Terms Of Use

Effective date: May 1, 2025

These Terms of Use (“Agreement”) describe the terms and conditions on which The Pittsburgh Penguins Foundation, with offices at located at One Chatham Center, Suite 300, Pittsburgh, PA 15219 (“the Foundation,” “we,” “us” or “our”) offers you access to www.pittsburghpenguinsfoundation.org and any other websites under the control of the Foundation that link to or reference these Terms of Use (collectively, the “Websites”).

BY ACCESSING AND USING THE WEBSITES, YOU AFFIRM THAT:

  • YOU HAVE READ AND UNDERSTAND THIS AGREEMENT;
  • YOU WILL COMPLY WITH THIS AGREEMENT; AND
  • YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO A LEGAL AGREEMENT

Important Note

Please read carefully the sections titled “DISCLAIMER OF WARRANTIES” and “LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES”. These provisions limit the Foundation’s liability to you.

THIS AGREEMENT INCLUDES A WAIVER OF JURY TRIALS, AND REQUIRES BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, OR TO ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED THROUGH THE WEBSITE. THIS AGREEMENT LIMITS THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. BY ENTERING INTO THESE TERMS OF USE, YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW. PLEASE SEE THE SECTION TITLED “DISPUTES” BELOW FOR MORE INFORMATION REGARDING ARBITRATION.

Before accessing and using the Websites, please read this Agreement carefully. If you do not agree to any term of this Agreement, please do not use the Websites.

Important Note

The Effective Date of this Agreement is set forth at the top of this webpage. As we add new features, we may revise or supplement this Agreement. We will notify you of any changes to this Agreement by updating the Effective Date at the top of this page, and your use after such change signifies your acceptance of the Agreement, as amended. We will not make revisions that have a retroactive effect unless we are legally required to do so or to protect other users of the Websites. As of the Effective Date, the amended Agreement supersedes all previous versions of or agreements, notices, or statements about this Agreement.

Online Giving Disclosure

Contributions to The Pittsburgh Penguins Foundation will support the organization’s mission to be the champions of all youth in our community, on and off the ice, through the power of hockey. The Pittsburgh Penguins Foundation is qualified as a charitable organization under Section 501(c)(3) of the Internal Revenue Code (the “Code”) and is classified as a public charity. Contributions to The Pittsburgh Penguins Foundation are tax deductible to the extent permitted by law. Please consult your tax advisor for questions regarding deductibility.  Information concerning The Pittsburgh Penguins Foundation, including financial, licensing and charitable purposes may be obtained without cost by writing to:

The Pittsburgh Penguins Foundation
Attention: Legal Department
One Chatham Center, Suite 300, Pittsburgh, PA 15219

The official registration and financial information of The Pittsburgh Penguins Foundation may be obtained from the Pennsylvania Department of State by calling toll-free, within Pennsylvania, 1-800-732-0999. Registration does not imply endorsement.

Foundation Content

The Foundation retains full and complete title to all information and materials provided on, through, or submitted to the Websites, including any artwork, graphics, text, video and audio clips, trademarks, logos and other content (collectively, “Foundation Content”). The trademarks, service marks, logos, slogans, trade names and trade dress used on the Website are proprietary to the Foundation or its affiliates or licensors. Unauthorized use of any trademark of the Foundation, its affiliates, or licensors may be a violation of applicable trademark laws. Any third-party names or trademarks referenced through the Website do not constitute or imply affiliation, endorsement or recommendation by the Foundation of the third parties, or by the third parties of the Foundation.

If you agree to this Agreement, then you may download, print and/or copy Foundation Content solely for your own personal use. 

Except for content that is in the public domain or unless the Foundation provides you with written authorization to do so, you may not:

  • Incorporate any Foundation Content into any other work (such as your own website) or use Foundation Content in any public or commercial manner;
    • Copy, modify, reproduce, adapt, reverse engineer, distribute, frame, republish, upload, display, post, transmit, transfer, license or sell Foundation Content in any form or by any means;
    • Change any of the notices about copyright, trademarks or other intellectual property rights that may be part of the Foundation Content; or
    • Deep link’ to any of the Websites (i.e., link to any page other than the home page of one of the Websites).

EXCEPT FOR FOUNDATION CONTENT PROVIDED BY US OR OUR AGENTS, WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE WEBSITES OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY THIRD PARTY.

Using the Websites

Age of Eligibility: You must be the age of legal majority or older in your place of residence to use the Websites.

Children’s Data: For more information on how we may collect and use children’s data, please visit our Children’s Online Privacy Protection Act (“COPPA”) Notice.Your Account: You may be required to create an account to use certain features of the Websites.

You agree that you will maintain your Account information to ensure that it is always current, complete, and accurate. If you provide untrue, incomplete, misleading, or inaccurate information, you understand that we have the right to terminate your account and use of the Websites.

You agree to protect the security of your Account. You are responsible for all use of your Account, including your login credentials (i.e., username and password) and activation codes and passwords. The Foundation treats access to the Websites through your account credentials as authorized by you. Any access, activity, or purchases made by an authorized business user account will be treated as authorized by the associated registered linked business account. Unauthorized access to password-protected or secure areas is prohibited and may lead to criminal prosecution. The Foundation may suspend your use of all or part of the Websites without notice if we suspect or detect any breach of security. Please immediately notify the Foundation using the contact information provided below if you believe that information you provided to us is no longer secure or if you need to deactivate your account or password.

Text Messaging: Certain services may offer text messaging (SMS or MMS) and push notification services (“Messages”). Message and data rates may apply. Once you opt-in to receive Messages from us, the frequency of Messages that we send to you depends on your transactions with us. All charges are billed by and payable to your wireless service provider. Please contact your wireless service provider for pricing plans and details. Message services are provided on an “as is” basis and may not be available in all areas at all times. 

By agreeing to receive messages, you understand and agree that the Foundation may use an automatic dialing system to deliver messages to you and that your consent to receive messages is not required as a condition of purchase for any goods or services.

Accessing the Websites: You are responsible for the software, hardware, and Internet service needed to access and use the Websites. If you access and use the Websites on your smartphone, tablet, or other mobile device (“Mobile Device”), you are solely responsible for any and all data and other fees related to use of the Websites through your Mobile Device. 

We do not guarantee availability of the Websites at all times of the day. The Foundation may from time to time perform upgrades, updates or otherwise make the Websites unavailable. To the maximum extent authorized under applicable law, we reserve the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Websites at any time and without notice. The Foundation has no obligation to provide access to or support for the Websites. 

Restrictions on Your Use of Websites: You may use the Websites for lawful, non-commercial purposes only. 

You agree that you will not (and you agree not to encourage or allow any third party to):

  • Breach, test, circumvent (or attempt to breach, test or circumvent) any security, copy protection or rights management feature in the Websites or otherwise attempt to gain unauthorized access to the Websites, other users’ Accounts, or the Foundation’s computer systems or networks,
  • Copy, modify, translate, adapt or otherwise create derivative works or improvements (whether or not patentable) of any part of the Websites;
  • Decompile, reverse engineer, disassemble or decode the Websites or otherwise attempt to derive or gain access to the source code of any part of the Websites (unless applicable laws specifically prohibit such restriction);
  • Remove, alter or obscure any copyright, trademark or other intellectual property or proprietary notices contained in the Websites;
  • Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the Websites;
  • Use the Websites to advertise, buy or sell any products or services;
  • Distribute, rent, sublicense, lease, lend, sell, resell, assign, transfer, transmit, stream, broadcast or otherwise make available or exploit any features or functionality of the Websites including though time-sharing, use of service bureau or by otherwise making the Websites available on a network on which it is accessible by more than one device at any time;
  • Reformat or frame any portion of the web pages that are part of the Websites without the Foundation’s written consent;
  • Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Websites or unduly burdening or hindering the operation and/or functionality of any aspect of the Websites;
  • Create an Account under fraudulent pretenses; or
  • Collect or store Personal Data (as defined in the Privacy Notice) about any other user without his or her express prior written consent.

Submissions

The Foundation may from time to time offer areas in the Websites where you and other users can share ideas, photos, designs, plans, or other information or materials (collectively, “Submissions”). You are the owner of and are responsible for your Submissions.

By submitting a Submission, you represent and warrant that:

  • Your Submission is true and accurate;
    • You own or otherwise control all of the rights to your Submission, including copyrights and trademarks, necessary to meet your obligations to the Foundation under this Agreement; and
  • Your Submission does not violate the privacy, publicity, intellectual property or other rights of any other person or entity.

THE FOUNDATION TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY SUBMISSION, INCLUDING LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT IN SUBMISSIONS. UNDER NO CIRCUMSTANCES ARE YOU ENTITLED TO PAYMENT FOR YOUR SUBMISSIONS. ALL SUBMISSIONS ARE DEEMED NON-CONFIDENTIAL AND NON-PROPRIETARY.

Disclaimer of Warranties

The Foundation warrants that the Foundation has validly entered into this Agreement and has the legal power to do so. You warrant that you have validly entered into this Agreement and have the legal power to do so. 

EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE WEBSITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. The Foundation specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. The Foundation does not warrant that (a) the Websites will meet your requirements, (b) operation of the Websites will be uninterrupted or virus- or error-free or (c) errors will be corrected. Any oral or written advice provided by the Foundation or its authorized agents does not and will not create any warranty. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

YOUR USE OF THE WEBSITES IS AT YOUR OWN RISK.

Limitation of Liability and Exclusion of Certain Damages

YOU WAIVE AND AGREE NOT TO ASSERT AGAINST THE FOUNDATION OR ITS AFFILIATES ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE FOUNDATION KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN EACH CASE, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE WEBSITES OR TO THE CONDUCT OF YOU OR ANY OTHER REGISTERED USER IN CONNECTION WITH THE USE OF THE WEBSITES. THE MAXIMUM AGGREGATE LIABILITY OF THE FOUNDATION AND ITS AFFILIATES TO YOU WITH RESPECT TO YOUR USE OF THE WEBSITES IS USD $100 (ONE HUNDRED DOLLARS), PROVIDED THAT THE MAXIMUM AGGREGATE LIABILITY OF THE FOUNDATION AND ITS AFFILIATES TO YOU FOR DISSATISFACTION OF ANY PURCHASES MADE VIA THE WEBSITES SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR SUCH PURCHASES.

The foregoing disclaimer of liability will not apply to the extent prohibited by applicable law in the jurisdiction of your place of residence. You acknowledge and agree that the above limitations of liability together with the other provisions in this Agreement that limit liability are essential terms and that the Foundation would not be willing to grant you the rights set forth in this Agreement but for your agreement to the above limitations of liability.

Disputes

At the Foundation's sole discretion, we may require you to submit any disputes arising from this Agreement or use of the Websites, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association to be conducted in Allegheny County, Pennsylvania applying Pennsylvania law. The Foundation and you waive any right to a jury trial.

Governing Law and Jurisdiction

By using the Websites, you agree that applicable federal law, and the laws of the Commonwealth of Pennsylvania, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort arising from or relating to this Agreement that might arise between you and the Foundation.

Notice to California Residents

BY USING THE WEBSITES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

If the Websites are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:

The provider of the Websites is:

The Pittsburgh Penguins Foundation
Attention: Legal Department
One Chatham Center, Suite 300, Pittsburgh, PA 15219
(412) 255-1952

If the Websites are deemed as electronic commercial service, you may file a complaint regarding the Websites or to receive further information regarding use of the Websites by sending a letter to the attention of “Legal Department” at the above address.

International Use

We provide the Websites for use only in the United States and by persons located in the United States. We make no claims that the Websites or any of its content is accessible or appropriate outside of the United States. Access to the Websites may not be legal by certain persons or in certain countries. If you access the Websites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Termination

You may terminate your Account at any time for any reason effective upon written notice to the Foundation. The Foundation reserves the right immediately to suspend or terminate your access to the Websites without notice if the Foundation believes you violated this Agreement.

Termination will not limit any of the Foundation’s other rights or remedies. The sections titled Foundation Content, Submissions, Disclaimer of Warranties, Limitation of Liability and Exclusion of Certain Damages, Disputes, General Terms and any other provision that is intended to survive termination shall survive termination of this Agreement.

Links to Other Websites and Services

The Websites contain links to other websites and services that we think may interest you, including social networking (collectively, “Linked Services”). Linked Services are not under the control of the Foundation and the Foundation is not responsible for Linked Services or for any information or materials on, or any form of transmission received from, any Linked Service. The inclusion of a link does not imply endorsement by the Foundation of the Linked Services or any association with the operators of the Linked Services. The Foundation does not investigate, verify or monitor the Linked Services. The Foundation provides links to Linked Services for your convenience only. You access Linked Services at your own risk.

General Terms

  • This Agreement (i) inures to the benefit of and will be binding upon the Foundation’s and you and your successors and assigns, respectively and (ii) may be assigned by the Foundation but you may not assign them without the prior express written consent of the Foundation.
  • If any provision of this Agreement is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been inserted herein.
  • If the Foundation fails or you fail to perform any term of this Agreement and you do not enforce the term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion.
  • Nothing contained in this Agreement will be deemed to constitute the Foundation or you as the agent or representative of the other or as joint venturers or partners.
  • If the Foundation is or you are prevented from performing or unable to perform any obligation under this Agreement due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence.
  • The headings and captions contained herein are for convenience only.
  • This Agreement and all related documentation will be drafted in English. While certain text in this Agreement may be made available in languages other than English (whether translated by a person or solely by computer software), the English language version controls.

Questions About the Websites

We understand that you may have questions or concerns about these Terms of Use. In such case, please contact us in one of the following ways:

Email: privacy@pittsburghpenguinsfoundation.org
Phone: (412) 255-1952
Mail: Pittsburgh Penguins Foundation, Attention: Legal Department, One Chatham Center, Suite 300, Pittsburgh, PA 15219