Terms of Service
(Adventures are inherently dangerous, duh!)
This web page represents a legal document and is the Terms of Service (Agreement) for our website, www.Panorak.com (Website), as owned and operated by Panorak Adventure Network, LLC (Panorak). It was last updated on March 11, 2011.
This Agreement is between you and Panorak and is governed by the Electronic Signatures in Global and National Commerce Act (ESIGN Act).
Acceptance of Agreement
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Content, and Service provided therein.
Eligibility and Registration for Membership
You may view some of our Content without becoming a Member of our Website. However, to use our Service, you must register with our Website and become a Member. Your membership is not transferable or assignable and is void where prohibited. You may only register for one account with our Service. Our Service is intended solely for people at least age 18 years of age or older, depending on your state’s age of majority for entering into binding contracts. Any attempt to create multiple account registrations or registration by anyone under 18, is unauthorized, unlicensed and in violation of this Terms of Service. If you use the Site on behalf of a company, entity, or organization, you must be an authorized representative with the authority to bind it to the Terms of Service (which authority you hereby exercise). Panorak has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration, with or without explanation. When you complete the registration process, you will select a password that will allow you to access our Service. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any authorized sue of your password or any other breach of security. You agree that Panorak cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
You hereby acknowledge that nothing contained in our Website, Content, Or Service shall constitute a warranty or guarantee with regards to advice provided by Panorak or any of our members. You hereby acknowledge that we use best efforts to provide you with accurate information, but many factors, including, but not limited to, Member age and skill levels, weather conditions, changes in terrain, and misreporting by Members, make any such guarantee or warranty impossible. You hereby acknowledge that no professional relationship of any kind is created between you and Panorak or our Members. Our Website is for entertainment and informational purposes ONLY. You hereby agree that any actions you take, including, but not limited to, traveling to sites or attempting adventure activities, based in whole or in part on anything contained in our Website, Content, or Service, are solely your responsibility and that Panorak and our Members have no liability for your actions or reliance upon our Website, Content, or Service.
Advertisers and Sponsors Disclaimer
Member Conduct and Content Guidelines
If any Member Content is reported to Panorak as being offensive or appropriate, we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by Panorak. Should the Member fail to meet such a request, Panorak has full authority to either restrict the Member’s ability to post Member Content OR to immediately terminate the membership of the Member, without further notification to the Member. Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or is otherwise objectionable in our sole discretion.
Members are responsible for complying with all applicable laws for their content, including copyright and trademark laws. Members shall always respect copyright and trademark laws. You warrant that you will not use our Service to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members who we deem, in our sole discretion, to be infringers of other’s intellectual property rights.
- violates any local, state, federal, or international laws.
- infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable.
- links directly or indirectly to any materials to which you do not have a right to link.
- contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, government issued tax or identification numbers and credit card numbers.
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Service.
- contains any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- you do not have a right to transmit under any law (i.e. intellectual property laws) or under contractual or fiduciary relationships (i.e. non-disclosure Agreements).
- in the sole judgment of Panorak, is objectionable or which restricts or inhibits any other person from using or enjoying our Website or Service, or which may expose Panorak, our affiliates, or our Users to any harm or liability of any type.
2) Use our Content to:
- develop a competing website or help anyone else to do the same.
- create compilations or derivative works as defined under United States copyright laws.
- re-distribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.
- decompile, disassemble or reverse engineer our Website, Service, and any related software.
- use our Website or Service in any manner that violates this Agreement or any local, state, federal, or international laws.
3) Use your Member account to:
- allow another person access to your account.
- violate any local, state, federal, or international laws.
Digital Millennium Copyright Act Compliance
Our Website will respond quickly to claims of copyright infringement as found in our Content, according to the terms of the United States’ Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, fax, or email that contains the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- 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 our Website;
- 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, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.
Use of Information and Member Content
The opinions expressed on our Website are not necessarily the opinions of Panorak. The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date. We undertake no obligation to update any Content on our Website. Members are responsible for their own content, where applicable, and may update their Member Content at any time without notice and at their sole discretion. We reserve the right to make alterations or deletions to the Content at any time without notice.
Errors, Corrections and Changes
We do not represent or otherwise warrant that our Website will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely or otherwise reliable. We may make changes to our Website, Content, or Service at any time. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on our Website, Content, or Service.
Panorak reserves the right to change any and all Content, software and other items used or contained in our Website or Service, at any time without notice. Reference to any products, service, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by our Website, by third parties or by any of the equipment or programming associated with or utilized by our Service.
Limitation of Liability
Panorak, as well as all our Affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website, Content, Service, or Products; (b) the unavailability or interruption of our Website or Service; (c) your use of our Website, Content, Service or Products; or (d) any delay or failure in performance of our Website and Service.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE, SERVICE, AND PRODUCTS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. Panorak, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE, SERVICE, AND PRODUCTS. Panorak CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE, SERVICE, AND PRODUCTS, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. Panorak DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, OUR SERVICE, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICE, AND RELATED SOFTWARE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE, SERVICE, AND PRODUCTS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Panorak. OUR WEBSITE AND SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE, SERVICE, AND PRODUCTS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
IN NO EVENT WILL Panorak OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICE, OR PRODUCTS, EVEN IF Panorak IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE PURCHASE GIVING RISE TO THE LIABILITY.
You represent and warrant that when you make a payment to Panorak as part of our Service or for purchasing our Products that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment. While we actively support fighting payment fraud, Panorak has a zero-tolerance policy regarding payment charge-backs and ask that you contact us if you have an issue with our Service or our Products. However, if you start a charge-back process regarding our Service, Panorak reserves the right to immediately terminate your account. Your account and the payment information you provided will be blacklisted in our systems. Should we do this, you will never again be able to use that account and payment information with us and you will be liable to us for administrative costs in processing the charge-back. We do not offer refunds for our Service or our Products.
Termination of Your Account
You understand and agree that if you do not login to our Website at least every one hundred eighty (180) days, Panorak reserves the right to automatically terminate your account without notice to you. Also, if you violate the terms of this Agreement, we reserve the right to terminate your account. You may also voluntarily terminate your account. You understand that if your account is terminated, you will lose access to all of your Member Content and that we are not required to provide you with copies of such Member Content nor continue to maintain copies of such Member Content on our Website.
Our Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website, Content, Service, or Products does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of Panorak.
Our Content, as found within our Website and Service, is protected under United States and International copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our Website, Service, or Products does not grant you any ownership rights to our Content.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Linking to Our Website
You may provide links to our Website, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Website, (b) your website does not engage in illegal or immoral activities, and (c) you discontinue providing links to our Website immediately upon request by us.
Links to Other Websites
Our Website may, from time to time, contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the Service, information, content and/or data of such third party websites. Panorak has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
You agree to indemnify, defend and hold Panorak and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website, Service, or Products.
Any legal controversy or legal claim arising out of or relating to this Agreement, our Website, Service, or Products, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, website operations, intellectual property, and our Service, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Denver, Colorado, United States, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in the State of Colorado, United States, necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.
This Agreement shall be treated as though it were executed and performed in Denver, Colorado, United States, and shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, Service, or Products, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.