WEBSITE TERMS OF SERVICE
1. DESCRIPTION OF OUR SERVICES; AGREEMENT TO TERMS OF USE
Welcome to PM Design, Inc. (referred to as “PM Design”, “Company”, “we”, “our” or “us”). These website terms of use (“Terms”) applies to pmdesign.com (“Site”) and your use of the Site (collectively with the Site, the “Services”). Please read these Terms carefully. Your use of our Services constitutes your acceptance of these Terms except in cases where express consent is required. PM Design may modify these Terms from time to time in its sole discretion.
2. INTELLECTUAL PROPERTY
The Services contains material, including, but not limited to software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of PM Design or various third parties (collectively referred to as the “Content”). The Content is protected under any and all applicable laws, including without limitation under trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content. You may not use the Content except with PM Design’s express written consent. For example, and without limitation, you may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other Services or in a networked computer environment for any purpose is expressly prohibited. If allowed with PM Design’s express written consent to use any Content, you must, at a minimum and without limitation as to other requirements, retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. If you violate any part of the Terms, your permission to access and/or use the Content and the Services automatically terminates and you must immediately destroy any copies that you have made of the Content.
The trademarks, service marks, and logos of PM Design (the “PM Design Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of PM Design. Other company, product, and service names located on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with PM Design Trademarks, the “Trademarks”). Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by PM Design in writing. All goodwill generated from the use of the PM Design Trademarks inures to our benefit.
3. YOUR USE OF THE SERVICES
You may not use the Services (i) for any purpose that violates applicable federal, state or local laws, regulations or rules (collectively, “Applicable Law”) (ii) for any purpose that is prohibited by these Terms, (iii) in any manner that could damage, disable, overburden or impair the Services, (iv) in any manner that may interfere with any other party’s use and enjoyment of this Services or (v) if you are under 13 years of age. You may not attempt to gain unauthorized access to the Services through hacking, password mining or any other means. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Services or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services. PM Design reserves the right, in its sole and absolute discretion, to terminate your access to this Services, or any portion thereof, at any time, for any reason or for no reason at all, without any notice, prior or otherwise.
4. PURCHASES AND OTHER FEATURES
Our obligations, if any, with regard to goods and services we offer are governed solely by the agreements pursuant to which they are provided, and nothing on this Site or in these Terms should be construed to alter such agreements. PM Design may make changes to any goods or services offered via the Site or otherwise, at any time, without notice. The materials on the Site with respect to goods and services may be out of date, and PM Design makes no commitment to update the materials on the Services with respect to such goods and services.
5. COMMUNICATIONS WITH US
Although we encourage you to contact us, we do not want you to, and you should not, e-mail us any content that contains confidential information, trade secrets, or other intellectual property of yourself, your company, or any third-party. With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you. Additionally, you acknowledge and agree that email transmissions are never completely private or secure. You understand that any message or information you send us may be read or intercepted by others.
6. NO WARRANTIES; LIMITATION OF LIABILITY
THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE SERVICES WILL OPERATE ERROR-FREE, THAT THE SERVICES, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES, OR THAT THE PRODUCTS ARE FREE OF DEFECTS OR MALFUNCTIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS: (I) WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SERVICES FROM WHATEVER CAUSE OR FOR ANY DEFECTS, MALFUNCTIONS, OR FAILURE OF THE PRODUCTS, AND YOU AGREE THAT YOU USE THE CONTENT AND THE SERVICES AT YOUR OWN RISK; (II) WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; (III) WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OR INABILITY TO ACCESS OR USE THE SERVICES, THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE SERVICES. THE SERVICES MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SERVICESS DOES NOT IMPLY THAT SUCH PRODUCT IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SERVICES AT ANY TIME WITHOUT NOTICE.
7. INDEMNIFICATION
TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS US FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, THREATS, SUITS OR PROCEEDINGS AND PAY ALL RESULTING LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF, RESULTING FROM, OR RELATED TO YOUR BREACH OF THESE TERMS OF USE AND/OR YOUR MISUSE OF THE SERVICES.
8. EXTERNAL SERVICESS
The site may contain links to third-party services (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all website to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
9. COMPLIANCE WITH APPLICABLE LAWS
The Services is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access or use the Services or its Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
10. SECURITY
PM Design reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing PM Design to disclose the identity of anyone posting any e-mail or other messages, or publishing or otherwise making available any other user-generated content that is believed or alleged (reasonably or not) to violate these Terms or any Applicable Law.
11. TERMINATION
We reserve the right, in our sole discretion, to restrict, suspend, or terminate the Terms and your access to all or any part of the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.
12. DIGITAL MILLENNIUM COPYRIGHT ACT
PM Design respects the intellectual property rights of others and complies with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
PM Design, Inc.
6930 Destiny Drive, Suite 100
Rocklin, CA 95677
If you believe that your work has been copied on the Services in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act. To file a notification with us, you will need to send a written communication that includes at least the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
- 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 the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit the service provider 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.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 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.
13. WEBSITE ACCESSIBILITY
Our commitment to accessibility for all begins with this Site and our efforts to ensure all functionality and all content is accessible to a wide range of individuals.
Our ongoing accessibility effort works towards conforming to the Web Content Accessibility Guidelines (WCAG) version 2.1, level AA criteria. These guidelines not only help make web content accessible to users with sensory, cognitive and mobility disabilities, but ultimately to all users, regardless of ability.
Please note that our Site may interface with third party services that we do not control. If you do encounter an accessibility issue, please contact us and we will make efforts to improve our Site and/or provide you with an alternative accommodation. We always welcome comments on how we can continue to improve the site’s accessibility for users.
14. MISCELLANEOUS
YOU AGREE THAT, UNLESS CONTRARY TO ANY APPLICABLE LAW, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES, THE CONTENT, OR THE TERMS OF USE MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. You also agree to the personal jurisdiction by and venue in the state and federal courts in California, and waive any objection to such jurisdiction or venue. If any provision of the Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision will be deemed restated, in accordance with Applicable Law, to reflect as nearly as possible the original intentions of the parties, and the remainder of the Terms will remain in full force and effect.
Our failure to act on or enforce any provision of the Terms shall not be construed as a waiver of that provision or any other provision in the Terms. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, the Terms constitutes the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. The Terms will inure to the benefit of each party’s successors, assigns, licensees, and sublicensees.
15. CONTACT INFORMATION
Please contact us via the contact page on our Site or via mail or phone at:
PM Design, Inc.
6930 Destiny Drive, Suite 100
Rocklin, CA 95677