Welcome to Panjool. THIS AGREEMENT IS BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND PANJOOL (hereinafter “We”, “Our” or “Us”) GOVERNING YOUR USE OF PANJOOL.COM. Panjool.com websites and all corresponding mobile applications (collectively, the “Sites”) are comprised of various web pages and mobile applications operated by Panjool (“Panjool”). Panjool’s services include any application, service, and/or function, free or purchased, provided to users by the Panjool Sites (collectively, “Services”).
Parts of this Agreement.
This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to the use of individual Services (hereinafter the “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as the “Terms”. In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.
Acceptance of the Terms.
Panjool Sites and Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained here. Your use of the Sites and Services constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the Terms, do not use any of our Sites or Services.
Links to Third Party Sites/Third Party Services.
The Sites may contain links to other websites or applications (“Linked Sites”). The Linked Sites are not under the control of Panjool and Panjool is not responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Panjool is providing these links to you only as convenience, and the inclusion of any link does not imply endorsement by Panjool of the site or any association with its operators.
Certain Services made available via the Sites are delivered by third party sites and organizations. By using any product, service or functionality originating from the Sites, you hereby acknowledge and consent that Panjool may share such information and data with any third party with whom Panjool has a contractual relationship to provide the requested product, service or functionality on behalf of the Sites users and customers.
Third Party Accounts.
You will be able to connect your Panjool account to third party accounts. By connecting your Panjool account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
Personal Information and Your Account.
If you use our Sites and/or Services, you are responsible for maintaining the Confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and/or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Panjool is not responsible for third party access to your account that results from theft or misappropriation of your account. Panjool and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to firstname.lastname@example.org or by calling any of the numbers listed on http://panjool.com. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise. Panjool does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Sites only with permission of a parent or guardian.
Use of Communication Services.
The Sites may contain posting and bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; public, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner, falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.
Panjool has no obligation to monitor the Communication Services. However, Panjool reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Panjool reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Panjool reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Panjool’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Panjool does not control or endorse the content, message or information found in any Communication Service, and therefore, Panjool specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Panjool spokespersons, and their views do not necessarily reflect those of Panjool.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
All items posted on Panjool are subject to review and removal at the sole discretion of Panjool. The following items are prohibited from postings and all Communication Services and Electronic Communications on Panjool.com.
- Adult items
- Wildlife and other prohibited animals
- Artifacts, cultural heritage
- Credit, debit cards
- Drugs and drug paraphernalia
- Embargoed goods and goods from prohibited countries
- Items encouraging illegal activity
- Firearms, weapons and knives
- Expired food
- Government related items
- Government documents, IDs and licenses
- Hazardous restricted or regulated materials
- Human remains and body parts
- Lock picking devices
- Chance listings and drawings
- Mailing lists and personal information
- Medical drugs
- Personal relationships and services
- Police-related items
- Recalled items
- Slot machines
- Stock and other securities
- Stolen property
- Used cosmetics
Visiting the Sites, using the Services and sending emails through and to Panjool constitutes electronic communication. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via email and on the Sites, satisfy any legal requirement that such communications be in writing. The Services may include certain communications from Panjool, such as service announcements, administration messages and newsletters. You understand that there communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
All sales through Panjool are final.
If we receive a complaint from any person against you with respect to your activities as part of use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by use and copy Panjool in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your disclosure of your name and contact information by Panjool to the complainant.
Subscription to Beta Service.
We may offer certain Services as closed or open beta services (“Beta Service” or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Panjool will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
Modification of Terms of Service.
Panjool reserves the right, in its sole discretion, to change the Terms under which the Sites and Services are offered. The most current version of the Terms will supersede all previous versions. Panjool encourages you to periodically review the Terms to stay informed of our updates.
User Signup Obligations.
You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the signup process; and b) maintain and promptly update the information provided during signup to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Panjool has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Panjool may terminate your user account and refuse current or future use of any or all of the Services.
Organization Accounts and Administrators.
When you sign up for an account for your organization you are assumed to be an administrator. The administrators will have the right to configure the Services based on your organization’s requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your organization. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization account. You are responsible for a) ensuring confidentiality of your organization account password, b) appointing competent individuals as administrators for managing your organization account, and c) ensuring that all activities that occur in connection with your organization account comply with this Agreement. You understand that Panjool is not responsible for account administration and internal management of the Services for you. You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to email@example.com, provided that the process is acceptable to Panjool. In the absence of any specified administrator account recovery process, Panjool may provide control of an administrator account to an individual providing proof satisfactory to Panjool demonstrating authorization to act on behalf of the organization. You agree not to hold Panjool liable for the consequences of any action taken by Panjool in good faith in this regard.
You authorize Us to charge your account for Panjool fees in paid areas. Any tax in additional. Fees are non-refundable, even for posts We remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any posting in Our sole discretion.
This Service is controlled, operated and administered by Panjool from our offices within the United States of America. If you access the Service from a location outside of the United States of America, you are responsible for compliance with all local laws. You agree that you will not use the Panjool content accessed through the Sites in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Restrictions on Use.
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; (v) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (vi) use the Services in any manner that could damage, disable, overburden, impair or harm and server, network, computer system, resource of Panjool; (vii) violate any applicable local, state, national or international law; and (viii) create a false identity to mislead any person as to the identity or origin of any communication.
Materials Provided to the Sites or Posted on any Panjool Web Page.
Panjool does not claim ownership of the materials you provide to the Sites (including feedback and suggestions) or post, upload, input or submit to any Panjool Site or our associated services (collectively, “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Panjool, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No Compensation will be paid with respect to the use of your Submission, as provided herein. Panjool is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Panjool’s sole discretion.
Spamming and Illegal Activities.
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity. Please see Panjool’s Anti-Spam Policy below for more information.
This Anti-Spam Policy is applicable to all Panjool Sites, Products, and Services (any application, service, and/or function, free or purchased, provided to users by the Panjool Sites) that may be used for transmitting bulk emails, commercial emails, text messages and any other electronic communication (collectively, “Covered Services”). By using any of the Covered Services, users signify their unconditional acceptance of this Policy. If a user is found to be in violation of any part of this Policy, Panjool reserves the right in its sole discretion to suspend or terminate the user’s account at any time without prior notice or refund of any prepaid fees. Violation of any part of this Policy may require users to pay additional fees, as determined by Panjool in its sole discretion. Panjool reserves the right to pursue appropriate legal action for violation of any part of this Policy. It is the user’s responsibility to keep up-to-date with and comply with this Policy.
Panjool users certify that they will use the Covered Services only to send messages (including, without limitation, text messages and commercial emails) to customers and prospects that have directly consented and given express permission (opted-in) to receive electronic communication. It should be borne in mind that a permission once granted is deemed to have been revoked if the recipient of a mail has opted out of receiving emails from you.
Emails users send via Panjool must have a valid reply-to email address owned or managed by the user. Users shall provide a one-click unsubscribe option in all emails and refrain from sending any commercial electronic mail messages (as defined in the CAN-SPAM Act of 2003) to any recipient who has opted out, unsubscribed, or otherwise objected to receiving such message from you or another party on whose behalf you may be commissioned. The request to opt-out from the mailing list should be honored within 10 days from the date of request. Users shall also maintain sufficient proof of the fact that they have received permission from all recipients of emails sent by them through the Covered Services. For any opt-in list of email addresses or phone numbers used in Panjool’s system, users agree to provide us with the source of the addresses/numbers, the method used to opt-in, and details surrounding the process used, and whatever other information relates to the transaction or sign-up process used. This includes, but isn’t limited to, date and time of sign up (date and time stamps), IP address of signup, website signed up from, disclosures provided in connection with the sign up, manner of obtaining agreement, and whatever other information the user asked of the subscribers at point of sign up. Panjool retains the right, at any time, to review user lists, emails/text message and any or all other electronic communication information to verify that users are abiding by the privacy and permission policies set forth herein. Users must not include in their emails sent via Panjool any material that was not created by them or on their behalf by a third party, provided for them to use, or that would violate third party’s rights. This includes text, photos, graphics, and other content. Panjool prohibits its users from including false, misleading, deceptive, or fraudulent content in message headers, subject lines, or the content of the email. Users must not send email that will be delivered to recipients as text, SMS, or MMS messages unless using a feature of the Services designed for that purpose. If users intend on sending commercial emails, users should familiarize themselves with the CAN-SPAM Act, which outlines requirements under United States law for sending out such emails, and any other applicable anti-spam laws.
Panjool does not allow its users to use, import, or send any type of electronic communication messages to email addresses or phone numbers that they have bought, loaned, rented or in any way harvested or acquired from a third party, irrespective of any claim about quality or permission.
Furthermore, for email messages, Panjool offers confirmed opt-in mechanism as an optional tool for our users to help them minimize allegations of spam and abuse. When a list is designated as “confirmed opt-in,” Panjool’s system automatically sends a confirmation email message to each subscriber on such lists asking the recipient to verify that they wish to receive further email communications. Only those subscribers that clicked a special confirmation link inside the email will be opted-in to future mailings/messages sent via the Panjool system.
We additionally require that users reconfirm (permission pass) or stop mailing/messaging an existing list when it is determined to be in violation of our anti-spam policies. Repeated violation or failures to comply with any part of this Policy may result in termination or suspension of that user’s account and access to the Panjool system without notice or refund of prepaid fees, as determined by Panjool in its sole discretion. If an industry or government group creates a list of email address, telephone number of other addresses whose status has changed (such as email addresses added to a “do not contact” list or telephone numbers that have been assigned to a new user) Panjool reserves the right to block messages from being sent to those addresses/numbers. However, the responsibility for ensuring compliance with any obligation to refrain from sending messages to such addresses/numbers rests with our customers. Panjool shall not be liable either for blocking or for any failure to block messages to such addresses or phone numbers.
Unsubscribe from Electronic Communications.
Each email sent through the Panjool system contains an automatically generated link that allows subscribers to unsubscribe in an automated way from receiving future emails from the sender. You may also change your subscription details at any time. If you wish to unsubscribe or change your details, simply follow the instructions at the bottom of any received email. To unsubscribe from future SMS/TXT message send by our system, follow the instruction provided within the service or application. If that does not work, you may contact support at firstname.lastname@example.org.
Emails from Our System.
You should only receive commercial emails and text message sent through our system that you have agreed to and signed up to receive. Our users certify that all email addresses and phone numbers used in our system for text message or commercial emails are opt-in contacts for people who have given permission to send them emails, text messages and/or any other electronic communication. As we indicate above, Panjool does not allow nor desire that any user use our services to send unwanted text messages, commercial emails, or any type of spam. However, if you do not recognize who sent you the message, please see the next section.
If you don’t recognize a sender or electronic communication message sent to you through the Panjool system, you can report it to us as spam by forwarding it with full headers and a brief explanation as to why it is spam (or, in the case of a non-email message, by just sending an explanation) to email@example.com. We take all spam complaints seriously and receive, investigate, catalog, and take appropriate action for each complaint promptly.
Inactive User Accounts Policy.
We reserve the right to terminate user accounts that are inactive for a continuous period of twelve (12) months. In the event of such termination, all data associated with such user account may be deleted or stored without recourse. We will provide you prior notice of such termination. The Data Deletion/Retention Policy (see below) may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
Data Deletion/Retention Policy.
Panjool may retain all user information and data indefinitely, regardless of account or subscription payment status. In the case of account termination or deletion by Panjool or the user, all user information and data, with respect to any or all of the Services, may be deleted or stored for Panjool’s internal use and will not be accessible to the user.
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Panjool the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for Panjool’s commercial, marketing or any similar purpose. But you grant Panjool permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.
User Generated Content.
You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as they case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that Panjool will have the right to block access to or remove such content made available by you if Panjool receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by Panjool for this purpose. For procedure relating to complaints of illegality or infringement of third party rights in content transmitted or published using the Services, please email firstname.lastname@example.org. If you wish to protest any blocking or removal of content by Panjool, you may do so in the manner provided here.
Sample Files and Application.
Panjool may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. Panjool makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the samples files and applications.
No Unlawful or Prohibited Use/Intellectual Property.
Panjool, Panjool logo, the names of individual Services, and their logos are trademarks of Panjool. You agree not to display or use, in any manner, the Panjool trademarks, without Panjool’s prior written consent. All content included as part of the Service, such as text, graphics, logos, images, as well as compilation thereof, and any software used on the Sites, is the property of Panjool or its suppliers and protected by copyright, trademark and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Sites. Panjool content is not for resale. You use of the Sites do not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Panjool and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses express or implied, to the intellectual property of Panjool or our licensors except as expressly authorized by these Terms.
Disclaimer of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. PANJOOL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KING, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PANJOOL MAKES NOT WARRANTY THAT THEY SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PANJOOL, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PANJOOL AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
PANJOOL AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PANJOOL AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
You agree to indemnify, defend and hold harmless Panjool, its officers, directors, employees, agents, suppliers, affiliates and third parties from and against any losses, costs, liabilities, damages, fines and expenses (including reasonable attorney’s fees and costs) relating to or arising out of your use of or inability to use the Site or Services (except where such use is authorized by Panjool), any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Panjool 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 even you will fully cooperate with Panjool in asserting any available defenses.
In the event the parties are not able to resolve any dispute or claim between them arising out of or concerning the Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties. All arbitrations shall be conducted in the state of Maryland. Any such dispute or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any dispute or claim of any other party. The decision of the arbitrator shall be final and unappealable, and judgement on the arbitration award may be entered into any court having jurisdiction thereof. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns there Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a results of these Terms and Conditions, whether directly or indirectly, including tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions. Notwithstanding anything to the contrary, Panjool may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
Class Action Waiver.
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class; representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer 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.
Panjool reserves the right, in its sole discretion, to terminate your access to the Site and the related Services or any portion thereof at any time, without notice. We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to email@example.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty (30) days. We will also terminate your user account on your request. In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. You have the right to terminate your user account if Panjool breaches its obligations under these Terms and in such event, you will be entitled to prorated refund of any prepaid fees. Termination of user accounts will include denial of user access to all Services, and Panjool reserves the right in its sole discretion to delete or store all user information and data for internal use. Please see the Data Delete/Retention Policy for more information. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Maryland and you hereby consent to the exclusive jurisdiction and venue of courts in Maryland in all disputes arising out of or relating to the use of the Site and/or Services. Use of the Site and Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Panjool as a result of this agreement or use of the Site. Panjool’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Panjool’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Panjool with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the use and Panjool with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Panjool with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
If you have any questions or concerns regarding this Agreement or the Terms, please contact us at firstname.lastname@example.org.