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Consumer Policies

Privacy Policy   |  Terms of Use

Terms of Use

We provide an online telehealth platform (“Platform”), for users seeking access to online mental health services. Throughout the Platform information about a user’s treatment and medical history may be received and maintained.    As a condition of using those Services, you must agree to these Terms of Use (“Terms”), which are a legally binding contract between you and PM Now (“PM Now,” “we,” or “us”) that govern your use of the Platform.

These Terms supersede and replace any prior terms or agreements concerning use of the Service. You accept these Terms by registering to use the Platform, through your use of the Platform, or by continuing to use the Platform after being notified of a change to these Terms. In some cases, PM Now may ask you to affirmatively confirm your agreement to these Terms. Note that additional terms that are specific to a particular aspect of the Platform may be set forth in connection with your registration for or use of that particular aspect of the Platform, such as informed consent forms, if applicable, and such additional terms are hereby incorporated herein by reference.

 

The PLATFORM is NOT DESIGNED OR INTENDED FOR USE IN EMERGENCY SITUATIONS. EMERGENCIES AND URGENT QUESTIONS SHOULD BE DIRECTED IMMEDIATELY TO QUALIFIED PROFESSIONALS (E.G., CALL 911 AND/OR VISIT AN URGENT CARE CENTER). 

 

ONLY USERS AUTHORIZED BY PM Now (“PERMITTED USERS”) MAY USE THE PLATFORM OR PART THEREOF (INCLUDING ANY ASSOCIATED CONTENT). ANY USE OF THE PLATFORM OTHER THAN BY A PERMITTED USER IN ACCORDANCE WITH THESE TERMS IS STRICTLY PROHIBITED.

 

These Terms provide that all disputes between you and PM Now with respect to your use of the Platform will be resolved by BINDING ARBITRATION, to the fullest extent permitted under applicable law. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court, to the fullest extent permitted under applicable law. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action, to the fullest extent permitted under applicable law. Please review Section 23 (“Dispute Resolution and Arbitration”) for the details regarding your agreement to arbitrate any disputes with PM Now.

 

  1. Platform Overview. The Platform is intended only for your personal use in connection with PM Now’s online telehealth platform. You may not access or use the Platform for any other purpose. You are solely responsible for any information, images, videos, or other content or materials you upload to or transmit through the Platform (“Communications Data”), including but not limited to any email communications.

  2. ​Eligibility. You must be at least 18 years old to use the Platform By agreeing to these Terms, you represent and warrant to us that: (a) you are an individual who is at least 18 years old; (b) you have not previously been suspended or removed from the Platform; (c) your registration and your use of the Platform is in compliance with all applicable laws and regulations; and (d) you have read and agree to our Privacy Policy https://www.pmnowapp.com/user-privacy-policy, as further described in Section 12 below.

  3. Revisions to Terms; Revisions to the Platform. PM Now may revise these Terms from time to time upon reasonable notice posted on the home page of PM Now’s website. You may be required to agree to revised Terms as a condition of continued use of the Platform or any aspect of the Platform, and in any event your continued use of the Platform after the effective date of any revised Terms shall confirm your agreement to be bound by such Terms. PM Now reserves the right to reconfigure or discontinue features or functionality or any other aspect of the Platform at any time, temporarily or permanently, with or without notice, for any reason or no reason at all, with no liability to you.

 

To the fullest extent permitted under applicable law, we will have no liability whatsoever on account of any change to the Platform or any suspension or termination of your access to or use of the Platform.

 

4. Accounts and Registration. To access the Platform, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email, telephone number, address, date of birth, sex, relationship status, height, weight, religious preferences, emergency contact information, presenting problem, payment information and photograph of your ID. You agree that the profile information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. You understand and agree that as part of the registration process we may use this information to verify your eligibility to use the Platform. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at Support@PMNowapp.com.

5. Payment.  You agree to pay all applicable fees (if any) to access the Platform as outlined in the Platform. You may see a prompt for your payment details, such as your credit card information. By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due. Please see the User Privacy Policy for information regarding how this payment information is used.

You understand and agree that you are responsible for all fees due to access the Platform, if any.  In the event that your credit card expires or PM Now, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method

 

6. Licenses

a. Limited License. Subject to your ongoing compliance with these Terms, PM Now grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for your personal, non-commercial use for lawful purposes.

b. License Restrictions. Except and solely to the extent permitted by applicable law notwithstanding these restrictions, you may not at any time, directly or indirectly, and may not permit any other person to: (i) reproduce, distribute, or publicly display, the Platform or any part thereof; (ii) reverse engineer, decompile, or make modifications to the Platform or any part thereof; or (iii) interfere with or circumvent any feature of the Platform or any part thereof, including any security or access control mechanism. If you are prohibited under applicable law from using the Platform, you may not use it.

c. Reservation of Rights. PM Now reserves all rights not expressly granted to you in these Terms. Except for the limited rights and licenses expressly granted under these Terms, nothing in these Terms grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to the PM Now intellectual property.

d. Open Source Software. The Platform may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute such components (“Open Source Components”). Although the Platform is provided to you subject to these Terms, nothing in these Terms will be deemed to prevent, restrict, or otherwise prevent or restrict you from obtaining such Open Source Components under the applicable third-party licenses or to limit your use of such Open Source Components thereunder.

7. Consent to Communications and Monitoring/Recording of Voice Calls and Text Messages Made Through the Platform. By providing us with your contact information and using the Platform, you agree to receive communications, including via e-mail, phone calls, video, from or on behalf of PM Now, at the email address or telephone number you provided. These calls and messages may be for informational purposes, such as to provide you with the information or consultation you requested, or they may include marketing material from PM Now.  Standard text messaging and telephone minute charges applied by your cell phone carrier will apply.

8. User Content

a. User Content Generally. Certain features of the Platform may permit you or other users to upload content to the Platform, including Communications Data and other messages, reviews, images, data, text, and other types of information (“User Content”) and to publish User Content on the Platform. User Content does not include health-related information about you collected by the Platform.  PM Now shall have no responsibility for any User Content or others’ access thereto, and PM Now shall not be responsible for any loss, unavailability, or corruption of User Content.

b. Limited License Grant to PM Now. By posting or publishing User Content, you grant PM Now a worldwide, non-exclusive, royalty-free, fully paid, unrestricted right and license (with the right to sublicense) to use, host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in accordance with our Privacy Policy [link], in any media formats and through any media channels now known or hereafter developed.

c. User Content Representations and Warranties. You are solely responsible for your User Content, including any violations of copyright protections for User Content submitted to the Platform, and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:

  1. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize PM Now and users of the Platform to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by the Platform, PM Now, and these Terms; and

  2. your User Content, and the use of the Platform as contemplated by these Terms, does not and will not: (x) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (y) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (z) cause PM Now to violate any law or regulation, including laws related to the privacy of personal or health information.

  3. User Content Disclaimer. We are under no obligation to monitor, edit, or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content or any failure to review or act upon User Content. PM Now may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. To the fullest extent allowed under applicable law, you agree to waive, and do waive, any legal or equitable right or remedy you have or may have against PM Now with respect to User Content. We expressly disclaim any and all liability in connection with User Content, to the fullest extent allowed under applicable law. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice.

9. Procedure for Unlawful User Content

  1. General. If you believe that any User Content does not conform to these Terms, please notify us at Support@PMNowApp.com.

  2. DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act (the “DMCA”) applicable to our operations (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Platform, you may contact our designated agent at the following address:

PM Now
1808 Over Lake Dr., SE

Suite B

Conyers, GA 30013
Email: Support@PMNowApp.com

Please note that under applicable law, if you knowingly give false, misleading or inaccurate information that User Content is infringing, you may be subject to civil or criminal penalty. Any notice under the DMCA alleging that materials hosted by or distributed through the Platform infringe intellectual property rights must include all of the information required by the DMCA for such notices.

c. Repeat Infringers. PM Now reserves the right to take steps to promptly terminate without notice the accounts of users that are determined by PM Now to be “Repeat Infringers.”

  1. Prohibited Conduct. BY USING THE PLATFORM YOU AGREE NOT TO, directly or indirectly, and may not permit any other person to:

    1. use or access the Platform (i) from a jurisdiction where such use or access is not authorized, (ii) for any illegal purpose, or (iii) in violation of any local, state, national, or international law;

    2. conduct activities that may be harmful to others or that could damage PM Now ’s reputation;

    3. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right, or violating any third party privacy right;

    4. post, upload, or distribute marketing or advertising links or content, or any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;

    5. use scrapers, robots, or other data gathering devices not provided by PM Now  on or through the Platform;

    6. interfere with security-related features of the Platform, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering, decompiling, or otherwise attempting to discover the source code of any portion of the Platform, except to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction;

    7. interfere with the operation of the Platform or any user’s enjoyment of the Platform, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Platform; (iii) attempting to collect personal information, User Content, Communications Data, or other information about another user or third party without their consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Platform, or violating any regulation, policy, or procedure of any such network, equipment, or server;

    8. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or accreditation, accessing any other User or Provider account without permission, or falsifying your account registration information;

    9. modify, translate, or create derivative works, adaptations or compilations of, or based on, the Platform or part thereof, or use, copy or reproduce the Platform or any part thereof other than as expressly permitted in these Terms;

    10. assign, sublicense, lease, sell, grant a security interest in, or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 14) or any right or ability to view, access, or use any Material; or

    11. attempt to do any of the acts described in this Section 9, or assist or permit any person in engaging in any of the acts described in this Section 9.

11. Third-Party Services and Linked Websites. Websites and services provided by third parties are not under our control, and we are not responsible for any third party services. The Platform may also contain links to third-party websites. Linked websites are not under our control, and we are not responsible for them or their content.

  1. Termination of Use; Discontinuation and Modification of the Platform. If you violate any provision of these Terms, your permission from us to use the Platform will terminate automatically. In addition, PM Now may terminate your user account on the Platform or suspend or terminate your access to the Platform at any time in our sole discretion if you violate or we suspect that you have violated any provision of these Terms.

  2. Privacy Policy. Please read the PM Now Privacy Policy [link] carefully for information relating to our collection, use, storage and disclosure of your personal information. The PM Now Privacy Policy is incorporated by this reference into, and made a part of, these Terms. You explicitly consent to the collection, hosting, use, disclosure and other processing or handling of your personal information (including sharing data with third party providers) as described in the PM Now Privacy Policy [link].

  3. Modification of these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we will notify you of the modified Terms by email to the address you provided in your user profile and/or in a notification in the Platform or on our website. Material modifications will be effective upon your acceptance of such modified Terms or upon your continued use of the Platform after we send or post our notification of the changes, whichever is earlier. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

  4. Ownership; Proprietary Rights. The Platform is owned and operated by PM Now. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Platform (“Materials”) provided by PM Now are protected by intellectual property and other laws. All Materials included in the Platform are the property of PM Now or our third-party licensors. Except as expressly authorized by PM Now, you may not make use of the Materials. PM Now reserves all rights to the Materials not granted expressly in these Terms.

  5. Subcontractors. You hereby consent to PM Now’s engagement of third parties (including PM Now ’s affiliates) to perform, provide, or support the performance or provision of, all or any portion of the Platform.

  6. Feedback. If you choose to contact PM Now or provide input or suggestions regarding your experience with the Platform (“Feedback”), then you hereby grant PM Now an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit such Feedback in any manner and for any purpose, including to improve the Platform and create other products and services.

  7. Indemnification. To the extent permissible by applicable law, you agree to indemnify and hold harmless PM Now and its licensors and service providers, and all of its respective officers, directors, agents, and representatives, from and against any claim, suit, action, or loss (including reasonable attorneys’ fees) arising from or related to (a) any User Content posted or generated by you (including any claim concerning the use or disclosure of such User Content); (b) your use of the Platform; (c) your violation of these Terms, unless such claim, suit, action, or loss arises from the gross negligence or intentional misconduct of PM Now ; (d) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (e) any dispute or issue between you and any third party; and (f) fraud, intentional misconduct, criminal acts, gross negligence, or negligence committed by you. To the fullest extent permitted under applicable law, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim. To the extent permissible by applicable law and approved by the applicable court, if such approval is required, such indemnification shall be treated as an administrative expense of the estate.

19. Disclaimers; No Warranties.

the Platform AND ALL PM Now MATERIALS AND CONTENT AVAILABLE THROUGH the Platform ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. PM Now DISCLAIMs, AND YOU HEREBY EXPRESSLY WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING TO the Platform AND ALL PM Now MATERIALS AND CONTENT AVAILABLE THROUGH the Platform, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE; AND (C) ANY WARRANTY AS TO WHETHER THE INFORMATION AVAILABLE THROUGH OR TRANSMITTED BY THE PLATFORM IS TRUE, COMPLETE OR ACCURATE. PM Now DOES NOT WARRANT THAT the Platform OR ANY PORTION OF the Platform, OR ANY PM Now MATERIALS OR CONTENT OFFERED THROUGH the Platform, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PM Now, YOUR HEALTH CARE PROVIDER, OR ANY PM Now MATERIALS OR CONTENT AVAILABLE THROUGH the Platform WILL CREATE ANY WARRANTY REGARDING PM NOW OR THE PLATFORM THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY HARM OR DAMAGE THAT MAY RESULT TO YOU FROM YOUR USE OF OR ACCESS TO the Platform, YOUR DEALING WITH ANY OTHER USER or HEALTH CARE provider, AND ANY PM Now MATERIALS OR CONTENT AVAILABLE THROUGH the Platform. YOU UNDERSTAND AND AGREE THAT YOU USE the Platform, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN PM Now MATERIALS OR CONTENT THROUGH the Platform AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH the Platform), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF the Platform OR THE DOWNLOAD OR USE OF THAT PM Now  MATERIALS OR CONTENT.

THE ABOVE PARAGRAPHS APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES, IN PARTICULAR A DISCLAIMER OF WARRANTIES PROVIDED OR IMPLIED BY LAW, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

PM NOW MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY OR TIMELINESS OF ANY DATA PROVIDED BY YOU OR THIRD PARTIES, OR OF ANY CONTENT GENERATED BY THE DATA STORED BY YOU THROUGH THE PLATFORM.  IN PARTICULAR, PM NOW MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY INFORMATION BASED ON SUCH DATA WILL BE IN COMPLIANCE WITH GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION.

  1. Limitation of Liability. 

TO THE EXTENT PERMITTED BY LAW: (A) PM NOW, AND ITS LICENSORS AND SERVICE PROVIDERS, AND ALL OF ITS RESPECTIVE OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, SHAREHOLDERS, MEMBERS, EMPLOYEES, PARTNERS, SUCCESSORS, AND ASSIGNS, DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AND, IN ADDITION, SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING UNDER THESE TERMS OR ASSOCIATED WITH YOUR USE OF THE PLATFORM, OR YOUR INABILITY TO USE, OR WITH RESPECT TO ANY PM NOW MATERIALS, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUE, PROFITS, GOODWILL, OR USE OF DATA, LACK OR LOSS OF DATA, OR OTHER INTANGIBLE LOSSES, WHETHER THE CLAIM FOR SUCH DAMAGES IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE (EVEN IF PM NOW OR ITS APPLICABLE LICENSOR(S) OR SERVICE PROVIDER(S) HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES), AND (B) PM NOW’S MAXIMUM AGGREGATE LIABILITY OF ANY KIND ARISING UNDER OR RELATING TO THESE TERMS, THE PLATFORM, ANY INABILITY TO USE ANY PORTION OF THE PLATFORM, OR PM NOW MATERIALS SHALL BE ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS SHALL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORT, OR ANY OTHER LEGAL THEORY; MOREOVER, THESE LIMITATIONS WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.FOR CLARITY, PM NOW SHALL NOT BE LIABLE FOR ANY[EM9] [RS10]  MENTAL OR PHYSICAL INJURY TO INDIVIDUALS AS A RESULT OF SERVICES, OPINIONS, ADVICE, OR RECOMMENDATIONS FROM HEALTH CARE PROVIDERS FOUND OR CONTACTED VIA THE SERVICE.  

NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT, OR LIABILITY IN A MANNER THAT IS NOT PERMISSIBLE UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF IMPLIED TERMS. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND THE LIABILITY OF PM Now AND ITS LICENSORS AND SERVICE PROVIDERS WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Where you choose to share your personal information, including health-related information, from your account with third parties, you acknowledge and agree that to the fullest extent permitted by law, neither PM Now nor its service providers are responsible for your decision to share and/or disclose your personal information, including health-related information, and you hereby release PM Now and its service providers from any liability that may arise from such third parties’ collection or other processing of your personal information.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 19 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

21. Assignment. You may not assign, transfer or sublicense any obligations or benefits under these Terms without the prior written consent of PM Now. We may assign these Terms at any time without notice or consent. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their respective successors and permitted assigns.

22. Termination. You may terminate your account at any time by contacting customer service at Support@PMNowapp.com. These Terms shall remain effective until terminated. PM Now may immediately terminate these Terms and/or your access to and use of the Platform or any portion thereof, at any time and for any reason. In addition, PM Now may terminate these Terms at any time for cause if you fail to comply with any provision of these Terms, in which case all rights granted to you by these Terms will terminate, and you will lose any status as a Permitted User.

All provisions or obligations contained in these Terms which by their nature or effect are required or intended to be observed, kept, or performed after termination (including without limitation Sections 3-5, 6(c) and (d), 7-24 of these Terms) shall survive any termination of your rights under these Terms.

23. Miscellaneous. These Terms are the complete and exclusive statement of the agreement with respect to the subject matter hereof and supersede all other communications or representations or agreements (whether oral, written, or otherwise) relating thereto. The failure of PM Now to require performance of any provision of these Terms in no manner shall affect its right at a later time to enforce the same. No waiver by PM Now of any breach of the terms of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any other such breach, or a waiver of any other breach of such terms.

If any provision of these Terms shall to any extent be held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of these Terms shall in no way be affected or impaired thereby and each such provision of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality, or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein. The section headings in these Terms are for convenience only and shall have no legal or contractual effect.

All notifications to PM Now under these Terms should be sent via email and first class mail to:

PM Now   

1808 Over Lake Dr, SE    

Suite B   
Conyers, GA 30013   

  

Support@PMNowApp.com

 

24. Dispute Resolution and Arbitration.

  1. Generally. In the interest of resolving disputes between you and PM Now in the most expedient and cost-effective manner, you and PM Now agree that every dispute arising in connection with these Terms will be resolved by binding arbitration, to the fullest extent permitted under applicable law. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PM NOW ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

  2. Exceptions. Despite the provisions of Section 23(a), nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

  3. Arbitrator. To the fullest extent permitted under applicable law, any arbitration between you and PM Now will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting PM Now.

  4. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). PM Now’s address for Notice is: PM Now, 1808 Over Lake Dr., SE Suite 2 Conyers, GA 30013. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or PM Now may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or PM Now must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

  5. Fees. If you commence arbitration in accordance with these Terms, PM Now will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Lehigh County, PA, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse PM Now for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

  6. No Class Actions. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND PM NOW AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and PM Now agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

  7. Modifications to this Arbitration Provision. If PM Now makes any future change to this arbitration provision, other than a change to PM Now ’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to PM Now’s address for Notice, in which case your account with PM Now will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

  8. Opt-Out Procedure. You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice (“Opt-Out Notice”) in accordance with the terms of this Section. For new users, the Opt-Out Notice must be postmarked no later than 30 days after the date you use the Service for the first time. You must mail the Opt-Out Notice to PM Now, 1808 Over Lake Dr., SE Suite 2 Conyers, GA 30013. The Opt-Out Notice must state that you do not agree to the arbitration agreement and must include your name, address, phone number, and the email address(es) used to log in to the account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the arbitration agreement. If you opt out of the arbitration agreement, PM Now will likewise not be bound by these arbitration provisions. All other terms of these Terms will continue to apply. Opting out of the arbitration agreement has no effect on any previous, other, or future arbitration agreements that you may have with us. PM Now users who accepted a previous version of these Terms that included an arbitration agreement, and who did not timely opt out of that arbitration agreement, remain bound by the last arbitration agreement that they accepted. Upon receipt of a valid Opt-Out Notice, PM Now will provide the opting out user with a copy of the arbitration agreement from the last version of the Terms that the user accepted, if any exists.

  9. Enforceability. If Section 23(f) is found to be unenforceable or if the entirety of this Section 23 is found to be unenforceable, then the entirety of this Section 23 (except this Section 23(i)) will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 23 will govern any action arising out of or related to these Terms.

  10. Claims. To the fullest extent permitted under applicable law, no action arising out of, in connection with, or relating to these Terms shall be brought by you more than one (1) year after the accrual of the cause of action. This period shall not be extended for any reason, except by the written consent of both parties. All statutes or provisions of law which would toll or otherwise affect the running of the period of limitation are hereby waived, and no such statute or provision of law shall operate to extend the period limited in this paragraph, to the fullest extent permitted under applicable law.

  11. Consent to Electronic Communications. By using the Platform, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. By providing your mobile number to us, you consent to receiving text messages at that number for account verification, notifications, and other purposes related to the Platform. In addition to any fees PM Now may charge for use of text or multimedia messaging with the Platform, your carrier may charge standard messaging, data, and other fees, and you are responsible for those charges. We may send and receive text messages through cellular telephone operators or other networks, and the level of reliability may vary. We are not responsible for the timeliness or final delivery of text messages, as that is outside our control and is the responsibility of the cellular telephone operator or other networks. Notwithstanding the foregoing, we will use your mobile number in accordance with our Privacy Policy.

  12. Export.  You may not use the Platform if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Platform. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.

  13. Notice Regarding Apple. This sub-section only applies to the extent you are using our mobile application(s) on an iOS device in connection with the Platform. You acknowledge that these Terms are between you and us only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Platform or the content thereon. Your right to use the Platform in application form on an iOS device is limited to a non-transferable license to use the application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Platform Terms and Conditions. Apple has no obligation whatsoever to furnish any maintenance and support service with respect to the Platform. In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Platform. Apple is not responsible for addressing any claims by you or any third party relating to the Platform or your possession and/or use of the Platform, including: (a) product liability claims; (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation. All such responsibility is allocated between the Company and you under these Terms.  Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Platform and/or your possession and use of the Platform infringe third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Platform. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Use, and upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary of these Terms of Use. You agree that Apple is not responsible for any maintenance and support service in connection with the Platform. You hereby represent and warrant that (x) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (y) you are not listed on any U.S. Government list of prohibited or restricted parties.

 

28. Notice Regarding Google. This sub-section only applies to the extent you are using our mobile application(s) on an Android device in connection with the Platform. You acknowledge that these Terms of Use are between you and the Company only, not with Alphabet Inc. (“Google”), and Google is not responsible for the Platform or the content thereon. You agree that Google is not responsible for any maintenance or support services in connection with the Platform.

  1. Contact Information. The Platform is offered by PM Now. You may contact us by emailing us at Support@PMNowapp.com, or writing to us at 1808 Over Lake Dr., SE Suite 2 Conyers, GA 30013.

 

Effective Date: 10/2022

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