GETPMD.COM TERMS OF USE
Getpmd.com (the "Site") is operated by Lifestyle Products Group ("LPG" or "Us" or "We"). Visitors and users of the Site shall be referred to herein as "You" or "Visitors." By using the Site, You agree to be bound by all of the terms in these Terms of Use (the "Agreement").
LPG reserves the right, in its sole discretion, to update or modify this Agreement at any time. Your continued use of the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. Please read this Agreement carefully and if You have any questions, please call 877-358-9957. In connection with your use of the Site, LPG hereby grants You a non-exclusive, non-transferable, limited right to access, use and display the Site for your personal, noncommercial use, provided that You comply fully with the provisions of the Agreement.
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About the Site. The Site offers information about the product, PMD System, and also provides You the opportunity to purchase the product. See Customer Care for terms of the product's Money Back Guarantee and return process.
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No Warranty/Limitation of Liability. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTIES WHATSOEVER. LPG, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS ("LPG PARTIES") MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO USE OF THIS SITE OR RELATED INFORMATION PROVIDED TO YOU BY LPG. LPG PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE AND MATERIALS FROM THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
YOU FURTHER AGREE THAT LPG HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF OR FAILURE TO STORE ANY CONTENT MAINTAINED BY OR TRANSMITTED THROUGH THE SITE.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR A THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OR INABILITY TO USE THIS SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL, EVEN IF LPG WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LPG PARTIES DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE. THE LPG PARTIES DO NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED AND ERROR FREE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE.
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Indemnification. You agree to indemnify, hold harmless and, at Our option, defend LPG Parties from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of this Site, your violation of this Agreement, or your infringement or use of any Intellectual Property Rights (as defined herein).
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Links. The Site may contain links to other Web sites. LPG does not control such other Web sites and is not responsible or liable for the availability thereof or the products, services or other materials contained on such Web sites. LPG shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by You in connection therewith. Your access and use of linked Web sites, including the products, services and materials therein, is solely at your own risk.
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Intellectual Property. You hereby agree and acknowledge that as between You and LPG, LPG owns all right, title and interest in and to this Site, including, without limitation, all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights. You acknowledge that all marks that appear throughout the Site belong to LPG, or the respective owners of such marks, and are protected by applicable trademark and copyright laws. Any use of any of the marks appearing throughout the Site without the express written consent of LPG or the owner of the mark, as appropriate, is prohibited.
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Privacy Policy. Information collected through the Site will be used in accordance with our Privacy Policy. By accepting the terms of this Agreement, You hereby acknowledge that You have read and understand the Privacy Policy and agree to its terms.
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Severability/Waiver. In the event any provision of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein. The failure by us to exercise rights granted to us hereunder upon the occurrence of any violations set forth in this agreement shall not constitute a waiver of such rights upon the recurrence of such violation.
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Modifications/Termination. LPG reserves the right at any time to modify, suspend or permanently discontinue the Site, or any portion thereof, with or without notice. You hereby agree that LPG shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Site. If You become dissatisfied with this Site in any way, your only recourse is to immediately discontinue such use.
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Arbitration. All legal issues arising from or related to the use of this Site shall be construed in accordance with the laws of the Commonwealth of Virginia applicable to contracts entered into and wholly to be performed within Virginia. Any controversy or claim arising out of or relating to this Agreement or your use of the Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of another party. The arbitration shall be conducted in Virginia and judgment on the arbitration award may be entered into in any state or federal court in Virginia having jurisdiction thereof. Notwithstanding the applicable law on statute of limitations, demand for arbitration with the AAA must be filed within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. (If applicable law prohibits a one-year limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law.) The use of this Site and the terms of this Agreement shall be governed exclusively by the laws of the Commonwealth of Virginia and the Federal Arbitration Act, without regard to conflict of laws provisions. By using the Site and thereby agreeing to the Agreement, You hereby consent to the personal jurisdiction and venue in the state and federal courts sitting in the Commonwealth of Virginia. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED.
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Third Party Disputes. If there is a dispute between You and any third party, You understand and agree that LPG is under no obligation to become involved. In the event that You have a dispute with one or more other third parties, You hereby release LPG Parties from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Site. If You are a California resident, You waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
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Assignment. We may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees.
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Entire Agreement. This Agreement constitutes the entire agreement between you and Us relating to the subject matter herein.
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Feedback. If you have comments on the Site or ideas on how to improve it, please e-mail PMD@Lifestyleproductsgroup.com. Please note that by doing so, You also grant LPG permission to use and incorporate your ideas or comments into the Site without compensation.
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Customer Service. If you have any questions or concerns about the Site, contact us at PMD@Lifestyleproductsgroup.com.
Privacy Policy
The Site
Getpmd.com (the "Site") is operated by Lifestyle Products Group LLC. The effective date of this Privacy Policy is October 8, 2012.
Our Privacy Pledge
Lifestyle Products Group LLC values its customers and respects their need to feel secure while shopping on our Site. We have gone to great lengths to provide a user-friendly online shopping environment that features unique products at exceptional values. Please review the information below to better understand the safeguards and policies at Getpmd.com. This Privacy Policy applies only to the information collected through this Site. By using the Site, you agree to the collection and use of your information in accordance with this Privacy Policy. If you do not agree with this Privacy Policy, then do not use the Site.
If you still have privacy concerns that you feel are not addressed in this information, please contact a Lifestyle Products Group LLC Customer Care Representative, using the mailing address listed below.
Customer Service
PMD PO Box 9227
Pueblo, CO 81008
You can also contact us by phone toll-free at 877-358-9957, between 9 am and 9 pm EST, seven days a week, or by email at PMD@Lifestyleproductsgroup.com.
This Site is not intended for use by children. We will not knowingly collect any personally identifiable information submitted by visitors to the Site who are under the age of 13.
The Kind of Information We Collect and How We Use It
Personal Information
We collect the personal information that you provide us while on the Site such as your name, address, email, phone number, credit and debit card numbers, and other billing information in order to complete your order, request or registration with us and/or, in the case of third party offers on the Site which you have agreed to, to enable the third parties to complete your orders with them (in which case you will be subject to such third parties' privacy policies).
We may also use your email address to send you emails about hot products, specials and online promotions. From time to time, we may also use your email address to send you information about selected third party products, services or offers we think may be of interest to you. Each email you receive from us provides a link to unsubscribe to future mailings by following the unsubscribe directions that appear at the bottom of each email. If you do not want to receive emails about our offers or products or those of these selected third parties, just contact a Lifestyle Products Group LLC Customer Care Representative via email at PMD@Lifestyleproductsgroup.com or by phone toll-free at 877-358-9957, between 9 am and 9 pm EST, seven days a week. Please note that even if you choose not to receive marketing emails from us, you will still hear from us regarding your order status and other service issues.
We may also use your name, postal delivery information and phone number to contact you offline. From time-to-time, we may also share your name and mailing address with certain direct marketing companies so that they may contact you about products, services or offers that they think would be of interest to you. If you do not wish us to contact you offline, receive such mailings, or allow us to share your information with these direct marketing companies, please contact us via email at PMD@Lifestyleproductsgroup.com, or by phone toll-free at 877-358-9957, between 9 am and 9 pm EST, seven days a week. To contact us by mail, please use the mailing address listed below.
Customer Service
PMD
PO Box 9227
Pueblo, CO 81008
Notwithstanding that you may have previously opted out, if you subsequently accept a third party's marketing offer on our Site, we will share your contact information (and your billing information) with that specific third party so that they can fulfill your order (in which case you will be subject to such third party's privacy policy).
Financial Information
We may collect your financial information such as credit and debit card numbers and bank and other financial institution account numbers in connection with transactions you enter into with Lifestyle Products Group LLC We use your financial information to help us process these transactions and, in the case of third party offers on the Site which you have agreed to, to enable the third parties to complete your orders with them (in which case you will be subject to such third parties' privacy policies). We may use third party service providers to help us perform some of our transaction processing tasks. In such instances, we will provide your financial information to these third parties for the sole purpose of performing these tasks. We may also provide your financial information to your credit card issuer, financial institutions, credit card processors or other payment processors to process transactions. We will not be responsible or otherwise liable for any use or disclosure of your financial information by a third party to whom Lifestyle Products Group LLC is allowed to disclose your financial information under this Privacy Policy.
When You Ship to Another Recipient
We only collect the name(s) and postal delivery information necessary to fulfill your requests to ship to alternate addresses. We never share this information with third parties, except those third party contractors providing fulfillment services as described above. If necessary, we may use this information to contact these individuals with service issues relating to the order.
Aggregate Browsing Information
This Site may collect aggregate reporting information about Site usage. This information is used only by Lifestyle Products Group LLC No personal or personally identifiable information is gathered or used for this process. This Site may also collect non-personally identifiable information such as your web browser type, operating system type, Internet service provider domain, or the speed of your Internet connection.
The Site uses third-party service providers to serve relevant ads on our behalf across the Internet and sometimes on the Site. This service provider collects and uses certain anonymous information about your visits to this and other web sites to provide you with targeted advertisements for goods and services.
What Are "Cookies" and How Are They Used
To enhance your experience with the Site, we use "cookies." Cookies are text files we place on your computer to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, once you choose to furnish the Site with personally identifiable information, this information may be linked to the data stored in the cookie.
We use cookies to understand site usage and to improve the content and offerings on the Site. For example, we may use cookies to personalize your experience at our web pages (e.g. to recognize you by name when you return to the Site), save your password in password-protected areas, and enable you to use shopping carts on the Site. We also may use cookies to display to you products, programs, or services that you may find of particular interest. We may also use small pieces of code called "web beacons" (also known as "clear gifs" or "pixel tags") to collect anonymous and aggregate advertising metrics, such as counting page views, promotion views, or advertising responses. These "web beacons" may be used in conjunction with cookies that conform to our cookie policy. Third parties present on the Site, such as advertisers, may also place cookies on your browser.
We may from time to time use various outside ad-serving or other companies to serve advertisements on the Site. In the process of serving advertisements, such companies may use cookies, and may use information about your visits to the Site and other websites in order to provide advertisements on the Site about products and services that may be of interest to you. By delivering ads on the Site to you, and by the use of cookies, the ad-server is able to record what ads you have seen, and where you were located or what pages you were viewing when the ads were delivered. This web usage information is combined with other ad delivery information the ad-server has collected from your visits to the Site and other websites not affiliated with Lifestyle Products Group LLC. The information that we collect and share with both cookies and other ad-serving technology is anonymous and not personally identifiable. It does not contain your name, address, telephone number or email address. This non-personally identifiable information is used as part of the ad-serving process for reporting, and to select and direct the ads you see online at the Site and other websites not affiliated with us.
If you wish to prevent cookies from being accepted, most Internet browsers allow you to do so e.g., in Internet Explorer, click "Tools," then "Internet Options" and adjust your cookie settings on the "Privacy" tab (e.g.; the "Block All Cookies" setting blocks all future cookies and renders all existing cookies unreadable by websites). For more information, please check your browser's technical information. Preventing your browser from accepting cookies may disable or interfere with shopping features on our sites or other sites that you may visit.
Sale of Our Corporation
As in any business venture, the sale, merger or declaration of bankruptcy of the company is always a possibility. Should Lifestyle Products Group LLC ever declare bankruptcy or should it or its assets ever be acquired by or merged into another organization, all customer information we have collected will be treated as an asset and may be transferred to a third party.
Compliance with Law or for Safety's Sake
We may also disclose your information when we determine it is necessary to comply with applicable laws or protect the interests of Lifestyle Products Group LLC
Links
The Site may contain links to other sites, including, among others, those of advertisers, other third parties and companies whose trademarks may appear on the Site. We are not responsible for the information collection practices or the content of the sites to which we link.
Our Commitment to Data Security
Lifestyle Products Group LLC is dedicated to implementing measures to protect against the unauthorized access of your private information and providing you with a safe and secure online shopping experience. To that end, we have installed security and encryption features (Secure Socket Layer Technology).
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we are committed to protecting your information, we cannot ensure or warrant the security of any information you transmit to us.
Changes to the Lifestyle Products Group LLC Privacy Pledge
We reserve the right to update and modify this Privacy Policy at any time. Your use of the Site constitutes your agreement to the policies and procedures set forth in this Privacy Policy. If our information practices change, we will post these changes on the Site. Your use of the Site following the posting of such changes to the Privacy Policy will constitute your acceptance of such changes on the Site. We encourage you to review our Privacy Policy periodically. You may determine when this policy was last updated by referring to the effective date found at the beginning of this Privacy Policy. If you have any additional questions, please contact a Lifestyle Products Group LLC Customer Care Representative via email at PMD@Lifestyleproductsgroup.com or by phone toll-free at 877-358-9957, between 9 am and 9 pm EST, seven days a week.