Terms of Service
July 1, 2021
PAMEE and its affiliates provide services and use of the website PAMEE.com and mobile applications to you subject to the following terms of service.
PLEASE READ THE ENTIRE TERMS OF SERVICE CAREFULLY BEFORE YOU USE ANY PART OF PAMEE. IF YOU DO NOT AGREE TO ALL THE TERMS OF SERVICE, YOU MAY NOT USE PAMEE OR ANY FEATURES OR SERVICES. BY CONTINUING, YOU ARE DEEMED TO HAVE ACCEPTED THESE TERMS OF SERVICE IN THEIR ENTIRETY.
YOU MUST BE AT LEAST 18 YEARS OLD TO USE PAMEE OR ANY FEATURES OR SERVICES.
“Authorized Users” are:
- For Single User – the account holder is the only person authorized to use the subscription
- For Enterprise – in addition to one designated administrator, any persons affiliated with Licensee who is authorized by the designated administrator to access PAMEE through the Enterprise subscription.
“Effective Date” is the date of completion by You of the online registration process to license PAMEE content.
“Licensed Materials” is the applicable PAMEE Service through its related Site for which You have subscribed.
“Service” is certain content and the functions, facilities, and services related thereto delivered through a subscription service within proprietary websites operated and maintained by PAMEE.
“Site” or “Website” or “Platform” is one or more websites owned by PAMEE for which this Terms of Service applies.
“We,” “Our,” “Us,” “PAMEE,” or “the Licensor” refers to PAMEE, LLC, PAMEE.com, PAMEE user portal and mobile application(s) and its affiliates.
“Subscriber,” “Licensee,” and “You” refer to the individual, company, organization or other legal entity on whose behalf this Agreement is accepted.
“User” means an Authorized User.
Online account information and certain other information about you are subject to our Privacy Statement. For more information, please see our full Privacy Statement.
This Terms of Service Agreement (“Agreement”) sets forth our usage guidelines and standards of use of PAMEE. By using PAMEE you (as a “User”) agree to these terms of service. A “User” is defined as any registered user (all visitors have the ability to browse PAMEE, including through a mobile device). The PAMEE user portal is restricted to Users who have obtained an ID and password by completing a registration process. Please be sure to protect and maintain the confidentiality of your ID, password, and other identifying information. You agree to notify PAMEE immediately if you believe your ID, password or other identifying information has been lost, stolen or otherwise compromised.
If you wish to make use of PAMEE and its features or services, you must agree to the terms in this Agreement and indicate your acceptance of the same by acceptance during the registration process. We reserve the right, at any time, to modify, alter, or update the terms of service of this Agreement. If we make any material changes, we will notify you by email (sent to the e-mail address specified in your user profile). We encourage you to periodically review this page for the latest information on our terms and to review our most current terms.
Modifications shall become effective immediately upon being posted at PAMEE. Your continued use of PAMEE after amendments are posted constitutes acknowledgement and acceptance of the modified terms. Except as provided in this paragraph, this Agreement may not be amended.
PAMEE may refuse to offer or continue offering services to any person or entity for any reason or no reason and may change its eligibility criteria from time to time.
1.0 Description of Service – Limited Use License Agreement
Whether planning for, collaborating around, or recovering from a crisis or disaster, PAMEE’s community is here to help. We believe the strength of humanity lies in our ability to learn from each other and share critical knowledge to help others in need. Our platform provides access to answers from a robust expert community, and we provide a professional channel for those who are seeking to share their own critical understandings and learnings. No matter the disaster, event, or crisis, PAMEE is your single space for emergency preparedness.
By using PAMEE you are licensed to use the Content only for the purpose of viewing content, creating plans, and contributing content on this site. The downloading of the whole or significant portions of any content or database is strictly prohibited. Resale of any Content or database or portion thereof, is also prohibited. Violation of this Agreement may result in legal action being taken against you.
2.0 Registration Process
To become a registered User, the User must complete the registration process by providing PAMEE with current, complete and accurate information, as more specifically required by the registration procedures. By way of illustration and not limitation: to register, a prospective User may be required to specify a username and password, and to provide a name, address, zip code, legitimate electronic mail address and certain additional information (for example, organization name and role).
Each User shall maintain and update their registration profile data to ensure that it is always current, complete, and accurate. At its sole discretion, PAMEE may refuse to accept any User’s registration for any reason.
Upon acceptance, PAMEE will provide access credentials to the registered User. Each User will be solely liable for any and all activities under User’s account. Multiple User accounts are prohibited. Any individual User may only register for and maintain one (1) account.
3.0 Licensor Performance Obligations
- Availability of Licensed Materials. Upon successful completion of the registration process by Licensor, Licensor shall make the Licensed Materials available to Licensee. For all accounts, access should generally be available on the Effective Date.
- Help Files. Licensor will provide and maintain help files and other appropriate user documentation.
- Quality of Service.
PAMEE is hosted in an ISO27001 certified Microsoft Azure environment. Our monthly service availbility (‘’Availability’) is guaranteed at 99.9% for the entire term of your subscription.
Availability is calculated using the following formula:
(Total minutes per calendar month – Downtime minutes per calendar month)/ Total minutes per calendar month x 100%.
- Service Downtime (“Downtime”) is the total unplanned outage of the Service calculated in minutes during a calendar month. The measurement of Downtime commences when an Incident is identified by Customer to PAMEE. Downtime ends when the fault is cleared by PAMEE. Downtime shall not include; (i) any period of Scheduled Maintenance; (iii) a Failure or Fault not attributable to the Service, including but not limited to Faults attributable to the Customer’s Equipment, including hardware, software or network;
- Licensor shall use reasonable efforts to minimize down-time and periodic unavailability due to maintenance of the server(s), the installation or testing of software, the loading of additional Licensed Materials as they become available. Licensor shall have no obligation in relation to downtime related to the failure of equipment or services outside the control of Licensor, including but not limited to public or private telecommunications services or internet nodes or facilities. Licensor shall use reasonable efforts to schedule planned down-time to be performed at a time to minimize inconvenience to both parties. Licensor shall use reasonable efforts to notify Licensee (which may include notice posted on Licensor's website) of all instances of system unavailability that occur outside the Licensor's normal maintenance window as soon as reasonably practicable after Licensor learns of such system unavailability and use reasonable efforts (which may include notice posted on Licensor's website) to provide advance notice of known hardware or software changes that may affect system performance, where the same materially affects the availability of the Licensed Materials. Further, Licensor shall notify Licensee as soon as reasonably possible (which may include notice posted on Licensor's website) when the URLs and server domain names that affect Licensee's access are modified.
- If the Licensed Materials fail to operate in material conformance with the terms of this Agreement, Licensee shall immediately notify Licensor, and Licensor shall use reasonable efforts to restore access to the Licensed Materials as soon as reasonably practicable. In the event that Licensor fails to repair the nonconformity in a reasonable time, Licensor shall compensate Licensee in an amount that the nonconformity is proportional to the total Licensed Materials and the total Fees paid by Licensee under this Agreement.
- Modifications of Licensed Materials. Licensee understands that from time to time the Licensed Materials will be added to, updated, modified and deleted from (e.g., to keep current information, certain expired data will be routinely deleted) by Licensor and/or that portions of the Licensed Materials may migrate to other formats.
- Notice of "Click-Through" License Terms or Other Means of Passive Assent. In the event Licensor requires Authorized Users to agree to terms relating to the use of the Licensed Materials before Licensee permits Authorized Users to gain access to the Licensed Materials (commonly referred to as "click-through" licenses), or otherwise attempts to impose such terms on Authorized Users through the use or viewing of the Authorized Materials, Licensor shall provide Licensee with notice of and an opportunity to comment on such terms. In no event shall such terms materially differ from the provisions of this Agreement. In the event of any conflict between such terms and this Agreement, the terms of this Agreement shall prevail.
- Withdrawal of Licensed Materials. In addition to Licensor's right to modify the Licensed Materials as stated above, Licensor reserves the right to withdraw from the Licensed Materials any item (or part of an item) for which it no longer retains the right to publish, or which it has reasonable grounds to believe: (i) infringes copyright or any other third party right; is defamatory, obscene, unlawful or otherwise objectionable; or, (ii) may cause harm to Licensor, Licensor's assets or any of Licensor's website users. Licensor shall use reasonable efforts to notify the Licensee of such withdrawal (which may include notice posted on Licensor's website). If any such withdrawal renders the Licensed Materials substantially and materially less useful to Licensee or its Authorized Users, Licensee shall promptly notify Licensor of the same and Licensor shall reimburse Licensee a portion of the total Fees owed by Licensee hereunder in an amount reflecting the withdrawn portion as a proportion of the Licensed Materials.
- Usage Data. Only upon specific request by the account administrator, Licensor shall make available to Licensee statistics regarding the usage of the Licensed Materials by Licensee and/or its Authorized Users. Except as otherwise required under applicable laws, regulations or court rulings: (i) Licensor agrees to maintain the confidentiality of any data relating to the usage of the Licensed Materials by Licensee and its Authorized Users; (ii) Such usage data may be used solely for purposes directly related to the Licensed Materials and may only be provided to third parties in aggregate form; and (iii) Raw usage data, including but not limited to information relating to the identity of specific Authorized Users and/or uses, shall not be provided to any third party.
9. Licensee Performance Obligations
- Protection from Unauthorized Use. Reasonable procedures should be implemented to restrict access to the Licensed Materials to only Authorized Users.
- Notice of Unauthorized Use. If Licensee reasonably suspects or believes that unauthorized use of the Licensed Materials has occurred or is occurring by an Authorized User or by any person or entity using any access codes issued to or by Licensee under this TOS, Licensee shall promptly notify Licensor of such suspected or actual unauthorized use of the Licensed Materials. Notwithstanding such notice to Licensor, Licensee and the Authorized User will remain responsible for any unauthorized use of the Licensed Materials.
- Obligation of Authorized Users. All Authorized Users shall be subject to and shall be responsible for the full compliance with the TOS.
4.0 Proprietary Rights to Content
You acknowledge and agree that PAMEE contains information, data, software, photographs, graphics, text, images, logos, icons, typefaces, audio and video material, and/or other material (collectively referred to as “Content”) protected by copyright, trademark, patents, service marks, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed.
All Content displayed on PAMEE and all software, data and information used to create PAMEE and the Content, including text and images, method of display and presentation, source code, object code, embedded routines and programs and other materials, as well as all copyrights, trademarks, service marks, patents and other intellectual property rights, or proprietary rights therein or thereto, are owned by PAMEE, its affiliates, suppliers or licensors, and are protected under U.S. and international copyright, trademark and other applicable laws and treaties including international trade and export laws. All rights not expressly granted to you by us in this Agreement are reserved to PAMEE and you acknowledge and agree that you do not acquire any ownership rights by accessing or downloading copyrighted material or Content from PAMEE as authorized hereunder.
5.0 Use of Content and Services
A key component of PAMEE is the sharing of information by and among its subscribers. By using PAMEE, you agree not to generate any content, post, submit or transmit through PAMEE any material that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, misleading, or otherwise objectionable, that encourages conduct that would constitute a criminal offense, give rise to civil liability, damages or otherwise violate any law, treaty, copyright, trademark, or that, without our express prior approval, contains advertising or any solicitation with respect to commercialized products or services.
The sender of any communications to PAMEE shall be solely responsible for the content and information contained therein, including its truthfulness and accuracy. By posting content, you represent and warrant that you either own or otherwise control all rights necessary for you to provide post, upload or submit that content. Without limiting the foregoing, you shall be liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any content or other material submitted by you to PAMEE and agree that you will indemnify and hold PAMEE harmless from and against any claims, damages or losses related to such content or other material.
We reserve the right to deny access to anyone who violates these Terms of Service or who, in our judgment, interferes with the ability of others to enjoy PAMEE or infringes in anyway the rights of others. We will comply with the requirements of the law regarding disclosure of any content to others, including law enforcement agencies and court orders.
By submitting communications, materials or content to PAMEE, you grant PAMEE, its affiliates and licensees the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, aggregate, translate, publicly display, publicly perform and distribute such material and content (in whole or in part) alone or as incorporated into other works in any form, media, advertising or technology now known or hereafter on a worldwide basis. By posting or disclosing any information, you hereby waive any claim that PAMEE misappropriated any such content or materials.
PAMEE may provide e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
- Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose unless such Communication Services specifically allows such messages.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
PAMEE reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. PAMEE also reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Your use of the Content and Services is further limited as follows:
- Use of the Licensed Materials is limited to persons authorized by your Subscriber License Agreement.
- Licensee shall not knowingly encourage, permit or allow anyone other than Authorized Users to use the Licensed Materials.
- Licensee shall not, and shall reasonably ensure that Authorized Users shall not, modify or create a derivative work of the Licensed Materials without the prior written permission of Licensor. Further, Licensee shall not disassemble, decode, decompile, or otherwise reverse engineer the Platform, including, without limitation, any interfaces or software programs comprising the Platform;
- Licensee may NOT use any data mining, robots or similar data gathering and extraction methods with respect to the Platform or any portion thereof.
- Licensee may not and shall reasonably ensure that the Authorized Users shall not, remove, obscure or modify any copyright or other notices included in the Licensed Materials. Any stored hard copy or digital copy remains the property of PAMEE and must retain PAMEE's copyright information.
- Subscriber shall not, and shall reasonably ensure that Authorized Users shall not, sell, distribute, loan, lease, bulk reproduce or commercially exploit the database(s), any search output therefrom, or any additional PAMEE content included in the Service, or create any derivative work using the database(s) or any additional PAMEE content included in the service.
- Subscriber shall not transfer, assign, or sublicense this Agreement or its rights hereunder without the prior written permission of PAMEE.
- Printing or downloading of any search output may not exceed a significant segment (as determined at the sole discretion of the PAMEE) of the database(s), or of additional PAMEE content.
- Scraping or other technological means of wholesale or material downloading or storing of the database(s) or of additional PAMEE content is STRICTLY PROHIBITED. PLEASE NOTE that excessive downloading (as determined at the sole discretion of PAMEE) justifies PAMEE to immediately suspend or terminate access to a Subscriber subscription without further liability to PAMEE or recourse by the Subscriber.
- The license rights are limited to the Subscriber and authorized Additional Licensees alone and do not extend to any subsidiary, parent, related or affiliated organizations, OR TO ANY THIRD PARTY, except that where the Subscriber is a library or other public institution, Subscriber's rights to use the Service and the database(s) and additional PAMEE content are extended to the patrons of those institutions as well, so long as such use is in accordance with the terms of this Agreement.
- Except as otherwise expressly permitted by these Terms of Service, or as permitted under copyright law, no posting, copying, downloading, uploading, transmission, retransmission, distribution, redistribution, publication, republication, decompilation, disassembling, reverse engineering, or otherwise modifying or commercially exploiting of any Proprietary Material is permitted without the express permission of the copyright owner. In the event of any copying, redistribution, or publication of copyrighted material as permitted by law, no changes in or deletion of author attribution, trademark, legend, or copyright notice shall be made.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
THE LICENSED MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY, CONDITIONS OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, ORAL OR WRITTEN, INCLUDING BUT NOT LIMITED TO ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR MATERIAL PROVIDED BY OR THROUGH THE LICENSED MATERIALS, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CURRENCY, CORRECTNESS, OR VALIDITY OF ANY INFORMATION OR MATERIAL PROVIDED BY OR THROUGH THE SERVICE RESTS WITH THE SUBSCRIBERPAMEE SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF PAMEE. IN ADDITION, PAMEE DOES NOT WARRANT OR REPRESENT THE FOLLOWING: (1) PAMEE WILL MEET YOUR REQUIRMENTS, (2) PAMEE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF PAMEE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION, OR OTHER MATERIALS OBTAINED BY YOU THROUGH PAMEE WILL MEET YOUR EXPECTATIONS, (5) THE SERVERS THAT MAKE PAMEE AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (6) ANY ERRORS IN THE PAMEE DATABASE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH PAMEE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED, INCLUDING BUT NOT LIMITED TO, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU (AND NOT US OR ANY OF PAMEE’S AFFILIATED COMPANIES OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR VENDORS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION FOR ANY SUCH DAMAGE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PAMEE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
THE MATERIAL AVAILABLE THROUGH PAMEE IS FOR INFORMATIONAL PURPOSES ONLY. BEFORE YOU ACT ON ANY INFORMATION YOU’VE FOUND ON PAMEE, YOU SHOULD INDEPENDENTLY CONFIRM ANY FACTS THAT ARE IMPORTANT TO YOUR DECISION. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH PAMEE, YOU EXPRESSLY AGREE THAT YOU DO SO AT YOUR OWN RISK.
PAMEE DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND IMPLIED WARRANTY OF NON-INFRINGEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE, THE ABOVE-REFERENCED EXCLUSION MAY NOT APPLY TO YOU.
7.0 Limitations On Liabilities And Remedies
- PAMEE IS NOT AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SERVICE. THIS DISCLAIMER OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
- In no event shall PAMEE be liable for any direct, indirect, special, incidental, punitive, exemplary, or consequential damages, including lost profits, arising out of the use or performance of the Service, even if PAMEE has been advised of the possibility of such damages.
- In the event that a limitation on liability or remedy contained herein shall be adjudged invalid by a court of competent jurisdiction, all other limitations on liability or remedies shall remain valid, and in no event shall PAMEE's damages under any legal theory exceed the total fees paid by Subscriber under the license granted herein during the twelve months immediately preceding the date on which the cause of action arose.
- Notwithstanding anything else in this Agreement, neither party shall be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption, or loss of profits, arising out of the use of or the inability to use the Licensed Materials.
- Licensor makes no representation or warranty, and expressly disclaims any liability with respect to the content of any Licensed Materials, including but not limited to errors or omissions contained therein, libel, infringement of rights of publicity, privacy, trademark rights, moral rights, or the disclosure of confidential information.
- Licensor does not warrant that the functions of the Licensed Materials will meet Licensee's or Authorized User's requirements or that the operation of the Licensed Materials will be uninterrupted or error free. Licensor makes no representations or warranties, and specifically disclaims any responsibility whatsoever, regarding any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb or other such computer program through use of the Licensed Materials. Licensor further expressly disclaims any warranty or representation to Authorized Users, or to any third party.
- Licensor has no control over the content of third-party websites or documents that may be accessed from hypertext links within the Licensed Materials ("Linked Sites"), and hereby disclaims any responsibility for the content, services or data collection and use practices of any Linked Site. Linked Sites are provided solely for the convenience of Licensee and Authorized Users, and access is provided at your own risk.
- In the event that any of the limitations on liability or remedies contained herein shall be adjudged invalid by a court of competent jurisdiction, in no event shall Licensee's damages under any legal theory exceed the total Fees paid by Licensee under this Agreement during the twelve months immediately preceding the date on which the cause of action arose.
8.0 Waiver of Jury Trial
PAMEE ALONG WITH ANY USER HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
You agree to indemnify, defend, and hold harmless PAMEE and its directors, employees, licensors, independent contractors, providers, subsidiaries and affiliates (collectively, the "Affiliates") from and against any and all liability and costs (including attorneys' fees and costs) incurred by PAMEE and/or the Affiliates in connection with any claim arising out of any breach by you of any provision of this Agreement.
You agree to cooperate as fully as reasonably required in the defense of any such claims. PAMEE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any claim without the written consent of PAMEE.
10.0 Force Majeure
Neither Party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections, pandemics and/or any other cause beyond the reasonable control of the Party whose performance is affected.
11.0 Changing Accounts And Information
- Any changes to your account referenced in this TOS, such as contact information, credit card, Username/Password or IP information, must be reported immediately to PAMEE's Customer Service Department, using the e-mail address or telephone numbers you provided during the PAMEE registration process. For fastest service, you may use the Account area if you are the Subscriber of a Single License Plan or a Multiple License Plan, accessible to Subscribers to the Service after logging in, to update your contact information automatically online, or to change your Password.
- Subscriber Information
- For purposes of identification, billing, and marketing, Subscriber agrees to provide PAMEE with accurate, complete, and updated information required at the time of registration as a Subscriber ("Registration Data"), including your legal name, address, telephone number(s), e-mail address, and applicable payment data (e.g., credit card number and expiration date for Subscribers paying by credit card), and other information. PAMEE reserves the right to verify the accuracy of this information. You agree to promptly notify PAMEE of any change in your Registration Data. See Section 19 below for details on notifying PAMEE of these changes. Failure to comply with this provision may result in immediate suspension or termination of your license to use the Service.
- PAMEE reserves the right to reveal any Registration Data or other information in its possession regarding Subscribers and Additional Licensees in cooperation with a request or investigation by any governmental body or governmental agency, or as otherwise required by law.
All notices given pursuant to this Agreement shall be sent via email to the respective Party as provided for below. It is the responsibility of the Licensee to ensure their E-mail and other contact details are current during the current term of their subscription.
If to PAMEE: E-mail: customersupport@PAMEE.com.
If to Licensee: E-mail sent to the relevant email submitted on the registration form
13.0 COPPA Notice
CHILDREN ONLINE PRIVACY PROTECTION ACT (“COPPA”) NOTIFICATION
***Special Note for Parents or Guardians of Children
PAMEE was not designed for anyone under the age of 18. We are not responsible for any access or use of PAMEE by children or minors under the age of 18. PAMEE does not sell products designated for purchase by children anyone under the age of 18 nor is it designed for their use or entertainment.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying providers of such protections are available to you online.
Please see our COPPA Information provided in our Privacy Statement for more information regarding use of PAMEE by anyone under the age of 18.
14.0 Technology Export Control
Through the Bureau of Industry and Security and its use of the Export Administration Regulations, the United States government has implemented export control laws that regulate the export and re-export of technology originating from within the United States. This technology includes the electronic transmission of information or software. The export control laws regulate the exporting or re-exporting of this technology to foreign countries and to certain foreign nationals. You agree to abide by these laws and regulations, including but not limited to, the Export Administration Act, U.S. Foreign Corrupt Practices Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the website to either a foreign national or foreign destination in violation of such laws.
15.0 User Account Obligations
All registered Users of PAMEE shall provide a password and receive an account with PAMEE. Users are entirely responsible for any and all activities which occur under their account whether authorized or not authorized.
You, in registering, specifically consent to the storage and processing of your personal information. In consideration of your use of PAMEE, you agree to:
- Provide true, accurate, current and complete information about yourself or your company as requested; and
- Maintain and promptly update your information to keep it true, accurate, current and complete.
Should you provide any information about yourself or your company that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete; we have the right to suspend or terminate your account without providing a refund of subscription fees paid.
Furthermore, you understand that you may not:
- Select or use a name of another person with the intent to impersonate that person; or
- Use the rights of any person other than yourself without authorization; or
- Use a name that we, in our sole discretion, deem inappropriate; or
- Open an PAMEE account if You are under the age of 18.
16.0 Legal Compliance
PAMEE reserves the right to use any information available by virtue of your use of PAMEE (including, for example, reverse IP address inquiry) in order to comply with any law, to enforce our Terms of Service of Use Agreement or Privacy Statement, or to protect the rights, property or safety of all visitors and Users to our customers, the public or PAMEE and its affiliates or licensees. We reserve the right without obligation to review the content of PAMEE, and other information posted to PAMEE to determine compliance with our Terms of Service of Use Agreement and operating rules established by Us or our affiliates, and to satisfy any law, regulation or authorized government request. We have the right to delete, move, refuse to post, or edit any messages, videos, listings or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.
17.0 Modifications and Interruption to Service
PAMEE reserves the right to modify or discontinue any services with or without notice. PAMEE shall not be liable to a User or any third party should PAMEE exercise its right to modify or discontinue any service. Each User acknowledges and accepts that PAMEE does not guarantee continuous, uninterrupted or secure access to PAMEE and operation of PAMEE may be interfered with or adversely affected by numerous factors or circumstances outside of our operation or control.
18.0 Service Disclaimer Information
PAMEE disclaims liability for any products, sales or transactions related to third parties or affiliates and obtained through any posting, listing or link via PAMEE.
Users agree to indemnify, hold harmless, and defend PAMEE AND ITS STAFF, AGENTS AND OFFICERS (hereinafter referred to as “PAMEE Parties”) from any and all fault, liabilities, costs, expenses, claims, and demands or lawsuits arising out of, related to or connected with this Agreement or the services offered by PAMEE hereunder.
19.0 Third-Party Links
PAMEE may include links to online merchants, vendors, suppliers, manufacturers, material men, contractors, subcontractors, service providers and/or other third parties (collectively referred to as “Vendor(s)”). Any such links to Vendors are provided for your convenience only, and such links do not imply endorsement by PAMEE of such Vendors or the content contained therein. You acknowledge that we are not responsible for the availability of, or the content located on or through, any Vendors. You should contact those Vendors if you have any concerns regarding such links or the content. Your use of Vendors is subject to the Terms of Service of use and privacy policies of each Vendor. We encourage all Users to review said policies of all Vendors.
PAMEE disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity concerning Vendors and their offerings, and you agree that any recourse for dissatisfaction or problems with Vendors must be directed to the Vendors and not PAMEE as you agree to waive any claim you may have against us with respect to any Vendors claim.
20.0 Governing Jurisdiction
This Agreement will be governed by and construed in accordance with the laws of the United States of America, without regard to any principals of conflicts of law. Any and all services and rights of use hereunder are considered performed in the State of Ohio, United States and You agree that any action at law or in equity that arises out of or relates to PAMEE or these Terms of Service of Use will be filed only in the state or federal courts located in Cuyahoga County, Ohio and the Federal Northern District of Ohio, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
21.0 Compliance with Laws and International Use
You assume all knowledge of applicable laws and are responsible for compliance with any such laws. You may not use PAMEE in any way that violates applicable state, federal, or international laws, regulations or other government requirements.
Furthermore, we make no representation that materials or services on PAMEE are appropriate or available for use in locations outside the United States and accessing them from territories where their content is illegal or prohibited. Those who choose to access PAMEE from other locations outside of the United States do so on their own initiative and at their own risk and are responsible for compliance with those local laws and regulations. Please see actual regulations for more information.
PAMEE does not actively target or market to any EU member state and does not, to its knowledge, process or control any EU citizen personally identifiable information: Despite this fact this Agreement in conjunction with our Privacy Statement and its enumerated policies are intended to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the “General Data Protection Regulation” or “GDPR”) and provide appropriate protection and care with respect to the treatment of all of our User information in accordance with the GDPR.
22.0 Copyright, Trademark and Service Mark Information
All Content included or available on PAMEE, including design elements, text, graphics, interfaces, and the selection and arrangements thereof is the property of PAMEE, LLC, with all rights reserved, or is the property of third parties protected by intellectual property rights. Any use of materials on PAMEE, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of PAMEE, LLC is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy PAMEE or any content.
PAMEE™ is a proprietary mark of PAMEE, LLC, whose trademarks may not be used in connection with any product or service that is not provided by PAMEE, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits PAMEE.
All other trademarks displayed on PAMEE’s website are the trademarks of their respective owners and may only be used with the permission of the particular owner. Other trademarks constitute neither an endorsement nor a recommendation of any Vendors. In addition, such use of trademarks or links to Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with PAMEE.
23.0 Notification of Claimed Copyright Infringement
We respect the intellectual property of others and we ask our Users to do the same. If you believe that your work has been copied and is accessible on PAMEE in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:
- A description of the copyrighted work that you claim has been infringed;
- Identification of the URL or other specific location on PAMEE where the material you claim is infringing is located;
- Your name, address, telephone number, email address, and statement that you are an authorized person to act on behalf of the owner of the copyright;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An affidavit submitted by you, sworn to and made under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are an authorized agent to act on behalf of the copyright owner.
Pursuant to Section 512(c) of the Copyright Revision Act, as amended by the Digital Millennium Copyright Act, PAMEE designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
Attention: Copyright Notice Dept.
18500 Lake Road
Rocky River, OH 44116
By Email: legal@Pamee.com
PAMEE retains the right, at our sole discretion, to terminate any User involved with botnets and related activities. If any hostnames are used as command and control points for botnets, PAMEE reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
Use of PAMEE by you for spamming is strictly prohibited.
26.0 Apple Terms
In the event that User obtains any application (“App”) through the Apple App Store, offered by Apple, Inc. (“Apple”), the following shall apply:
- Both User and PAMEE acknowledge that the agreements in the terms of service are concluded between User and PAMEE only, and not with Apple, and that Apple is not responsible for the App;
- User will only use the App in connection with an Apple device that User owns or controls;
- User acknowledges and agrees that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
- In the event of any failure of the App to conform to any applicable warranty, including those implied by law, User may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to User will be to refund to User the purchase price, if any, paid for the App;
- User acknowledges and agrees that PAMEE, and not Apple, is responsible for addressing any claims User or any third party may have in relation to the App;
- User acknowledges and agrees that, in the event of any third party claim that the App or User’s possession and use of the App infringes that third party’s intellectual property rights, PAMEE, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- User represents and warrants that User is not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that User is not listed on any U.S. Government list of prohibited or restricted parties;
- Both User and PAMEE acknowledge and agree that, in using the App, User will comply with any applicable third-party terms of agreement which may affect or be affected by such use;
- Both User and PAMEE acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that upon User’s acceptance of the terms of service, Apple will have the right (and will be deemed to have accepted the right) to enforce the terms of service against User as the third party beneficiary hereof; and
- In the event User uses the App to provide User with real-time route or location guidance, USER’S USE OF THIS REAL TIME ROUTE GUIDANCE IS AT USER’S SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.
27.0 Miscellaneous Terms
These Terms of Service constitute the entire agreement and understanding between you and us, superseding any prior agreements and understandings, and govern your use of PAMEE. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to enforce or exercise any right or provision of these Terms of Service of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Service of Use shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and in full force and effect. You agree that these Terms of Service of Use and any other agreements referenced herein, may be assigned by PAMEE, in our sole discretion, to a third party in the event of a merger or acquisition. The section titles and headings in these Terms of Service of Use are for convenience only and have no legal or contractual effect.
The Parties agree that neither may bring a claim or assert a cause of action against the other, in any forum or manner, more than one (1) year after the cause of action accrued, except where the party could not have reasonably discovered the wrong giving rise to the claim within the basic facts supporting the claim within one (1) year.
If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Waiver of any provision herein shall not be deemed a waiver of any other provision herein, nor shall waiver of any breach of this Agreement be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
Failure by PAMEE to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Service of Use.
Any rights not expressly granted herein are reserved by and for us.
Your communications with PAMEE may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.
By submitting information to PAMEE through PAMEE or otherwise you are making an inquiry as to services offered by PAMEE and give PAMEE permission to contact you through Email, fax, telephone, mobile phone, or any means, even if your phone number or mobile number is on a “Do Not Call” list.
Certain sections or pages on PAMEE may contain separate terms and conditions, which are in addition to these Terms of Service of Use. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
PAMEE will use commercially reasonable efforts to promptly respond and resolve any problem or question.
© Copyright 2021, PAMEE, LLC. All Rights Reserved.