PanatrackerST Terms and Conditions of Use
Last updated: August 14, 2018
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the PanatrackerST website and the PanatrackerST mobile or desktop applications (together, or individually, the “Service”) operated by Panatrack, Inc. (“Panatrack”, “us”, “we”, or “our”).
This is a contract between you (the Customer) and us (Panatrack). It describes the services we will provide to you, how we plan to work together, and other important aspects of our business relationship. If you are accepting these Terms on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer or such entity to these Terms; (ii) you have read and understand these Terms; and (iii) you agree to these Terms on behalf of the party that you represent. If you don’t have the legal authority to bind your employer or the applicable entity please do not click “I agree” (or a similar button or checkbox) that is presented to you.
PLEASE NOTE THAT IF YOU SIGN UP FOR A CLOUD PRODUCT USING AN EMAIL ADDRESS FROM YOUR EMPLOYER OR ANOTHER ENTITY, THEN (A) YOU WILL BE DEEMED TO REPRESENT SUCH PARTY, (B) YOUR CLICK TO ACCEPT WILL BIND YOUR EMPLOYER OR THAT ENTITY TO THESE TERMS, AND (C) THE WORD “YOU” IN THESE TERMS WILL REFER TO YOUR EMPLOYER OR THAT ENTITY.
These Terms are effective as of the date you first use or access the Service (the “Effective Date”). These Terms do not have to be signed in order to be binding. You indicate your assent to these Terms at the time you register for a Cloud Product, create a Cloud Product account, or place an Order. For No-Charge Products, you also indicate your assent to these Terms by accessing or using the applicable No-Charge Product.
Your access to, and use of, the Service is conditioned upon your acceptance of, and compliance, with these Terms, so we’ve tried to make these Terms as readable as possible. These Terms apply to all users, visitors and others who wish to access or use the Service.
We periodically update these Terms. If you have an active subscription with us, we will let you know about these updates via an email or an in-app notification.
By accessing or using the Service you agree to be bound by these terms. If you disagree with any part of the terms, then you do not have permission to access the Service.
By creating an Account on our service, you agree to subscribe to informational newsletters, marketing or promotional materials and other information we may send in order to keep you informed. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
Certain features of the Service may be billed on a per-transaction basis or usage threshold, depending on the type of subscription plan and options you select when purchasing a Subscription. We may bill these services more frequently.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Panatrack cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Panatrack’s customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Panatrack with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Panatrack to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Panatrack will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Panatrack in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Panatrack will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Our Service allows you to store, post, link, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service.
Panatrack has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Panatrack or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Panatrack and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Panatrack.
Use of Our On-Premise Software Components
If your use of our Service includes the installation of Panatrack’s software on your premises, or hosted by a third-party for your use, you may not publish, distribute, license, rent, lease, lend, remarket, resell or otherwise commercially exploit the Service for the benefit of any organization other that you. You may not create derivative works based on the Service, nor may you modify, adapt, reverse engineer, decompile, disassemble, nor attempt to discover or create the source code for any of our components. You are responsible for protecting our components and secrets.
Use of Third-Party Software Components or Hardware
Your use of our Service may make use of third-party software or hardware, such as label design and printing tools, reporting and analysis tools, barcode scanners, label printers, and any other software or hardware not manufactured by Panatrack. This third-party software or hardware will be governed by the manufacturer’s own service terms, license terms, warranties and support policies. Panatrack makes no representations or warranties regarding these products. It is the Customer’s responsibility to ensure they comply with the terms and conditions required by these third-parties.
“Consulting Services” means the professional services provided to you by us, which may include training services, installation, integration or other services to enable you to gain the highest value from our products.
You may purchase Consulting Services from Panatrack. Unless we otherwise agree, these services will be delivered in English. Fees for these Consulting Services are in addition to your Subscription Fee. If you purchase Consulting Services that recur, they will be considered part of your subscription and will renew accordingly.
Consulting Services are typically performed remotely unless you and we otherwise agree. We might provide some elements of the Consulting Services through a third party.
For Consulting Services performed on-site, you will reimburse us our reasonable costs for all expenses incurred in connection with the Consulting Services. Invoices and other requests for reimbursements will be due and payable within thirty (30) days of the date of the invoice. Consulting Services are non-refundable.
If you have an active Subscription then phone, email and in-app support is included at no additional cost. Phone support for these Subscriptions are available during weekdays from 8am to 5pm, excluding United States Holidays. We accept email and in-app support questions 24 hours per day, seven days per week. Email and in-app responses may be limited to our phone support hours. We attempt to respond and resolve your questions or problems within 8 business hours. In practice, our resolutions generally even faster, but we cannot guarantee any specific response time.
While it is our intention to impress you with our amazing support, our support it limited to the subscribed Services. Our support team cannot assist with your computing devices, scanners, printers, media, network, or third-party software. However, we may be able to provide you with such help though our Consulting Services team for a reasonable fee, but we are not required to do so. We may be forced to limit or deny your access to support if we have determined, with reasonable discretion, that you are misusing our support or abusing our team.
Links to Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Panatrack.
Panatrack has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Panatrack shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Panatrack and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation of Liability
In no event shall Panatrack nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Panatrack, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Wisconsin, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.