Terms of Use
BEFORE USING THIS WEBSITE FOR ANY PURPOSE, PLEASE CAREFULLY READ THESE TERMS AS YOU ARE BOUND TO EACH OF THEM:
By using the PI Made Easy, LLC. (PIME) website (the “Site”) or any content, documents, PIME applications or application plug-ins, or services, “how to’s” and self-help education offered by PIME (“Content, Applications & Services”), you agree to follow and be bound by these terms of use (the “Terms of Use”) and agree to comply with all applicable regulations and laws, including any United States export and re-export control laws and regulations. In these Terms of Use, the words “you” and “your” refer to each customer, Site visitor, member, or Content & Applications user, “we”, “us” and “our” refer to PIME and “Services” refers to all services, content, and documents provided by or through PIME.
It is your sole responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to any of these Terms of Use, please do not use this Site or any Content, Applications & Services. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact our Customer & Member Care Center.
YOU AGREE THAT BY USING THE SITE, ANY CONTENT, APPLICATIONS & SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
These Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
Please refer to these PIME Terms of Service, and Privacy Policy, each of which is incorporated herein by reference in their entirety.
PIME’s online presence provides marketing for it’s oustrource services (“PIMEOutsource” or “PIMEO”) as well as an educational website (www.MedicalLienRecovery.com) along with an educational member-based (“free” and “paid” memberships”) portal (PIMadeEasy.com, “PIMadeEasy” or “PersonalInjuryMadeEasy”) (collectively “PIMadeEasy”) to give visitors a general understanding of the personal injury and medical lien area and to provide education, resources tools and forms for potential use by individuals and businesses who choose to handle their own medical lien recovery services in the personal injury (non-worker’s compensation) area. Customer need not download or even license PIME software. PIME hosts third party software as a backend service for customers to review much of the Content, Applications and Services. The Site includes general information on commonly encountered issues in the medical lien area. Customers can use the PIME self-help educational portal and services to do-it-themselves; or, can retain PIME as an outsource third party service to handle medical lien recovery issues and negotiations (in states where PIME offers such services). At no time does PIME review any aspect for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, defenses, options, remedies, selection of forms, services, processes, or strategies, or apply the law to the facts of your particular situation. PIME is not a law firm and may not perform services performed by an attorney such as filing a lawsuit or your behalf or representing you in a legal capacity. PIME, its Content, Applications & Services, and its forms, tools, resources and “how to’s”, are not a substitute for the advice or services of an attorney, health care or fee expert, and/or business consultant and you are advised to seek the legal advice of an attorney, the medical advice of a health care or fee expert, and the business advice of a business consultant in your own state and local area.
It is within PIME’s sole discretion to reject or accept any subscription or membership application for any reason, or no reason at all. Likewise, it remains within PIME’s sole discretion to continue or cancel any subscription or membership for any reason or no reason at all.
PIME strives to keep its Content, Applications & Services, including forms, tools, resources and “how to’s”, accurate, current and up-to-date. However, because good business practices, law and health care regulations change rapidly, PIME cannot, and does not, guarantee that all of the information on the Site, Applications &/or Services is completely current or sufficient. The laws and health care regulations are different from jurisdiction to jurisdiction, and federally, and may be subject to interpretation by different courts and administrative bodies. Good business practices and the law and health care regulations are a personal matter, and no general information or tool or “how to” like the kind PIME provides can fit every circumstance or even your circumstance exactly. Furthermore, the legal information contained on the Site, Applications or in the Services is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal, health care, or business advice for your specific problem, or if your specific problem is too complex to be addressed by PIME’s Content, Application & Services, including the forms, “how to’s” and tools, you should consult a licensed attorney, licensed health care or fee expert, or business consultant in your area immediately, depending upon your unique circumstances.
PIME may make certain documents available to you from the Site as part of your paid subscription (“Subscription Documents”), and other documents without a paid subscription (“Public Documents”)(collectively “Documents”). From time to time, PIME may perform certain access services and introduce our visitors to specialists such as medical coding experts, medical fee experts, personal injury medical practice specialists, and attorneys, through various methods, including but not limited to (i) PIME portal courses, webinars, and other educational content, (ii) third party directory listings; (iii) site and/or email sponsorships, advertisements, or special offers/discounts for certain services or offerings, and (iv) third party limited scope agreements. At no time is an attorney-client, medical expert-client, business or medical consulting, or other professional relationship fostered or created with PIME or any of PIME’s employees or staff through the performance of any such services.
This Site, Applications & Services are not intended to create any attorney-client relationship, health care or fee expert-client relationship, business consulting expert, or any other professional relationship, and your use of PIME does not and will not create any such relationship between you and PIME. Instead, by taking advantage of the educational services of the PIME online self-help portal, you are and will be representing yourself in any matter, legal, medical, business or otherwise, that you undertake using the Content, Applications & Services in any and all respects.
- Privacy Policy. PIME very much respects your privacy and permits you to control the treatment of your personal information. A complete statement of PIME’s current Privacy Policy can be found by clicking here. PIME’s Privacy Policy is expressly incorporated into this Agreement by this reference in its entirety.
When you open an account to use or access certain portions of the Site Content, Applications & Services, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. Only you are allowed access and you shall not assign or allow another to have access using your identity at any time. You may not use any third party’s account, user name or password at any time, directly or indirectly. You agree to notify PIME immediately of any unauthorized use of your account, user name or password. PIME is not, and shall not be, liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by PIME, PIMadeEasy members, our affiliates, officers, advisors, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.
In connection with the use of certain Site Content, Applications & Services, you may be asked to provide personal information in a questionnaire, application, form, survey or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant PIME a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable Content, Application & Service. You may revoke this license and terminate rights held by PIME at any time by terminating your relationship with PIME and removing your personal information from the applicable service.
- Ownership. This Site Content, Applications, Video Broadcasts & Services are owned and operated by PIME. All right, title and interest in and to Site Content, Applications & Services including the materials, forms, resources, tools and “how to’s” provided within the Site Content, Applications & Services, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by PIME or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by PIME, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of PIME’s intellectual property rights, whether by estoppel, implication or otherwise. If you have any questions about obtaining such licenses, please see the “Legal Contact Information” below. PIME does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by PIME. Any rights not expressly granted herein are expressly reserved by PIME.
From time to PIME with broadcast video conference seminars which include subscriber participation. PIME shall own all right, title and interest to the broadcasts. By virtue of participation in these video conference broadcasts, Subscribers and all other participants willingly and knowingly consent to the waiver of their personal right to control their image, likeness, and statements published during these video conference broadcasts, and waive their rights afforded by Section 3344 of the California Civil Code enabling PIME to republish and rebroadcast any video conference seminars which includes the likeness, image and statements of any of the participants.
- Limited Permission to Download. PIME grants you limited permission to download, view, copy and print the Materials on any single, stand-alone computer (or, for group users such as Microsoft Agave users, one copy of the Application on up to five devices affiliated with your Marketplace Windows Live ID account) solely for your personal, informational, non-commercial use, provided that (i) where provided, the copyright and trademark notices appearing on any Materials are not altered or removed in whole or in part, (ii) the Materials are not used on any other website or in a networked computer environment or multi-device virtual private network (VPN); and (iii) the Materials are not modified in any way, except for authorized editing of downloadable forms for personal use. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. Immediately upon any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site or Applications may violate copyright laws, trademark laws, laws of privacy and publicity and communications statutes and regulations.
- Links to Third Party Sites & PIME Resource Documents. The PIME Site Content, Applications & Services may contain links to websites controlled by third parties other than PIME (“Third Party Site”). The portal also contains a resources section containing articles, forms, tools and various documents, some created by PIME and others created by Third Parties. PIME works with a number of affiliates and partners whose sites may be linked with PIME. PIME may also provide links to other citations or resources, or actual resource documents, with whom it is not affiliated. PIME is not responsible for and does not endorse or accept any responsibility for the products, services, availability, contents, webcasting or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites, or the resources documents of third parties. PIME makes no guarantees about the quality or content of the articles, information, documents, forms, products or services provided by any Third Party Site. PIME provides these links or resource documents to you only as a convenience, and the inclusion of any link does not imply endorsement or guarantee by PIME of the Third Party Site, nor does it imply that PIME sponsors, is associated or affiliated with, or is legally authorized to use any trade name, logo, registered trademark, or copyrighted symbol that may be reflected in the links or resource documents. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and resource documents and agree that PIME is not responsible for any loss or damage of any sort you may incur arising from any visit or use of any Third Party Site or resource document. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any Third Party Site or any resource document.
- Use of “How To’s”, Forms, Tools, Resources & Services. Using our Site Content, Applications & Services, and through certain partners and affiliates, PIME offer’s self-help forms, tools, resources and services. If you use or buy a “how to”, form, tool, resource or service from one of our partners or affiliates, you will be directed to that partner’s or affiliate’s website and their terms of use will control for that specific form or service. If you buy or download a “how to”, form, tool, resource or service on or from the Site Content, Applications & Services, the terms and conditions of these Terms of Use control. You understand that your purchase, download, and/or use of a form, tool, resource or service is neither legal nor medical advice nor the practice of law nor medicine, and that each form and any applicable instructions or guidance is not customized to your particular needs.
- Limited License to Use.
PIME grants you a personal, limited, non-exclusive, non-transferable license to use PIME’s “how to’s”, forms, resources and tools for your own personal, internal business use, or if you are a professional, for one of your clients only and not offered to others for any service offering of any kind. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reverse engineer, enhance, alter, reproduce, create derivative works of, or in any way exploit any of the “how to’s”, forms, resource and/or tools in any manner, except for modifications in using the “how to’s”, forms, resources and/ortools for your limited authorized use. You shall not remove any copyright notice from any “how to”, form, tool or resource.
- Resale or providing to others for free or barter of “How To’s”, Forms, Tools and/or Resources is expressly Prohibited.
By ordering or downloading “How to’s”, forms, tools and/or resources you agree that you purchased or downloaded them only for your personal or business use or used by you in connection with only one of your clients and may not be sold or redistributed or use for other clients or offices without the express prior written consent of PIME.
- PIME IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL ADVICE. PIME provides a platform for legal information and self-help. The information provided by PIME along with the content on our website related to legal matters (“Legal Information”) is provided for your private use and does not constitute legal advice. We do not review any information you provide us for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your selection of forms, or apply the law to the facts of your situation.
If you need legal advice for a specific problem, you should consult with a licensed attorney. Neither PIME nor any Legal Information provided by PIME is a substitute for legal advice from a qualified attorney licensed to practice in an appropriate jurisdiction. As PIME is not a law firm, please note that communications between you and PIME may not be protected as privileged communications under the attorney-client privilege or work product doctrine. Also, if you use the Chat Group feature, the communications between you and the PIME and other subscribers may not be protected as privileged communications under the attorney-client privilege or work product doctrine.
Your use of the Services does not create an attorney-client relationship between you and PIME, or between you and any PIME representative. Unless you are otherwise represented by an attorney, you represent yourself in any legal matter you undertake using our Documents.
PIME recommends Subscriber consult with their own healthcare and business attorneys prior to using anything from the website, and, when implementing any legal information, suggestions, forms and/or tools into practice.
- PIME IS NOT A MEDICAL PROFESSIONAL AND DOES NOT PROVIDE MEDICAL ADVICE. PIME provides a platform for legal information and self-help. The information provided by PIME along with the content on our website related to medical matters (“Medical Information”) is provided for your private use and does not constitute medical advice..
If you need medical advice, assistance, or treatment for a specific problem, you should consult with a licensed medical practitioner. Neither PIME nor any Medical Information provided by PIME is a substitute for medical advice from a qualified medical professional licensed to practice in an appropriate jurisdiction. As PIME is not a medical office or licensed physician, please note that communications between you and PIME may not be protected as privileged communications under the doctor-patient privilege. Also, if you use the Chat Group feature, the communications between you and the PIME and other subscribers may not be protected as privileged communications under the doctor-patient privilege.
Your use of the Services does not create an physician-patient relationship between you and PIME, or between you and any PIME representative.
PIME recommends Subscriber consult with their own healthcare provider prior to using anything from the website, and, when implementing any medical information, suggestions, forms and/or tools into practice.
- PIME IS NOT A CERTIFIED PUBLIC ACCOUNTANT OR LICENSED FINANCIAL PLANNER AND DOES NOT PROVIDE FINANCIAL ADVICE. PIME provides a platform for business and financial information for self-help purposes. The information provided by PIME along with the content on our website related to financial and business matters (“Business Information”) is provided for your private use and does not constitute certified or licensed financial advice. We do not review any information you provide us for accuracy or sufficiency, provide opinions about your business and fincancial decisions, or render financial or business decisions based upon the facts of your situation.
If you need business or financial advice for a specific problem, you should consult with a licensed certified public accountant or financial planner. Neither PIME nor any Business Information provided by PIME is a substitute for financial advice from a certified public accountant or licensed financial planner in an appropriate jurisdiction. Communications between you and PIME regarding business and financial decisions are not protected as privileged communications. Also, if you use the Chat Group feature, the communications between you and the PIME and other subscribers will not be protected as privileged communications.
Your use of the Services does not create a fiduciary relationship between you and PIME, or between you and any PIME representative.
PIME recommends Subscriber consult with their own certified public accountant or licensed financial planner prior to using anything from the website, and, when implementing any business or financial information, suggestions, forms and/or tools into practice.
- YOUR ACCOUNT. If you use this site or Service, you are responsible for maintaining the confidentiality of account information, credit card information, usernames, passwords and IDs that may be required to use the site and for restricting access to your computer or other devices. You further agree that you are responsible for all activity that occurs under or with the use of your Account Information (including, without limitation, usernames and password). You agree to notify PIME immediately of any unauthorized use of your account or password, or any other breach of security. PIME reserves the right in its sole discretion to refuse access to this site or the products and services provided through it, and usage rights, edit or remove content or submissions to this site and cancel orders or requests for materials made through this site.
- SPONSORS AND SPEAKERS. PIME and this site will highlight sponsors and speakers from time to time. Subscribers must be aware that PIME and this site do not take responsibility for the content or any advertisement, material or advice published on the site by a Sponsor or Speaker. Sponsors have paid financial consideration for their appearance on the web site. As with any advertiser, Subscribers must do their own research and due diligence before retaining the services of or purchasing goods from Sponsors and Speakers presented by PIME and this site.
- ALLEGED VIOLATIONS. PIME reserves the right to terminate your use of the Service and/or the Site. To ensure that PIME provides a high quality experience for you and for other users of the Site and the Service, you agree that PIME or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. PIME does not intend to disclose the existence or occurrence of such an investigation unless required by law, but PIME reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if PIME believes that you have violated any of the Terms of Use, furnished PIME with false or misleading information, or interfered with use of the Site or the Service by others.
- DISPUTE RESOLUTION BY BINDING ARBITRATION
Please read this carefully. It affects your rights. Also review Section 10. LIMITATION OF LIABILITY AND INDEMNIFICATION, below.
Summary:
Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our Customer & Member Care Center at (310) 651-6391. In the unlikely event that the PIME Customer Care Center is unable to resolve your complaint to your satisfaction (or if PIME has not been able to resolve a dispute it has with you after attempting to do so informally), the parties each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. While in some instances, upfront costs to file an arbitration claim may exceed similar costs to bring a case in court, for any non-frivolous claim that does not exceed certain limited jurisdictional amounts, PIME will pay all costs of the arbitration. Moreover, in arbitration you may recover attorney’s fees from PIME to the same extent or more as you would in court. The arbitrator shall apply the same limitations period that would apply in court.
Under certain circumstances (as explained below), PIME will pay you more than the amount of the arbitrator’s award and will pay your attorney (if any) his or her reasonable attorney’s fees if the arbitrator awards you an amount greater than what PIME offered you to settle the dispute.
You may speak with independent counsel before using this Site or completing any purchase.
Arbitration Agreement:
(a) PIME and you agree to arbitrate all disputes and claims between us before a single arbitrator located in Orange County, State of California. You agree to personal jurisdiction within the County of Orange, State of California. All arbitrated disputes shall be governed by California law excepting choice of law principles. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
- claims arising out of or relating to any aspect of the relationship between PIME and you, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
- claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);
- claims that are the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of these Terms.
For the purposes of this Arbitration Agreement, references to “PIME” “you,” and “parties” include our respective subsidiaries, affiliates, agents, employees, employers, business partners, shareholders, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us. Beneficiaries include, but are not limited to, those named in an estate planning document.
Notwithstanding the foregoing, either party may bring an individual action in small claims court located in Orange County, State of California. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and PIME are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to PIME should be addressed to: Notice of Dispute, General Counsel, PI Made Easy, LLC 751 South Weir Canyon Road, Suite 157, Anaheim, CA 92808 (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If PIME and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or PIME may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by PIME or you shall not be disclosed to the arbitrator.
You may download or copy a form to initiate arbitration from the American Arbitration Association (“the AAA”) website at https://www.adr.org.
(c) The arbitration procedure will be governed by the Consumer Arbitration Rules (the “AAA Rules”) of the American Arbitration Association, as modified by these Terms, for all claims under $75,000, and the applicable rules as determined by the AAA for all claims of or above $75,000, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. (You may obtain information about the arbitration process directed to non-lawyers, including information about providing notice to PIME as specified herein. The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide. Unless PIME and you agree otherwise, any arbitration hearings will take place in Orange County, State of California. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which PIME was a party. The parties shall pay equally all AAA arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), you agree to reimburse PIME for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek relief valued at more than $75,000 (excluding attorney’s fees and expenses), the payment of these fees will be governed by the AAA rules.
(d) The arbitrator may award 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. YOU AND PIME AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and PIME agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
(e) If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.
(f) Notwithstanding any provision in the applicable Terms to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.
- Additional Terms. Some PIME Services may be subject to additional posted guidelines, rules or terms of service (“Additional Terms”) and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms of Use will control.
- Reviews, Comments, Communications, and Other Content. At various locations on the Site or through Applications, PIME may permit visitors to post ratings, reviews, comments, questions, answers, and other content (the “User Content”). Contributions to, access to and use of the User Content is subject to this paragraph and the other terms and conditions of these Terms of Use. PIME will not disturb the ratings, reviews or comments of any Subscribers unless the content is:
- Inappropriate content: Expletives, cursing, threats, harassment, lewdness, hate speech, and other displays of bigotry.
- Promotional content: Promotional content on behalf of yourself or another will be removed.
- Relevance: If a review is not focused upon the Sponsor or Speaker’s services or goods, PIME reserves the right to remove statements regarding, political ideologies, religious beliefs, extraordinary circumstances, or other matters that don’t address the goods or services of the Sponsor or Speaker
- Privacy: Personal information or photographs of yourself or third parties will be removed.
- Intellectual property: Do not post content which you do not own. All infringing material will be removed in accordance with the takedown policy set forth herein.
- Media Rights and Rights of Publicity. From time to time, PIME and the site will host interactive online seminars and presentations, for example “Wine With Mike” and PIME Online Webinars and Conferences. PIME shall own all content from such transmitted interactive presentations webinars including participants’ name, image, likeness, voice and statements. Furthermore, by participating in such presentations and webinars, Subscribers waives, or otherwise relinquishes, his/her right of publicity, including California Civil Code section 3344, and consents to reproduction and distribution of the seminars and presentations including their name, image, likeness, voice and statements without any remuneration.
- Rights and Responsibilities of PIME.
PIME is not the publisher or author of the User Content. PIME takes no responsibility and assumes no liability for any content posted by you or any third party.
Although we cannot make an absolute guarantee of system security, PIME takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email for help.
If PIME’s technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, PIME reserves the right to delete those files or to stop those processes. If the PIME technical staff suspects a user name is being used by someone who is not authorized by the proper user, PIME may temporarily disable that user’s access in order to preserve system security. In all such cases, PIME will contact the member as soon as feasible.
PIME has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content.
- Rights and Responsibilities of PIME Users or Other Posters of User Content.
You are legally and ethically responsible for any User Content – writings, files, pictures or any other work – that you post or transmit using any PIME service that allows interaction or dissemination of information. In posting User Content, you agree that you will not submit any content:
- that otherwise violates these Terms of Use.
- that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Please see Compliance with Intellectual Property Laws below;
- that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising). Please see Compliance with Export Restrictions below;
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation. Please see Inappropriate Content below;
- that includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party;
- that includes information that references other websites, addresses, email addresses, phone numbers, or other contact information;
- that contains any computer virus, worms, or other potentially damaging computer programs or files;
- that is known by you to be false, inaccurate or misleading;
Professionals (attorneys, medical providers, billing or fee experts, business or other consultants) that submit User Content and provide advice do so at their own risk.
Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. In posting a work as User Content, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination.
You grant PIME a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you. You have the right to remove any of your works from User Content at any time.
You are not required to provide your real name when signing up as a user of PIME. PIME permits anonymous or pseudonymous accounts. Any user may request that such member’s email address be hidden to provide for additional privacy.
Ratings and reviews will generally be posted in two to four business days.
By submitting your email address in connection with your rating and review, you agree that PIME may use your email address to contact you about the status of your review and other administrative purposes.
- NO WARRANTY. THE SITE, APPLICATIONS & SERVICES, INCLUDING ALL HOW TO’S, FORMS, TOOLS, RESOURCES, SERVICES AND INFORMATION PROVIDED ON OR THROUGH YOUR USE OF THE SITE, APPLICATIONS & SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, PIME EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
PIME MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS &/OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS &/OR SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, &/OR SERVICES OFFERED THROUGH THE SITE OR APPLICATIONS OR SERVICES, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OR RELIABILITY OF ANY HOW TO, FORM, TOOL, RESOURCE, RECOMMENDATION, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, &/OR SERVICES WILL MEET YOUR EXPECTATIONS OR NOT CAUSE YOU FINANCIAL HARM.
OBTAINING ANY INFORMATION, PROCESS, HOW TO, DOCUMENTS, OR MATERIALS OR ANY KIND OR NATURE THROUGH THE USE OF THE SITE, APPLICATIONS &/OR SERVICES IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. PIME SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
THIS DISCLAIMER OF WARRANTY DOES NOT APPLY TO THE PURCHASE OF PRODUCTS OR SERVICES BY NORTH CAROLINA CONSUMERS.
- LIMITATION OF LIABILITY AND INDEMNIFICATION. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD PIME AND ITS OFFICERS, DIRECTORS, EMPLOYEES, ADVISORS AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF PIME HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF PIME, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
- LIMITATION OF DAMAGE CLAIMS. ANY AND ALL CLAIMS FOR DAMAGES AND INJUNCTIVE RELIEF ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY OR TORTIOUS CONDUCT MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE OF THE FIRST DAMAGE SUSTAINED BY THE SUBSCRIBER.
- Unsolicited Submissions. Except as may be required in connection with your use of PIME Services, PIME does not want you to submit confidential or proprietary information to us through this Site or any Applications. All comments, feedback, information or material submitted to PIME through or in association with this Site shall be considered non-confidential and PIME’s property. By providing such submissions to PIME you hereby assign to PIME, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. PIME shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
- Compliance with Intellectual Property Laws. When accessing PIME or using the Site Content, Applications & Services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your PIME user account.
PIME has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of PIME or of a third party or that violate intellectual property rights generally. PIME’s policy is to remove such infringing content or materials and investigate such allegations immediately.
Copyright Infringement:
- PIME has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. PIME has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed the rights of PIME or of a third party, or otherwise violated any intellectual laws or regulations. PIME’s policy is to act expeditiously upon receipt of proper notification of claimed copyright infringement to remove or disable access to the allegedly infringing content. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want PIME to delete, edit, or disable the material in question, you must provide PIME with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit PIME to contact you, such as an address, telephone number, and, if available, email address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above written information must be sent to our registered Copyright Agent:
General Counsel
c/o PI Made Easy, LLC.
751 South Weir Canyon Road, Suite 157,Anaheim, CA 92808
mailto:mcoates@pimadeeasy.com
- Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent: (1) Your physical or electronic signature; (2) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Austin, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, PIME may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at PIME’s sole discretion.
- Inappropriate Content. When accessing the Site, any Applications, or using PIME’s Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. PIME reserves the right to terminate or delete such material from its servers. PIME will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
- Compliance with Export Restrictions. You may not access, download, use or export the Site Content, Applications & Services in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
- Prohibited Uses. The site is made available for your personal use on your own behalf. PIME imposes certain restrictions on your permissible use of the Site, Subscription Documents, and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by PIME in providing the Site or Service; (g) sharing your unique password and user identification with any third parties; or (h) failing to identify multiple users of site on behalf of subscriber or multiple offices owned or operated by subscriber, (i) sharing Subscription Documents with third parties or through social media, or (j) expanding the number of users on a subscription without paying the necessary license fee for additional users.. Any violation of system or network security may subject you to immediate termination of site access, civil and/or criminal liability.
If you download Documents from the Site, the Documents, including all images contained in the documents (collectively, “Documents”) are deemed to be licensed to you by PIME, for your personal use only during the term of your subscription to the site. PIME does not transfer either the title or the intellectual property rights to the Documents, and PIME retains full and complete title to the Documents as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Documents. You may not continue to use any Subscription Documents or forms from the site after the termination of your subscription.
- Children. Minors are not eligible to use the Site Content, Applications or Services and PIME’s asks that they do not submit any personal information to PIME or the Site.
- Non-English-Speaking Customers. Certain materials on the PIME Site, including forms and “how to’s”, are only available in English. Non-English translations of these Terms, as well as other terms, conditions, and policies, if provided, are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.
- Customers Needing Extra Assistance. PIME aims to provide full access to its website and product offerings regardless of disability. If you are unable to read any part of the PIME website, or otherwise have difficulties using the PIME website, please call (310) 651-6391and our Customer & Member Care team will assist you.
- Governing Law; Venue. Any legal action or proceeding relating to your access to or use of the Site Content, Applications & Services is governed by the Arbitration Agreement contained in paragraph 6 of these Terms of Use. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site or an Application. Any legal proceeding shall be governed by California law exclusive of choice of law principles. All legal proceeds including arbitration shall take place in the County of Orange, State of California.
- Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright © PI Made Easy, LLC ALL RIGHTS RESERVED.
- Trademarks. PI Made Easy, LLC,. and all logos, custom graphics, images, product names, service names, and all page headers, and button icons are service marks, trademarks and/or trade dress of PIME. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
- Ownership. All content included on this site, including, without limitation, text, graphics, images, designs, artwork, photographs, logos, trademarks, audio or video clips, digital downloads, data compilations and software, is the property of, or licensed to, Company or is the property of Company’s content suppliers or licensors and protected by the laws of the United States and other countries and international treaties. The compilation of all content of this site is the property of Company and is protected by the laws of the United States and other countries and international treaties. You are advised that Company will aggressively enforce its intellectual property rights to the fullest extent of the law, which may include the seeking of criminal prosecution.
- Use of Testimonials and Endorsements. The testimonials and endorsements on the Site are those respective person’s or entities opinions, none of which provides a guarantee of results, and all circumstances including yours will be unique and are not exactly comparable.
- No Guarantee of Results; Results will Vary. PIME doesn’t guarantee any results of any kind using its Site Content, Applications & Services. Results will vary, as each business and person is unique as are often the particular circumstances involved. Each is unique and not exactly comparable.
- Inquiries. BY USING PIME’S SITE CONTENT, APPLICATIONS & SERVICES, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR EMAIL OR TELEPHONE NUMBER TO PIME VIA THE PIME SITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO PIME, AND THAT PIME MAY CONTACT YOU AT THE EMAIL AND/OR NUMBER SUBMITTED EVEN IF SUCH EMAIL OR NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS.
- Right to Refuse and Terminate. You acknowledge that PIME reserves the right to refuse service to anyone and to terminate user access at any time.
Company reserves the right, in its sole discretion, to terminate your access to the Services and Subscription Documents, for any reason and at any time without prior notice. For example, we may suspend or terminate your use of the Services or Subscription Documents if you are not complying with these Terms, or if you are using the Services or Subscription Documents in a manner that would expose us to legal liability, disrupt the Services or disrupt others’ use of the Services.
If Company elects to terminate your account, Company will provide you with notice at your registered email address. Company also reserves the right to modify or discontinue, either temporarily or permanently, any part of its Services with notice. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of your membership in the Services.
If Company elects to terminate your account, your license to utilize all Documents downloaded from the site is also terminated. Continued use of Documents after termination of your subscription will subject you to claims of PIME infringement and potential monetary damages and equitable relief.
- Notice; Electronic Communications. When you visit this site, send emails to PIME, or when we post notices on our site or services or communicate with you via email, you are communicating with us electronically. This section informs you of your rights when receiving electronic communications from us. By accessing and using the site, you consent to receive communications from us electronically. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with PIME.
We may also use your email address to send you other messages, such as changes to features of our service, newsletters, and additional email messages about our products, services, contests, and promotions that we feel may be of interest to you. If you no longer wish to receive these types of promotional communications from us, please send an email to PIME@EMAIL ADDRESS with subject line: UNSUBSCRIBE. Opting out may prevent you from receiving email messages regarding special offers, improvements, or other updates.
Please keep us informed of any changes in your email address so you may continue to receive our communications without interruption.
- Integration Clause. These Terms of Use and the Supplemental Terms of Service for Subscriptions and Third-Party Services constitute the entire agreement between you and PIME, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
- Acknowledgement. BY USING PIME’S SERVICES OR ACCESSING THE PIME SITE, APPLICACTIONS OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
Updated: May 1, 2022