Terms & Conditions

Each time you access the PBTAdvantage (herein, "we", "our", or "us") web site located at www.pbtadvantage.com (the "Site") or any page of it, you agree to all of the terms and conditions of use in effect on that date. PBTAdvantage is a division of Rosebay Development Partners, LLC. Please read these Terms and Conditions of Use ("Terms and Conditions") carefully before using this Site. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW, DO NOT ACCESS THIS SITE OR ANY PAGE OF IT.

Product Information

Any information on this Site regarding products and services is current only as of the date posted. The information presented on this Site regarding products and services is an advertisement and does not constitute in any manner an offer or commitment to provide any such product or service. All products or services may not be available in all geographic areas. Eligibility for certain products and services is subject to our final decision and acceptance. Certain products and services described in this Site or accessible by links to other sites may be offered by third parties, and we are not responsible for and do not guarantee the availability, suitability or performance of any such product or service.

Limitation of Liability

In no event will we, our parent companies or any of our subsidiaries or affiliates, have any liability or responsibility for any loss or damage including, without limitation, any direct, indirect, consequential, incidental, special, or punitive loss or damage that may be incurred by you or any other person arising out of or relating to the use of, or the inability to use, all or any portion of this Site or any linked site or any failure, delay or error in the content, operation, transmission or performance of this Site or any linked site, for any reason whatsoever, or any other damage, or loss or problem, even if we or any of our authorized representatives have been advised of the possibility of such loss or damage.

No Warranty

THIS SITE AND MATERIAL CONTAINED IN THE SITE, INCLUDING TEXT, GRAPHICS, LINKS, AND OTHER ITEMS ARE POSTED "AS IS" AND "AS AVAILABLE" AND NO REPRESENTATION OR WARRANTY IS MADE AS TO THE ADEQUACY, ACCURACY, SUFFICIENCY, SUITABILITY, TIMELINESS, OR COMPLETENESS OF THE SITE OR ANY LINKED SITE OR THE INFORMATION, PAGES, OR OTHER MATERIALS INCLUDED

HEREIN OR THEREIN, AND NEITHER WE NOR ANY OF OUR AFFILIATES SHALL HAVE ANY RESPONSIBILITY THEREFOR. NEITHER WE NOR OUR PARENT COMPANIES, OR ANY OF OUR SUBSIDIARIES OR AFFILIATES, MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE SITE OR ANY INFORMATION OR MATERIALS ON OR ACCESSED THROUGH THE SITE OR ANY LINKED SITE, NOR THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION OR MATERIALS OBTAINED THROUGH OR AS A RESULT OF ANY VISIT TO THE SITE OR ANY LINKED SITE, AND EACH OF THE FOREGOING EXPRESSLY DISCLAIMS ALL IMPLIED AND EXPRESS WARRANTIES OF ANY TYPE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, NON- INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, AND FREEDOM FROM COMPUTER VIRUS OR OTHER DISABLING PROCEDURE.

Linked Sites

We are not responsible for any of the external linked Internet web sites that may be accessed through the Site. The content, accuracy, authenticity, products and services and links of other web sites are the sole responsibility of their authors and owners, and are not investigated, verified, or monitored by us.

Use of Information

Any information contained on this Site or any linked site is not intended to provide and should not be relied upon for legal, financial or tax advice. You should consult your legal, financial or tax advisor before relying upon or using any such information.

Geographical Limitations; Applicable Law; and Venue

Our products and services are provided subject to federal law and applicable laws in the states in which we are licensed to conduct business.

Access to and use of this Site and these terms and conditions are governed by the laws of the United States and to the extent not inconsistent therewith, the laws of the State of Alabama. {This web site is controlled and operated by us from our offices in the State of Alabama, United States of America.} We make no representation or warranty that the information, including products and services information on this Site is appropriate or available for use in all geographic locations.

By providing specific product and service information through this Site, we are not soliciting any person to use or apply for such products or services in jurisdictions in which such products and services are not available or in which the provision of any such information, products or services is prohibited by law.

You and we further agree that for any dispute arising out of or in connection with your access to and use of this Site or any linked site, proper venue and jurisdiction will exist in the courts of competent jurisdiction located in Birmingham Jefferson County, Alabama. You and we consent to the jurisdiction of such courts and specifically waive any objection to such venue or jurisdiction.

Copyright and Trademark Information

Copyright in this Site, including, but not limited to, the pages, image, text, graphics, design, and screens displaying the pages, and the information and material therein and in their arrangement, is owned by PBTAdvantage, LLC, and its affiliates and subsidiaries, unless otherwise indicated. The information located throughout this Site may not be copied, modified, distributed, reproduced, licensed, transmitted, displayed, transferred, reused or sold without the express written permission PBTAdvantage, LLC. Any person is hereby authorized to view the information available on the Site for informational purposes only.

Any and all references herein to the corporate names, tradenames, trademarks and servicemarks ("Marks") of any third parties are intended to accurately identify such parties as the sources of specific products and services. We acknowledge the proprietary rights of such third parties to their identified Marks and make no claim of license or interest in such Marks. There is no intention on our part to improperly use or dilute the proprietary rights of owners and authorized users of such Marks. We do not intend to make any claim of association with any such third party or its products and services by using such Marks. We use any such third party Marks with permission from or pursuant to a contract with the third party.

No license to the user is implied in these Terms and Conditions or elsewhere in this Site.

Amendments

We may amend or modify, in our sole discretion, these Terms and Conditions at any time without notice. You should check this page for changes each time you visit this Site.

Entire Agreement

Unless expressly varied by us in writing, these Terms and Conditions, together with the Privacy Policy are the entire agreement between you and us relating to access to and use of this Site.

Severability

If any provision of these Terms and Conditions is determined to be invalid or unenforceable pursuant to a final and nonappealable judgment by a court or arbitral authority of competent jurisdiction, the remainder of these Terms and Conditions shall remain in full force and effect without regard to such invalid or unenforceable provision.

Arbitration; Waiver of Jury Trial

Any dispute, controversy or claim between you and us (including without limitation, any of our any affiliates, subsidiaries, directors, officers, employees or other representatives) of any type or kind whatsoever, including, but not limited to, any dispute, claim, or controversy arising out of or relating to (a) the Site or any linked site; (b) these Terms and Conditions, including without limitation, any dispute or controversy over the scope or validity of this agreement to arbitrate disputes; (c) any relationship resulting from these Terms and Conditions or the Site; or (d) any breach of these Terms and Conditions; whether based on statute, contract, tort or any other legal theory (including, without limitation, claims of fraud, suppression, misrepresentation and fraud in the inducement), and whether now existing or arising in the future (collectively, a "Claim") shall be resolved by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). You and we agree that your access to and use of this Site and/or any linked site as well as these Terms and Conditions and this arbitration agreement is made pursuant to a transaction involving or affecting interstate "commerce" under the Federal Arbitration Act (9 U.S.C. 1, et seq.). You agree that any such Claim will be settled on an individual (non-class) basis by binding arbitration under the Federal Arbitration Act. Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute regarding whether a particular controversy is subject to arbitration will be decided by the arbitrator. Each of the parties to this contract voluntarily and knowingly waives any right to a trial by jury with respect to any such Claim.

The arbitrator shall be a licensed attorney having at least ten (10) years experience as a practicing attorney and/or judge. The arbitration award shall be based on substantial evidence, and the arbitrator shall award only such relief as a court of competent jurisdiction could properly award under applicable law (including attorneys fees if allowed by applicable law or agreement) and may award to the prevailing party all pre- and post-award expenses of arbitration. All statutes of limitation, defenses and attorney-client or other privileges that would apply in a court proceeding will apply in the arbitration. Any claims by or on behalf of other persons will not be considered in or consolidated with any arbitration proceedings between you and us. This agreement to arbitrate does not limit the right of you or us, whether before, during or after the commencement of any arbitration proceeding, to exercise any self-help remedies such as setoff, or to obtain provisional or ancillary remedies and injunctive or other traditional equitable relief, other than a stay of arbitration, to protect the rights or property of the party seeking such relief. Such judicial relief may take the form of a lawsuit against either party. The taking of any such action shall not constitute a waiver of the rights of either party to compel arbitration regarding any Claim. This agreement to arbitrate disputes will survive your access to this Site or any linked site.