Terms and Conditions

PMG Marketing, LLC Electronic End-User Software License Agreement

These Terms of Use (the “Terms”) govern the use of the pmgmarketing.net, jobmax360.net, leadmax360.net and affiliate websites (the “Site”) by any individual and/or entity visiting the Site (“You” and “Your”). Please read all of the Terms before using the Site. By continuing to access, link to, or use the Site, You are agreeing to these Terms and entering into a legally binding contract. You should not use the Site if You are unwilling or unable to be bound by these Terms. PMG Marketing,LLC, its subsidiaries and affiliates (collectively, “PMG”) may, from time to time, modify these Terms and, in such event, PMG shall post a copy of the amended Terms on the Site. PMG encourages users to check regularly for such modifications. You shall be deemed to have accepted these Terms as amended if You continue to use the Site after any amendments are posted.

Article 1. Use and Restrictions

1.1 Site Operation. The Site is controlled and operated within the United States. PMG makes no representations or warranties that the content and/or materials of the Site are appropriate or lawful in any foreign countries. Those who choose to access the Site from other countries are responsible for compliance with any and all applicable local laws. 1.2 Rights and Responsibilities Regarding Usage. You acquire no rights or licenses in or to the Site and/or materials contained within the Site other than the limited right for You to use the Site in accordance with these Terms. You represent and warrant that You shall use the Site only as set forth in the Terms, and in compliance with any other applicable terms of use set forth on the Site. You may not use the Site for any illegal purpose, to facilitate the violation of any law or regulation, or in a manner inconsistent with the Terms. Your use of the Site is solely for Your own personal, non-commercial use and benefit. You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, download, or in any way exploit any part of the Site, except as set forth in the Terms or as explicitly specified on the Site. You may download materials from the Site and/or make a reasonable number ofcopies of the material from the Site for Your own personal, noncommercial use and benefit, provided that You retain all copyright and other proprietary notices. 1.3 YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND YOU ACKNOWLEDGE THAT ALL INFORMATION CONTAINED ON THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” to the maximum extent permitted by applicable law, PMG MAKES NO WARRANTIES OF ANY KIND UNDER THESE TERMS AND/OR THE SITE, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Article 2. Intellectual Property

2.1 Ownership. The Site is protected by copyrights, trademarks, trade names, service marks, and/or other proprietary rights and laws of the United States and other countries. The Site is also protected as a collective work or compilation under United States copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the Site. You acknowledge that the Site has been developed by PMG and others and constitutes valuable intellectual property of such parties. You agree to protect the proprietary rights of PMG and all others having rights in the Site during and after the term of this agreement. All present and future rights in and to trade secrets, patents, copyrights, trademarks, trade names, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Site shall, as between You and PMG, at all times be and remain the sole and exclusive property of PMG. You may not use any of PMG’s patents, copyrights, trademarks, trade names, service marks, or logos in any manner which creates the impression that such items belong to or are associated with You or, except as otherwise provided herein, are used with PMG’s consent, and You acknowledged that You have no ownership rights in or to any of such items or other proprietary rights.

Article 3. Content and Submissions

3.1 Rights and Responsibilities Regarding Content. You are solely responsible for any and all content and materials which You post to the Site (“Your Content”), and You acknowledge that once published, Your Content cannot always be withdrawn. When using the Site, You shall not submit, upload, post, or otherwise make available any material that (a) is inappropriate, profane, defamatory, infringing, obscene, indecent, unlawful, or otherwise objectionable; (b) infringes any trade secrets, patents, copyrights, trademarks, trade names, service marks, know-how, or other intellectual property, proprietary, privacy or publicity rights; (c) contains any commercial, promotional, or solicitation information; or (d) contains software viruses, worms, or any other harmful, invasive, or corrupted files, including but not limited to, those designed to interrupt, destroy, or limit the functionality of any computer. 3.2 License Grant. Unless PMG indicates otherwise, You hereby grant PMG a non-exclusive, transferable, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display Your Content in any form, media, or technology now known or hereafter developed. To the extent that You permit sharing of Your Content with other users or to the extent that Your Content is publicly available through any services provided by PMG, You also hereby grant each user of the Site a non-exclusive license to access Your Content through the Site, and to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display Your Content to the extent permitted through the functionality of the Site and under the Terms. You represent and warrant that (a) You own or otherwise control all of the rights to Your Content; (b) Your Content does not violate the Terms and shall not cause injury to any person or entity; and (c) You shall indemnify PMG for all claims resulting from Your Content. PMG takes no responsibility and assumes no liability for any content submitted by You or any third party. PMG may, but is not required to, monitor the content on the Site using manual review or technical measures to screen, block, filter, edit or remove content. PMG may terminate or suspend users’ accounts or delete, edit or remove content that PMG deems, in its sole discretion, to be in violation of the Terms or otherwise inappropriate or unacceptable. All enforcement determinations are made in PMG’s sole discretion, and PMG shall not incur any liability or responsibility if it chooses to remove or delete any content.

Article 4. Linking and Framing

4.1 Linking to the Site. Without limiting any other provisions contained in the Terms, You may include a link(s) on your website to the Site. You may not link to the Site any website containing inappropriate, profane, defamatory, infringing, obscene, indecent, unlawful, or otherwise objectionable topics, names, or material or information that violates any applicable intellectual property, proprietary, privacy, or publicity rights. In addition, You may not imply that PMG is endorsing Your products or services. You must not frame the Site in a manner that implies that PMG is endorsing Your products or services or that the Site’s webpages or content are part of Your website or that You have a license to use the Site’s webpages or content. 4.2 Other Websites. Content of other websites, services, goods, or advertisements that may be linked to or from the Site is not maintained or controlled by PMG, and PMG is therefore not responsible for the availability, content, or accuracy of such content.

Article 5. Limitation of Liability


Article 6. Indemnity

6.1 Scope. Expressly subject to LeadFormix’s compliance with the procedures and requirements set forth in Article 6.2 below, You shall, at Your expense, defend PMG against all suits or claims brought by a third party arising out of or in connection with the Site, or any links on the Site, including but not limited to: (i) any breach or violation of the Terms by You or someone using Your computer (“Your User(s)”); (ii) Your use or Your User’s use of the Site; (iii) a claim that any use of the Site by You or Your User infringes any intellectual property right of any third party or otherwise results in injury or damage to any third party; or (iv) any deletions, additions, insertions or alterations to, or any unauthorized access or use of, the Site by You or Your User, and indemnify PMG against any associated damages finally awarded by a court of competent jurisdiction or agreed to in a settlement by You (including reasonable attorney’s fees). 6.2 Indemnity Procedures. The party seeking indemnification shall: (i) within fifteen (15) days after becoming aware of a suit or claim, provide written notice to the indemnifying party; (ii) grant sole control of the defense and settlement of the suit or claim to the indemnifying party, except that the indemnifying party must have the written approval of the party seeking indemnification prior to any settlement that reasonably can be expected to result in payment of damages by the party seeking indemnification; and (iii) provide reasonable cooperation to the indemnifying party and, at the indemnifying party’s request and expense, assistance in the defense or settlement of such claim or suit. 6.3 Entire IP Infringement Liability. This Article 6 sets forth each parties’ liability and the other party’s sole and exclusive remedy for indemnification.

Article 7. Miscellaneous

7.1 Privacy Policy. The Site’s Privacy Policy can be found at the following: http://www.pmgmarketing.net/#!privacy-policy/c12c5 7.2 Survivability. The provisions of these Terms, which by their nature one would reasonably intend to survive the Terms shall survive it, including terms addressing ownership, warranty, limitation of liability, indemnity and the applicable miscellaneous sections. 7.3 Law and Jurisdiction. Alabama law shall govern these Terms, excluding its conflict of laws provisions. The provisions of any federal or state Uniform Computer Information Transactions Act shall not apply. The parties expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods. The federal and state courts in the Shelby County District of Alabama shall have exclusive jurisdiction with respect to any action arising out of, relating to or in any way connected with these Terms. 7.4 Article and Section Headings. The Article headings herein are provided for convenience only and have no substantive effect on the construction of these Terms. 7.5 Severability. If any provision of these Terms is held to be unenforceable, the Terms shall be construed without such provision. 7.6 Waivers. The failure by a party to exercise or enforce any right hereunder shall not operate as a waiver of such party’s right to exercise or enforce such right or any other right in the future. 7.7 Entire Agreement. The Terms constitutes the entire agreement and understanding between the parties concerning Your use of the Site and may not be modified by custom or usage. 7.8 Copyright Agent for Copyright Infringement Claims (Digital Millennium Copyright Act). If You would like to file a notification for copyright infringement pursuant to the Digital Millennium Copyright Act regarding any content or material available on this Site, please contact us at support@pmgmarketing.net. 7.9 Questions Regarding the Site. For inquiries regarding the Site, please contact us at support@pmgmarketing.net.