TERMS OF USE
Effective: September 2024
PLEASE READ THESE WEBSITE TERMS OF USE (“TERMS”) CAREFULLY. THESE TERMS CONTAIN CONTRACTUAL RESTRICTIONS ON YOUR RIGHTS TO USE THIS SITE, RESTRICTIONS ON RIGHTS YOU CAN ENFORCE AGAINST PGS, AND LIMITATIONS OF PGS’S LIABILITY. BY ACCESSING THIS SITE YOU AGREE TO BE BOUND BY THESE TERMS. THESE TERMS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS OF USE POSTED TO THIS SITE FROM TIME TO TIME, AND ANY ACCESS OF THIS SITE BY YOU AFTER SUCH CHANGES ARE SO POSTED SHALL BE DEEMED YOUR AGREEMENT TO SUCH CHANGES. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT ACCESS THIS SITE.
FOR NEW JERSEY RESIDENTS, TO THE EXTENT ANY TERM HEREOF IS SUBJECT TO THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT, WARRANTY AND NOTICE ACT (“TCCWNA”) AND SUCH TERM, IF ENFORCED AS PROVIDED HEREIN, IS CONTRARY TO OR VIOLATIVE OF ANY CLEARLY ESTABLISHED RIGHT YOU HAVE UNDER STATE OR FEDERAL LAW, SUCH OFFENDING TERM(S) SHALL BE DEEMED OMITTED FROM THESE TERMS, AND YOUR AGREEMENT TO THESE TERMS DOES NOT AND WILL NOT IN ANY WAY CONSTITUTE A WAIVER OF YOUR RIGHTS UNDER THE TCCWNA.
These Terms apply to and govern your use of websites which are owned and/or operated by or on behalf of Peralta Garcia Solutions, LLC (“PGS”) (each, a “Site”) or available through our authorized third parties, or by any of the other means described herein. These Terms do not apply to any site owned and/or operated by or on behalf of any third party, even if we provide a link to such site on one of our Sites. Please refer to the terms of use of any such third-party sites for information regarding the terms and conditions of your use of such sites.
When we refer to “PGS,” “we,” “us” or “our,” we mean Peralta Garcia Solutions, LLC, and when we refer to “you” or “your,” we mean the person accessing this Site. If the person accessing this Site acts on behalf of, or for the purposes of, another person or entity, including a business or other organization, “you” or “your” also means that other person or entity, including a business organization. You represent and warrant to PGS that you are authorized to bind such person or entity to these Terms.
General
This Site provides general information about PGS and its services (“Services”). Use of this Site is limited to legitimate purposes. PGS may, from time to time, introduce new features to this Site, or modify or delete existing features, in its sole discretion. By using any new or modified features when they become available, you agree to be bound by these Terms concerning such features. PGS reserves the right to modify these Terms at any time without notice, but the most current version of these Terms will always be available to you by clicking on the link at the bottom of this Site. If you find these Terms unacceptable at any time, you may discontinue your access and use of this Site. By continuing to access or use this Site after the date of any change to these Terms, you agree to be bound by the terms contained in the updated version of these Terms.
You agree and understand that effective use of this Site may require your browser to use software plug-ins and modules to correctly display content and utilize features on this Site. PGS reserves the right to modify or terminate this Site, or your access to this Site, in whole or in part, at any time in its sole and absolute discretion. You hereby further agree that any comments, feedback or recommendations made by you for the improvement or modification of this Site or the Services shall be the sole property of PGS. YOU ACKNOWLEDGE AND AGREE THAT PGS SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THIS SITE OR ANY SERVICES OR INFORMATION PROVIDED ON THIS SITE OR ACCESSED BY YOU THROUGH THIS SITE.
Access; Use
PGS makes this Site available subject to the terms and conditions set forth herein and all applicable laws. By accessing, browsing or otherwise using (collectively, “use” or “using”) this Site, you acknowledge that you, the individual user of this Site, have read, understood and agree to be legally bound by these Terms, and to comply with all applicable laws and regulations, without limitation or qualification. These Terms shall take effect immediately on your first use of this Site. If you do not agree to these Terms, you are not authorized to access, browse, or otherwise use this Site. For the avoidance of doubt, this Site may not be used by our visitors for any commercial purposes other than to inquire about the Services of PGS.
When using this Site, you agree not to pretend to be someone else or to spoof their identity. Any access or attempted access of other areas of PGS’s computer systems, third-party systems, and services that PGS utilizes, or other information contained therein for any purpose is strictly prohibited. You agree not to interfere in any way with others’ use of or access to this Site. PGS reserves the right to report any activity that it reasonably suspects violates any law or regulation and to disclose any information to law enforcement officials or regulators or other appropriate third parties.
PGS has the right to modify, suspend or discontinue, temporarily or permanently, this Site, or your right to access or use any portion of this Site, in PGS’s sole discretion, at any time and without prior notice, for any reason, including without limitation: (1) attempts by you (or another party) to gain unauthorized access to this Site or assist others in attempting to do so, (2) your (or another party’s) disabling of any security features on this Site, (3) your violation of these Terms, (4) suspected or actual infringement of a third party’s intellectual property rights, or (5) pursuant to requests by law enforcement or other government agencies.
PGS makes no representation that materials on this Site are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.
Intellectual Property and Restrictions on Use of Information and Content
All marks (defined below) information (collectively, “Content”) provided on this Site, whether explicitly marked or not, is the property of PGS, its subsidiaries, affiliated companies or joint partners, or others, and are subject to U.S. and international copyright and unfair competition laws. The information and content provided includes, but is not limited to, the text, graphics, image, video, audio, animation and software, their related files and their arrangement on this Site. All trademarks, service marks, logos, model and brand names, emblems and protectable trade dress elements (collectively, “Marks”), whether explicitly marked or not, used on this Site are owned by PGS, its subsidiaries, affiliated companies or joint partners, or used under license, and are subject to U.S. (federal and state) and international trademark and unfair competition laws.
You may not copy, reproduce, download, upload, post, broadcast, transmit, distribute, publish, republish or otherwise use any Content or Marks provided on this Site in any form or by any means, or by any information storage or retrieval system for any commercial use without the express written permission of PGS. You are not permitted to create a hyperlink to any page or portion of this Site or frame any page or portion of this Site without the prior written permission of PGS. You may, however, copy, print or otherwise use the information, content or Marks provided on this Site, provided that the use is for your personal, educational or internal business use only and further provided that you: (1) maintain all copyright and other intellectual property notices together and intact with any Content; (2) do not modify or otherwise alter any Content; and (3) do not expressly or implicitly suggest an association with any Services, brands or affiliates through the use of any Content. Other use of any Content or Marks, except as specifically permitted in these Terms or in a written instrument signed by PGS, is strictly prohibited.
Nothing contained in this Site shall be construed as conferring, by implication, estoppel or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of PGS or any third party. Any use of the information, content or Marks provided on this Site that does not comport with these Terms shall be an unauthorized use and subject you to civil and criminal penalties as provided by U.S. and international intellectual property laws and other applicable laws.
NOTICE OF IMMUNITY FROM LIABILITY FOR CONFIDENTIAL DISCLOSURE OF A TRADE SECRET TO THE GOVERNMENT OR IN A COURT FILING: Notwithstanding anything herein to the contrary, under the Federal Defend Trade Secrets Act of 2016, an individual may not be held criminally or civilly liable under any Federal or state trade secret law for the disclosure of a trade secret that: (A) is made (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding if the individual files any document containing the trade secret under seal and does not disclose the trade secret except pursuant to court order. Nothing in these terms is intended, or should be construed, to affect the immunities created by the Defend Trade Secrets Act of 2016.
Violation of the Terms
You understand and agree that in PGS’s sole discretion, and without prior notice, we may terminate your access to this Site or exercise any other remedy available if we believe you violated these Terms, the rights of PGS, another user or the law. You agree that monetary damages may not provide a sufficient remedy to PGS for such violations, and you consent to injunctive or other equitable relief for such violations. PGS may release user information about you to the extent required by law or subpoena, or if release of the information is necessary or appropriate to address any unlawful or harmful activity.
Indemnification
You agree to defend, indemnify, save and hold harmless PGS and its licensees and its and their respective directors, members, shareholders, officers, employees and agents from and against all liabilities, claims, damages and expenses, including reasonable attorneys’ fees as incurred, arising out of your use of this Site, including any violation or alleged violation of applicable laws or these Terms.
Disclaimers
YOU USE THIS SITE AT YOUR OWN RISK. ALL INFORMATION AND CONTENT OFFERED THROUGH THIS SITE, INCLUDING CONTENT PROVIDED BY THIRD-PARTY PROVIDERS, IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURCHASE, FREEDOM FROM VIRUSES OR HARMFUL CODE, TITLE OR NON-INFRINGEMENT. ALL INFORMATION, CONTENT AND/OR SERVICES OFFERED THROUGH ANY HYPERLINKED SITE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND AND IS USED AT YOUR OWN RISK. IN NO EVENT WILL PGS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE OR ANY OTHER HYPERLINKED SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR SYSTEM OR OTHERWISE ARISING OUT OF THE USE OR MISUSE OF OR INABILITY TO USE THIS SITE OR THE INFORMATION OR CONTENT CONTAINED HEREIN, EVEN IF PGS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY A THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST PGS IS TO DISCONTINUE USE OF THIS SITE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
Without limiting the above disclaimers, PGS and its directors, members, shareholders, officers, employees and agents (collectively, “Representatives”): (1) make no warranties or representations whatsoever concerning this Site, the access to, or the availability or use of, this Site, the Content from whatever source posted on or referred to in this Site or the accuracy, completeness or timeliness of such Content; (2) do not warrant or represent that your access to, or use of, this Site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that this Site, or the Content from whatever source available for use or downloading are, free of computer viruses, worms, Trojan horses or other harmful components; (3) do not represent or warrant that any Services listed on this Site will be available and makes no representation or warranty herein of any kind whatsoever concerning such Services; and (4) do not represent or warrant the accuracy, functionality or specifications or any other aspect of items from whatever source posted or accessed through this Site.
This Site may use hyperlinks as a convenience to you so that certain reference material, PGS-related subjects and other pertinent material are easily accessible. Linked and referenced sites may be operated, controlled, or maintained by a party other than PGS. Hyperlinks and references to other sites, including any PGS-affiliated entity, do not constitute sponsorship, endorsement, or approval by PGS of the information, content, policies, or practices of such linked or referenced sites. PGS, its subsidiaries, affiliated companies and joint partners do not accept any responsibilities for any information or content, availability, policies, practices, or any use of such sites. You access, browse, and use such sites at your own risk.
The above limitations of liability reflect the allocation of risk between the parties and will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of PGS and its Representatives. If, notwithstanding the limitations of liability above, PGS or any of the PGS Representatives are found liable for any loss or damage which arises out of or is in any way connected with any Services or operation of this Site, then the liability of PGS and the PGS Representatives will in no event exceed, in the aggregate, One-Hundred Dollars (US$100.00).
PGS has no obligation to you to update any information or content on this Site. Accordingly, PGS, its subsidiaries, affiliated companies and joint partners assume no responsibility regarding the accuracy of the information or content provided on this Site. Any use of the information or content provided on this Site is done at your own risk.
Privacy Policy
These Terms include the terms and conditions of PGS’s Privacy Policy. Accordingly, by using this Site, you affirmatively acknowledge that you have read, understood and agree to be legally bound by the terms and conditions of PGS’s Privacy Policy.
Copyright and Trademark Notices
All marks and content of this Site are © 2025 Peralta Garcia Solutions, LLC All rights reserved. All PGS-related names and Marks used herein are either registered trademarks or tradenames of PGS in the United States and/or other countries. Other logos and company names mentioned herein may be the trademarks of their respective owners. PGS is not responsible for content on websites operated by parties other than PGS. If you are aware of an infringement of our brand, please let us know by sending a message via our Contact Us page. Please use the subject line “Copyright and Trademark Notice” in your message.
Digital Millennium Copyright Act (“DMCA”)
PGS respects the intellectual property of others, and we ask our users and visitors to do the same. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to this Site’s designated agent (see below). ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. PGS will process and investigate notices (each, a “Notice”) of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, PGS will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PGS the following information in your Notice (to be effective, the notification must include ALL of the following): (a) a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly being infringed; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on this Site; (d) your address, telephone number and e-mail address, and all other information reasonably sufficient to permit PGS to contact you; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.
Notices of claimed copyright infringement should be directed to PGS’s designated agent:
By mail: Peralta Garcia Solutions LLC
4124 N Lincoln Ave
Chicago IL 60618
Attn: Megan Davis
THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING PGS THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS SITE OR SERVICE-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Miscellaneous
By accessing this Site, you agree that the statutes and laws of the State of Illinois, notwithstanding any principles of conflicts of law, will apply to all matters relating to use of this Site, and that if you use this Site from any other location, you are responsible for compliance with all applicable local laws. Any claim relating to this Site shall be litigated in the state and federal courts having jurisdiction in the State of Illinois and you hereby consent to the jurisdiction and venue of those courts. If any part of these Terms is deemed unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles herein are for convenience of reference only and have no legal or contractual effect.
By using this Site, you agree that PGS, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms concerning or, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceedings shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages (as further limited herein) and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential, or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.