Legal / Policies PACE Claims Services, LLC (“PACE”) is committed to conducting all of its business activities with integrity and excellence, and ensuring the trust of our customers, employees, and business partners. This section of our website includes information relative to key internet-based and marketing communication disclaimers and/or policies.

1. Terms of Use

Welcome to the PACE website, services, tools, and other applications (the “Site”). Thank you for visiting and learning more about PACE.  The PACE website is for informational purposes only, and that while PACE has used its best efforts to ensure the accuracy of the information which appears on its website, absolutely no representations or warranties are made by PACE which would result in any liability to the user. It is important to us that you, and our other visitors, have a special experience while using the Site and that when you use this Site you are fully aware of your respective legal rights and obligations. For that reason, we have created these Terms of Use (“Terms”) as the legally binding terms to govern your use of this Site. Please read these Terms carefully before using the Site, because they affect your legal rights and obligations (e.g., requiring arbitration and no class relief and limiting our liability). Contents & Summary

1. You Accept These Terms. If you do not agree with any of these Terms, including the Privacy Policy incorporated herein, please do not use this Site. By using this Site you will be deemed to have irrevocably agreed to these Terms. Some areas of this Site may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms regarding use of this Site, unless otherwise expressly stated.
2. Updates to Terms. Please note that these Terms may be revised and reissued, prospectively by posting updated terms on this Site. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Site. You should visit this page regularly to review the current terms. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions.
3. Legal Capacity. This is a general audience Site for adults. We will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
4. The Information You Give Us Must be Correct. To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide be correct, current, and complete. If we at PACE believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account.
5. Disclaimer of Warranties. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, PACE AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF PACE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE PACE GROUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PACE GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY WEB SITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE PACE GROUP MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEB SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE PACE GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEB SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

IF YOU ARE ACCESSING A UNITED KINGDOM VERSION OF THE SITE, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF EITHER PARTY OR THEIR SERVANTS, AGENTS OR EMPLOYEES.

6. Limitation of Liability. PACE DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEB SITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SITE OR ANY OTHER WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE PACE GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF PACE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
7. Binding Arbitration of All Disputes; No Class Relief.

(a) U.S. Residents: To the fullest extend permissible by law, with the exception of disputes pertaining to PACE intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and PACE arising under these Terms shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief. The arbitrator shall be a retired judge or justice of any New Jersey state or federal court with substantial experience in the internet industry and shall follow New Jersey substantive law in adjudicating the dispute, except that this Section 8(a) shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that we intend that this Section 8(a) satisfies the “writing” requirement of the FAA. The hearing shall be conducted in the county that encompasses the billing address you have provided to PACE. For any claim in which you seek U.S. $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator may decide the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, PACE shall pay the costs and fees of JAMS and the arbitrator. PACE agrees that it will not seek reimbursement from you for its costs and fees incurred by it in the arbitration. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION. (b) Non-U.S. Residents: If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Site or Terms of Service, then you and we agree to send a written notice to the other providing a reasonable description of the Section 8(b) Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 8(b). Your notice to us must be sent to us via the “contact us” portion of Site. For a period of sixty (60) days from the date of receipt of notice from the other party, PACE and you will engage in a dialogue in order to attempt to resolve the Section 8(b) Dispute, though nothing will require either you or PACE to resolve the Section 8(b) Dispute on terms either you or PACE, in each of our sole discretion, are uncomfortable. Nothing in this Section will prevent a party from pursuing their claims in Court or another complaint process.

8. Trademarks and Copyrights. This Site and materials incorporated by PACE on this Site (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the characters, logos or other images incorporated by PACE on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by PACE or others (“Trademarks”). PACE respects the intellectual property rights of others and asks users of this Site to do the same.
9. Your Use of Material. Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms may be a violation of the Copyrights and/or Trademarks protected by law and these Terms and is prohibited.You may access and display Material and all other content displayed on this Site for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by PACE. Any authorization to copy Material granted by PACE in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.10.  Forums. THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THIS SITE (“FORUMS”) ARE NOT NECESSARILY THOSE OF THE PACE OR CONTENT PROVIDERS. PACE DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF PACE. PACE MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN PACE’S SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.
10. Submissions, Postings and E-mails. PACE is interested in hearing from you regarding your questions or comments about our Site. However, PACE does not accept or consider unsolicited submissions of any kind (e.g. ideas, treatments, concepts, or any other materials) in any format, by any means of transmission (including email). Any such submissions are either returned to the sender without being reviewed or deleted or discarded without being reviewed. Therefore, please do not send any unsolicited submissions to any member of PACE.
11. Invited Submissions. From time to time, areas on this Site may expressly request submissions of concepts, stories, or other potential content from you (“Invited Submissions”’). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this Site to govern those submissions (“Additional Terms”), as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to the Site.
12. Our Use of Content. PACE will consider anything you provide to PACE and/or contribute to this Site as available for our use free of any obligations to you (including any payment), except where solicited Invited Submissions are expressly governed by Additional Terms appearing elsewhere on this Site (see ‘Submissions, Postings and E-mails’ above), in which event those Additional Terms will determine how we will treat your Invited Submissions. Under no circumstances will we pay you for the use of your ideas or submissions.
13. User Content. Applications, responses to Requests for Proposal, profile entries, posts or questions may not be able to be deleted once uploaded. For some of our features, other members may be able to request email notifications of your new public content or publish their own comments to your comments. We may use the public content to develop aggregate ratings, personalize site views, market products or identify or feature popular members. By posting or uploading any content to this Site, including posts, responses, and/or providing any communication or material to PACE (“User Content”), you automatically and irrevocably:
14. Retain ownership of your User Content, and grant and assign to PACE a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by PACE and/or by any person authorized by PACE, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity;
15. Waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted;
16. Appoint PACE as your agent with full power to enter into any document and/or do any act PACE may consider appropriate to confirm the grant and assignment, consent and waiver set out above;d. Warrant that you are the owner of the User Content and entitled to enter into these Terms;e. Confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that PACE shall not be liable for any use or disclosure of such User Content. 15. Responsible Use of Site. Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing, or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted or privately transmitted on or through this Site are the sole responsibility of the sender, not PACE, and that you are responsible for all material you upload, publicly post or otherwise transmit to or through this Site.
17. Content Limitations. We at PACE require that you do not post e-mails or submit to or publish through Forums or otherwise make available on this Site any content, or act in a way, which in our opinion:a. Libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, or offensive;
18. Disparages, criticizes, belittles, parodies, or otherwise portrays in a negative light any actor appearing in the content;
19. Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
20. Infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
21. Violates any law or may be considered to violate any law;
22. You do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary, or confidential information received in the context of an employment or a non-disclosure agreement);
23. Advocates or promotes illegal activity;
24. Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
25. Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this Site;j. Solicits funds, advertisers or sponsors;
26. Includes programs which contain viruses, worms and/or ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications;
27. Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site;
28. Copies any other pages or images on this Site except with appropriate authority;
29. Includes MP3 format files;
30. Amounts to a ‘pyramid’ or similar scheme;
31. Amounts to ‘data warehousing’ (i.e., using any web space made available to you as storage for large files or large amount of data which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;
32. Disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or
33. Contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (q) above.

In addition, you are prohibited from removing any sponsorship banners or other material inserted by PACE anywhere on this Site (e.g., on any web space made available for your use).

17. Release. If you have a dispute with one or more users (including merchants), you release us from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
18. Indemnity. You agree to indemnify and hold harmless PACE and its officers, directors, employees, agents, distributors, and affiliates from and against any and all claims, demands, liabilities, costs, or expenses, including reasonable attorney’s fees, resulting from your breach of these Terms, including any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto PACE’s servers, and/or from any and all use of your account.
19. System Abuse. Without limitation, you agree not to send, create or reply to so called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming”(i.e., unsolicited emailing for business or other purposes), or undertake any other activity which may adversely affect the operation or enjoyment of this Site by any other person.
20. Security. Any usernames and passwords used for this Site are for individual use only. You shall be responsible for the security of your username and password (if any). PACE shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that PACE considers insecure, PACE will be entitled to require this to be changed and/or terminate your account.
21. Violation of Security Systems. You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, PACE reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.22.  Investigations. PACE reserves the right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission, posting, or e-mails you make or send to any Forum. PACE may seek to gather information from the user who is suspected of violating these Terms, and from any other user. PACE may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If PACE believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting, or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. PACE will fully cooperate with any law enforcement authorities or court order requesting or directing PACE to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF PACE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF THE PACE GROUP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER A MEMBER OF PACE OR LAW ENFORCEMENT AUTHORITIES.23.  Service. In order to use this Site, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem, mobile device, tablet and/or other access devices).
22. Reservation of Rights. PACE reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.25.  Local Regulations. PACE makes no representation that Materials or other content on the Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from other locations, you do so on your own initiative and at your own risk.

You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

26. Third-Party Sites. This Site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of PACE, and you acknowledge that (whether or not such sites are affiliated in any way with PACE) PACE is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by PACE or any association with its operators.

PACE cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from PACE since other shop channels are owned and operated by independent entities. PACE does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

27. Proprietary Online Services. Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.28.  Jurisdictional Issues. The Materials and all other content in this Site are presented for the purpose of providing information regarding products available in the United States and elsewhere.29.  Choice of Law. With the exception of Section 7 which will be construed in accordance with the FAA and New Jersey law, these Terms shall be governed by, construed and enforced in accordance with the laws of the State of New Jersey, as they are applied to agreements entered into and to be performed entirely within New Jersey.
28. Notice to California Residents. Under California Civil Code Section 1789.3, California users of the online services 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 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
29. General. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and PACE relating to the matters contained here and the Site.Terms Applicable for Apple iOS

If you are accessing or using the online services through an Apple device, the following additional terms and conditions are applicable to you and are incorporated into the Terms of Service by this reference: (a) To the extent that you are accessing the online services through an Apple device, you acknowledge that these Terms of Use are entered into between you and PACE and, that Apple, Inc. (“Apple”) is not a party to these Terms of Service other than as third party beneficiary as contemplated below. (b) The license granted to you in Section 10 of these Terms of Use is subject to the permitted Usage Rules set forth in the App Store Terms (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to the online services. (c) You acknowledge that PACE, and not Apple, is responsible for providing the Site and Content thereof. (d) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the online services. (e) To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the online services. (f) Notwithstanding anything to the contrary herein, and subject to the terms in these Terms of Use, you acknowledge that, solely as between Apple and PACE, PACE and not Apple is responsible for addressing any claims you may have relating to the online services, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the online services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. As set forth under these Terms of Use in Sections 6 and 7, PACE’s liability to you for use of the online services is greatly limited. (g) Further, you agree that if the Site, or your possession and use of the Site, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims. (h) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary thereof. (i) When using the online services, you agree to comply with any and all third party terms that are applicable to any platform, website, technology or service that interacts with the online services.  

2. Ownership of Intellectual Properties

Unless otherwise stated, the contents of this site including, but not limited to, the text and images contained herein and their arrangement are property of PACE. All trademarks used or referred to in this website are the property of their respective owners. Other than as expressly allowed herein, content on this site may not be copied, reproduced, republished, distributed, uploaded, posted or transmitted in any way without the prior written consent of PACE. You may download, display and print one copy of the materials for personal, non-commercial, non-marketing use, provided it is not modified in anyway and all copyright, trademark and proprietary notices are maintained.  

3. Privacy / Security

While PACE has made every effort to protect the privacy of its website users, as well as to prevent security breaches on its website, in the event that such a breach does occur, the website user expressly acknowledges that PACE shall bear no liability for any damages, direct or consequential, resulting from such a breach.      

4. Third Party Links

Links on this site may lead to services or sites not operated by PACE.  PACE takes no responsibility for such other sites and services. A link to another website or service is not an endorsement of that website or service. Any use you make of the information provided on this site, or any site or serviced link to by the PACE website is at your own discretion.

5. Cookies & Tracking Technologies Policy

PACE maintains our websites www.PACE-claims.com and www.PACEclaims.com and our other related websites and mobile websites, services, tools and other applications (collectively, the “Site”). We use a variety of technologies to learn more about how people use the Site. You can find out more about these technologies and how to control them in the information below. This policy forms part of the PACE Privacy Policy.

1. COOKIES & OTHER TRACKING TECHNOLOGIES & HOW WE USE THEM

Like many companies, we use cookies and other tracking technologies on our Site (referred to together from this point forward as “cookies”, unless otherwise stated) including HTTP cookies, HTML5 and Flash local storage, web beacons/GIFs, embedded scripts and e-tags/cache browsers as defined below. We may use cookies for a variety of purposes and to enhance your online experience, for example, by remembering your log-in status and viewing preferences from a previous use of our Site, for when you later return to the Site. We use both session and persistent tracking technologies. Tracking technologies (e.g., cookies) can either be persistent (i.e., they remain on your computer until you delete them) or temporary (i.e., they last only until you close your browser). We also use first and third-party cookies. First party cookies are used and controlled by us to provide services on the Site. In particular, our Site uses the following categories of cookies: Strictly Necessary Cookies: These are cookies which are needed to provide services and features you have specifically requested. We may use cookies and tracking technologies required to prevent fraudulent activity, improve security (both not applicable under German law), for system administration and/or allow you to make use of shopping cart functionality. We are not required to obtain your consent to cookies that are strictly necessary. Analytics and Performance Related Cookies: We may use cookies to assess the performance of our Site, including as part of our analytic practices to improve the content offered through the Site. These cookies may be used to prevent fraudulent activity and improve security. Functionality Related Cookies: We may use cookies to tell us, for example, whether you have visited the Site before or if you are a new visitor and to help us identify the features in which you may have the greatest interest. Targeting Related Cookies: We may use cookies to deliver content, including marketing, relevant to your interests based upon your use of our Site and based on how you interact with our marketing content. By using our Site you consent to the use of cookies and tracking technologies and the corresponding processing of information. You can withdraw your consent at any time by deleting placed cookies and disabling cookies in your browser.

2. YOUR COOKIE CHOICES & HOW TO OPT-OUT

You have the choice whether to accept the use of cookies and we have explained how you can exercise your rights, below. Most browsers are initially set up to accept HTTP Cookies. The “help” feature of the menu bar on most browsers will tell you how to stop accepting new cookies, how to receive notification of new cookies and how to disable existing cookies. For more information about HTTP cookies and how to disable them, you can consult the information at http://www.networkadvertising.org/choices/ and http://www.allaboutcookies.org/manage-cookies/. We are not responsible for the effectiveness of any opt-out options referenced in the links provided above. California residents may be entitled to know the effects of opt-out options under California Business & Professions Code Section 22575(b)(7). The effect of an opt-out, if successful, will be to stop tracking for certain purposes (e.g., marketing), but it will still allow the collection of usage data for certain purposes (e.g., research, analytics and internal Site operation purposes). Controlling the HTML5 local storage on your browser depends on which browser you use. For more information regarding your specific browser please consult the browser’s website (often in the Help section). Please note, however, that without HTTP cookies and HTML5 local storage, you may not be able to take full advantage of all our Site features and some parts of the Site may not function properly.

3. DEFINITIONS

Cookies A cookie (sometimes referred to as local shared objects or LSO) is a data file placed on a device. Cookies can be created through a variety of web-related protocols and technologies, such as HTTP (sometimes referred to as “browser cookies”), and HTML5. Web Beacons Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”) may be included in our Site’s pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or email can act as a web beacon. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to HTTP cookies, which are stored on a user’s computer hard drive, clear GIFs are embedded invisibly on web pages and are about the size of the period at the end of this sentence. Embedded Script An embedded script is programming code that is designed to collect information about your interactions with the Site, such as the links you click on. The code is temporarily downloaded onto your device from our web server or a third-party service provider, is active only while you are connected to the Site, and is deactivated or deleted thereafter.   ETag, or entity tag A feature of the cache in browsers, an ETag is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of device identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash, and/or HTML5 cookies.

5. SOCIAL PLUGINS

We also use social plugins on our Site. The social plugins used on the Site are hosted by our vendor Share This or a social media network such as Facebook and your browser therefore sends this cookie data to that social media network when loading the social plugin inside your browser. These data contain information on your use of the Site. In case you are registered with the social media network, the data will be associated with your data already stored in the social media network. We use a two-click-mechanism for social plugins. Prior to using the social plugin, you must activate it by clicking the social plugin. Until the social plugin is activated, some cookies will not collect your data and they will not be sent to the social media network.