TERMS & CONDITIONS

Effective as of March 02, 2020

 

 

Please read these Terms & Conditions (“T&Cs”), which contain important information about your relationship with PIM. You will become bound by these provisions once you accept these T&Cs.

 

These T&Cs are an agreement between you and us, PIM, and our controlled subsidiaries, assignees and agents.

 

DEFINITIONS

  • PIM services provided to you (“Services”)

  • Any equipment for which we provide Service, such as a PIMMAP terminal (collectively, a “Device”)

  • Any charges, taxes, fees, and other amounts we bill you or that were accepted or processed through your Device (“Charges”)

 

DATA PLAN

Your "Data Plan" includes your Service allotments, for example, for number of scans or data storage, records and other terms. PIM may introduce access to new technologies, features, or services that you can add for an additional charge. You can check your current usage by visiting login.pimmap.com.

 

PIMMAP ONLINE SERVICE

Your PIMMAP Online Service account balance, or your active Data Plan, gives you access to our Online Service for a limited amount of time; you must use your Services during the designated period of availability. Services will stop storing new data when your available balance reaches zero and/or you are at the end of the time period associated with your Data Plan. Monthly plan features are available for 30 days. Yearly plan features are available for 365 days. Your monthly plan will automatically renew at the end of 30 days if you have a credit card on file. Unused account balance will roll-over to the next month as long as you maintain an active account which remains in good standing. If payment fails, your Services will be suspended. Services are non-refundable (even if returned during the Cancellation Period), and no refunds or other compensation will be given for unused data or scans. You will not have access to detailed usage or data records or receive monthly bills.

 

DEVICE LOST OR STOLEN

Once you notify us that your Device has been lost or stolen, we will suspend your Services and you will not be responsible for additional usage incurred in excess of your Data Plan Charges, applicable taxes, fees, and surcharges. You are not liable for usage you did not authorize. However, the fact that your Device or account was used is some evidence of authorization. You may ask us to investigate usage you believe was unauthorized. We may ask you to provide information and you may submit information to support your request. If we determine the usage was unauthorized, we will credit your account. If we determine the usage was authorized, we will inform you within 30 days and you will remain responsible.

 

BILLING

You agree to pay all Charges we assess and bill you or that were accepted or processed through all Devices on your account. Where applicable, you may incur extra charges if you exceed your monthly quota.

 

Taxes: You agree to pay all taxes and fees imposed by governments or governmental entities. We may not give advance notice of changes to these charges. To determine taxes & fees, we use the street address you identified as your Place of Primary Use (“PPU”). The PPU for Puerto Rico customers must be in Puerto Rico. If you did not identify the correct PPU, or if you provided an address, such as a PO Box, that is not a recognized street address, does not allow us to identify the applicable taxing jurisdiction(s), you may be assigned a default location for tax purposes. Except as may be otherwise required by law, in the event you dispute your PPU or the location we assigned you and the resulting taxes or fees applied on your bill, you must request a refund of the disputed tax or fee within 30 days of the date of our bill containing such tax or fee. Regardless of any Data Plan guarantee, taxes and fees may change from time to time without notice.

 

Surcharges: You agree to pay all surcharges applicable to your Data Plan. Surcharges are not mandated or imposed on you by law, they are PIM Charges that are determined, collected and retained by us. The components and amounts of the Surcharges are subject to change without notice. Surcharges include charges, costs, fees and certain taxes that we incur to provide Services (and are not government taxes or fees imposed directly on our customers). Surcharges assessed to you will vary depending on the type of Services and the Data Plan you have. Surcharges will apply whether or not you benefit from the programs, activities or services included in the Surcharge.

 

LATE FEE

We may charge a late fee of the greater of 2.5% per month or $5 per month and a returned payment fee up to $35, subject to the maximum allowed by law. We may use a collection agency to collect past due balances and you agree to pay collection agency fees. If we accept late or partial payments, you still must pay us the full amount you owe, including late fees. We will not honor limiting notations you make on or with your checks. Late payment, non-payment or collection agency fees are liquidated damages intended to be a reasonable advance estimate of our costs resulting from late payments and non-payments by our customers; these costs are not readily ascertainable and are difficult to predict or calculate at the time that these fees are set.

 

REMOTE ACCESS

We may remotely change software, systems, applications, features or programming on your Device without notice. These changes will modify your Device and may affect or erase data you have stored on your Device, the way you have programmed your Device, or the way you use your Device. You will not be able to use your Device during the installation of the changes, even for emergencies.

 

THIRD PARTY CONTENT

You may not use or install any third party applications, software or features on a PIMMAP device. Should you do so, you are waiving all support and warranty.

 

DEVICE LICENSE

Your Device’s Software is licensed to you by PIM and/or other licensors for use on your Device only. You may only use the Software as authorized by its license. Your Device’s “Software” includes its software, interfaces, documentation, data, and Content & Apps, as each may be updated or replaced by feature enhancements or other updates.

 

You may not assign, transfer, sublicense, copy, reproduce, redistribute, resell, modify, decompile, attempt to derive the source code of, or reverse engineer all or any part of the Device or Software, or alter, disable or circumvent any digital rights management security features embedded in the Software. The Software is not transferable from one Device to another Device. You may not create derivative works of all or any part of the Software. You agree the Software contains proprietary content and information owned by PIM, its licensors, and/or other third parties. PIM, its licensors, and such other third parties reserve the right to change, suspend, terminate, remove, impose limits on the use or access to, or disable access to, the Software at any time without notice and will have no liability for doing so. You agree that your violation of the Software license harms PIM, its licensors, and/or other third parties, that this harm cannot be fully redressed by money damages, and that PIM, its licensors, and such other third parties shall be entitled to immediate injunctive relief in addition to all other remedies available.

 

TERM

You may choose to terminate the Services with PIM at any time. You are responsible for all Charges incurred through the end of your Services term. Once the Services term ends, your online access will be deactivated. In addition, cancellation of Services may affect other agreements that you have with us.

 

ACCOUNT TERMINATION

PIM reserves the right to change, limit, suspend or terminate your Services or this Agreement at any time, including if you engage in any of the prohibited uses described here. Under certain limited circumstances, we may also block your device from connecting to our servers. We will provide 14 days’ notice of any change to your Services or Data Plan. You’ll agree to any change by using your Service after the effective date of the change.

 

If you are on a price-lock guarantee Data Plan, we will not increase your monthly recurring Services charge (“Recurring Charge”) for the period that applies to your Data Plan, or, if no specific period applies, for as long as you continuously remain a customer in good standing on a qualifying Data Plan. The price-lock guarantee is limited to your Recurring Charge and does not include, for example, add-on features, taxes, surcharges, fees, or charges for extra features or Devices. If your Service or account is limited, suspended or terminated and then reinstated, you may be charged a reactivation fee and may not be eligible for your previous price-lock guarantee Data Plan.

 

CONTACT

We may contact you, on any telephone number assigned to your account for any purpose, including marketing, and in any manner permitted by law. You also expressly consent to be contacted by us, and anyone contacting you on our behalf, for any purpose, including billing, collection, or other account or service related purpose, at any telephone number or physical or electronic address where you may be reached. You agree that PIM, and anyone contacting you on our behalf, may communicate with you in any manner, including using a pre-recorded or artificial voice, using an automatic telephone dialing system to place calls or send messages, or alerts, or using an automatic e-mail system to deliver email messages. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You agree that all consents provided in this Section will survive cancellation of your Services and account.

You may contact us at www.pimmap.com or by calling 1-833-4-PIMMAP.

 

DISPUTE RESOLUTION

Dispute Resolution and Arbitration. YOU AND WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OUR PRIVACY POLICY, OUR SERVICES, DEVICES OR PRODUCTS, INCLUDING ANY BILLING DISPUTES, WILL BE RESOLVED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT. This includes any claims against other parties relating to Services or Devices provided or billed to you (such as our suppliers, dealers, authorized retailers, or third party vendors) whenever you also assert claims against us in the same proceeding.

For Puerto Rico customers, references to "small claims court" should be understood to mean the Puerto Rico Telecommunications Regulatory Board ("TRB") for matters within the jurisdiction of said agency. See OTHER TERMS REGARDING DISPUTE RESOLUTION for details on the billing dispute process in Puerto Rico.

 

For all disputes, you must first give us an opportunity to resolve your claim by sending a written description of your concerns. You and we each agree to negotiate your claim in good faith, and you agree that you may not commence any arbitration or court proceeding unless you and we are unable to resolve the claim within 60 days after we receive your claim description. You and we each agree that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue, in small claims court, claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law or this Agreement.

 

CLASS ACTION WAIVER. YOU AND WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTION. If a court or arbitrator determines in an action between you and us that any part of this Class Action Waiver is unenforceable with respect to any claim, the arbitration agreement and Class Action Waiver will not apply to that claim, but they will still apply to any and all other claims that you or we may assert in that or any other action. If you opt out of the arbitration provision as specified above, this Class Action Waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt out requirements above.

 

JURY TRIAL WAIVER. If a claim proceeds in court rather than through arbitration, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

 

CHOICE OF LAW

This Agreement is governed in accordance with the laws of the State of New Jersey.

 

WARRANTY

All PIMMAP Devices will include a Warranty Certificate. Except for any written warranty provided with a PIMMAP Device you purchase from us, and to the extent permitted by law, the Services and Devices are provided on an “as is” and “with all faults” basis and without warranties of any kind. We can’t and don’t promise uninterrupted or error-free service and don’t authorize anyone to make any warranties on our behalf. This doesn’t deprive you of any warranty rights you may have against anyone else.

 

LIMITATION OF LIABILITY

To the extent permitted by law, you and we each agree to limit claims for damages or other monetary relief against each other to direct and actual damages regardless of the theory of liability. This means that neither of us will seek any indirect, special, consequential, treble, or punitive damages from the other. This limitation and waiver also apply to any claims you may bring against any other party to the extent that we would be required to indemnify that party for such claim. You agree we are not liable for problems caused by you or a third party, or by any act of nature or force majeure. You also agree we aren't liable for missed or deleted data records, scans or entries that get lost or deleted, or for failure to sync with the server.

 

INDEMNIFICATION

You agree to defend, indemnify, and hold us and our directors, officers, and employees harmless from any claims arising out of use of the Services or Devices, breach of the Agreement, or violation of any laws or regulations or the rights of any third party by you, any person on your account, or any person you allow to use the Services or your Device.

 

ADDITIONAL TERMS

If we don't enforce our rights under this Agreement in one instance, that doesn't mean we won't or can't enforce those rights in any other instance. If any part of the Agreement is held invalid that part may be severed from the Agreement.

You can't assign or transfer the Agreement or any of your rights or duties under it without our written consent. We may assign or transfer all or part of the Agreement, or your debts to us, without notice. You understand that the assignment or transfer of all or any part of this Agreement or your debt will not change or relieve your obligations under this Agreement.

The Agreement is the entire agreement between you and us regarding the rights you have with respect to your Services, except as provided by law, and you cannot rely on any other documents or statements by any sales or service representatives or other agents.

The original version of the Agreement is in English. To the extent there are conflicts between the English version and any other language version, the English version will control.

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