This Agreement contains the complete terms and conditions that govern the use of the Company’s website(s) (“Website” or “Websites” or “Site”). BY CLICKING THE “AGREE AND ACCEPT” BUTTON BELOW OR BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS WEBSITE, OR OTHER COMPANY SOFTWARE, SERVICES, WEBSITES, OR CONTENT (COLLECTIVELY THE “SERVICES”), YOU AGREE THAT BOTH YOU AND ANY ENTITY OR AGENCY, GOVERNMENTAL OR OTHERWISE, THAT YOU REPRESENT OR ACCESS THE SERVICES ON BEHALF OR AT THE INSTRUCTION OF, HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE. COMPANY RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT COMPANY’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE OR THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
COMPANY RESERVES THE RIGHT, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT AT COMPANY’S DISCRETION. YOUR CONTINUED USE OF ANY PART OF THE WEBSITES OR ANY SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES TO THIS AGREEMENT. YOU SHOULD REVIEW THIS AGREEMENT PERIODICALLY TO DETERMINE IF ANY CHANGES HAVE BEEN MADE. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO https://panosoft.com/terms-of-use/
2. ACCESS TO THIS SITE. To access this Site, Site resources, links or other content, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide will be correct, current, and complete. If Company believes the information you provide is not correct, current, or complete, Company has the right to deny access to this Site, or to any of its resources, and to terminate or suspend your access at any time.
2.1. Subscription. Your subscription to Company’s Websites is subject to the membership plan as detailed on the invoice sent to you by Company and will automatically renew until terminated. Company may offer a number of membership plans, including special promotional plans. To access this Site, Site resources, links or other content, you must have internet access, a device capable of running the Company Websites, and provide Company with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time.
2.2. Billing and Cancellation.
2.2.1. Billing. The subscription fee for the use of Company’s Websites or any other charge you may incur in connection with your use of the Websites or service contained therein, such as taxes and possible transaction fees, will be charged on an annual basis to your Payment Method on or around the anniversary of the Effective Date until your subscription is cancelled. Subscription fees are fully earned upon payment. In the event that you provide a Payment Method that is declined or no longer available to Company for payment of your subscription fee, you shall remain responsible for any uncollected amounts. If payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, Company may suspend your access to the service until Company have successfully charged a valid Payment Method.
2.2.2. Cancellation. You may cancel your Company subscription at any time, and you will continue to have access to the Company Websites through the end of your annual billing period. Company does not provide refunds or credits unless expressly authorized by a Company representative. To cancel, contact your Company representative and follow the instructions provided.
- APPLICABLE USE OF SITE. All Users must abide by this Agreement. If a User fails to follow any of the terms or conditions of this Agreement or any other applicable guidelines and/or rules of behavior, Company can immediately suspend and/or discontinue your ability to use the Site. In addition, Company has the right to delete any piece of content or material, comment, as well as any topic or profile that the Website finds objectionable, in its sole reasonable discretion. You alone are totally responsible for any activity that takes place on the Company’s Websites under your Website account. If you become aware of any unauthorized use of your username and/or password, it is your responsibility to notify the Company immediately. It is up to you to maintain the confidentiality of your password and username.
- NO UNLAWFUL ACCESS. You agree that you will not use Company’s Websites in any manner that could in any way disable, overburden, damage, or impair the Websites or otherwise interfere with any other party’s use and enjoyment of the Websites. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through the authorized use of the Websites.
- USE LIMITATION. You agree not to, without the express prior written consent of Company: (a) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Content or any service provided by the Site that you do not own, (b) use the Content or any services provided by the Site that you do not own, or (c) provide access to the Content or any service provided by the Site that you do not own.
- PROPRIETARY INFORMATION. All content found on the Company Websites (the “Content”) is considered the copyrighted and trademarked intellectual property of Company, or of the party that created and/or licensed the Content to Company. No rights or title to any of the Content contained on any Company Website shall be considered transferred or assigned to the User at any time. Subject to all applicable laws, you agree that you will not copy, distribute, republish, modify, create derivative works of, or otherwise use the Content in any unauthorized way, without the prior written consent of Company in each instance, except that you may print out and/or save one copy of your Content.
- SUBMISSIONS. As a User, you may be able to upload and post a great variety of content, including but not limited to text, audio, video, photographs, graphics, and other materials (“Content”). This means that you have sole responsibility, and not the Company, for all Content that you upload, post, email, transmit, or otherwise make available through the Case Management Services, and to make sure that you are in compliance with the proper Use of the Case Management Services as set forth in Section 10 of the Agreement relating to such Content. Any Content that you write, post, upload, or link to on a Company Website is entirely your responsibility. The Company shall have no liability of any kind with respect to any Content posted by you or other Users through the Case Management Services. You agree that you must assess and bear all risks associated with your use of any Content. In this regard, you may not rely on any Content created by other Users or otherwise created, distributed, and displayed on any part of the Case Management Services. The Website does not control or monitor the Content posted via the Case Management Services and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You hereby grant Company a perpetual, world-wide, royalty free, license to use your Content to the extent necessary to provide the Case Management Services. In using your Content in providing the Case Management Services to you, Company will take reasonable efforts to keep all Content confidential.
- THIRD-PARTY WEBSITES. The Website may provide, or other parties including Website Users may provide, links to other World-Wide Websites or resources which are not maintained by, or related to, the Website. Links to such sites are provided as a service to our Users and are not sponsored by, endorsed, or otherwise affiliated with the Website or the Company. The Website has no control over these sites and any content thereon and makes no representations or warranties about the content, completeness, quality or accuracy of any such third-party website. Therefore, you acknowledge and agree that the Website is not responsible for the availability of such links, and that the Website and the Company do not endorse and are not responsible or liable for any content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that the Website and the Company are not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by or in relation to the use of any content, goods, or services offered through these links or any failures and/or disruption to your computer system that may result from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links. YOU AGREE THAT IF THE WEBSITE REQUESTS YOU TO DISABLE ANY LINK YOU HAVE POSTED, AND IF YOU FAIL TO DO SO WITHIN 24 HOURS AFTER RECEIVING THE REQUEST TO DISABLE, THE WEBSITE HAS THE RIGHT TO DISABLE THE LINK WITHOUT ANY FURTHER NOTICE TO YOU.
- USE OF COMPANY SERVICES. Company’s Websites may contain data storage and collection forms, data organization materials, case management materials, forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Case Management Services”). You agree to use the Case Management Services only to post, send, and receive content and messages that are considered proper and related to the particular Case Management Service. Among other actions, when using a Case Management Service, you agree that you will not post, send, submit, publish, or transmit in connection with this Site, or cause to be posted, sent, submitted, published or transmitted, any material that:
(i) you do not have the right to post, including without limitation any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);
(ii) advocates or could reasonably serve to encourage, either directly or indirectly, any illegal or immoral activity, or discusses an intent to commit an illegal act or violate any law, rule, or regulation;
(iii) is vulgar, obscene, pornographic, incendiary, or indecent;
(iv) threatens or abuses others;
(v) is libelous or defamatory towards others;
(vi) is racist, abusive, harassing, threatening or offensive;
(vii) seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;
(viii) harvests or otherwise collects information about others, including e-mail addresses, financial information or other personally identifying information, without their prior express consent in each instance;
(ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;
(x) falsifies or deletes 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 permissibly uploaded (e.g., copyright, trademark or patent notices);
(xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
(xii) solicits funds, advertisers or sponsors for any purpose;
(xiii) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications device;
(xiv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way which affects the ability of other people to engage in real-time activities via this Site;
(xv) amounts to a pyramid or other like scheme, including without limitation contests, chain letters, and surveys;
(xvi) disobeys any policy or regulations including any code of conduct or other guidelines established from time to time regarding the use of this Site and/or any networks connected to this Site; or
(xvii) contains hyperlinks to other sites that contain content that falls within the scope of this Section.
You acknowledge that any materials uploaded to the Case Management Service may be subject to posted limits on use, reproduction, and/or dissemination, and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action made by Company or such third party with respect to any submission.
You acknowledge that the Website may or may not pre-screen materials uploaded to the Case Management Service or Site, yet the Website and its designees shall have the right, but not the obligation, in its sole discretion, to pre-screen, refuse, remove, or delete any Content that violates this Agreement or is otherwise objectionable as determined by the Website in its sole discretion.
The Website reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Case Management Services (or any part thereof) with or without notice. You agree that the Website will not be liable to you or any third party for any modification, suspension, or discontinuance of the Case Management Services.
WHILE THE WEBSITE EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT, AND THAT YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK, AND THAT THE WEBSITE SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.
YOU UNDERSTAND AND AGREE THAT IF YOUR USE OF CASE MANAGEMENT SERVICES VIOLATES ANY OF THE ABOVE CODES OF CONDUCT, THE WEBSITE CAN SUSPEND AND/OR TERMINATE YOUR USE OF THE WEBSITE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF, OR HEARING.
- DISCLOSURE UNDER LAW. Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request. Company may preserve and store your account information and Content if it believes in good faith that such preservation is necessary to comply with legal processes, respond to claims that the Content violates the rights of third parties, or to protect the rights, property or personal safety of the Website, its Users or the public.
- DISCLAIMER & LIMITATIONS ON LIABILITY. You understand that Company cannot and does not guarantee or warrant that files available for downloading from the Company Websites will be free of viruses, worms, Trojan horses, or other code that may cause damage or harm to your computer(s) or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s) and network(s), and that you will maintain adequate means of backup of your personal data, external to this Website. Company further disclaims any responsibility to ensure that the Content located on its Websites is necessarily complete and up-to-date.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS”, “AS AVAILABLE, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON ANY COMPANY WEBSITE 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. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORSEEABLE.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE. ALL CLAIMS MADE BY YOU HEREUNDER MUST BE MADE WITHIN ONE YEAR OF THE ACTION TO WHICH SUCH CLAIM RELATES OR FOREVER BE BARRED.
- TRADEMARKS AND COPYRIGHTS. Trademarks, service marks, logos, trade names, and copyrighted works (hereinafter, “Intellectual Property”) appearing on this Site are the property of Company or the party that provided the Intellectual Property to Company. Company and any party that provides Intellectual Property to Company retain all rights with respect to any of their respective Intellectual Property appearing in this Site and do not transfer at any time to user and/or any other third party. All contents of Company’s Websites are: Copyright © 2018 Panoramic VetPro, Inc.
- COPYRIGHT INFRINGEMENT. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company’s copyright agent (as designated herein) all of the written information specified below. Please note that this procedure is exclusively for notifying Company and its affiliates that your copyrighted material has been infringed. Please include the following:
— An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
— A description of the copyrighted work that you claim has been infringed upon;
— A description of where the material that you claim is infringing is located on the Site, including the current Website address;
— Your address, telephone number, and e-mail address;
— A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, and/or the law;
— A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Company’s Copyright Agent for notice of claims of copyright infringement on its Websites can be reached as follows:
Office of General Counsel Panosoft Systems Attn: Copyright Agent,
170 West Tasman Drive, San Jose, CA 95134
BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN, AND AGREE TO HOLD COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.
- You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or use of Company’s Websites.
- The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Company must be in writing and signed by an authorized representative of the Company.
- The section titles in the Agreement are for convenience only and have no legal or contractual effect.
Please report any violations of this Agreement to the Company firstname.lastname@example.org If you have any questions regarding this Agreement, please contact us at email@example.com .