Terms of Use

Acceptance of Terms

These Terms of Use apply to the PMEase web site located at www.pmease.com, and all associated sites linked to www.pmease.com, its subsidiaries and affiliates, including PMEase sites around the world (collectively, the "Site"). The Site is the property of PMEase Inc. ("PMEase" or "we") and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

You may not use the Services, or accept the General Terms, if (i) you are not of legal age to form a binding contract with PMEase, or (ii) you are prohibited by law from receiving or using the Services.

PMEase makes certain Services and Materials available only if you have paid a fee or have provided PMEase certain Registration Information (as such term is defined in the PMEase Online Privacy Policy) and/or created an PMEase log-in ID and password (collectively, "Account Information"). Some Services may also be subject to a subscription or other agreement, posted guidelines, rules, or terms of service ("Additional Terms"). If there is any conflict between the General Terms and the Additional Terms, the Additional Terms take precedence in relation to that Service. The General Terms and any applicable Additional Terms are referred to herein as the "Terms".

PMEase reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, PMEase grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Services and Materials provided by third parties are governed by separate agreements accompanying such Services and Materials.

Use of Site, Services and Materials

You agree to adhere to all limitations on dissemination, use and reproduction of any Materials that you download or access from the Site.

Unless expressly agreed to by PMEase in writing elsewhere, PMEase has no obligation to store any Materials that you upload, post, email, transmit or otherwise make available through your use of the Site or via the Services ("Your Content"). PMEase has no responsibility or liability for the deletion or accuracy of any Materials, including Your Content, the failure to store, transmit or receive transmission of Materials, or the security, privacy, storage or transmission of other communications originating with or involving use of the Services. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that PMEase retains the right to create reasonable limits on PMEase's use of the Materials, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by PMEase in its sole discretion.

You agree that your Account Information will always be complete, accurate and up-to-date. It is your responsibility to keep your Account Information confidential at all times and you are solely responsible for all activity that occurs to your Account Information when you are logged in to your account. If you become aware of any unauthorized use of your account or Account Information, or any other breach of security, you agree to notify PMEase immediately. You may not use another person's Account Information. PMEase may require that you change your Account Information or certain parts of your Account Information at any time for any reason.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or networks, or any systems or networks connected to the Site.

You agree not to access or attempt to access the Services by any means other than the interface provided by PMEase.

Purchases

PMEase may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and PMEase makes no commitment to update the materials on the Site with respect to such products and services.

Privacy

PMEase's Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view PMEase's Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Feedback

By submitting ideas, defects, suggestions, documents and/or proposals (Feedback) to PMEase through its feedback, wiki, forum or similar web pages, you acknowledge and agree that (i) your Feedback does not contain the confidential or proprietary information of your or of third parties; (ii) PMEase is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (iii) PMEase, in its discretion, shall be entitled to use and disclose such Feedback for any purpose, in any way, in any media worldwide; (iv) PMEase may have something similar to the Feedback already under consideration or in development; (v) the Feedback automatically becomes PMEase's property without any obligation to you; and (vi) you are not entitled to any compensation or reimbursement of any kind from PMEase for the Feedback under any circumstances.

Links to Other Sites

This Site may contain links to other independent third-party Web sites (Linked Sites). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under PMEase's control, and PMEase is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Modifications to Site, Services and Materials

PMEase may at any time and from time to time modify or discontinue, temporarily or permanently, the Site, Services, or Materials, or any portion thereof, with or without notice. You agree that PMEase shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site, Services, or Materials.

Disclaimers

PMEASE DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN AS-IS AND AS-AVAILABLE BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. PMEASE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. PMEASE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PMEASE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY PMEASE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST PMEASE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Violation of These Terms of Use

PMEase may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) PMEase's rights or property, or the rights or property of visitors to or users of the Site, including PMEase's customers. PMEase reserves the right at all times to disclose any information that PMEase deems necessary to comply with any applicable law, regulation, legal process or governmental request. PMEase also may disclose your information when PMEase determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that PMEase may preserve any transmittal or communication by you with PMEase through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or PMEase determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of PMEase, its employees, users of or visitors to the Site, and the public.

You agree that PMEase may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irrepearable harm to PMEase, for which monetary damages would be inadequate, and you consent to PMEase obtaining any injunctive or equitable relief that PMEase deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies PMEase may have at law or in equity.

You agree that PMEase may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

Last updated January 18, 2009
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