U.S. TERMS AND CONDITIONS OF USE

PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE (collectively with any amendments, “TERMS AND CONDITIONS”) BEFORE PLACING AN ORDER OR USING THIS APPLICATION OR WEBSITE. THIS APPLICATION AND WEBSITE ARE OWNED AND OPERATED BY PRESCRIPTION CARE MANAGEMENT AND ITS AFFILIATES (collectively “PCM”, “US”, “WE” or “OUR”). THE TERMS AND CONDITIONS MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION.

BY USING THIS WEBSITE OR ANY WEBSITE OF PCM AND/OR PLACING AN ORDER FOR PCM’S SERVICES, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE AND PLACE AN ORDER FOR PCM’S SERVICES.

IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST USE THIS SITE AND/OR PURCHASE AND USE PCM’S SERVICES ONLY WITH THE INVOLVEMENT AND ACKNOWLEDGEMENT OF YOUR PARENT OR GUARDIAN.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE WEBSITE OR ORDER OR USE PCM’S SERVICES.

We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Your continued use of the Sites and/or other services of PCM after any such changes constitutes your acceptance of the new Terms and Conditions. Any updates or amendments will be posted on the Sites (herein after, PCM’s Website or any other web-based platform shall be referred to singularly or collectively as “Website” or “Site”. The Terms and Conditions displayed on the Sites at the time the order is accepted will apply to the order.

Welcome to the Website of PCM, which includes, without limitation our, related sites such as http://pcmsavings.com / Link or http://pcmanalytics.com / Link.

These Terms and Conditions govern and apply to your (“you” or “your”) access to and use of the Sites and their related domains on which these Terms and Conditions appear, any order you place through any of the Sites, and to all services we supply, produce, distribute, or market.

To the extent of any express inconsistency with any other agreement you may have with PCM for services or otherwise, that other agreement shall prevail unless otherwise explicitly stated therein. If these Terms and Conditions refer or relate to a clause that is not part of that other agreement, then these terms shall apply therein as well, if you are a user of the Site. If you register for our Support Center features, including, but not limited to, PCM Support Team, additional rules, policies, and disclaimers may apply.

User Conduct

You must only use the Site for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Site. You may not without our prior written consent:

·       copy, reproduce, use, or otherwise deal with any content on the Site;

·       modify, distribute, or re-post any content on the Sits for any purpose; or

·       use the content of the Site for any commercial exploitation whatsoever.

In using the Site, you further agree:

·       not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites;

·       not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked websites;

·       not to upload, post, or otherwise transmit through or on the Site any viruses or other harmful, disruptive, or destructive files;

·       not to use, frame, or utilize framing techniques to enclose any PCM trademark, logo, or other proprietary information (including the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page) without PCM’s express written consent;

·       not to use meta tags or any other “hidden text” utilizing a PCM name, trademark, or product name without PCM’s express written consent;

·       not to deep-link to this Site without PCM’s express written consent;

·       not to create or use a false identity on the Site, share your account information, or allow any person besides yourself to use your account to access the Site;

·       not to collect or store personal data about others;

·       not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access;

·       not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually-oriented, threatening, invasive of a person’s privacy, or otherwise violate of any law. You also agree not to post any copyrighted material unless the copyright is owned by you or by PCM; and

·       to be bound by the Product Submission Policies of PCM, including that any product submission you may make to PCM will not be held in confidence by PCM, and is not proprietary, that PCM may use the product submission and any aspect thereof for any purposes in PCM’s sole discretion, and that PCM owes no duties or obligations with respect to you or the product submission made.

In addition, you agree that you will comply with all applicable local, national, and international laws and regulations that relate to your use of or activities on the Site.

PCM will not be responsible or liable to any third party for the content or accuracy of any materials posted by you or any other user of the Site. We have the right to remove any material or posting you make on the Site if, in our opinion, such material does not comply with the content standards set out in these Terms and Conditions.

The views and opinions of authors, trainers, experts, and any other contributors expressed herein do not necessarily state or reflect the attitudes and opinions of PCM. These views and opinions shall not be attributed to or otherwise endorsed by PCM, and may not be used for advertising or product endorsement purposes without the express, written consent of PCM.

Privacy Policy

Users of the Sites and/or other services of PCM should refer to PCM’s Privacy Policy Link for information about how PCM uses and collects information, which may be accessed by clicking on the appropriate link on the particular Site that you visited. You agree that PCM may disclose your personal information to a third party if PCM believes in good faith that the law or legal process requires it, to protect the rights or property of PCM or others, or as otherwise described in the Privacy policy Link

Content Uploaded to the Site

In the event that you upload any photographs, comments, video clips, other media, or any document to the Site (the “Uploaded File“), PCM has the exclusive right to use any and all such elements of the Uploaded Content in connection with and/or as part of its business, including in connection with and/or in any advertising in any and all media, including, without limitation, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and cinema commercials, videos, or Websites, in perpetuity throughout the world as PCM in its sole discretion sees fit without further consent or payment. PCM has all rights, titles, and interests in any and all results and proceeds from such use of the Uploaded Content. PCM has the right to transfer the aforementioned rights to use the Uploaded Content to any third party, including, but not limited to, any of its subsidiaries or affiliated companies. PCM may alter, adapt, or edit the Uploaded Content and any further material created under these Terms and Conditions and market and exploit it entirely at PCM’s sole discretion. PCM is not obliged to make any use of the Uploaded Content or exercise any of the rights granted by these Terms and Conditions.

Users of the Sites must only post Uploaded Content that is owned by, and features, themselves, and no other third parties.

Users posting Uploaded Content via a user profile must treat their login credentials and password as confidential and ensure that they are not shared with any third party that might jeopardize the security of their account.

Changes to the Site

PCM may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site or any products available through or outside of the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that PCM shall not be liable therefor.

Linked Sites

PCM makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from the Site or sites linking to this Site. The linked sites are not under the control of PCM, and PCM is not responsible for the content of any linked site or any link contained in a linked site or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by PCM of the site or any information contained therein. When leaving the Site, you should be aware that PCM’s Terms and Conditions and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data gathering practices, of that site.

Indemnification

You agree to indemnify and hold harmless PCM, its parents, subsidiaries, shareholders, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your use of the Site, your violation of these Terms and Conditions, or your violation of any rights of a third party.

Service Information

For questions about the services on this Site, please use the Contact Us email links found on each product page or section. For questions about orders placed through the Site or otherwise, please use the Contact Us link in the email receipt you receive or by visiting the online http://www.pcmsavings.com .

Order and Payment Information

If you use the Site or other means to purchase any services, payment must be received by PCM prior to PCM’s acceptance of an order unless otherwise agreed by PCM. All PCM products are subject to sales tax which will be applied to your order total. PCM may need to verify the information you provide before accepting an order, and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is canceled or limited, PCM will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. PCM expressly conditions its acceptance of your order on your agreement to these Terms and Conditions.

In ordering services through the Site or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to PCM is registered to you. PCM shall have the right to bar your access to and use of the Site or its other services if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to PCM, or for any other reason it, in its sole discretion, deems appropriate. You agree that if you are ordering or purchasing services on behalf of a company, you have sufficient authority to bind that company to the Terms and Conditions. You agree that your placement of an electronic order on the Site is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.

PCM’s descriptions of, or references to, products not owned by PCM on and outside of the Site do not imply endorsement of that product or constitute a warranty by PCM.

Automatic Renewal

If you choose to receive services on an auto-renewal or monthly (or other period) basis you must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card is canceled (for example, for loss or theft). Changes to such information can be made by contacting Customer Service.

We reserve the right to refuse or discontinue the supply of any services to any user at any time at our sole discretion.

Warranties

CERTAIN WARRANTIES WITH RESPECT TO PARTICULAR PRODUCTS FOR SALE ON OR OUTSIDE THE SITE MAY BE APPLICABLE THROUGH MANUFACTURERS’ WARRANTIES, THOUGH NOT THROUGH PCM. SEE THE WARRANTIES INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS FOR FURTHER DETAILS REGARDING WARRANTIES PROVIDED BY MANUFACTURERS OF PRODUCTS AVAILABLE THROUGH OR OUTSIDE THE SITE.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT THE USE OF THE SITE AND OTHER PRODUCTS AND SERVICES OF PCM IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THE SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT AND OTHERWISE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.  YOU ALSO UNDERSTAND THAT PCM DOES NOT PROVIDE ANY MEDICAL ADVICE, AND YOU SHOULD CONSULT WITH YOUR PHYSICIAN PRIOR TO ENGAGING IN ANY TRAINING, ACTIVITIES, DIETS, OR ANY OTHER PROGRAM PROVIDED BY PCM.

YOU ACKNOWLEDGE THAT PCM DOES NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO PCM FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, PCM AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OR OUTSIDE OF THE SITES. NOR DOES PCM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITES, ANY PRODUCTS OR SERVICES OFFERED OR SOLD THROUGH THE SITES, OR ITS CONTENT.

ALTHOUGH PCM STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, PCM DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THE SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, PCM DOES NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.

PCM DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT THE CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED. TO THE EXTENT ALLOWED BY LAW, PCM DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT EXPLICITLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

The terms of this section apply to the extent permitted by law and survive any termination of the Terms and Conditions.

Limitations on Liability

PCM EXCLUDES ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL PCM OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THE SITE; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITE; (IV) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THIS AGREEMENT/TERMS AND CONDITIONS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF PCM OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PCM’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST 90 DAYS TO PCM FOR ANY PRODUCTS SUPPLIED BY PCM THROUGH YOUR USE OF THE SITES OR OTHERWISE.

PCM WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.

THESE EXCLUSIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE UNITED STATES OF AMERICA. IF ANY PROVISION OR PART-PROVISION OF THESE TERMS AND CONDITIONS SHALL BE INVALID, UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE IT SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS OF THESE TERMS AND CONDITIONS.

The terms of this section survive any termination of the Terms and Conditions.

International Users

The Site is controlled, operated, and administered by PCM from its offices within the United States of America. PCM makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the Site are illegal is prohibited. You may not use the Site or export the content or products in violation of U.S. export laws and regulations. If you access the Site from a location outside of the United States, you are responsible for compliance with all local laws.

Service Providers, Business Partners, and Others

PCM may use certain trusted third-party companies and individuals to help us provide, analyze, and improve services (including, but not limited to, data storage, maintenance services, database management, web analytics, payment processing, and improvement of the Service’s features). These third parties may have access to your information for purposes of performing these tasks on our behalf and under obligations similar to those in this Privacy Policy. As of the date this policy went into effect, PCM uses Amazon’s S3 storage service to store some of your information (for example, your files). You can find more information on Amazon’s data security from the S3 site.

Information Sharing and Disclosure by Us (Do Not Sell My Information)

PCM does not sell personal information to third parties.

If you are a California resident, our default cookie settings may constitute a sale of personal information. You can change your cookie settings under the Cookies section above.

Termination

Notwithstanding any of these Terms and Conditions, PCM reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use the Site and to block or prevent future access to and use of the Site. You agree that PCM shall not be liable for any termination of your use of or access to the Sites.

Third-party rights

Only you and PCM shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions.

Language

It is the express intent of the parties that the Terms and Conditions and all related documents have been drawn up in English.

DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS

Disputes. The terms of this Section shall apply to all disputes between you and PCM. For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and PCM arising under or relating to the Products, the Site, this Agreement, or any other transaction involving you and PCM, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND PCM AGREE THAT “DISPUTE” AS DEFINED IN THIS AGREEMENT SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR PCM FOR (A) TRADE SECRET MISAPPROPRIATION, (B) PATENT INFRINGEMENT, (C) COPYRIGHT INFRINGEMENT OR MISUSE, AND (D) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in this Agreement, you agree that a court, not the arbitrator, may decide if a claim falls within one of these four exceptions.

Binding Arbitration. You and PCM further agree: (a) to arbitrate all Disputes between the parties pursuant to the provisions in this Agreement; (b) this Agreement memorializes a transaction in interstate commerce; (c) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Section; and (d) this Section shall survive termination of this Agreement. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award you the same damages as a court sitting in proper jurisdiction could, and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties.

Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court.

Dispute Notice. In the event of a Dispute, you or PCM must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice“). The Dispute Notice to PCM must be addressed to: Prescription Care Management, 4790 Caughlin Parkway, #396 Reno, NV 89519 (the “PCM Notice Address“). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If PCM and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or PCM may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.

WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND PCM AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING.

Arbitration Procedure. If a party elects to commence arbitration, the arbitration shall be governed by the rules of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”), available at http://www.jamsadr.com or by calling 800-352-5267 and under the rules set forth in this Agreement, except that JAMS may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. If there is a conflict between the JAMS Rules and the rules set forth in this Agreement, the rules set forth in this Agreement shall govern. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to federal, state, or local laws. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of this Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. Notwithstanding this broad delegation of authority to the arbitrator, a court may determine the limited question of whether a claim or cause of action is for (a) trade secret misappropriation, (b) patent infringement, (c) copyright infringement or misuse, or (d) trademark infringement or dilution, which are excluded from the definition of Disputes as stated above. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in a location reasonably accessible from your primary residence, or in Washoe County, Nevada, at your option.

(a)Initiation of Arbitration Proceeding. If either you or PCM decides to arbitrate a Dispute, we agree to the following procedure:

(i)Write a Demand for Arbitration. The demand must include a description of the Dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at http://www.jamsadr.com (“Demand for Arbitration“).

(ii)Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to:

3800 Howard Hughes Pkwy

11^th Floor

Las Vegas, NV 89169

(iii)Send one copy of the Demand for Arbitration to the other party at the same address as the Dispute Notice or as otherwise agreed to by the parties.

(b) Hearing Format. In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by PCM or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or PCM is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.

(c) Arbitration Fees. The parties shall be responsible for their individual arbitration fees.

Amendments to this Section. Notwithstanding any provision in this Agreement to the contrary, you and PCM agree that if PCM makes any future amendments to the dispute resolution procedure and class action waiver provisions (other than a change to PCM’s address) in this Agreement, PCM will notify you and you will have thirty (30) days from the date of notice to affirmatively opt-out of any such amendments. If you affirmatively opt out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in this current Agreement, without any of the proposed amendments governing. If you do not affirmatively opt out of any future amendments, you will be deemed to have consented to any such future amendments.

Nevada Law.  The parties agree that a trier of fact will apply Nevada law to any dispute arising from this agreement.

Exclusive Venue for Other Controversies

PCM and you agree that any controversy excluded from the dispute resolution procedure in this Agreement (other than an individual action filed in small claims court) shall be filed only in the Second Judicial Court of Nevada, Washoe County, or the United States District Court for the District of Nevada, and each party hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts for any such controversy.

General

The Terms and Conditions constitute the entire agreement between PCM and you with respect to your use of the Site, your purchase of services through the Site, and as applicable, any products or services of PCM. Any cause of action you may have with respect to the Site or PCM’S products or services must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. The section titles used in the Terms and Conditions are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms and Conditions will be construed as creating a joint venture, partnership, employment, or agency relationship between you and PCM, and you do not have any authority to create any obligation or make any representation on PCM’s behalf. You may not assign or transfer any rights or obligations of these Terms and Conditions, by operation of law or otherwise, without PCM’s written consent. Subject to the foregoing, these Terms and Conditions will be binding on, inure to the benefit of, and be enforceable against you and PCM and their respective successors and assigns.

The terms of this section survive any termination of the Terms and Conditions.

Severability

 If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of this Agreement remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of the Terms and Conditions.

Other important terms

These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. PCM may assign, transfer, or subcontract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms and Conditions shall operate as a waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed to by PCM in writing.