Terms and Conditions
This Agreement sets forth the terms and conditions (collectively, the “Terms & Conditions” or the “Agreement”) established by Pharcomed Corp. (hereinafter “PMC”) that govern the User’s (hereinafter, “You” or “Yours”) access and use of the Tricovit website located at www.tricovithair.com (the “Platform”); any part thereof; anything associated therewith, including its content (“Content”); any products or services provided through the Platform or otherwise by PMC; and any affiliated website (collectively, the “Service”).
BY CLICKING “I AGREE,” CHECKING A RELATED BOX TO SIGNIFY YOUR ACCEPTANCE, USING ANY OTHER ACCEPTANCE PROTOCOL PRESENTED THROUGH THE SERVICE (AS DEFINED BELOW) OR OTHERWISE AFFIRMATIVELY ACCEPTING THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT CREATE AN ACCOUNT OR USE THE SERVICE. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO CLICKS ON THE “I AGREE” BUTTON OR OTHERWISE INDICATES ACCEPTANCE TO THESE TERMS AND CONDITIONS ON YOUR BEHALF.
NOTWITHSTANDING ANY TERMS OF THIS AGREEMENT, IN THE EVENT OF ANY MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.
Acceptance of Terms & Conditions
Your access to use of the Service is subject to this Agreement, as well as all applicable laws and regulations. If you do not accept and agree to be bound by this Agreement in its entirety, you are strictly prohibited from visiting, accessing, registering with, and/or using the Service or any information or Content provided through the Service, except as necessary to review this Agreement. The Service is continually under development, and PMC reserves the right to revise, implement, or remove any part of this Agreement or the Service at any time in its sole discretion without prior notice to you. Any changes made to this Agreement are effective upon posting to the Platform. Unless otherwise indicated, any new Content added to the Service is also subject to this Agreement upon posting to the Platform. If you disagree with this Agreement or any terms or conditions herein, your sole remedy is to discontinue your use of the Service.
Your continued use after a change to this Agreement has been posted constitutes your acceptance of this Agreement as modified by such changes.
For subscription-based products, your payment device will be automatically charged at regular intervals as described for that product during the checkout process. You may cancel your subscription at any time up to forty-eight (48) hours before the applicable monthly processing date of your subscription by directly cancelling on your account or emailing firstname.lastname@example.org.
Limited Use and Availability
The Service is only available to individuals who are located in the specific states in which PMC offers the Service, are at least eighteen (18) years of age or older, or who have reached the legal age of majority in their jurisdiction of residence, if higher than eighteen (18), and who have accepted this Agreement. By visiting, accessing, registering with, or using the Service, you are (a) representing and warranting to PMC that you satisfy all stated eligibility requirements; (b) agreeing to comply with all terms and conditions established in this Agreement including all applicable laws in visiting, accessing, registering with, or using the Service; and (c) agreeing that you will only use the Service for lawful purposes.
Duty to Provide Information, Access, and Connectivity
You are responsible for providing and maintaining, at your own risk, option, and expense, appropriate software and hardware capabilities (consistent with any technical, quality, or other requirements described in the Service) to enable the use of the Service, including but not limited to, a computer or mobile device with internet access. You are solely responsible for any fees, including internet connection or mobile fees, that you incur when accessing the Service. You also have the duty to provide truthful, accurate, and complete information in any forms or other communications you submit to or through the Service. PMC reserves the right to change the access configuration, including any software, hardware, or other requirements of the Service at any time without prior notice.
Registration, User Accounts, Passwords, and Security
When establishing an account, you will be required to provide a username and password that will be used as your personal login for your account. You agree to keep confidential your username and password and to exit from your User account at the end of each session. You may not use anyone else’s account at any time. You also agree to immediately notify PMC of any unauthorized use of your username, password, or any other breach of security that you become aware of involving or relating to the Service by promptly emailing PMC at email@example.com.
PMC takes steps to protect the User data collected against unauthorized access. However, the Service, in addition to PMC’s other services, are run on software, hardware, and networks, of which any component may, from time to time, require maintenance or experience problems or breaches of security beyond PMC’s control. In addition, persons with access to your computer, phone, or other mobile devices may be able to access the Service and information about you contained in the Service. It is your responsibility to affirmatively logout from your account when you are not actively using it. It is also your responsibility to secure and prevent unauthorized physical access to your computer, phone, and other devices, and to protect the confidentiality of your username and password.
It is your responsibility to exercise good faith, caution, good sense, and sound judgment in using the Service. You are prohibited from violating, or attempting to violate, the security of the Service. Any such violations may result in criminal prosecution and/or civil penalties against you. PMC may investigate any alleged or suspected violations with the cooperation of law enforcement agencies as needed in their investigations.
Use and Ownership of the Service
The Service and the information and Content available through the Service are protected by copyright laws throughout the world. Subject to this Agreement, PMC grants you a limited, non-transferable, revocable license to access and use the Service for your personal use. Unless otherwise specified by PMC in a separate license, your right to use any of the Service or Content is subject to this Agreement and all rights in the Service and Content are reserved by PMC. You agree that PMC and its suppliers own all rights, title and interest in the Service (including but not limited to, any computer code, themes, objects, concepts, photographs, product descriptions, blog posts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. PMC’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks of PMC and may not be used without permission, including in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Service are the property of their respective owners.
License to Information via the Service
Subject to any limitations on PHI described below, any information you transmit to PMC via the Service, whether by direct entry, submission, email or otherwise, including data, questions, comments, forum communications, or suggestions (collectively, “Submissions”), will, to the extent permitted under applicable law, be treated as non-confidential and non-proprietary. Subject to any applicable account settings that you select, you grant PMC a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right (including moral rights) and license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Submissions (in whole or in part) for the purposes of operating and providing the Service to you and to PMC’s other users. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Submissions has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not PMC, are responsible for all Submissions that you provide to the Service. In addition to the foregoing, PMC shall have the right, in its sole discretion, to edit, duplicate, or alter the Submission in any manner for the purpose that PMC seems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Submission. You further agree that you shall have no right of approval and no claim to compensation in the connection with the Submission.
Any use or attempted use of the Service (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Service, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data, or information not intended by PMC to be made accessible to a user, (vi) to obtain any materials, or information through any means not intentionally made available by PMC, (vii) to reverse engineer, disassemble or decompile any section or technology on the Service, or (viii) for any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Service, you agree you will not: (a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or that may invade another’s right of privacy or publicity; (b) create a false identity or duplicative accounts for the purpose of misleading others or impersonate any person or entity, including, without limitation, any PMC representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another;s computer or property of another; (e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) use the Service’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessively shouting, use of all caps, or flooding continuous posting of repetitive text); (g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise; (h) violate any applicable local, state, national or international law; (i) upload or transmit any material that infringes any patent, trademark, service mark, or trade secret, copyright or other proprietary rights of any party; (j) delete or revise any material posted by any other person or entity; (k) manipulate or otherwise display the Service by using framing, mirroring or similar navigational technology; (l) probe, scan, test the vulnerability of or breach the authentication measures of, the Service or any related networks or systems; (m) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (n) harvest or otherwise collect information about others, including email addresses; (o) use of any robot, spider, scraper, or other automated or manual means to access the Service, or copy, download, distribute or reproduce any content or information on the Service; or (p) assist or permit any person in engaging in any of these activities.
PMC reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a User’s access and/account. PMC may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
Right to Monitor
PMC reserves the right to monitor general use of the Service at any time as it deems appropriate and to remove any materials that, in PMC’s sole discretion, may be illegal, may subject PMC to liability, may violate this Agreement, or are, in the sole discretion of PMC, inconsistent with PMC’s purpose for the Service.
Third-Party Goods and Services
Use of goods or any interactions with parties (“Third-Parties”) other than PMC through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such use or interactions, are solely between you and such Third-Parties.
You agree that PMC shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of the Platform or your interactions with any Third-Parties. In the event of any dispute between you and any Third-Party, any other User or any other entity or individual, you understand and agree that PMC is under no obligation to become involved in such dispute, and you hereby release and indemnify PMC, its affiliates and all of their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, “PMC Parties”) from any and all claims, demands and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or the features and services therein. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Terms of Sale
All products offered for sale by PMC are subject to availability and PMC reserves the right to impose quantity limits on any order or reject all or any part of an order without prior notice. In the event of an error, PMC reserves the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. Prices for products are subject to change at any time, but changes will not affect any order for products you have already placed. You are responsible for any applicable sales, use, duty, customs, or other governmental taxes, levies, or fees (‘Taxes”) due with respect to your purchase of products or services through PMC’s Service. PMC will present an estimate of Taxes to be collected at checkout, except where PMC has clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. PMC is not required to, and does not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if PMC does not collect such Taxes.
Only valid payment methods acceptable to PMC may be used to complete a purchase via the Service. You represent and warrant that you are authorized to use your designated payment method. You authorize PMC to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping and handling charges). If any of the products in your order are unavailable, PMC will only charge the prices, Taxes and other applicable charges associated with the products that are included in the shipment. In the connection with any purchase you make through the Service, you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number and/or your email address. By submitting such information, you grant PMC without charge the irrevocable, unencumbered, universe-wide and perpetual right to provide such information to third parties (e.g., payment processing companies) for the purpose of facilitating the transaction.
You agree to pay any shipping and handling charges, if any, shown at the time you make a purchase. PMC reserves the right to increase, decrease, add, or eliminate shipping and handling charges from time to time, but PMC will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless PMC states otherwise in writing via the Service, risk of loss or damage to a product passes to you upon delivery of the product to PMC’s designated carrier.
PMC reserves the right to remedy User issues and concerns on a case by case basis. PMC reserves the right, in its sole discretion, to resolve customer issues and concerns based on the facts and circumstances of each User.
PMC may terminate your use of the Service or any of PMC’s features or services at any time and for any reason without notice, including, for example, for conduct violating this Agreement. The provisions of this Agreement concerning Service security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and resolution of Disputes, indemnity and jurisdictional issues shall survive any such termination or any other termination of this Agreement or your relationship with PMC. You agree that if your use of the Service is terminated pursuant to this Agreement, you will not attempt to use the Service under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold all PMC Parties harmless from any and all liability that any such PMC Parties may incur with respect thereto.
Content and other information contained on the Service is provided by PMC as a convenience. Users relying on Content or other information from the Service do so at their own risk.
THE SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. ANY ACCESS TO OR USE OF THE SERVICE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. THE PMC PARTIES AND EACH THIRD-PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SERVICE, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE OR THE PLATFORM. PMC DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE SERVICE. PMC DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PMC PARTIES OR ANY THIRD-PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PMC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PMC PARTIES SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM, SERVICE OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM, SERVICE OR CONTENT IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE PLATFORM, SERVICE OR CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT PMC MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF PMC’S LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND PMC OR YOU AND THE PROVIDERS ARISING OUT OF RELATES TO THESE TERMS AND CONDITIONS OR THE SERVICE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW. PMC EXPLAINS SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
You agree to defend, indemnify, and hold the PMC Parties and any third-party offering products or services through the Service harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgements, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Service, your fraud, violation of law, or willful misconduct, any breach by you of these Terms and Conditions or your violation of any rights of any other person or entity. PMC reserves the right to control the defense of any claim by a third-party for which PMC is entitled to indemnification, and you agree to provide PMC with such cooperation as is reasonably requested by PMC.
Any notices to you from PMC regarding the Service or this Agreement may be made by email, a posted notice on the Service, or regular mail, at the sole discretion of PMC.
When you access or use the Service or send emails to PMC you are communicating with PMC electronically. You consent to receive communications from PMC electronically. PMC will communicate with you via email or through the Service. You agree that all agreements, notices, disclosures, and other communications that PMC provides to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by PMC electronically are deemed to be given and received on the date PMC transmits any such electronic communication as described in these Terms and Conditions.
It is PMC’s policy to terminate membership privileges to any User who repeatedly infringes copyright upon prompt notification to PMC by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that PMC’s work has been copied and posted on the Service in a way that constitutes as copyright infringement, please provide PMC’s Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Service of the material that you claim is infringing; (4) your address, telephone number and email address; (5) a written 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; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for PMC’s Copyright Agent for notice of claims of copyright infringement is as follows: firstname.lastname@example.org.
This Agreement and any other agreements PMC may post on the Service or that you and PMC may execute from time to time constitute the entire agreement between PMC and you in connection with your use of the Service and supersede any prior agreements between PMC and you regarding the use of the Service, including prior versions of this Agreement.
Binding Arbitration / Class Waiver
YOU EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND PMC OR YOU AND ANY OF THE PMC PARTIES ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO PMC, THE PLATFORM, THE CONTENT OR THE SERVICE, OR ANY OTHER PMC GOODS, SERVICES OR ADVERTISING, INCLUDING THE CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THIS AGREEMENT (COLLECTIVELY, “DISPUTES”), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA’S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY, “RULES AND PROCEDURES”). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award an individual.
Payment of arbitration costs will be governed by the AAA’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case PMC will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. PMC also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.
The arbitration shall be conducted in Fort Lauderdale, Florida, unless the parties agree otherwise in writing. The arbitrator’s award shall be final and binding on all parties and may be entered as a judgement in any court of competent jurisdiction.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at https://www.adr.org.
Notwithstanding anything to the contrary herein, to the extent the Dispute arises from: (a) a violation of either party’s intellectual property rights in any manner; (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; and/or (c) any claim for equitable relief; then you and PMC agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court in Fort Lauderdale, Florida, and both parties agree to submit to the personal jurisdiction of such courts in connection with such proceedings. In addition to the foregoing, either party may assert an individual action in small claims court for Disputes that are within the scope of such court’s jurisdiction in lieu of arbitration as long as such action remains in such court and advances only on an individual (non-class, non-representative) basis.
ALL DISPUTES SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. NO PARTY MAY BRING ANY CLAIM SUBJECT TO ARBITRATION PURSUANT TO THIS AGREEMENT AS A PRIVATE ATTORNEY GENERAL, IN A REPRESENTATIVE CAPACITY, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE JOINED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. NO ARBITRATION SHALL BE CONSOLIDATED OR JOINED WITH ANY OTHER ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). If a decision is issued stating that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or request for relief, then such claim or request for relief (and only that claim or request for relief) shall be severed from the arbitration and may be brought exclusively in the state or federal courts located in Fort Lauderdale, Florida, subject to the parties’ respective right to appeal the decision. All other claims or requests for relief shall be arbitrated.
The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all claims between the parties remaining in arbitration are finally resolved. The parties agree to submit to the personal jurisdiction of the federal and state courts located in Fort Lauderdale, Florida for purposes of resolving any claims or requests for relief severed from arbitration pursuant to this paragraph.
You can opt out of the provisions of this Agreement that require the arbitration of Disputes within 30 days of the date that you first agree to any version of this Agreement that requires arbitration of disputes with PMC. To opt out, you must send your name, residence address, and email address together with a clear statement that you want to opt out of the requirement to arbitrate disputes with PMC to: Pharcomed Corp., 8551 W Sunrise Blvd, Ste 302, Fort Lauderdale, FL 33322, ATTN: Arbitration Opt-Out.
Before you commence arbitration of a Dispute, you must provide a written Notice of Dispute that includes your name, residence address, username (if applicable) and email address associated with your User account (if applicable), a detailed description of the Dispute, and the relief you seek. Before PMC commences arbitration of a Dispute against you, PMC will provide a written Notice of Dispute to you with a detailed description of the Dispute and the relief it seeks. Any Notice of Dispute you send to PMC should be mailed to Pharcomed Corp., 8551 W Sunrise Blvd, Ste 302, Fort Lauderdale, FL 33322, ATTN: Dispute Notice. If we are unable to resolve a Dispute within 30 days after the applicable Notice of Dispute is received, either party may commence arbitration. Notwithstanding anything to the contrary in this Agreement, if PMC makes any future material modification to any provision of this Agreement that govern the arbitration or resolution of Disputes, such changes will not apply to any Dispute between you and PMC for which either party had previously provided a written Notice of Dispute to the other in accordance with this paragraph. Further, if PMC makes any future material changes to the provisions of this Agreement that govern the arbitration or resolution of Disputes, you may reject such changes by sending a written notice of you rejection decision to PMC at Pharcomed Corp., 8551 W Sunrise Blvd, Ste 302, Fort Lauderdale, FL 33322, ATTN: Arbitration Opt-Out within 30 days of the effective date of such modifications.
Governing Law; Severability of Provisions
This Service is controlled and operated by PMC from its offices within Florida. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Access to the Service from jurisdictions where the content of the Service is illegal or penalized is prohibited.
The validity, interpretation, construction and performance of this Agreement will be governed by the Federal Arbitration Act and the Laws of the State of Florida, without regard to any conflicts of law provisions.
All parts of this Agreement apply to the maximum extent permitted by law. PMC’s failure to enforce any provision of this Agreement will not constitute a waiver of such right. We both agree that if we cannot enforce a part of this Agreement as written, then that part will be replaced with terms that most closely match the intent of the unenforceable part to the extent permitted by law. Except as otherwise provided in this Agreement, the invalidity of part of this Agreement will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
No Agency Relationship
Neither this Agreement, nor any Content, materials or features of the Service create any partnership, joint venture, employment, or other agency relationship between you and PMC. You may not enter into any contract on PMC’s behalf or bind PMC in any way.
You may not assign any of your rights under this Agreement, and any such attempt will be null and void. PMC may, in its sole discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to this Agreement to any affiliate of PMC or to another third party in the event that some or all of the business of PMC is transferred to such other third party by way of merger, sale of its assets or otherwise.
Third Party Beneficiaries
Except for the foregoing or as otherwise specifically set forth in this Agreement, including with respect to the indemnification obligations contained herein in favor of the PMC Parties and the agreement to arbitration, we hereby expressly agree that there is no intent by either party to create or establish third-party beneficiary status rights or their equivalent in any other referenced individual, subcontractor or third party, and, except as specifically set forth in this Agreement, that no third party shall have any right to enforce any right or enjoy any benefit that is created or established under this Agreement.
If you have any questions or concerns about this Agreement, please contact PMC by email at email@example.com. PMC will attempt to respond to your questions or concerns promptly after received.