DISCLAIMER
1.1 The materials on this Website ("Website") are provided "as is" and are without warranties of any kind, either expressed or implied. PMVantage does not warrant or make any representations regarding the use or the results of the use of the content or other materials on this Website in terms of their correctness, accuracy, reliability, effectiveness or otherwise.
1.2 To the fullest extent of the law, PMVantage hereby disclaims all warranties, expressed or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the content or other materials on this Website. PMVantage does not warrant the accuracy, completeness or usefulness of any information contained on this Website or that the functions contained in the content will be uninterrupted or error-free, that defects will be corrected, or that the materials, this Website or the server that makes them available are free of viruses or other harmful components. You (and not PMVantage) assume the entire cost of all necessary servicing, repair, correction or liability.
1.3 Under no circumstances, including but not limited to negligence, shall PMVantage be liable for any special or consequential damages that result from the use of, or the inability to use, any content, even if PMVantage or its representatives have been advised of the possibility of such damages. In no event shall PMVantage's total liability to you from any and all damages, losses, and causes of action (whether in contract, or otherwise) exceed the amount paid to PMVantage, if any, for products purchased on this Website.
1.4 You agree to indemnify, defend and hold PMVantage and its officers, directors, owner, agents, information providers and licensors (collectively, "PMVantage") harmless from any and against all claims, liability, losses, costs and expenses (including attorney's fees) incurred by any PMVantage party in connection with any use or alleged use of PMVantage's Website with or without your password by any person, whether or not authorized by you. PMVantage reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case you agree to cooperate with PMVantage's defense of such claim.
1.5 Applicable laws may not allow the exclusion of implied warranties, or the above limitations of liability, so the above exclusions may not apply to you.
LINKS TO OTHER WEBSITES
2.1 PMVantage makes no representation whatsoever regarding the content of any other websites, which you may access from PMVantage's Website. When you access a non-PMVantage Website, please understand that it is independent of PMVantage and that PMVantage has no control over the content of that particular website. A link to a non-PMVantage Website does not mean that PMVantage endorses or accepts any responsibility for the content or use of such website. You should contact the site administrator or Webmaster for those external sites if you have any concerns regarding such links or the content thereon.
SUBMISSIONS
3.1 PMVantage does not and cannot review the content posted by users on PMVantage's Website and is not responsible for such content. PMVantage reserves the right to delete, move or edit any content (including content posted in any interactive area) that it may determine, in its sole discretion, violates this Agreement or is otherwise unacceptable. PMVantage shall have the right, but is under no obligation, to correct any errors or omissions in any content, as it may determine at its sole discretion.
3.2 Should any viewer of any documents on this Website respond to PMVantage with information including feedback data, such as questions, comments, suggestions or the like regarding the Website, or the content of any item, such information shall be deemed to be non-confidential and PMVantage shall have no obligation of any kind with respect to such information. In addition, PMVantage shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works and distribute this information to others without limitation and to authorize others to do the same. Further, PMVantage shall be free to use any ideas, concepts, know-how techniques contained in such information for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and other items incorporating such information. This paragraph is not intended to apply to any personal information about you (same as name, mailing address and e-mail address), the use of which will be governed by PMVantage's Privacy Policy.
3.3 You may not post on PMVantage's Website any links to any external Internet sites that are libelous, defamatory, obscene, pornographic, abusive, harassing or threatening. You shall not use the PMVantage Website for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services or to solicit users to join competitive online services.
3.4 In consideration of PMVantage's continuing efforts to enhance and improve its products and to respond to feedback from users, you agree to transfer such ideas, concepts, know-how and techniques to PMVantage without any compensation. You agree to execute any and all documents that PMVantage may reasonably request in connection with confirming PMVantage's ownership of and unlimited right to use such ideas, concepts, know-how and techniques.
3.5 You are solely responsible for the content of any comments you make. You agree that no comments submitted by you to PMVantage or this Website will (i) violate any right to any third party, including copyright, trademark, privacy or other personal or proprietary rights, (ii) be or contain libelous or otherwise defamatory, obscene, pornographic, abusive, harassing or threatening material or constitute the misappropriation of the trade secrets of any third party or (iii) disparage the products or services of any third party. You agree not to submit any personal information (other than your e-mail address or user name) through e-mail sent to other users or messages posted on this site by you.
TERMINATION
4.1 This Agreement is effective unless and until terminated by either you or PMVantage. You may terminate this Agreement at any time. PMVantage may terminate this Agreement at any time and without notice and accordingly deny you access to this Website, in its sole discretion for any reason, including your failure to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or PMVantage, you must promptly destroy all materials downloaded or otherwise obtained from PMVantage as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
4.2 This Agreement shall be construed in accordance with the laws of the United States of America and you are deemed to have irrevocably consented to the jurisdiction of the courts thereof. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supercedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on PMVantage's Website, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise the terms and conditions herein shall control.
