TERMS OF USE
Welcome to the web site (“Web Site”) of Three Rivers Business Alliance (“3RBA”). 3RBA
provides you this Web Site and the features thereon subject to the following Terms of Use
(“Terms”). Please read these Terms carefully.
Effective Date
Agreement and Acceptance of Terms
Privacy
Consent to Electronic Communications
Copyright and Other Proprietary Rights
Trademarks
License and Site Access
Security
Posted Content
Descriptions
Links to Third-Party Web Sites
Pricing
Payment and Order/Donation Process
Minor Users
Termination
Disclaimers of Warranties and Limitations of Liability
Applicable Law
Jurisdiction and Venue of Disputes
Site Policies, Modification, and Severability
Notice and Procedure for Making Claims of Copyright Infringement
Owner and Operator
Effective Date
These Terms were last updated on February 28, 2021.
Agreement and Acceptance of Terms
By accessing, visiting, browsing, shopping on, or otherwise using this Web Site, you agree to be
bound by and accept the Terms, Privacy Policy (posted separately), and all disclaimers and
Terms that appear elsewhere on this Web Site. If you do not agree to the Terms, Privacy Policy,
and all other disclaimers and Terms that appear in this Web Site, then you should not use and/or
immediately discontinue your use of this Web Site.
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Privacy
Your use of this Web Site is subject to the Privacy Policy which is posted separately and referred
to and incorporated herein by reference. Please review the Privacy Policy to understand our
practices.
Consent to Electronic Communications
When you use this Web Site, send e-mail messages to us, complete the “Contact Us” form or
post messages on the Web Site’s Blog, you are communicating electronically with 3RBA. You
consent to receive communications electronically from 3RBA. 3RBA will communicate with
you by e-mail message or by posting notices on this Web Site. You agree that all agreements,
notices, disclosures, and other communications that 3RBA provides to you electronically satisfy
any legal requirement that such communications be in writing.
Copyright and Other Proprietary Rights
Copyright © 2018 Three Rivers Business Alliance. All rights reserved.
All content included on, comprising and/or compiled on this Web Site including without
limitation typefaces, text, logos, button icons, graphics, images, photographs, videos, audio clips,
digital downloads, information, data, software and other material (collectively, “Content”) is the
property of 3RBA or its content or software suppliers and is protected by the copyright,
trademark, patent or other proprietary rights, and these rights are valid and protected in all forms,
media and technologies existing now or developed in the future. All Content is copyrighted as a
collective work under the U.S. and international copyright laws, and 3RBA owns, to the fullest
extent allowed by such laws, the copyright in the selection, coordination, arrangement,
compilation and enhancement of all Content.
Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment,
add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative
works from or in any way exploit any of the Content, in whole or in part.
The logos and other trademarks on this Web Site are the property of their respective owners and
are owned by, licensed to, or, where required, used with permission by 3RBA and may not be
reproduced, copied, or manipulated in any manner without the express, written approval of the
trademark owner.
Trademarks
The Web Site’s graphics, logos, page headers, button icons, scripts, and service names are
trademarks, registered trademarks and/or trade dress of 3RBA in the United States and/or other
countries. The trademarks and trade dress of 3RBA may not be used in connection with any
product or service that is not 3RBA, in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits 3RBA. All other trademarks not
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owned by 3RBA 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 3RBA.
License and Site Access
3RBA grants you a limited license to access and make non-commercial, personal use of this Web
Site and its Content, provided you retain all copyright, trademark and other proprietary notices
contained in this Web Site and/or its Content, do not modify or alter this Web Site and/or its
Content, and do not copy or post this Web Site and/or its Content on any network computer or
broadcast the material in any media. This license does not include any resale or commercial use
of this Web Site or its Contents; any collection and use of any product listings, descriptions, or
prices; any derivative use of this Web Site or its Contents; any downloading or copying of
account information for the benefit of another merchant; any use of data mining, robots, or
similar data gathering and extraction tools. Further, neither this Web Site or its Contents nor any
portion of this Web Site or its Contents may be downloaded (other than page caching),
reproduced, duplicated, copied, modified, transmitted, distributed, sold, resold, used, reused,
posted, reposted, visited, or otherwise exploited for any public or commercial purpose without
the express written permission from an authorized representative of 3RBA. Additionally,
without the express written permission from an authorized representative of 3RBA, you may not
either frame or utilize framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of 3RBA, or use any meta tags or any
other “hidden text” utilizing 3RBA name or trademarks. It is strictly prohibited to download the
images or photographs within this Web Site.
This Web Site may be used only for lawful purposes. Activities including without limitation
tampering with this Web Site, misrepresenting the identity of a user, using buying agents or
conducting fraudulently activities on this Web Site are prohibited.
Any unauthorized use terminates the permission or license granted by 3RBA. You are granted a
limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Web
Site so long as the link does not portray 3RBA or its products or services in a false, misleading,
derogatory, or otherwise offensive matter. You may not use any 3RBA logo or other proprietary
graphic or trademark as part of the link without the express written permission from an
authorized representative of 3RBA.
Security
Users of this Web Site are prohibited from violating or attempting to violate the security of this
Web Site, 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) using this Web Site for
unintended purposes or trying to change the behavior of the site; (c) attempting to probe, scan or
test the vulnerability of a system or network or breach security or authentication measures
without proper authorization; (d) 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,” “mail-bombing” or “crashing;” (f) forging any TCP/IP packet header
or any part of the header information in any e-mail or newsgroup posting; or (g) forging
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communications on behalf of this Web Site (impersonating this Web Site) or to this Web Site
(impersonating as a legitimate user). Sending unsolicited and unauthorized e-mail on behalf of
3RBA, including promotions and/or advertising of products or services, is expressly prohibited.
Violations of system or network security may result in civil or criminal liability.
You agree not to use any device, software or routine or data to interfere or attempt to interfere
with the proper working of this Web Site or any activity being conducted on this Web Site. You
agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device
or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent
agents) to navigate or search this Web Site other than the search engine and search agents
provided by 3RBA or generally publicly available browsers.
Posted Content
Certain features on this Web Site currently or in the future may allow you to post reviews,
comments, photographs, and other content; send ecards and other communications; and submit
suggestions, ideas, comments, questions, or other information (collectively, “Posted Content”).
You may supply Posted Content to this Web Site so long as the Posted Content is not illegal,
obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights,
or otherwise injurious to third parties or objectionable and does not consist of or contain software
viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form
of “spam.” You may not use a false e-mail address, impersonate any person or entity, or
otherwise mislead as to the origin of Posted Content. 3RBA reserves the right (but not the
obligation) to remove or edit any Posted Content, but does not regularly review Posted Content.
If you do supply Posted Content, and unless we indicate otherwise, you grant 3RBA a
nonexclusive, royalty-free, perpetual, irrevocable, unrestricted and fully sublicensable right to
use, modify, reproduce, adapt, publish, translate, create derivative works from, transmit, display
and distribute such Posted Content throughout the world in any media and for any purpose
whatsoever to the extent permitted by law. Also, you grant 3RBA and its sub-licensees the right
to use the name that you submit in connection with the Posted Content, if they choose. By
supplying the Posted Content, you represent and warrant that: (i) you own or otherwise control
all of the rights to the Posted Content; (ii) the Posted Content is non-confidential; (iii) the Posted
Content is accurate; (iv) use of the Posted Content does not violate any of this Web Site’s Terms
and will not cause injury to any person or entity; and (v) you will indemnify 3RBA for all claims
resulting from the Posted Content you supply.
3RBA has the right but not the obligation to monitor and edit or remove any activity or content.
3RBA takes no responsibility and assumes no liability for any content posted by you or any third
party.
Descriptions
3RBA attempts to be as accurate as possible. However, 3RBA does not warrant that the
descriptions of products and services or other Content of this Web Site are accurate, complete,
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reliable, current, or error-free. Nor does 3RBA guarantee that the color you see matches the
product color, as the display of the color depends, in part, upon the monitor you are using.
Links to Third-Party Web Sites
This Web Site contains links to other sites operated by third-parties (“Third-Party Sites”). These
links are available for your convenience and are intended only to enable access to these ThirdParty Sites and for no other purpose.
3RBA is not responsible for examining or evaluating any Third-Party Site or its content. Nor
does 3RBA warrant or make any representation about the substance, quality, functionality,
accuracy, fitness for a particular purpose, merchantability or any other representation about any
Third-Party Site or its content or any products, services or other offerings made in any ThirdParty Site. A link to a Third-Party Site on this Web Site does not constitute sponsorship,
endorsement, approval or responsibility for any Third-Party Site or its content. 3RBA makes no
representation or warranty as to any products or services offered on any Third-Party Site, and
3RBA assumes no responsibility or liability for the actions, products, services and/or content of
any Third-Party Site.
The Terms of use and privacy policy of any Third-Party Site may differ substantially from the
Terms and Privacy Policy that apply to your use of this Web Site. Please review the Terms of
use for all Third-Party Sites for more information about the terms and Terms that apply to your
use of Third-Party Sites.
Pricing
The prices, offers, events, donation requests and other information contained in this Web Site are
subject to change without notice. Errors will be corrected where discovered, and 3RBA reserves
the right to revoke any stated price, offers, events, donation requests and other information, and
to correct any errors, inaccuracies or omissions including after an order or donation has been
submitted and whether or not the order or donation has been confirmed and your credit card
charged. If your credit card has already been charged and your order or donation is cancelled,
3RBA will issue a credit to your credit card account in the amount of the charge. Individual
bank policies will dictate when this amount is credited to your account.
Please note that these Terms apply only to the services, offers, events and donation requests of
the 3RBA. Your purchases from Third-Party Sites are subject to and govern by those sites’
policies and practices.
Payment and Order/Donation Process
Currently, 3RBA accepts Visa®, MasterCard®, American Express® and Discover® Card.
Credit or debit cards are charged at the time that you apply for membership, submit an order or
make a donation through this Web Site.
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After you apply for membership, submit an order or make a donation, 3RBA will check the
information that you provide for validity, by verifying your method of payment and/or other
requested information. 3RBA reserves the right to reject or limit any application, order or
donation, without giving you any reason. If 3RBA rejects your application, order or donation,
we will attempt to notify you using the e-mail address you have given us with your application or
donation. Your credit or debit card will normally not be charged if 3RBA rejects your
application, order, or donation, but we will process a refund if the charge has been made against
your credit card.
Your receipt of an electronic or other form of order confirmation does not signify 3RBA
acceptance of your application, order or donation; nor does it constitute confirmation by 3RBA
of your membership, order or donation. 3RBA reserves the right at any time after receipt of your
application, order, or donation to accept or decline your membership, order or donation for any
reason.
Minor Users
3RBA does not provide services to or sell products for children; nor does the 3RBA accept
donations from children. Rather, 3RBA offers services and products to and accepts donations
from adults, who can use a credit card or other permitted payment method. If you are under the
age of eighteen (18) years old, you may use this Web Site only with involvement of a parent or
guardian. 3RBA reserves the right to refuse service, terminate accounts, remove, or edit content,
or cancel orders in their sole discretion.
Termination
3RBA may, in its sole discretion, terminate your use of this Web Site at any time. You are
personally liable for any orders or donations that you place or charges that you incur prior to
termination. 3RBA reserves the right to change, suspend or discontinue all or any aspects of this
Web Site, its Content and/or the products, services and other offers set forth in this Web Site at
any time without prior notice.
Disclaimers of Warranties and Limitations of Liability
This Web Site and its Content are provided on an “AS IS” and “AS AVAILABLE” basis, and
this Web Site, its Content, its software, the servers and/or networks on which the Web Site
resides, any electronic communications sent by 3RBA to you and/or any other electronic files
available at this Web Site may contain bugs, worms, viruses, errors, problems, harmful
components, or other limitations. Neither 3RBA nor its affiliates, subsidiaries or designees nor
each of their respective officers, directors, employees, agents, third-party content providers,
designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively,
“Associates”) make any representation or warranty as to either the accuracy, integrity,
completeness, currency or suitability of the Web Site or its Content or the operation of this Web
Site, including without limitation that your use of this Web Site will be uninterrupted or errorfree. Further, 3RBA and its Associates do not represent or warrant that this Web Site, its
Content, its software, the servers and/or networks on which the Web Site resides, any electronic
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communications sent by 3RBA to you and/or any other electronic files downloaded or available
through this Web Site are or will be free of bugs, worms, viruses, errors, problems, harmful
components, or other limitations. Moreover, 3RBA and its Associates make no representation or
warranty that the Content on this Web Site is applicable to, or appropriate for use in, locations
outside of the United States. All responsibility and/or liability for any damages caused by your
use of this Web Site, including without limitation by bugs, worms, viruses, errors, problems,
harmful components, or other limitations, are disclaimed. You understand and agree that your
use of this Web Site and any material downloaded, obtained, or otherwise accessed through this
Web Site is done at your own discretion and your own risk, and that you are solely responsible
for any and all damage to your computer system or loss of data that may result from using this
Web Site and/or downloading of any such material. You further agree that if you are dissatisfied
in any manner with this Web Site or your use of this Web Site, then your sole and exclusive
remedy is to discontinue your use of this Web Site.
TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, 3RBA AND ITS
ASSOCIATES DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR
IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE,
MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY
AND/OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR
WRITTEN INFORMATION GIVEN BY 3RBA OR ITS ASSOCIATES SHALL CREATE
A WARRANTY.
UNDER NO CIRCUMSTANCES SHALL 3RBA OR ITS ASSOCIATES BE LIABLE
FOR: (i) ANY INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES;
AND (ii) ANY CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION
BODILY INJURY TO PERSON (INCLUDING DEATH), DAMAGE TO PROPERTY,
AND COMMERCIAL LOSS OF ANY KIND (INCLUDING LOSS OF BUSINESS,
PROFITS, REVENUE OR SAVINGS), RESULTING FROM, ARISING OUT OF OR
RELATING TO, DIRECTLY OR INDIRECTLY, THE USE OF OR INABILITY TO USE
THIS WEB SITE OR ITS CONTENT, INCLUDING WITHOUT LIMITATION ANY
WEB SITES MAINTAINED BY THIRD PARTIES AND LINKED TO THIS WEB SITE
AND/OR ANY RELIANCE BY YOU ON ANY CONTENT OBTAINED FROM THIS
WEB SITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS,
DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR
TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THIS PROVISION
APPLIES TO ALL CLAIMS WHETHER BASED UPON BREACH OF WARRANTY,
BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR ANY
OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER 3RBA OR ITS
ASSOCIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
OR LOSSES.
The disclaimer of warranties and limitation of damages set forth in these Terms are fundamental
elements of the basis of the bargain between 3RBA and you. By using this Web Site, you
acknowledge and agree that 3RBA has an interest in limiting the liability of itself and its
Associates. You further agree that you will not bring any claim against 3RBA and/or its
Associates with respect to any damages or losses you suffer in connection with this Web Site and
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that the limitations of warranties, liability and damages set forth in these Terms will protect both
3RBA and its Associates and any and all of their successors and assigns.
By using this Web Site, you acknowledge and agree that the exclusions and limitations of
warranties, liability and damages set forth in these Terms are reasonable. If you do not think
they are reasonable, you must not use and/or immediately discontinue your use of this Web Site.
Available Remedies
3RBA reserves the right to seek all remedies available at law and in equity for violations of these
Terms, including but not limited to the right to block access from a particular Internet address to
this Web Site and/or any of its features.
Fraud Protection and Compliance
3RBA reserves the right to investigate complaints or reported violations of these Terms and to
take any action we deem appropriate, including but not limited to, reporting any suspected
unlawful activity to law enforcement officials, regulators, or other third parties. We may
disclose any information, including personally identifiable information, which we deem
necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or
governmental request. Also, we may exchange information, including personally identifiable
information, with other companies and organizations for credit fraud protection and risk
reduction.
Applicable Law
This Web Site is created, operated, and controlled by 3RBA in the Commonwealth of
Pennsylvania, United States of America. By using this Web Site, you agree that the laws of
Pennsylvania shall govern the validity, performance, and enforcement of these Terms and any
dispute of any sort that might arise between you and 3RBA, without giving effect to any conflict
of laws, principles or any other rule or regulation that would result in the application of the law
of any other state or country.
Jurisdiction and Venue of Disputes
Any dispute relating in any way to your visit to this Web Site or to products or services sold or
distributed by 3RBA or through this Web Site shall be adjudicated exclusively in any state or
federal court in Allegheny County, Pennsylvania, and you consent to exclusive jurisdiction and
venue of such courts.
Non-Assignment
These Terms are not assignable or transferable and may not be sub-licensed by you without
3RBA’s prior written consent. 3RBA may assign this Agreement in whole or in part. No
agency, partnership, joint venture, or employment relationship is created by these Terms.
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Site Policies, Modification and Severability
Please review our other policies, such as our Privacy Policy, posted separately on this Web Site.
These policies also govern your visit to this Web Site.
We reserve the right to make changes to this Web Site, these Terms, the Privacy Policy, and
other site policies at any time. Each time you use this Web Site, you should visit and review the
then current Terms, Privacy Policy and other site policies that apply to your use of this Web Site
and any transactions made while on this Web Site.
If any term, clause, or provision of these Terms shall be determined by a court of competent
jurisdiction to be void, invalid or unenforceable under applicable law or for any other reason,
then only that term, clause, or provision as is determined to be void, invalid or unenforceable
shall be stricken from these Terms or modified to make it no longer void, invalid or
unenforceable. Further, such void, invalid or unenforceable term, clause or provision shall not
affect the enforceability of the other terms, clauses or provisions of these Terms, and these
Terms shall remain in full force and effect in all other respects.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement,
please provide 3RBA’s copyright agent the written information specified below. Please note that
this procedure is exclusively for notifying 3RBA that your copyrighted material has been
infringed.
• A physical or electronic signature of a person authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or if multiple
copyrighted works at a single online site are covered by a single notification, a
representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit the service provider to locate the material.
• Information reasonably sufficient to permit the service provider to contact the
complaining party, such as an address, telephone number, and if available, an e-mail
address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in
the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of
perjury, that the complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
The designated agent of 3RBA to receive notifications of claimed infringement can be reached as
follows:
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Mail:
Three Rivers Business Alliance
c/o Secretary
1735 E. Carson Street #403
Pittsburgh, PA 15203
E-mail: info@3RBA.com
Telephone: (412) 346-4161
For additional information regarding this procedure, please reference the Digital Millennium
Copyright Act (DMCA), 17 U.S.C. §512. 3RBA provides the above contact information for
purposes of the DMCA only and reserves the right to respond only to correspondence that is
relevant to this purpose.
Owner and Operator
3RBA is the owner and operator of this Web Site. References to “3RBA” herein refer to Three
Rivers Business Alliance and/or its respective affiliates, subsidiaries, designees, and assignees as
deemed appropriate by 3RBA.
The on-line address for this Web Site is http://www.3RBA.com. The mailing address for 3RBA
is 1735 E. Carson Street #403, Pittsburgh, PA 15203, and its telephone number is (412) 346-
4161.
Entire Agreement
These Terms constitute the entire agreement between 3RBA and you and govern your use of this
Web Site, and you agree and acknowledge that any other agreements between 3RBA and you
concerning your use of this Web Site are superceded and of no further force or effect.