1. Customer's Acknowledgment and Acceptance of Terms
BY USING THE RATEPANDA SITE AND SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL OTHER APPLICABLE DOCUMENTS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, PLEASE EXIT THIS SITE NOW. IF YOU ARE DISSATISFIED WITH THE RATEPANDA WEBSITE OR ITS SERVICES, YOU MAY STOP USING THE SITE AND/OR THE PARTICULAR SERVICES. YOUR AGREEMENT TO THESE TERMS OF SERVICE BECOMES IMMEDIATELY EFFECTIVE UPON YOUR CONTINUED USE OF THE SITE AND/OR SERVICES.
2. Services Offered by RatePanda
RatePanda offers a fully hosted reviews platform. You are solely responsible for providing any equipment necessary for access or use of the services, including a computer, modem, and Internet access - including any expenses.
RatePanda reserves the sole right to modify or discontinue any part of the site or services, at any time, with or without notice. We reserve the right to cancel, suspend, and terminate any account without refund for failure to comply with the Agreement. We will not be held liable to you or any third party should we exercise this right.
3. Registration, Personal Information, and Privacy
All Customers of RatePanda must submit personal information during registration via the Order Form. This information includes your First and Last name, Email Address, Address, City, State/Region, Zip Code, Country, Phone Number, and Password ("Registration Information"). It is a requirement that the Registration Information is complete, accurate, and current at all times.
4. Customer Payments
The total amount of the purchase price shall be made payable in full to RatePanda on or before the package due date. Any payments that remain unpaid after 30 days (720 hours) are subject to account suspension making the software admin area inaccessible. During an account suspension visitors may still submit negative reviews (disputes) or positive reviews.
Failure to pay the full purchase price 60 days after the due date will result in the irreversible and unrecoverable termination of the account and deletion of all reviews and data submitted. RatePanda may then redistribute any resources previously allotted to the terminated account.
5. Account Cancellation
The Customer may choose to cancel his or her account for any reason or no reason. All cancellation requests must be sent officially via the Client Area. We may require additional information to confirm the cancellation request.
Upon cancellation of an account, invoices for it will no longer be generated. After the cancellation is confirmed, RatePAnda reserves the right to immediately terminate the account. No reviews or data will be provided once an account has been cancelled.
The Customer agrees that RatePanda does not provide pro-rated refunds for cancellation. Any and all fees associated with the account will not be refunded.
All payments made to RatePanda are strictly non-refundable. This includes setup fees and monthly account fees, regardless of usage. All billing disputes must be reported within thirty (30) days of the time that the dispute occurs.
Chargebacks (via PayPal or any credit card company) initiated by the Customer are against the Agreement and are subject to termination of the account.
RatePanda provides visitor access to an interactive Live Chat and Support Ticket system. Use of any of these services is subject to all applicable laws and regulations, and it is your sole responsibility for any information or use of these services.
Through use of these services, the Customer agrees not to post any kind of content or data is that unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of one's privacy, or contains any form of sexually explicit content. You agree that you will not post anything that infringes on any patent trademark, trade secret, copyright, or proprietary right of any party. You also agree that you will not use any RatePanda service to attempt to spread software viruses or any form of computer code, files, or programs that are designed with intent to damage, disrupt, or limit the functioning of any software or hardware or attempt any to gain unauthorized access to data or information owned by RatePanda or any third parties.
RatePanda does not endorse nor assume liability for the contents of any message or data submitted or uploaded to the site by a user or third party. RatePanda reserves the right to comply with appropriate law enforcement in regards to any illegal submissions.
When communicating with a RatePanda staff member, either via email, phone, or other service offered on the RatePanda web site, the Customer agrees to remain civil, courteous, and respectful and to exhibit decent manners at all time. Failure to comply with these rules constitutes harassment and is grounds for immediate cancellation and termination of all RatePanda accounts, services, and access. RatePanda reserves the right to limit or fully disable your access to the Live Chat system, Message Boards, and the rest of the site at its own discretion.
8. Access to Services and International Use
RatePanda reserves the right to limit access to any services provided to anyone, at its sole discretion. RatePanda will make no representation that its services will be available to clients located outside of the United States of America. Any access or use of the site must be in compliance with local laws. Any products or services offered by RatePanda are void where prohibited.
9. Disclaimer of Warranties
ALL RATEPANDA SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS ONLY. RATEPANDA MAKES NO WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. RATEPANDA MAKES NO WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, NOR REMAIN UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES AND OTHER HARMFUL COMPONENTS. WE ARE NOT LIABLE, AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER WE APPEAR TO PROVIDE THESE THIRD PARTY SERVICES. NO WARRANTIES MADE BY THESE THIRD PARTIES SHALL BE PASSED THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD PARTY BENEFICIARY OF SUCH WARRANTIES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IF THIS CASE IS APPLICABLE TO YOU, YOUR WARRANTY IS LIMITED TO 90 DAYS FROM THE EFFECTIVE DATE.
10. Limitation of Liability
IN NO EVENT SHALL RATEPANDA BE HELD LIABLE TO YOU OR ANY THIRD PARTIES FOR HARM CAUSED DIRECTLY OR INDIRECTLY TO THE SERVICES, OR YOUR, OR A THIRD PARTY'S, INABILITY TO UTILIZE THE SERVICES, UNLESS IT IS CAUSED BY OUR SOLE AND EXCLUSIVE GROSS NEGLIGENCE. WE WILL NOT BE HELD LIABLE FOR ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS. WE ARE NOT LIABLE TO YOU OR ANY THIRD PARTIES FOR LOST PROFITS, WHETHER DIRECT OR INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, OR DAMAGES OF ANY KIND. THIS PARAGRAPH SHALL APPLY WHETHER OR NOT SUCH POTENTIAL LIABILITY WAS KNOWN TO US, OR SHOULD HAVE BEEN KNOWN. OUR MAXIMUM AGGREGATE LIABILITY FOR ANY CLAIM MADE PURSUANT TO, BASED ON THE SERVICES, THIRD PARTY VENDORS, OR UNDER ANY THEORY OF LAW, IS THE AMOUNT PAID BY YOU FOR THE SERVICES FOR THE MONTH PRIOR TO THE OCCURRENCE OF THE EVENT OR THE EVENTS GIVING RISE TO THE CLAIM.
You agree to indemnify and hold RatePanda, and its employees, officers, agents, co-branders or other partners, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of use of any RatePanda service, connection to the RatePanda service, the violation of these notices, terms of service and the Agreement, or the violation of any rights of another.
12. Termination of Use
You agree that RatePanda may, at its sole discretion, terminate or suspend access to all or part of the site or your account with or without notice for any and no reason, including, without limitation, breach of the Agreement. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension of your account, regardless of the reasons therefore, your right to use the services on this site will immediately cease. You acknowledge and agree that your account may be deactivated and deleted, along with all associated information and files, and you nor any third parties will have no further access to such files or this site. We shall not be held liable for any claims or damages arising out of any termination or suspension or any other actions taking by us in connection with such termination or suspension.
13. Governing Law
The Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to choice of law or conflicts of law provisions that would cause the application of the law of another jurisdiction.
14. No Agency
This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.
15. Effective Date
These Terms of Service are effective as of May 1, 2014. We expressly reserve the right to modify these Term of Service and the Agreement from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and the Agreement from time to time and familiarize yourself with any modifications. Your continued use of the RatePanda site and services constitutes acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.