1.ACCEPTANCE AND TERMS OF SERVICE
Updates to Terms.PMG360 reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these terms and conditions periodically for changes. Your continued use of the PMG360 Application following the posting of changes to these Terms will mean you accept those changes.
Electronic Form/Communications. By accessing the PMG360 Applications, you consent to having this Agreement provided to you in electronic form and receiving communications from us electronically. We may communicate with you by postal mail, e-mail or by posting notices on the PMG360 Applications. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing.
2.USE OF THE PMG360 APPLICATIONS AND CONTENT
License. Subject to these Terms and any fees as applicable, PMG360 grants you a limited, non-exclusive, non-transferable, revocable right to use the PMG360 Applications and the Content solely for your personal, noncommercial use (e.g., viewing the Content on screen; printing paper copies for personal use or electronically saving limited portions of Content). All other rights are expressly reserved by PMG360. You agree that you will not, unless specifically permitted by us (i) copy, display or distribute any part of the Content or PMG360 Applications, in any medium, without PMG360’s prior written consent, (ii) alter or modify any part of the PMG360 Applications other than as may be reasonably necessary to use the PMG360 Applications for their intended purpose, (iii) alter any Content or change or remove any copyright or other proprietary notices; or (iv) install, post or distribute any part of the Content on any electronic network, including without limitation the Internet and the World Wide Web, or create a database (electronic or otherwise) using any portion of the PMG360 Applications or Content. Use of the PMG360 Applications or Content via mechanical, programmatic, robotic, scripted, spider, manual or any other automated means is strictly prohibited. Unless otherwise agreed to by PMG360 in writing, use of the PMG360 Applications or Content is permitted only via manually conducted, discrete, individual search and retrieval activities. You may not conduct any kind of systemic retrieval of data or Content from any PMG360 Application.
Withdrawal. PMG360 reserves the right at any time to withdraw from the Content any item or part of an item for which it no longer retains the right to publish, chooses to no longer offer for any reason, or which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable.
Registration and Profile Creation. In order to access certain features of the PMG360 Applications, you may be required to register and/or create a user profile (an “Account”) by creating a username and password and providing certain profile and contact information. We may require or permit you to use your credentials for a third-party platform (such as LinkedIn) to so register (a “Social Sign-On”). Your Account shall only be used by you and only in connection with the applicable PMG360 Application and may not be used in connection with other PMG360 products. You are responsible for maintaining the confidentiality of your Account and password and are responsible for all activities that occur under your Account and password. Sharing, selling, or transferring your Account or password with or to any other person or making it available to multiple users on a network is strictly prohibited. You hereby agree to (i) provide information about yourself as prompted by the registration form that is true, accurate, current and complete; (ii) maintain and promptly update your personal information (by sending an appropriately worded e-mail to privacy@PMG360.com to keep it fully up to date); (iii) ensure that you exit from your member account at the end of each session; and (iv) notify PMG360 in writing of any unauthorized use of your Account or password or any other breach of security at privacy@PMG360.com.You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information or another person’s name, likeness, voice, image or photograph. If you provide (or we have reason to suspect that you have provided) any information that is untrue, inaccurate, not current, or incomplete, or there is unauthorized use of your Account or we suspect fraudulent or abusive activity, we have the right, among other remedial options, to require you to use and pay for an additional account for the relevant product and/or interrupt, restrict, suspend or terminate your current or future use of or access to the PMG360 Applications (or any portion thereof), without notice to you. You shall cooperate with us in any fraud investigation and use any reasonable fraud prevention measures we prescribe. Failure to cooperate will result in your liability for all fraudulent usage.
No Interference. You will take no action to interfere with, interrupt, destroy or limit the functionality of the PMG360 Applications or any computer software or hardware or telecommunications equipment. You may not use the PMG360 Applications in any manner that could damage, disable, overburden, or impair any PMG360 server, or the network(s) connected to any PMG360 server, or interfere with any other party’s use and enjoyment of any PMG360 Applications. You may not attempt to gain unauthorized access to any PMG360 Applications, other accounts, computer systems or networks connected to any PMG360 server or to any of the PMG360 Applications, through hacking, cracking, distribution of counterfeit software, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the PMG360 Applications. You may not reverse engineer, decompile or disassemble any software accessed through PMG360 Applications, including any proprietary communications protocol used by PMG360.
Security. PMG360 has implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Modification to Services. PMG360 has the right to modify the PMG360 Applications and Content at any time in its sole discretion. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of PMG360in providing its products, services, Content or any PMG360 Applications is to stop using the PMG360 Applications as set forth herein.
If you purchase a subscription to access the PMG360 Applications and/or Content (“Subscription”), the Subscription shall be subject to these Terms, as well as any terms and conditions to which you agree at the time of purchase, including applicable subscription fee (“Fee”), payment terms and length of Subscription (“Subscription Period”). If you purchase a subscription pursuant to an applicable product agreement (“Product Agreement”), the Product Agreement may specify the number of user accounts authorized to access the PMG360 Applications and/or Content pursuant to that subscription (“Authorized Users”).For the avoidance of doubt, and notwithstanding the foregoing, Authorized Users will be limited pursuant to and as stated in the Product Agreement, including limitations by number of users or a user’s office location. In such cases, access to and use of the PMG360 Applications and/or Content by any other third party is not permitted. Any increase to the number of Authorized Users must be approved by PMG360 in writing and may be subject to additional fees.
With respect to all Subscriptions, you shall:
- ensure that all Authorized Users accessing the Content are appropriately notified of the importance of respecting the intellectual property rights in the Content and of the sanctions which PMG360 imposes for failing to do so;
- use best efforts to protect the Content from unauthorized use or other breach of these Terms;
- monitor compliance and immediately upon becoming aware of any unauthorized use or other breach, inform PMG360 and take all appropriate steps to ensure that such activity ceases and to prevent any recurrence;
- provide PMG360 with information sufficient to enable PMG360 to provide access to the Content. Should you make any significant change to such information, you will notify PMG360 not less than ten (10) days before the change takes effect; and
- ensure that only Authorized Users are permitted access to the Content. Your right to use the Content is not transferrable. Any password or right given to you to obtain information is not transferable.
Refunds, Late Payments and Taxes.
- All fees paid and charges made prior to the expiration or termination of your Subscription, as provided herein, including any advance charge or payment for the Subscription Period during which you terminate your Subscription, are nonrefundable. Termination of your Subscription shall not relieve you of any obligations to pay accrued charges.
- Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your Subscription to the applicable Content.
- Prices exclude all shipping, handling and taxes unless stated otherwise. PMG360 collects taxes at the rate in effect at the time your transaction is completed. If the tax rate changes before the transaction is completed, the new tax rate in effect will apply. PMG360 cannot accept exemption certificates for purchases made online. Contact customer service at privacy@PMG360.com if you believe a transaction may be exempt from tax.
- Modifications to Fees or Billing Terms: PMG360 RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS SUBSCRIPTION FEES AND BILLING METHODS, UPON EFFECTIVE NOTICE TO YOU, WHICH SHALL INCLUDE NOTICE SENT TO YOUR DESIGNATED EMAIL ADDRESS. If any such change is unacceptable to you, you may terminate your Subscription by contacting customer service at privacy@PMG360.com. Your continued use of the Content following the effective date of a change to fees or billing methods shall constitute your acceptance of such change.
Delivery and cancellations. Where your Subscription or product order involves the delivery of a physical item or items, they will be delivered to the address that you indicate when you place your order through any PMG360 Application and the risk of damage to or loss of such items shall pass to you at the time of delivery even if they have not been received by you in person. Any times quoted for delivery are approximate only and PMG360 shall not be liable for any delay in delivery howsoever caused. If you experience any delivery issues, please contact customer service at privacy@PMG360.com.
Archived Content. Certain Content on the PMG360 Applications may be archived and become unavailable with your Subscription after six months of initial publication (“Archived Content”).In order to access full text or display of Archived Content, rather than only a citation, abstract or other limited reference, you will need to obtain a separate LexisNexis subscription from LexisNexis.
4.INTELLECTUAL PROPERTY OWNERSHIP
PMG360 or its licensors, suppliers or other designees owns all right, title and interest in and to the Content and the PMG360 Applications (including all materials, including but not limited to all text, logos, photographs, graphics, images, illustrations, designs, icons, photographs, databases, video, audio, software, html, source and object code, algorithms, business logic, modules, programs, links and other materials). You shall not, and shall not permit anyone else to, reproduce, copy, distribute, publish, transmit, broadcast, sell, license or otherwise access or use all or any part of the Content or any information contained therein without the prior written consent of PMG360. All PMG360 brands and trademarks (whether registered or unregistered) and graphics, logos, designs, page headers and button icons are subject to the intellectual property rights of PMG360 and neither they nor any confusingly similar versions may be used by you including, but not limited to as part of any trademarks and/or domain names without PMG360’s prior written consent.
Use of AP Material. The following provision applies to all visitors (which shall include persons and representatives of legal entities, whether such representatives are persons or digital engines of a kind that crawls, indexes, scrapes, copies, stores or transmits digital content). By accessing this website or digital service, you specifically acknowledge and agree that (i) Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium; (ii) no Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use; (iii) the Associated Press will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing; (iv) the Associated Press is an intended third party beneficiary of these terms and conditions and it may exercise all rights and remedies available to it; and (v) the Associated Press reserves the right to audit possible unauthorized commercial use of AP materials or any portion thereof at any time.
Downloadable mobile products. Copyright in any software that is made available for download from any PMG360 Application shall belong to PMG360 and/or our software suppliers. Your use of the software is governed by the terms of any license agreement that may accompany or be included with it. Do not install, download, or use any software unless you agree to such license agreement.
5.USER SUBMISSIONS AND CONDUCT
Forums. For the purposes of this Agreement, “Forum” means letters, comments, emails or other types of communications submitted by you or other third parties to us, our editors, Webmaster(s) or employees of PMG360, and messages posted to them or to other users in connection with online seminar discussions, forums, blogs or chat-pages on any PMG360 Application. Forums are provided for your exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of the Forums that is inconsistent with those stated purposes or which is prohibited under these Terms is prohibited.
Removal.PMG360 has the right, but not the obligation to monitor, edit or remove Forum content or Forum materials, and may do so at any time and for any reason in its sole discretion, including but not limited to the course of normal maintenance of the PMG360 Application and its systems or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on PMG360; (2) protect and defend the legitimate business interests, rights or property of PMG360, PMG360 users, advertisers, customers, sponsors, advertisers or affiliates; or (3) act in an emergency to protect the personal safety of PMG360 guests or the public. You shall remain solely responsible for the content of your communications. If you object to the publication of any material placed on any PMG360 Application please contact PMG360 by sending an email to customer service at privacy@PMG360.com and PMG360 will take whatever action it deems appropriate. PMG360 specifically disclaims any liability with regard to Forum content and any actions resulting from your participation in any Forum.PMG360 cannot guarantee that individuals submitting Forum content or otherwise participating are who they represent themselves to be, nor does PMG360 endorse, represent or validate, the content, accuracy or reliability of, or the statements, assertions, views or opinions expressed in, Forums, and you acknowledge that any reliance upon the same shall be at your sole risk.
Prohibited Uses of any PMG360 Application. You hereby agree that you will not use any PMG360 Application or Forum to:
- promote or encourage the sale of your goods/services or those of any third party;
- solicit other guests or users of the PMG360 Application to join or become members of any commercial online or offline service or other organization;
- disseminate any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- disseminate any material which is or may infringe the rights (including, but not limited to, intellectual property rights) of any third party or which is unlawful, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, in breach of confidence, in breach of privacy, or which may restrict or inhibit the use of the PMG360 Application and/or any of the Content by any person or which constitutes or encourages conduct that may be considered a criminal offence or give rise to civil liability;
- disseminate any material which does or may bring PMG360 or any of its brands into disrepute or in any way damage their reputation;
- disseminate any material that may interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data;
- post link(s) that take users to material that contravenes any of the above restrictions;
- falsify, delete, or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- collect in any way personal information about others, including e-mail addresses, password or other account information or use such information to send unsolicited emails, or use, download or otherwise copy or provide (whether or not for a fee) to a person or entity any directory of users of the PMG360 Applications or other user or usage information;
- impersonate or create a false identity for the purpose of misleading others, improperly use support or complaint buttons or make false reports to PMG360 administrators, or engage in fraudulent transactions; or
- use, develop or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
If any PMG360 Application makes available the name, contact information, and/or any other information (“Participant Information”) concerning any sponsor, exhibitor, or attendee (each, a “Participant”) in or at any PMG360 trade show, conference, or other event (each, an “Event”), whether live or virtual, you may not use any of such Participant Information except for your own internal business purposes (and may not, for example, directly or indirectly resell or otherwise redistribute, or permit any third party to use, any of same), and, if you are not yourself an authorized Participant in such Event, you agree not to solicit or otherwise contact any Participant identified by such Participant Information.
License and Warranty. By uploading materials to any Forum or submitting any materials to PMG360 (“Posts”), you automatically grant (or warrant that the owner of such rights has expressly granted) PMG360 a perpetual, royalty-free, fully paid-up, irrevocable, non-exclusive, transferable, worldwide, sub-licensable right and license to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, create derivative works from, disclose, post, and/or remove such Posts or incorporate such Posts into any form, medium, or technology now known or later developed, in any manner, and (b) use your name, user/log-in name, likeness, biographic and other profile information about you in connection with any use of your Posts, in each case, in whole or in part, without payment or other additional consideration of any kind, or permission or notification to you or any third party and without crediting you. By registering via a Social Sign-On, you are granting your consent for us to display the name and photograph and other information associated with your applicable third-party platform profile in connection with the display of your Posts.
Without limiting the foregoing, you also hereby permit PMG360 and its designees to use portions of your Posts, to modify or rewrite any of your Posts, and/or to incorporate other materials, either created by PMG360 and/or its designees or licensed from third parties (any of the foregoing, “Edits”). All resulting Edits and/or derivative works (including, in each case, all intellectual property and proprietary rights therein) shall be owned by PMG360 and/or such designees and not subject to your approval or payment by PMG360 or any other party of any compensation to you.
You acknowledge and agree that you are receiving good and valuable consideration for the rights you are granting herein, such consideration is adequate, satisfactory, and complete, and includes your right to access and use the PMG360 Applications in accordance with the terms and conditions set forth herein. To the maximum extent permitted by law, you hereby waive all moral rights, rights of attribution, rights of privacy and rights of publicity in your Posts that may be available to you in any part of the world. You hereby confirm that no such rights have been or will be asserted.
You further acknowledge and agree that your Posts do not contain confidential or proprietary information, the relationship between you and PMG360 is not a confidential, fiduciary, or other special relationship, and PMG360 is not under any obligation of confidentiality, privacy, secrecy or use restriction of any kind, express or implied, with respect to your Posts, all of which may be used by PMG360 under the foregoing license or any applicable assignment made pursuant to an agreement between PMG360 and you or your employer, and without any further obligation to you.
PMG360 may be considering, contemplating or developing the same or a similar idea (and/or related products, services, concepts, systems or techniques) to one or more ideas (and/or products, services, concepts, systems and/or techniques) reflected in your Posts submitted on the PMG360 Applications, whether before, at the time of or following your submission. Without limiting the foregoing license in any respect, you hereby waive any and all claims you may have had, may have currently, and/or may have in the future, that any ideas or materials accepted, reviewed and/or used by PMG360 and its designees (and/or any related products, services, concepts, systems and/or techniques) in any way (i) may be similar to or unlawfully or otherwise improperly compete with your Posts or any of the Content thereof or (ii) violate any obligation of PMG360 to you or any other person or entity that in any way is alleged to arise from or relate to your Posts or any of the Content thereof.
You represent and warrant to us that you are authorized to grant all rights pursuant to the foregoing license and, further, your Posts: (i) are truthful and accurate, and contain solely original content owned by you, content for which you have received express permission from the owner and have provided proper attribution to same, or content in the public domain (and you assume all responsibility for making such determinations and acquiring all necessary authorizations and approvals related to your Posts); (ii) do not violate and will not violate the rights of any third party or any local, state, national or foreign law, including any right of publicity, right of privacy, confidentiality or any other contractual or proprietary right, including patent, trademark, copyright and trade secret rights; (iii) disclose all affiliations or relations necessary so that such Posts are not deceptive or misleading (for example, if you are commenting upon a company and work for that company, then this should be disclosed); and (iv) comply with all other provisions of this Agreement.
6.DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
Materials may be made available via the PMG360 Applications by third parties not within PMG360’s control. PMG360 is under no obligation to, and does not, scan content used in connection with the PMG360 Application for the inclusion of illegal or impermissible content. However, PMG360 respects the copyright interests of others. It is PMG360’s policy not to permit materials known by PMG360 to infringe another party’s copyright to remain on the PMG360 Applications. If you believe any materials on a PMG360 Application infringe a copyright, you should provide us with written notice that at a minimum contains:
- 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 PMG360 to locate the material;
- information reasonably sufficient to permit PMG360 to contact the complaining party, such as an address, telephone number, and, if available, an electronic 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; and
- 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.
All DMCA notices should be sent to PMG360’s designated agent as follows:
10 Tindall Road, Ste 6
Middletown, NJ 07748
It is PMG360’s policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
7.THIRD PARTY CONTENT; LINKING
Third-Party Opinions. The PMG360 Applications may contain views, opinions and statements of various third-party individuals and organizations. PMG360 neither endorses nor makes any representation or warranty whatsoever regarding the views, opinions or statements provided by any third party or any user of the PMG360 Applications. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information, opinion, or Content available through the PMG360 Applications and to seek appropriate advice of professionals, as appropriate.
Linking. To the extent that any PMG360 Application contains links to outside services and resources (“External Sites”), PMG360 does not control the availability and content of those outside services and resources. These links are provided solely for your convenience. If you use these links, you leave any PMG360 Application. PMG360 does not endorse or make any representations about these third-party sites, or any material found on them, or any results that may be obtained from using them. If you decide to access any of these third-party websites you do so entirely at your own risk and acknowledge that these third-party sites may contain rules and regulations, privacy provisions, confidentiality provisions, the transmission of personal data provisions, and other provisions (“External Site Terms”) that differ from the provisions which apply to the PMG360 Applications, and PMG360 is not responsible for, and expressly disclaims any and all liability for or related to, the availability of, or the content located on or through, any External Site, its External Site Terms, or any Losses (as defined in Section 9) that may arise or result from your navigation to or use of any External Sites. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource. You may link to any page of a PMG360 Application subject to the following conditions:
- you do not replicate the home page of the PMG360 Application;
- you do not create a frame or any other browser or border environment around the PMG360 Application;
- you only link to freely available content (and not link to any content that is considered Content that is only made to users with a username and password);
- you do not in any way imply any endorsement by PMG360 other than with its written consent or misrepresent your relationship with PMG360;
- you do not use any logos or trademarks displayed on the PMG360 Application without the express written permission of PMG360; and
- the linking website does not contain content that is distasteful, offensive or controversial, that infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
8.DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION
General Information. The Content has been prepared by PMG360 as a service to PMG360 readers and the Internet community. It is provided only for general information and in not intended to address your particular requirements or to constitute any form of advice or recommendation (including, but not limited to legal advice). PMG360 has used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in the Content and/or on or linked to any PMG360 Application. Users of information on any PMG360 Application or links do so at their own risk and acknowledge that this information should not be relied upon in making (or refraining from making) any specific investment or other business or personal decisions (professional advice should always be obtained prior to making any such decision).In no way shall PMG360 be liable to you for any claims relating in any way to your inability or failure to perform any kind of research or related work or to perform such research or related work properly or completely, even if assisted by PMG360, your use of the Content or your reliance on the information contained in the Content.
Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL PMG360 APPLICATIONS AND CONTENT ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS, PMG360, THE PMG360 PARTIES (AS DEFINED BELOW) AND ANY THIRD PARTY CONTENT PROVIDER (IF APPLICABLE) DISCLAIM AND MAKE NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED. PMG360 AND THE PMG360 PARTIES DO NOT WARRANT THE ACCURACY, COMPLETENESS, NON-INFRINGEMENT, TIMELINESS, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PMG360 APPLICATIONS, CONTENT OR THE INFORMATION THEY CONTAIN. PMG360, THE PMG360 PARTIES AND ANY THIRD PARTY CONTENT PROVIDER (IF APPLICABLE) DO NOT MAKE ANY WARRANTY THAT ACCESS TO ANY PMG360 APPLICATION OR CONTENT WILL BE UNINTERRUPTED, SECURE, COMPLETE OR ERROR FREE, OR FREE OF VIRUSES OR ANY HARMFUL FILES, AND PMG360 AND, PMG360 PARTIES AND ANY THIRD PARTY CONTENT PROVIDER (IF APPLICABLE) SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED BY SUCH DESTRUCTIVE FEATURES. PMG360 AND THE PMG360 PARTIES DO NOT MAKE ANY WARRANTY AS TO THE LIFE OF ANY SUBSCRIPTION OR AVAILABILITY OF ANY CONTENT.THE FOREGOING DISCLAIMER OF WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL PMG360 OR THE PMG360 PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON, INCLUDING BUT NOT LIMITED TO OTHER AUTHORIZED USERS, FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE ANY PMG360 APPLICATION OR ANY CONTENT AVAILABLE ON OR THROUGH ANY PMG360 APPLICATION. IN NO EVENT SHALL PMG360’S AGGREGATE LIABILITY FOR ANY LOSSES IN ANY WAY ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE ANY PMG360 APPLICATIONS OR CONTENT OR TO ANY USE OR EXPLOITATION OF YOUR POSTS OR RIGHTS THEREIN FOR ANY PURPOSE EXCEED US$1,000. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. REGARDLESS OF THE CAUSE OR FORM OF ACTION, YOU MAY BRING NO ACTION ARISING FROM THIS AGREEMENT MORE THAN TWELVE (12) MONTHS AFTER THE CAUSE OF ACTION ARISES. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW.
YOU AND PMG360 AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION OF EACH PARTY TO ENTER INTO THIS AGREEMENT.YOU AND PMG360 AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE FAIR AND REASONABLE.
Indemnification. You agree to defend, indemnify and hold PMG360 and its affiliates and their directors, managers, officers, employees, agents, subsidiaries, successors and assigns (collectively, the “PMG360 Parties”) harmless, from and against any claims, losses, damages, penalties, demands, actions, suits, judgments, settlements, costs, liabilities, obligations and expenses, including reasonable attorneys’ fees (“Losses”), resulting from your breach or alleged breach of these Terms, regardless of the form of action.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting customer service at privacy@PMG360.com.If, however, there is an issue that needs to be resolved, you agree that the following provisions will apply:
Jury Trial Waiver. YOU AND PMG360 EACH VOLUNTARILY WAIVE THE RIGHT TO TRIAL BY JURY IN RESOLVING ANY DISPUTE BETWEEN US ARISING OUT OF THESE TERMS OR THE SERVICES.
Class Action Waiver. YOU AND PMG360 EACH AGREE THAT CLAIMS AGAINST THE OTHER MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. All litigations under this Agreement must be conducted on an individual (and not a class-wide) basis. You acknowledge and agree that this Agreement specifically prohibits you from commencing any legal proceedings as a representative of others, participating in a class, representative, or collective action as a class representative, class member or an opt-in party, acting as a private attorney general, or joining or consolidating Claims with claims or proceedings brought by any other person.
Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the New Jersey, without application of conflict of laws rules. Exclusive jurisdiction and venue in connection with any dispute between you and PMG360 will rest, and you and PMG360 each agree to submit to the exclusive jurisdiction of, the courts of the State of New Jersey and the federal courts that govern New Jersey.
Additional Terms. Your use of the PMG360 Applications is subject to any and all additional terms, policies, rules or guidelines that we may post or link to on the PMG360 Applications (collectively, the “Additional Terms”), such as any other terms or rules applicable to particular features, promotions or content on the PMG360 Applications. All such Additional Terms are hereby incorporated into this Agreement by reference.
Age Requirements. You represent and warrant that you are at least 18years old and that you possess the legal right and ability to enter into this Agreement and to use the PMG360 Applications in accordance with these Terms. If we have any reason to believe you are not 18 or older, we may terminate your access to the PMG360 Applications and Content.
Availability and Use Outside the U.S. Unless otherwise specified, the Content on any PMG360 Application is presented solely for the purpose of promoting publications and other products available in the United States, its territories, possessions, and protectorates. PMG360 makes no representation that any Content on any PMG360 Application is appropriate or available for use in other locations. Those who choose to access any PMG360 Application from other locations do so on their own initiative and are responsible for establishing the usability or correctness of any information or Content under any or all jurisdictions and the compliance of that Content with local laws, if and to the extent local laws are applicable.
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Last Updated: August 27, 2018
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