Federal Tax Credit applies to PSAPLING purchases
These General Terms and Conditions (“PSAPLING Terms”) apply to the website owned, operated, and maintained by or on behalf of PSAPLING, LLC and its affiliates (collectively, “PSAPLING” or “we” or “us”) and the products, content, services data, software, and tools accessed or sold through PSAPLING’s website (the “Site”), applications (including mobile applications), at PSAPLING events, or at PSAPLING’s physical locations (collectively the “Services”). In the event of a conflict between these PSAPLING Terms and any signed contract between you and PSAPLING, or its affiliates, the signed contract shall control to the extent of such conflict.
THESE PSAPLING TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THESE PSAPLING TERMS CAREFULLY.
THESE PSAPLING TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS (SEE THE SECTION ENTITLED “DISPUTE RESOLUTION – ARBITRATION AND CLASS ACTION WAIVER" BELOW).
BY USING THE PSAPLING WEBSITES, PLACING AN ORDER FOR A PSAPLING OR OTHER PRODUCTS OR SERVICES, YOU ACCEPT AND ARE BOUND BY THESE PSAPLING TERMS.
YOU MAY NOT ORDER OR OBTAIN A PSAPLING PRODUCT OR SERVICES FROM PSAPLING IF YOU (A) DO NOT AGREE TO THESE PSAPLING TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH PSAPLING, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
Dispute Resolution – Arbitration Agreement and Class Action Waiver
To the fullest extent permitted by applicable law and except for small claims or if you choose to opt-out as provided below, you and PSAPLING agree to resolve any claims, demands, disagreements, or disputes between us whether based in contract, tort, statute or otherwise arising from or related to these PSAPLING Terms or our relationship, including advertising and other communications between you and PSAPLING, PSAPLING Products or Services, and as applicable, your credit application, or the purchase or condition of a vehicle (a “Dispute”) by binding arbitration conducted by the American Arbitration Association (“AAA”) in accordance with the AAA Consumer Arbitration Rules, unless you and we agree otherwise. For more information on arbitration and to access the AAA Consumer Arbitration Rules, please visit: www.adr.org. If the AAA Consumer Arbitration Rules conflict with this Agreement, then this Agreement shall control. You and we understand that we are both waiving our rights to go to court (other than small claims court, as provided below), to present our claims to a jury and to have claims resolved by a jury trial, and also that judicial appeal rights, if any, are more limited in arbitration than they would be in court.
Unless otherwise prohibited by federal or state law or regulation, any arbitration, and any award issued in an arbitration, shall be kept confidential, except to the extent necessary to seek court intervention (such as to enforce an award).
Initial Dispute Resolution Requirement
Most disputes can be resolved without resort to arbitration or small claims court. For any Dispute, you and we agree that before taking any formal action to initiate arbitration or a small claims suit we will contact the other in an attempt to resolve the Dispute. You will contact us at firstname.lastname@example.org and provide a brief, written description of the Dispute and your contact information. We will contact you at your contact information on file with PSAPLING. You and PSAPLING agree to use reasonable efforts to settle any Dispute directly and good faith negotiations shall be a pre-condition to either party initiating a small claims suit or arbitration.
Fees & Costs
AAA’s Consumer Arbitration Rules will govern the allocation of arbitration fees and costs between you and PSAPLING. However, if your arbitration case filing fee exceeds the filing fee you would pay to file the action in a court of law, PSAPLING will pay the amount of your case filing fee in excess of the filing fee you would pay in a court of law. The amount we pay may be reimbursed in whole or in part by decision of the arbitrator if s/he finds that applicable law allows such reimbursement because your claims were frivolous or brought in bad faith. You are responsible for your own attorneys' fees unless applicable law provides otherwise.
Arbitration Location and Procedure
Arbitration shall be initiated and take place in the city or county of your residence unless you and PSAPLING agree otherwise, or, if you reside outside of the United States, in Montana. If your claim does not exceed $25,000, then the arbitration will be conducted solely on the basis of documents you and PSAPLING submit to the arbitrator. If your claim exceeds $25,000, you and PSAPLING may agree to conduct arbitration by videoconference or teleconference or conduct a document-only arbitration without any hearing.
This Dispute Resolution – Arbitration and Class Action Waiver, its subject matter, formation and enforceability will be governed by the Federal Arbitration Act as interpreted by the federal courts, and not any state law regarding arbitration. The statute of limitations laws of the State in which PSAPLING is licensed to sell motor vehicles that is nearest to your delivery address, without regard to choice or conflict of law principles, will apply to any claims brought in arbitration.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Section, including but not limited to any claim that all or any part of this Section is void or voidable, whether a claim is subject to arbitration or the question of waiver by litigation conduct. However, the parties agree that any issue concerning the validity of the class action waiver below must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver. The arbitrator shall be empowered to grant whatever relief would be available to you in your individual capacity in a court under law or in equity, including public injunctive relief. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Class Action Waiver
The parties further agree that the arbitration shall be conducted in each party’s respective individual capacity only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND PSAPLING AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, NEITHER YOU NOR PSAPLING WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CONSUMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If a court or arbitrator finds this Class Action Waiver provision to be unenforceable as to a particular class or representative action, then this entire Dispute Resolution – Arbitration and Class Action Waiver Section shall be null and void as to that class or representative action, and the action may only be brought in court rather than in arbitration.
Small Claims Court
Subject to the Initial Dispute Resolution Requirement, either party may bring an individual action in small claims court consistent with the jurisdictional limits that apply to that forum.
Except as provided in the Class Action Waiver Section above, if any competent legal authority determines any part of this Dispute Resolution – Arbitration and Class Action Waiver Section is illegal or unenforceable, then such part will be eliminated and the remainder of this Dispute Resolution – Arbitration and Class Action Waiver Section will remain in force and effect and the unenforceable part shall be deemed to be modified solely to the extent necessary to make it enforceable.
This Dispute Resolution – Arbitration and Class Action Waiver shall survive the end of this Agreement and/or your relationship with PSAPLING, including the end of any promotion or contest, opt-out of communication or other use or participation in any PSAPLING Product or Service.
You agree to defend, indemnify, and hold harmless PSAPLING and its affiliates, successors and assigns, and its and their directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by PSAPLING arising out of or relating to your use of the Site and/or Services, your violation of these PSAPLING Terms, or your violation of any rights of another.
Limitation of Liability
No Consequential or Indirect Damages. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL PSAPLING OR ANY OF ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS AND PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE PSAPLING TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE; (B) WHETHER OR NOT A PROPOSED DEFENDANT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
Maximum Liability. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL PSAPLING’S OR ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS AND PARTNERS AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS THESE PSAPLING TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS YOU PAID TO PSAPLING PURSUANT TO THESE PSAPLING TERMS.
This extends to your downloading, UPLOADING OR SUBMISSION of any materials, data, text, images, video or audio from OR TO this Site, including but not limited to any issues caused by viruses, bugs, or any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections. In the event of any problem with this Site, you agree that your sole remedy is to cease using the Site.
PSAPLING will not be liable or responsible to you, nor be deemed to have defaulted or breached these PSAPLING Terms, and you will not be liable or responsible to PSAPLING, nor be deemed to have defaulted or breached these PSAPLING Terms (except for your failure to meet your payment obligations), for any failure or delay in performance under these PSAPLING Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our or your reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, 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.
If any competent legal authority determines any part of these PSAPLING Terms is illegal or unenforceable, then such part will be eliminated and the remainder of these PSAPLING Terms will remain in force and effect and the unenforceable part shall be deemed to be modified solely to the extent necessary to make it enforceable.
Third Party Partner Terms and Conditions
PSAPLING offers the ability to access third party services. These third-party partners may have their own terms and conditions, including payment terms and privacy policies. You agree that any use of these products, services, or functionality is subject to these additional legal agreements with those partners, where applicable.
PSAPLING may permanently terminate or temporarily suspend all or part of your access and rights to the PSAPLING Services at any time without notice to You.
Updates to the Terms and Conditions
PSAPLING may modify these terms and conditions at any time with or without notice to You. Your continued use of the Site and/or Services will be deemed as acceptance of any such new terms and conditions.
Choice of Law
These PSAPLING Terms, its subject matter and its formation, and any related non-contractual disputes or claims, are governed by the laws of Montana, U.S.A., without regard to choice or conflict of law principles of any jurisdiction, except as otherwise provided in the Arbitration Agreement or the supplemental terms applicable to your region or a specific product or service. This Choice of Law provision applies only to the interpretation of these PSAPLING Terms and is not intended to create any other substantive right to non-Montanans to assert claims under Montana law or bring claims in Montana courts whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in the Arbitration Agreement, are only intended to specify the use of Montana law to interpret these PSAPLING Terms, and these provisions shall not be interpreted as generally extending Montana law to you if you do not otherwise reside in Montana. With respect to Vehicle purchase or service, the law in the State in which PSAPLING is licensed to sell motor vehicles that is nearest to your delivery address or the location where you actually purchased your vehicle, if different, shall apply to any transactions with that licensed dealership location.
PSAPLING’s Intellectual Property
PSAPLING is the owner or the licensee of the Site, including the source code, and PSAPLING App, all content of the Site, and all the material published on the Site, as well any newsletter, updates, emails, and/or social media or informational updates and/or postings (collectively “Content”). PSAPLING owns or licenses various trademarks, graphics, logos, designs, page headers, button icons, scripts and service names.
You acknowledge and agree that PSAPLING’s (i) patents, copyrights, trademarks, service marks, trade secrets, Content and other intellectual property (collectively, “Intellectual Property”) are solely PSAPLING’s property, and (ii) nothing in these Terms shall confer in you any right of ownership or license rights in our Intellectual Property or the Intellectual Property of PSAPLING’s licensors or suppliers. In addition, you shall not now or in the future contest the validity of our Intellectual Property. Without limiting the previous sentence, the Services, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the property of PSAPLING or its licensors or suppliers, and are protected by U.S. and international copyright, trademark and other laws, regulations or treaties. The compilation (meaning the collection, arrangement, and assembly) of all Content associated with the Services is the exclusive property of PSAPLING and protected by U.S. and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content through our Services is strictly prohibited.
Subject to your compliance with these PSAPLING Terms, PSAPLING grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the Sites and the Services solely for your personal or internal use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the Sites, the Services, or any other content available via the Sites or the Services. All rights not expressly granted to you in these PSAPLING Terms are reserved and retained by PSAPLING.
User Content and Standards
If you provide us with any text, graphics, photos or other materials or content (“User Content”), you grant us a non-exclusive, perpetual, transferable, irrevocable, assignable, royalty-free, fully paid up, sub-licensable right and license to use, reproduce, distribute, create derivative works from, publicly perform, display, store, digitally perform, make or deliver digital audio transmissions, encode, transcode, publish (online, through the Services, on any other website(s), as well as through mobile channels, and offline, in print, radio, television or elsewhere), make, have made, sell, offer for sale, import and commercialize User Content, or any portion thereof, in any manner and context, in any way, in any and all media now known or hereinafter developed and on any device(s), whether or not portable, wired, or wireless, without limitation, throughout the universe. You further agree to waive your right to be identified as the author of User Content and your right to object to derogatory use or treatment of such User Content. If PSAPLING does decide, in its sole discretion, to attribute User Content to you, you hereby grant PSAPLING the right to use your name (and/or any user name), image, likeness, and/or photo with respect to such attribution, and you waive any claims (including, without limitation, any privacy or publicity rights claims) with respect to such use of your name, image, likeness and/or photos. You hereby agree to waive all claims of moral rights associated with being the author of User Content, and to consent to PSAPLING doing all acts that would otherwise constitute an infringement of your moral rights, as well as waive the right to inspect or approve the finished video, photograph, sound track, web site, advertising copy or printed matter that may be used in conjunction therewith or to the eventual use in any media that it might be applied. The rights you grant above are irrevocable during the entire period of the protection of your intellectual property rights associated with such User Content. You agree that PSAPLING (i) is not under any obligation, whether of confidentiality, attribution or otherwise, and will not be liable for any use or disclosure of any User Content; (ii) is under no obligation to post, display or otherwise use any User Content; (iii) has no obligation whatsoever to provide you any compensation for the use or display of your User Content or otherwise from the exercise of the rights granted under this Section, even if PSAPLING receives compensation therefrom; (iv) has the right (but not the obligation) to monitor the User Content that you or third parties post, and to alter or remove any such User Content; and (v) has the right to disclose User Content and the circumstances surrounding its transmission to any third party in order to operate the Services, to protect ourselves and third parties, and to comply with legal obligations or governmental requests.
You are prohibited from posting any libelous, obscene, defamatory, offensive, hateful, sexually explicit/pornographic, violent, promoting of discrimination, misrepresentative of actual identity, or other materials that would violate any laws or be deemed inappropriate by PSAPLING. You shall be solely responsible for your own User Content and the consequences of posting or publishing it. PSAPLING may take any action PSAPLING reasonably deems necessary to cure or prevent any violation of these standards, including removal from this Site. In addition, PSAPLING will fully cooperate with law enforcement authorities requesting us to disclose the identity of any such individuals.
You represent and warrant that any information you provide to us, to other users, or to visitors, including but not limited to User Content, (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) doesn’t involve the sale of counterfeit or stolen items; (d) doesn’t infringe any third party’s copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) is yours or you have the necessary licenses, rights, consents, and permissions to such information and to grant the rights and licenses to PSAPLING under all patent, trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all such information in the manner contemplated in these Terms; (f) doesn’t violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and, (g) doesn’t contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information; and (h) is not intended to circumvent or violate the letter and spirit of these Terms and the lawful functioning of PSAPLING’s websites.
You further represent and warrant that you have the written consent, release, and/or permission of each and every person identified in any information you provide, including but not limited to User Content, to use the name or likeness of such person or, if such persons are minors, the written consent, release, and/or permission of such minor’s parent or legal guardian.
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to PSAPLING, you acknowledge and agree that: (a) your Contributions don’t contain confidential or proprietary information; (b) PSAPLING isn’t under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) PSAPLING shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media now known or later developed and throughout the universe; (d) PSAPLING may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of PSAPLING without any obligation of PSAPLING to you; and (f) PSAPLING is free to use any ideas, concepts, or techniques that you send PSAPLING for any purpose, including but not limited to, developing and marketing products that incorporate such ideas, concepts or techniques; and (g) you aren’t entitled to any compensation or reimbursement of any kind from PSAPLING under any circumstances.
The Site may contain hyperlinks (“links”) to web sites operated by persons or entities other than PSAPLING (“third-party Web Sites”) or to co-branded web sites operated by a third party, including affiliates (“co-branded web sites”). We provide such links for your reference and convenience only. A link from PSAPLING to a third-party web site does not imply or mean that we endorse the content on that third-party or co-branded web site or the operator or operations of that web site. You are solely responsible for determining the extent to which you use any content at any third party or co-branded web sites to which you might link from the Site. PSAPLING IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
In addition, portions of the Site may be electronically hosted by other third-party service providers. PSAPLING has, unless explicitly indicated otherwise, no control over the content or functionality of those sites and resources. PSAPLING does not endorse, guarantee, or make any representations or warranties regarding any other website, content, or materials or information accessible from any other website.
Children’s Online Privacy Protection Act
The Site is not designed or intended to collect information from children under the age of 13. PSAPLING does not knowingly collect or maintain any information from children under the age of 13. The Site is not designed with the purpose of attracting any person under age 13. To respect the privacy of children and to comply with the Children's Online Privacy Protection Act, if you are under the age of 18, you should only use the Site with the involvement of a parent or guardian.
No Reliance on Information
PSAPLING’s Site provides no information which can be used for investment and/or transactional decisions. The Content is provided for information only and is of a general and approximate nature and it is not intended to amount to, nor is, information or advice on which you should rely. In particular, the Content does not constitute professional, financial or investment advice. Professional or specialist advice should be obtained before taking, or refraining from, any action on the basis of the Content. PSAPLING is not acting, nor is it seeking to act, as a broker or dealer in respect of any securities of any companies or the information concerning such companies.
Cautionary Statement Regarding Forward-Looking Statements
PSAPLING’s web pages, blog posts, stories, news, updates, posts, press releases, presentations, audio and video files of events (whether live or recorded) and other documents, photographs and videos on our website and in our social media postings contain, among other things, forward-looking statements that reflect management's current expectations, intentions, assumptions, plans and beliefs with respect to future events or plans. The words "anticipate," "assume," "believe," “could,” "estimate," "expect," “going forward,” "intend," "may," "plan," "project," “seek,” "should," “will,” “would,” and similar expressions, identify forward-looking statements (though the absence of such words does not mean that a statement is not forward-looking). Such statements are subject to risks and uncertainties, and may change over time. These forward-looking statements reflect management’s views at the time such statements were made and are not guarantees of any outcome or result or any future performance, prospects or developments. PSAPLING and its management do not intend to (and PSAPLING expressly disclaims any obligation to) update or otherwise revise such forward-looking statements, whether as a result of new information, future events or otherwise. You are strongly cautioned that reliance on any forward-looking statements involves known and unknown risks and uncertainties, and any or all of our forward-looking statements may ultimately be inaccurate or incorrect. Accordingly, you should not place undue reliance on any forward-looking statements, which are current only as of the date such statements are made. All forward-looking statements on our website and in our social media postings are qualified by reference to this cautionary statement section.
THE SITE IS PRESENTED “AS IS” AND NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE MADE REGARDING THE CONTENT OF THE SITE OR ANY MATERIALS PUBLISHED ON THE SITE.
Specifically, without limitation, PSAPLING does not warrant that you will be able to use the Site or that any portion of this Site will be free of viruses, Trojan horses, or other technical defects.
In addition, it is your responsibility to check that the Site’s content is accurate and/or complete. The Site may be updated from time to time and may change its content at any time. Although PSAPLING makes reasonable efforts to update the information on the Site, it makes no representations, warranties or guarantees, whether express or implied, that the Content is accurate, complete or up-to-date.
Local Regulatory Restrictions
The Site is not directed at any person in any jurisdiction where (by reason of nationality, residence or otherwise) the access to or availability of the Site is prohibited or which would be subject to any restriction, including registration or other requirements within such jurisdiction. PSAPLING reserves the right to limit access to the Site to any such persons. Persons who access the Site do so on their own initiative and are responsible for compliance with applicable law. If in doubt, you should seek independent legal advice.
Accessing and Using the Site
It is not guaranteed that the Site, or any content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary “as is” basis. All or any part of the Site, without notice, may be suspended, withdrawn, discontinued, removed or changed. PSAPLING will not be liable to you if for any reason the Site (or any portion thereof) is unavailable (temporarily or permanently) at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons to whom you provide access to the Site are made fully aware of these PSAPLING Terms and other applicable terms and conditions, and that they comply fully with them.
You may only use the Site for lawful purposes.
Considerations for Non U.S. Customers
PSAPLING’s headquarters are located in the United States, and the Site is based in the United States. Please be aware that information you provide to us, or that we obtain as a result of your use of the Site, may be processed and transferred to the United States and be subject to United States law. The privacy and data protection laws in the United States may not be equivalent to such laws in your country of residence. By using the Site, or by providing us with your information, you consent to this collection, transfer, storage, and processing of information to and in the United States.
Digital Millennium Copyright Act Notice
PSAPLING complies with the notice-and-takedown procedures set out in Section 512(c) of the United States Digital Millennium Copyright Act (DMCA), which applies to content reported and removed for violating U.S. copyrights. If you are a copyright owner and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing PSAPLING’s Copyright Agent with the following information in writing:
· The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit PSAPLING, the service provider, to locate the material;
· Information reasonably sufficient to permit PSAPLING to contact you, such as an address, telephone number, and, if available, an email address;
· A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
· A statement, under penalty of perjury, that the information in the notification is accurate that you’re authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You must provide notice of claimed infringement to PSAPLING’s designated Copyright Agent at: email@example.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner to post and use the material in your User Content, you may send a counter-notice containing the following information to the Copyright Agent at the address(es) listed above:
· Your physical or electronic signature;
· Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
· A statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification; and
· Your name, address, telephone number, and e-mail address.
If a counter-notice is received by PSAPLING’s Copyright Agent, PSAPLING may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the User Content provider, member or user, the removed User Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at PSAPLING’s sole discretion.