Personal Administrators

Personal Administrators, Inc., Terms of Service

Terms of Service

General

The website at http://www.padmin.com (the "Site") is owned by Personal Administrators, Inc., a Texas corporation. In these Terms of Service, Personal Administrators, Inc., along with its owners, directors, officers, agents, representatives and employees, are collectively referred to as "we," "us," or "PA." Please read these Terms of Service carefully, including the Personal Administrators, Inc., Privacy Policy (the “Privacy Policy”).

Accessing the Site in any manner, whether automated or otherwise, constitutes use of the Site, and by using the Site, you agree to be bound by these Terms of Service. By accessing and using the Site, you agree to use the Site in accordance with these Terms of Service, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Site or to products and services available on or through the Site.

PA may modify these Terms of Service at any time and without prior notice. Your use of the Site after we post any such revised Terms of Service constitutes your acceptance of the Terms of Service as so modified.

Privacy Policy

Please read our Privacy Policy, which is part of these Terms of Service and describes how we handle any personally identifying information about Site users, including information you voluntarily submit to the Site. By providing information, you hereby acknowledge and agree to treatment of such information as described in the Privacy Policy and these Terms of Service.

Copyright Notice

All contents of this Site, including text, graphics, logos and identity devices, button icons, photographic images, audio and video clips, and software (collectively, "Site Content"), are the property of PA or its content and product suppliers, and is protected by United States and international copyright laws and other intellectual property laws.

You acknowledge and agree that PA and/or its content and product and service suppliers have intellectual property or proprietary rights in not only the individual elements of the Site Content but in the selection, coordination and arrangement of the Site Content. You are hereby granted permission to access the Site Content, but solely for the purposes of viewing and browsing the Site. This permission terminates automatically if you breach any of these Terms of Service. PA does not grant you any permission to use any of the Site Content other than as expressly stated in these Terms of Service. Without limitation of the foregoing, neither the Site nor any of the Site Content nor any portion of either may be printed, downloaded, distributed, transmitted, republished, displayed, modified, posted, copied or otherwise reproduced or used in any form or by any means, including, but not limited to, electronic, mechanical, or other means, without the prior written permission of PA. Information about permission to use Site Content can be obtained by contacting PA at Personal Administrators, Inc., 3939 Bee Cave Road, Bldg. C-100, Austin, Texas 78746.

PA reserves the right, at any time and from time to time in its sole discretion, with or without cause and with or without notice, to (i) revise or withdraw the Site or any of the Site Content and/or (ii) to provide, refuse to provide, restrict, suspend or terminate access by any or all persons to any or all portions of the Site or Site Content.

User Agreements, Representations and Warranties Regarding Submitted Information

By using the Site, you represent, warrant and covenant that (i) you have the power and authority to enter into these Terms of Service; (ii) you are at least 18 years of age; and (iii) you will only use this Site in accordance with the terms and conditions contained in these Terms of Service.

You acknowledge that by using the Site, PA may gather personally identifiable information or materials about you and non personally identifiable information or materials about you. For example, and without limitation, an IP address is a number that is automatically assigned to your computer whenever you use the internet. The computers, which deliver internet pages to you, automatically identify your computer by its IP address. When you request a page from our site, our servers log your IP address. You irrevocably consent to PA's collection, storage, disclosure and other use of any such information or materials. Without limitation of the foregoing, you acknowledge and agree that PA may disclose any information or materials we obtain if required to do so by law or in good faith belief that such disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of other persons or entities; or (d) protect the rights, property, or personal safety of PA, other users of the Site or the public.

In connection with submitting information to or in connection with use of the Site, you agree, warrant and represent as follows:

  1. You will not submit content that is unlawful, abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, otherwise inappropriate or that could give rise to any civil or criminal liability;
  2. You will not submit content that is copyrighted or otherwise protected without the express written consent of the owner;
  3. You will not submit material that violates or encroaches upon the rights of others;
  4. You will not submit viruses or other corruptive code, content or files;
  5. You will not submit anything that harms anyone, including minors;
  6. You will not submit links to content that is or does any of the foregoing.

PA does not make any representations or warranties regarding the security of any information or materials transmitted to or collected via the Site (whether by email or otherwise).  You agree to assume the security risk for any information or materials you send to or via the Site. Any information or materials you send to or via the Site will be deemed NOT to be confidential or proprietary.

You agree to indemnify and hold harmless PA with respect to any claim, demand, suit, damage, loss, liability, cost or expenses, including reasonable attorneys’ fees, made by any person or organization arising out of (i) any information or materials you send to or via the Site, (ii) your use of the Site, (iii) your connection to the Site, (iv) your violation of these Terms of Service, or (v) your violation of any rights of another person or organization.

PA is committed to complying with U.S. copyright law and by using the Site you agree to do the same.

Frames

You agree not to use “framing” or any other technique that confuses, potentially confuses or otherwise adversely impacts the identity of the Site, the source of the Site Content or property rights of PA or others. You agree that any frame content may not imply endorsement by PA without the express prior written consent of PA.

Trademark

All graphics, logos, trademarks, and service marks are proprietary to PA or other respective owner(s) that have granted PA the right to use such graphics, logos, trademarks, and service marks. Such graphics, logos, trademarks, and service marks may not be used in connection with any product or service without the express advance written permission of PA or the respective owner(s) of such graphics, logos, trademarks, and service marks.

Third-Party Websites

The Site may contain links to third-party websites. These linked websites are not under the control of PA, and PA is not responsible for the contents or activities of any linked websites or any link contained in a linked website. Please be aware that other websites that can be accessed through the Site may collect personal information about you. PA does not make any warranty, either express or implied, regarding the content of third-party websites or any information you transmit to us or via the Site to another website.

Warranties and Limitation of Liability

THE SITE IS PRESENTED ON AN "AS IS" BASIS. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE MADE AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED AND DENIED.

PA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF THE PAST OR FUTURE NEGLIGENCE OR OTHER FAULT OF PA) ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES.

Termination

PA reserves the right to, at any time and without notice, suspend, cancel, or terminate your right to use the Site and these Terms of Service for any reason, including, in the case of these Terms of Service, for your violation of any of its provisions. The "Warranties and Limitation of Liability" and "Governing Law" sections of these Terms of Service shall survive any such termination.

Miscellaneous

The agreement embodied within these Terms of Service (the “Agreement”) constitutes the entire agreement between PA and you with respect to the subject matter contained in the Agreement and supersedes all previous and contemporaneous agreements, proposals, and communications, written and/or oral. The Agreement is governed by and will be construed in accordance with the laws of the state of Texas without regard to any principles of conflicts of law that might cause the substantive laws of another jurisdiction to apply. Exclusive venue for any suit arising from the Agreement will be the state and federal courts sitting in Austin, Travis County, Texas, and, at the election of any party, any litigation will be referred to binding arbitration under the Texas Civil Practice and Remedies Code. If any provision of these Terms of Service is determined to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.