LEGAL/Disclaimer

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO THE DISCLAIMER AND ALL OTHER TERMS PROVIDED BELOW. IF YOU DO NOT AGREE TO THE DISCLAIMER AND ALL OF THESE TERMS, DO NOT ACCESS OR USE THIS WEBSITE.

Disclaimer

The incubator.pgworks.com website, including but not limited to all linked pages and subpages (the “Website”), is provided on an "as is" and “as available” basis, and users are fully and solely responsible for their use of the Website and for any results or consequences of such use. Philadelphia Gas Works (“PGW”) makes no warranty or representation, express or implied, with respect to the quality, content, accuracy, completeness, currency, freedom from computer virus, or non-infringement of proprietary rights of the Website including any of the design, information, text, graphics, images, pages, interfaces, links, software, or other materials and items contained in or displayed on the Website. The Website has been compiled from a variety of sources, including sources beyond the control of PGW and is therefore subject to change without notice from PGW.

In no event shall PGW, its officers, employees, or representatives be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages arising from your accessing or using the Website, including but not limited to any disruption in service, or otherwise arising from the Website or from anything contained in or displayed on the Website. You agree to indemnify, defend, and hold harmless PGW, the City of Philadelphia, the Philadelphia Facilities Management Corporation, and their employees, boards, directors, officers, agents and contractors from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of this Site. These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of this Website shall be filed only in the state or federal courts located in the Commonwealth of Pennsylvania. Nothing contained in or displayed on this Website constitutes or is intended to constitute legal advice by PGW or any of its officers, employees, attorneys, or representatives.

SITE SECURITY

Users are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" or (d) sending unsolicited email, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. PGW will investigate occurrences that may involve such violations.

Additional Disclaimer For Online Bill-Pay Service: In addition to the preceding terms and conditions, PGW, its officers, employees, or representatives, shall not be liable for any damages of any kind arising from your use of the online bill-pay service, including any non-authorization of a user’s payment by any entity involved in the processing of any online transaction including but not limited to your credit card company, or for any disruptions in service of the online bill-pay service, regardless of the cause. PGW further assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization of settings.
Completion of a payment transaction using the online bill-pay service is contingent upon: 1) the authorization of payment by all entities involved in the processing of any online transaction including your applicable credit card company; 2) the acceptance of your payment; and 3) payment of the online bill-pay transaction fee, if any. If, for any reason whatsoever your payment is not processed, authorized, or accepted by any entity involved in the processing of any online bill-pay transaction, your payment liability shall remain outstanding and unpaid and you may be subject to late fees, interest charges, penalties, shut-off, or other actions where applicable. All outstanding payment obligations shall remain your sole responsibility. You understand, accept, and agree to pay to PGW and all fees and/or penalties associated with the submission of any payment transaction that is returned by any bank or other depository financial institution for insufficient funds or any other error on your part.

External Sites

This website may contain links to other sites on the Internet that are operated by parties other than PGW (“External Sites”). PGW is not responsible for the content of any such External Sites, or for the availability of such External Sites or their content. If you have questions or concerns regarding the content of any External Site, you should contact the respective External Site administrator directly.

Copyright, Trademarks and Service marks

Service marks and trademarks contained in or displayed on the website, and the contents of linked sites operated by third parties, are the property of their respective owners. All other design, information, text, graphics, images, pages, interfaces, links, software, and other items and materials contained in or displayed on this website, and the selection and arrangements thereof, are the property of PGW. All rights are reserved. Permission is granted to website visitors to copy electronically and to print single pages from the website for the sole purpose of sharing information on the website with other citizens and residents, and on the condition that the pages are copied, printed, and shared without cost to the recipients and exactly as presented on the website, without any addition or modification. Distribution or republication in any other form or for any other purpose, including any commercial purpose or use, and any modification whatsoever, are strictly prohibited without the prior written permission of PGW.

Communications

Through The Website In no event shall any communication made through this website's e-mail and messaging functions constitute legal notice to PGW, the City of Philadelphia, the Philadelphia Facilities Management Corporation, and/or their employees, boards, directors, officers, agents and contractors (including but not limited to legal notice required by federal, state, or local laws, rules, or regulations) with respect to any existing or potential claim or cause of action against PGW or any of its agencies, officers, employees, agents, or representatives.

Miscellaneous

PGW reserves the right to revise and otherwise change the foregoing terms and conditions at any time and without notice. Commercial use is prohibited without the prior written permission of PGW.