Terms and Conditions
TERMS AND CONDITIONS
Thank you for choosing PCN Medical, PLLC (“PCN”, “we”, “our”, or “us”). This Terms and Conditions Agreement (the “Terms”) is a legal agreement between you and PCN and governs your use of the Services. The “Services” means our website, www.2020lifestyles.com, and any other website, social media pages, or apps owned or operated by PCN (or related companies ) (together, the “Site”) and any and all products and services provided to you by PCN, excluding certain health care services . By using our Services, you or your business (also “you” or “your” or “their” or “user”) agree to be bound to these Terms, and to the extent such acceptance by you is made on behalf of any other individual, entity, or organization, you represent and warrant you are authorized to bind such other individual, entity, or organization to these Terms.
BEFORE ACCESSING THE SERVICES OF PCN, PLEASE READ THESE TERMS CAREFULLY, AS THEY (AMONG OTHER THINGS) LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
BY USING OUR SERVICES, INCLUDING CREATING AN ACCOUNT, SIGNING UP FOR OUR NEWSLETTER, DOWNLOADING ANY APP OR DATA WE MAY OFFER, PARTICIPATING IN ANY SPECIAL EVENT WE MAY OFFER, AND/OR COMPLETING A PURCHASE WITH US, YOU AGREE TO BE LEGALLY BOUND BY ALL TERMS AND CONDITIONS HEREIN. YOUR ACCEPTANCE OF THESE TERMS CREATES A LEGALLY BINDING CONTRACT BETWEEN YOU AND PCN. IF YOU DO NOT AGREE WITH ANY ASPECT OF THESE TERMS, THEN DO NOT USE THE SERVICES.
1. Privacy Policy. By accessing or using our Services, you also acknowledge having read our Privacy Policy and Consumer Health Data Privacy Policy , which contains details relating to our collection, use, and disclosure of your Personal Information (as defined therein). By accessing our Services, you represent and warrant that: (a) you have not been previously suspended or removed from the Services; (b) you do not have more than one Account (defined below) with us; and (c) you have the full power and authority to enter into these Terms.
2. Individual Features. When using the Services, you will be subject to any additional posted guidelines or rules applicable to specific services, offers, and features we may communicate from time to time (“Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms. Please note that additional and/or different conditions and terms of use may apply to media, contests, competitions, events, products, or services provided through one or more of our partners or business associates, and you should refer to those before using such.
3. Modification. We may make modifications, deletions, and/or additions to these Terms (“Changes”) at any time. Changes will be effective: (a) thirty (30) days after we provide Policy of the Changes, whether such Policy is provided via the Services or through other user interfaces, such as the email, address, or phone number you have provided to us; or (b) when you opt-in or otherwise expressly agree to the Changes or a version of these Terms incorporating the Changes, whichever comes first. You further acknowledge that if we change any part of or discontinue any portions of our Services, which we may do at in our sole discretion, you may not be able to use such Services or products obtained thereby to the same extent as prior to such change or discontinuation, and you agree that we shall have no liability to you in such case.
4. Electronic Contracting. Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS TO OR VIA OUR SERVICES CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, GUIDELINES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. We are not responsible for typographic errors.
5. Minimum Requirements. Our Services are available only for individuals who are eighteen (18) years of age or older and only in the United States, its territories, and possessions. You agree not to use or attempt to use the Services from outside these parameters. We may use technologies to verify your compliance. Use of the Services may require compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video. The latest version of required software is recommended to access certain Services and may be required for certain transactions or features and to download certain products previously purchased using our Services. You agree that meeting these requirements, which may change from time to time, is your responsibility. The Services are not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Services.
6. IMPORTANT SAFETY INFORMATION. LIABILITY DISCLAIMER. INCLUDING FITNESS TESTING, VIRTUAL PROGRAMS, AND EDUCATIONAL CONTENT.
6.1. PCN AND ANY AND ALL SERVICES OFFERED SHOULD NOT BE RELIED UPON FOR MEDICAL ADVICE AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. YOU ACKNOWLEDGE THAT YOUR DIET AND EXERCISE ACTIVITIES INVOLVE RISKS, WHICH MAY INCLUDE THE RISK OF BODILY INJURY OR DEATH, AND THAT YOU ASSUME THOSE RISKS. YOU SHOULD CONSULT A LICENSED PHYSICIAN PRIOR TO BEGINNING OR MODIFYING ANY DIET OR EXERCISE PROGRAM THAT YOU UNDERTAKE, AND YOU ACKNOWLEDGE THAT WE HAVE ADVISED YOU OF THE NECESSITY OF OBTAINING SUCH CONSULTATIONS. THE INFORMATION CONTAINED ON OR THROUGH OUR SITE OR SERVICES IS FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY AND IS IN NO WAY INTENDED TO PROVIDE MEDICAL ADVICE. MEDICAL INFORMATION MAY CHANGE RAPIDLY AND WE CANNOT VERIFY THE ACCURACY OR TIMELINESS OF ANY INFORMATION IT PROVIDES. IN ADDITION TO THE OTHER LIMITATIONS AND DISCLAIMERS IN THESE TERMS, WE DISCLAIM ANY AND ALL LIABILITY OR LOSS IN CONNECTION WITH YOUR USE OF OUR SITE OR SERVICES OR ANY DIET, EXERCISE, OR OTHER ACTIVITY THAT YOU UNDERTAKE IN CONNECTION WITH YOUR USE OF OUR SITE OR SERVICES.
6.2. When using our Services, or any products offered through the Services, you should always take frequent breaks, and take a longer rest if you experience any soreness, fatigue, or discomfort. Some may experience seizures or blackouts when exposed to flashing lights or patterns, including but not limited to while playing video games or watching videos, so precaution should be taken in such circumstances. Consult a doctor before using our Services, or any products offered through the Services, or if experiencing any symptoms such as dizziness, nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other discomforts or similar symptoms. Stop using our Services, or any products offered through the Services, should you experience any atypical or concerning effect and immediately contact your doctor.
6.3. The Services and any products available thereby are not intended to and do not provide medical advice. All material appearing on or distributed through the Services, including but not limited to digital content, products, text, graphics, images, video, digital media and third-party content, (collectively “Content”) is for your personal, informational, and noncommercial use only and is not intended as medical advice or to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read, heard or viewed directly or indirectly through the Services or the Content.
6.4. If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on any Content or other information provided by us, the Services, our employees, our agents, other users of the Services or other persons appearing on or contributing to the Services at our invitation is solely at your own risk.
7. Orders and Accounts.
7.1. For some aspects of our Services, you may need to or be able to register an account with us or one of our authorized providers “HEALTHIE” and “TRUE COACH”. In doing so, or in connection with our Services generally, you may need to provide your first and last name, a valid email address and a password, zip code, the name of your affiliated organization, your role, and details relating to your request. You may also need to represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Services. You may also need to provide a valid email address and password or add shipping and billing information to place orders.
7.2. All information that you provide to PCN or its vendors, agents, associates, or partners, including your payment card or financial account information, is subject to PCN’s Privacy Policy and/or the respective third-party privacy policy. You are responsible for keeping your information up to date. Each Account, and the rights and privileges provided to Account holders, is personal and non-transferable. If you make a purchase and/or create an Account with us or our authorized providers, you agree to: (a) provide accurate, current, and complete information about you as may be prompted by any signup, login, checkout, and/or registration forms associated with our Site or our vendors for any Account (“Registration Data”); (b) maintain the security of your password and identification as such may be required; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current, and complete throughout the duration of any transaction; (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to us; (e) notify us immediately of any unauthorized use of information you provide to us, including your Registration Data or of any other breach of security regarding your transactions with us; and (f) take responsibility for all activities that occur under your Account or Registration Data and accept all risks of unauthorized access.
7.3. You agree that we have the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as we believe is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms (including but not limited to our right to cooperate with any legal process relating to your use of the Services and/or any products offered or obtained thereby, and/or a third-party claim that your use of the Services and/or any products offered or obtained thereby is unlawful and/or infringes such third party's rights).
7.4. As an Account holder in connection with any transactions with us, you agree to receive emails or texts promoting any special offer(s), including third party offers. We (or our designated provider) may from time to time send you our newsletter and similar communications. You may opt-out from receiving special promotions or our newsletter by opting to unsubscribe as may be provided in the applicable email correspondence. You cannot opt-out of certain emails regarding transactions you enter into with us.
7.5. Certain Services may be available exclusively online through the Site , or exclusively in person at one of our physical locations. Certain Services may have limited quantities or availability and may be subject to greater restrictions regarding any availability, modification, return, rescheduling, or exchange. We reserve the right, but are not obligated, to limit sales or service to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to modify, discontinue, and/or limit the quantities of any Services that we offer at any time, for indefinite periods, without notice. All descriptions or pricing for Services are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Services at any time. Any offer for any Services made on our Site is void where prohibited.
7.6. We reserve the right to refuse any request for Services or order you place with us. We may, in our sole discretion, limit or cancel quantities requested or purchased per person, per household, or per order or request. These restrictions may include requests or orders placed by or under the same customer information, the same payment card or financial account, and/or requests or orders that use the same billing and/or shipping address. In the event we make a change to or cancel a request or order, we may attempt to notify you by contacting the email and/or billing address and/or phone number provided at the time the request or order was made. We reserve the right to limit or prohibit requests, appointments, or orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
8. Billing and Payments.
8.1. The price of any product we may offer is payable and due in full before delivery. All fees for Services are due as detailed on their respective invoicing. All sales and any other fees are in U.S. dollars. You may be charged, and are solely responsible for, applicable local and state sales tax, and all sales, use, and similar taxes payable in connection with your purchase of products or Services. When we think we are required to do so, we will collect taxes in connection with your purchase. We do not collect sales or use taxes in all states or locations. For states imposing sales or use taxes, your purchase is subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states or locations require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay on those purchases. Details of how to file these returns may be found at the website of your respective taxing authority, and such are solely your responsibility.
8.2. If you wish to cancel or modify a purchase, order, or request, you may email us at 2020lifestyles@2020lifestyles.com however, any amounts charged to or paid by you prior to such modification or cancellation request may not be refunded and communication may not impact any order, purchase, or Service for which you have already been charged, depending on the state of the order, purchase, or Service. It is your responsibility to keep your payment method up-to-date, as well as to cancel your Account (as applicable).
8.3. We may change the price of, introduce new, or remove Services from time to time and may communicate changes to you in advance. By continuing to use the Site or our Services after the effective date of a price change, you indicate your acceptance of such change. Please make sure you read any notifications of price changes carefully.
8.4. Payment processing for our Services is provided directly by us or by one or more third party payment processors as we may designate from time to time (“Payment Processor”). PCN collectS or storeS your payment card information for services provided your payment information is retained once processed for product purchases. Credit card information is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. You can find out more about our privacy practices in our Privacy Policy and more about our Payment Processor’s privacy practices by viewing our Payment Processor’s privacy Policy as noted.
8.5. By providing a payment card or other payment method accepted by our Payment Processor or us, you represent and warrant that you are authorized to use the designated payment method and that you authorize our Payment Processor to charge or debit your payment method for the total amount of your transaction and any applicable fees (including any applicable taxes and other charges), and to use and retain information (including Personal Information, and other related information) you submit for such purposes. If the payment method you provide cannot be verified, is invalid, or is otherwise not acceptable, your transaction(s) with us and any Services you have requested may be suspended or cancelled. You must resolve any problem we or our Payment Processor encounters in order to proceed with your transaction, complete your purchase, or to receive any Services.
9. Shipping; Replacements. When online purchasing is available via our Site or our authorized vendors, you agree to pay any applicable shipping and handling charges shown at the time you place your order. We reserve the right to increase, decrease, add, or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing your order. All tangible products are shipped by the carrier we select. At checkout, you will be prompted to choose a delivery time for the products you purchased. Shipping fees are based on delivery, weight, and selected delivery time. On most purchases, your shipping fees will automatically compute at checkout, prior to the completion of your order. Generally, shipping is by standard ground delivery. Any shipping times shown on our Site or via our Services are estimates only and actual delivery dates may vary. You must notify us within thirty (30) days of the receipt of your purchase if you believe all or part of your product purchase is missing or damaged. Replacement Services for shipped items claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your transaction at our discretion. Repeated claims of undelivered or incomplete items may result in the cancellation of your transaction, Account, and/or future orders.
10. Returns and Exchanges . Except as may be otherwise stated at the time of purchase or otherwise by PCN, we may offer a full refund to the original payment method within thirty (30) days of your original purchase of relevant items due to dissatisfaction with items purchased from our Site. Only unopened and unused products returned to the original retail location within the thirty (30) day timeframe are accepted for returns, less any shipping and handling fees. We do not provide refunds for digital content and/or services that you purchase from us. Refunds will be applied to the original method of payment. After receipt of the returned product, we may take up to thirty (30) days to process the refund. Products purchased from other retailers must be returned to the retailer under the retailer’s return or exchange policy. If you have concerns or problems with the items you receive, please contact us by email at 2020lifestyles@2020lifestyles.com or via the contact information on the Site and we will attempt to resolve the issue. We reserve the right, in our sole discretion, to issue or not issue refunds or exchanges for returned items. If we issue a refund or credit, we are under no obligation to issue the same or a similar refund or credit in the future.
11. International Access. The Services may be accessed from countries other than the United States. However, at this time, Services outside the continental United States and U.S. territories may be limited. IF YOU ACCESS AND USE OUR SERVICES OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLYING WITH YOUR LOCAL LAWS AND REGULATIONS, AND YOU CONSENT TO THE PROCESSING, TRANSFER, AND STORAGE OF INFORMATION ABOUT YOU IN AND TO THE UNITED STATES AND OTHER COUNTRIES, WHERE YOU MAY NOT HAVE THE SAME RIGHTS AND PROTECTIONS AS YOU DO UNDER LOCAL LAW. We make no representation that any part of our Services are appropriate or available for use in other locations.
12. Ownership; Proprietary Rights. The Site is owned and operated by PCN. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, Site, and all other Services, offerings, and elements thereof that are provided by PCN (“PCN Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All PCN Materials are the proprietary property of PCN Medical, PLLC or its subsidiaries or affiliated companies and/or third-party licensors, or as otherwise noted in connection therewith. All trademark, service mark, and trade name rights mentioned on the Site or in connection with the products or services offered are the property of their respective owners. Users may not download, use, export, or re-export any content posted including any PCN Materials utilized or available in connection with the Site in violation of any applicable laws or regulations, including, without limitation, United States export laws, regulations, and controls. Except as expressly authorized by PCN, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, infringe upon, or otherwise make unauthorized use of the PCN Materials. Prior written permission to use, reproduce, or reprint any of the PCN Materials (or portion thereof) or other information or materials used for the Services must be obtained from the owner for any commercial use. Any unauthorized use of the PCN Materials may be in violation of copyright, trademark, and other applicable laws and could result in criminal or civil penalties. To notify PCN of any suspected infringement of copyright, trademark, or other rights, please see the information contained herein regarding the Digital Millennium Copyright Act (“DMCA ”) procedures, and contact us at 2020lifestyles@2020lifestyles.com.
13. Errors, Inaccuracies, and Omissions. Occasionally, there may be information provided via the Services that contains errors, inaccuracies, distortions, or omissions that may relate to our Services and/or product descriptions, displays, pricing, promotions, offers, and availability of such. This Site may also contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We have made every effort to display as accurately as possible the colors and images of our products and content that appear on the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate. The PCN Materials should never be relied upon as the sole basis for making any decisions to purchase Services from PCN. We and our third-party providers, vendors, agents, associates, or partners will not be liable for any purchase decisions made based on the PCN Materials. Any reliance on the PCN Materials is at your own risk, and you assume any and all risks associated with your purchase decisions. Your sole remedy in the event of an error associated with a recent purchase is to cancel your order and obtain a refund. We reserve the right to correct any errors, inaccuracies, distortions, or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior Policy (including after you have submitted your order), but we have no obligation to update any information on our Site or provided in connection with our Services. You agree that it is your responsibility to monitor changes to our Site.
14. Third Party Sites. These Terms apply to our Services. Our Services may include advertisements or other links that allow you to access web sites or other online services that are owned and operated by third parties. These links may also allow you to access our Services through a third-party account. We and our third-party providers, affiliates, agents, and licensors may be active investors in businesses related to or mentioned via our Services and may or may not have open investment positions in those businesses. You assume any and all risk associated with your purchase decisions irrespective of whether we or our third-party providers, affiliates, agents, or licensors hold positions in products mentioned via our Services. You acknowledge and agree that PCN (and its owners, officers, employees, vendors, agents, associates, suppliers, and/or partners) is not responsible and shall have no liability for the content of such third-party sites, and products or services made available through them, or your use of or interaction with them. If provided, you should review the terms and conditions of any linked websites or resources carefully.
15. Third-Party Services. The Site may include features or functionality that interoperate with online services operated by third parties (such services, “Third-Party Services”), such as to pay for products through a Third-Party Service, pursuant to agreements between PCN and the operators of such Third-Party Services (such agreements, “Third-Party Agreements” and such operators, “Operators”) or through application programming interfaces or other means of interoperability made generally available by the Operators (“Third-Party APIs”) which PCN does not control. Third-Party Agreements and Third-Party APIs (and the policies, terms, and rules applicable to Third-Party APIs) may be modified, suspended, or terminated at any time. You acknowledge and agree that PCN is not responsible and shall have no liability for the content of such third-party sites, products, or services made available through them, or your use or interaction with them. You should review the terms and conditions of any linked websites carefully.
16. Prohibited Uses.
16.1. As a condition of your use of the Site, PCN Materials, or our Services, you will not use such for any purpose that is unlawful or prohibited by these Terms. Access to the PCN Materials, Services, or the Site from locations where such access is illegal is strictly prohibited. You are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the internet, technology, data, email, payments, or privacy.
16.2. Except as expressly permitted by PCN, any use of any of the PCN Materials for illegal, unauthorized, or commercial purposes is strictly prohibited.
16.3. You may not use the Site in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other’s use of the Site or our Services. You may not intentionally interfere with or damage the operation of the Site or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You may not remove, circumvent, disable, damage, or otherwise interfere with any proprietary markings or security-related features of the Services, features that prevent or restrict the use or copying of any content accessible through the Services, or features that enforce limitations on the use of the same. You may not attempt to gain unauthorized access to the Site, or any part of it, other accounts, computer systems or networks connected to the Site, or any part of them, through hacking, password mining, or any other means, or interfere or attempt to interfere with the proper working of the Site or any activities conducted on or in connection with the same. You may not obtain or attempt to obtain via the Services or PCN Materials any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form, nor to use modified versions of such, including (without limitation) for the purpose of obtaining unauthorized access to the Site or our Services. Any resale or commercial use of the Site, PCN Materials, or our Services is prohibited, as is the distribution, public performance, or public display of any PCN Materials; the sending of any junk or unsolicited mail to other users of the Site, including, but not limited to, unsolicited or unauthorized advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, email, junk mail, spam, chain letters, informational announcements, charity requests, petitions for signatures, or other form of solicitation; the collecting or storing any personal information from other users of the Site; and any use of our Site, PCN Materials, or Services, other than for their intended purpose.
16.4. The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, crawler, or other manual or automated device, tool, process, means, or interface not expressly authorized by us to data mine, access, interfere with, or scrape the Site or our Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site or our Services.
16.5. You may not utilize framing techniques to enclose any trademark, logo, or other PCN Materials without our prior, express, written consent. You may not use any metatags or any other “hidden text” utilizing PCN’s name or trademarks without our prior, express, written consent.
16.6. You may not deep-link to the Site and shall upon Policy from PCN promptly remove any links that PCN finds objectionable in its sole discretion. You may not use any PCN logos, graphics, or trademarks as part of the link without our prior, express, written consent.
16.7. You may not use the Services or PCN Materials for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.
16.8. Any use of our Site, PCN Materials, or Services other than as specifically authorized in these Terms, without our express, prior, written permission, including inclusion in automated decision-making technology, machine learning, training, profiling tools, and/or artificial intelligence (“AI”), is strictly prohibited and, without limiting any other right or remedy PCN (or its owners, officers, employees, vendors, agents, associates, suppliers, and/or partners) may have, will immediately terminate any license or rights granted herein to you. Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. Upon Notice from PCN, you agree to promptly remove any links or content associated with our Site or Services that we find objectionable in our sole discretion. We have the right to terminate the access, orders, and/or Accounts of users who we believe in good faith to be violating any laws whatsoever. Unless explicitly stated herein, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
16.9. You hereby acknowledge that any material breach of your obligations in this Section 16 (Prohibited Uses) would cause us irreparable harm for which we have no adequate remedies at law. Accordingly, you agree that we are entitled to specific performance or injunctive relief for any such breach, without posting a bond or proving actual damages, and without prejudice to any other remedies that may be available to us.
17. Information. In order to access certain aspects of the Site or our Services, you may be required to create an Account and/or provide specific information. All information you submit, including Registration Data, must be truthful. Any Account access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your Registration Data and/or Account (if any) and access codes and passwords and will be solely liable for any use or unauthorized use of the Site under such access codes or passwords. We may suspend or terminate your access at any time with or without Policy. To understand how we use information collected from you, please read our Privacy Policy.
18. User Communications. Under these Terms, including in connection with any Account, you consent to receive communications from PCN electronically, including via email and/or texts . Such communications may include notices about your Account (e.g., payment authorizations, password changes, and other transactional information or notices), and you should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Our Services, including social media pages or sites connected to PCN, may allow you or other users to post, link, store, or otherwise make available a wide variety of information, text and/or other materials to others (“User Content”). You are solely responsible for your use of User Content and related features and use such at your own risk. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce your User Content and permit our use in connection with our Services. By using any User Content, you agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through our Services any of the following:
· User Content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, deceptive, fraudulent, or otherwise objectionable (as determined in our reasonable discretion);
· User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any other or that would any local, state, national, or international law;
· User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any other;
· User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; or that provides private information of any third-party including addresses, phone numbers, email addresses, Social Security numbers, and similar information;
· User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using and benefiting from our Site, including, without limitation, User Content that contains or installs any viruses, worms, malware, Trojan horses, or other harmful or destructive content;
· User Content that is spam, is machine-, AI-, or randomly-generated, or contains unethical or unwanted or irrelevant (in our sole discretion) commercial content, or that furthers unlawful acts (such as phishing) or misleads recipients as to the source of the material (such as spoofing);
· User Content that does not comply strictly with any carrier agreements and terms associated with your mobile device; and
· User Content that attempts to or does disrupt the Site or Services.
We may from time to time provide interactive Services, including, without limitation: user-maintained help website, chat rooms, and bulletin boards. Where we do provide any interactive service, we will attempt to provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in light of those risks. However, we are under no obligation to oversee, monitor, or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive Service we offer by a user in contravention of our content standards, whether the service is moderated or not.
19. Ownership of Feedback, Testimonials, and User Content.
19.1. You are under no obligation to provide any reviews, comments, suggestions, ideas, enhancement requests, feedback, and recommendations regarding us or our Services (“Feedback”) to us. You hereby agree that PCN alone (and its licensors, where applicable) shall own all right, title, and interest, including all related intellectual property rights, in and to any Feedback you provide to PCN in any media regarding PCN Materials, and accordingly hereby assign such to PCN without any requirement for compensation or accounting therefor. You hereby waive any and all of your rights of droit moral and similar rights with respect to any Feedback.
19.2. From time-to-time, PCN may permit end-users to submit reviews and testimonials regarding certain of the Services, as well as biographical information associated with such end-users (collectively “Testimonials”). By submitting a Testimonial, you irrevocably grant to PCN the right to use the Testimonial, or any portion thereof, in any and all forms of marketing and promotional material, whether now known or hereinafter developed for any and all uses. You certify to PCN that everything you state in the Testimonial is true and an expression of your personal belief. You acknowledge and agree that: (a) at no time did PCN provide you with any consultation, advice, or guidance with respect to the substance of the Testimonial; (b) you are not an employee, officer, or director of PCN; (c) you are not an immediate family member of an employee, officer, or director of PCN; and (d) you are not living in the same household with an employee, officer, or director of PCN. You understand and agree that the Testimonial, in whole or in part, may be edited and/or dramatized, and that any part of the Testimonial may be used without compensation to you. You agree that no advertisement or other material incorporating or making reference to the Testimonial need be submitted to you for approval. PCN shall be without liability to you whatsoever for any distortion or illusionary effect resulting from its publication of the Testimonial. You expressly release PCN (and its owners, officers, employees, vendors, agents, associates, suppliers, and/or partners) from any and all claims that you have or may have for breach of right of publicity, invasion of privacy, defamation, copyright infringement, or any other claim or cause of action arising out of or in connection with any production, distribution, duplication, broadcast, exhibition, publication, advertisement, or promotion utilizing or incorporating the Testimonial, or any other use of the Testimonial whatsoever. You acknowledge and agree that PCN shall not be liable for any causes of action or claims related to your decision to provide the Testimonial to PCN.
19.3. You also hereby grant PCN a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, world-wide, assignable, licensable, and transferrable license to use and otherwise exploit any User Content or information other than Feedback provided by you or any other party relating to the PCN Materials on or in any and all media (now known or hereafter developed) as PCN (or any PCN vendor, agent, associate, partner, or successor) deems necessary to its business, including in connection with providing the Services. This license survives termination of these Terms. PCN reserves the right, and has absolute discretion, to remove, screen, or edit any Feedback or User Content posted or stored in connection with our Services at any time and for any reason without Policy. You are solely responsible for creating backup copies of and replacing any User Content you post or store on our Site or through our Services, at your sole cost and expense.
19.4. You represent and warrant that: (a) you will obtain all rights and provide any disclosures to or obtain any consents, approvals, authorizations, and/or agreements from any employee or third party that are necessary for us to collect, use, and share Feedback or User Content you submit in accordance with these Terms and (b) no Feedback or User Content you submit to us infringes upon or violates any other’s intellectual property rights, privacy, publicity, or other proprietary rights.
20. Availability of Site and Services; Security.
20.1. PCN may make changes to or discontinue any of the media, contests, content, or Site, or Services available at any time, for any reason, and without Policy. PCN makes no commitment to update the media, contests, content, Site, or Services.
20.2. Use of the Services requires an internet connection and may result in charges from your cellular or internet service provider(s). PCN is not responsible for any such charges. PCN is also not liable for any disruption, failure, or malfunction of the Internet or other service providers, or for any other situation or event that is out of PCN’s direct control. PCN (and its owners, officers, employees, vendors, agents, associates, suppliers, and/or partners) is not responsible for any acts or omissions of your cellular communication or Internet Service Providers, or unavailability or errors associated with their systems or services.
20.3. While PCN uses reasonable security controls, we cannot guarantee or warrant that such will prevent unauthorized access to your Account and/or Personal Information. PCN does not and cannot ensure or warrant the security or integrity of any data, including Personal Information, you provide or transmit to us. YOU ASSUME THE RISK THAT UNAUTHORIZED ENTRY OR USE, HARDWARE OR SOFTWARE FAILURE, AND OTHER FACTORS MAY COMPROMISE THE SECURITY OF SUCH DATA AT ANY TIME.
21. Notice. Except as explicitly stated otherwise, legal notices shall be served by a user on PCN’s national registered agent, or by PCN to the email address you provide to PCN during any purchase, communication, or Account registration process. Notice shall be deemed given twenty-four (24) hours after a notice is sent by email, unless the sender is notified that the email address is invalid. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. Alternatively, in our sole discretion, we may give you legal notice by mail to the mailing address provided during the registration or purchase process via the Site or as we may identify for you. In such case, notice shall be deemed given three (3) days after the date of mailing.
22. Violations; Termination.
22.1. You agree that PCN, in its sole discretion and for any or no reason, may terminate access to or use of the Services by any PCN user, member, or Account (or any part thereof) at any time. PCN may also in its sole discretion and at any time discontinue providing access to the Site or our Services, or any part thereof, with or without Policy.
22.2. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating access to or use of the Services, in appropriate circumstances and at our sole discretion, in connection with any users or Account holders who are deemed to be repeat infringers. We may also at our sole discretion terminate or limit access to our Services and/or Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Additionally, we reserve the right to limit access to our Services and/or terminate Accounts of any users, for reasons of our own discretion that we are not obligated to reveal, at any time.
22.3. You agree that any termination of your access to the Site or our Services or any Account you may have with us or portion thereof may be effected without prior Policy, and you agree that PCN (or its owners, officers, employees, vendors, agents, associates, suppliers, and/or partners) shall not be liable to you or any third-party for any such termination or loss or harm related to your inability to access or use our Services. PCN does not permit copyright infringing activities on the Site or in connection with PCN Materials. PCN reserves the right to terminate access to the Site and/or Services and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site or our Services may be referred to appropriate law enforcement authorities.
22.4. PCN also reserves the right to access, read, preserve, and disclose any information we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce these Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to user support requests, or (e) protect the rights, property, or safety of PCN, its users, and the public. PCN also reserves the right to remove content alleged to be infringing another’s intellectual property rights without prior Policy, at our sole discretion.
22.5. The remedies are non-exclusive and are in addition to any other rights and remedies PCN may have or may be provided by law to PCN. You agree that PCN (or its owners, officers, employees, vendors, agents, associates, suppliers, and/or partners) shall not be liable to you or any third-party for any such termination.
23. Disclaimers; No Warranties.
23.1. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE SERVICES ARE SUITABLE FOR YOUR USE. THE SITE AND ANY MEDIA, SOFTWARE, SERVICES, PRODUCTS, APPLICATIONS, MATERIALS, AND/OR THIRD-PARTY CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH OUR SERVICES ARE PROVIDED “AS-IS” AND “AS-AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PCN, AND ITS OWNERS, OFFICERS, EMPLOYEES, VENDORS, AGENTS, ASSOCIATES, SUPPLIERS, AND/OR PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. PCN SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND WE HEREBY DISCLAIM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. SOME PRODUCTS CAN BE DOWNLOADED OR OBTAINED ONLY ONCE; AFTER BEING DOWNLOADED OR SENT TO YOU, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASED, LOANED, OR RENTED FROM THE SERVICES. PCN, AND ITS OWNERS, OFFICERS, EMPLOYEES, VENDORS, AGENTS, ASSOCIATES, SUPPLIERS, AND/OR PARTNERS DO NOT WARRANT THAT THE FEATURES CONTAINED IN OR VIA THE SITE OR SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE PROVIDER OR SERVER THAT MAKES THEM AVAILABLE IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES.
23.2. PCN, AND ITS OWNERS, OFFICERS, EMPLOYEES, VENDORS, AGENTS, ASSOCIATES, SUPPLIERS, AND/OR PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR OUR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT PCN NOR ITS OWNERS, OFFICERS, EMPLOYEES, VENDORS, AGENTS, ASSOCIATES, SUPPLIERS, AND/OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, OR OTHERWISE OBTAIN MEDIA, MATERIAL, OR OTHER DATA THROUGH THE USE OF THE SITE OR SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE WHATSOEVER THAT RESULTS FROM SUCH MATERIAL OR DATA. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
23.3. To the fullest extent permitted by applicable law, you release PCN and its owners, officers, employees, vendors, agents, associates, suppliers, and/or partners from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
24. Indemnification; Hold Harmless. You agree, to the maximum extent permitted by law, to indemnify and hold PCN, and its owners, officers, employees, vendors, agents, employees, associates, suppliers, and/or partners (together the “Indemnified Parties”), harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Site or our Services in violation of these Terms, violation of the rights of any other person or entity, any breach of the foregoing representations, warranties, and covenants, or any action taken by us as part of our investigation of a suspected violation of these Terms or as a result of a finding decision by us that a violation of these Terms has occurred. Indemnified Parties each reserve the right, at their own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify such and you agree to cooperate with such defense of these claims. Specifically, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE INDEMNIFIED PARTIES AGAINST ANY LIABILITIES, DAMAGES, DEMANDS, LOSSES, CLAIMS, COSTS, FEES (INCLUDING LEGAL FEES), AND EXPENSES IN CONNECTION WITH ANY THIRD-PARTY LEGAL PROCEEDING TO THE EXTENT ARISING FROM OR ANY ACT OR OMISSION OF OR BY YOU IN RELATION TO PRODUCTS, SERVICES, USER CONTENT, OR YOUR BREACH OF THESE TERMS. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM THE INDEMNIFIED PARTIES AS A RESULT OF PCN’S DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF OUR CONCLUSION THAT A VIOLATION OF THESE TERMS HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THESE TERMS. Your indemnification obligations under this Section are contingent upon: (a) the relevant Indemnified Party/Parties providing you with prompt written Policy of such claim (except that your indemnification obligations shall not be limited except to the extent they would be prejudiced by a delay); (b) the relevant Indemnified Party/Parties providing reasonable cooperation to you, at your expense, in the defense and settlement of such claim; and (c) you having sole authority to defend or settle such claim, provided, however, you shall obtain the relevant Indemnified Party/Parties’ written consent prior to entering any settlement which admits guilt or culpability on the part of the relevant Indemnified Party/Parties or requires the relevant Indemnified Party/Parties to take any action (such consent not to be unreasonably withheld).
25. Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE PCN MATERIALS ON THE SITE OR THE SERVICES THEMSELVES, OR ANY OTHER INTERACTIONS WITH PCN EVEN IF PCN OR A PCN-AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE INDEMNIFIED PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE INDEMNIFIED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO PCN IN THE MONTH IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE APPLICABLE CLAIM. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY ITEMS SOLD TO YOU BY THIRD PARTIES OTHER THAN PCN AND RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE SITE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PCN AND YOU.
26. Dispute Resolution.
26.1. You and PCN will negotiate in good faith to resolve expeditiously on a mutually acceptable negotiated basis between appropriate management personnel or individual for each any dispute between them that may arise.
26.2. Should any dispute between you and PCN not be resolved by such good faith negotiations, you and PCN agree to retain a sole arbitrator to resolve any dispute.
26.3. To select an arbitrator, each party agrees to submit a list of up to five (5) arbitrators to the other party within ten (10) days of the notice of arbitration. If the Parties are unable to agree to an arbitrator within fourteen (14) days of the date that the lists are submitted, two arbitrators (one from each Party’s list) shall designate an arbitrator.
26.4. All arbitration proceedings will be held and a transcribed record prepared in English. Each Party will have the right to submit discovery and take depositions of parties and non-parties in accordance with the Federal Rules of Civil Procedure.
26.5. For the duration of the arbitration, each Party will each be responsible for its own expenses. All arbitration fees and expenses, including the arbitrators’ fees, will be advanced equally by the Parties, provided, however, that the failure of a Party to timely pay its portion of any arbitration fees will entitle the other Party to a default award (if non-paying Party is the respondent) or dismissal with prejudice (if non-paying Party is the claimant).
26.6. Nevertheless, the award rendered by the arbitrator shall include costs of arbitration, reasonable attorney’s fees and reasonable costs for expert and other witnesses, and judgment on such award may be entered in any court having jurisdiction thereof.
26.7. You and PCN may, by mutual consent, submit to the exclusive jurisdiction of the courts located in King County, Washington to resolve any dispute arising out of these Terms or your access to or use of the Site or our Services, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
26.8. Nothing contained in this Section is intended to, nor shall it, limit either PCN's right to (a) obtain, in court, injunctive relief and/or other equitable remedies against any actual or threatened conduct that may cause it irreparable and/or similar harm, and/or (b) carry out any of its rights pursuant to these Terms, including, for example, and without limitation, termination, as applicable.
27. YOU AND PCN EACH AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AGAINST PCN OR ANY OF ITS OWNERS, OFFICERS, EMPLOYEES, VENDORS, AGENTS, ASSOCIATES, SUPPLIERS, AND/OR PARTNERS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE AND/OR SERVICES OFFERED BY PCN MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
28. Class Action Waiver. YOU AND PCN AGREE THAT YOU AND PCN EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND PCN AGREE OTHERWISE, ANY ARBITRATOR OR COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR OR COURT MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
29. Consumer protection laws in some jurisdictions might require that these Terms be governed by the laws of your jurisdiction and heard by competent courts in your jurisdiction. In addition, such laws may prohibit mandatory waivers of your right to be part of a class action or to limit your time limitation to commence legal proceedings. If these laws apply to you, such limitations may not be applicable.
30. Miscellaneous.
30.1. Minors. The Site and Services are not directed to minors under the age of eighteen (18) years. Consistent with applicable law, we do not knowingly collect personal information from minors under the age of thirteen (13) years without the consent of their parents or guardians. If we learn that we have inadvertently obtained information in violation of applicable laws prohibiting collection of information from minors without such consent, upon proper Policy, authority, and necessary confirmation of such, we will work to promptly delete this information.
30.2. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Washington without giving effect to any principles of conflicts of law. Your use of the Services may also be subject to other laws. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Services. EACH OF YOU AND PCN HEREBY EACH KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS. FURTHER, EACH OF YOU AND PCN HEREBY CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF THE OTHER HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE OTHER WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF YOU AND PCN ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR EACH OF THEM, RESPECTIVELY, TO ENTER INTO AGREEMENT PURSUANT TO THESE TERMS.
30.3. Force Majeure; Waiver. PCN (or its owners, officers, employees, vendors, agents, associates, suppliers, and/or partners) is not liable or responsible, nor shall be deemed to have defaulted under or breached these Terms, for any failure to perform or delay in performing its obligations under these Terms due to an event of force majeure. An event of force majeure is any event or circumstance beyond PCN's reasonable control, such as war, hostilities, act of God, earthquake, flood, fire, or other natural disaster, strike or labor conditions, material shortage, epidemic, disease, denial of service attack, government action, or failure of utilities, transportation facilities, or communication or electronic systems. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
30.4. Severability. 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.
30.5. Assignment. These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PCN without restriction. Additionally, Personal Information may be shared with or sold to actual or potential buyers (and their agents and advisors) in connection with any actual or proposed purchase, merger, acquisition, financing, reorganization, bankruptcy, receivership, sale of PCN company assets, or transition of service to another provider, provided that we inform the buyer or transferee that it must use such Personal Information only for the purposes disclosed in our Privacy Policy .
30.6. Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
30.7. Entire Agreement. These Terms, including the recitals hereto, as may be revised or supplemented via Guidelines or amendments in our discretion, is the entire agreement between us and you relating to the subject matter herein. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties hereto and are not intended to confer third-party beneficiary rights upon any other person or entity. All provisions which, by their nature, are intended to survive termination, including those with respect to payment obligations accruing prior to such termination will survive any termination of these Terms.
30.8. Copyright Complaints . If you believe that anything on our Site infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to receive notification of claimed infringement:
Heather Marsh
Full address of Designated Agent to which notification should be sent:
4455 148th ave NE
Bellevue, WA 98007
Telephone Number of Designated Agent:
425-861-6258
Email Address of Designated Agent:
hmarsh@2020lifestyles.com
Please see 17 U.S.C. §512(c)(3) for the general requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages including, but not limited to, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
30.9. Disclosures / Contact Information. The Site is operated by PCN Medical, PLLC, 4455 148th Ave NE, Bellevue, Washington 98007, email: 2020lifestyles@2020lifestyles.com. If you are a California resident, you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired users can reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at TDD (800) 326-2297 or TDD (916) 322-1700.
Last Modified: February, 17, 2026