Thank you for visiting Protection Zone Management (PZM).
carefully, as you must agree to both documents in order to
have permission to use our Service.
Throughout this Agreement, we may use certain words or
phrases, and it is important that you understand the meaning
of them. The list is not all-encompassing and no definition
should be considered binding to the point that it renders this
"Agreement" refers to these Terms of Service;
"PZM" or "Protection Zone Management" refers to our company,
known as "PZM"; our Site; our Service; or a combination of all
or some of the preceding definitions, depending on the context
in which the word is used;
"Service" refers to the services that we provide through our
Site and/or mobile application, including our substations and
line patrol management platform and our Site itself;
"Site" refers to our website,
"User" refers to anyone who uses our Service, including
general visitors to our Site;
"You" refers to you, the person who is entering into this
Agreement with PZM.
3. What PZM Does
PZM is a substations and line patrol management platform for
the electrical utilities industry. We intend to help
electrical industry professionals manage their substations
and line patrols by providing software designed specifically
for the electrical utilities industry. Our management system
is designed specifically for the electrical utilities
industry; such as owners, board members, electrical engineers,
field technicians and office staff.
In order to use our Service, you must meet a number of
conditions, including but not limited to:
You must not be in violation of any embargoes, export
controls, or other laws of the United States or other
countries having jurisdiction over this Agreement, PZM, and
yourself. For example, if the Office of Foreign Assets
Control prohibits conducting financial transactions with
nationals, residents, or banks of your country, you must not
use our Service.
You must be the minimum age required to enter into a
contract in the area in which you reside, and, in any event,
must not be less than 18 years of age.
You must not be signing up on behalf of a natural person
other than yourself.
You must, if signing up on behalf of a person other than a
natural person, have the authority to do so, and you hereby
agree that you are agreeing to this Agreement on behalf of
both that person and yourself, and that both that person and
yourself shall be jointly and severally liable to PZM for
any breaches of the terms herein.
You must provide us with personal information, payment
information, and other information that we deem necessary to
provide you with our Service.
5. Nature of Service
PZM is provided as Software as a Service ("SaaS"). As SaaS,
PZM may be unavailable from time to time due to technical,
security, business, legal, or other reasons. You agree that
PZM is not liable to you for any loss that you may incur as a
result of the unavailability of our Service, and you are
advised to have a plan in place for such a contingency.
6. Rules of Use
You must not:
Violate the laws of the United States, its states, or any
foreign political entity having jurisdiction over this
Agreement, whether or not the foreign political entity is a
country or a subdivision (such as a state or province) or
municipality (such as a city, town, county, or region) of a
Post or send anything violent, threatening, pornographic,
racist, hateful, or otherwise objectionable according to the
opinion of PZM.
Infringe on anyone's intellectual property rights, defame
anyone, impersonate anyone, or otherwise violate the rights
of a third party.
Hack, crack, phish, SQL inject, or otherwise compromise the
security or integrity of the PZM Site, Service, or its
Do anything else which could bring PZM into disrepute or
violate the rights of any person.
7. Payment, Refunds, and Pricing
Payment can be made by means of credit card or check. Unless
otherwise stated, all prices are listed in United States
The fees for our subscriptions are billed in advance of each
billing cycle. In the event that you cancel your subscription,
no refunds or credits will be provided for unused periods of
our Service, even on a pro rata basis. If you desire to
downgrade your subscription level prior to the end of your
subscription period, please provide written notice to
firstname.lastname@example.org. The subscription downgrade will take effect
the first billing cycle that occurs more than thirty days
following your notice to PZM, and you will not receive any
refunds for payments made on your current billing cycle.
Downgrading your subscription may cause the loss of account
content, features, or capacity. You agree that PZM shall not
be liable to you for any such loss.
Additional terms surrounding payment, refunds, and pricing may
be published on our Site and are hereby incorporated into this
Agreement by reference.
PZM may offer discounts on an individual basis (such as
coupons or coupon codes), but may refuse to honor them for any
reason including, but not limited to, fraud, mistake on the
part of our publication of information, actual or expected
financial hardship, sale of all or part of our business, or
any other reason.
9. Chargebacks and Credit Card Cancellations
Where a User conducts a chargeback against PZM, such User
shall be liable to PZM for the full amount of that chargeback,
as well as any reasonable attorneys' fees, collection agency
fees, court costs, disbursements, and other expenses incurred
by PZM in its enforcement of its rights under this section.
Where a credit card cannot be charged to renew a subscription
due to cancellation, expiration, insufficient credit, or any
other reason, the User's account may be suspended or deleted,
along with all data held by PZM in relation to that account.
You agree that PZM shall not be liable for any such inability
to access your data, whether temporarily or permanently.
10. Limited License
You agree that by subscribing to our Service, you are paying
for a license to use our software within the parameters of
your company plan and subject to any additional restrictions
published on our Site in relation to the plan or otherwise
communicated by us to you. You must not attempt to reverse
engineer, copy, or otherwise tamper with or distribute our
software. You agree that we may revoke this license to you at
any time, at which point the extent of our liability to you
shall be the pro rata portion of the Service that we have not
provided to you but for which you have paid, unless you have
breached any provision of this Agreement, in which case we
shall not have any liability to you for any reason. Without
limiting the generality of the foregoing, you agree that PZM
shall not be liable to you for any loss of data or
unavailability of our Service as a result of the cancellation
of the provision of our Service to you.
11. Our Copyright
You agree not to copy, distribute, display, disseminate, or
otherwise reproduce any of the information on the Site without
receiving our prior written permission.
"PZM", "PROTECTION ZONE MANAGEMENT", and "PZM Software" are
marks used by us, Protection Zone Management, LLC, to uniquely
identify our Site, Service, and business. You agree not to use
this phrase anywhere without our prior written consent.
Additionally, you agree not to use our trade dress, or copy
the look and feel of our website or its design, without our
prior written consent. You agree that this paragraph goes
beyond the governing law on intellectual property law, and
includes prohibitions on any competition that violates the
provisions of this paragraph, including starting your own
13. Revocation of Consent
We may revoke our consent for your use of our intellectual
property, or any other permission granted to you under this
Agreement, at any time. You agree that if we so request, you
must take immediate action to remove any usage of our
intellectual property that you may have engaged in, even if it
would cause a loss to you.
14. Copyright & Trademark Infringement
We take copyright infringement very seriously, and we have
registered a Copyright Agent with the United States Copyright
Office, which limits our liability under the
Digital Millennium Copyright Act. If you believe that
your copyright has been infringed, please send us a message
- Your name.
The name of the party whose copyright has been infringed, if
different from your name.
The name and description of the work that is being
- The location on our website of the infringing copy.
A statement that you have a good faith belief that use of
the copyrighted work described above is not authorized by
the copyright owner (or by a third party who is legally
entitled to do so on behalf of the copyright owner) and is
not otherwise permitted by law.
A statement that you swear, under penalty of perjury, that
the information contained in this notification is accurate
and that you are the copyright owner or have an exclusive
right in law to bring infringement proceedings with respect
to its use.
You must sign this notification electronically and send it to
our Copyright Agent at
Although U.S. law does not provide for a similar procedure for
trademark infringement, we recommend that you send us similar
information to that above in regards to any allegation of
trademark infringement, and we will address it as soon as
15. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE
MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR
PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY
LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR
ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS
INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE,
NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE
LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE
ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE
LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES
CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING
BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY
INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC
RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE
PART OF A PAYMENT PROCESSOR, INCLUDING PAYPAL OR THE CREDIT
CARD COMPANY OR BANK THAT YOU USE TO FUND PAYPAL, TO DIRECT
PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR
PART IN PLACING A HOLD ON YOUR FUNDS.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS
OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY
FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR
UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE
WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR
AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT.
NOTHING IN THE PROVISIONS OF THIS "REPRESENTATIONS &
WARRANTIES" SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY
OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our
Notwithstanding any provision of these Terms, if your
jurisdiction has provisions specific to waiver or liability
that conflict with the above then our liability is limited to
the smallest extent possible by law. Specifically, in those
jurisdictions not allowed, we do not disclaim liability for:
(a) death or personal injury caused by its negligence or that
of any of its officers, employees or agents; or (b) fraudulent
misrepresentation; or (c) any liability which it is not lawful
to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A
SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING
APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A
CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF
CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "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 HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE.
YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR
CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED
You agree to indemnify and hold us harmless for any claims by
you or any third party which may arise from or relate to this
Agreement or the provision of our service to you, including
any damages caused by your use of our Site or acceptance of
the offers contained on it. You also agree that you have a
duty to defend us against such claims and we may require you
to pay for an attorney(s) of our choice in such cases. You
agree that this indemnity extends to requiring you to pay for
our reasonable attorneys' fees, court costs, and
disbursements. In the event of a claim such as one described
in this paragraph, we may elect to settle with the
party/parties making the claim, and you shall be liable for
the damages as though we had proceeded with a trial.
17. Choice of Law
This Agreement shall be governed by the laws in force in the
State of Nevada. The offer and acceptance of this contract are
deemed to have occurred in the State of Nevada.
18. Forum of Dispute
You agree that any dispute arising from or relating to this
Agreement will be heard solely by a court of competent
jurisdiction in the State of Nevada. Specifically, where the
subject matter of a dispute is eligible for it, you agree that
any disputes shall be heard solely within the lowest civil
court of the State of Nevada ("Small Claims Court").
If a dispute claims multiple claims and one or more of those
claims would be eligible to be heard by the Small Claims
Court, you agree not to bring the other claims against us and
to instead proceed within the Small Claims Court.
If you would be entitled in a dispute to an amount exceeding
the monetary jurisdiction of the Small Claims Court, you agree
to waive your right to collect any damages in excess of the
monetary jurisdiction and instead still bring your claim
within the Small Claims Court.
You agree that if a dispute is eligible to be heard in Small
Claims Court but you would be entitled to an additional or
alternative remedy in a higher court, such as injunctive
relief, you will waive your right to that remedy and still
bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance
with this section, you agree that we may move to have it
dismissed, and that you will be responsible for our reasonable
attorneys' fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising
from or relating to this Agreement will be responsible for the
reimbursement of the successful party's reasonable attorneys'
fees, court costs, and disbursements.
19. Force Majeure
You agree that we are not responsible to you for anything that
we may otherwise be responsible for, if it is the result of
events beyond our control, including, but not limited to, acts
of God, war, insurrection, riots, terrorism, crime, labor
shortages (including lawful and unlawful strikes), embargoes,
postal disruption, communication disruption, unavailability of
payment processors, failure or shortage of infrastructure,
shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be
unlawful, conflicting with another provision of the Agreement,
or otherwise unenforceable, the Agreement will remain in force
as though it had been entered into without that unenforceable
provision being included in it.
If two or more provisions of this Agreement are deemed to
conflict with each other's operation, PZM shall have the sole
right to elect which provision remains in force.
PZM reserves all rights afforded to us under this Agreement as
well as under the provisions of any applicable law. Our
non-enforcement of any particular provision or provisions of
this Agreement or any applicable law should not be construed
as our waiver of the right to enforce that same provision
under the same or different circumstances at any time in the
22. Termination & Cancellation
We may terminate your access to our Site and Service at our
discretion without explanation, though we will strive to
provide a timely explanation in most cases. Our liability for
refunding you, if you have paid anything to us, will be
limited to the amount you paid for goods or services which
have not yet been and will not be delivered, except in cases
where the termination or cancellation was due to your breach
of this Agreement, in which case you agree that we are not
required to provide any refund or other compensation
Under no circumstances, including termination or cancellation
of our Service to you, will we be liable for any losses
related to actions of other Users.
23. Assignment of Rights
You may not assign your rights and/or obligations under this
Agreement to any other party without our prior written
consent. We may assign our rights and/or obligations under
this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend
this Agreement, we will update this page accordingly. You must
read this page each time that you use our Service, and your
continued use of our Service shall constitute your acceptance
of any such amendments.
25. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any
questions about pricing, complaints, or inquiries about PZM
must be addressed to our agent for notice and sent via
certified mail to that agent. For our agent's most current
contact information, please send a request to
Lastly, California users are also entitled to the following
specific consumer rights notice: The Complaint Assistance Unit
of the Division of Consumer Services of the California
Department of Consumer Affairs may be contacted in writing at
1625 North Market Blvd., Sacramento, CA 95834, or by telephone
at (916) 445-1254 or (800) 952-5210.