PANTON TERMS OF SERVICE
1. Introduction
Thank you for visiting Panton. Please read these Terms of
Service and our Privacy Policy carefully, as you must agree to both documents in order to have permission to use our Service.
2. Definitions
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; “Panton” refers to our company, known as “Panton, Inc.”; 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.pantoninc.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 Panton.
3. Eligibility
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, Panton, 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 Panton 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 Panton; 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 Panton 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 Panton into disrepute or violate the rights of any person.
6. Transactions
Unless otherwise stated, all prices published
by Panton or otherwise communicated to you by us are denominated in United
States dollars. Panton 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
Panton 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.
9. Trademarks
“PANTON 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, Panton, Inc., 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 info@pantoninc.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
practicable.
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 info@pantoninc.com 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.
14. Indemnity
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
trial.
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.
18. Severability
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, Panton shall have the sole right to elect which provision remains in
force.
19. Non-Waiver
Panton 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.
22. Amendments
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 Panton Reports
Acknowledgements: You acknowledge that the Copyrighted Materials
are copyrighted and belong to Panton, and the receipt and sufficiency of good
and valuable consideration for being bound by this Copyright Notice and Terms
and Conditions.
Limited License: Panton 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. Panton 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: Panton (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 Panton
(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 Panton 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 Panton 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.
Panton Report: Reproduction or Redistribution of this report and
of any Panton’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 Panton 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
www.pantoninc.com
9800 Centre Parkway #605
Houston, TEXAS 77035
United States
info@pantoninc.com
281-750-1148, 281-750-2523 or 713-589-6850