ABC LLC TERMS OF SERVICE
Thank you for visiting ABC LLC. Please read these Terms of
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical: “Agreement” refers to these Terms of Service; “ABC” refers to our company, known as “ABC LLC”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used; “Service” refers to the services that we provide through our Site, including our drone job marketplace and our Site itself; “Site” refers to our website, www.aerialbenchmark.com, any of its subdomains such as but not limited to roof.pantoninc.com, and our mobile application. “User” refers to anyone who uses our Service, including general visitors to our Site; “You” refers to you, the person who is entering into this Agreement with ABC.
In order to use our Service, you must meet a number of conditions, including but not limited to: You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, ABC, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service. You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age. You must not be signing up on behalf of a natural person other than yourself. You must, if signing up on behalf of a person other than a natural person, be authorized by that person to bind it to this Agreement, and you hereby agree that you are binding both that person and yourself to this Agreement, and that both that person and yourself shall be jointly and severally liable to ABC for any breaches of this Agreement. You must provide us with personal information, payment information, and other information that we deem necessary to ide you with our Service. You must properly report all income and contracts as required to the Internal Revenue Service and any other governmental entity that may require it.
5. Rules of Use
You must not violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country; post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of ABC; infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party; hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the ABC Site, Service, or its Users’ computers; operate a drone without authorization, or where it is unauthorized to do so (for example, by operating it without a license where a license is required to do so, or by operating it in restricted or prohibited airspace); do anything else which could bring ABC into disrepute or violate the rights of any person.
Unless otherwise stated, all prices published by ABC or otherwise communicated to you by us are denominated in United States dollars. ABC will communicate the terms of a transaction to you and you agree that such terms are hereby incorporated into this Agreement by reference.
7. Our Copyright
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.
8. Your Copyright
ABC must be assured that it has the right to use the content that is posted to its Site by its Users. Such content may include, but is not limited to, photographs, videos, text, audio, and other materials. Whenever submitting content to our Site, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
“ABC and PI” is a service mark registered with the United States Patent and Trademark Office under Serial Number 86-050,739 and 86-050,739 and used by us, ABC LLC, to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing website or business.
10. Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
11. Copyright & Trademark Infringement
We take copyright infringement very seriously, and we have
registered a Copyright Agent with the United States Copyright Office pursuant
to the Digital Millennium Copyright Act. If you believe that your copyright has
been infringed, please send us a message which contains your name; the name of
the party whose copyright has been infringed, if different from your name; the
name and description of the work that is being infringed; the location on our
website of the infringing copy; a statement that you have a good faith belief
that use of the copyrighted work described above is not authorized by the
copyright owner (or by a third-party who is legally entitled to do so on behalf
of the copyright owner) and is not otherwise permitted by law; and a statement
that you swear, under penalty of perjury, that the information contained in
this notification is accurate and that you are the copyright owner or have an
exclusive right in law to bring infringement proceedings with respect to its
use. You must sign this notification electronically and send it to our
Copyright Agent at email@example.com. Although U.S. law does not provide for a
similar procedure for trademark infringement, we recommend that you send us
similar information to that above in regards to any
allegation of trademark infringement, and we will address it as soon as
12. Communications Decency Act
Similar to the DMCA provisions above, United States law—specifically Section 230 of the Communications Decency Act—creates a defense for us for the actions of third parties in regards to any defamatory content posted on our Site. Although we are not liable for defamatory words posted on our Site by our Users even if given notice, we do prohibit defamation under this Agreement and we may, if we believe the situation warrants it, take action against the offending User. Please notify us at firstname.lastname@example.org if any of our Users have posted anything that you believe is defamatory.
13. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS. YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU. YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY. THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION. For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future. IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “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." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by
you or any third party which may arise from or relate to this Agreement or the
provision of our Service to you, including any damages caused by your use of
our Site or acceptance of the offers contained on it. You also agree that you
have a duty to defend us against such claims and we may require you to pay for
an attorney(s) of our choice in such cases. You agree that this indemnity
extends to requiring you to pay for our reasonable attorneys’ fees, court
costs, and disbursements. In the event of a claim such as one described in this
paragraph, we may elect to settle with the party/parties making the claim, and
you shall be liable for the damages as though we had proceeded with a
15. Choice of Law
This Agreement shall be governed by the laws in force in the State of Texas. The offer and acceptance of this contract are deemed to have occurred in the State of Texas.
16. Forum of Dispute
You agree that any dispute arising from or relating to this
Agreement will be heard solely by a court of competent jurisdiction in the
State of Texas. Specifically, where the subject matter of a dispute is eligible
for it, you agree that any disputes shall be heard solely within the Justice
Courts of the State of Texas (“Justice Courts”). If a dispute claims multiple
claims and one or more of those claims would be eligible to be heard by the
Justice Court, you agree not to bring the other claims against us and to
instead proceed within the Justice Court. If you would be entitled in a dispute
to an amount exceeding the monetary jurisdiction of the Justice Court, you
agree to waive your right to collect any damages in excess of
the monetary jurisdiction and instead still bring your claim within the Justice
Court. You agree that if a dispute is eligible to be heard in Justice Court but you would be entitled to an additional or
alternative remedy in a higher court, such as injunctive relief, you will waive
your right to that remedy and still bring the dispute within the Justice Court.
If you bring a dispute in a manner other than in accordance with this section,
you agree that we may move to have it dismissed, and that you will be responsible
for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating
to this Agreement will be responsible for the reimbursement of the successful
party’s reasonable attorneys’ fees, court costs, and disbursements.
17. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, ABC shall have the sole right to elect which provision remains in force.
ABC reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
20. Termination & Cancellation
We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever. Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.
21. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page accordingly. You must read this page each time that you use our Service, and your continued use of our Service shall constitute your acceptance of any such amendments.
23. Terms and Conditions for ABC Reports
Acknowledgements: You acknowledge that the Copyrighted Materials are copyrighted and belong to ABC, and the receipt and sufficiency of good and valuable consideration for being bound by this Copyright Notice and Terms and Conditions.
Limited License: ABC hereby grants to you a non-exclusive, non-transferable license to use the Copyrighted Materials accompanying this Copyright Notice, subject to the following restrictions: You agree to use the Copyrighted Materials for internal use only, and not to reproduce or redistribute the Copyrighted Materials outside of your company. Accordingly, you may copy the Copyrighted Materials only as necessary for your internal use to (i) view on your company’s computers, (ii) save a single copy on your company’s computer hard drive or disk, (iii) print it, and (iv) transfer it to a portable computer device, provided that you do not remove any copyright notices that appear and do not modify the Copyrighted Materials in any way. You may not otherwise reproduce, copy, modify, transfer or distribute the Copyrighted Materials in any form, for any purpose.
No Warranty: The Copyrighted Materials are provided to you “as is,” and you agree to use it at your own risk. ABC makes no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from the Copyrighted Materials.
Disclaimer of Liability: ABC (including its licensees, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives) shall not be liable to you in respect to any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action, alleging any loss, injury or damages, direct or indirect, which may result from the use or possession of the Copyrighted Materials, or for any loss of profit, revenue, contracts or savings, or any other direct, indirect, incidental, special or consequential damages arising out of your use or inability to use the Copyrighted Materials, any defect or error in the Copyrighted Materials, or any breach of the Copyright Notice or Terms and Conditions, whether in an action in contract or tort or based on a warranty. In the event of an error in this report, your sole remedy will be a refund of the fees paid by you to obtain this report.
Indemnity: You agree to indemnify, defend and hold ABC (including its licensees, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives) free and harmless from and against any liability, loss, injury, demand, action, cost, expense, or claim of any kind or character, arising out of or in connection with any use or possession by you of the Copyrighted Materials.
Entire Agreement: The Copyright Notice and Terms and Conditions constitute the entire agreement between ABC and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.
Governing Law: The above Copyright Notice and Terms and Conditions shall be governed by the laws of the State of Texas and laws of the United States. You agree to submit to the jurisdiction of the State of Texas for any and all disputes, claims and actions arising from or in connection with the Copyrighted Materials provided to you hereunder, or arising from or in connection with the Copyright Notice and Terms and Conditions.
Termination: Your limited license to use the Copyrighted Materials will terminate automatically without notice from ABC if you fail to comply with any provision of this Copyright Notice and Terms and Conditions. Upon termination of the Limited License, you shall destroy all electronic copies and destroy or return any written copies of the Copyrighted Materials, including all copies and modified copies made thereof, if any.
Binding Effect: This Copyright Notice and Terms and Conditions shall be binding on you and your agents, parents, subsidiaries, related companies, affiliates, successors, assigns, and each of their respective officers, directors, employees, shareholders, agents and representatives, and all others acting by, through, or with their direction or in privity with each of them.
ABC Report: Reproduction or Redistribution of this report and of any ABC’s reports and Materials (hereinafter “Copyrighted Materials”) beyond what is expressly granted in these Terms and Conditions is strictly prohibited. Ownership of these documents and data remains with ABC and a license to use these documents and data is provided to the Requestor subject to the following Terms and Conditions. By placing an order for this report and receiving the report, you agree to the following Terms and Conditions. If you do not agree to these Terms and Conditions, you may not make use of this report and must delete all files that contain this report and destroy all paper copies.
22. Contact Information
9800 Centre Parkway #605
Houston, TEXAS 77035