Copyright and other intellectual property laws protect the Website. All intellectual property rights in the Website belong to PMC PayGo® and are expressly reserved by PMC PayGo® except for your limited right to use, distribute, copy, display, and add to, but not modify or otherwise change, the fundamental data message format of the Website granted under this Agreement. You agree to defend, indemnify, and hold PMC PayGo®., its officers, directors, employees and agents harmless from and against any claims, actions or demands, and liabilities, including, without limitation, reasonable legal and accounting fees, alleging or resulting from your use of the Website or your breach of the terms of this Agreement. PMC PayGo® shall provide notice to you promptly of any claim, suit, or proceeding and shall assist you, at your expense, in defendingany such claim, suit or proceeding.

TO THE EXTENT PERMITTED BY LAW, PMC PayGo® DISCLAIMS ALL WARRANTIES ON THE WEBSITE, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. THE DURATION OF ANY REQUIRED WARRANTY PERIOD SHALL BE LIMITED TO THIRTY DAYS FROM THE DATE OF YOUR ACCEPTANCE OF THESE CONDITIONS AND TERMS OF USE.

The exclusive remedy for breach of this Agreement by PMC PayGo® shall be, at PMC PayGo®'s option either (i) repair or replace the Website or (ii) a refund of the price, if any, which you paid to use the Website which shall be your sole and entire monetary relief and the PMC PayGo® total monetary liability to you.

(i) Special Damages. IN NO EVENT SHALL PMC PayGo® OR AN AFFILIATED COMPANY OF PMC PayGo® BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHERWISE (INCLUDING LOST PROFIT OR BUSINESS REVENUE, OR GOODWILL) ARISING IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE, OR THE USE THEREOF, EVEN IF PMC PayGo® HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
(ii) PMC PayGo® Not Liable. PMC PayGo® WILL NOT BE RESPONSIBLE, AND SHALL NOT BE LIABLE, FOR ANY LOSSES OR DAMAGES TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE OR THE USE THEREOF, EXCEPT TO THE EXTENT THAT SUCH LOSSES OR DAMAGES WERE CAUSED SOLELY AND DIRECTLY BY PMC PayGo®'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN WHICH CASE PMC PayGo®S LIABILITY SHALL, IN NO EVENT, EXCEED THE LESSER OF THE ACTUAL DAMAGE OR LOSS CAUSED, OR $50.00. UNDER NO CIRCUMSTANCES SHALL PMC PayGo® BE LIABLE FOR ANY DAMAGES OR LOSSES CAUSED IN ANY MANNER BY YOUR FAILURE TO PERFORM YOUR OBLIGATIONS UNDER THIS AGREEMENT, OR BY YOUR BREACH OF ANY PROVISIONS HEREIN, OR BY MODIFICATIONS OR ENHANCEMENTS MADE TO THE WEBSITE BY ANYONE OTHER THAN AN AUTHORIZED PMC PayGo® REPRESENTATIVE. PMC PayGo® SHALL NOT BE LIABLE TO YOU, ANY PARTY INVOLVED IN A TRANSACTION INITIATED BY YOU USING THE WEBSITE OR ANY OTHER THIRD PARTY FOR ANY CLAIMS OR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSSES OR DAMAGES OF ANY AND EVERY NATURE, RESULTING FROM THE LOSS OR CORRUPTION OF DATA, INABILITY TO ACCESS THE INTERNET OR INTERNAL SYSTEMS, OR INABILITY TO TRANSMIT OR RECEIVE INFORMATION, CAUSED BY, OR RESULTING FROM, DELAYS, NON-DELIVERY, OR SERVICE INTERRUPTIONS WHETHER OR NOT CAUSED BY THE FAULT OR NEGLIGENCE OF PMC PayGo®. PMC PayGo® SHALL NOT BE RESPONSIBLE FOR THE SERVERS NOT BEING ACCESSIBLE ON THE INTERNET OR INTERNAL SYSTEMS DUE TO CIRCUMSTANCES NOT IN THE DIRECT CONTROL OF PMC PayGo® SUCH AS, WITHOUT LIMITATION, YOUR OR ANY OTHER THIRD PARTY'S EQUIPMENT CAPABILITIES, LIMITATIONS OR INTERNET SERVICE PROVIDER LIMITATIONS.  PMC PayGo® SHALL NOT BE RESPONSIBILE OR LIABLE FOR UNAUTHORIZED DISSEMINATION OF ANY OF YOUR DATA, WHETHER AS A RESULT OF DEFEAT OF DATA SECURITY, MISAPPROPRIATION OR MISUSE OF PASSWORDS, OR ANY OTHER CAUSE NOT IN THE DIRECT CONTROL OF PMC PayGo®.
(iii) Allocation of Risk. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF THESE TERMS FAIRLY REPRESENT OUR AGREEMENT ON THE ALLOCATION OF RISK BETWEEN US AS TO PMC PayGo®'S OBLIGATIONSHEREUNDER. THE PAYMENTS MADE BY YOU, IF ANY, REFLECT THIS ALLOCATION OF RISK AND THE EXCLUSION OF SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE, OR OTHER DAMAGE AND OTHER DAMAGE LIMITATIONS IN THIS AGREEMENT
NOTWITHSTANDING THAT ANY EXCLUSIVE REMEDY SHALL FAIL OF ITS ESSENTIAL PURPOSE OR OTHERWISE BE UNAVAILABLE.

Any dispute arising out of or related to theseconditions and terms of use or the Website shall be subject to binding arbitration in the State of New Jersey conducted by a single arbitrator chosen pursuant to and shall be conducted in accordance with theStreamlined Rules of Arbitration of J.A.M.S./ENDISPUTE. This Agreement and performance hereunder shall be governed and construed in accordance with (i) the laws of the State of New Jersey, without reference either to its choice of law provisions or its Arbitration statute or other dispute resolution provisions, and (ii) the U.S. Arbitration Act, 9 U.S.C.sections 1 et seq. Subject to the first sentence of this Section 6, any and all proceedings relating to the subject matter hereof shall be maintained in the federal and local courts of the State of New Jersey, as applicable, which courts shall have exclusive jurisdiction for such purpose, and you hereby consent to the personal jurisdiction of suchcourts. In the event that any term of this Agreement conflicts with the law under which this Agreement is to be construed, or if any term is held invalid by any court of competent jurisdiction, such term shall be deemed to be restated to reflect, as nearly as possible, the original intention of both of the parties in accordance with applicable law, and the remainder of this Agreement shall remain in full force and effect. In the event that such invalid provision relates to matters which constitute the essence of the Agreement including, but not limited to, matters relating to the ownership of the Website, and such invalid provision cannot be restated to reflect the original intention of both of the parties, the entire Agreement shall be deemed null and void, in which case, no licenses or other authorizations hereunder shall be deemed effective. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. This Agreement constitutes the entire agreement between you and PMC PayGo® with respect to the Website and your rights and obligations regarding your access and use which supersedes all written or oral, prior and contemporaneous representations, discussions and agreements relating to its subject matter. Any changes to this Agreement must be made in writing, signed by an authorized representative of PMC PayGo®. This Agreement shall be construed fairly in accordance with the plain meaning of its terms, regardless of which party was primarily responsible for preparation and drafting of it. No statement, representation, warranty, covenant or agreement of any kind not expressly set forth in this Agreement shall affect, or be used to interpret, change or restrict, the express terms and provisions of this Agreement.