TERMS OF USE
The following are the terms of a legal agreement between you and PMVantage. By accessing, browsing and/or utilizing this Website ("Website"), you acknowledge that you have read, understood, and agree to be bound by these terms and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. The materials provided on this Website is protected by law, which includes, but is not limited to, the United States Copyright Law and all International Treaties. This Website is controlled and operated by PMVantage from its offices located within the United States. PMVantage makes no representation that materials in this Website are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited.
Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
PMVantage, Inc. ("PMVantage") provides its online Internet Services ("Services") to users who are charged a monthly, yearly and/or transactional service fee to subscribe to the Services ("Members") as well as to those users who may access portions of our Services but do not have accounts ("Visitors"). By establishing an account or utilizing these Services, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement. If you do not agree to the terms and conditions of this Agreement do not use this Website. Current Members who at anytime cease to abide by this Agreement must terminate all utilization of the Services expressed in this agreement effective immediately.
USAGE RIGHTS
The copyrights for all material provided on this Website is held by PMVantage. Except as stated herein, none of the material contained within this Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of PMVantage, the official copyright owner. Permission is granted to display, copy, distribute and download the materials on this Website for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials.
This permission terminates automatically if there is any breach of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without PMVantage's permission, "mirror" any material contained on this Website on any other server. Any unauthorized use of any material contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
U.S. GOVERNMENT RESTRICTED
The materials on this Website are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgement of PMVantage's proprietary rights in them.
MEMBERSHIP REQUIREMENTS
Members must be at least 18 years of age. Local access dial-up numbers may not be available in all areas. As a Member, you are solely responsible for determining if use of a particular dial-up number will cause you to incur long-distance, toll, or other charges. PMVantage is not responsible for any long-distance, local-toll or other telecommunications charges that you may incur. Toll-free (800 #), international, and simultaneous login access costs may incur additional cost. Current prices for PMVantage's Services are posted throughout our website at http://www.pmvantage.com. PMVantage reserves the right to change the rates for its services as well as institute applicable fees at any time upon 30 days prior notice.
REGISTRATION REQUIREMENTS
Members must (i) provide PMVantage with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information and (ii) report to PMVantage all changes to this information within thirty (30) days of any change. Members are responsible for any and all charges to their account.
Members having questions regarding charges to an account should contact PMVantage's Customer Service Department at service@pmvantage.com. All charges are considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for charges that are more than 30 days old.
Charges are billed to Members' credit cards or debit cards, as applicable, each month for the basic service and any additional usage or services.
PMVantage is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges that are billed by PMVantage. If you pay for Services through a prepayment plan, the automatic billing described above shall only apply to the charges not paid for through the prepayment plan. If you purchase Services through a reseller who in turns pays PMVantage, the reseller must pay all amounts owing for your account. If the reseller fails to pay PMVantage any amounts due-whether or not you have paid the reseller-your account will be subject to suspension or cancellation until either you or the reseller has paid all amounts due.
Delinquent accounts may be suspended or canceled at PMVantage's sole discretion; however, charges will continue to accrue until the account is canceled. PMVantage may bill an additional charge to reinstate a suspended account.PMVantage bills for simultaneous logins on an account. This means that multiple users dialing into the same account, at the same time will incur additional charges. All usage plans are billed at our regular fee (as described in this Terms of Use Agreement). The simultaneous usage charges are in addition to any other charges in effect for your account. Please note that you are responsible for recognizing when more than one person is logged in at the same time.
SECURITY REQUIREMENTS
Upon registration, Members receive one username and password. As a member, you are considered to be the only authorized user of your PMVantage account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Services through your account. You must notify PMVantage immediately upon the discovery any unauthorized use of your account.
Using any or portions of PMVantage's services for commercial use (e.g., revenue generation, advertising, etc.) is prohibited. E-Share accounts will be closely moderated and monitored. On topic issues only (e-trading and e-technology) will be strictly enforced.
Members agree not to use any automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless actively using it. Members agree not to provide any public information services over a dial-up connection.
PMVantage may change its POP numbers at any time. PMVantage reserves the right to direct Members to use certain numbers to access the Service or to restrict use of specific access numbers. Usernames, passwords and E-Share addresses are PMVantage's property and PMVantage may alter or replace them at any time.
SERVICE REQUIREMENTS
PMVantage will actively monitor and moderate its Services to insure proper use and integrity of its services, and may disclose information regarding use of the Services for any reason if PMVantage, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its Members. PMVantage may immediately terminate any Membership or E-Share information from PMVantage's servers, in whole or in part, which PMVantage, in its sole and absolute discretion, determines to infringe upon another's property rights or to violate this Terms of Use Agreement.
LIMITATIONS OF LIABILITY
EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY PMVantage FOR PMVantage MEMBERS, PMVantage DOES NOT CONTROL ANY MATERIALS, MEDIA, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH MAY BE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. PMVantage HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. MEMBERS ARE TO ASSUME FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THESE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ANY AND ALL MERCHANDISE PROVIDED THROUGH THIS SERVICE OR THE INTERNET.
THESE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PMVantage DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PMVantage MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH PMVantage OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY PMVantage OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTIES. PMVantage AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THESE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, PMVantage'S CUMULATIVE LIABILITY TO ANY MEMBER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THESE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD.
LICENSE REQUIREMENTS
PMVantage grants to each Member a limited, nonexclusive, nontransferable and non-assignable license to utilize PMVantage access software (including some software from third-party vendors that PMVantage distributes; in object code format), its associated documentation, and any updates thereto ("Licensed Programs") in order to access and utilize the Services. Each Member agrees to use the Licensed Programs solely in conjunction with the Services and for no other purpose. PMVantage may modify the Licensed Programs at any time, for any reason, and without providing notice of such modification to Members.
The Licensed Programs constitute confidential and proprietary information of PMVantage and PMVantage's licensors and embody trade secrets and intellectual property protected under United States copyright laws, other laws, and international treaty provisions. All right, title, and interest in and to the Licensed Program, including associated intellectual property rights, are and shall remain with PMVantage and PMVantage's licensors. Member shall not translate, decompile, reverse engineer, distribute, remarket, or otherwise dispose of the Licensed Programs or any part thereof.
No user of this Website may download, use, or otherwise export or re-export the Licensed Programs or any underlying information or technology except in full compliance with all United States and any other applicable laws and regulations. By installing or downloading any Software from this Website, you represent and warrant that you are not located in, under the control of or a national or resident of any country on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
UTILIZATION REQUIREMENTS
Some portions of this Website are made available for the free exchange of ideas by participants and are not regularly monitored nor moderated by PMVantage. PMVantage assumes no responsibility and makes no warranty that it will undertake to screen or remove such material. You agree to hold PMVantage harmless from all claims based upon the materials posted by others. Also, in exchange for availing yourself of the opportunity to upload or provide information to this site and any associated chat rooms or discussion areas, you will indemnify PMVantage from any claims made by third parties regarding the material that you provide. Personal information posted by you to the Website is posted at your own risk.
PMVantage will have no liability arising from use of that information. You shall not use the Website to distribute or publish any advertising of goods or services, solicitations for funds, or other commercial messages. You agree that you will not post, upload or otherwise introduce a virus or other harmful code onto the Website.
Your posting of material on the Website or providing material to PMVantage to use on the Website will be deemed to be a grant by you to PMVantage of a license to the material to include the material on the Website and to reproduce, publish, distribute, perform, display, and transmit the material and to prepare derivative works as may be reasonably necessary to do so, and you waive all rights of attribution and integrity with respect to the material.
TERMS OF AGREEMENT
Usage of the Services provided by PMVantage and this Website constitutes acceptance of this Agreement and any future modifications. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and, if you are a Member, to terminate your account.
TERMS OF TERMINATION
You may terminate your account at any time and for any reason by providing notice of intent to terminate to PMVantage by e-mailing our cancellation department at cancel@PMVantage.com. Charges to your account will stop accruing the day PMVantage provides you with a cancellation confirmation number. Based on your billing cycle, charges accrued prior to your termination may apply after you receive a cancellation confirmation.
Without prior notice, PMVantage may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if PMVantage, in its sole discretion, believes you have violated this Agreement, or any of the applicable user policies, or if you fail to pay any charges when due.
PMVantage may provide termination notice to you by the email addressed to your email account or by US Mail or courier service to the address you provided for the Services. All notices to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fifteenth (15th) calendar day following the date of first-class mailing or deposit with a commercial courier service. Sections 3, 4, 6, and 11 of this Agreement shall survive any termination of this Agreement.
ENTIRE AGREEMENT
PMVantage may revise, amend, or modify this Agreement, and any other user policies and agreements, at any time and in any manner. Notice of any revisions, amendments, or modifications will be immediately posted online at PMVantage's Website (www.pmvantage.com) and/or on Member's start pages and/or by email and/or in our various publications and mailings to Members.
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.