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PRIVACY POLICY / TERMS OF USE

Updated: 5/25/2018

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Welcome to the Official PCA USA (“PCA”) website. PCA provides its services to you subject to the following Terms and Conditions. If you visit the officialpcausa.com website, you accept these Terms of Use. If you do not agree to be bound by all of these Terms of Use, please do not use or access this site.

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The contents of this site, including the text, articles, blog postings, podcast recordings, graphics, images, information obtained from PCA’s third-party content providers, sponsors, suppliers, advertisers and licensors (collectively “Providers”) and other material are to be used for informational purposes only. Nothing stated or presented on this site is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding an exercise regimen, medical condition, your diet, nutritional supplements or any other matter related to your health and well-being.

You must be eighteen (18) years of age or older to use and access this site. If you are younger than eighteen (18) years of age, please leave this site immediately.

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ELECTRONIC COMMUNICATIONS
When you visit our Web site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, social media, phone or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

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PCA USA LLC may amend these Terms and Conditions at any time by posting the amended Terms and Conditions on the PCA site.

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice. The information provided, and the opinions expressed in this website represent the views of the authors and contributors.

  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. We are not liable for any inaccuracies or errors.

  • Your use of any information or materials on this website is entirely at your own risk, it is your responsibility to check that the information available meets your requirement

  • This website contains content which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

  • Information on this site may be contributed by our members or other contributor’s (including in blog posts). We do not control the information they provide and are not responsible for the views expressed.

  • If you believe that your intellectual property rights have been infringed on this site please notify us. We accept no liability for infringements as a result of user generated content but we will take reasonable action to remove such content where possible.

  • Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.

  • Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

  • PCA reserve’s the right to refuse, suspend or cancel your access to the site at any time and without notice.

 

LICENSE AND SITE ACCESS
PCA grants you a limited license to access and make personal use of this site and you may not download (other than page caching) or modify it, or any portion of it, without the express written consent of PCA. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written consent of PCA. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PCA without PCA’s express written consent. You may not use any meta tags or any other hidden text utilizing PCA’s name or trademarks without the express written consent of PCA. Any unauthorized use terminates the permission or license granted by PCA. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Officialpcausa.com website so long as the link does not portray PCA, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any PCA logo or other proprietary graphic or trademark as part of the link without express written permission from PCA.

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DISCLAIMERS AND LIMITATION OF LIABILITY
As a user of this site you expressly agree that use of this site is at your sole risk. Neither PCA, nor its affiliates or subsidiaries, nor any of their officers, directors, employees, representatives or agents, nor Providers warrant that this site will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on this site or the results that may be obtained from the use of the information provided on this site, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through this site. PCA and its affiliates and subsidiaries, and their officers, directors, employees, representatives or agents are collectively referred to as “PCA.”

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PCA does not endorse, recommend or sponsor and is not affiliated with any individuals or entities listed or linked to on this site unless that fact is expressly stated. The listing of any individual or entity does not constitute a medical referral of any kind. You are advised to exercise your own further informed review, judgment and evaluation in the selection of any and all medical professionals and health information.

Under no circumstances shall PCA or any other party involved in creating, producing, or distributing this Web site be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Web site, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to this site’s records, programs, or services. You acknowledge that this paragraph shall apply to all content, merchandise, and services available through this Web site. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.

 

THIRD-PARTY CONTENT
This Web site contains information, data, software, photographs, graphs, videos, typefaces, graphics, audio and other material (collectively “Content”). In the Content supplied by you or third parties other than PCA, PCA is a distributor and not a publisher. PCA has no more editorial control over such third-party or your Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties and not by PCA are those of the respective authors or distributors and not of PCA. Neither PCA nor any third party, including any Provider, or any user of this Web site, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through this site represents the opinions and judgments of the respective Provider or user not under contract with PCA. PCA neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on this site by anyone other than authorized PCA employees. Under no circumstances shall PCA be liable for any loss, damage or harm caused by a user’s reliance on information obtained through this site. It is the responsibility of a user to evaluate the information, opinion, advice or other Content available through this site.

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LINKS TO OTHER SITES
This site may reference or link to third-party sites throughout the World Wide Web. PCA has no control over these sites or the content within them. PCA cannot and does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. PCA does not endorse the content of any third-party site, nor does PCA warrant that they will not contain viruses or otherwise impact your computer. PCA does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use. By using this site to search for or link to another site, you agree and understand that you may not make any claim against PCA for any damages or losses, whatsoever, resulting from your use of this site to obtain search results or to link to another site.

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COPYRIGHTS
Copyright © 2018 PCA USA LLC. All materials and contents contained in this Web site (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the Web site itself, are copyrighted materials belonging exclusively to PCA USA LLC. or its content suppliers and are protected by United States and international copyright law. PCA USA LLC. enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved.
 

INFORMATION COLLECTED
We collect two types of information regarding our Visitors and Users:

Un-identified and non-identifiable information pertaining to a Visitor or un-identified User, which may be made available to us, or collected automatically via his/her use of the Services (“Non-personal Information”). Such Non-personal Information does not enable us to identify the Visitor or User from whom it was collected. The Non-personal Information collected by us mainly consists of technical and aggregated usage information, such as Visitors’ and Users’ browsing and ‘click-stream’ activity on the Services, session heatmaps and scrolls, non-identifying information regarding the Visitor’s or User’s device, operating system, internet browser, screen resolution, language and keyboard settings, internet service provider, referring/exit pages, date/time stamps, etc.

Individually identifiable information, namely information that identifies an individual or may with reasonable efforts cause the identification of an individual or may be of private or sensitive nature (“Personal Information”). The Personal Information collected by us mainly consists of contact details (e.g., e-mail address or phone number), billing details (name, physical billing address, payment method and transaction details), which are only collected from Users with Paid Services, details regarding a browsing or usage session (IP address, Geo-location and/or device unique identifier), details regarding connected third party accounts (such as the e-mail or username for a connected PayPal, Google or Facebook account), scanned identification documents provided to us. Correspondences (including those made through or uploaded to our Services), and any other Personal Information provided to us by Visitors and/or Users through their access to and/or use of the Services. For the avoidance of doubt, any Non-personal Information that is connected or linked to Personal Information (for example, in order to improve the Services we offer) is deemed and treated by us as Personal Information, as long as such connection or linkage exists.

 

  

Collected Information

We collect such Non-personal and Personal Information for the following purposes:

1.     To provide and operate the Services;

2.     To further develop, customize and improve our Services, based on Visitors’ and Users’ common or personal preferences, experiences and difficulties;

3.     To provide our Users with ongoing customer assistance and technical support;

4.     To be able to contact our Visitors and Users with general or personalized service-related notices and promotional messages;

5.     To facilitate, sponsor and offer certain contests, events and promotions, determine participants’ eligibility, monitor performance, contact winners and grant prizes and benefits;

6.     To create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which we or our business partners may use to provide and improve our respective services;

7.     To enhance our data security and fraud prevention capabilities;

8.     To comply with any applicable laws and regulations.

 

TRADEMARKS
PCA USA LLC, the PCA logo and other marks indicated on our site are the exclusive property and trademarks of PCA USA LLC. PCA USA LLC. reserves all rights, including all rights applicable under the U.S. and international trademark laws, including, without limitation Section 1125 of Title 15 of the U.S. Code (Lanham Act Sec. 43). All other trademarks not owned by PCA USA LLC. that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PCA USA LLC.

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CHILDREN’S PRIVACY
As set forth above, you must be eighteen (18) years of age or older to use and access this site. This site is not intended or designed to attract children under the age of thirteen (13). Of course, consistent with the Children’s Online Privacy Protection Act of 1998, PCA will never knowingly request personally identifiable information from anyone under the age of thirteen (13) without prior verifiable parental consent.

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INDEMNITY
You agree to indemnify and hold each of PCA, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Officialpcausa.com Web site, your violation of these Terms of Use, and/or the infringement by you or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.

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MODIFICATION, AND SEVERABILITY
PCA reserves the right to make changes to this site, policies, and these Terms of Use at any time, effective immediately upon the posting on this site. Please check this page of the site periodically. If any of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

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