TERMS OF USE
Last Updated: February 19, 2025
Your use of the website located at www.thepmfoundation.org or any other websites and platforms on which these terms reside (collectively, the "Site"), including the features and services made available through this Site, is subject to these terms of use (“Terms”), together with our Privacy Policy. Please read these Terms carefully before using this Site. The Site is owned, controlled, and operated by Preventive Measures Foundation, Inc. ("The PM Foundation", “TPMF”, "us" "we", or "our"). BY ACCESSING THIS SITE IN ANY WAY, INCLUDING, WITHOUT LIMITATION, BROWSING THIS SITE, USING ANY INFORMATION, AND/OR SUBMITTING INFORMATION TO THE PM FOUNDATION, YOU AGREE TO AND ARE BOUND BY THE TERMS, CONDITIONS, POLICIES AND NOTICES CONTAINED IN THESE TERMS, INCLUDING, BUT NOT LIMITED TO, CONDUCTING TRANSACTIONS ELECTRONICALLY, DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, BINDING ARBITRATION, AND A CHOICE OF PENNSYLVANIA.
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ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE IN SECTION 6. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND THE PM FOUNDATION AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND THE PM FOUNDATION WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
NO MEDICAL ADVICE: THE INFORMATION DISPLAYED ON THE SITE IS NOT INTENDED FOR USE IN THE DIAGNOSIS OF DISEASE OR OTHER CONDITIONS, OR IN THE CURE, MITIGATION, TREATMENT, OR PREVENTION OF ANY DISEASE, OR INTENDED TO AFFECT THE STRUCTURE OR ANY FUNCTION OF ANY PERSON.
THE SITE MAY CONTAIN GENERAL INFORMATION OR CONTENT RELATED TO MEDICAL CONDITIONS, TREATMENT, AND OTHER HEALTH CARE TOPICS. ANY SUCH INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT AND SHOULD NOT BE INTERPRETED AS MEDICAL ADVICE OR AS A SUBSTITUTE FOR CONSULTATION WITH A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL. YOU SHOULD ALWAYS CONSULT WITH A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL FOR MEDICAL ADVICE OR INFORMATION ABOUT DIAGNOSIS AND TREATMENT. RELIANCE ON THE SITE IS SOLELY AT YOUR OWN RISK.
From time to time, we may update this Site and these Terms. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. In addition, when using particular services, your use of such services may be subject to additional terms and conditions applicable to such services which may be posted from time to time.
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The PM Foundation may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that The PM Foundation will have no liability to you if this Site is discontinued or your ability to access the Site is terminated. All restrictions, rights granted by you, and all disclaimers and limitations of liability will survive any termination.
1. The PM Foundation Content
Content on this Site that is provided by The PM Foundation or its licensors, including graphics, photographs, images, text, digitally downloadable files, trademarks, trade dress, logos, and the compilation of the foregoing ("The PM Foundation Content") is the property of The PM Foundation and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
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You agree not to download, display or use any The PM Foundation Content for use (a) in any publications, (b) in public performances, (c) on websites other than this Site for any other commercial purpose, (d) in connection with services that are not those of The PM Foundation, and/or (e) in any other manner that is likely to cause confusion among consumers, that disparages or discredits The PM Foundation and/or its licensors, that dilutes the strength of The PM Foundation's or its licensors’ intellectual property, or that otherwise infringes The PM Foundation’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any The PM Foundation Content or third party content that appears on this Site.
2. Your Use of the Site
You may not, without The PM Foundation’s prior written consent, cause or permit the: (a) use, copying, modification, rental, lease, sublicense, transfer, or other commercial exploitation of, or other third party access to, any element of the Site, except to the extent expressly permitted by these Terms; (b) creation of any modifications or derivative works of the Site; (c) reverse engineering of the Site; (d) gaining of unauthorized access to the Site or its related systems or networks; (e) interference with or disruption of the integrity or performance of the Site or the data contained therein; (f) the use of any data mining, crawlers, spiders, robots or similar data gathering, scraping or extraction methods in connection with the Site; (g) unlawful or criminal use of the Site or any other conduct that would give rise to civil or criminal liability; (h) collection of information about other users of the Site for any purpose; (i) impersonation of any person or entity or other misrepresentation of who you are, your age, or your affiliation with any person or entity; or (j) use of the Site for any purpose that is otherwise prohibited by these Terms.
3. Providing Information
Certain areas of the Site, such as contact and donation forms, require or ask you to provide information to proceed. If you elect not to provide such information, you may not be able to access certain features of the Site.
If the Site requires you to submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable web form.
4. Representations, Limitations of Liability and Indemnity
The PM Foundation makes no representations about the reliability of the features of this Site, The PM Foundation Content or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems or use of the Site will be at your own risk. The PM Foundation makes no representations regarding the amount of time that any PM Foundation Content will be preserved. The PM Foundation makes no representation or warranties that any material, images, applications or files obtained from or through the Site are free from computer viruses or other faults or defects. It is your responsibility to take customary precautions against computer viruses and/or concerning inaccuracies, typographical errors or other defects on the Site or applications or material available on or through the Site.
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THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PM FOUNDATION, OR PM FOUNDATION ENTITIES (AS HEREAFTER DEFINED) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL PM FOUNDATION OR PM FOUNDATION ENTITIES BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND PM FOUNDATION’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES WILL PM FOUNDATION OR PM FOUNDATION ENTITIES BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF PM FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS UNDER THIS PARAGRAPH MAY NOT APPLY TO YOU.
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You agree to indemnify and hold The PM Foundation, its parents, subsidiaries, officers, employees, and contractors and each of their respective officers, employees and agents (collectively, “The PM Foundation Entities”) harmless from and against any damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, or any violations thereof by your dependents or any claims arising from your misuse of this Site.
5. Third Party Websites
This Site may hyperlink to sites not maintained by or related to The PM Foundation. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or The PM Foundation, and The PM Foundation makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from this Site is subject to that site's terms and conditions and privacy policy, and The PM Foundation has no control over how your information is collected, used, or otherwise handled.
6. Binding Arbitration
You and The PM Foundation agree that any controversy or claim (except for any claim that qualifies for small claims court and any claim of infringement, breach of confidentiality, or misappropriation of any patent, copyright, trademark, or trade secret) arising out of or relating to these Terms, the Site, and/or use of the Site, as well as all questions of arbitrability, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (“Consumer Rules”) by a sole arbitrator. You can access the Consumer Rules at https://www.adr.org/Rules or by calling +1 800-778-7879. You and The PM Foundation shall endeavor to agree upon the arbitrator, and if you and The PM Foundation fail to do so within twenty-one (21) days of the commencement of the arbitration, the appointment shall be made by the AAA in accordance with the Consumer Rules. The place, locale, or legal seat of arbitration, shall be Pennsylvania (which shall not prejudice the arbitrator’s ability to hold hearings in any location agreed to by the parties or set by the arbitrator, including your hometown, or to hold virtual hearings, and the language of the arbitration shall be English).
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YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY ON YOUR OWN BEHALF, AND NOT IN ANY REPRESENTATIVE CAPACITY OR ON BEHALF OF ANY CLASS OR PURPORTED CLASS, AND NO ARBITRATION YOU COMMENCE HEREUNDER MAY BE JOINED WITH OR INCLUDE ANY CLAIMS BY ANY OTHER PERSONS UNLESS ALL PARTIES CONSENT.
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Each party shall bear its own arbitration filing fees.
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The arbitrator shall issue an award in the form required by the Consumer Rules, and shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance, and any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award. Each party hereto retains the right to seek interim measures from a judicial authority, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate.
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The arbitrator shall award the prevailing party, if any as determined by the arbitrator, its costs, including reasonable attorney’s fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction.
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No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law (other than to legal or professional advisors, witnesses, or experts acting pursuant to a duty of confidentiality). Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than legal or professional advisors, witnesses or experts acting pursuant to a duty of confidentiality), except as may be required by law. Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed or kept confidential to the extent permitted by law.
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You and The PM Foundation further agree that, before either may commence an arbitration or assert a claim in small claims court, you and The PM Foundation will meet and confer, via telephone or videoconference, in a good-faith effort to informally resolve the applicable claim(s). The party initiating the claim must give notice to the other party in writing of their intent to initiate an informal dispute resolution conference, which shall occur within sixty (60) days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify The PM Foundation that you intend to initiate an informal dispute resolution conference, email info@thepmfoundation.org. Engaging in this informal dispute resolution conference is a condition precedent that must be fulfilled before commencing arbitration and the arbitrator shall dismiss any arbitration demand filed before completion of an informal dispute resolution conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
7. Miscellaneous
Both you and The PM Foundation acknowledge and agree that no partnership is formed and neither of you nor The PM Foundation has the power or the authority to obligate or bind the other.
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These Terms will be governed by and construed in accordance with the internal laws of Pennsylvania without regard to conflicts of laws principles. By using this Site, you hereby agree that any and all disputes regarding these Terms and/or the Site not subject to the arbitration provision set forth above will be subject to the federal and state courts located in the State of Pennsylvania, YOU AGREE THAT, TO THE EXTENT PERMITTED BY PENNSYLVANIA, ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms operate to the fullest extent permissible by law.
On certain areas of our Site, you may be given the ability to provide us with personal information. Please read our Privacy Policy for more information about our information collection and use practices.
The failure of The PM Foundation to comply with these Terms because of an act of God, epidemic, outbreak, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of The PM Foundation, shall not be deemed a breach of these Terms.
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If The PM Foundation fails to act with respect to your breach or anyone else's breach on any occasion, The PM Foundation is not waiving its right to act with respect to future or similar breaches.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
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These Terms constitute a binding agreement between you, your heirs, successors, affiliates, and representatives and The PM Foundation, and are accepted by you upon your use of the Site. These Terms constitute the entire agreement between you and The PM Foundation regarding the use of the Site. By using the Site, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.