Terms of Use
INTRODUCTION
USE OF THE SERVICES
ACCOUNT REGISTRATION
TERMS APPLICABLE TO THE SERVICES
DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
IP OWNERSHIP
GENERAL PROVISIONS




1. INTRODUCTION


These Terms of Use (“Terms of Use”) govern your use of pMDsoft, Inc.’s (“pMD”) website located at https://www.pmd.com (the “Website”), any related mobile device application made available by pMD, including the pMD charge capture & messaging mobile application and any successor application(s) (collectively, the “App(s)”), and any other related content, features, materials, applications, widgets and/or services (collectively the “Services”) offered by pMDsoft, Inc. (“pMD” or “we” or “us”).

BY USING THE SERVICES, YOU ACCEPT ALL OF THE PROVISIONS OF THESE TERMS OF USE, AND THE BUSINESS ASSOCIATE AGREEMENT (“BAA”), IF APPLICABLE, AVAILABLE AT www.pmd.com/business-associate-agreement-secure-messaging-only AND WHICH IS INCORPORATED BY REFERENCE INTO THESE TERMS OF USE. YOU REPRESENT TO US THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE AND BAA, THEN YOU ARE NOT AUTHORIZED TO USE ANY OF PMD’S SERVICES.

For purposes of these Terms of Use, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company, organization, physician network, or other entity, then (a) “you” includes you and that entity, (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Use, and that you agree to these Terms of Use on the entity’s behalf, and (c) your entity is legally and financially responsible for your use of the Services as well as for the use of your account by others affiliated with your entity, including any employees, agents or contractors.

To the extent you (or the company, organization, physician network, or other entity on whose behalf you are using the Services) have been authorized to use certain portions of the Services pursuant to pMD’s master services agreement set forth at https://www.pmd.com/master-services-agreement or a similar agreement with pMD (an “MSA”), then in the event of a conflict between these Terms of Use and the MSA, the MSA shall supersede and control, but only as to the conflicting portions.

These Terms of Use describe your responsibilities, pMD’s liability and the liability of third parties related to the Services. All users of the Services must accept and comply with the terms and conditions set forth herein. Certain portions of the Services may be subject to additional terms and conditions specified by us from time to time. Your use of the Services is subject to those additional terms and conditions. If you have any questions regarding these Terms of Use, please contact us via email at support@pmd.com.

By accessing or using the Services or the Website, you expressly accept all of the provisions of these Terms of Service and represent to us that you are at least 21 years of age, are not located in the European Union, and are legally competent to enter into and agree to these Terms of Service.


2. USE OF THE SERVICES


2.1.   Privacy Policy.


Our privacy practices in operating the Services are described in our Privacy Policy located at https://www.pmd.com/answers/privacy (“Privacy Policy”). Please review the Privacy Policy to learn about:

  • what information we may collect about you;

  • what we use that information for;

  • what third party information, if any, you are agreeing to share by using the Services; and

  • with whom we share that information.



3. ACCOUNT REGISTRATION


3.1.   Registration.


To register an account on the Services, you must be at least eighteen (18) years of age or at least the age of majority in your jurisdiction.

You do not need to create an account on the Services (a “User Account”) to visit the public pages of the Services, however, you do need a User Account to access the App(s) and certain other portions of the Service. Certain types of User Accounts may be created only by invitation from pMD or your healthcare provider. You are responsible for providing and maintaining current your accurate contact information. You acknowledge and agree that telephone calls, email, and correspondence with pMD may be recorded or monitored.


3.2.   Authorized Users.


You are the sole authorized user of your User Account. You are responsible for maintaining the confidentiality of any password and account identification provided by you or pMD for accessing the Services. You are solely and fully responsible for all activities that occur under your password or account. pMD has no control over the use of your or any user’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will cease all use and contact pMD immediately by emailing us at support@pmd.com.


4. TERMS APPLICABLE TO THE SERVICES


4.1. License to Use Services.


Subject to your compliance with these Terms of Use, pMD hereby grants to you, a personal, nonexclusive, nontransferable, revocable, limited license (without the right to sublicense) to access and use the Services and to download a single copy of the App(s) onto your own mobile device for your personal use (including updates and upgrades that replace or supplement them in any respect and which are not distributed with a separate license, and any documentation) solely on computers and devices that you own or control, and subject to the limitations set forth below. We reserve any and all rights not expressly granted to you pursuant to these Terms of Use. The limited rights granted to you to access and use the Services comprise a limited license and do not constitute the sale of any software program.


4.2. Use of the App(s).


You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use the App(s) or the Services. As part of the Services and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you outside or inside the App(s) (“Push Messages”). You acknowledge that, when you use the App(s) or the Services, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the App(s) or the Services, including your receipt of Push Messages from pMD. YOU ARE SOLELY RESPONSIBLE FOR ANY FEE, COST OR EXPENSE THAT YOU INCUR TO DOWNLOAD, INSTALL AND/OR USE THE APP(S) OR THE SERVICES ON YOUR MOBILE DEVICE, INCLUDING FOR YOUR RECEIPT OF PUSH MESSAGES FROM PMD.


4.3. Mobile Software from the Apple App Store.


The following terms and conditions apply to you only if you are using the App(s) from the Apple App Store. To the extent the other terms and conditions of the Terms of Use are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to the App(s) from the Apple App Store. You acknowledge and agree that these Terms of Use are solely between you and pMD, not Apple, and that Apple has no responsibility for the App(s) or content thereof. Your use of the App(s) must comply with the App Store Terms of Use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App(s). In the event of any failure of the App(s) to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App(s) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App(s), and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and pMD acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App(s) or your possession and/or use of the App(s), including, but not limited to: (i) product liability claims, (ii) any claim that the App(s) fail to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation. You and pMD acknowledge that, in the event of any third party claim that the App(s) or your possession and use of the App(s) infringes that third party’s intellectual property rights, pMD, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You must comply with applicable third party terms of agreement when using the App(s). You and pMD acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use as they relate to your license of the App(s), and that, upon your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.


4.4. Use Restrictions.


(a) You agree that: (i) you will not use the Services if you are not fully able and legally competent to agree to these Terms of Use, (ii) you will only use the Services in accordance with applicable law, (iii) you will not use the Services for sending or storing any unlawful material or for fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct, (iv) you will not try to harm the Services in any way whatsoever, and (v) you will not copy, or distribute the Services or other content without written permission from pMD, (vi) harvest, crawl or scrape any content or data from the Services, (vii) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any part of the Services (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Services), or (viii) permit any third party to engage in any of the acts described in clauses (i) through (vii).

(b) You acknowledge that people participating in the Services occasionally post content or material, or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, illegal or deceptive. We neither endorse nor are responsible for such submissions or statements, or for any opinion, advice, information or other utterance made or displayed on the Services by any third person. The opinions expressed in the Services reflect solely the opinion(s) of the participants of the Services and do not necessarily reflect the opinion(s) of pMD. We have no obligation to monitor the Services or any submissions or other materials that you or other third persons or parties transmit or post on the Services. You acknowledge and agree that we have the right (but not the obligation) to do any or all of the following, at our sole discretion (i) alter, remove or refuse to post or allow to be posted or stored any user-submitted content, material or message, (ii) monitor and/or filter any of your communications through the Services (including without limitation, by means of blocking or replacing expletives or other language that may be deemed harmful or offensive), and (iii) disclose any submission or message or any communication through the Services, and the circumstances surrounding the transmission thereof, to any third party in order to operate the Services to (A) protect us and our employees, officers, directors, shareholders, agents, representatives, affiliates, users and visitors, (B) comply with legal obligations or governmental requests, (C) enforce these Terms of Use, or (D) for any other reason or purpose.

(c) You understand that by using the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that pMD shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.

(d) You agree to keep confidential all non-public information or protected health information about others users of the Services or patients that you may access while using the Services (“Protected Information”). You agree that you will not use or further disclose such Protected Information, except for the purpose for which it was disclosed to you. You will not use the Services to seek out additional Protected Information about others, unless you have a legitimate and legal purpose for doing so. You agree to notify pMD, within three business days, of any breaches of the confidentiality of Protected Information of which you become aware. Such notice must be sent to pMD via email at support@pmd.com.


4.5. Your Content License Grant.


As a condition of your use of the Services, you hereby grant to pMD a nonexclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicenseable license to access, use, reproduce, transmit, display, publish, distribute, modify and adapt and create derivative work from any content that you post, upload, publish, submit or transmit to be made available through the Services (“Your Content”). By posting or submitting Your Content through the Services, you represent and warrant (a) that you own or otherwise control all of the rights to Your Content, including without limitation, all copyrights, (b) that Your Content is accurate, and (c) that use of Your Content does not violate these Terms of Use or the Privacy Policy and will not cause injury to any person or entity. We take no responsibility and assume no liability for any content or materials submitted or posted through the Services by you or any third party. WE RESERVE THE RIGHT TO REMOVE ANY CONTENT, MATERIAL, OR SUBMISSION FOR ANY REASON, INCLUDING IF WE DETERMINE IN OUR SOLE DISCRETION VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE WEBSITE OR SERVICES.


4.6. Third Party Services and Materials.


Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Services, you acknowledge and agree that pMD is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. pMD does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third party Services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you. In addition, third party services and Third Party Materials that may be accessed from, displayed on or linked to from the Services are not available in all languages or in all countries. pMD makes no representation that any third party services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to access such services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.


5. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY


5.1. Disclaimer.


YOU ARE SOLELY AND FULLY RESPONSIBLE FOR YOUR USE OF THE SERVICES, INCLUDING INTERACTIONS WITH OTHER USERS OF THE SERVICES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY MATERIALS, THIRD PARTY SOFTWARE OR SERVICES) ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PMD HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES (INCLUDING THE USE, PERFORMANCE AND SUPPORT THEREOF), EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTERFERENCE WITH ENJOYMENT, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, UNINTERRUPTED USE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. PMD DOES NOT WARRANT THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, (C) THAT THE SERVICES WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE, OR (D) DEFECTS IN THE SERVICES WILL BE CORRECTED. ANY ORAL OR WRITTEN ADVICE PROVIDED BY PMD OR ITS AUTHORIZED AGENTS WILL NOT BE DEEMED TO CREATE ANY WARRANTY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PMD OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.


5.2. Limitation of Liability.


TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL PMD BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OF USE, OR UNDER THE BUSINESS ASSOCIATE AGREEMENT, OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS OF USE AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF PMD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. PMD’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU HAVE PAID TO USE THE SERVICES OR FIVE HUNDRED DOLLARS ($500.00), WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Essential Terms. You agree that the above limitations of liability together with the other provisions in these Terms of Use that limit liability are essential terms of these Terms of Use and that pMD would not be willing to grant you the rights set forth in these Terms of Use but for your agreement to the above limitations of liability. You are agreeing to these limitations of liability to induce pMD to grant you the rights set forth in these Terms of Use.


5.3. Indemnification.


By entering into these Terms of Use and using the Services, you agree that you shall defend, indemnify and hold pMD, its licensors and their respective parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these Terms of Use or any applicable law or regulation, (b) your violation of any rights of any third party, (c) any unauthorized use of the Services, or (d) your negligence or willful misconduct.


6. IP OWNERSHIP


6.1. Intellectual Property.


The Services and their content, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under intellectual property, copyright, trademark, and other laws. You acknowledge and agree that pMD and/or its licensors own all right, title, and interest in and to the Services (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how, and any and all other intellectual property rights therein or related thereto) and you agree not to take any action(s) inconsistent with such ownership interests. You do not acquire any rights or licenses under any of pMD’s (or its licensors’) patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of these Terms of Use. You acknowledge and agree that the features and functionality of the Services, and all software, content, data, information, and materials contained therein are the confidential and proprietary information of pMD (or its licensors), and accordingly you agree to (a) maintain the confidentiality of such information using reasonable efforts and care (but in no event less than the same efforts and care you use to protect your own confidential and proprietary information) and not disclose such information to any third party without the prior written consent of pMD and (b) only use such information for the purposes of using the Services provided by pMD hereunder.


6.2. Feedback; Revisions.


Any and all (a) suggestions for correction, change, and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to pMD by you (collectively “Feedback”) and all (b) improvements, updates, modifications or enhancements, whether made, created or developed by pMD or otherwise relating to the Services (collectively, “Revisions”), are and will remain the property of pMD. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Services or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of pMD and pMD may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to pMD any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. At pMD’s request, you will execute any document, registration or filing required to give effect to the foregoing assignment.


7. GENERAL PROVISIONS


7.1. Modifications.


We may modify these Terms of Use at any time. Modifications become effective immediately upon your first access to or use of the Services after the “Last Revised” date at the top of these Terms of Use. We may also use reasonable efforts to attempt to notify you, including by email or placing a prominent notice on the Website. However, it is your sole responsibility to review the Terms of Use from time to time to view any such changes. Your continued access or use of the Services after the modifications have become effective will be deemed your conclusive acceptance of the modified Terms of Use. If you do not agree with the modifications to the Terms of Use, then please do not access or use the Services.


7.2. Termination.


If you breach any of the terms of these Terms of Use, all licenses granted by pMD, including permission to use the Services, will terminate automatically. Additionally, pMD may suspend, disable, or delete your User Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If pMD deletes your User Account for any suspected breach of these Terms of Use by you, you are prohibited from re-registering for the Services under a different name. In the event of User Account deletion for any reason, pMD may, but is not obligated to, delete any of Your Content. pMD shall not be responsible for the deletion of (or failure to delete) Your Content. All sections which by their nature should survive the termination of these Terms of Use shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by pMD or you. Termination will not limit any of pMD’s other rights or remedies at law or in equity.


7.3. Export Laws.


You agree that you will not export or re-export, directly or indirectly the Services and/or other information or materials provided by pMD hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.


7.4. U.S. Government Restricted Rights.


The Services and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.


7.5. Injunctive Relief.


You agree that a breach of these Terms of Use will cause irreparable injury to pMD for which monetary damages would not be an adequate remedy and pMD shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.


7.6. Miscellaneous.


These Terms of Use will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms of Use and the licenses granted hereunder may be assigned by pMD but may not be assigned by you without the prior express written consent of pMD. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in these Terms of Use will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms of Use due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein will not be considered to be part of the Terms of Use but are for convenience only. You and pMD agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms of Use. The laws of the state of Georgia, excluding its conflicts of law rules, govern these Terms of Use and your use of the Services. Your use of the Services may also be subject to other local, state, national, or international laws.

Under California Civil Code Section 1789.3, California users of the Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.


7.7. Contact Us.


You may contact us regarding the Services or these Terms of Use at 1 Beach Street, Suite 300, San Francisco, CA 94107, or by email at support@pmd.com. These Terms of Use sets forth the entire understanding of the parties with respect to the matters contained herein and there are no promises, covenants or undertakings other than those expressly set forth herein.
Last modified: August 14, 2018