Last Revised: January 22, 2024
Preferred Medical Marketing Corporation (“PMMC”, “we”. “us”) owns and operates this website www.pmmconline.com as well as other websites (each, a “Site”) that make reference to these Terms and Conditions of Use (“Terms).
1. Acceptance of Terms
By accessing or using the Site, whether as a guest or registered user, you agree to these Terms. If you do not agree with any of these Terms, do not access or use the Site.
2.Changes to Terms
PMMC reserves the right to make changes to the Site and these Terms at any time without notice. The “Last Revised” date above indicates the date these Terms were last changed.
3. Age Restrictions
This Site is for general business purposes and is a general audience site. We do not intend any part of the Site to be used by those under the age of 13. As such, use by those under 13 years of age is expressly prohibited. If you use this Site, you affirm that you are at least 18 years of age. If you believe your child has provided us with personal information, please contact us.
4. Intellectual Property Rights
Material from the Site may not be copied, distributed, republished, uploaded, posted, or transmitted in any way, without the prior written consent of PMMC; provided, however, that you are permitted to download one copy of the material on one computer for your personal use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Modification or use of the materials for any other purpose violates the intellectual property rights of PMMC. The material on this site is provided for lawful purposes only. Neither title nor intellectual property rights are transferred to you, but remain the property of PMMC, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form.
5. Copyrights and Trademarks
The PMMC Logo is a trademark of PMMC. All rights are reserved. All other logos are registered trademarks of their pertinent corporations, partnerships, or other legal entities. All persons and situations portrayed are professional models within simulated scenarios and are used for illustrative purposes only. Certain concepts, objects, locations, equipment, facilities, and /or architectural depictions may be fictional and/or symbolic. Some copyrights and trademarks have been provided by third parties and/or used under license.
6. Links to Third-Party Sites
The Site may contain links to other sites not owned or operated by PMMC (“Third-Party Sites). These links are provided solely as a convenience to you. PMMC has no control over Third Party Sites. If you decide to access any Third-Party Sites, you do so at your own risk. You acknowledge and agree that PMMC is not liable, directly, or indirectly, for any damage or loss caused by or in connection with the use of a Third-Party Site. The inclusion of any link to external websites does not imply endorsement by PMMC of the websites, the entities they purport to represent, or any service or product offered or promoted therein.
7. Linking to the Site
You may link to the Site, pmmconline.com, only if you comply with the requirements for linking to the Site. Linking to the Site indicates you accept these terms and will abide by the requirements below. If you do not agree to these terms, do not link to the site.
You may link to a Site if you:
a. Do not establish a link that in any way suggests an association or endorsement without prior written consent.
b. Do not use any of the PMMC trademarks or service marks without prior written consent.
c. Do not present misleading or inaccurate information in reference to PMMC, its products, or services.
d. Do not link to the Site in a way that violates applicable laws.
8. Limitations of Liability
To the fullest extent permitted under applicable law, PMMC will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. PMMC will not be liable for any damages or injury, including but not limited to, incidental, special, punitive, or consequential damages that result from the use of, or the inability to use, the materials in this Site, even if there is negligence or PMMC or an authorized PMMC representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. PMMC total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to access this Site.
To the fullest extent permitted under applicable law, You agree to defend, indemnify, and hold harmless PMMC, its affiliates or subsidiaries, officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and any other policy in connection with the Sites.
In order to access certain sections of the Sites, PMMC may ask you to submit your information. You agree to provide accurate, current, and complete information during this process.
12. Special Postings
The PMMC Site may, from time to time and at its own discretion, post notices in any part of its Site. Such notices may reflect temporary opportunities, promotions, and/or employment positions. PMMC reserves the right to terminate, cancel, remove and/or suspend the effect of any such posting without notice. Promotions and/or special opportunity postings may have been awarded and/or suspended (temporarily or otherwise) before this page is updated to reflect such actions. Employment positions postings may have been filled and/or suspended (temporarily or otherwise) before this page is updated to reflect such actions. Special postings are generally listed in order of appearance.
13. Prohibited Use
Any use or attempted use of the Sites (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party's use and enjoyment of the Sites, or (iv) to gain unauthorized access to any Submissions, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by PMMC to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by PMMC, or (vii) any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Sites, you agree you will not:
- 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 otherwise objectionable, or that may invade another's right of privacy or publicity;
- Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any PMMC representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- 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);
- Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
- Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
- Use the Sites’ communication features in a manner that adversely affects the availability of its resources to other users (e.g., flooding continuous posting of repetitive text or denial of service attacks);
- Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;
- Violate any applicable local, state, national or international law;
- Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
- Delete or revise any material posted by any other person or entity;
- Manipulate or otherwise display the Sites by using framing, mirroring or similar navigational technology or directly link to any portion of the Sites other than the main homepage, in accordance with the Limited License and Access Rights outlined above;
- Probe, scan, test the vulnerability of or breach the authentication measures of, the Sites or any related networks or systems;
- Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Sites if you are not expressly authorized by such party to do so;
- Harvest or otherwise collect information about others, including e-mail addresses;
- Use any robot, spider, scraper, or other automated or manual means to access this Site, or copy any content or information on these Sites; or
- Sell or use any Content or information from the Sites for any commercial purpose or personal pecuniary gain.
14. Right to Monitor.
Except as described otherwise, all materials in the PMMC Site are made available only to provide information about PMMC. PMMC controls this Site from its headquarters in Charlotte, North Carolina, United States and makes no representation that these materials are appropriate or available for use in other locations. If you use this Site from other locations, you are responsible for compliance with applicable local laws. Some software from this Site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of ) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to everyone on the US Treasury Department's Specially Designated Nationals list, or (c) the US Commerce Department's Table of Denial Orders. If you download or use the contents of the Site, you represent and warrant that you are not located in, or under the control of, or a national or any such country or on any such list.
16. Disclaimer of Warranties
The material in this Site could include technical inaccuracies or typographical errors. PMMC may make changes or improvements at any time. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. PMMC DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PMMC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PMMC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, AUTHORSHIP OR OTHERWISE. YOU (AND NOT PMMC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
PMMC or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from all PMMC Sites, and (b) all related documentation and all copies and installations (together, the "Materials"). PMMC may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.
18. Electronic Communications.
19. Agreement & Severability
These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of North Carolina, United States, notwithstanding any principles of conflicts of law. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this Site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this Site. PMMC can revise these Terms at any time by updating this posting. PMMC products and services are available throughout the continental United States. However, the PMMC Site may describe products and services that are not available throughout the continental United States.
If you have questions about these Terms, please write to us at the following address:
15721 Brixham Hill Drive, Suite 460
Charlotte NC 28227
Attn: Legal Department