1. Acceptance of Terms and Conditions
Welcome to Pacermind, a service provided by Pacermind Education, LLC (“Pacermind”, “we” “our”, or “us”). These Terms and Conditions of Use ("Terms and Conditions") govern your use of and registration with Pacermind.com (the "Site") and may be updated by us from time to time. Company reserves the right, in its sole discretion, to modify this agreement at any time by posting a notice on the Site, or by sending you a notice via email or postal email. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the services following such notification constitutes your acceptance of the terms and conditions of this agreement as modified.
If you do not agree to the Terms and Conditions, please do not use the Site. If, at any time, any part of the Terms and Conditions is no longer acceptable to you, please immediately terminate your use of the Site.
2. Copyright and Use of Site Content
This Site and all the information it contains, including, but not limited to, articles, blogs, reports, press releases, opinions, text, guides, photographs, illustrations, trademarks, trade names, service marks and logos (collectively, the "Content"), is the property of Pacermind, and is protected from unauthorized copying and dissemination by U.S. Copyright law, trademark law, international conventions, and other intellectual property laws.
Pacermind permits links to Content on the Site. However, Pacermind is an organization committed to the highest professional standards. Therefore, Pacermind does not grant any license or other permission for links or other use of the Site or its Content if such use or link: (a) suggests that Pacermind promotes or endorses any third party’s causes, ideas, political campaigns, web sites, products or services, (b) copies, displays, disseminates or otherwise uses the Content without Pacermind express written consent, or (c) uses the Content for commercial purposes. Furthermore, Pacermind does not grant its consent for links to the Site where the linking party engages in any Prohibited Conduct (as described in these Terms of Use). We reserve the right to withdraw permission for any link at any time.
3. Subscriber Qualifications
Individual subscriptions to the Site are available only to persons who are at least 18 years of age. Minors may receive access keys or user id/passwords only in conjunction with an authorized adult subscription. Your right to use the Site is personal to you and cannot be transferred to any other person.
4. Membership and Billing
You can find the specific details regarding your membership with Pacermind at any time. Simply sign in to your Pacermind parent account, go to the My Account and click My Subscription to manage your account.
Your Pacermind membership may start with a free trial or special promotion. The free trial or promotion period of your membership may last for one week or more as otherwise specified during sign-up. You must have Internet access and a current valid credit card or debit card, or other accepted payment method to use our service.
5. Membership and Subscription Fees
By starting your Pacermind membership, you are expressly agreeing that we are authorized to charge you the membership fee associated with the type of membership (monthly or yearly) you chose during registration. You agree that we are authorized to charge you the membership fee at the then-current rate to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). Please note that prices and charges are subject to change without notice. As used in these Terms of Service, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method.
5.1. Monthly and Annual Memberships
We automatically bill your Payment Method each month or year on the renewal day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment. To avoid billing of the next membership fee, you must cancel your membership before it renews.
5.2. Cancellation and No Refund
You may cancel your Pacermind membership at any time, and cancellation will be effective immediately. You will continue to have access to the program until the end of current billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTH MEMBERSHIP PERIODS. You will have membership benefits till last day of billing period. To cancel, visit our website, login, click "Account Management" and then click "Subscription" on the left menu. There is a cancellation link "Cancel Subscription Before Next Billing". Follow the instructions for cancellation.
6. Prohibited Conduct
You may use the Site for lawful purposes only. You may not upload to, or distribute or otherwise publish through the Site, any Content that is any of the following:
• is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, or otherwise objectionable to Pacermind in Pacermind sole discretion;
• contains computer viruses, worms, moles or other contaminating or destructive elements;
• violates the rights of others, such as Content that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity;
• contains any false or misleading statement;
• contains advertising; or
• otherwise, violates any applicable criminal or civil law.
7. Content Management and Removal
Pacermind does not and cannot review generally the content posted by users of the Site ("Users' Content") and is not responsible for such Users' Content. However, Pacermind reserves the right to cancel your access to these areas and/or delete, move, or edit any Users' Content (including messages posted in any forum) that it may determine, in its sole discretion, violates the Terms of Use. You shall remain solely responsible for all Users' Content posted by you or by any other person using your account. Pacermind shall have the right, but not the obligation, to correct any errors or omissions in any Users' Content, as it may determine in its sole discretion.
Pacermind prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to [email protected] , giving a written statement that contains the following information:
1. an identification of the copyrighted work and/or intellectual property right claimed to have been infringed;
2. an identification of the allegedly infringing material on the Site that is requested to be removed;
3. your name, address, and daytime telephone number, and an e-mail address if available;
4. a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law;
5. a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and
6. the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right. Pacermind will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
8. Non-Endorsement
Pacermind does not represent or endorse the accuracy or reliability of any users' content displayed, uploaded, posted on any message board, or otherwise distributed through the Site by any subscriber, information provider or any other third party. Pacermind expressly disclaims any liability related to Users' Content, and you acknowledge that any reliance upon such subscriber content shall be at your sole risk.
The Site may contain links to sites on the Internet that are owned and operated by third parties (the "External Sites"). You acknowledge that Pacermind is not responsible for the availability of, or the content or software applications located on or through any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or external sites.
9. Modification to Service
Pacermind reserves the right at any time and from time to time to modify or temporarily discontinue the Service (or any part thereof) with or without notice. You agree that Pacermind shall not be liable to you or to any third party for any modification, suspension or temporary discontinuance of the Service. In the event of permanent discontinuance of the Service, liability is limited to the paid subscription price, pro-rated to the amount of time remaining on the subscription.
10. Access to and Availability of the Site
The Site may become unavailable to you as a result of maintenance, malfunction of computer hardware or software, or for other reasons, and may result in damages to your systems or operations. You shall be solely responsible for ensuring that any information or content obtained from the Site does not contain any virus, worm, mole or other computer software code or subroutine designed to disable, erase, impair or otherwise damage your systems, software, or data.
11. Restriction, Suspension or Termination
Pacermind reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Site at any time for any reason without prior notice or liability and without any obligation to refund any portion of fees paid for any product or service. Pacermind may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any Site feature, database, or content, without prior notice or liability.
12. Special admonitions for international use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
13. Disclaimer of Warrantees
THE SITE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER Pacermind, THIRD PARTY CONTENT PROVIDERS NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED THROUGH THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. NEITHER Pacermind NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES Pacermind, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE CONTENT.
14. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL Pacermind NOR ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, PAST OR PRESENT OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES ATTORNEYS, LICENCORS OR INFORMATION PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF Pacermind, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
15. Indemnification
You hereby agree to indemnify, defend and hold Pacermind, and all of its predecessors, successors, parents, subsidiaries, affiliates, and past and present officers, directors, shareholders, investors, employees, agents, information providers, attorneys, representatives licensors and information providers (collectively, the "Pacermind Representatives") harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by Pacermind or any Pacermind Representative in connection with any claim arising out of any use or alleged use by you of this site or arising out of or in relation to any breach by you of the Terms and conditions, or the representations, warranties and covenants you made by agreeing to these Terms and Conditions. Pacermind reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate reasonably with Pacermind defense of such claim.
16. Entire Agreement
The Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.