Terms of Service

1. Eligibility and Accounts

The Portal is private and available by invitation only. You may access the Portal only if you are (a) PMG personnel, or (b) personnel of a customer organization that PMG has approved, and in each case only if you have been issued or authorized an account. You represent that you are at least 18 years old, are authorized by your organization to use the Portal, and will use it solely for legitimate business purposes.

Accounts are personal to the individual to whom they are issued. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. Do not share your account, and notify us promptly of any unauthorized use. We may suspend or revoke access at any time.

2. The Service

The Portal enables authorized Users to create, submit, review, and document logistics shipments; upload documents and photographs; exchange messages; record receiving and outbound release activity; and maintain a durable, auditable record of shipment activity. The Portal is provided for business use in connection with PMG's cross-dock and logistics operations.

3. Acceptable Use

You agree that you will not:

• use the Portal in violation of any applicable law, regulation, or third-party right;
• access, or attempt to access, any organization's data other than data you are authorized to access;
• submit information that is knowingly false, inaccurate, or misleading, or that misrepresents the condition, count, or handling of any shipment;
• interfere with, disrupt, probe, or attempt to gain unauthorized access to the Portal or its underlying systems;
• upload malicious code or content, or attempt to circumvent security, access controls, or usage limits; or
• use the Portal to store or transmit content unrelated to its intended logistics purpose.

4. Your Data and Business Records

You and your organization retain ownership of the data you submit. You grant PMG a worldwide, non-exclusive license to host, store, process, transmit, and display that data as necessary to operate, secure, and support the Portal and to fulfill the purposes described in these Terms and our Privacy Policy.

You acknowledge and agree that shipment records, receiving and outbound records, uploaded documents and photographs, message history, and audit-log entries created through the Portal constitute business records maintained by PMG on an append-only basis; that they are retained and are not deleted through ordinary use; and that PMG may retain and rely on them, including as evidence, in connection with any claim, dispute, audit, insurance matter, or legal proceeding. You are responsible for the accuracy and completeness of the information you submit.

5. Intellectual Property

The Portal, including its software, design, and the PMG name and logo, is owned by PMG and its licensors and is protected by intellectual-property laws. Except for the limited right to access and use the Portal under these Terms, no rights are granted to you. You may not copy, modify, reverse engineer, resell, or create derivative works from the Portal.

6. Confidentiality

The Portal and the data of each organization are confidential. You will not disclose or use any information accessible through the Portal except as necessary for the authorized business purposes for which access was granted.

7. Availability

The Portal is provided on an “as available” basis. We may modify, suspend, or discontinue all or part of the Portal, and may perform maintenance, at any time. We do not warrant that the Portal will be uninterrupted, timely, secure, or error-free.

8. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PORTAL IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. PMG DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY DATA ENTERED BY USERS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PMG AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE PORTAL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PMG'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PORTAL AND THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS, IF ANY, PAID BY YOUR ORGANIZATION TO PMG FOR ACCESS TO THE PORTAL IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW. These limitations are separate from, and do not affect, the terms of any freight, warehousing, or services agreement between PMG and a customer, which continue to govern the underlying logistics services.

10. Indemnification

You and your organization will defend, indemnify, and hold harmless PMG and its officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Portal, (b) data you submit, (c) your violation of these Terms, or (d) your violation of any law or third-party right.

11. Termination

We may suspend or terminate your access to the Portal at any time, with or without notice, including for violation of these Terms or where access is no longer authorized by your organization or by PMG. Provisions that by their nature should survive termination — including Sections 4 through 13 — will survive.

12. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, for any dispute arising out of or relating to the Portal or these Terms, and waive any objection to venue in those courts. Before initiating any formal proceeding, the parties will attempt in good faith to resolve the dispute informally by contacting us at the address below.

13. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above and, for material changes, provide notice through the Portal or by email where appropriate. Your continued use of the Portal after an update constitutes acceptance of the revised Terms.

14. General

These Terms, together with the Privacy Policy, constitute the entire agreement between you and PMG regarding the Portal and supersede any prior understandings regarding the Portal. If any provision is held unenforceable, the remaining provisions will remain in effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a business transfer.

15. Contact

PMG Global — Commerce, California. info@pmg3pl.com.