Last Updated Date: November 1, 2024
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
WHERE PERMITTED BY STATE, THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH [NAME OF SELLER], OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

The following Terms of Use along with our Privacy Policy, and Accessibility Statement relating to your use of this Website (https://www.pmkamerica.com/) owned and operated by PMK America Corp. (“PMK America”). Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
1. Acceptance. Your use of this Website constitutes acceptance of these Terms. You must be at least 18 years of age to use this website. If you do not agree to the Terms of Use, then you shall not use this Website.
2. Intellectual Property. This Website contains the intellectual property of PMK America. Intellectual property includes copyrights, trademarks, and trade dress. PMK America’s intellectual property must not be used in connection with any other product or service, copied, or reproduced without the written consent of PMK America.
3. Orders. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
4. Promotions. PMK America may offer promotions, discounts, contests, sweepstakes, or other offers from time to time. These will be subject to additional terms, rules, or policies provided therein.
5. Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
6. Informational Purposes Only. This Website may include content such as information, tips, facts, views and opinions about test and measurement products, and accessories therefore that PMK America deems worthy of publication. Such content is for informational purposes only and is not considered professional advice and should not be construed as professional advice or used to diagnose or treat any conditions.
7. Third-Party Pages. Through this Website, you may be able to access websites or web pages owned or operated by third parties. Any products, services, or information available on third party websites or web pages are not offered by PMK America. PMK America is neither responsible nor liable for the content of any linked website nor for the accuracy of any information provided therein. If you access a third party website from this Website, you do so at your own risk. A hyperlink to a third-party website does not imply that PMK America endorses the content on or the business of the hyperlinked website. PMK America is not responsible for any loss or damage of any sort relating to your dealings with such third parties.
8. Termination. PMK America may without notice terminate your license to use the Website, and to block or prevent future access to and use of the Website.
9. Non-Acceptable Uses. The following are not acceptable uses of this Website:
• market, sell or make commercial use of the Website or any Site Materials;
• systematically collect and use any data or content including through the use of any spiders, robots, or similar data gathering, mining, or extraction methods;
• make derivative uses of the Website or Website content; or
• utilize framing techniques to enclose any portion of this Website, including the images found at this Website or any text or the layout/design of any page or form contained on a page.
10. Content Deletion Request. You may request PMK America to delete your ratings, reviews, social media posts, or links to your content on third-party sites where you have discussed, showed, or reviewed PMK America goods and services. To make such request, please email us at mp@pmkamerica.com and include the following information: your name, social media handle or username if applicable, you email address, the reason you are requesting deletion of your content, the date the content was posted or published, and the URL of the specific content you wish to be deleted. Requests are subject to PMK America’s approval. Please allow up to 20 business days to process your request.
11. Warranties Disclaimer. PMK AMERICA’S OFFERINGS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER PMK AMERICA NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR ANY OFFERING. PMK AMERICA AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, OR STATUTORY) WITH RESPECT TO THE SITE, WHICH INCLUDES BUT IS NOT LIMITED TO ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
12. Limitation of Liability. IN NO EVENT WILL PMK AMERICA BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
PMK AMERICA’S SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH THE WEBSITE.
13. Indemnification. You agree to defend, indemnify and hold PMK America and its officers, directors, shareholders, affiliates, employees, agents, contractors, assigns, users, customers, providers, licensors, and successors in interest ("Indemnified Parties") harmless from any and all losses, liabilities, damages, fees, expenses, and costs (including reasonable attorneys' fees, court costs or arbitration costs, damages awards, and settlement amounts), resulting from any third-party claim, action, or demand relating to: (a) your use of or access to any goods or services offered by PMK America; (b) your content; (c) your breach of any representation, warranty, or other provision of these Terms; (d) your violation of any applicable law, rule or regulation; (e) your willful misconduct; or (f) any other party's access and use of the Website or any of PMK America’s offered goods and services with your unique username, password, or other appropriate security code. We will provide you notice of any such claim or allegation, and we reserve the right to participate in the defense of any such claim at our own expense.
14. Arbitration Agreement. You and PMK America agree to resolve claims relating to these Terms through binding arbitration, WITH THE EXCEPTION OF VIOLATIONS OF PMK AMERICA’S INTELLECTUAL PROPERTY RIGHTS. Arbitration shall be initiated through JAMS.
a. Any dispute arising out of or relating to these Terms will be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267.
b. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If travelling to Oregon is a burden, you may fully participate in the arbitration by phone or via document submission allowable by the arbitrator. Each party will bear their own costs of arbitration. Arbitration under this Arbitration Agreement shall be held in the United States in Portland, Oregon, under Oregon law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
c. You may decline this Arbitration Agreement and opt out of arbitration by emailing PMK America at mp@pmkamerica.com and providing the following: your name, your address, your phone number, the URL to these Terms, and a clear statement that you wish to opt out of this Arbitration Agreement in the PMK America Terms. You must email us no later than 60 days from the date you first used the Website or you made a purchase—whichever occurred first. Disputes will be resolved in small claims court and in which YOU AGREE TO WAIVE A TRIAL BY JURY.
15. No Class Actions. You agree you may only resolve disputes with PMK America on an individual basis and shall not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action in court or with other arbitrations.
16. Choice of Law and Venue If You Have Opted Out of Arbitration. These Terms are governed and construed in accordance with the laws of Oregon, United States, without regard to its conflict of law provisions. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of (i) a state court of competent jurisdiction located in Portland, OR, or (ii) the United States District Court for the District of Oregon if you have opted out of arbitration.
17. Force Majeure. PMK America will neither be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, pandemic, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials, or telecommunication breakdown, or power outage.
18. No Waiver. PMK America’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and PMK America regarding use of this Website, and supersedes and replaces any prior agreements.
19. CALIFORNIA TRANSPARENCY IN SUPPLY CHAIN ACT DISCLOSURE
a. Since 2012, the California Transparency in Supply Chain Act requires retail sellers and manufacturers doing business in California to disclose the efforts made to ensure its supply chains are free from slavery and human trafficking in effort to eradicate slavery and human trafficking from product supply chains.
b. PMK America is committed to being responsible in its business practices and takes steps with its product suppliers to ensure compliance with United States federal and state laws.
c. PMK America will not do business with any supplier that is not in compliance with its own accountability standards.
20. For California Residents with Complaints. Under Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by contacting them at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254. or for hearing impaired persons at 711, or 1-800-735-2929 (TTY).
21. Designated Responsible Person: Michael Mende, michael.mende@pmkamerica.com, +503-919-7540