1. ACCEPTANCE OF TERMS AND CONDITIONS

These terms and conditions (these “Terms and Conditions”) are a legally binding agreement between you (whether an individual or an entity) and PMAM Corporation (“PMAM”) governing your use of the PMAM CRM software, any services or materials provided through the PMAM CRM software, and the website through which you access the PMAM CRM software (collectively, “PMAM CRM”). By using PMAM CRM, you acknowledge that you have read these Terms and Conditions and agree be bound by these Terms and Conditions.

You may not use PMAM CRM if (i‎) ‎ ‎you are less than eighteen (18) years of age, or (ii) you are otherwise incapable of entering into a legally enforceable agreement.

PMAM may change these Terms and Conditions from time to time in its sole discretion and without notice. If PMAM changes these Terms and Conditions, PMAM will post the revised Terms and Conditions on the PMAM CRM website. Your continued use of PMAM CRM shall constitute your acceptance of the revised Terms and Conditions. Any features or functionality added to PMAM CRM from time to time shall be governed by these Terms and Conditions, as may be revised from time to time.

2. LICENSE

PMAM grants you a revocable, non-transferrable, non-exclusive license to use PMAM CRM according to these Terms and Conditions. PMAM CRM is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The rights granted herein are limited to PMAM’s and its licensors’ intellectual property rights in PMAM CRM and do not include any other patents or intellectual property rights.

PMAM is the owner of all right title and interest to PMAM CRM. By using PMAM CRM and accepting these Terms and Conditions, you do not acquire any ownership rights to PMAM CRM.

The license granted to you in these Terms and Conditions is effective until terminated. Your rights under these Terms and Conditions will terminate automatically without notice from PMAM if you fail to comply with any provision herein. In such event, no notice is required by PMAM to effect such termination. Upon the termination of the license, you shall cease all use of PMAM CRM and destroy all copies of PMAM CRM and any electronic or printed material related to PMAM CRM. You may retain copies of your Content, but all access to your Content on PMAM CRM shall cease.

3. DESCRIPTION OF SERVICE

You hereby agree that PMAM CRM may include paid advertisements and communications from PMAM.

You are responsible for obtaining access to PMAM CRM and that access may involve third party fees (such as internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access PMAM CRM.

4. YOUR ACCOUNT INFORMATION

In consideration for your use of PMAM CRM, you will provide PMAM with certain information (“Account Information”) necessary to create a PMAM CRM account (an “Account”) for you. You agree that you will keep your Account Information complete, accurate and up-to-date. It is your responsibility to keep your Account Information confidential at all times, and you are solely responsible for all activity that occurs on your Account. If you become aware of any unauthorized use of your Account or your Account Information, or any other breach of security regarding your use of PMAM CRM, you must notify PMAM immediately. You may not use another person’s Account or Account Information. PMAM may require that you change your Account Information or certain parts of your Account Information at any time for any reason.

If you provide any Account Information that is untrue, inaccurate, not current or incomplete, or if PMAM has reasonable grounds to suspect that such Account Information is untrue, inaccurate, not current or incomplete, PMAM may, in its sole discretion and without notice, suspend or terminate your Account and refuse to allow you to use PMAM CRM in the future.

5. RESTRICTIONS ON USE

You are solely responsible for all information and data that you provide or otherwise submit to PMAM CRM (your “Content”) and for the means by which you acquired your Content. You shall not use PMAM CRM to store, transmit, or implement any virus, worm, time bomb, Trojan horse, or other harmful or malicious code, file, script, agent, or program.

PMAM claims no ownership in your Content. PMAM is not responsible or liable for (i) the deletion or accuracy of any information or data, including your Content, (ii) the failure to store, transmit or receive transmission of your Content, or (iii) the security, privacy, storage or transmission of other communications originating with or involving use of PMAM CRM. You understand that by using PMAM CRM, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstance is PMAM liable for any content, including, but not limited to, for any errors or omissions in your Content, or for any loss or damage of any kind incurred as a result of the use of your Content posted, emailed, transmitted or otherwise made available via PMAM CRM.

You agree that PMAM may create reasonable limits on your use of PMAM CRM, including your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying PMAM CRM and as otherwise determined by PMAM in its sole discretion.

You acknowledge that PMAM does not pre-screen content, but that PMAM shall have the right, but not the obligation, in its sole discretion to refuse or move any content that is available via PMAM CRM. Without limiting the foregoing, PMAM shall have the right to remove any content that violates these Terms and Conditions or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by PMAM or submitted to PMAM, including without limitation, information in PMAM CRM, message boards, file repositories, and in all other parts of PMAM CRM. PMAM shall not be liable for any loss or damage arising out of or relating to the use of or reliance on such content.

You understand that the technical processing and transmission of PMAM CRM, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

6. NO RESALE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of PMAM CRM, the use of PMAM CRM, or access to PMAM CRM.

7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

PMAM CRM can be accessed from countries around the world and may contain references to services and materials that are not available in your country. These references do not imply that PMAM currently does or in the future will provide such services or materials in your country.

PMAM CRM is controlled, operated and administered by PMAM from its offices in the United States. PMAM makes no representation that PMAM CRM or the services or materials provided through PMAM CRM appropriate or available for use at other locations outside of the United States. PMAM reserves the right to block access to PMAM CRM or its related materials by certain international users. You agree to comply with all applicable local laws, including but not limited to, laws relating to transmission of technical and personal data from the country in which you reside.

8. INDEMNITY

You agree to indemnify, defend and hold harmless PMAM and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors (the “Indemnitees”) from and against any and all liabilities, loss, damage, claims, demands, suits, fines, and expenses, including court costs and attorney fees, of any and every kind or character, known or unknown, fixed or contingent, asserted against or incurred by Indemnitees at any time and from time to time, by reason of or arising out of your Content, your use of PMAM CRM, the actions of your employees or agents, any claim that your Content caused damage to a third party, any dealings between you and any third parties advertising through PMAM CRM, your violation of these Terms and Conditions, or your violation of any rights of another, including any intellectual property rights.

9. DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE AND AGREE THAT PMAM IS PROVIDING YOU WITH THE USE OF PMAM CRM ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, PMAM MAKES NO WARRANTY THAT (I) PMAM CRM WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (II) THE RESULTS YOU OBTAIN FROM PMAM CRM WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF PMAM CRM WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN PMAM CRM WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM PMAM OR THROUGH OR FROM USE OF PMAM CRM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

PMAM DISCLAIMS ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING ANY PRODUCT OR SERVICE ADVERTISED THROUGH PMAM CRM. SUCH AN ADVERTISEMENT IS FOR YOUR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE AN ENDORSEMENT BY PMAM.

10. LIMITATION OF LIABILITY

To the maximum extent allowed by applicable law, in no event shall PMAM, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, whether or not foreseeable, including those damages resulting from business interruption, loss or contamination of your Content, loss of the use of PMAM CRM, loss of business profits, regardless of whether PMAM has been advised of the possibility of such damages, based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of PMAM CRM, the website through which you access PMAM CRM, or any services or material provided through PMAM CRM.

11. FEDERAL GOVERNMENT END USE

PMAM is providing PMAM CRM and the services and materials provided through PMAM CRM, including all related software and technology, for ultimate federal government end use solely in accordance with these Terms and Conditions. If a government agency has a need for rights not conveyed under these terms, it must negotiate with PMAM to determine if there are acceptable terms for transferring such rights, and a mutually acceptable written addendum specifically conveying such rights must be included in any applicable contract or agreement.

12. GOVERNING LAW AND JURISDICTION

These Terms and Conditions are governed by and construed in accordance with the laws of the State of Texas without giving effect to the conflict laws rules or choice of laws rules thereof. Venue for any action brought relating to these Terms and Conditions or your use of PMAM CRM shall be proper only in Dallas County, Texas.