Welcome to Panamplify! We are a marketing campaign automation and reporting platform exclusively made for helping you save time for your company’s social media analytics! Before using Panamplify, please take some time to carefully read our Terms of Service below (“Terms,” Terms of Service,” or “Agreement”). The Terms below constitutes a binding contract between you and Panamplify.
1. Acceptance of Terms
Subject to these Terms, you agree to access and use the Services only for your internal business purposes as contemplated by these Terms. In order to use the Service, you are required to register for our Services for which you will pay a subscription fee for use of the Services. The subscription fee, must be prepaid in order to use the Services
2. The Panamplify Services
Summary of Service: Marketing Campaign Automation and Reporting Services
In addition to the Site and the Application, the Services may also include basic or expanded services based on the subscription plan purchased. Panamplify does its very best to make the Services available are as detailed in the applicable Subscription plan, except for: (a) planned downtime, or (b) any unavailability caused by circumstances beyond Our reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, or technical failures beyond Our control.
Eligibility to Use the Services
You agree to use the Services only for lawful purposes, and that you are responsible for your use of the Services and communications with us, all of which must comply with these Terms. You agree not to use the Services in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Site.
You represent and warrant to Panamplify that: (i) you are at least 18 years or age or older; (ii) all registration information you submit is accurate and truthful; (iii) you will maintain the accuracy of such information, and (iv) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (v) will not violate any rights of Panamplify, including intellectual property rights such as copyright or trademark rights; and (vi) agree to provide at your cost all equipment, software, and internet access necessary to use the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
Panamplify may, at its sole discretion, change these Terms from time to time. If changes to the Terms occur, we will notify you by posting the updated terms on the site or by email. It is your responsibility to check the Terms periodically for changes. Updated versions of the Terms will never apply retroactively and the updated Terms will give the exact date they go into effect. Your continued use of the Services following the posting of any changes to the Terms means you accept those new terms. Therefore, you should review these Terms prior to each use. In addition, some services offered through the Service may be subject to additional terms and conditions adopted by Panamplify. Your use of those services means you agree to be subject to those additional terms and conditions, which are incorporated into these Terms by this reference.
Registering Your Panamplify Account
You may view Content (as further defined below) on the Services without registering for an Account, but as a condition of using certain aspects of the Services, including automation services and reporting, you are required to create an Account using an email address (“User ID”) and password. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your Account.
You are solely responsible for activity that occurs on your Account and shall be responsible for maintaining the confidentiality of your password for the Site. You shall never use another User Account without the other User’s express permission. If you discover any unauthorized use of your Account, or other known account-related security breach, you must report it to support@Panamplify.com immediately.
You agree and acknowledge that your login may only be used by one (1) person, and that you will not share a single login among multiple people. You may create separate logins for as many people as your plan allows. You agree that you will not sell, trade or otherwise transfer your login or account to another party and that you will not, unless otherwise specifically agreed to in writing by Panamplify, charge anyone for access to any portion of the Services, or any information therein. You agree that you are responsible for anything that happens through your account until you cancel your subscription and close your account or prove that your account security was compromised due to no fault of your own.
Panamplify may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in those jurisdictions.
Panamplify cannot and will not be liable for any loss or damage arising from your failure to comply with this section. Regardless of whether you create an Account, you are still subject to the terms and conditions set forth in these Terms covering the delivery of the Services.
Availability of the Site
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, Site access may be interrupted, suspended or terminated. You further understand that there may be interruptions in service or events on third-party sites, including, but not limited to, Facebook, Twitter, etc., that will affect your use of the Service (defined below) and that are beyond our control to prevent or correct. Interruptions in the Service that are beyond our control shall not serve as a basis to terminate your subscription or demand a full or partial refund of any prepaid fees.
Promotional Discounts and Incentives
From time to time, Panamplify may provide you with promotional discounts – for example, as an incentive to use Panamplify Services, to establish a Panamplify Account or to refer others to sign up with Panamplify. Such promotional programs will be governed by their own terms and conditions which will be presented at the time of such promotions. Unless otherwise provided in the promotional terms, promotional discounts are non-transferrable, cannot be redeemed for cash, and have an expiration date of one (1) year from the date of issue.
3. Rules and Conduct
As a condition of use, you promise not to use the Services for any purpose that is prohibited by the Terms or law. You are responsible for all of your activity in connection with the Service.
You understand and agree that you will not use the Services to engage in the prohibited conduct below:
1. You shall not use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control.
2. You agree not to license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, or otherwise commercially exploit or make the Services available to any third party, other than as expressly permitted by the Terms;
3. You shall not use the Services to Submit Content, or use as a User ID or any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, pornographic or obscene.
4. You shall not post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights.
5. You shall not attempt to use any method to gain unauthorized access to any paid features of the Services;
6. You shall not directly or indirectly: (i) decipher, decompile, remove, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Services; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
7. You shall not, and shall not permit any third party using your account to, take any action, or Submit Content, that constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters; contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of Panamplify or any third party; or that impersonates any person or entity, including any employee or representative of Panamplify. Additionally, you shall not take any action that imposes or may impose (as determined by Panamplify in its sole discretion) an unreasonable or disproportionately large load on Panamplify’s or its third-party providers’ infrastructure; interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; bypass any measures Panamplify may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); run Maillist, Listserv, or any form of auto-responder or “spam” on the Service; or use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
If for any reason Panamplify determines that you have failed to follow these rules, we reserve the right to terminate or suspend your Account, and prohibit any and all current or future use of the Site (or any portion thereof), the Panamplify App, and/or the Services by you. If we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.
Billing and Payments
Unless otherwise agreed to in writing by Panamplify, the Services are made available on a pay-as-you-go basis and is charged at the start of your elected subscription term (“Subscription Period”). If you do not provide your credit card or other payment information to Panamplify before the expiration of any applicable free trial period, your account will be suspended until payment information and charge authorization are provided. You will be promptly billed and, if applicable, any trial period will terminate. Thereafter, your subscription will renew automatically based on your plan’s renewal cycle. The Services provide an interface for the account owner to change credit card information.
Modifying Your Subscription
If you choose to upgrade your plan or number of users during the Subscription Period, any incremental cost will be prorated over the remaining term of the Subscription Period and charged to your account. Subsequently, you will be charged the adjusted rate on your next billing cycle. If your payments for the Services are made by credit card, your credit card will be billed the prorated charge at the time your account is modified. Regardless of your billing cycle, there are no refunds or credits for partial months of Service, plan downgrades, or refunds for unused time if you close your account before the end of your Subscription Period. Downgrading your plan level may cause the loss of content, features, or capacity of your Account and Panamplify does not accept any liability for such loss.
Authorization to Charge Your Credit Card
By becoming a subscriber of the Services and submitting your credit card information to Panamplify, you authorize Panamplify to store your payment card information and to charge the billing source you have provided for your account according to the subscription plan you selected until your account is terminated.
If you fail to pay your subscription fee on time, or if your credit card payment information is entered in error or does not go through for processing and you do not update payment information upon our request, your entire subscription may be suspended or cancelled. Even after your subscription is suspended or cancelled, you will still have access to the Site, and you will be able to access your account information to restore your access to the Services by providing a proper billing source. After your subscription is terminated, we will keep your current account settings on file for 90 days. After that time, Panamplify reserves the right to remove such settings from our servers with NO liability or notice to you.
Unless otherwise stated, our charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying Taxes except those assessable against Panamplify based on its income. We will invoice you for such Taxes if we believe we have a legal obligation to do so.
5. Termination of Usage
You may cancel your Account at any time; however, unless Panamplify is in breach of this Agreement and does not cure said breach within thirty (30) days of receiving written notice from you of an actual breach, identifying specifically the nature of the breach, you are not entitled to any refunds. We may suspend or cancel your Account without notice or refund to you if you violate this Agreement. If your account is cancelled, Panamplify reserves the right to remove your Account information along with any Account settings from our servers with NO liability or notice to you. Once your account information and account settings are removed, you will not be able to recover this data and you will lose access to all of your content (except that content stored/published to third-party websites, that data will remain on said third-party websites pursuant to those website’s terms and conditions). If you cancel the Services before the end of your current paid-up subscription period, your cancellation will take effect immediately and you will not be charged again.
You acknowledge and understand that these Terms survive termination of your Account, including our rights regarding any content you submitted to the website before your Account was terminated. Following termination of your Account, however, your license to use Panamplify Content automatically terminates, and Panamplify has no obligation to provide you with use of the Site. All provisions of the Terms of Service that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability .
Panamplify reserves the right to change, suspend, or discontinue the Services (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. You agree that Panamplify shall not be liable to your or to any third party for any modification, suspension, or discontinuation of the Services. Panamplify may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
6. Third-Party Sites
The Services may permit you to link to other websites or resources on the internet. Links on the Services to third party websites, if any, are provided only as a convenience to you. If you use these links, you will leave the Services. The inclusion on another website of any link to the Services does not imply control of, endorsement by, or affiliation with Panamplify. Your dealings with third parties through links to such third party websites are solely between you and such third parties. You agree that Panamplify will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from the Services, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. Panamplify expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website or application.
Without limiting the foregoing, your correspondence or business dealings with, participation in promotions of or purchases from, third parties found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Panamplify shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
The Services contain features that enable various Third-party services (such as Facebook, Twitter, and Instagram) to be integrated into your Panamplify account. To access these features, you will be required to register for or log into such Third-party Services on their respective websites or provide information through the Services for us to do so. By enabling third party services within the Services, you are allowing Panamplify to use your log-in information to access these third-party services for this purpose.
7. Panamplify Intellectual Property
Each of us shall maintain all rights, title and interest in and to all our respective patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”). The rights granted to you to use the Service under these Terms do not convey any additional rights in the Service, or in any Intellectual Property Rights associated therewith.
You own the information you provide Panamplify or input on third-party websites through the Service. You grant Panamplify a nonexclusive, revocable, worldwide, perpetual, unlimited fully paid up and royalty-free right to us to use copy, prepare derivative works of, distribute, publish, remove, retain, add, process, or analyze the foregoing described information for the sole purpose of providing you the Service. By providing information to us or to third-parties through the Service, you represent and warrant that You are entitled to and authorized to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights.
Panamplify shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Service or otherwise use any suggestions, enhancement requests, recommendations or other feedback (“Feedback”) we receive from you. Panamplify’s name and logos used or displayed on the Services are registered or unregistered trademarks of Panamplify (collectively, “Marks”), and you may only use such Marks to identify yourself as a customer and user of the Service; provided you do not attempt, now or in the future, to claim any rights in the Marks, degrade the distinctiveness of the Marks, or use the Marks to disparage or misrepresent Panamplify, its services or products.
All rights, title and interest in and to the Service and its components, including all related intellectual property rights, will remain with and belong exclusively to Panamplify and its third-party vendors.
Upon subscribing to the Service and upon the condition that you comply with all of your obligations under this Agreement, Panamplify grants you a non-exclusive, non-transferable, revocable license to access and use the Service (for the particular subscription purchased) and the Site, solely for legally permitted activities related to our Services as outlined in these Terms.
8. Claims of Copyright Infringement
Panamplify complies with the Digital Millennium Copyright Act (DMCA). Panamplify will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Panamplify's Copyright Agent by email at support@Panamplify.com or by mail to Panamplify, Inc., ATTN: Copyright 1601 ELM ST., 33RD FL. Dallas, TX 75201. Please do not send notices or inquiries about anything other than alleged copyright infringement or other intellectual property claims to our Agent for Notice. Your email must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):
· an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
· information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
· a description of the copyrighted work that you claim has been infringed;
· a description of where the material that you claim is infringing is located on the Site, sufficient for Panamplify to locate the material; your address, telephone number, and email address;
· a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
· a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
If you fail to comply with these notice requirements, your notification may not be valid. Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
In accordance with the Digital Millennium Copyright Act, Panamplify has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. Panamplify also may terminate User accounts even based on a single infringement.
9. Data Privacy
In providing you the Services we shall maintain appropriate administrative, physical and technical safeguards to protect the security, confidentiality and integrity of your data and the personal data of your end-users. These safeguards include encryption of your data in transmission (using SSL or similar technologies), except for external third party integrations that do not support encryption, which you may link to the Services at your choice. We agree to promptly notify you in the event that Panamplify learns or has reason to believe that any person or entity has breached our measures, or gained unauthorized access to your data (“Information Security Breach”). Upon any such discovery, we will: (a) investigate, and mitigate the effects of the Information Security Breach, (b) use our best efforts to ensure that such Information Security Breach will not recur, and (c) assist you in remediation of the Information Security Breach. We shall use commercially reasonable efforts to promptly and properly deal with inquiries and requests from you in relation to the processing of your data.
10. Warranty Disclaimer
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, PANAMPLIFY AND ITS AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, "PANAMPLIFY") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND PERTAINING TO THE SERVICES AND THE MATERIALS HEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABILITY, USE REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. PANAMPLIFY MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR FREE OF VIRUSES OR BUGS, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS IN OR ON THE SERVICES WILL BE CORRECTED. ANY MATERIAL, CONTENT, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED AND/OR USED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, CONTENT OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PANAMPLIFY PARTIES OR ON OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
PANAMPLIFY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE.
Electronic Communications Privacy Act Notice (18 USC §2701-2711): PANAMPLIFY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICES OR ANY WEBSITE LINKED TO THE SERVICES. Panamplify will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Panamplify’s equipment, transmitted over networks accessed by the Services, or otherwise connected with your use of the Services.
11. Limitation of Liability
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN NO EVENT SHALL PANAMPLIFY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED U.S. DOLLARS ($100.00). SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, PANAMPLIFY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
12. Dispute Resolution and Arbitration
It is Panamplify’s goal that the Services meet your expectations and live up to our promises to you. However, there may be instances when you feel that Panamplify has not fulfilled its obligations or you may have a different type of problem or dispute that needs special attention. In those instances, Panamplify is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with Panamplify, you acknowledge and agree that you will first give Panamplify an opportunity to resolve your problem or dispute. In order to initiate this dispute resolution process, you must first send us a written description of your problem or dispute within thirty (30) days of the Services being performed by sending an email to: support@Panamplify.com or by mail to Panamplify 1601 ELM ST., 33RD FL. Dallas, TX 75201.
You then agree to negotiate with Panamplify in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after Panamplify's receipt of your written description of it, you agree to the further dispute resolution provisions below.
Mutual Agreement to Arbitrate
YOU AND PANAMPLIFY AGREE THAT WE WILL RESOLVE ANY CLAIM OR CONTROVERSY AT LAW OR EQUITY THAT ARISES OUT OF OR RELATES TO THESE TERMS OR THE SERVICES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. You agree that, except as expressly set forth below, the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of the Services and these Terms, shall be final and binding arbitration, except to the extent that either party has, in any manner infringed upon or violated or threatened to infringe upon or violate the rights of either party or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case both sides acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by either party and/or the applicable third party(ies). You and we acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision).
Arbitration under these Terms of Service shall be conducted by the rules and procedures of the American Arbitration Association (the "AAA"). The AAA rules are available at www.adr.org or by calling 1-800-778-7879. The party requesting relief may choose to resolve the dispute through binding non-appearance based arbitration in which the arbitration will be conducted in one or more of the following manners at the option of the party initiating arbitration: telephone, online, or written submissions. The arbitration will not involve any personal appearances by the parties or witnesses unless otherwise agreed by the parties.
Regardless of the size of the claim, you and we agree to pay our own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees and expenses. As a limited exception to the mutual agreement to arbitrate, you and we agree that either party may take claims to small claims court, if the claims qualify for hearing by such court.
You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.
The Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with Panamplify's prior written consent. Any assignment in violation of this section shall be null and void. Panamplify may assign, transfer, or delegate any of its rights and obligations hereunder without consent.
14. Relationship of Parties
No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and neither party has any authority of any kind to bind the other in any respect.
15. Attorneys’ Fees
In any action or proceeding to enforce rights under the Terms, the prevailing party will be entitled to recover costs and attorneys' fees.
16. Notice Policy and Your Consent
Under these Terms you are contracting with Panamplify, Inc., a Delaware corporation.
Notice should be addressed to Panamplify, Inc. 1601 ELM ST., 33RD FL. Dallas, TX 75201
For the avoidance of doubt, we are entering into this Agreement as principal and not as agent for any other Panamplify company. Subject to any permitted assignment, the obligations owed by us under this Agreement shall be owed to you solely by us and the obligations owed by you under this Agreement shall be owed solely to us.
We may give notice by means of a general notice on the Site, App, electronic mail to your email address in your Account, text message, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or text). You may give notice to us, with such notice deemed given when received by us, at any time by first class mail or pre-paid post to the address set forth above or at such other address as we may advise from time to time, pursuant to this provision.
17. Export Control
Your use of Services, including the Panamplify software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any Service or Software to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
18. Geographic Limits of Service
Panamplify makes no representation that materials contained on the Site or Mobile Application or products described or offered on or via the Site or Mobile Application are appropriate or available for use in jurisdictions outside the United States, or that these Terms comply with the laws of any other country. Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws. You agree that you will not access the Services from any territory where the contents are illegal, and that you, and not Panamplify Parties, are responsible for compliance with applicable local laws.
Panamplify reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Services to any person, geographic area, or jurisdiction we so desire.
19. Governing Law
Except for the Arbitration Agreement set forth under Dispute Resolution and Arbitration, which is governed by the Federal Arbitration Act, these Terms of Service (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of Texas and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods.
You agree that Panamplify and its Services are deemed a passive website that does not give rise to personal jurisdiction over Panamplify or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of Texas. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in Dallas County in the State of Texas and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
20. Integration and Severability
These Terms and other referenced material constitutes the entire agreement between you and Panamplify with respect to the Services, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings (whether oral, written or electronic) between you and Panamplify with respect to the Services and govern the future relationship. If a court in any final, unappealable proceeding holds any provision of these Terms or its application to any person or circumstance invalid, illegal or unenforceable, the remainder of these Terms, shall not be affected, and shall be valid, legal and enforceable to the fullest extent permitted by law.
Sections 1, 4, 5, 7, 10, 11, 12, 13, 14, 17, 19, 20, and 22 will survive any termination of these Terms.
22. No Waiver
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
23. State Specific Terms
There may be additional state specific rights and obligations relating to the provision of the Services. Such rights and obligations shall supersede any terms to the contrary otherwise contained in these Terms.
If you have any questions regarding these Terms, please contact us at support@Panamplify.com or by mail at the address below:
Attention: Panamplify Customer Service
1601 ELM ST., 33RD FL.
Dallas, TX 75201