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PKM Associates in the USA, Canada, London & Australia

This Privacy Policy shall be effective as of February 07, 2025.

This website is owned and operated by PKM & Associates, Inc. (“PKM & Associates”). We at PKM & Associates respect and protect the privacy of visitors to our website, and the privacy of our customers and have developed this Privacy Policy to demonstrate our commitment to protecting your privacy. Except where otherwise noted, this Privacy Policy applies to and describes our information handling practices when you access our services, which include our content located on this website, or any other websites, pages, features, or content we own or operate (collectively, the “Site(s)”) or third-party applications relying on API, and related services (referred to collectively hereinafter as “Services”).

PKM & Associates is a small business marketplace to assist small businesses in accessing and managing capital. Our Privacy Policy applies to everyone who utilizes our Sites.

We encourage you to review PKM & Associates’s Terms of Use. Where consent is required by law to process your personal information, we will ask for your consent to the collection, use, and sharing of your personal information as described further below, otherwise your receipt of notice of our privacy policy constitutes sufficient consent for PKM & Associates to collect and process your personal data in a manner consistent with this Privacy Policy and the law. We may provide additional “just-in-time” disclosures or information about the data processing practices of specific Services. These notices may supplement or clarify our privacy practices or may provide you with additional choices about how we process your data.

For each section, PKM & Associates will provide a summary of the section in the hopes that it will assist PKM & Associates customers to better understand PKM & Associates’ privacy practices and policies. 

1. Types of Information that is collected

1.1 Personal Information.

While PKM & Associates strives to only collect information about your business, due to the nature of small businesses, PKM & Associates invariably collects Personal Information about business owners as they seek business capital. Personal Information is defined as information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device. The definition of Personal information does not include:

• Publicly available information from government records.
• Deidentified or aggregated consumer information.

To establish an account and access our Services, we’ll ask you to provide us with some important information about you. This information is either required by law (e.g. to verify your identity), necessary to provide the requested services (e.g. you will need to provide 3 or 4 months of bank statements), or is relevant for certain specified purposes, described in greater detail below. As we add new features and Services, you may be asked to provide additional information.

Please note that we may not be able to serve you at all, or our Services may be degraded if you choose not to share certain information with us.

1.2 Types of Personal Information.

During the course of offering services, PKM & Associates may, but does not always, collect the following information from you:

• Personal Identification Information: Full name, date of birth, utility bills, photographs, phone number, home address, IP Address, social security number, and/or email.
• Formal Identification Information: Government issued identity document such as Passport, Driver’s License, National Identity Card, State ID Card, Tax ID number, passport number, driver’s license details, national identity card details, visa information, and/or any other information deemed necessary to comply with our legal obligations under financial, consumer protection, and commercial lending laws or contractual obligations imposed upon us by our banking partners.
• Business Information: Employer Identification number (or comparable number issued by a government), proof of legal formation (e.g. Articles of Incorporation), personal identification information for all material beneficial owners.
• Financial Information: Bank account information, Tax return information, Federal and State Tax ID, Profit and Loss Statements, Income statements, Credit Score, Business Invoices, and Wire Instructions.
• Transaction Information: Information about the transactions you make on our Services, such as the name of the recipient, your name, the amount, and/or timestamp.
• Employment Information: Office location, job title, and/or description of role.
• Correspondence: Survey responses, information provided to our support team or user research team.
• Business Information: Type of business, list of officers, members, or managers of the business, articles of incorporation, certificates of good standing, and ownership structure.

1.3 Device/Digital Information.

We receive and store certain types of information automatically, such as whenever you interact with the Sites or use the Services, or access our Site or Services from another website – such as by interacting with an advertisement, or by interacting with PKM & Associates’s . This information helps us address customer support issues, improve the performance of our Sites and applications, provide you with a streamlined and personalized experience, and protect your account from fraud by detecting unauthorized access. Information collected automatically includes:

• Online Identifiers: Geo location/tracking details, browser fingerprint, operating system, browser name and version, and/or device IP addresses.
• Usage Data: Authentication data, security questions, click-stream data, public social networking posts, and other data collected via cookies and similar technologies.

For example, we may automatically receive and record the following information on our server logs:

• How you came to and use the Services.
• Device type and unique device identification numbers.
• Device event information (such as crashes, system activity and hardware settings, browser type, browser language, the date and time of your request and referral URL);
• How your device interacts with our Sites and Services, including pages accessed and links clicked.
• Geographic location; and,
• Other technical data collected through cookies, pixel tags and other similar technologies that uniquely identify your browser and other information about you.

We may also use identifiers to recognize you when you access our Sites via an external link, such as a link appearing on a third-party site.

1.4 Third-Party Information About You.

From time to time, we may obtain information about you from third party sources as required or permitted by applicable law. As needed, we will obtain your consent to obtain this information from third parties.  These sources may include:

• Public Databases & ID Verification Partners: We obtain information about you from public databases and ID verification partners for purposes of verifying your identity in accordance with applicable law.
• Credit Bureaus: With your consent, we obtain information from credit bureaus, including your credit report.We will not disclose your credit report without your explicit permission. We obtain your credit information to better provide services to you, to match you with appropriate lenders, to ensure your identity, and to avoid fraud.
• Financial Institution: With your consent, we obtain information directly from your financial institution, including copies of your account statements. We obtain this information to assist in providing Services to you, including the underwriting process. To do this, we utilize Finicity, Ocrolus, and Plaid. Finicity’s privacy policy, available at https://www.finicity.com/privacy/ describes its collection and use of personal data. Ocrolus’s privacy policy, available at https://www.ocrolus.com/privacy-policy/, describes its collection and use of personal data. Plaid’s privacy policy, available at https://plaid.com/legal/#consumers, describes its collection and use of personal data
• Joint Marketing Partners & Resellers: For example, unless prohibited by applicable law, joint marketing partners or resellers may share information about you with us so that we can better understand which of our Services may be of interest to you.
• Advertising Networks & Analytics Providers: We work with these providers to provide us with de-identified information about how you found our Sites and how you interact with the Sites and Services. This information may be collected prior to account creation.
• Third Party Service Providers: PKM & Associates customers who use certain of our products are subject to third-party privacy policies, including WePay, whose privacy policy is maintained at https://go.wepay.com/privacy-policy/.

2. How information is collected

We obtain information about you during the application process, and also through your interactions with our Sites.

As we’ve noted previously, where we require your consent to process your personal information, we will ask for your consent to collect the use, and sharing of your personal information as described further below. We may provide additional “just-in-time” disclosures or information about the data processing practices of specific Services. These notices may supplement or clarify our privacy practices or may provide you with additional choices about how we process your data, IF YOU DO NOT AGREE WITH OR YOU ARE NOT COMFORTABLE WITH ANY ASPECT OF THIS PRIVACY POLICY, YOU SHOULD IMMEDIATELY DISCONTINUE ACCESS OR USE OF OUR SERVICES

We obtain the categories of personal information listed below from the following sources:

• Directly from you: For example, from forms you complete or by using our Products and Services.
• Indirectly from you: For example, from observing your actions on our Sites.
• Third Parties: For example, from third-party services which you connect to as part of using our Services.

2.1  During the application process. 

To process your initial application for funding, you may provide to us your name, address, phone number, email address and other personal information. You may also be required to provide the name of your business, its address, its federal and state tax ID, the type of business, business location, average monthly sales, state of incorporation, name of Landlord. Such information is used primarily to process your application for business funding, but may also be used as otherwise described in this privacy policy. 

2.2  Emails and telephone calls. 

You provide us with an email address when you register for our services. We use your email for both transactional (e.g., application status, application updates, application confirmation, etc.) and promotional (e.g., newsletters, new product offerings, event notifications, special third-party offers) purposes. We may send e-mail messages to you that may contain code that enables us or our vendors to track your usage of the e-mails, including whether the email was opened and what links (if any) were clicked. Additionally, during the application process, you may engage in email communications about your transaction, and provide PKM & Associates with information about you, your business, and your application. If you would rather not receive promotional emails from us, please see the section below labeled “Choice/Opt-Out”. We reserve the right to send you certain communications relating to the PKM & Associates services, such as service announcements and administrative messages, without offering you the opportunity to opt out of receiving them. We may also contact you by telephone or text message (including to any wireless number you may provide to us), and you may provide to us information, in connection with PKM & Associates’ services, or for marketing purposes if you consent to receiving such telephone calls or text messages. PKM & Associates records, stores, transmits, and analyzes the contents of these calls to third-parties for the purposes discussed in sections 3 and 4. If you would rather not receive telephone calls or text messages from us, you may change or delete your number from your account preferences page(s), or ask to be placed on our internal do-not-contact list if you receive a call or text message from us. We fully comply with the requirements of the U.S. CAN-SPAM Act, the Telephone Sales Rule, the Telephone Consumer Protection Act (TCPA), and relevant state laws governing telephone calls.

2.3  Service Providers

PKM & Associates offers multiple ways for our customers to interact with us, and provides to our customers a variety of information to support their business financing journey. PKM & Associates embeds videos on its websites, it enables chat features, utilizes AI chatbots, third-party web monitoring services, and other general services from time to time. You provide your information to those service providers, who, in turn, provide that information to PKM & Associates. By utilizing these service providers on PKM & Associates’ Sites, we may also disclose your information to those service providers as set forth more fully in sections 3 and 4 below. To the extent possible, PKM & Associates minimizes the data it collects, the data it shares, and anonymizes and aggregates your data. Furthermore, PKM & Associates enacts relevant restrictions, such as screening sensitive personal information from collection or use by these third-party service providers.  

2.4 Log files.

Any time you visit any of our Sites, our servers automatically gather information from your browser (such as your IP addresses, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks) to analyze trends, administer the site, prevent fraud, track visitor movement in the aggregate, and gather broad demographic information. For example, we may log your IP address for system administration purposes. IP addresses are logged to track a user’s session. This gives us an idea of which parts of our site users are visiting. We do not share the log files externally.

2.5 Cookies.

We use “cookies” to keep track of some types of information while you are visiting our Sites or using our services. Cookies are very small files placed on your computer, and they allow us to count the number of visitors to our Sites and distinguish repeat visitors from new visitors. They also allow us to save user preferences and track user trends. We rely on cookies for the proper operation of our Sites. Some of those cookies also transmit information about you back to third parties.

2.6 Web beacons.

” Web beacons” (also known as “clear gifs” and “pixel tags”) are small transparent graphic images that are often used in conjunction with cookies in order to further personalize our Sites for our users and to collect a limited set of information about our visitors. We may also use web beacons in email communications in order to understand the behavior of our customers. We do not link the web beacons to any personally identifiable information.

2.7 Other sources and third parties.

We may obtain information about you from third parties. We combine this third-party data with the information we already have about you to create tailored advertising and other relevant product recommendations. If you provide information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us. Any information obtained from a third-party will be used to assist matching your business with various lenders.

The sites contain links to other websites that are maintained by third parties. These third parties are solely responsible for their own websites, and we encourage you to reach out to such third parties for copies of and information regarding their privacy and security practices. We do not control, and are not responsible for, the privacy and security practices of these third parties.

3. How your information is used

3.1 PKM & Associates Services.

We process your personal information to provide the Services to you. For example, when you wish to seek business financing from one of our financing partners, we require certain information such as your identification, contact information, income information, and other information as requested by our business financing providers. 

3.2 Artificial Intelligence and Machine Learning.

As part of offering our Services, PKM & Associates has created our own Artificial Intelligence (“AI”) and Machine Learning (“ML”) datasets and models. PKM & Associates also utilizes vendors who utilize AI and ML models. Your information may be processed utilizing these AI and ML models. Your Personal Information may also be used to train these AI and ML models. As part of PKM & Associates’ efforts to develop our AI and ML models ethically and responsibly, PKM & Associates has committed to ensuring that it does so in conformance with all applicable laws, regulations, and ethical standards. 

3.3 Service communications.

We send administrative or account-related information to you to keep you updated about our Services, inform you of relevant security issues or updates, or provide other transaction-related information. Without such communications, you may not be aware of important developments relating to your account that may affect how you can use our Services. You may not opt out of receiving critical service communications, such as emails or mobile notifications sent for legal or security purposes;

3.4 Customer service.

We process your personal information when you contact us to resolve any questions, disputes, collect fees, or to troubleshoot problems. Without processing your personal information for such purposes, we cannot respond to your requests and ensure your uninterrupted use of the Services.

3.5 Research and development purposes.

We process your personal information to better understand the way you use and interact with PKM & Associates’ Services. In addition, we use such information to customize, measure, and improve PKM & Associates’ Services and the content and layout of our applications, and to develop new services. Without such processing, we cannot ensure your continued enjoyment of our Services.

3.6 To enhance your experience.

We process your personal information to provide a personalized experience and implement the preferences you request. For example, you may choose to provide us with access to certain personal information stored by third parties. Without such processing, we may not be able to ensure your continued enjoyment of part or all our Services.

3.7 Facilitate corporate acquisitions, mergers, or transactions.

We may process any information regarding your account and use of our Services as is necessary in the context of corporate acquisitions, mergers, or other corporate transactions. You have the option of closing your account if you do not wish to have your personal information processed for such purposes.

3.8 Maintain legal and regulatory compliance.

Most of our core Services are subject to laws and regulations requiring us to collect, use, and store your personal information in certain ways. For example, PKM & Associates must identify and verify customers using our Services to comply with commercial lending laws across jurisdictions.

3.9 Enforce our terms in our user agreement and other agreements.

PKM & Associates handles sensitive information, such as your identification and financial data, so it is very important for us and our customers that we actively monitor, investigate, prevent, and mitigate any potentially prohibited or illegal activities, enforce our agreements with third parties, and/or prevent and detect violations of our posted user agreement or agreements for other Services.

3.10 Detect and prevent fraud.

We process your personal information in order to help detect, prevent, and mitigate fraud and abuse of our services and to protect you against account compromise or information loss.

3.11. Ensure quality control.

We process your personal information for quality control and staff training to make sure we continue to provide you with accurate information. If we do not process personal information for quality control purposes, you may experience issues on the Services.

3.12 Ensure network and information security.

We process your personal information in order to enhance security, monitor and verify identity or service access, combat spam or other malware or security risks and to comply with applicable security laws and regulations. The threat landscape on the internet is constantly evolving, which makes it more important than ever that we have accurate and up-to-date information about your use of our Services. Without processing your personal information, we may not be able to ensure the security of our Services.

3.13 Data Anonymization and Data Aggregation.

We may use data we have anonymized and aggregated for any business purpose.

Anonymization is a data processing technique that removes or modifies personal information so that it cannot be associated with a specific individual. Except for this section, none of the other provisions of this Privacy Policy apply to anonymized or aggregated customer data (i.e. information about our customers that we combine together so that it no longer identifies or references an individual customer).

PKM & Associates may use anonymized or aggregate customer data for any business purpose, including to better understand customer needs and behaviors, improve our products and services, conduct business intelligence and marketing, and detect security threats. We may perform our own analytics on anonymized data or enable analytics provided by third parties.

Types of data we may anonymize include transaction data, click-stream data, performance metrics, and fraud indicators. Moreover, should you request that your information be deleted in accordance with the policies set forth more fully below, some of your information may be anonymized or aggregated, which complies with applicable law regarding deletion of personal information. 

4. Sharing your information with third parties

4.1. Disclosure By Law.

PKM & Associates may disclose information you provide if required to do so by law, at the request of a third party pursuant to a court order, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law) and (2) protect or defend PKM & Associates’, or a third party´s, rights or property.

4.2. Financing Providers. 

As part of applying for business financing, you agree that PKM & Associates will share your information with lenders, business financing providers, banks, and brokers (“Financing Providers”) within our marketplace. Please be aware that the lFinancing Providers with whom you are matched and with whom your information is shared may retain your information, even if you do not enter into an agreement for their products or services. Upon request, PKM & Associates will provide you with a list of those Financing Providers with whom we’ve shared your data as part of your application. Please contact each such party directly regarding their privacy and information policies. Also, if you enter into an agreement with a Financing Provider and make changes to the information you have provided us, we may share the updated information with such Financing Providers.

4.3. Sharing Trusted Third Parties By Us.

PKM & Associates shares your information with various third-parties who may offer products or services which PKM & Associates believes may be of interest to you. Your information will only be shared with that party after you have chosen to pursue their services (such as by clicking a link to their website).  The third parties may offer services ranging from tax preparation, consumer loans, credit repair, or other ancillary services. We are not responsible for the material of the third parties or their actions. In addition, from time to time, we may share personal contact information (such as e-mail or mailing address) about our user base with carefully selected third parties, so they can offer goods and services that we believe may be of interest to our users. 

4.4. Service Providers and Subcontractors.

PKM & Associates shares your information with subcontractors and service providers who assist in providing services to you. Our contracts require these service providers to only use your information in connection with the services they provide for us and prohibit them from selling your information to anyone else. Examples of the types of service providers we may share personal information with (other than those mentioned above) include:

• Artificial Intelligence Chatbots
• Email Service Providers
• Network infrastructure
• Cloud storage
• Transaction monitoring
• Security
• Document repository services
• Customer support
• Internet (e.g. ISPs)
• Data analytics
• Information Technology
• Marketing
• Any other service providers PKM & Associates believes are necessary to offer its Services to you.

Please note that some of these Service Providers utilize AI and ML as part of offering their services to you. Where possible, PKM & Associates has contractually restricted these Service Providers from utilizing your data to train their models, except in furtherance of refining their services to PKM & Associates customers. Where possible, PKM & Associates also require these Service Providers to anonymize and aggregate any personal information that they use or process as part of their services. PKM & Associates further seeks commercially reasonable assurances that these service provides 

4.5. As part of a Merger, Acquisition, or Fundraising Event

PKM & Associates may share your personal information with companies or other entities that we plan to merge with or be acquired by, or who may provide us with funding. You will receive prior notice of any change in applicable policies.

4.6. Third party advertising platforms and providers

We may share certain personal information with, or make certain personal information available to, third party advertising platforms and providers. This occurs when you view our advertisements on third-party websites, or interact with those advertisements. Doing so may place a third-party cookie on your computer. Generally, these companies do not collect information that can personally identify you, but, when combined with other information they may have in their database, such information may become personal information. We share aggregate website usage information with third party advertisers and related third party providers for the purpose of effectively targeting our online advertisements. These third-party advertising networks also track visitors’ online usage and behavior patterns. These companies may use information about your visits to PKM & Associates and other websites to provide advertisements on this site and across other sites about products and services that may be of interest to you. The result of these efforts is the creation by the third party advertising company of an online profile and segments that attempt to predict individual user interests, preferences and purchasing habits. The third-party advertising networks then use the profile and segments to customize the advertising content served to users when visiting other website.

4.7. Professionals

We may share personal information with our professional advisors who provide banking, legal, compliance, insurance, accounting, or other consulting services in order to complete third party financial, technical, compliance and legal audits of our operations or otherwise comply with our legal obligations.

4.8. Miscellaneous

We may share your personal information for any purpose with which you consent.

5. Updating, accessing, retaining, and deleting your information

You may choose to update, access, or delete your data; however, we may be legally required to retain your information to comply with the law.

You may update or access your contact information at any time by logging into your account and making any change or update. Any changes made will be updated immediately.

If you want to stop using your account, you may deactivate it. When you deactivate an account, your information will not be sent to any Funding Providers, but the information will not be deleted. By deactivating your account, you will have the ability to restore the account in its entirety.

You may delete your account from PKM & Associates in certain circumstances upon submitting a request to PKM & Associates to delete your account. In certain circumstances, PKM & Associates is legally required to continue to maintain the information in your account. In these circumstances, PKM & Associates will place your account into a deactivated status, will opt you out of all communications, and will disable your access to the account.

In the event that PKM & Associates is able to comply with your request to delete your account, the data you provide to PKM & Associates will be retained by PKM & Associates in a commercially reasonable manner and to comply with relevant lending laws. Once your account is deleted, PKM & Associates will not share your information, and will only use your data for internal research and PKM & Associates marketing. Data that is retained by PKM & Associates will be retained for a commercially reasonable period as determined by PKM & Associates in conformance with applicable law.

We store your personal information securely throughout the life of your PKM & Associates Account. We will only retain your personal information for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting obligations or to resolve disputes. While retention requirements vary by jurisdiction, information about our typical retention periods for different aspects of your personal information are described below.

1. Personal information collected to comply with our legal obligations under financial, consumer protection, and commercial credit laws may be retained after account closure for as long as required under such laws.
2. Contact Information such as your name, email address and telephone number for marketing purposes is retained on an ongoing basis until you unsubscribe. Thereafter we will add your details to our suppression list to ensure we do not inadvertently market to you.
3. Content that you post on our support desk comments, photographs, videos, blog posts, and other content may be kept after you close your account for audit and crime prevention purposes (e.g. to prevent a known fraudulent actor from opening a new account).
4. Recording our telephone calls with you may be kept for a period of up to six years.

Information collected via technical means such as cookies, web page counters and other analytics tools is kept for a period of up to one year from the expiry of the cookie.

Opting out of receiving electronic communications from us. If you no longer wish to receive promotional email communications from us, please follow the instructions provided in Section 7 below.

Your California privacy rights. In addition to the above, if you are a California resident, please review our California Privacy Notice to learn more about the personal information we collect, use and disclose, as well as your privacy rights related to your personal information under the California Consumer Privacy Act (CCPA) and its amendment, the California Privacy Rights Act (CPRA), as well as other state laws.

6. Security

We employ commercially reasonable security measures to protect the loss, misuse and alteration of the information stored in our database. These measures include the use of industry standard encryption methods and administrative access to site data, as well as other proprietary security measures which are applied to all repositories and transfers of user information. We will exercise reasonable care in providing secure transmission of information between your computer and our servers but given that no information transmitted over the Internet can be guaranteed 100% secure, we cannot ensure or warrant the security of any information transmitted to us over the Internet and hence accept no liability for any unintentional disclosure. PKM & Associates maintains a SOC 2 certification evidencing our commitment to securing your personal information. Unfortunately, no method of transmission over the Internet or electronic storage is 100% secure. Therefore, PKM & Associates cannot ensure or warrant the absolute security of any data or content you transmit to us.

In the event of a suspected breach of security of your personally information, we will, to the extent required by law, notify you so you can take appropriate protective steps and to inform you of the steps PKM & Associates is taking with respect to any such suspected breach.

We also encourage you not to share your account login and/or password with any other individual. Your account login and/or password is sensitive, and your sharing of your account information may lead to additional exposure to your account.

7. Choice / Opt out of Marketing

You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instruction included in these emails or you can contact us at [email protected]

You can choose not to provide us with certain information, but this will likely result in the inability to use certain features of the site and to obtain the services and products you are seeking. As a general matter, do not post personal information on public forums. You are solely responsible for the posting of any personal information on public forums.

If, after signing up for our services, you decide you no longer wish to receive our services or future contact from lenders, brokers, or other third parties to which your information has been referred, you may cancel your account as discussed herein. Upon canceling your account, your information will no longer be sent to lenders, brokers, or other third parties. This does not guarantee that these lenders, brokers, or other third parties will cease contacting you or using your information. Please be sure to reach out to all lenders, brokers, and/or other third parties to ensure they cease contacting you.

Certain federal and state regulations require that we maintain a record of your information for certain periods of time. Due to these regulations, we may be unable to completely delete your information from our database until the time requirements of these regulations have expired.

8. California Privacy Notice

In addition to the rights provided for above, the information contained in this section applies solely to those individuals who reside in the State of California. We adopt this notice to comply with the California Consumer Privacy Act of 2018 and California Privacy Rights Act of 2020 (together, the “CCPA”) and any terms defined in the CCPA have the same meaning when used in this Policy.

Effective January 1, 2020, pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), California residents have certain rights in relation to their personal information, subject to limited exceptions. Any terms defined in the CCPA have the same meaning when used in this California Privacy Notice.

8.1 Personal information we collect.

PKM & Associates may collect, or has collected, the following categories of personal information from California residents within the last twelve (12) months:

CATEGORY	EXAMPLES
Identifiers	First and last name; email address; phone number; home address; social security number, driver’s license, passport, or other government issued identity document; password and account credentials; Employer Identification Number (or comparable number issued by a government); and other contact and personal identification information
Personal information categories listed in the California Civ Code § 1798.80(e)	First and last name; phone number; home address; signature; social security number, driver’s license, passport, or other government issued identity document; payment card information; bank account information
Internet or other electronic activity information	Cookie identifiers; pixel tags; embedded scripts; tags; IP address, device identifier, device type, operating system and Internet browser type, screen resolution, operating system name and version, device manufacturer and model, language, plug-ins, add-ons, and the language version of the Websites and Apps you are visiting; geolocation data, browsing history, time spent on the Platform, pages visited, links clicked, language preferences, patterns of use, and the pages that led or referred you to our Platform including individual Websites and Apps
Characteristics of protected classifications under California or federal law	Date of birth; demographic information (e.g., nationality, gender)
Commercial information	Payment histories; account balances and activity; products and services that you have purchased, obtained, or considered; utility bills; profit and loss statements; income statements; credit score and other credit report information; information about transactions you make on the Services; and/or other purchasing or consumer histories, tendencies, and preferences
Geolocation data	Global Positioning System (“GPS”) data based on your IP address
Audio, electronic, or visual information	Photographs; recordings of calls to or from our customer service centers
Professional or employment-related information	Office location, job title, and/or description of role
Inferences about you	Inferences based on information about an individual to create a profile about a consumer reflecting the individual’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes

Please note that because of the overlapping nature of certain of the categories of personal information identified above, which are required by state law, some of the personal information we collect may be reasonably classified under multiple categories.

Sensitive personal information. Certain of the personal information that we collect, as described above, may constitute “sensitive personal information” under California law, including:

• Social security, driver’s license, state identification card, and/or passport number
• Account log-in combined with any required security or access codes, passwords, or other credentials allowing access to an account
• Precise geolocation
• Racial and/or ethnic origin
• Personal information concerning sex life or sexual orientation

The specific types of personal information we collect are further detailed in Section 1 of this Privacy Policy. Personal information does not include information excluded from the CCPA’s scope.

PKM & Associates will not retain any information we collect form you for longer than is reasonably necessary for the disclosed purpose of using such information. Our determination of precise retention periods will be based on (i) the length of time we have an ongoing relationship with you; (ii) whether there is a legal obligation to which we are subject; and (iii) whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

8.2 Uses of personal information

PKM & Associates may collect, use, or disclose personal information about California residents for purposes listed in Section 3 of this Privacy Policy.

The sensitive personal information that we collect as described in Section 10.1 above may be used for any of these purposes.

8.3 Sources of personal information

PKM & Associates may collect personal information about California residents from the categories of sources listed in Sections 1.3 and 2 of this Privacy Policy.

8.4 Disclosure of personal information

We may disclose your personal information to the categories of service providers and third parties identified in Section 4 of this Privacy Policy, and in ways that are described in that section.

This includes disclosure of your personal information to service providers for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not to use it for any purpose except performing the contract. In the preceding twelve (12) months, we have disclosed each categories of personal information listed in Section 8(a), including the listed sensitive personal information, for a business purpose.

In addition, PKM & Associates “sells”/”shares” certain personal information, as those terms are defined by the CCPA, for purposes of cross-contextual behavioral advertising, as that term is defined by the CCPA. Specifically, as with many online companies, PKM & Associates partners with third parties advertising platforms and similar providers to manage our marketing of PKM & Associates on other platforms, where such advertising is based on your past visits to our Sites and Services. These third party partners may use technologies, such as cookies and pixels, to gather information about your activities on the Sites and Services to deliver such advertising to you when you visit their platforms. Please also review our disclosures in Sections 1.2, 2, and 5 of our Privacy Policy for more information about this activity.

The CCPA requires us to identify the categories of personal information that we have “sold”/“shared” under the CCPA in the preceding twelve (12) months. In the last twelve (12) months, we have “sold”/”shared” the following categories of personal information to advertising partners for cross-context behavioral advertising purposes:

• Identifiers
• Internet or other electronic network activity information
• Personal information categories listed in the California Civ Code § 1798.80(e)
• Internet or other electronic activity information

8.5 Your California privacy rights

The CCPA provides California residents with specific privacy rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

If you are a California resident, you have the right to make the following requests under applicable California law in relation to your personal information, subject to certain exceptions:

• Right to Know. You have the right to, up to twice in a 12-month period, request what personal information we collect, use, disclose, and/or sell, and to whom, as applicable. You may request either a report disclosing the general categories of the personal information we collect, or a report disclosing the specific pieces of personal information we collect.
• Right to Delete. You have the right to request, under certain circumstances, the deletion of your personal information that we collect.
• Right to Opt-Out of Sale or Sharing. You have the right to opt-out of the “sale”/“sharing” of your personal information, as those terms are defined under California law.
• Right to Limit Use and Disclosure. You have the right to limit the use or disclosure of your sensitive personal information to only the uses necessary for us to provide our products and services to you, or for certain other authorized purposes. We will not use or disclose your sensitive personal information after you have exercised your right unless you subsequently provide consent for the use of your sensitive personal information for additional purposes.
• Right to Correct. You have the right to request the correction of your inaccurate personal information.
• Right to Non-Discrimination. You have the right not to receive discriminatory treatment for the exercise of the privacy rights described above.

How to submit a request.

You can exercise your rights by contacting us at privacy@PKM & Associates.com, by contacting customer service at (855) 853-6346, or by filling out this online form so that we may consider your request.

Any request you submit to us is subject to an identification and residency verification process as permitted by the CCPA. We will not fulfill your request unless you have provided sufficient information that enables us to reasonably verify that you are the consumer about whom we collected the personal information on. In order to verify you, you must provide us with first name, last name, and email address.

Requests by authorized agents. If you are a California resident, you may designate an authorized agent to make a request to access or a request to delete on your behalf. We will respond to your authorized agent’s request if they submit proof that they are authorized to be able to act on your behalf or submit evidence you have provided them with power of attorney pursuant to California Probate Code section 4000 to 4465. We may deny requests from authorized agents who do not submit proof that they have been authorized by you to act on their behalf, or are unable to verify their identity

Household data. We currently do not collect household data. If we receive a request submitted by all members of a household, we will individually respond to each request. We will not be able to comply with any request by a member of a household under the age of 18, as we do not collect personal information from any person under the age of 18.

Responses. We will respond to your request within forty-five (45) days after receipt of a Verifiable Consumer Request for a period covering twelve (12) months and for no more than twice in a twelve-month period. PKM & Associates reserves the right to extend the response time by an additional forty-five (45) days when reasonably necessary and provided consumer notification of the extension is made within the first forty-five (45) days.

These rights are subject to various exclusions and exceptions under California law and other applicable laws. In addition, if we are unable to verify your identity to a degree of certainty as required by the CCPA through any reasonable method, we will state that we are unable to verify in a written response to you along with a reason as to why there is no reasonable method by which we can verify your identity.

Direct marketing by third parties. PKM & Associates does not disclose personal information to third parties for their own direct marketing purposes. However, California residents additionally have the right to request information regarding such practices under California’s “Shine the Light” law. If you are a California resident and would like to inquire further, please email [email protected].

We will continue to update our business practices as direct regulatory guidance becomes available.

8.6 Notice of Right to Opt-Out

As detailed in Section 10.4 above, PKM & Associates “sells”/“shares” personal information with third parties for purposes of cross-context behavioral advertising, as those terms are defined by the CCPA.

If you wish to opt-out of the “sale”/“sharing” of the limited personal information that is gathered when you visit our Sites and Services for purposes of cross-context behavioral advertising, by fill out this online form.

9. Special Notice to Vermont Residents

Vermont residents have access to additional limits on the sharing of their personal information subject to certain exceptions.

Vermont law places additional limits on sharing information about Vermont residents so long as they remain residents of Vermont. In accordance with Vermont law, we will not share information we collect about Vermont residents to companies outside of PKM & Associates except: (1) As permitted by law; (2) To companies that perform marketing or other services on our behalf; (3) Name, contact and transaction and experience information to other financial institutions with which we have joint marketing agreements; or (4) With the authorization or consent of the Vermont resident. We also will not share non-transactional information about Vermont residents received from others within the PKM & Associates family of companies except with the authorization or consent of the Vermont resident.

10. Notification of Privacy Policy Changes

We reserve the right to update this Privacy Policy and will notify you if we do so; however, we encourage you to regularly review this policy for the latest information.

We may update this privacy policy to reflect changes to our information practices. If we make any material changes, we will notify you by email (sent to the email address specified in your account) or by means of a notice on this Site. We encourage you to periodically review this page for the latest information on our privacy policy. When we make changes to this Privacy Policy we will revise the revision date at the top of the Privacy Policy.

11. Protecting Children’s Privacy

These Sites are general audience websites, and we do not knowingly collect personal, or other, information from children under the age of 18. If you are under the age of 18, please do not use our site. If we suspect that the information provided to us is, in fact, personal information of an individual younger than 18 years of age, such information will be deleted, aggregated, or anonymized as soon as possible. Please notify us if you know of any individuals under the age of 18 using our services so we can take action to prevent access to our services.

12. Contact Information

If you have any questions about this Privacy Policy or wish to exercise one of your privacy rights, please contact us using the following information:

217 Commercial Center Blvd, Suite 200
Berlin, MD 21811
Telephone: (832) 913-5014
Email: [email protected]

These Terms of Use shall become effective as of February 11, 2025.
Introduction
This is a legal agreement between you and PKM & Associates, Inc., a Texas corporation (“PKM & Associates”), which may be contacted at 10850 Windmill Creek Lane Berlin, MD 21811 USA. By accessing this website, and any sub-sites of this website (together the “Site”), and/or using any of the Services (as defined below) accessible though the Site, you become a user and agree to, and are bound by, the terms and conditions of this agreement and the PKM & Associates Privacy Policy (collectively, “Terms”) for as long as you continue to use the Site or Services. IF YOU DO NOT AGREE TO BE BOUND BY TERMS, DO NOT USE THE SITE OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in the Terms or will be presented to you for your acceptance when you sign up to use such Services or purchase such products. Please check these Terms periodically for changes because we reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. Please see the beginning of the Terms to determine when the Terms were last revised.

As used in these Terms, the following words shall have the following meanings. “PKM Associates” includes “PKM Associates, Inc.”, “PKM Associates”, “we”, “us” and variations such as “our”. “Service” includes the products, services and software that you order, receive or access as part of your use of PKM & Associates’ Sites.
THESE TERMS STATE THAT ANY DISPUTES BETWEEN YOU AND PKM & ASSOCIATES MUST BE RESOLVED IN BINDING ARBITRATION, THAT YOU WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, AND THAT THE LAW OF THE STATE OF TEXAS APPLIES TO ALL INTERACTIONS BETWEEN YOU AND PKM & ASSOCIATES. YOU MAY OPT OUT OF ARBITRATION AND THE CLASS ACTION WAIVER BY FOLLOWING THE PROCEDURES IN SECTION 10.G BELOW
1.

1. 1. Description of Services

PKM & Associates engages in several business services (the “Services”) for which a customer may use the Site. PKM & Associates

reserves the right to cancel a portion of any of our Services at any time.

1. Marketplace Services

PKM & Associates matches qualified small business owners with active banks, credit unions, and other lending and commercial funding sources (the “Marketplace Services”). PKM & Associates assists business owners to identify the business funding type and specific business Funder’s (s) that may offer the business an opportunity to prepare for and acquire a business loan.

1. Other miscellaneous services

PKM & Associates may add additional products and services over time, and these Terms of Use shall apply to those additional services.

1. Use of Site and Service:

As a user of the Site or a user registered to use any of the Services (a “Registered User”), you agree to the following:

1. Exclusive Use. Your account is to be used only by you and only for your business needs. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that PKM & Associates is not responsible for third-party access to your account that results from theft or misappropriation of your user name and passwords.
2. Information Submitted. You are solely responsible for, and assume all liability regarding (i) the information and content you provide through your use of the Site and any Services, (ii) the information and content you make available in any manner through the service, and (iii) your interaction with any and all third-parties. Any attempt to enter information to create a duplicate account will be rejected and your account will be put on hold.
3. Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any interactions with third-parties, including
   

but not limited to any lenders to which you are matched, referred or provided.

1. No Guarantees. PKM Associates may not be able to provide matches for every individual or business seeking to use the Services. PKM & Associates makes no guarantees as to the number of matches or the suitability of the business funding for any individual or business which utilizes the Services.
2. No False Information. You agree to provide accurate, true, current and complete information. In the event that PKM & Associates determines that the information that is provided is incomplete, fraudulent, false, or otherwise inaccurate, PKM & Associates reserves the right to terminate your access to the Services.
3. Legal Purpose. You agree to not use the Site or Services for any illegal purpose. You will only use the Site or Service in accordance with federal, state and local laws.
4. Business Purpose. You agree to only use the Site or Services for a bona fide business purpose. You agree not to use the Site or Services for personal, family or household purposes. You may not use the Site or Services to obtain information about or make decisions about anyone but yourself and/or your business.

1. Intellectual Property Rights:
   1. Ownership of Proprietary Information. You hereby acknowledge and agree that PKM Associates is the owner of all rights in and to the Site and Services. Federal, state, and local laws and regulations protect these proprietary rights. You are permitted to use the Site and Services only as expressly authorized by these Terms. You may not copy, reproduce, distribute or create derivative works, reverse engineer or reverse compile any of the Site or Services or technology.
   2. No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) confidential information or (ii)
      

other copyrighted material, trademarks, or other proprietary information accessible via the Site or Services, without first obtaining the prior written consent of the owner of such proprietary rights.

1. License to Provided Content. By providing information or content to any account or public area of the Site or Service, you automatically grant, and you represent and warrant that you have the right to grant, to PKM & Associates and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub- licenses of the foregoing. From time to time, we may create, test or implement new features or services on the Site in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or services.

1. Links to Third Party Websites and Dealings with Advertisers and Sponsors:

The Site and Services may contain links to websites of third-parties, including without limitation, advertisers, which are not under the control of PKM Associates, and PKM Associates is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such websites. PKM & Associates provides these links to you as a convenience, and the inclusion of any link does not imply that PKM & Associates endorses or accepts any responsibility for the content on such third-party websites. Your correspondence or business dealings with, or participation in promotions of, advertisers or third-parties found on or through the Site or Services are solely between you and such advertiser or third-party. You agree that PKM & Associates will not be responsible or liable for any loss or damage of any sort incurred as the result of the presence

of such advertisers on the Site or Services. Please visit our Privacy Policy to learn more about how we use your information.

1. Disclaimer of Warranty:

No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. PKM Associates PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. PKM & ASSOCIATES DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. PKM & ASSOCIATES DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF

THE SERVICES. Third party content. Third-Party Content. Opinions, advice, statements, offers, or other information or content made available through the Site or Services, but not directly by PKM & Associates, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. PKM & Assciates DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN PKM & ASSOCIATES. UNDER NO CIRCUMSTANCES WILL PKM & ASSOCIATES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR SERVICES OR TRANSMITTED TO OR BY ANY USERS.

Beta Features. From time to time, PKM & Associates may offer new “beta” features or tools with which its users may experiment on the Site or Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind and may be modified or discontinued at PKM & Associates’ sole discretion. The

provisions of this Disclaimer of Warranty section apply with full force to such features or tools.

1. Limitation of Liability:

Incidental Damages and Aggregate Liability. IN NO EVENT WILL LEND PKM & Associates BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF PKM & ASSOCIATES KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL PKM & ASSOCIATES’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS TERMS OR THE USE OF THE SERVICES OR SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT OR SUBSCRIPTION, OR, IF YOU HAVE NOT PAID PKM & Associates FOR THE USE OF ANY SERVICES, THE AMOUNT OF USD

$25.00 OR ITS EQUIVALENT. No Liability for non-PKM & Associates Actions. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT PKM & Associates WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES.

Information Verification. PKM & Associates and its contractors may use various methods of verifying the information that users have provided. However, none of those ways are perfect, and you agree that PKM & Associates and its contractors will have no liability to you arising from any incorrectly verified information

1. Indemnification:

You agree to indemnify, defend and hold harmless PKM & Associates, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (i) your use of or inability to use the Site or Services, (ii) any user postings made by you, (iii) your violation of any terms of these Terms or your violation of any rights of a third-party, or (iv) your violation of any applicable laws, rules or regulations. PKM & Associates reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to

indemnification by you, in which event you will fully cooperate with PKM & Associates in asserting any available defenses.

1. User Information:
   1. Privacy Policy. For information about the collection and possible use of information and material provided by you, please visit PKM & Associates’ Privacy Policy located on the Site. By using the Site or the Services, you are consenting to the terms of PKM & Associates’ Privacy Policy.
   2. Disclosure by Law. You acknowledge and agree that PKM & Associates may disclose information you provide if required to do so by law, at the request of a third-party, or if we, in our sole discretion, believe that disclosure is reasonable to (i) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); or (ii) protect or defend PKM & Associates’, or a third-party’s, rights or property.
   3. Information Security. We work hard to protect PKM & Associates and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. In particular:
      1. We encrypt many of our services using industry standard methods.
      2. We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems.
      3. We restrict access to personal information to PKM & Associates employees, contractors and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
   4. Use of Anonymous Information for Research. By using the Site and/or Services, you agree to allow PKM & Associates to
      

anonymously use the information from you and your experiences through the Services to continue PKM & Associates research into successful business practices and to improve the Services.

1. License Regarding Your Content. You retain all ownership interest in and to the content you provide to the Site or as part of your use of the Services. However, by submitting your content, including your personal and business information, you hereby grant to PKM & Associates a perpetual, non- exclusive, irrevocable, royalty-free license to reproduce, adapt, edit, modify, translate, publish, transfer, and/or distribute any of your content. This license specifically includes the right for PKM & Associates to make such content available to other trusted companies, organizations, and/or individuals with whom PKM & Associates has a business relationship in order to carry out the performance of the Services. As part of its performance of the Services, PKM & Associates may (i) transmit or distribute your information over various public networks and in various forms; and (ii) make necessary changes to your content in order to perform its obligations.

1. Restrictions:

You may not, and will make all reasonable efforts to make sure any third parties do not: Use the Services as a money services business, money transmitter, payment intermediary, aggregator, or service bureau or resell the Services in any manner. Use the Services on behalf of a third party in any manner. Abuse the Services in any manner. Use the Service in violation of any other agreement you may have, including without limitation, the agreement you have with WePay, Paypal, Square, Stripe, Plaid, or any of your financial accounts. Create a similar product or service through use of or access to the Service. Use the Service in violation of any law, regulation, or rule. Use the Service to perpetuate or commit a fraud of any kind. Use the Services in any way that is not authorized by PKM & Associates. Use the Service for personal bank accounts.

1. Dispute Resolution by Binding Arbitration:

In the interest of resolving disputes between you and PKM &

Associates in the most expedient and cost-effective manner, you and PKM & Associates agree that either party, at any time, may opt to adjudicate their disputes through binding arbitration instead of in courts of general jurisdiction (“Agreement to Arbitrate”). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, condenses discovery, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other users.

You further agree and understand that any and all disputes, whether heard before a court of competent jurisdiction, or an arbitrator, shall be done solely on an individual basis, and that you affirmatively waive your right to participate in a class action to resolve any dispute (as defined below) that you may have with PKM & Associates.

You understand that by entering into this agreement, you and PKM & Associates are each waiving the right to a trial by jury or to participate in a class action:

a.

1. Claims To Be Resolved By Binding Arbitration. You and PKM & Associates agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before this or any prior Terms; claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of these Terms.
   
2. Exceptions. Notwithstanding Section 10(a), you and PKM & Associates agree that no statement herein shall be deemed to waive, preclude, or otherwise limit either party’s right to (i) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (ii) seek injunctive relief in any competent court of law; or (iii) to file suit in a court of law to address intellectual property infringement claims.
3. Arbitrator. Any arbitration between you and PKM & Associates will be governed by the Commercial Dispute Resolution Procedures (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879.
4. Notice and Process. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to PKM & Associates should be addressed to: PKM & Associates, Inc., 10850 Windmill Creek Lane Berlin, MD 21811 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and PKM & Associates do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or PKM & Associates may commence an arbitration proceeding.
5. Fees. In the event that you commence arbitration in accordance with these Terms, PKM & Associates will, at your request, reimburse you for your payment of the arbitration filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any request for payment of fees by PKM & Associates should be submitted by mail to the AAA along with your Demand for Arbitration and PKM & Associates will make arrangements to pay all necessary fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in
   

the arbitration to be frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), you agree to reimburse PKM & Associates for all fees associated with the arbitration paid by PKM & Associates on your behalf that you otherwise would be obligated to pay under the AAA’s rules.

1. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non- appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules.

Any in-person arbitration hearings will take place at a location to be agreed upon in Harris County, Texas. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

No Class Actions. Unless both you and PKM & Associates agree otherwise, 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.

YOU AND PKM & ASSOCIATES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING:

1. Opt-Out. If you are a new PKM & Associates user, you can choose to reject the arbitration agreement contained in this Section 10 (“opt-out”) by mailing us a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty (30) days after the date you accept these Terms for the first time. You must mail the Opt-Out Notice to the Notice Address listed in Section 10(d), above.

The Opt-Out Notice must contain your name, address (including street address, city, state and zip code), and the user

name(s) and email address(es) associated with the PKM & Associates account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Terms will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with PKM & Associates.

1. Modifications. If PKM & Associates makes any future change to this Agreement to Arbitrate (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Notice Address provided above. You acknowledge and agree that, in the event you reject any future change, your account with PKM & Associates shall be immediately terminated and you will arbitrate any dispute between us in accordance with the language of this provision.
2. Severability and Enforceability. If an arbitrator or court decides that any part of this Section 10 is invalid or unenforceable, the other parts of this Section 10 shall still apply. If the entirety of this Section 10 is found to be unenforceable, then the parties agree that the exclusive jurisdiction and venue described in Section 15 shall govern any action arising out of or related to these Terms, and that the remainder of the Terms will continue to apply.

1. Telephone communications and agreement to be contacted:
   1. Call Recording and Monitoring. You acknowledge that telephone calls to or from PKM & Associates, together with its agents and affiliates, may be monitored and recorded and you agree to such monitoring and recording.
   2. Providing Telephone Numbers and Other Contact Information. You verify that any contact information provided to PKM & Associates, including, but not limited to, your name, mailing address, email address, your residential or business telephone
      

number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or terminate your account at any time. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by replying STOP to any text message you receive from us, by calling us at (832) 913-5014 notifying us in writing by sending such notification via email

to [email protected]

1. Your Consent to Receive Automated Calls/Texts. You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive artificial voices, prerecorded voice messages, and/or autodialed calls and text messages (such as SMS, MMS, or successor protocols or technologies) from PKM & Associates, and third-parties acting on its behalf, related to promotions, your account, any application or transaction, and/or your relationship with PKM & Associates. You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree that PKM & Associates may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you or your representative at any time or obtained through other lawful means, such as skip tracing, caller ID capture, or other means. You agree to receive automated calls and text messages from PKM & Associates, even if you cancel your account or terminate your relationship with us, except if you opt-out (see below). You understand that you do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services or account creation. If you do not consent, you may call us at (832) 913-5014 or via email to [email protected] to further
   

inquire about our products and services. To opt-out, please see the Opt-Out Instructions below.

1. Opt-Out Instructions. Your consent to receive automated calls and texts is completely voluntary. You may opt-out at any time. To opt-out of text messages, reply STOP to any text message you receive from us. You may also text HELP for help. You acknowledge and agree to accept a final text message confirming your opt-out. We may use different shortcodes for different messaging purposes, so texting STOP to one shortcode will not effectuate a stop request for all shortcodes to which you are subscribed. If you would like to stop messages from multiple shortcodes, reply STOP to each shortcode to which you would like to unsubscribe. Alternatively, you may [email protected] advising that you want to opt out of text messages and specifying the phone number(s) for which that opt-out should apply To opt- out of automated voice calls (not text messages), you must (i) provide us with written notice revoking your consent to receiving automated calls; (ii) in that written notice, you must include your full name, mailing address, account number, and the specific phone number(s) for which you wish to stop automated calls; and (iii) send this written notice

to [email protected] . It is your sole responsibility to notify us if you no longer want to receive automated calls or text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated calls or text messages, we reserve the right to make non-automated calls to you. It is possible that third parties may have your contact information and you may continue to receive communications from these third parties despite an opt out request. We are not responsible for unwanted contact from third parties. Please contact third parties directly to inform them of your communication preferences.

1. Fees and Charges. There is no fee to receive automated telephone calls or text messages from PKM & Associate’s. However, you may incur a charge for these calls or text messages from your telephone carrier, which is your sole responsibility. Message and data rates may apply. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that PKM & Associates is not responsible for such charges.
2. Unauthorized Use of Your Telephone Device. You must notify PKM & Associates immediately of any breach of security or unauthorized use of your telephone device. Although PKM & Associates will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for our losses due to such unauthorized use.
3. Your Indemnification to Us. You agree to indemnify PKM & Associates for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, including claims relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your contact information, including telephone number. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liabilities, costs and expenses (including reasonable attorneys’ fees). We shall have the exclusive right to choose counsel, at your expense, to defend any such claims.
4. Release of Claims. In consideration of the services provided by PKM & Associates, you hereby release PKM & Associates from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms resulting from or relating to telephone calls or text messages, including without limitation any claims, causes of action, or lawsuits based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act,
   

or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).

General. You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service providers, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available with select carriers with compatible handsets. Your obligations under this Section will survive termination of these Terms of Service.

1. Text message Terms and Conditions:

By “Opting In” to or using a PKM & Associates Text Message Service (“SMS Service”), you accept these Terms and Conditions and agree to resolve disputes with PKM & Associates through binding arbitration (and with very limited exceptions, not in court), and you waive any right to participate in class actions, all as detailed in Section 10 entitled “Dispute Resolution by Binding Arbitration; Class Action Waivers” section PKM & Associates’ Terms of Use.

1. By opting In to PKM & Associates Text Message Service, you authorize and agree to allow PKM & Associates to use an autodialer or non-autodialer technology to send text message to the cell phone number associated with your Opt-In (i.e., the number listed on the Opt-In form or instructions, or, if none, the number form which you send the Opt-In, or, if none, the number on file for the account associated with your Opt-In). You authorize PKM & Associates to include marketing content in any such messages. You do not have to Opt-In or agree to Opt-In as a condition of purchase or service.
2. You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt-In.
3. After Opting-In, in addition to the main messages the service offers, you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm your Opt-In.You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the
   

SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

1. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at [email protected] or (832) 913-5014.
2. Carriers are not liable for delayed or undelivered messages
3. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive up to 15 messages/month. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

1. General Provisions:

Controlling Law and Jurisdiction. You agree that Texas law (without giving effect to its conflicts of law principles) will govern these Terms, the Site and the Services and that any dispute arising out of or relating to these Terms, the Site or the Services will be subject to the exclusive jurisdiction and venue of the federal and state courts in Harris County, Texas You acknowledge and agree that any violation of these Terms may cause PKM & Associates irreparable harm, and therefore agree that PKM & Associates will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that PKM & Associates may have for a breach of these Terms. These Terms, which you accept upon registration for the Services, the Privacy Policy located on the Site, and any applicable payment, renewal, additional services terms, comprise the entire agreement between you and PKM & Associates regarding the use of this Service, superseding any prior agreements between you and PKM & Associates related to your use of this Site or Services (including, but not limited to, any prior versions of this Terms). The FAQ’s found on the Services are for informational

purposes only and are not deemed to be part of this Terms. Unless otherwise explicitly stated, the Terms will survive termination of your registration to the Service. The failure of PKM & Associates to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is held invalid, the remainder of the Terms will continue in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.

1. Content:

All text, graphics, user interfaces, visual interfaces, photographs, trademarks (whether registered or not), logos, sounds, artwork of any kind, and computer code (collectively, “Content”), including but not limited to the design, structure, coordination, selection, appearance, and arrangement of the Content, contained on the Site is owned by PKM & Associates and is protected by trade dress, copyright, trademark, and other property laws and unfair competition laws. Any misuse of the Content will be at your peril and PKM & Associates will do all that is lawful to enforce and protect the Content.

1. Confidentiality:

We will take every reasonable precaution to protect your account and account information, however, we cannot guarantee the security of any information you disclose. This includes your sharing of account information with any third party, including employees, contractors, vendors, suppliers, etc. of your business. You agree and acknowledge that the security of your data is your responsibility.

Your use of the Services is further governed by our Privacy Policy.

1. Notification of Terms of Use Changes:

We may update these Terms of Use to reflect changes to our business operations and the methods by which we work with you, including changing vendors, and other policies relevant to our Services. If we make any material changes we will notify you by email (sent to the email address specified in your account) or by means of a notice on this Site. We encourage you to periodically review this page for the

latest information on our Terms of Use. When we make changes to these Terms of Use we will revise the revision date at the top of the Terms of Use.

1. Term and Termination:

This agreement will become effective upon your acceptance of the Terms by your use of the Site or Services and will remain in effect in perpetuity unless terminated hereunder. PKM & Associates may terminate your account at any time, for any reason or no reason, without explanation, effective upon written notice to the other party. PKM & Associates reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to refuse to remove your account information or data from our Services and any other records at any time to comply with legal and regulatory requirements. In the event your access to any of the Services is suspended due to the breach of these Terms, you agree that all fees then paid to PKM & Associates by you will be nonrefundable and all outstanding or pending payments will immediately be due. You may terminate your account by following the steps in the applicable section under “Cancellations.” Sections 10 and 11 shall survive any termination of this Agreement.