We may modify this Agreement and/or the Communities at any time, for any reason, and in our sole discretion. Modified terms are effective as soon as they are posted. We are not responsible for notifying you of modifications to the terms of this Agreement. You should review this Agreement regularly to see if any terms have been modified. We also reserve the right to waive or modify any of these terms as they apply to a specific posting or Member without affecting the application of these terms to all other postings and Members. If you participate in or use the Communities, or any materials, components, features or services, accessible through the Communities after modified terms are posted, you have accepted the modifications. If any new components, features or services become available within the Communities, your use of them will be governed by this Agreement unless we notify you that different terms and conditions apply to them or any one of them.
When you register as a Member, you will need to create a username to identify yourself to others. For security purposes, your username should not be the same as any name, user name, or other identifying phrase or word you use for or in connection with any banking or financial transactions, or accessing any of your financial accounts or any other sensitive or personal information. In addition, during registration you will be required to submit your email address. We do not publicly display your email address. The information you provide during registration must be accurate and complete. You agree:
If we have reasonable grounds to suspect that you have not complied with any of the above requirements, we may suspend or terminate your use of the Communities and prohibit future use of the Communities. We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section or observe the recommendations in it.
Personal Responsibility for Use of the Communities
You are solely responsible for all aspects of your participation in the Communities, and any and all content you post. This means that you are responsible for all activities and postings under your username, including the use of your username by others. We take no responsibility, and have no liability, for any content you or any other user may post. User-posted or user-generated content does not represent the advice, views, opinions, or beliefs of PNC, and we make no claim of accuracy with respect to any user-posted or user-generated material. The Communities are designed to be used for personal, individual or household purposes; you may not use the Communities for business purposes. You may only participate in the Communities for lawful purposes.
You understand and agree that PNC has the right, but not the obligation, to monitor content and postings. You understand and agree that PNC has the right, but not the obligation, to edit or remove content and postings at its discretion, in whole or in part, either because there has been a violation of this Agreement or Community Guidelines (see below), or for any other purpose
Keep it Clean: Obscenities, pornography, illegal or otherwise harmful or offensive content in posts, images, subject lines or usernames will not be tolerated.
Treat Others with Respect: Posts that express hatred based on race, gender, religious beliefs, ethnic background or sexual preference, through words or images, will be deleted and may cause you to be banned from the community permanently.
Protect your Identity: Identity theft is very serious; please do not post personal information publically. If you would like us to contact you private message us with your full name, phone and the best time to call. Do not include information such as account numbers, social security information, user id or passwords
No Soliciting: All solicitations, third-party advertisements/links or personal promotion will be removed to protect our community members.
No Spamming: Good or bad, we are here to listen and respond, but publishing the same post multiple times will only get you banned from our community. If you don’t see your post, please check the “Post by Others” section. As long as it abides by these guidelines your post will be there and will be responded to.
Keep it Legal: Do not use the community to promote or participate in illegal activity, including embedding viruses, Trojan horses, worms, corrupted files, malicious code, active code or any materials in posts that could harm another user’s computer. You agree to use PNC Communities solely for lawful purposes and in compliance with all applicable laws.
Respect Intellectual Property Rights: Only post content that you own. Posting others’ materials, including third party trademarks, may be infringement.
No Cyber-stalking: Behavior deemed to be stalking or threatening to another member may be reported to the authorities.
Warnings, Suspensions, Terminations and Interruptions
We may communicate with you personally concerning your participation in the Communities or related matters. Those communications are not intended to be made public, and you agree not to post or otherwise disseminate those communications within the Communities or elsewhere, on the Internet or otherwise.
We have the right at any time for any reason (including, but not limited to, violations of any Guidelines) or no reason, without notice or liability to you, and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (i) refuse to allow you to submit content or postings to the Communities, (ii) remove and delete your content or postings from the Communities, (iii) suspend or terminate your participation in the Communities, and/or (iv) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration, or blocking access to the Community as defined by the platform on which the violation is occurring.
Without limiting the foregoing, the following may lead to termination of a user's membership in and access to the Communities: 1) breaches or violations of this Agreement, any Guidelines, or other incorporated agreements or guidelines, 2) requests by law enforcement or other government agencies, 3) a request by you (self-initiated account deletions), 4) unexpected technical issues or problems, and/or 5) extended periods of inactivity. Termination of your membership includes removal of access to all offerings within the Communities and may also bar you from further use of the Communities and, in our discretion, any other PNC-operated online Communities or public social media site.
You agree that PNC shall not be liable to you or any third party for any termination or suspension of your membership in or access to the Communities, or any damages or losses allegedly arising from termination of your membership or access.
We reserve the right to interrupt the functioning and availability of the Communities with or without prior notice for any reason or no reason. You agree we will not be liable for any such interruption, delay or failure to perform, and understand that you shall not be entitled to any compensation for interruption of service or failure to perform.
Rights to Your Content
You own all of the content and information that you post to the Communities. In addition, you represent that any content you submit is your original work, that you have the right to grant all rights and license in and to the content, and that the content does not infringe on any third party's copyrighted material, trademark, or other intellectual property rights or privacy rights.
By submitting content, you represent that all content you submit is accurate, and you agree and warrant that the content you submit is not inaccurate, false or misleading. You further agree and warrant that you shall not submit any content that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising). You agree and warrant that the content you submit is not, or cannot reasonably be considered to be, defamatory, libelous, unlawfully threatening or unlawfully harassing to any individual or business entity.
You agree, represent and warrant that you shall not submit any content for which you were compensated or granted any consideration by a third party.
PNC is not soliciting ideas. If you send us ideas you will not receive compensation from us even if we use your idea(s).
For any content that you submit, including, but not limited to, data, text, messages, files, documents, images, photographs, videos, audiovisual works, musical compositions, sound recordings, postings, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and any other materials, you grant to PNC a perpetual, irrevocable, royalty-free, transferable right and license to use, re-use, reproduce, print, transmit, publish, exhibit, display, distribute, re-distribute, host, cache, archive, store, index, categorize, stream, comment on, edit, alter, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world, in whole or in part, on an unrestricted basis for any purpose, without the requirement of any permission from or compensation to you. You agree that you have voluntarily waived all "moral rights" you have in any content you submit.
None of the content that you submit shall be subject to any obligation of confidence on the part of PNC, its agents, subsidiaries, affiliates, partners, or third party service providers and their respective directors, officers, and employees. All content that you submit may be used at PNC's sole discretion. We shall not be liable for any use or disclosure of any content.
Please note that by posting comments, posts, tagged photos, videos, ideas, or any other content on any PNC Social Property, you are granting PNC nonexclusive, worldwide rights to republish, redistribute, or otherwise use this content and your social media handle or username in perpetuity in any way we see fit. This includes, but is not limited to, use in marketing and advertising materials.
You understand, acknowledge and agree that we assume no responsibility for deletion of your content or any failure to store, receive or deliver your content in a timely manner or any other matter relating to your content.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT RELATING TO THE ACTIVITIES OF SERVICE PROVIDERS
Notification of Claims of Copyright Infringement
Pursuant to 17 U.S.C. § 512 (the "DMCA"), if you believe that your work has been copied in a way that constitutes copyright infringement, please notify our designated agent for notice of claims of copyright or infringement ("Agent") at:
The PNC Financial Services Group, Inc.
Attn: Chief Counsel for Intellectual Property
One PNC Plaza, 21st Floor
249 Fifth Avenue
Pittsburgh, PA 15222
NOTE: DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR ASSISTANCE, CUSTOMER SERVICE INQUIRIES, REPORTS OR E-MAIL ABUSE) TO OUR AGENT.
Under 17 U.S.C. § 512(c)(3)(A), your Notification of Claimed Infringement must include the following:
If you believe in good faith that your Posting was mistakenly removed in response to a notification of infringement, you may send a counternotice to our Agent in accordance with 17 U.S.C. §512(g)(3).
Third Party Links
In connection with your participation in the Communities, you may be made aware of services, products, articles, offers, and promotions provided by third parties. If you decide to use these third-party services, you are responsible for reviewing and understanding the terms and conditions governing those services. You agree that the third party, and not PNC, is responsible for performance of the services.
Privacy and Security
Any content that you place on the Communities is posted at your own risk, and can be obtained and used by others. Do not reveal any information that you do not want to make public, such as posts including your contact information or email address, account numbers, or social security number. PNC disclaims any responsibility or liability arising from your disclosure of such personal information, or any other information, in any profile or posting. By submitting your email address to register, you agree that PNC and its third party service providers may use your email address to contact you about your profile or any content you post on the Communities, and for other administrative purposes related to the Communities. Notwithstanding any of the foregoing, any and all information you submit to or through the Communities will be subject to our Privacy/Security policies. You acknowledge and agree that in our sole discretion, we may track, record, observe and follow any of your activities in the Communities.
The social media sites (such as Facebook, Twitter et al) where PNC has a presence are third-party sites unaffiliated with PNC. PNC is not responsible for the privacy or security policies or practices on such third-party sites, or on any third-party website that we may link to. You should review the privacy and security practices of such third party sites.
You hereby agree to indemnify, defend, and hold harmless PNC its affiliates, and each of their respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") from and against any and all claims, damages, penalties, losses, liabilities or expenses (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of: (i) any breach by you of this Agreement or the Guidelines, (ii) your conduct or content within the Communities, or (iii) your violation of the rights of any third party. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
DISCLAIMER OF WARRANTIES
THE CONTENT ON THE COMMUNITIES (INCLUDING, WITHOUT LIMITATION, POSTINGS, THIRD PARTY CONTENT, AND ANY PNC CONTENT) IS PROVIDED "AS IS" AND CARRIES NO WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY. PNC DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE COMMUNITIES, REGARDLESS OF WHO ORIGINATES THAT CONTENT. PNC DOES NOT WARRANT THAT THE COMMUNITIES IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER LIMITATIONS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING THE COMMUNITIES OR RELYING ON CONTENT AVAILABLE ON OR THROUGH THE COMMUNITIES. PNC IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE COMMUNITIES INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.
LIMITATION OF LIABILITY
SOME OF THE CONTENT (INCLUDING, WITHOUT LIMITATION, THE POSTINGS AND THIRD PARTY CONTENT) POSTED TO THE COMMUNITIES IS PROVIDED BY REGISTERED THIRD PARTIES NOT AFFILIATED WITH PNC. SUCH THIRD-PARTY CONTENT IS THE SOLE RESPONSIBILITY OF THE PERSON ORIGINATING THAT CONTENT. YOU AGREE THAT PNC DOES NOT CONTROL, AND IS NOT RESPONSIBLE IN ANY WAY FOR, THIS THIRD-PARTY CONTENT. ADDITIONALLY, YOU AGREE THAT PNC IS NOT LIABLE FOR, CONTENT YOU SUBMIT, POST, TRANSMIT, OR MAKE AVAILABLE THROUGH THE COMMUNITIES, YOUR USE OF THE BLOGS, YOUR VIOLATION OF THIS AGREEMENT OR THE GUIDELINES OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PNC AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY, OR THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT, ACCOUNTING POSITIONS TAKEN BY YOU, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF PNC OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PNC AND YOU. THESE LIMITATIONS MAKE IT POSSIBLE FOR PNC TO PROVIDE THE COMMUNITIES TO YOU.
Choice of Law and Location for Resolving Disputes
Except as noted below, this Agreement shall be governed by and construed in accordance with the laws of the state in which the branch office where you opened your PNC Bank account ("account") is located. If you opened your account by mail, telephone or electronically through our Internet website, and we have a branch office in your state of residence, this Agreement is governed by the laws of that state. If we do not have a branch office located in your state of residence and your account was opened by mail, telephone or electronically through our Internet website, this Agreement is governed by the laws of the Commonwealth of Pennsylvania. This Agreement is also at all times governed by the laws and regulations of the United States of America. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect.
For PNC Wealth Management and Hawthorn clients with investment management, investment consulting or custody accounts, this Agreement shall be governed by and construed in accordance with the law that governs your PNC or Hawthorn account agreement, as the case may be.
The Communities are intended for use by U.S. residents. We can not warrant that use of the Communities is appropriate for users outside the United States or that use of the Communities is permitted under the laws of other jurisdictions.
PLEASE NOTE THAT BY AGREEING TO THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE COMMONWEALTH OF PENNSYLVANIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE COMMONWEALTH OF PENNSYLVANIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE COMMUNITIES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
The PNC Financial Services Group, Inc. ("PNC") provides investment and wealth management, fiduciary services, FDIC-insured banking products and services and lending and borrowing of funds through its subsidiary, PNC Bank, National Association, which is a Member FDIC, and provides certain fiduciary and agency services through its subsidiary PNC Delaware Trust Company.
Investments: Not FDIC Insured. No Bank or Federal Government Guarantee. May Lose Value.
The content on the Communities is general and informational in nature, does not constitute the provision by PNC of legal, tax, accounting or investment advice to any person or a recommendation to buy or sell any security or adopt any investment strategy. PNC does not provide legal, tax or accounting advice. You should consult your legal and/or tax advisors before making any financial or investment decisions.