Terms of Service

The following terms and conditions govern all use of the Precise Global Translations, Inc. website and services (the "Services"), including any new features and applications. These Terms of Service apply to all circumstances and matters arising from or relating to the use of the Services and any other platforms that reference these Terms.

"You" and "your" refers to you, a visitor to or user of the site or Services. If you agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity, and "you" refers to that entity.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do so, we will post the changes on this page along with the date last revised. If we make material changes, we will notify you by email and/or by pop-up notification on the site. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

Access and Use of the Service

The Service provides efficient online interpretation, translation, and other document-related services.

Registration

You may have to register with PGT to access and use certain features of the Service. If you register, you agree to provide and maintain true, accurate, current, and complete information as prompted by the registration form. If you are under 16, you may not use the Service. If you are under 18, you may use the Service only with your parent or guardian's approval.

Account, Password, and Security

You are responsible for maintaining the confidentiality of your password and account, and for all activities that occur under your account. You agree to (a) immediately notify PGT of any unauthorized use of your account or any other breach of security, and (b) log out at the end of each session. PGT will not be liable for any loss arising from your failure to comply with this section.

Modifications to Service

PGT reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. PGT will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

Use, Storage, and Data Retention

PGT may establish general practices, policies, and limitations concerning the Service, including maximum retention times for documents, data, or other content. PGT has no responsibility or liability for the deletion or failure to store any content. PGT reserves the right to terminate accounts that are inactive for an extended period of time.

Conditions of Use

User Conduct

You are solely responsible for all documents, information, data, text, images, software, and other materials ("content") that you upload, post, publish, display, or otherwise transmit via the Service.

You agree not to use the Service to upload any content that:

• Infringes any intellectual property or other proprietary rights of any party;
• You do not have a right to upload under any law or under contractual or fiduciary relationships;
• Contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
• Poses or creates a privacy or security risk to any person;
• Constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or "pyramid schemes";
• Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or otherwise objectionable;
• Exposes PGT or its users to any harm or liability of any type;
• Interferes with or disrupts the Service or networks connected to the Service;
• Violates any local, state, national, or international law;
• Impersonates any person or entity, or falsely represents your affiliation with a person or entity;
• Solicits any personally identifiable information from anyone under the age of 18;
• Harvests or collects email addresses or other contact information from other users to send unsolicited communications;
• Advertises or offers to sell or buy any goods or services for any business purpose not specifically authorized;
• Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities.

Fees

To use the Services, you will be required to make one or more payments and provide payment instrument information. You represent and warrant that such information is true and that you are authorized to use the payment instrument provided. You agree to promptly update your account with any changes to your billing information.

PGT may bill through an invoice, in which case full payment for invoices issued in any given month must be received by PGT within thirty (30) days after the invoice date, or Services may be suspended. Unpaid invoices are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, plus all expenses of collection.

If you dispute any charges you must let PGT know within sixty (60) days after the date PGT invoices you. PGT reserves the right to change prices at any time. Your continued use of the Service after a price change constitutes your agreement to pay the changed amount.

Terms of Sale and Refund Policy

Once an order has been marked as "In Progress," as indicated on the order status page, the order cannot be refunded. All other refunds shall be issued at PGT's sole discretion. You are responsible for all applicable taxes associated with Services, other than U.S. taxes based on PGT's net income.

Should PGT fail to provide any requested Service, your sole and exclusive remedy shall be to have the requested Service provided as soon as commercially reasonable, unless otherwise guaranteed or stipulated on the Site.

Intellectual Property Rights and Confidentiality

Service Content, Software, and Trademarks

You acknowledge and agree that the Service may contain content or features that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as authorized by PGT, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content.

The PGT name and logos are trademarks and service marks of PGT. Other company, product, and service names and logos used via the Service may be trademarks or service marks of their respective owners. Nothing in these Terms grants any license or right to use any PGT trademarks without prior written permission.

User Content

With respect to content or materials you upload through the Service ("User Content"), you represent and warrant that you own all right, title, and interest in such User Content. By uploading any User Content, you grant PGT and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Service. This provision does not apply to Confidential Information (as described below).

You acknowledge that PGT may preserve content and may also disclose User Content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms, or protect the rights, property, or safety of PGT, its users, or the public.

Confidentiality

Any content you provide to PGT so that PGT may provide the Services will be your "Confidential Information," except to the extent that such content (a) is known to PGT before receipt from you through a source without an obligation of confidentiality; (b) becomes known to PGT independently; or (c) is or becomes publicly known, except through a breach of these Terms.

PGT will use the Confidential Information solely to provide the Services. PGT will not, without your prior consent, disclose your Confidential Information to any third party, other than to PGT's directors, officers, employees, agents, consultants, contractors, representatives, vendors, or affiliated entities who need access to the Confidential Information in connection with the permitted purpose. PGT will use at least reasonable care to protect the confidentiality of your Confidential Information.

If PGT is required by law to disclose any of your Confidential Information, PGT will use commercially reasonable efforts to give you notice of such requirement and will permit you to intervene in any proceedings to protect your interests.

Copyright Complaints (DMCA)

PGT respects the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement, notify PGT's Copyright Agent at info@pgt.email with the subject line "DMCA Takedown Request."

To be effective, the notification must include:

• An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
• A description of the copyrighted work or other intellectual property you claim has been infringed;
• A description of where the allegedly infringing material is located on the Service;
• Your address, telephone number, and email address;
• A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property owner, or authorized to act on their behalf.

PGT has adopted a policy of terminating, in appropriate circumstances, users deemed to be repeat infringers under the DMCA and other applicable law.

Third-Party Websites

The Service may provide links or other access to third-party sites and resources on the Internet. PGT has no control over such sites and resources and is not responsible for, and does not endorse, such sites and resources. PGT will not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods, or services available on or through any such site or resource.

Indemnity and Release

You agree to release, indemnify, and hold PGT and its affiliates and their officers, employees, directors, and agents harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another.

If you are a California resident, you waive California Civil Code Section 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."

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, EXCEPT WHERE EXPLICITLY GUARANTEED OTHERWISE BY PGT. PGT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

PGT MAKES NO WARRANTY THAT:

• THE SERVICE WILL MEET YOUR REQUIREMENTS;
• THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR
• THE QUALITY OF ANY DOCUMENTS, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PGT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PGT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM:

• THE USE OR THE INABILITY TO USE THE SERVICE;
• THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
• ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL PGT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID PGT IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

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 limitations set forth above may not apply to you. If you are dissatisfied with any portion of the Service or with these Terms of Service, your sole and exclusive remedy is to discontinue use of the Service.

Disputes, Choice of Law, and Forum

Agreement to Binding Arbitration

You understand and agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service, the parties' relationship with each other, and/or your use of any PGT Service, including any claim or controversy as to arbitrability ("Dispute"), shall be finally and exclusively settled by arbitration. Nothing in this clause shall bar a party from seeking injunctive relief in emergent circumstances, including but not limited to the dissemination of its intellectual property.

Such arbitration shall be administered by the American Arbitration Association ("AAA") under AAA's Commercial Arbitration Rules and Mediation Procedures and Consumer-Related Disputes Supplementary Procedures, excluding any rules or procedures governing or permitting class actions. No Dispute shall be settled or litigated by a lawsuit or resort to court process, except as Maryland or any other applicable state law provides for judicial review of arbitration proceedings.

You agree that any arbitration shall be conducted in Anne Arundel County, Maryland. In any arbitration, the parties will split the cost of the filing fee plus the costs associated with the first day of arbitration, with the remaining costs paid by the non-prevailing party.

Class Action and Class Arbitration Waiver

The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis.

YOU ACKNOWLEDGE AND AGREE THAT ALL PARTIES TO THIS AGREEMENT ARE GIVING UP THEIR RIGHT TO HAVE SUCH DISPUTE DECIDED IN A COURT OF LAW BEFORE A JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

You may cancel this agreement to arbitrate by giving written notice within 30 days of your acceptance of this Agreement, or 30 days after we provide notice of material changes to this section. Send your cancellation notice to:

Notice of Dispute

If you have any dispute with us, you must first send written notice to info@pgt.email. We will attempt to resolve any disputes in good faith for no less than sixty (60) days after you provide notice of the dispute. If the dispute is not resolved within sixty (60) days, either party may pursue a claim in arbitration.

Disputes Not Arbitrable

If you have opted out of the Agreement to Arbitrate, or if a dispute between the parties is not subject to arbitration, that dispute shall be governed by the laws of the State of Maryland without regard to its conflict of law provisions. Any claims, causes of action, and/or disputes arising out of or relating to these Terms shall be filed within the courts having jurisdiction within Anne Arundel County, Maryland, or the U.S. District Court located in Maryland.

You and PGT agree to submit to the jurisdiction of these courts and agree to waive any objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

Termination

You agree that PGT, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including without limitation for lack of use or if PGT believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities.

PGT may also at its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service may be effected without prior notice, and acknowledge and agree that PGT may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access.

General

These Terms of Service and any other terms included by reference herein constitute the entire agreement between you and PGT and govern your use of the Service, superseding any prior agreements. These Terms will be governed by the laws of the State of Maryland without regard to its conflict of law provisions.

The failure of PGT to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the other provisions of these Terms remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

You may not assign these Terms of Service without the prior written consent of PGT, but PGT may assign or transfer these Terms, in whole or in part, without restriction.

Privacy

At PGT, we respect the privacy of our users. By using the Service, you consent to our collection and use of personal information as outlined in our Privacy Policy. For details, please see our Privacy Policy.

Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Questions or Concerns

Please contact us at info@pgt.email to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.