Pandexio Terms of Service
Updated May 24, 2018
If you believe that any content or activity on the Site violates any of these Terms, please e-mail firstname.lastname@example.org immediately. In addition, if you have any comments or feedback about another user or anyone else, please reach out to email@example.com. Pandexio reserves the right to refuse service to anyone at any time without notice for any reason.
i. A "user" is anyone who accesses, browses, crawls, scrapes, or in any way uses the Site. The terms "you" and "your" refer to you, as a user of the Site. The terms "we", "us", and "Pandexio" refer to Pandexio, Inc. "Terms" or "Terms of Service" refer to the terms contained in this Agreement. "User" will be used to describe the person who logs into the Pandexio web application, or has logged into the Pandexio web application previously and interacts with content associated with the Pandexio web application. "Visitor" will be used to describe the person who visits Pandexio, or who views content or contributes to content associated with the Pandexio web application (whether on the Pandexio domain or other domains where Pandexio content may appear). or visits the Pandexio web application work for Clients on this Site. A “Deliverable” includes any work product created by a user or visitor, including but not limited to snips, comments, points and associated metadata.
ii. "Content" means text, images, photos, audio, video, and all other forms of data or communication. "Your Content" means Content that you submit, post, or transmit to, or are using on, the Site, such as documents, web page content, snips, snip comments, points, ratings, reviews, information that you display as part of your account profile, invitations, or other commentary that you may submit, post, or transmit to, or are using on, the Site. Your Content does not include the information that you submit in order to create an account on the Site. "User Content" means Content that users submit, post, or transmit to, or using, the Site. "Pandexio Content" means Content that is created by Pandexio and made available on the Site. "Third Party Content" means Content that is made available on the Site by parties other than Pandexio or the users, such as data providers that license data for use on the Site. "Site Content" means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content, and Pandexio Content.
4. Right of Modification
Pandexio reserves the right to change, revise or modify the Terms (including fees) or any of the related Agreements at any time by posting the amended terms on the Site. All amended terms shall automatically be effective upon posting. Your continued use of the Service will signify your acceptance of the revised Terms or related Agreement, as the case may be. If you do not accept the revised terms, your sole and exclusive remedy is to discontinue using the Service. The latest Terms and related Agreements will be posted on the Site, and you should always review them prior to using the Site. Pandexio reserves the right, in its sole discretion, to modify or discontinue the Services, for any reason, without notice.
5. User Accounts
As a "user", you represent that you are authorized to create and access an account. Through the user process, you will establish a user name and password for access to your online account, or you may authorize a third party Open Auth service such as LinkedIn, Facebook or Google to facilitate access to Pandexio. You are responsible for maintaining the confidentiality of your user name, account data and password within Pandexio as well as any third party Open Auth service you utilize.
You agree to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active Pandexio accounts. You agree that you are solely responsible for all acts or omissions that occur under your account or password, including the content of your account as used throughout the Service. You will immediately notify Pandexio of any unauthorized use of your password or account.
You are prohibited from soliciting users of this Site for any purpose (including inviting other users to contact you outside the Site or inviting User to participate in a competing website) except with advance written consent. Without limiting any other remedies, Pandexio may suspend or terminate your account if we suspect, in our sole judgment, that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site or have engaged in activities in violation of these Terms or any related Agreements with Pandexio.
6. Restrictions on Use
You agree that you will not:
i. use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment or defrauding of another person, or otherwise interfere with another user's use of the Site;
ii. use the Site to transmit or post spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
iii. use the Site for promotional or commercial purposes, except as expressly permitted by Pandexio;
iv. use the Site in a manner that may create a conflict of interest, such as soliciting shill reviews;
v. use the Site for keyword spamming or to otherwise attempt to manipulate search results;
vi. use the Site to promote bigotry or discrimination against protected classes;
vii. use the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
viii. use the Site to transmit or post pornography or illegal content;
ix. use the Site to solicit personal information from minors or to harm or threaten to cause harm to minors;
x. use the Site in violation of the Terms or any applicable law;
xi. modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by Pandexio;
xii. reverse engineer any portion of the Site, except as may be permitted under the law;
xiii. remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site;
xiv. record, process, or mine information about other users;
xv. use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Site or any Site Content;
xvi. access, retrieve or index the Site to construct or populate a searchable database of business;
xvii. reformat or frame any portion of the Site;
xviii. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on Pandexio's technology infrastructure;
xix. attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses"); use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site; or
xx. use the Site to consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation.
7. Copyright Infringement and DMCA Policy
If you believe that material located on or linked to by Pandexio violates your copyright, you are encouraged to notify Pandexio in accordance with Pandexio’s Digital Millennium Copyright Act (“DMCA”) Policy. Pandexio will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Pandexio will terminate a visitor’s access to and use of Pandexio if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Pandexio or others. In the case of such termination, Pandexio will have no obligation to provide a refund of any amounts previously paid to Pandexio.
8. Pandexio is a Venue; Release
Pandexio acts as a venue to allow Users to interact with each other. EMERGENCY QUESTIONS AND CRISIS SITUATIONS (particularly regarding medical or mental health) should be directed immediately by telephone or in-person to qualified professionals. Pandexio is not the appropriate venue to deal with emergency or crisis situations. In addition, we are not involved in the actual conversation between Users and other Users or Visitors. Pandexio does not edit, modify, filter, screen, or otherwise monitor the content of questions, projects, submissions, Deliverables, profiles, qualifications or comments or have any obligation to monitor the content. As a result, we have no control over the quality, safety or legality of the deliverables, the truth or accuracy of the Deliverables, the ability of Users to provide quality Deliverables. Because we are a venue, in the event that you have a dispute with one or more users, you release Pandexio (and our officers, directors, agents, parents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code ¤1542, which says: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR".
9. Identity Verification
We rely on third-party identity providers to verify the credentials of Users who utilize the Site using industry-standard protocols like OpenID Connect. However, because user verification on the Internet is difficult, Pandexio cannot and does not confirm each user's purported identity and may not be held liable or responsible for any damages sustained or incurred by you due to any User’s or Visitor’s, negligent or intentional concealment of his, her or its proper identity.
i. Dissatisfaction. If you are dissatisfied with the Site, please let us know by providing feedback to the customer support team through designated feedback areas of the site or sending comments to firstname.lastname@example.org. Your input is valuable to us. Your only other remedy with respect to any dissatisfaction with (i) the Site, (ii) the Terms, (iii) any policy or practice of Pandexio in operating the Site, or (iv) any content or information transmitted through the Site, is to terminate your usage of the Site and close your account.
ii. Suggestions and Improvements. By sending us any ideas, suggestions, documents and/or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
12. Information Control and Storage
We do not control the information provided by Users or Visitors made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and Pandexio is not responsible for the acts or omissions of Users or Visitors on the Site.
You further hereby agree that Pandexio is not responsible or liable for the deletion or failure to store information.
13. Exclusion of Warranties
PANDEXIO SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. PANDEXIO DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PANDEXIO DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED SITE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. UNDER NO CIRCUMSTANCES WILL PANDEXIO BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, FROM THIRD PARTIES (SUCH AS VISITORS OR OTHERS) OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE.
14. Limitation of Liabilities
IN NO EVENT SHALL WE, OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify, defend and hold Pandexio, any and all parent, subsidiary, or affiliate organizations, officers, agents and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party that are in any way due to or arising out of your use of or conduct on the Site or Service. Pandexio shall provide you reasonable notice of such claim.
16. Termination or Suspension of Service
If you wish to terminate your service, you may do so by furnishing us with written notice of your decision. Your notification must be sent via e-mail to email@example.com. Cancellations will be effective within 7 business days. All debts and fees must be paid before cancellation can take effect.
We reserve the right to terminate your service at any time without cause or notice. In addition, we reserve the right to suspend your account indefinitely if we suspect any fraudulent or inappropriate activity is being conducted through the use of the Site (such as, for example, unauthorized use of a credit card) and such suspension will remain in effect until we are satisfied in our sole judgment that such activity is not occurring. Pandexio shall have no obligation to maintain any content in your account.
Pandexio reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.
Termination does not affect your liability or obligations under this Agreement.
17. No Endorsement of Non-Pandexio Entity ; No Relationship with Users
Pandexio may endeavor to offer to its users products and services offered by non-Pandexio entities. Placement of information, logos, links or names of such non-Pandexio entities on the Pandexio site does not constitute an endorsement or warranty of these entities, their products or services. Users take full responsibility for a decision to visit or patronize any such entity and hold Pandexio harmless from any liability arising from such actions. You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and Pandexio or between any User and other Users or Visitors and Pandexio by formation of this Agreement (or any of the Related Agreements) or by your participation on the site.
IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM ANY USER, VISITOR OR THIRD PARTIES, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT. THE MATERIALS AND CONTENT PROVIDED BY PANDEXIO AND ITS PROVIDERS ARE NOT INTENDED TO AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. REGISTRATION OR ENROLLMENT FOR THE SERVICE AND ACCEPTANCE OF A NEW ACCOUNT DOES NOT CREATE A PROFESSIONAL-CLIENT RELATIONSHIP AND ARE NOT THE SUBJECT OF PRIVILEGE AND CONFIDENTIALITY STANDARDS ASSOCIATED THEREWITH.
18. Proprietary Rights of Content
You acknowledge and agree that Pandexio owns the rights to its products and services and all content displayed on websites utilizing the pandexio.com or pandex.io domains. You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by Pandexio, Pandexio users, or Pandexio Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software for commercial purposes. For permission to use third party materials appearing on Pandexio , please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through Pandexio . The posting of information or materials on Pandexio does not constitute a waiver of any right in such information and materials.
19. Press Release Information
Pandexio may contain information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
20. Disputes, Assignment, and Governing Law
These Terms and the related Agreements constitute the complete and exclusive statement of the Agreement between you and us. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of this Agreement. If there is a conflict between an oral representation of any Pandexio employee or agent and the terms of this Agreement, the terms of this Agreement will prevail. To the extent that anything in or associated with Pandexio is in conflict or inconsistent with this Agreement, the terms of this Agreement will prevail.
If any provision(s) of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. You and Pandexio agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. You may not assign this Agreement or any rights hereunder to any other party. Pandexio shall not be deemed to have waived any of our rights or remedies unless such waiver is in writing and signed by us. No delay or omission on the part of Pandexio in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance.
This Agreement shall be governed by, and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. Each party using Pandexio agrees to the exclusive jurisdiction of the courts of the State of California, and agrees that venue for any action resulting from this Agreement or the use of our Services shall be in Los Angeles County, California and waives any and all jurisdictional, venue or inconvenient forum objections.
21. Contact and Violations
Please contact us with any questions regarding the Terms. Please report any violations of the Terms to our legal department through the contacts page or firstname.lastname@example.org.
Pandexio, Smartsnips and the corresponding logos are proprietary service marks of Pandexio, Inc.