Terms of Service

Updated 10/08/2024

V 1.2

This website is owned and operated by Park My Car Share, LLC., which does business as Park My Share and is a wholly owned subsidiary of Soap Mokey, Inc. (“PMCS”). These terms of service (“Terms”) apply to your access and use of all websites, mobile apps, and other digital platforms that are owned and/or operated by PMCS, including Park My Share website (each a “Site” and, collectively “Sites”). Please read this page carefully. If you do not accept the Terms expressed here, do not use the Sites or our services. By using the Sites and our services, you expressly agree to be bound by the Terms set forth herein. Unless explicitly stated otherwise, any features or services added to the Sites are also subject to these Terms.

By accessing the Sites, you agree that you are at least eighteen (18) years of age and are bound by these Terms and by our Privacy Statement, which is incorporated by reference into these Terms.

If you are an individual using the Sites on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (an “organization”), then you are agreeing to these Terms on behalf of yourself and such organization, and you represent and warrant that you have the legal authority to bind such organization to these Terms.

When we refer to “we,” “us,” or “our,” we mean PMCS or the specific division, subsidiary, or affiliate that operates the Site, provides its content, or processes information received through it, each as appropriate and applicable. When we refer to “you” or “your,” we mean the person accessing the Site. If the person accessing the Site acts on behalf of, or for the purposes of, another person, including an organization, “you” or “your” also means that other person or organization.

Description of Services

PMCS arranges access to parking on behalf of independently owned and operated parking facilities (hereinafter referred to as “Parking Partners” or “Partner Facility(ies)”). You may see the locations of our Partner Facilities HERE (“Locations”). PMCS is the exclusive partner of the Partner Facilities. That means that our Sites are the only authorized method for you, as a rental car host, to park at the Partners Facility(ies). Our goal at PMCS is to make your purchasing experience easy, efficient and equitable, so that you can run your business as a rental car host.

In order to access PMCS parking, each vehicle you wish to park must be registered on the PMCS Site, must have an active monthly subscription and have an Automatic Vehicle Identification (“AVI”) tag permanently installed on each vehicle.
See our Subscription Agreement and Pricing Agreement  for more detail. If you have any questions about the information below, please contact us using [email protected].

Additional Terms on Sites

These Terms expressly include any and all additional terms and conditions that are set forth in any of the Sites, including any such terms and conditions that are specified in posted agreements and frequently asked questions listings (“Additional Terms”). Any reference to the “Terms” in this agreement includes all Additional Terms. To the extent any of these Terms are in conflict with any Additional Terms, the Additional Terms shall control.

If applicable, you agree to honor and abide by the terms and conditions of any Partner Facilities, airports or transportation vehicles that you access as a result of any purchases made through any of our Sites.  

Third Party Content  

These Terms do not apply to any website owned and/or operated by or on behalf of any third party even if we provide a link to such website on one of our Sites (“External Sites”). PMCS does not guarantee, approve, or endorse the information or products available on External Sites, nor does a link on the Sites indicate any association with or endorsement of the External Site.  

We do not operate or control and have no responsibility for the information, products and/or services found on External Sites. Nor do we make any representation or warranty, express or implied, as to the accuracy or reliability of any information, products and/or services provided on or through External Sites, including warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.  

Users of the Sites assume complete responsibility and risk in their use of any External Sites. Users should direct any concerns regarding any external link to the External Site’s administrator or webmaster. Users are hereby informed to exercise utmost caution when visiting any External Sites.

Usage of the Sites; Your Account and Registration

You agree that the services of the Sites shall be used only to manage your car share fleet parking at the Partner Facilities. You understand that abuse of the parking services available through the Sites or breaking of Partner Facility or PMCS rules may result in you being denied access to such Partner Facilities. You agree to abide by the terms or conditions imposed by any Partner Facility with whom you elect to deal. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Sites.

If you create an account on the Sites or register for any service offered through the Sites, you agree to provide accurate, current and complete information about yourself and, if applicable, your organization, and to update that information if it changes. Failure to provide accurate and timely information may result in your account being closed and/or your access to the Content (as defined below) or the Sites provided through your account being suspended or discontinued.

As part of the process of creating an account or registering for a service provided through the Sites, you will choose a password. It is your responsibility to keep this password confidential. You agree that you are responsible for all acts or omissions that occur on your account while your password is being used. If you find out that your password or account is being used by someone else, or you discover any other breach of security, you agree to notify our Customer Service Manager immediately at [email protected].

Privacy Policy

Your submission of personal data to us through the Sites is governed by PMCS’s Privacy Policy, which is hereby incorporated into these Terms by reference. Accordingly, by using this Sites, you affirmatively acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of PMCS’s Privacy Policy.

Modifications to the Sites

We may change, restrict access to, suspend or discontinue the Sites, or any portion thereof, at any time, with or without notice. You understand, acknowledge and agree that PMCS will not be liable to you or to any third party for any such termination, modification, suspension or discontinuance of the Sites.

Modification to the Terms

PMCS, at its sole discretion, reserves the right to alter or change these Terms at any time. For material changes, we will seek to supplement such notice by email, a pop-up message on the Sites, other prominent notice on the Sites, or by other reasonable means. By using the Sites after any changes in these Terms, you agree to be legally bound by the Terms as amended. Therefore, you should frequently revisit this page to determine the present terms and conditions to which you are legally bound.

Termination

You agree that we may, under some circumstances and without prior notice to you, terminate your use of and access to all or part of the Sites. Some of the reasons for such termination may include, but may not be limited to:

·      a breach or violation or suspected breach or violation of these Terms or other incorporated agreements or guidelines;

·      a request by law enforcement or another government agency;

·      our decision to discontinue or change all or part of the Sites;

·      technical or security issues; or fraudulent or illegal activities.

All terminations will be made in our sole discretion, and you agree that we will not be liable for any termination of your use of or access to the Sites or the Content (as defined below). You may terminate these Terms by deleting your PMCS account and notifying PMCS
at [email protected].

If you or we terminate these Terms, or if we suspend your access to the Sites, you agree that: (i) your right to access and use the Sites ceases immediately and (ii) we shall have no liability or responsibility to you, and (except as expressly provided in writing by PMCS) we will not refund any amounts that you have already paid to us.

The following provisions shall survive the termination of these Terms: This section; the sections Intellectual Property and Restrictions on Use of Information and Content (excluding the license granted to you); User Content & Your License Grant to PMCS; Disclaimer of Warranties; Limitation of Liability; Disputes; Governing Law & Jurisdiction; Miscellaneous, and any other provisions of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms.

Service Description, Availability & Pricing Information

PMCS strives to be as accurate as possible and eliminate errors on the Sites. There may, however, be information on the Sites that contains errors, inaccuracies, or omissions and they may relate to service descriptions, pricing, promotions, offers and/or availability. Certain services offered on the Sites may have limited availability or may be available only in certain geographic regions.

Intellectual Property and Restrictions on Use of Information and Content

All information, content, features, and functionalities provided on the Sites, (collectively, the “Content”), whether explicitly marked or not, are the property of PMCS or its licensors, and are subject to applicable U.S. and international copyright laws. The Content includes, but is not limited to, the text, graphics, image, video, audio, animation, software, their related files and their arrangement on the Sites. The Content also includes all trademarks, service marks, logos, slogans, trade names, model and brand names, emblems and trade dress (collectively, “Marks”).

We are providing you with access to the Sites and the Content pursuant to a limited, non-exclusive, non-sub-licensable, non-transferable, revocable license. You may use the Sites and the Content for your personal use (if you are an individual consumer) or internal business purposes (if you are using the Sites on behalf of an organization), and at all times subject to these Terms. In no event may you use the Content for any commercial purpose, i.e., for any purpose intended for or directed towards commercial advantage or monetary compensation. This license is available to you unless and until you or we terminate these Terms, we otherwise suspend your access to the Sites, or you are barred from using the Sites by applicable law. PMCS reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.

Under this license, you are permitted to use the Sites and the Content in the following ways: (i) you may access and browse the Sites, and use the features and functionalities made available to you thereon, using a device that you own or are authorized to use (a “Device”); (ii) you may download the Content from the Sites to a Device and print out a hard copy, provided that you maintain all copyright and other intellectual property notices on the Content, do not modify or otherwise alter any Content, and do not expressly or implicitly suggest an association with any services, product, brands or affiliates of PMCS; (iii) you may install a copy of any mobile applications that we make available from time to time (collectively, the “Apps”) on a Device; and (iv) your Device may temporarily store copies of the Content incidental to your use of the Sites.

You may not otherwise copy, reproduce, download, upload, post, broadcast, transmit, distribute, publish, republish, or otherwise use any Content in any form or by any means. Further, without the prior written permission of PMCS, you may not frame, or make it appear that a third-party website or service is presenting or endorsing, any aspect of the Sites, or incorporate any intellectual property of the Sites into another website or other service. Aside from the limited license granted in this section, these Terms do not grant you any rights to use the Marks. Under no circumstances are you permitted to use the Marks in a manner that creates a likelihood of consumer confusion as the source or identity of any products or services or the ownership of the Trademarks in question.

Any use of the Content, except as specifically permitted in these Terms or in a written instrument signed by PMCS is strictly prohibited. Nothing contained in this Site shall be construed as conferring by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of PMCS or any third party.

Any use of the Content or Marks provided on the Sites that does not comport with the above Terms shall be an unauthorized use and may subject you to civil and criminal penalties as provided by applicable U.S. and international intellectual property laws.

User Content, Reviews & Your License Grant to PMCS

Certain aspects of the Sites may permit users to submit, post, link, send, share, or otherwise make available (“share”) information, reviews and content (“User Content”). User Content has not necessarily been reviewed or approved by PMCS, and we, therefore, make no representations or warranties as to the accuracy, reliability, completeness, or timeliness of any such content. Any views or opinions expressed in User Content belong to the users who shared the content and not to PMCS. Your reliance on any User Content is done entirely at your own risk. You understand and agree that we are not responsible for, and shall have no liability related to, any User Content, including your reliance on any such content.

You hereby warrant and represent that any review you posted on the Sites, or submitted at PMCS is based upon an actual experience during the last twenty-four (24) months with the reviewed Partner Facility. Reviews, including other user-generated content, do not reflect the opinion of PMCS or any affiliated companies, or its employees, officers, directors, or shareholders. PMCS disclaims all liability and responsibility for any review or other user generated content and for any damages, claims, or losses resulting from any such review or other user generated content. You acknowledge that PMCS has the right in its sole discretion to display or refuse or remove any user generated content posted by you on the Sites, including, without limitation, ratings, reviews, and user profile information.

You will retain ownership of any intellectual property rights that you own in your User Content, but, in exchange for the opportunity to share User Content on the Sites, you automatically grant to PMCS a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and otherwise use and exploit your User Content for any purpose (commercial or otherwise) and in any media, medium, form, format, and forum now known or hereafter developed. We may sublicense these rights through multiple tiers of sublicenses. By sharing User Content, you represent and warrant that you possess all rights and permissions necessary to grant this license.

User Content shall not be deemed confidential, and PMCS shall not have any obligation to keep any such material confidential. You acknowledge and agree that PMCS shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to, developing, manufacturing, and marketing products and services incorporating such information, all without any compensation or attribution to you.

For avoidance of doubt, all User Content on the Sites is considered part of the Contents, as defined above in these Terms. As such, aside from the limited license to access and use the Sites and the Contents granted in these Terms, you may not copy, reproduce, or otherwise use or exploit User Content shared by another party without the prior written permission of the owner of such content.

User Conduct

By using the Sites, you agree not to share any User Content or otherwise use the Sites in any manner that:

• Is designed to interrupt, destroy or limit the functionality of, any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files or programs);

• Interferes with or disrupts the proper functioning of the Sites or the services connected to the Sites;

• Infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);

• Consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

• Causes PMCS to lose (in whole or in part) the services of our Internet service providers or other suppliers; • Links to materials or other content, directly or indirectly, to which you do not have a right to link;

• Is designed to gain unauthorized access to any services or materials offered by PMCS or computer systems or networks connected to any PMCS server through hacking, password mining, or any other means;

• Is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or discriminatory based on race, ethnicity, nationality, sex, sexuality, gender, age, or disability;

• Copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Sites or any portion thereof;

• Violates, or encourages anyone to violate, these Terms or any applicable local, state, national, or international law, regulation, or order.

PMCS shall have the right, but not the obligation, to monitor, evaluate, and analyze any use of and access to the Sites for the purpose or determining or enforcing compliance with these Terms. Further, PMCS shall be free to delete, remove, or refuse to post any User Content if we determine that the content violates these Terms.

You agree that PMCS has the right to (i) disclose your identity or other relevant information about you to any third party who claims that User Content posted by you violates their rights; (ii) take legal action, including referral to law enforcement, with respect to any suspected illegal or unauthorized use of the Sites; and (iii) cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any user of the Sites.

You hereby waive any claims related to or resulting from any action or inaction of PMCS with respect to (i) monitoring the use of the Sites; (ii) deleting, removing, modifying, or refusing to post any User Content; (iii) determining or enforcing compliance with these Terms; and (iv) cooperating with law enforcement on any matter related to the Sites. You further agree that PMCS shall not be liable to you with respect to any other user’s conduct that is prohibited under these Terms.

Notwithstanding the use restrictions in this section, nothing in these Terms shall prohibit or restrict your ability to (i) make any “statement” protected by Cal. Civ. Code § 1670.8; (ii) engage in a “covered communication” as defined by the Consumer Review Fairness Act, 15 U.S.C.A. § 45b; or (ii) express or publish any review, performance assessment, or similar analysis (collectively, “Reviews”) about PMCS, its employees or agents, or its products or services, to the extent that such Reviews are protected under applicable law.

DISCLAIMER OR WARRANTIES

YOUR USE THE SITES, THE CONTENTS, AND THE SERVICES OFFERED ON THE SITES IS DONE ENTIRELY AT YOUR OWN RISK, THE CONTENTS, AND THE SERVICES OFFERED ON THE SITES, INCLUDING CONTENT PROVIDED BY THIRD PARTY ADVERTISERS AND SPONSORS AND PARKING PERMITS FOR THIRD PARTY VENUES AND FACILITIES IS PROVIDED "AS-IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR MECHANTABILITY, FITNESS FOR A PARTICULAR PURCHASE, TITLE OR NON-INFRINGEMENT.

WITHOUT LIMITING THE ABOVE DISCLAIMERS, PMCS, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, LICENSORS, PARKING PARTNERS OR SOAP MONKEY INC (THE HOLDING COMPANY OF PMCS) (COLLECTIVELY, THE "RELEASED PARTIES"): 1 MAKE NO WARRANTIES OR REPRESENTATIONS WHATSOEVER CONCERNING THE SITES, THE ACCESS TO OR THE AVAILABILITY OR USE OF, THE SITES, THE INFORMATION AND CONTENT FROM WHATEVER SOURCE POSTED ON OR REFERRED TO THE SITES, OR THE ACCURACY, COMPLETENESS OR TIMELINESS OF SUCH INFORMATION OR CONTENT; (2) DO NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO, OR USE OF, THE SITES WILL BE UNINTERRUPTED OR FREE FROM ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITES WILL BE UNINTERRUPTED OR FREE OF ERRORS AND OMISSIONS, THAT DEFECTS WILL BE CORRECTED OF THAT THE SITES OR THE INFORMATION OF CONTENT FROM WHATEVER SOURCE AVAILABLE FOR USE OR DOWNLOADING THERON ARE FREE OF COMPUTER VIRUSES, WORKS, TROJEN HORSES OR OTHER HARMFUL COMPOTENTS;(3) LISTED ON, OR ACCESSED THROUGH, THIS SITE WILL BE AVAILABLE FOR PURCHASE OR NOT WITHDRAWN AT ANY TIME AND MAKE NO REPRESENTATION OF WARRANTY OF ANY KIND WHATSOEVER CONCERNING SUCH PRODUCTS OR SERVICES; AND (4) DO NOT REPRESENT OR WARRANT THE ACCURACY, FUNCTIONALITY, SPECIFICATIONS, OR ANY OTHER ASPECT OF ITEMS FROM WHATEVER SOURCE POSTED OR ACCESSED THROUGH THE SITES.

PMCS HAS NO OBLIGATION TO UPDATE ANY INFORMATION OR CONTENT ON THE SITES. ACCORDINGLY, PMCS, ITS SUBSIDIARIES, AFFILIATED COMPANIES AND JOINT VENTURE PARTNERS ASSUME NO RESPONSIBILITY REGARDING THE ACCURACY OF THE INFORMATION OR CONTENT PROVIDED ON THE SITES. ANY USE OF THE INFORMATION OR CONTENT PROVIDED ON THE SITES IS DONE SO AT YOUR OWN RISK.

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SO FOR SOME THE EXLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU IN WHOLE OR IN PARK. FOR CLARIFICATION, NOTHNG IN THESE TERMS SEEKS TO EXLUDE OR LIMIT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. HOWEVER, YOU AGREE THAT THE TERMS OF THIS SECTION SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE TO ANY PARTY FOR THE FOLLOWING DAMAGES (IF ANY) ARISING IN CONNECTION WITH YOU USE OF (OR THE INABILITY OF USE) THE SITES OR ANY SERVICES OBTAINED THROUGH THE SITES: (1) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (2) LOST REVENUES, LOST PROFITS, LOSS OF USE, LOSS OR PROSPECTIVE ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, WHETER DIRECT OR INDIRECT; (3) DAMAGES ARISING FROM THE CONDUCT OF OTHER USERS OF THE SITES OR THEIR USER CONTENT; OR (4) DAMAGES ARISING FROM OR RELATING TO THE DELAY, FAILURE, INTERRUPTIOIN, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITES.

FURTHER, YOU ARE SOLEY RESPONSIBLE FOR DETERMINING YOUR OWN SAFETY AND THE SAFETY OF YOUR VEHICLE AND ITS CONTENTS AT ANY PARTNER FACILITY, INCLUDING ANY SHUTTLE SERVICES TO AND FROM THE PARTNER FACILITY, PROVIDED TO YOU THROUGH USE OF THE SITES. NEITHER WE NOR ANY PARKING PARTNER PROVIDE SECURITY AT THE PARTNER FACILITY OR ON ANY SHUTTLE SERVICE. NEITHER WE NOR ANY PARKING PARTNER NOR ANY AFFILIATE, LENDER, EMPLOYEE, AGENT, REPRESENTATIVE, OR MANAGER OF PMCS OR OF THE PARKING PARTNER IS RESPONSIBLE FOR DAMAGE TO OR LOSS OF YOUR VEHICLE OR ANY OF ITS CONTENTS OR PERSONAL ARTICLES OR FOR ANY PERSONAL INJURY IN ANY CIRCUMSTANCE, INCLUDING AS A RESULT OF USE OF ANY SHUTTLE SERVICE OF A PARKING PARTNER AND INCLUDING WEATHER, FIRE, EXPLOSION, TERRORISM, COLLISION, EARTHQUAKES, OR ANY CAUSES WHATSOEVER; MECHANICAL DEFECTS OR ACCIDENTS; OR CRIMINAL ACTIVITY OF ANY KIND INCLUDING THEFT. YOU PARK AT YOUR OWN RISK AND WILL HAVE NO RECOURSE AGAINST US OR ANY PARKING PARTNER OR HAVE ANY CAUSE OF ACTION AGAINST US OR ANY PARKING PARTNER IN CONNECTION WITH ANY PARKING AT ANY PARKING LOCATION PROVIDED TO YOU THROUH THE USE OF THE SITES. NO EMPLOYEE OR AGENT OF PMCS OR THE PARKING FACILITY HAS THE AUTHORITY TO ALTER ANY OF THE PROVISIONS OF THIS LANGUAGE.

IN NO EVENT WILL THE COLLECTIVE LIABLITY OF THE RELEASED PARTIES IN CONNECTION WITH ANY DISUTE (DEFINED BELOW) EXCEED THE GREATER OF (1) $200 USD OR (2) THE AMOUNT YOU PAID TO PMCS IN CONNECTION WITH YOU USE OF THE SITES IN THE 12-MONTH PERIOD PRECEDING THE DATE ON WHICH YOU FIRST CLAIM RELATED TO THE DISPUTE AROSE.

THAT BEING SAID, SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE LIMITATIONS OR EXCLUSIONS IN THES TERMS MAY NOT APPLY TO YOU, IN WHOLE OR IN PART. FOR CLARIFICATION, NOTHING IN THESE TERMS SEEKS TO EXCLUDE OR LIMIT ANY DAMAGES OR LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. HOWEVER, YOU AGREE THAT LIMITATIONS OR EXCLUSIONS OR LIABILITY IN THESE TERMS SHALL APPLY TO THE GREATEST EXTENT PERMMITTED BY APPLICABLE LAW.

Indemnity

You agree to defend, indemnify, save and hold harmless the Released Parties from and against all liabilities, claims, damages, and expenses, including reasonable attorneys’ fees as incurred, arising out of your use of the Sites, including any violation or alleged violation of these Terms, and any losses or claims arising out of your use of any services you may have obtained on one of our Sites.

We reserve the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and you agree to cooperate with us if and as requested by us in the defense and settlement of such matter. In any case, you agree never to settle any matter for which your indemnification is required absent our prior written consent

Disputes & Arbitration

If there is any controversy, claim, action, or dispute between you and PMCS arising out of or related to your use of the Sites or the breach, enforcement, interpretation, or validity of these Terms or any part of them (“Dispute”), you and PMCS agree to resolve the Dispute through the dispute resolution procedures set forth in this section, even if that Dispute arose prior to the Effective Date of these Terms.

A, Informal Dispute Resolution

You and PMCS agree to first attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve the Dispute informally. The party with the complaint (the “Complaining Party”) shall send written notice to the other party (the “Receiving Party”) describing the facts and circumstances of the Dispute (a “Dispute Notice”).

All Dispute Notices must: (1) be signed by the Complaining Party; (2) include the Complaining Party’s name, physical address, and email address; (3) describe with specificity the nature and basis of the Dispute in a manner sufficient for the Receiving Party to evaluate the merits of the Complaining Party’s individualized claim, and (4) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and PMCS. As such, your Dispute and the Disputes of other parties may not be combined into a single Dispute Notice.

Dispute Notices shall be sent to:

• To PMCS: You must send notice (1) by electronic mail to mailto:[email protected] and (2) by first-class or certified mail to 151 W 4th Street Suite 200A Box 23 Cincinnati, Ohio 45202.

• To You: We will send notice by (1) first class or certified mail to the physical address we have on file for you (if any) and (2) by email to the email address we have on file for you (if any). If we do not have any address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we reserve the right to provide notice by other reasonable means.

You and PMCS will attempt to resolve the Dispute through informal negotiation within sixty (60) days beginning on the date that a valid Dispute Notice is sent (the “Informal Negotiation Period”). During the Informal Negotiation Period, the parties are required to conduct an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and PMCS (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to participate. PMCS will participate in the Conference through one or more representatives, which may include our counsel.

Both you and PMCS agree that the foregoing dispute resolution procedure (the “Informal Dispute Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation against the other party. If any aspect or requirement of the Informal Dispute Resolution Procedure has not been completed or satisfied, the parties agree that (i) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration or litigation and (ii) unless prohibited by law, no arbitration administrator shall accept or administer any arbitration or demand fees in connection with the Dispute.

PMCS may, in its sole discretion, suspend or terminate your account during an Informal Negotiation Period.

B. Arbitration

IF ANY DISPUTE CANNOT BE RESOLVED BY THE INFORMAL DISPUTE RESOLUTION PROCEDURE, YOU AND PMCS AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT YOU AND WE WOULD OTHERWISE HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS.

All such Disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services (JAMS) (www.jamsadr.com) for binding arbitration under its rules then in effect (as modified by these Terms), before one arbitrator to be mutually agreed upon by both parties. The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) (the “Minimum Standards”) if, and only if, it is determined by JAMS or the arbitrator that the Minimum Standards are applicable to the Dispute. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $5,000 or less, you may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance-based hearing by teleconference or videoconference.  

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable. For the avoidance of doubt, you and PMCS agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this section of the Terms or the arbitrability of any claim or counterclaim. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

C. Exceptions

Notwithstanding any other provision of this section, you or PMCS may (1) bring an individual claim or elect to resolve a Dispute in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply (so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction) and (2) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights (so long as the action is brought and maintained on an individual basis). In addition, nothing in these Terms prohibits you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

Governing Law & Jurisdiction

These Terms have been made in and shall be construed in accordance laws of the United States and the State of Ohio, notwithstanding any principles of conflicts of law that would cause the law of any other jurisdiction to apply. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Ohio City of Cincinnati.

Miscellaneous

A. Force Majeure

PMCS will not be held responsible for any delay or failure in performance to the extent that such delay is caused by events or circumstances beyond PMCS’s reasonable control.

B. No Waiver

If PMCS does not exercise or enforce any legal right or remedy which is contained in these Terms (or which PMCS has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of PMCS’s rights, and all such rights or remedies shall still be available to PMCS.

C. Severability

If any part of these Terms is deemed unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

D. Entire Agreement

These Terms (which, for avoidance of doubt, includes all Additional Terms) set forth the entire understanding and agreement between us with respect to your use of the Sites.

E. Interpretation

In these Terms, the words “include,” “includes,” and “including” are used in an illustrative sense and shall be construed as if followed by “without limitation.” Titles and headings to sections herein are inserted for the convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of these Terms. Any limited or specific disclaimers or limitations of liability found in these Terms shall not limit the effect, force, or breadth of any other disclaimers or limitations of liability in these Terms. When these Terms refer to a decision or action that will or may be made or taken by PMCS, such decision or action shall be made, taken, or refrained from in PMCS’s sole discretion and judgment.

F. Assignment

You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction.

G. No Relationship These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and PMCS.

H. Admissibility You agree that a printed version of these Terms and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms or your use of the Sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

I. Notice to California Residents.

If you are a California resident, the following notices apply to you:

a. You may reach PMCS at the contact information provided below in the “CONTACT US” section. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

b. With respect to any limitations or disclaimers of warranties or liability included in these Terms, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Contact Information For answers to your questions or any other help required, you may contact us at [email protected]