TERMS OF USE

AGREEMENT BETWEEN USER AND PSMI

PSMI Customer Portal is operated by Production Services Management, Inc. (“PSMI”).

The PSMI Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the PSMI Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

PSMI reserves the right to change the terms, conditions, and notices under which the PSMI Web Site is offered, including but not limited to the charges associated with the use of the PSMI Web Site.

LINKS TO THIRD PARTY SITES

The PSMI Web Site may contain links to other web sites (“Linked Sites”). The Linked Sites are not under the control of PSMI and PSMI is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.  PSMI is not responsible for webcasting or any other form of transmission received from any Linked Site.  PSMI is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PSMI of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the PSMI Web Site, you warrant to PSMI that you will not use the PSMI Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.  You may not use the PSMI Web Site in any manner which could damage, disable, overburden, or impair the PSMI Web Site or interfere with any other party’s use and enjoyment of the PSMI Web Site.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the PSMI Web Site.

MAINTENANCE OF CONFIDENTIALITY

PSMI generated reports may aggregate and organize data that you provide to PSMI.  While the data you provide to PSMI remains owned by you, you agree that you will not use any reports that PSMI provides to you for anything other than your internal business purposes.  Otherwise, you will maintain all PSMI generated reports as confidential and not share them with third parties for any purpose without the prior written consent of PSMI.  You will not reverse engineer, disassemble or decompile any prototypes, software, computer code, or other property or objects that are provided to you by PSMI.  If you disclose any such materials to any third party within your organization, then you will be liable for all conduct, action, or inaction of the third party relating to the use of the PSMI reports as if such conduct, action or inaction was performed by you.

USE OF COMMUNICATION SERVICES

The PSMI Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”).  You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.  By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes, or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal, or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.

PSMI has no obligation to monitor the Communication Services. However, PSMI reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.  PSMI reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
PSMI reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in PSMI’s sole discretion.

Always use caution when giving out any personally identifying information about yourself in any Communication Service.  PSMI does not control or endorse the content, messages, or information found in any Communication Service and, therefore, PSMI specifically disclaims any liability with regard to the Communication Service and any actions resulting from your participation in any Communication Service.  Managers and hosts are not authorized PSMI spokespersons, and their views do not necessarily reflect those of PSMI.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and dissemination.  You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO PSMI OR POSTED AT ANY PSMI WEB SITE

PSMI does not claim ownership of the materials you provide to PSMI (including feedback and suggestions) or post, upload, input or submit to any PSMI Web Site or its associated services (collectively “Submissions”).  However, by posting, uploading, inputting, providing or submitting your Submission you are granting PSMI, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. PSMI is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in PSMI’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

MOBILE SERVICES

We may offer services that are available via your mobile phone, including, without limitation, the ability to upload content to the PSMI Web Site, blog post and send and receive messages, instant messages, location information, data transactions and other types of communications that may be developed for the PSMI Web Site (collectively “Mobile Services”).  Your mobile carrier’s normal messaging, data and other rates and fees may apply when using the Mobile Services.  In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier and not all Mobile Services may work with all mobile carriers or devices.  By providing your cell number upon registering or by using any Mobile Services, you agree that we may communicate with you regarding PSMI, the PSMI Web Site and other entities, by SMS, MMS, text message, push message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PSMI WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.  CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.  PSMI AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PSMI WEB SITE AT ANY TIME.  ADVICE RECEIVED VIA THE PSMI WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

PSMI AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE PSMI WEB SITE FOR ANY PURPOSE.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PSMI AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PSMI OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PSMI WEB SITE, WITH THE DELAY OR INABILITY TO USE THE PSMI WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PSMI WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE PSMI WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PSMI OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PSMI WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PSMI WEB SITE.

INDEMNITY

You agree to indemnify, release and hold harmless PSMI, its subsidiaries, affiliates, directors, officers, employees, consultants and agents from and against any and all losses, liabilities, claims, demands, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any content, any third party content you post or link to or any third party sites you link to on the PSMI Web Site, your conduct in connection with the PSMI Web Site or with other users of the PSMI Web Site, or any violation of the Terms of Use or of any law or the rights of any third party.  By way of example, and not as a limitation, you agree that if you intentionally or unintentionally share your password with others and unauthorized disclosures result, then you will indemnify, release and hold PSMI harmless from any resulting harms as described herein.

SERVICE CONTACT :
customerportal@psmicorp.com

USE RESTRICTIONS

You agree that you will not to directly or indirectly sell, distribute, reverse engineer, or sublicense any content or software made available to you on the PSMI Web Site or any portion thereof, or use such material other than through the PSMI Web Site.

TERMINATION/ACCESS RESTRICTION

PSMI reserves the right, in its sole discretion, to terminate your access to the PSMI Web Site and the related services or any portion thereof at any time, without notice.

ACCEPTANCE OF PSMI's PRIVACY POLICY

By using PSMI’s Web site, you acknowledge that you have reviewed and consented to the use of the information you provide us about yourself in accordance with the terms of PSMI's Privacy Policy.

LOCAL LAWS

We control and operate the PSMI Web Site from within the United States and make no representation that the content, services or information is appropriate or will be available for use in other locations.  Unless otherwise explicitly stated, all marketing or promotional materials found on the PSMI Web Site are solely directed to individuals, companies, or other entities located in the United States.  If you use the PSMI Web Site from outside the United States, you are entirely responsible for compliance with applicable local laws, including, but not limited to, export and import regulations.

AGE OF USERS

Any use of or access to the PSMI Web Site by anyone under 18 is not permitted and violates our Terms of Use.  By using or accessing  the PSMI Web Site, you represent and warrant that you are 18 years of age or older and fully able to enter into and abide by all of our Terms.  We may terminate your access to the PSMI Web Site and delete any profiles, content or dates you may have created or posted if we believe, in our sole discretion, that you are less than 18 years old.

GOVERNMENT USE

If you are accessing the PSMI Web Site on behalf of the United States Government (“USG”), then the following provision applies:
All software on the PSMI Web Site constitutes commercial computer software.  If acquired by or on behalf of an agency, department, or other entity of the USG, the use, duplication, reproduction, release, modification, disclosure or transfer of this software, and any related documentation of any kind, including technical data or manuals no matter how received by the USG, is restricted by the terms and conditions of a license agreement in accordance with Federal Acquisition Regulation 12.212 for civilian agencies, and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies.  All other use is prohibited.

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Michigan, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Washtenaw County, Michigan, U.S.A. in all disputes arising out of or relating to the use of the PSMI Web Site. Use of the PSMI Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and PSMI as a result of this agreement or use of the PSMI Web Site. PSMI’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of PSMI’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the PSMI Web Site or information provided to or gathered by PSMI with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and PSMI with respect to the PSMI Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and PSMI with respect to the PSMI Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT NOTICE:

All contents of the PSMI Web Site are:

© 2015 by PSMI.  All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.