pmcal.net

Terms of Service

Welcome to pmcal.net! Do read through the following Terms of Service (the "Terms") carefully before using the pmcal.net platform (the "Website") and any other services (collectively the "Services"). By using our Website, you are agreeing to our Terms. The Terms are here for you so that you are aware of your legal rights when using our Services.

Agreement Terms

The Terms will be treated as a legally binding agreement made between pmcal.net (referred to individually or collectively as "pmcal.net", "we", "us", or "our") and you, the Website visitor, and/or registered user ("you"). We reserve the right at any time to:

Any changes we make will be effective immediately upon notice, which we may provide by any means, including, without limitation, posting on the Website or via electronic mail. Your use of the Website after such notice will be deemed acceptance of such changes. Be sure to review these Terms periodically to ensure familiarity with the most current version. Upon our request, you agree to sign a non-electronic version of this agreement.

You must be at least 18 years of age to use the Website.

Ownership; Proprietary Notices

© 2022 – 2024 pmcal.net

The Website, including all pages within and all code related thereto, is the property of pmcal.net. No portion of the materials or code on these pages or anywhere on the Website may be reprinted or republished (other than as is necessary to view the page on your monitor) in any form without our express written permission.

All trademarks and/or service marks used in this Website are the trademarks and/or service marks of their respective owners.

The Website is owned and operated by us in conjunction with others pursuant to contractual arrangements. Unauthorized use of the materials on the Website may violate copyright, trademark, patent, and other laws and is prohibited. You acknowledge that you do not acquire any ownership rights by using the Website.

Warranty Information; Disclaimer

THIS WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY WEBSITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED, PURCHASED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PMCAL.NET AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, SPONSORS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT NEITHER PMCAL.NET, ITS SUBSIDIARIES, AFFILIATES, SPONSORS, SUPPLIERS NOR AGENTS MAKES ANY REPRESENTATION AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE WEBSITE OR THE WEBSITE-RELATED SERVICES.

PMCAL.NET AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE WEBSITE OR THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE, AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE WEBSITE AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT, WHETHER MADE ON THE WEBSITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE WEBSITE AND ANY MATERIALS PROVIDED THROUGH THE WEBSITE ARE ENTIRELY AT YOUR OWN RISK.

You acknowledge that the Website could include inaccuracies or errors or materials that violate these Terms. Additionally, you acknowledge that unauthorized additions, deletions, and alterations could be made by third parties to the Website. Although we attempt to ensure the integrity and the accuracy of the Website, we make no guarantees whatsoever as to the Website's completeness or correctness. In the event that such a situation arises, please contact us at support@pmcal.net with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Website, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on "Claims of Copyright Infringement".

Because user authentication on the Internet is difficult, the Company cannot and does not confirm that users are who they claim to be. Because we do not and cannot be involved in user-to-user transactions or control the behavior of the Website's users, in the event that you have a dispute with one or more Website users, you release pmcal.net (and its subsidiaries, affiliates, agents, and employees) from all claims, demands, and damages (actual and consequential, direct and indirect) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes. You acknowledge that there may be certain risks, including but not limited to the risk of physical harm and of dealing with strangers, underage persons, or people acting under false pretenses associated with pursuing relationships begun on the Internet. You assume all risks related to dealing with other users with whom you have had contact through the Website.

You acknowledge and agree that you are solely responsible for the form, content, and accuracy of any material you post to the Website. We neither warrant nor guarantee that any material on the site is accurate, nor do we necessarily check material that you supply for accuracy.

Limitation of Liability

NEITHER PMCAL.NET NOR ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, AGENTS, OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE AND/OR CONTENT CONTAINED ON THE WEBSITE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT CONTAINED WITHIN THE WEBSITE IS TO STOP USING THE WEBSITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO PMCAL.NET FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE WEBSITE.

Acknowledgement

This Website may contain links to other websites operated by third parties ("Linked Sites"). We neither control nor endorse such other websites nor have we reviewed or approved any content that appears on the Linked Sites. You acknowledge that when you click on a link to visit a Linked Site, a frame may appear that contains our logo, advertisements, and/or other content selected by us. You acknowledge that we neither endorse nor are affiliated with the Linked Sites and are not responsible for any content that appears on the Linked Sites. You also acknowledge that the owner of the Linked Site neither endorses nor is affiliated with pmcal.net.

Availability; Indemnification

pmcal.net reserves the right to limit the availability of the Website and/or the provision of any product or service described thereon to any person, geographic area, or jurisdiction it so desires at any time and in our sole discretion and to limit the quantities of any such product or service that we provide.

You agree to indemnify, defend and hold us, our affiliates, sponsors, officers, directors, employees, agents, and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, (b) your violation of the Code of Conduct, and/or (c) your activities in connection with the Webite or Website-related services.

In consideration of your use of the Services, you expressly agree to waive, release and hold pmcal.net, our employees, officers, and agents harmless from and against any and all claims or causes of action, and you hereby agree to voluntarily give up or waive any right that you may otherwise have to bring legal action against pmcal.net, our employees, officers, and agents for wrongful death, personal injury, property damage, reputational damage and other causes of action known or unknown. You agree to hold pmcal.net, our employees, officers, and agents harmless from and against any losses, liabilities, costs, damages, or expenses which result from your participation in the Services, regardless of whether or not caused in whole or part by the fault of any of pmcal.net, our employees, officers, and agents.

Code of Conduct

While using the Website or Website-related services, you agree not to do any of the following without our prior written authorization:

You agree to comply with all applicable laws, rules, and regulations in connection with your use of the Website and Services.

pmcal.net has no obligation to monitor the Website. However, you acknowledge and agree that pmcal.net has the right (but not the obligation) to monitor the Website and the materials you transmit or post, to alter or remove any such materials (including, without limitation, any posting to the Website), and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Website properly, to protect itself, its sponsors, its registered users, and visitors, and to comply with legal obligations or governmental requests. pmcal.net reserves the right to refuse to post or to remove any information or materials, in whole or in part, that it deems in its sole discretion to be unacceptable, offensive, or in violation of this Agreement. pmcal.net also reserves the right to prohibit any user who, in our sole discretion, violates the Code of Conduct or other terms of this Agreement from using the Site and related services. Such prohibition may occur without notice to the user.

Logo and Trademark Submissions

You hereby grant pmcal.net permission to display your logo, trademarks, and company name on the Website and in press and other public releases or filings. PLEASE NOTE THAT YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS, TRADEMARKS, AND SERVICE MARKS IN ANY CONTENT YOU SUBMIT.

Registration; Use of Secure Areas and Passwords

Some areas of the Website may require you to register with us. When and if you register, you agree to (a) provide accurate, current, and complete information about yourself as prompted by our registration form (including your e-mail address and phone number) and (b) to maintain and update your information (including your e-mail address and phone number) to keep it accurate, current, and complete. You acknowledge that should any information provided by you be found to be untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement with you and your use of the Website.

As part of the registration process, you will be asked to select a password. You will be responsible for the confidentiality and use of your password and agree not to distribute, transfer or resell your use of or access to the Website to any third party. If more than one individual wishes to use a single password belonging to a registered user, such registered user must request permission from pmcal.net in writing, it being understood that pmcal.net shall be under no obligation to approve any such request. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND SOLELY AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

Miscellaneous

This Agreement is entered into in the State of Colorado and shall be governed by and construed in accordance with the laws of the State of Colorado, exclusive of its choice of law rules. Each party to this Agreement hereby submits to the exclusive jurisdiction of the state and federal courts sitting in Denver County in the State of Colorado for any dispute arising under or in connection with this Agreement, the Website or any Website-related services, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Failure of any party to insist upon strict compliance with any of the terms and conditions of this Agreement shall not be deemed a waiver or relinquishment of any similar right or power at any subsequent time.

This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. This Agreement is not assignable, transferable, or sub-licensable by you except with prior written consent. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. pmcal.net reserves the right in its sole discretion to terminate the use of the Website by a user at any time.