PCRM Action Alerts Terms and Conditions

Last Updated: August 10, 2018

***THIS AGREEMENT CONTAINS A BINDING MUTUAL ARBITRATION PROVISION (INCLUDING A CLASS ACTION WAIVER). BY ACCEPTING THIS AGREEMENT YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND AGREE TO BINDING ARBITRATION.***

The Physicians Committee for Responsible Medicine (“PCRM,” “we,” “us,” or “our”) makes this text message and alert service (the “Service”) available to you (PCRM and you are collectively referred to as the “Parties”) conditioned upon your acceptance of the following Terms and Conditions (“Agreement”).

BY ACCESSING OR USING THE SERVICE IN ANY WAY, YOU AGREE TO AND ARE BOUND BY THIS AGREEMENT, AND IF YOU DO NOT ACCEPT ANY OF THE TERMS OF THIS AGREEMENT AND/OR YOU DO NOT MEET OR COMPLY WITH THEIR PROVISIONS, YOU MAY NOT USE THIS SERVICE.

    1. Consent; Acknowledgements

By signing up for or using the Service, you agree that PCRM and its agents may call you or send you text messages relating to PCRM programs to the mobile phone number you provided (as updated by you from time to time) (the “Number”).

You further acknowledge and agree that:

    2. Unsubscribe

You may withdraw your consent (“unsubscribe”) at any time. To unsubscribe from receiving text messages, simply text “STOP” to 40649. You may also send an email to info@pcrm.org if you need help opting out. This Agreement will continue to apply after you unsubscribe.

    3. Prerequisites

By using the Service, you represent and warrant that:

You will hold harmless, indemnify, and defend PCRM, its affiliates, and their respective officers, directors, agents, and employees (collectively “PCRM Parties”) from and against any and all claims (including any and all liabilities, damages, losses, costs, expenses, and reasonable attorneys’ fees arising therefrom) relating to your breach of any of these warranties in this Section 3.

    4. NO WARRANTIES

THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THE WARRANTY OF TITLE OR NON-INFRINGEMENT. PCRM FURTHER DISCLAIMS ANY WARRANTY THAT THE SERVICE IS OR WILL BE ERROR-FREE; AVAILABLE OR UNINTERRUPTED; COMPATIBLE WITH ANY DEVICE OR DATA OR CELLULAR PLAN; OR TIMELY. PCRM DOES NOT PROVIDE ANY WARRANTY CONCERNING THE USE OF ANY CONTENT PROVIDED THROUGH THE SERVICE, INCLUDING THE CONTENT’S SUITABILITY, ACCURACY, OR TIMELINESS.

    5. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL PCRM OR ANY PCRM PARTIES BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICE OR ANY CONTENT RELATED TO THE SERVICE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR OTHERWISE, INCLUDING LOSS OF DATA, INCOME, OR PROFITS) WHETHER IN CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHER TORT-BASED ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PCRM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES AND DAMAGES.

IN THE EVENT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES CONTAINED IN THIS AGREEMENT IS DETERMINED BY A COURT TO BE INVALID OR UNENFORCEABLE, THEN SUCH PROVISIONS SHALL BE REFORMED TO THE MAXIMUM LIMITATION PERMITTED BY APPLICABLE LAW. IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT OR THE USE OR EXPLOITATION OF ANY OR ALL PARTS OF SERVICE IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIFTY DOLLARS ($50.00).

IF YOU ARE A CALIFORNIA RESIDENT OR COULD OTHERWISE CLAIM THE PROTECTIONS OF CALIFORNIA LAW, YOU FURTHER EXPRESSLY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH THROUGH DECEMBER 31, 2018, READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE VERSION OF CALIFORNIA CIVIL CODE SECTION 1542 CURRENTLY IN FORCE, AND YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS YOU MAY HAVE AGAINST PCRM.

    6. Dispute Resolution Provisions

  1. Choice of Law. This Agreement and the rights of the Parties hereunder will be governed by and construed in accordance with the laws of Washington, D.C., exclusive of conflict or choice of law rules. The Parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement will be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).
  1. Binding Mutual Arbitration. Any dispute, claim or controversy in connection with, arising out of, or relating to the Service or the breach, termination, enforcement, interpretation, or validity of this Agreement, including, but not limited to, the determination of the scope or applicability of this Agreement to arbitrate (a “Dispute”), will be determined by arbitration in Washington, D.C., before a single arbitrator. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with AAA Consumer Arbitration Rules. Judgment on the award may be entered in any court having jurisdiction. This provision will not preclude Parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
  1. Conduct of Arbitration. The arbitration will be commenced by the claimant party filing a demand for arbitration with the administrator of AAA and serving the demand on the opposing party. Within thirty (30) calendar days of the date the demand for arbitration is filed, the Parties will select an arbitrator by following the AAA Consumer Arbitration Rules’ appointment procedures. Except as may be required by law, neither Party nor the arbitrator may disclose the existence, content or results of any arbitration under this Agreement without the prior written consent of both Parties. The arbitrator’s award will be in writing accompanied by a reasoned opinion and a written statement of the essential findings and conclusions on which the award is based.
  1. Costs. The arbitrator will determine how the costs and expenses of the arbitration will be allocated between the Parties, and may award attorneys’ fees.
  1. Limitation of Liability. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect, or consequential damages, including damages for lost profits or any punitive or exemplary damages.
  1. Arbitration is on an Individual Basis Only; Class Action Waiver. The parties agree to arbitrate solely on an individual basis and that this Agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the arbitrator’s power to rule on the arbitrator’s own jurisdiction and the validity or enforceability of the agreement to arbitrate, the arbitrator has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of this Section will remain in force.

    7. Changes to the Agreement

    PCRM may revise and update this Agreement from time to time and will post the updated Agreement to the website on which you signed up for the Service. UNLESS OTHERWISE STATED IN THE AMENDED VERSION OF THIS AGREEMENT, ANY CHANGES TO THIS AGREEMENT WILL APPLY IMMEDIATELY UPON POSTING. Although PCRM is not obligated to provide you with notice of any changes, any changes to this Agreement will not apply retroactively to events that occurred prior to such changes. Your continued use of the Service will constitute your agreement to any new provisions within the revised Agreement.

      8. MISCELLANEOUS TERMS

    1. This Agreement constitutes the entire agreement between you and PCRM relating to your use of, and access to, the Service and supersedes any prior or contemporaneous agreements or representations.
    1. If any portion of this Agreement is ruled invalid or otherwise unenforceable, the Agreement will be deemed amended to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible to give effect to as much of this Agreement as possible. Our failure to enforce or exercise any provision of this Agreement or related right will not constitute a waiver of that right or provision.
    1. Descriptive headings contained in this Agreement are for convenience only and will not control or affect the meaning or construction of any of this Agreement. For purposes of this Agreement: (i) the words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation”; (ii) the word “or” is not exclusive; (iii) the words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to this Agreement as a whole; (iv) words denoting the singular have a comparable meaning when used in the plural and vice versa; (v) words denoting any gender include all genders; and (vi) “$” refers to U.S. dollars.
    1. No rights or obligations under this Agreement may be assigned or transferred by you, either voluntarily or by operation of law, without our express written consent and in our sole discretion. Nothing in this Agreement will confer upon any person, other than the parties, any rights, remedies, obligations, or liabilities whatsoever.
    1. You can provide any notices to us under this Agreement by e-mail or mail using the contact information provided in Section 9. You agree that all communications that we send to you electronically satisfy any legal requirement that a communication be in writing.

      9. Contact

    If you have any questions about this Agreement or the Service, please e-mail legaldept@PCRM.org. You can also reach us via postal mail at PCRM Legal Department, 5100 Wisconsin Ave., N.W., Ste. 400, Washington, DC 20016.