PLEASE READ THIS AGREEMENT CAREFULLY
Thank you for visiting PMPolish.com (“PMPolish”). This agreement (this “Agreement” or these “Terms and Conditions”) governs your use of this website (“Site”, and together with the services, features and content provided through the Site, the “Service”). If you are not satisfied with the terms contained in this Agreement, you may simply refrain from using this Site or the Service.
PMPOLISH WEBSITE TERMS AND CONDITIONS
The following terminology applies to these Terms and Conditions: “We”, “us” and “our” refer to PMPolish. “User”, “you” and “your” refers to you, the user, or site visitor. “Terms” refers to these Terms and Conditions.
By your continued use of the Site, you are deemed to have read and accepted the following Terms and agree to comply with and be bound by all applicable laws and regulations. It is your responsibility to review these Terms periodically. We may revise these Terms at any time without notice to you. If you have any questions about these Terms, please contact us at firstname.lastname@example.org. If at any time you find these Terms unacceptable or if you do not agree to these Terms, please do not use this Site.
PLEASE NOTE: THESE TERMS IN THE “DISPUTE RESOLUTION” SECTION CONTAINS AN ARBITRATION CLAUSE THAT REQUIRES DISPUTES TO BE ARBITRATED ON AN INDIVIDUAL BASIS, AND PROHIBITS CLASS ACTION CLAIMS. IT AFFECTS HOW DISPUTES BETWEEN YOU AND PMPOLISH ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.
YOU AGREE THAT BY USING THE SITE AND REGISTERING FOR THE SERVICE YOU ARE AT LEAST 18 YEARS OF AGE, OR VISITING THE SITE UNDER THE SUPERVISION OF A PARENT OR GUARDIAN, AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
- PROJECT MANAGEMENT SERVICES
The Site is a communications platform for enabling connections between Users and Project Managers. Those certain Project Management Services requested by Users, which are to be completed by Project Managers are hereinafter referred to as “Project Management Services.” PMPolish does not take part in the interaction between Users and Project Managers. PMPolish does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any work provided by Project Managers, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users or Project Managers. PMPolish makes no representations about the suitability, reliability, timeliness, or accuracy of the Project Management Services requested and provided by Project Managers identified through the Site whether in public, private, or offline interactions. Users contract for Project Manager services directly with Project Managers. PMPolish will not be a party to any contracts for Project Management Services. PMPolish facilitates contracts by supplying a medium for the exchange of money.
PMPolish cannot confirm that each Project Manager is who they claim to be. PMPolish does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Site. When interacting with Project Managers, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. PMPOLISH IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR ANY PROJECT MANAGER. PMPOLISH WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR THE PROJECT MANAGEMENT SERVICES.
- RELEASE FOR THE PROJECT MANAGEMENT SERVICES
The Site is only a venue for connecting Users and Project Managers. Because PMPolish is not involved in the actual contact between Users and Project Managers or in the completion of the Project Management Services, in the event that you have a dispute with one or more Users or Project Managers, you release PMPolish (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
PMPolish expressly disclaims any liability that may arise between Users of its Site, including Project Managers.
- USE OF THE SITE
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify PMPolish of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
- MOBILE/WIRELESS POLICY
By providing your cell phone number and using the Service, you hereby affirmatively consent to our use of your cell phone number for calls and texts in order to perform and improve upon the Service. PMPolish will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving text messages. Under no circumstances will PMPolish, or its service providers be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number as a result of a promotion. If your carrier does not permit text alerts, you may not receive PMPolish text alerts. Pre-paid phones or calling plans may not be supported. You may receive a bounceback message for every message you send to us. We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an “AS-IS” basis. Data obtained from you in connection with this SMS service may include your cell phone number, your provider’s name, and the date, time, and content of your messages. We may use this information to contact you and to provide the Services you request from us. You may opt-out of receiving text messages from us by email@example.com.
- NO SOLICITATION
The Service may not be used to solicit for any other business, website or service. You may not solicit, advertise for, or contact in any form Project Managers for employment, contracting, or any other purpose not related to the Service facilitated through PMPolish, except as provided for in this Agreement.
You may not use the Service to collect usernames and/or email addresses of Users or Project Managers by electronic or other means without the express prior written consent of PMPolish.
- BILLING AND PAYMENT POLICY
For all Project Management Services, PMPolish will charge User per the terms agree upon. PMPolish may charge User’s payment card according to the amount agreed upon between User and PMPolish, and User hereby authorizes PMPolish, or its third-party payment processors, to charge its payment card for such amounts. If paying by means other than a payment card, PMPolish will invoice User directly per agreed-upon means and terms. PMPolish retains the right, in its sole discretion, to place a hold on any payment for the Service. PMPolish has no obligation to provide refunds or credits, but may grant them in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by PMPolish, in each case at PMPolish’s sole discretion.
- NO PURCHASE COMMITMENT OF PROJECT MANAGEMENT SERVICES
As a User of PMPolish, you are not obligated to purchase any of the Project Management Services offered under the Service or continue to purchase any additional Project Management Services, unless otherwise expressly agreed upon. By submitting your email on our Site, you agree to receive emails, newsletters, special promotional offers and other communications from PMPolish. If you do not wish to receive such communications, please let us know by sending an email to firstname.lastname@example.org.
- INTERNATIONAL ACCESS
This Site may be accessed from countries other than the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
You are free to cancel your account any time by emailing email@example.com. We may terminate your account, without notice, for any reason.
- DISCLAIMER AND LIMITATION OF LIABILITY
WE HAVE NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU. YOU ACKNOWLEDGE THAT WE HAVE NO DUTY TO TAKE ANY ACTION REGARDING: (I) WHICH USERS GAIN ACCESS TO THE SERVICES; (II) THE CONTENT OR PRODUCTS YOU ACCESS VIA THE SERVICES; OR (III) HOW YOU MAY INTERPRET OR USE THE CONTENT OR PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT PMPOLISH IS ONLY WILLING TO PROVIDE THE SERVICE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD PMPOLISH, ITS PRESENT AND FUTURE AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE, MISUSE OF OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER OR PROJECT MANAGER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY PMPOLISH OR ITS PRESENT AND FUTURE AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION. PMPOLISH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED HEREIN. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PMPOLIDH (AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS) DISCLAIM ALL WARRANTIES ABOUT THE SERVICES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. PMPOLISH DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE OR FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PMPOLISH (AND ITS PRESENT AND FUTURE AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR PMPOLISH SERVICES, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT PMPOLISH OR ITS PRESENT OR FUTURE AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO PMPOLISH DURING THE MONTH PRIOR TO THE TIME SUCH CLAIM AROSE.
PMPOLISH DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE SERVICE.
You hereby agree to indemnify, defend, and hold harmless PMPolish, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and present and future affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys’ fees and costs incurred, in connection with your use, misuse or inability to use the Service, violation of these Terms, or infringement by you (or any third party using your account or identity in the Services) of any intellectual property or other right of any person or entity. PMPolish reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification, in which event you will assist and cooperate with us in asserting any available defenses. You will not, in any event, settle any claim or matter without the written consent of PMPolish.
- GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the State of Montana, including its conflicts of law rules, and the United States of America.
- DISPUTE RESOLUTION
a.) INFORMAL NEGOTIATIONS. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and PMPolish agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to PMPolish. PMPolish’s address for such notices is PMPolish, 386 Stafford Avenue, Bozeman, MT 59718.
b.) BINDING ARBITRATION. If you and PMPolish are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Service (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and PMPolish may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
c.) WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You and PMPolish agree that any arbitration will be limited to the Dispute between PMPolish and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND PMPOLISH ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and PMPolish otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this Section 18 (Dispute Resolution) will be deemed null and void.
- INTELLECTUAL PROPERTY RIGHTS
This Site is owned and operated by PMPolish. All right, title and interest in and to the Content provided on this Site are owned either by PMPolish. Except as otherwise expressly provided by PMPolish, none of the Content may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of PMPolish’s intellectual property rights, whether by estoppel, implication or otherwise. You must contact firstname.lastname@example.org if you have any questions about obtaining such licenses. PMPolish does not sell, license, lease or otherwise provide any of the Content other than those specifically identified as being provided by PMPolish. Any rights not expressly granted herein are reserved by PMPolish.
You agree that PMPolish’s remedy at law for any actual or threatened breach of this Agreement would be inadequate and that PMPolish shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that PMPolish may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees. No right or remedy of PMPolish shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses. No instance of waiver by PMPolish of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
- ADDITIONAL TERMS
Updated Feb 16, 2018