Terms of Service

We offer you the websites, applications, services and content on PAFabricatinginc.com and its affiliated sites and services (“PAF”) on the condition that you agree to the following terms.

EACH TIME YOU ACCESS, USE OR REGISTER FOR PAF®, YOU ARE SIGNIFYING YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS (either the “Terms of Service” or “Agreement”).

You may not use PAF® if you do not agree to these Terms of Service

Here is a Summary of Our Terms

• PAF is provided by PAF Media, Inc., its providers, licensors and affiliates (either “we” or “us”).
  
• These Terms of Service consist of the terms below, our privacy policy, and any supplemental terms that our vendors, Contributors or we may apply to a specific feature, product or subscription that you may purchase from us.
  
• These Terms of Service have the same legal effect as an agreement in writing.
  
• We can change these terms at any time, in which such changes take effect after we post notices of the changes.
  
• We may change or discontinue any feature on PAF at any time.
  
• You agree to pay us for any purchases and subscriptions ordered by you.
  
• We give you a limited right to access and use PAF. You are not authorized to access PAF or its computers, servers and databases to scrape or “data mine” our data.
  
• You may not resell or redistribute PAF services and databases unless otherwise authorized by us in writing.
  
• You must comply with these terms and all applicable laws when you use PAF.
  
• You will own the Content (defined below) you post on PAF. You give us the right to use and re-purpose the Content that you post on PAF. We own all compilation rights in our site and services.
  
• You own or have the right to submit any Content you post on PAF.
  
• We offer PAF “AS IS” and without warranties of any kind, and we limit our liability to you.
  
• You agree that we may send you text messages and MMS messages to your mobile device if you sign up for such features.
  
• Utah law governs this Agreement, and you agree to resolve any disputes in Utah County, Utah.
  
• PAF, at its sole discretion, reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and immediate archival or deletion of all data in your account. PAF reserves the right to refuse service to anyone in its sole and absolute discretion.
  

About These Terms

In this Agreement, (a) the term “you” means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms of Service; (b) the term “Content” means any data, information, text, images, audio, video, profiles and all other forms of data and communications on PAF that is provided by us, our Contributors, affiliates and users; and (c) the term “Contributors” means our users, third-party providers, licensors and businesses, Agencies (defined below), Clients (defined below) and proprietors that post Content, which include any profiles and listings, on PAF. These Terms of Service serve as a binding contract between you and us and govern your relationship with us.

Additional terms may apply to certain subscriptions, purchases, products, services and Content offered by PAF or a Contributor. If you are purchasing Content through PAF provided by Dun & Bradstreet, you agree to the terms of the Dun & Bradstreet Supplemental Terms and Conditions provided below.

We will give you the opportunity to review any supplemental terms if you elect to use such products and services. If you do not agree to the additional terms, do not sign up for the additional services.

Google, Inc. provides the map features on PAF. When you access and use the map features, you agree to be bound by Google Maps Terms of Service located at http://www.google.com/help/terms_maps.html.

Changes to These Terms

We may make changes to the terms of this Agreement at any time. All modifications will be posted on PAF properties and such modifications take effect after we post them. You assume the responsibility to review this Agreement on a regular basis to keep yourself informed of any modifications. If you disagree with any material changes to this Agreement, you must discontinue your use of PAF. Your ongoing use of PAF after the changes take effect signifies your agreement to the new terms.

About PAF and its Services

PAF offers website and mobile applications, research services, databases, business profile services, Content, business profile services, tools and other consulting services to help businesses grow, which collective we refer to as “PAF” in this Agreement. We may change, update or discontinue any offering, feature or Content on PAF at any time and without notice and without liability to you.

Registration and Eligibility

Registration is optional; however, you will need to register with us to use all of our features and services. We will open an individual membership profile account when you register on PAF. If you open a membership account, we will give you the ability to set up a profile for your business and use other features of PAF.  In order to register with PAF, you must meet the following qualifications:

• You must be at least 18 years of age and have the legal capacity to agree to these Terms of Service.
• You must provide true, accurate, current and complete registration information.
• You agree to keep this information up-to-date.
  
• You must abide at all times with the Terms of this Agreement.
  
• If you are registering on behalf of a business or entity, you must have authority to act on behalf of such business or entity.
  

We are not responsible if we are unable to communicate with you because you have not kept your registration information up to date. By accessing and/or registering for the use of PAF, you represent and warrant that (a) you have the authority and legal capacity to enter into the Agreement and follow its obligations, (b) you have the authority to bind your principal or employer company if you are applying on behalf of a business, and (c) you are providing true, complete and current information.

Your Information

When you submit information about you to us, you agree that we may collect and use your information as disclosed in our Privacy Policy located at Privacy Policy (pafabricatinginc.com). You agree that Google, Inc. may use the information you provide when you use the mapping features on PAF in accordance with Google’s privacy policy located at http://www.google.com/privacy.html, which Google may amend from time to time. Each time you access and use PAF, you acknowledge that you have reviewed the policies disclosed in this section and consent to their terms.

If you are accessing PAF from within the State of California, you acknowledge that PAF collects personal information as defined in the California Consumer Protection Act of 2018. You may refer to the PAF Privacy Policy for further details about PAF’s business purposes and your rights Terms & Conditions (pafabricatinginc.com)

Ownership

Our Contributors, licensors and we own all rights in the PAF site, Content, aggregate user review ratings, data, text, designs, pages, print screens, the organization and structure of our data and Web sites, trademarks, logos, trade names, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that resides or is viewable or otherwise discoverable on PAF. We (or as applicable, our licensors) own all intellectual property rights in our databases’ code, indexes, algorithms, organization and structure, and compilation of data. Except for the limited license we grant to you below, you obtain no other rights in PAF or its Content.

License and Authorized Uses

The PAF services and its Content are licensed, not sold. We grant you a non-exclusive, non-transferable, limited license to access and use PAF and the Content subject to the terms and limitations of this Agreement. Any use beyond this limited license is prohibited. You may create a profile only on your own behalf or on behalf of your business. Unless otherwise provided in any supplemental terms, you may download and temporarily store Content that you purchase to one computing device under your exclusive control. You may use such Content only (1) to display internally such Content for your internal business and research needs and (2) to quote and excerpt from such Content. You may also create one printout of such Content for your internal use and you may not further distribute the printouts. We do not authorize any other access and use of PAF not expressly provided in this Agreement.

Unauthorized Access and Use of PAF

You may not directly, indirectly or through any intermediary:

• Copy, scrape, crawl, mine, spider, record, aggregate, resell, retransmit, redistribute, modify, translate or otherwise create derivative works of PAF, its databases, Content, or its user IDs or passwords;
• Export or re-export PAF services or its technology and applications in violation of any United States export law or regulation;
  
• Violate these Terms of Service;
  
• Violate the intellectual property rights, privacy rights or the rights of others;
  
• Violate applicable laws and regulations;
  
• Frame our Web sites, pages or other Content;
  
• Use any automated means to create one or more profiles or user IDs;
  
• Offer services or assist any other party to circumvent the restrictions in these Terms of Service;
  
• Store or use our databases or Content to create an archival, searchable database of Content or compile data in a way that can be used by a competitive listing product or service;
  
• Use our data, information about our customers or Content to send spam, unsolicited communications or other mass communications to consumers or third parties;
  
• Use our trademarks, logos, or trade names without our express authorization to solicit your own customers, to imply any affiliation between you and us, or to make misrepresentations about PAF or us;
  
• Make excessive traffic demands on our computer networks, impair, damage, disable or otherwise attack PAF or our computer networks, or attempt to gain unauthorized access to PAF through any manual or automated means;
  
• Circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content;
  
• Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion or PAF or otherwise attempt to derive any source code or underlying ideas or algorithms of PAF;
  
• Remove any copyright, trademark or other proprietary rights notices;
  
• Impersonate any person, business or entity, including our company and our employees and agents;
  
• Intentionally or negligently mislead others; or
  
• Create profiles of a third party without the express authorization from such person or entity.

Your Responsibilities

You are responsible for all activities under your membership account, including all legal liability incurred from the use of your profile by you or others. You may not give access to your profile, or disclose your password to others. You may not harvest Content for the purposes of sending spam or other forms of unsolicited communications. You are responsible for keeping your profile information, including all passwords, confidential. You shall be solely responsible and accept all liability for your (including your agents’ and representatives’) changes, edits, modifications or additions to the information and/or data you receive through PAF. We are not responsible if your profile or account is compromised if any of your devices containing your profile (such as a mobile device) is lost or stolen. You are responsible for notifying us immediately if your profile has been compromised.

Use of Content, Forums, Comment Areas and Message Boards

PAF PROVIDES THE CONTENT “AS IS” AND YOUR USE OR RELIANCE ON SUCH MATERIALS ARE SOLELY ARE YOUR OWN RISK. We offer the Content for general information, general discussion, education, and entertainment purposes only. This Content may be provided by us, our Contributors and members. Do not construe any Content on PAF is endorsed or verified by our Contributors or us. PAF is not intended to provide personalized investment or other regulated professional advice. Nothing contained on PAF should be construed as providing (a) a solicitation, recommendation, endorsement, or offer to buy or sell any securities or other financial instruments or (b) a recommendation to any specific individual or business that any particular security, portfolio of securities, transaction or investment strategy is suitable for you or any specific person. Our contributors and we are not liable to you or any third party for the truthfulness, accuracy, reliability, completeness, timeliness, legality or applicability of any Content posted or otherwise transmitted by any users. We do not endorse the opinions expressed by any users. We reserve the right, but we shall have no obligation or responsibility to you or any third party, to pre-screen, review, flag, filter, modify, refuse or remove any or all Content on PAF that violates this Agreement, as we determine in our sole discretion.

You acknowledge that we may, but we have no obligation to you or any third party, to investigate and take appropriate technical, legal and equitable action against anyone who, in our sole discretion, violates this Agreement, including but not limited to, terminating their membership account and/or reporting such Content, conduct, or activity to law enforcement authorities. We may access, preserve or disclose information you provide, including user Content, when we have a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend our and our Contributors legal rights or property, or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of PAF or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with application laws or other legal process.

Fees and Payment – Optional Services and Content

You agree to pay the applicable fees and charges for membership plans and other purchases that you make from us. We may limit the number of promotions for which you may be eligible in a given period. Your payment and renewal terms at the time you make a purchase from PAF are disclosed in these Terms of Service or in the shopping cart; you can also review your payment terms from time to time by visiting the “My Account” area on PAF.

You must give us accurate billing and payment information and keep this information up-to-date. Every time you make a purchase or obtain a service from PAF, you reaffirm that (i) we are authorized to charge your designated payment method; (ii) we may submit charges incurred under your profile for payment; and (iii) you will be responsible for such charges. YOU AGREE THAT WE MAY CHARGE YOUR PAYMENT METHOD FOR ALL AMOUNTS DUE TO US WITHOUT ADDITIONAL NOTICE OR CONSENT unless required otherwise by law. If we do not receive payment from your designated payment method, you agree to pay all amounts due upon demand by us. You are responsible for all charges incurred under your profile made by you or anyone who uses your account associated with your profile. We may, in our discretion, post charges to your payment method individually or may aggregate your charges with other purchases you make on PAF. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and pay for such purchases.

PAF may change, add or delete any aspect of the Service at any time.

Subscription services will remain available during the subscription period and will not be available after the subscription period ends. In instances wherein an immediate deactivation or refund occurs, the availability of services and content may be terminated immediately.

EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION for SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND VENDOR SERVICES ARE PROVIDED “AS IS.” PAF does not guarantee (a) the appearance and/or location of any listing or advertisement, (b) the level of results you will achieve from the Service or (c) that the Service will meet your requirements.

The PAF Terms of Service are incorporated by reference and made a part of these terms, including without limitation, all terms related to limitation of liability and indemnification, governing law and venue.

Billing Problems and Disputes

You must notify us about any billing problems or discrepancies within 60 days after they first appear on the statement you receive from your bank. If you do not bring such problems or discrepancies to our attention within 60 days, you agree that you waive the right to dispute such problems or discrepancies.

Terms for Agencies, Agents and Representatives

If you establish a PAF account or profile on behalf of a company, organization, entity or brand as a representative or agent (such as a marketing or advertising agency, the “Agency”): (a) the terms “you” and “your”, as used throughout the Agreement apply to both Agency and Agency’s client (the “Client”), as applicable and (b) Agency agrees to abide by all the terms of this Agreement and the following supplemental terms.

You understand and agree that (a) Agency is acting as agent for a disclosed principal (i.e., the Client) and (b) Agency will act as agent for taking responsibility and making payment on all amounts due for purchases made from PAF. Agency shall provide a payment method for purchases as described in this Agreement. Client and Agency shall be jointly and severally liable for the payment of sums due hereunder, but we agree to look initially to Agency for the payment of sums due hereunder. Nothing in this Agreement relating to the payment of transacted amounts by Agency shall be construed so as to relieve Client for breach of its obligations under this Agreement.

Agency represents and warrants that Agency is the duly authorized agent of Client with full power to act on Client’s behalf with respect to this Agreement, and Agency has the power to enter into, deliver and perform this Agreement on behalf of Client and Agency. The individual(s) executing this Agreement on Agency’s behalf is/are authorized to execute and deliver this Agreement. Agency agrees that this Agreement is the legal, valid and binding obligation of Agency and/or Client, and shall be enforceable against Agency and/or Client in accordance with its terms.

We may from time to time offer special promotions and promotional pricing for Agencies on behalf of their Clients. Such promotions will be subject to additional terms that supplement this Agreement that you agree is binding on Agency and Client (“Promotions”). We reserve the right to cancel Promotions early or to extend offers without notice.

Disclaimer of Warranties

We provide PAF “as is”, “with all faults” and “as available.” YOUR USE OF PAF IS AT YOUR OWN RISK. Our Contributors and we make no express warranties or guarantee about PAF and its Content. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT PAF AND ITS CONTENT ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, TIMELY, RELIABLE OR NON-INFRINGING. WE DO NOT GUARANTEE THE RESULTS THAT YOU MAY OBTAIN FROM YOUR USE OF PAF. WE DO NOT GUARANTEE THAT PAF WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE PAF AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY.

Limitation of Liability

OUR PARENT, OUR CONTRIBUTORS, OUR DISTRIBUTORS AND WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF PAF. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR AND OUR SUPPLIER’S LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

YOU AGREE, AND YOU WILL REQUIRE THAT ANY THIRD PARTY WHO INDIRECTLY USES THE CONTENT PROVIDED BY YOU (“THIRD PARTY USER”) TO AGREE, THAT IN NO EVENT SHALL WE OR OUR CONTRIBUTORS BE LIABLE FOR THE RESULTS OF ANY THIRD PARTY USER’S USE OR RELIANCE UPON PAF, FOR ITS INABILITY OR FAILURE TO CONDUCT ITS BUSINESS, OR FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA OR LOST PROFITS, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.

IN NO EVENT SHALL OUR OR OUR CONTRIBUTORS CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE PAF SERVICES EXCEED THE TOTAL AMOUNT YOU PAID FOR THE PARTICULAR PAF SERVICE WITHIN AN IMMEDIATE TWELVE-MONTH PERIOD.

Termination

We may cancel or suspend your access to PAF at any time, without cause and/or without notice. Your right to use PAF will end once your service is terminated, and any data you have stored on PAF may be unavailable later. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing.

Indemnification

Upon a request by us, you agree to defend, indemnify, and hold harmless us and our employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of PAF. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Electronic Contracting and Notices

You agree to transact with us electronically. You agree that these Terms of Service have the same effect as an agreement signed in writing. You also agree that we may send to you in electronic form any privacy or other notices, terms, disclosures, reports, documents, communications or other records regarding PAF (collectively, “Notices”) or anything related to your use of PAF. We can send you electronic Notices (1) to the email address that you provided to us during registration; (2) via text message if you elected to receive any mobile alerts, (3) by posting the Notice on PAF’s web page, mobile pages or applications. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable service.

You can review these terms at Terms & Conditions. Our terms and other Notices are designed for access on most current Internet Web browsers and on the mobile devices in which we offer mobile applications and services.

In order to transact with us electronically, you must have a device and an Internet browser capable of accessing and browsing the Internet. If you wish to print a copy of the Term of Services, your device must have access to a printer that can print web pages from the print function of your Internet browsers. Also keep in mind that the “print” features on many devices and browsers will enable you to save a copy of the terms as a “note” or “PDF” file on your device.

Entire Agreement

This Agreement and any supplemental terms, policies, rules and guidelines posted on PAF constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Choice of Law and Location for Resolving Disputes

You agree that the laws of the State of Illinois govern this contract and any claim or dispute that you may have against us, without regard to Illinois's conflict of laws rules. You further agree that a court located in Utah County, Utah will resolve any disputes or claims that you may have against us.

Assignment

We may assign this contract at any time without notice to you. You may not assign this contract to anyone else.

Procedure for Making Claims of Copyright Infringement

We respect the intellectual property of others, and we ask our contributors and those posting to this site to do the same. If you believe that your copyrighted work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:

•  The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.
• A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
  
• Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published.
  
• Identification of the URL or other specific location on this site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
  
• Your name, address, telephone number, and email address.
  
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  

Our agent for notice of claims of copyright infringement on this site can be reached as follows:

By mail:

Copyright Agent

c/o PAF Media, Inc.

548 N York Rd,

Bensenville, IL 60106

By email: help@PAFabricatinginc.com

Binding Individual Arbitration

You and PAF agree to arbitrate any and all Disputes by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. ANY ARBITRATION UNDER THESE GENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST PAF. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). All Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by the American Arbitration Association (https://www.adr.org) according to this Section and the applicable arbitration rules for that forum. The Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether the General Terms and/or Additional Terms (or any aspect thereof) are enforceable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Subject to applicable jurisdictional requirements, you may elect to pursue your claim in your local small-claims court rather than through arbitration so long as your matter remains in small claims court and proceeds only on an individual (non-class or non-representative) basis. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to a transaction intended for a personal, household, or family use, any arbitration hearing will occur within the county where you reside. Otherwise, any arbitration hearing will occur in Lehi, Utah, or another mutually agreeable location. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. While an arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. An Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect. PAF will reimburse the arbitration fees due to the American Arbitration Association for individual arbitrations brought in accordance with this section for all claims totaling less than $10,000 unless the Arbitrator determines that your claims were frivolous. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may seek to recover those fees from the arbitrator. For any claim where you are seeking relief, we will not seek to have you pay our attorney’s fees, even if fees might otherwise be awarded, unless the Arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and PAF also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases as discussed above) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City of Lehi, County of Utah, or federal court for the State of Utah.

Last Updated: May 24, 2022