark infringement, which could subject you to substantial civil penalties.
Termination of Privileges
PITZER DIGITAL reserves the right to terminate your privilege of using all or any portion of the website if you breach any of these terms and conditions of use. If PITZER DIGITAL receives notice or otherwise discovers that you have posted material that infringes another party's copyright or trademark rights or violates another party's rights of privacy or publicity, PITZER DIGITAL may terminate your access to the website, including all of your privileges or accounts that you may have established in connection with the website.
Copyright Infringement
PITZER DIGITAL will not tolerate copyright infringement of any kind. PITZER DIGITAL does not, however, monitor user-submitted materials for copyright infringement. If you believe that any material on the website infringes your copyright, you may seek to have the material removed by sending PITZER DIGITAL notice that includes all of the following information:
- your full name, address and telephone number
- your e-mail address
- identification of the copyrighted work(s) that you believe is being infringed
- identification of the infringing material and information sufficient for PITZER DIGITAL to locate the material
- your statement of good faith belief that (a) the material infringes your copyrights, (b) the information provided in the notice is accurate and (c) under penalty of perjury, you are authorized to act for the copyright owner
- your physical or electronic signature
PITZER DIGITAL LLC.
314 M Street
Neligh, NE 68756
Contact us via e-mail
Upon receipt of notice complying with the above requirements, PITZER DIGITAL will act to remove infringing materials and, if applicable, send notice to the user that posted such materials on the website.
If PITZER DIGITAL removes materials posted by you as a user due to alleged copyright infringement, you may seek to have the materials reinstated by notifying PITZER DIGITAL's designated agent in writing and including the following information:
- your full name, address and telephone number
- your e-mail address
- identification of the material that has been removed or to which access has been disabled, including its location before it was removed or disabled
- your statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material
- your statement consenting to the jurisdiction of the Federal District Court for the district in which your address is located, or, if you reside outside of the United States, Omaha, Nebraska (where PITZER DIGITAL may be found), and that you will accept service of process from the person who provided notice of copyright infringement or from such person's agent
- your physical or electronic signature
User Content
PITZER DIGITAL may allow you to upload, post, transmit or otherwise provide content to PITZER DIGITAL websites, including, but not limited to, photos, video, audio, comments, articles, blogs, forums and any other such communication in which you provide content to the WEBSITE ("User Content"). You agree that you are solely responsible for your communications and any content you provide.
Rules Governing User Content: In consideration for being allowed to post or contribute content, you agree that your failure to abide by the following rules in using the website shall constitute a material breach of these Terms and Conditions:
- Do not disrespect the privacy and views of others, or use the service to stalk or harass another;
- Do not use or provide User Content for commercial purposes, including but not limited to the promotion of any specific goods or services;
- Do not provide User Content that is harmful to minors in any way;
- Do not provide obscene, profane, sexually explicit, libelous, slanderous, defamatory, harmful, threatening, illegal or knowingly false User Content;
- Do not provide User Content containing expressions of bigotry, racism or hate;
- Do not provide User Content encouraging conduct that may constitute or contribute to a criminal offense, give rise to civil liability or violate any national, state or local law, regulation or authority;
- Do not impersonate another person, or permit any other person or entity to use your identification to post or view User Content;
- Do not provide User Content that infringes on the copyright, trademark, patent, trade secret or other intellectual property rights of others;
- Do not provide User Content that violates the privacy or publicity rights of others;
- Do not provide User Content that supports or provides 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; and
- Do not provide User Content containing malicious code, including but not limited to computer viruses, Trojan horses, or other programs designed to disrupt, damage or restrict the use of any computer software or hardware or telecommunications equipment.
PITZER DIGITAL's Right to Remove User Content. PITZER DIGITAL does not assume any responsibility for the consequences of any user-generated or contributed content on the PITZER DIGITAL site. If notified by a user of communications that are alleged not to conform to the rules set forth in this Section, PITZER DIGITAL may investigate the allegation and determine in its sole discretion to remove or request the removal of the communications. PITZER DIGITAL reserves the right to remove communications that fail to conform to these Terms and Conditions. In addition, PITZER DIGITAL reserves the right (but is not obligated) to delete any User Content posted on the PITZER DIGITAL site, regardless of whether such communications violate these Terms and Conditions.
PITZER DIGITAL's Right to Use User Content. PITZER DIGITAL reserves the right to record, re-purpose or re-publish User Content on its websites, newspapers, broadcast stations or other publishing forums. By posting User Content, you are granting to PITZER DIGITAL and its licensees a worldwide, royalty-free, perpetual, non-exclusive and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any posting by you (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed.
Responsibility for User Content. You agree to defend, indemnify and hold harmless PITZER DIGITAL and its officers, directors, affiliated companies, employees, agents, licensors and suppliers, from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of any User-generated or Contributed Content or use by others of any User-generated or Contributed Content with respect to you, including, without limitation, any claim of libel, defamation, harassment, violation of rights of privacy or publicity, loss of service or infringement of intellectual property or other rights, or violation of these Terms and Conditions.
NOTE TO USERS. PITZER DIGITAL does not represent or guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by such users. ANY RELIANCE UPON USER CONTENT IS AT YOUR OWN RISK.
Termination of Privileges
PITZER DIGITAL reserves the right to terminate your privilege of using all or any portion of the website if you breach any of these terms and conditions of use. If PITZER DIGITAL receives notice or otherwise discovers that you have posted material that infringes another party's copyright or trademark rights or violates another party's rights of privacy or publicity, PITZER DIGITAL may terminate your access to the website, including all of your privileges or accounts that you may have established in connection with the website.
General
These Terms and Conditions (including the privacy policy attached hereto, which shall be deemed to be a part of these Terms and Conditions) constitute the entire agreement and understanding between you and PITZER DIGITAL with respect to use of the website, superseding all prior or contemporaneous communications and/or proposals. These Terms and Conditions also are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. PITZER DIGITAL reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. By continuing to use the website, you are agreeing to all changes made by PITZER DIGITAL. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Jurisdiction
The website is controlled and operated by PITZER DIGITAL from its principal office at 314 M Street, Neligh, Nebraska, United States of America. PITZER DIGITAL makes no representation that materials on the website are appropriate or available for use in other locations. Those who choose to access the website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The website is not intended to subject PITZER DIGITAL to the laws or jurisdiction of any state, country or territory other than Neligh, Nebraska and the United States of America.
PITZER DIGITAL PRIVACY POLICY
For each visitor to the website, PITZER DIGITAL's servers automatically collect information about which pages are visited and the domain name of visitors. This information is used for internal review, to tailor information to individual visitors and for website traffic audits. We also provide this information (as well as information from third-party market researchers) about our users on an aggregated, anonymous basis to our advertisers.
PITZER DIGITAL may place a "cookie" on the browser of your computer. The cookie itself does not contain any personally identifying information. A cookie may be used to tell when your computer has contacted the website. PITZER DIGITAL uses the information for editorial purposes and for other purposes such as delivery of features and advertisements, so PITZER DIGITAL can customize delivery of information to you without compromising privacy. For example, cookies may be used to ensure that you will not see the same banner advertisement too often in a single session.
PITZER DIGITAL may, in the course of providing services through its websites, ask you to disclose voluntarily certain information about yourself. This could include information that identifies you or your household. Any information in PITZER DIGITAL's possession solely as a result of your use of the website and that is associated with you or your household is considered "Personal Information." It consists of both information supplied by you (e.g. name, address, telephone number and e-mail address) and information collected about how you use the website (e.g. the fact that you have bought merchandise through the website). 'Personal Information' does not include statistical data about large numbers of users, none of whom are identifiable, nor does it include information that you have posted for public view on the website or otherwise publicly disclosed.
Like many other commercial sites, our site may utilize an electronic file called a Web beacon to count users who have visited a page or recognize users by accessing certain cookies. Our site and/or the websites of advertisers and merchants with which we have a relationship may use Web beacons (a) for auditing purposes and to collect information from the websites of certain advertisers or merchants; (b) to report anonymous individual and/or aggregate information about our users from such advertisers or merchants. Aggregate information may include demographic and usage information. No personally identifiable information about you is shared with such advertisers or merchants. You may choose to opt-out by contacting us in accordance with the information set forth at the bottom of this policy.
In addition, PITZER DIGITAL service providers and third-party advertising service providers may use their own cookies, web beacons and other technologies to collect the information listed above. The data collected in connection with ad serving and ad targeting does not include your name, postal address, email address, telephone number, birthdate or gender unless you affirmatively provide information within the ad. However, it may include device identifying information such as the IP address, MAC address, cookie or other device-specific unique ID. These service providers also may assign an anonymous identifier to the tracking pixel or session cookie.
The collection of information by our service providers and third-party advertising service providers is governed by their relevant privacy notices, for which we have no responsibility or liability, and are not covered by our Privacy Policy. If you have any questions regarding the privacy notice of one of our service providers, you should contact the service provider directly for more information.
How does the website use the information it gathers?
Information collected on the website, including traffic patterns and user behavior, is used primarily for the following purposes:
- Internal research. The website is continuously assessing how visitors use the site. This data assists us in making decisions about how to improve the site and to better serve our users. Research data are aggregated and do not include data about specific individuals. We may share aggregated research (but not individual user information) with our advertisers or business partners. Additionally, the website may use your information to contact you to ask for your participation in a focus group, survey, or some other type of research effort.
- To customize your experience on the website. As the website improves its service, it may offer users more opportunities to customize content and other aspects of the site. Information provided by you may be used to assist in the customization process, if you elect to participate in these features.
- To tailor advertising efforts. Most of the information and services available to you at the website are free. In order to continue providing services free of charge, the website sells advertising. Advertisers prefer to target their communication toward audiences who are most likely to be interested in their products. The information gathered on the website helps us advise advertisers in general terms about certain aspects of site visitors (e.g. how visitors use the site, general demographic attributes of visitors, usage patterns on various parts of our site, etc.). This information helps both advertisers and the website make better decisions about where to place advertising. This information may also be used to send targeted marketing, such as emails, to users that we think would be interested in such marketing. Visitors who choose to conduct financial transactions with advertisers on the website may also provide specific data to those advertisers during the process of their transactions. Additionally, any information provided during the purchase on the website of products or services will result in the collection of certain information required to complete the transaction.
- To use third party service providers. We provide some services and products through third parties. These third party service providers may perform functions on our behalf, like sending out and distributing promotional emails. We may share your personally identifiable information with such service providers as necessary to allow those service providers to fulfill orders, send mail or email, administer contests or sweepstakes, remove repetitive information on customer lists, analyze data, provide marketing assistance, provide search results and links, process credit card payments, operate the website, troubleshoot, or provide customer service. We may also collect personal information from individuals and companies with whom we have business relationships ("Affiliates") and may share your information with service providers to accomplish our administrative tasks. For example, when you order a service, the third party payment processor we use releases your credit card information to the card-issuing bank to confirm payment for the service. The use of your personally identifiable information by these third parties is governed by the privacy policies of these third parties and is not subject to our control.
- E-mail addresses. If you supply the website with your e-mail address, either by registering on the site, by communicating with us via e-mail, or signing up for promotional offers or emails we may, from time to time, send you information that we believe would be of interest to you via e-mail. This information may be from the website or sent by us on behalf of one of our quality advertisers. Note: If we send you e-mail on behalf of another company, your personally identifiable information is not disclosed to that company unless you purchase a product or service from that company in which case it may need your information to fulfill your purchase. Rather, the company provides us with the information it wants to send, and we prepare and send the e-mail directly to you. We may use a third party service provider to manage or send emails on our behalf, but that third party is only authorized to use your information as necessary to send our email to you and it is not authorized to sell or transfer your information.
- Postal addresses. If you supply the website with your postal address, we may send you periodic mailings with information on new products, coming events, surveys or other research materials, or other information we think might be of interest to you.
- Telephone numbers. If you provide your telephone number or cell phone number, the website may call or text you regarding orders you have placed online, to tell you about new products, services, or coming events, or to offer other information that may interest you. Additionally, the website or one of its agents may call you for research purposes.
- Sale transaction information. From time to time, we provide offers from our advertisers who, as part of their offer, request information on customers who purchased their offer in order to allow the advertiser to fulfill the purchase. In those cases, we share some of your personally identifiable information with that advertiser. Sharing this Information may allow that advertiser to market directly to you should it choose to do so.
- Business transfer. We may also share your information in the case our business is sold or transferred. If this occurs, the successor company would acquire the information we maintain, including personally identifiable information.
Facebook Connect
Our website may allow users to access Facebook Connect to interact with friends and to share on Facebook through Wall and friends' News Feeds. If you are logged into our website and Facebook, when you click on "Connect with Facebook" your profiles will merge if the email addresses match. If the email addresses don't match, we ask you if you want to merge them and you must enter your website password to validate that they control that account. If you are already logged into our website but not logged into Facebook, when you click on "Connect with Facebook" you will be prompted to enter your Facebook credentials or to "Sign up for Facebook." By proceeding you are allowing the website to access your information and you are agreeing to the Facebook Terms of Use in your use of our website. Similar access to your information may occur if the website allows users to access other social applications similar to Facebook.
Conversely, if you are not currently registered as an the website user and you click on "Sign in Using Facebook," you will first be asked to enter your Facebook credentials and then be given the option to register and join the website. Once you register on our website and Connect with Facebook, you will be able to automatically post recent activity back to Facebook. You have the option to disable Facebook Connect at any time by logging into "My Profile" and clicking on "My Facebook Profile." Further, you can edit privacy settings for the reviews that appear on Facebook or disconnect this service by visiting the Facebook Application Settings page.
Links
The PITZER DIGITAL site contains links to other sites. PITZER DIGITAL is not responsible for the privacy practices or the content of such website, including any sites that may indicate a special relationship or partnership with PITZER DIGITAL (such as co-branded pages or "powered by" or "in cooperation with" relationships). PITZER DIGITAL does not disclose personally identifiable information or unique identifiers to those responsible for the linked sites. The linked sites, however, may collect personal information from you that is not subject to PITZER DIGITAL's control. To ensure protection of your privacy, always review the privacy policy of the sites you may visit by linking from the PITZER DIGITAL site.
Opt Out Procedures
You always may opt out of receiving future mailings or other information from PITZER DIGITAL. If the mailing does not have an e-mail cancellation form, send us an e-mail the type of information that you no longer desire to receive.
You may opt out of any or all contacts from the website at any time. All e-mails sent to you from the website will allow you to opt out of any further e-mail from us. You may e-mail us to opt out of our email programs. You may also write or call us at the following address and phone number to notify us regarding use of your information: 314 M Street, Neligh, NE 68756; phone: 402-887-4000.
When you register on the website, you will be given the opportunity to opt out of further communication from us.
You may accept certain kinds of contact and decline others. For example, you may choose to accept e-mails, but not postal mail or telephone calls.
If, at any time in the future, the website decides to use information provided by you in a way not described here, we will contact you beforehand to explain the use of the information and give you the opportunity to decline that use.
Children's Privacy
The following additional terms, conditions and notices apply to use of the website by children under the age of 13 years whenever PITZER DIGITAL becomes aware that a user is in that age range:
- Users under 13 years of age may not submit or post information on the website without the consent of the user's parent or legal guardian. Prior to collecting any personal information about a child under 13, PITZER DIGITAL makes reasonable efforts to obtain consent from the child's parent after informing the parent about the types of information PITZER DIGITAL will collect, how it will be used, and under what circumstances it will be disclosed.
- Although PITZER DIGITAL will apply these children's terms and conditions whenever it becomes aware that a user who submits Personal Information is less than 13 years old, no method is foolproof. PITZER DIGITAL strongly encourages parents and guardians to supervise their children's online activities and consider using parental control tools available from online services and software manufacturers to help provide a child-friendly online environment. These tools also can prevent children from disclosing online their name, address, and other personal information without parental permission.
- "Personal information" collected from children may include any of the information defined above as "Personal Information" with respect to general users of the website and may be used by PITZER DIGITAL for the same purposes. Except as necessary to process a child's requests or orders placed with advertisers or merchants featured on the website, PITZER DIGITAL does not rent, sell, barter or give away any lists containing a child's Personal Information for use by any outside company.
- If a child enters a game, contest or other activity sponsored by PITZER DIGITAL on the website, the child may be required by PITZER DIGITAL to provide the minimum Personal Information reasonably necessary for the child to participate in such activity.
- A child's parent or legal guardian may request PITZER DIGITAL to provide a description of the Personal Information that PITZER DIGITAL has collected from the child, as well as instruct PITZER DIGITAL to cease further use, maintenance and collection of Personal Information from the child.
- If a child voluntarily discloses his or her name, e-mail address or other personally-identifying information on chat areas, bulletin boards or other forums or public posting areas, such disclosures may result in unsolicited messages from other parties.
Cancellation & Refund Policies
A subscription to any of our products can be cancelled at any time. Subscriber refunds will be issued within 30 days of cancellation for the entire credit balance on the account at the time of cancellation. Refunds will be issued per the original method of payment.
The PITZER DIGITAL will charge a $25 processing fee for refunds remitted to the customer.
Advertiser refunds will be granted upon cancellation of an entire run schedule if notice of cancellation is received from the advertiser prior to the beginning of the run schedule. Refunds will be issued per the original method of payment and will be processed within 14 business days of the request.
Account Setup Fee
All new subscriptions and restarts of subscriptions stopped for 30 days or more may be charged a one-time account setup fee of $5.95, this would shorten your subscription expiration date.
General
These Terms and Conditions constitute the entire agreement and understanding between you and PITZER DIGITAL with respect to use of the website, superseding all prior or contemporaneous communications and/or proposals. PITZER DIGITAL reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. By continuing to use the website, you are agreeing to all changes made by PITZER DIGITAL. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The website is controlled and operated by PITZER DIGITAL from its principal office in the NELIGH, NEBRASKA, USA. PITZER DIGITAL makes no representation that materials on the website are appropriate or available for use in other locations. Those who choose to access the website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The website is not intended to subject PITZER DIGITAL to the laws or jurisdiction of any state, country or territory other than the State/Commonwealth of Nebraska and the United States of America.
Contacting Us
If you have any questions about this privacy statement, the practices of the PITZER DIGITAL site, or your dealings with PITZER DIGITAL, you may contact us at:
PITZER DIGITAL LLC.
Contact us via e-mail
