Terms of Use

These Terms of Use govern your access and usage of products, features, websites, apps, services, technologies, and software operated or offered by Pandion, Inc. (“Pandion”), including our website at Pandionpro.com and the Pandion app (the “Products”).

Please review these Terms of Use carefully before accessing the Products. By using or accessing the Products, you acknowledge and agree that you have read, understood and agree to be bound by these Terms of Use. You also acknowledge that you have read and understood our data practices as described in the Privacy Policy applicable to the Products and Content you use. If you do not wish to be bound by these Terms of Use, and any applicable Additional Terms (defined below), you should not use or access the Products.

These Terms of Use affect your legal rights, responsibilities and obligations, govern your use of the Products, are legally binding, limit Pandion’s liability to you, and require you to indemnify us and to settle certain disputes through individual arbitration. Please note that nothing in these Terms of Use affects your mandatory statutory rights under applicable law, to the extent that such rights apply to you and cannot be limited or excluded.

In some instances, you may be subject to different or additional terms and conditions, policies and guidelines (“Additional Terms”) that are applicable to certain parts of the Products. In the event of a conflict between these Terms of Use and the Additional Terms, the Additional Terms shall control.

These Terms of Use and the Additional Terms are subject to change at any time, so we encourage you to periodically review all terms and conditions posted on the Products. If we make any material changes to these Terms of Use or the applicable Additional Terms, we will post the updated version along with an update date. In the event that you have these Terms of Use cached on your browser, the Terms of Use that apply to you are the most recent version of the Terms of Use that appear on a non-cached browser.

If any changes to these Terms of Use or Additional Terms are not acceptable to you, you must stop your access to and use of the Products.

1. Ownership; Your Rights to Use the Products and Content.

a. Ownership. The Products and all of its content (collectively, “Content”), including all copyrights, patents, trademarks, service marks, trade names, and all other intellectual property rights therein (“Intellectual Property”), are owned or controlled by Pandion, our licensors, and certain other third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Products is the property of Pandion, our licensors, or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other Intellectual Property and unfair competition rights and laws to the fullest extent possible. Pandion owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Products.

b. Your Rights to Access and Use the Products and Content. Your right to access and use the Products and Content is subject to your strict compliance with these Terms of Use and the applicable Additional Terms. Your right to access and use the Products and the Content shall automatically terminate upon any violations of these Terms of Use. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advanced notice or liability. As your right to access and use the Products and the Content is personal to you, you may neither assign nor transfer your right; any attempt to do so is void. You may, for your personal, non-commercial, lawful use only (collectively, the following are the “Licensed Elements”):

• Display, view, use, and play the Content on a computer, mobile, or other internet-enabled or permitted device (“Device”) and/or print one copy of theContent (excluding source and object code in raw form or otherwise) as it is displayed to you;
  
• Subject to any applicable Additional Terms, if the Products includes a “Send to Friend,” social media sharing or similar tool that allows you to initiate and send to one or more of your contacts a communication that includes Content, or to post our Content to third-party services or your own site or online service, and the tool is operational, use the tool to do so; provided, however, that you do not do so in any manner that violates applicable law or third-party rights or reflects negativity on us, and only send to recipients you have permission to contact;
  
• If the Products includes a “Download” link next to a piece of Content (including an image, an icon, a wallpaper, a music track, a video, a trailer, an RSS feed), you may only download a single copy of such Content to a single Device;
  
• Download, install and use one copy of any software, including apps, that we make available on or through the Products (“Software”) on your Device in machine-executable object code form only and make one additional copy for back-up purposes; provided, however, that you understand and agree that: (i) by allowing you to download the Software, Pandion does not transfer title to the Software to you (i.e., you own the medium on which the Software is recorded, but the Software's owner (which may be Pandion and/or its third-party Software licensor) will retain full and complete title to such Software); (ii) you may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software, except as expressly authorized in these Terms of Use or applicable Additional Terms, without the prior written consent of Pandion; (iii) you may not assign, rent, lease, or lend the Software to any person or entity, and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect; and (iv) you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law;
  
• If made available to you, obtain a registered personal account (and/or related username and password) on the Products and interact with the Products in connection therewith;
  
• Link to the Products from a website or other online service, so long as: (a) the links only incorporate text, and do not use any Pandion names, logos, or images, (b) the links and the content on your website do not suggest any affiliation with Pandion or cause any other confusion, and (c) the links and the content on your website do not portray Pandion or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party or are otherwise objectionable to Pandion. Pandion reserves the right to suspend or prohibit linking to the Products for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third-party;
  
• Stream the Content using any of the widgets and/or other digital streaming internet video players, if any, provided on the Products; and
  
• Use any other functionality expressly provided by Pandion on or through the Products for use by users, subject to these Terms of Use (including functionality to create and/or post User-Generated Content (as defined below)) and any applicable Additional Terms.
  

c. Rights of Others. In using the Products, you must respect the Intellectual Property and rights of others and Pandion. Your unauthorized use of Content may violate the rights of others and applicable laws and may result in your civil and criminal liability. If you believe that your work has been infringed via the Products, see Section 4 below.

d. Reservation of all Rights Not Granted as to Products and Content. These Terms of Use and any applicable Additional Terms include only narrow, limited grants of rights to use and access the Products and Content. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY PANDION AND ITS LICENSORS AND OTHER THIRD PARTIES. Any unauthorized use of any Content or the Products for any purpose is prohibited.

e. Third-Party Services. We are not responsible for third parties or their content, advertisement(s), apps, or sites (“Third-Party Services”). For instance, portions of the Products may be integrated into or linked to third-party sites, platforms, and apps that we do not control. Similarly, we may make ads and third-party content or services, which we also may not control, available to you on or via our Products. This may include the ability to register or sign into our Products using third-party tools, and to post content on third-party sites and services using their plug-ins made available on our Products. Use caution when dealing with third parties and consult their terms of use and privacy policies. We take no responsibility for Third-party Services and will not be liable for any damages caused by your use or reliance on Third-Party Services. If you are accessing or using the Products through Apple, Android, or any other mobile operating system platform, these are Third-Party Services.

2. Content You Submit; Interactive Community Rules.

a. User-Generated Content. Pandion may now, or in the future, offer users of the Products the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Products, or on or in response to our pages or posts on any third-party platforms or in connection with any of our promotions by any media or manner, or otherwise submit to us (e.g., on our social media pages, in response to our social media posts, through a sweepstakes or contest, or by otherwise sending it to us) (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding Pandion Licensed Elements included therein, “User-Generated Content” or “UGC”). You may submit UGC through your profile, forums, blogs, message boards, social networking environments, content creation and posting tools, subscription services, gameplay, social communities (including the Interactive Community (defined below), if applicable), contact us tools, email, and other communications functionality. Except to the extent of the rights and license you grant in these Terms of Use and, subject to any applicable Additional Terms, you retain whatever legally cognizable right, title, and interest that you have in your UGC.

Except as otherwise described in the Privacy Policy, or any applicable Additional Terms, you agree: (A) your UGC will be treated as non-confidential and non-proprietary by us – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (B) to the maximum extent not prohibited by applicable law, Pandion does not assume any obligation of any kind to you or any third-party with respect to your UGC. Upon request, you will provide documentation necessary to authenticate rights to such content and verify your compliance with these Terms of Use or any applicable Additional Terms. You acknowledge that the Internet and mobile communications may be insecure and subject to breaches of security; accordingly, you acknowledge and agree that your UGC is submitted at your own risk.In your communications with Pandion, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you submit are deemed UGC and licensed to us as set forth below. In addition, Pandion retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Pandion’s receipt of your Unsolicited Ideas and Materials is not an admission by Pandion of their novelty, priority, or originality, and it does not impair Pandion’s right to contest existing or future Intellectual Property rights relating to your Unsolicited Ideas and Materials.

Except as otherwise described in any applicable Additional Terms (such as a promotion’s official rules), which specifically govern the submission of your UGC, or in our Privacy Policy, you hereby grant Pandion the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your UGC (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. The granted rights include the right to: (A) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such UGC and combine same with other materials, and (B) use any ideas, concepts, know-how, or techniques contained in any UGC for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights, metadata, notices, and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to Pandion to your UGC, you also, as permitted by applicable law, hereby grant to Pandion, and agree to grant to Pandion, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any UGC, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any UGC, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this section.

Pandion may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your UGC, and Pandion may, in its sole discretion, reject, delete, move, re-format, remove, or refuse to post or otherwise make use of UGC without notice or any liability to you or any third-party in connection with our operation of UGC venues in an appropriate manner, such as to enhance accessibility of UGC, address copyright infringement, and protect Users from harmful UGC. Without limitation, we may, but do not commit to, do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal, or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms of Use or any applicable Additional Terms. Such UGC submitted by you or others need not be maintained on the Products by us for any period of time, and you will not have the right, once submitted, to access, archive, maintain, change, remove, or otherwise use such UGC on the Products or elsewhere, except that California minors have certain rights to have certain content about them that they have themselves posted on the Products prospectively removed from public display as provided for in the Privacy Policy.

Each time you submit any UGC, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside, or are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any UGC you submit, and that, as to that UGC: (A) you are the sole author and owner of the Intellectual Property and other rights to the UGC, or you have a lawful right to submit the UGC and grant Pandion the rights to it that you are granting by these Terms of Use and any applicable Additional Terms, all without any Pandion obligation to obtain consent of any third-party and without creating any obligation or liability of Pandion; (B) the UGC is accurate; (C) the UGC does not and, as to Pandion’s permitted uses and exploitation set forth in these Terms of Use, will not infringe any Intellectual Property or other right of any third-party; and (D) the UGC will not violate these Terms of Use or any applicable Additional Terms, or cause injury or harm to any person.

b. Interactive Community Rules. Some aspects of the Products may now or in the future enable you to communicate with other users and post information and other material, including your own UGC, via an interactive community (the “Interactive Community”). You are using Interactive Community services if, for example, you view or participate in the Interactive Community, post a review, create a list, create a profile, submit any UGC, or otherwise participate in any interactive feature. Your use of the Interactive Community is subject to these Terms of Use and any applicable Additional Terms, as well as the following:

You may use the Interactive Community only for lawful purposes and in accordance with these Terms of Use. If you are using our Interactive Community, and post, publish or communicate any UGC on or through the Interactive Community, please choose carefully the information that you post and/or provide to other users.

You may not post on or transmit through the Products any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, rule, or regulation of the laws applicable to you or applicable in the country in which the material is posted. We reserve the right, in our sole discretion, to reject, refuse to post, or remove any posting or other UGC (including private messages) from you, or to deny, restrict, suspend, or terminate access to all or any part of the Interactive Community at any time, for any or no reason, without prior notice or explanation and without liability.

You may not post UGC that: (A) involves the transmission of "junk mail", "chain letters" or unsolicited mass mailing, instant messaging, "spimming" or "spamming"; (B) contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); (C) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (D) involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes; (E) includes a photograph or video of another person that you have posted without that person's consent; (F) circumvents or modifies, or attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying any security technology or software that is part of the Products; (G) involves the use of viruses, bots, worms, or any other computer code, files, or programs that may interrupt, destroy, or limit the functionality of any computer software or hardware, or otherwise may permit the unauthorized use of or access to a computer or a computer network; (H) covers or obscures the banner advertisements on your personal profile page; (I) involves any automated use of the Products, such as using scripts to add friends or send comments or messages; (J) interferes with, disrupts or creates an undue burden on the Products or the networks or services connected to the Interactive Community; (K) impersonates or attempts to impersonate another Interactive Community user, person, or entity; (L) uses the account, username, or password of another Interactive Community user at any time or discloses your password to any third party or permits any third party to access your account; (M) sells or otherwise transfers your profile; or (N) uses any information obtained from the Products or Interactive Community in order to harass, abuse or harm another person or entity, or attempts to do the same.

We reserve the right, in our sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Interactive Community for any reason.

If you become aware of misuse of the Interactive Community, including any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, material that encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any applicable law, please contact us. Notwithstanding the foregoing and to the maximum extent permitted by applicable law, we assume no responsibility for ongoing monitoring of the Interactive Community or for removal or editing of any UGC, even after receiving notice. We assume no liability for any action or inaction with respect to conduct, communication or UGC within the Interactive Community. You are solely responsible for all activities that occur within the Interactive Community. The Interactive Community is not designed for use by individuals under the age of 18 years ("Minors"). No one under the age of 18 is permitted to register or create user profiles. Numerous informational and commercial resources (such as computer hardware, software or filtering services) are available to help parents keep their children safe online. If you are interested in learning more about these resources, information is available at many sites providing information on such protections. We do not specifically sponsor or endorse any of these sites or their services.

Interactive Community users may upload to or otherwise submit to us for distribution on the Interactive Community and the Products: (A) UGC that is not subject to any copyright or other proprietary rights restrictions; or (B) UGC that the owner or licensor of any relevant rights has given express authorization for us to distribute over the Internet. You may not upload, embed, post, e-mail, transmit, or otherwise make available any material that infringes any copyright, patent, trademark, trade secret, or other proprietary rights of any person or entity. Any copyrighted or other proprietary UGC distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission". We are entitled to presume that all UGC conforms to the foregoing requirements. The unauthorized submission of copyrighted or other proprietary UGC is illegal and could subject the user to personal liability for damages in a civil suit as well as criminal prosecution. Interactive Community users assume all liability for any damage resulting from any infringement of copyright or proprietary rights, or for any other harm arising from an unauthorized submission or submission of UGC. We assume no liability for any damage resulting from any infringement of copyright or proprietary rights, or from any other harm arising from any UGC.

3. Using the Products; Products and Content Use Restrictions.

a. Creating an Account. You must set up your own account (or by an authorized representative of the individual that is the subject of the account and who is of the age of majority). We do not review accounts for authenticity and are not responsible for any unauthorized accounts that may appear on the Products. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice. If you register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your Device and for all activity under your account. Usernames and passwords must be personal and unique, not violate the rights of any person or entity, and not be offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security, but will remain responsible for any unauthorized use thereafter. You will not sell, transfer, or assign your account or any account rights.

b. Products Use Restrictions. You agree that you will not: (i) use the Products for any political or commercial purpose (including for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Intellectual Property; (iii) engage in any activities through or in connection with the Products that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party, or are otherwise objectionable to Pandion; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Products by any means whatsoever or modify any Products source or object code or any Software or other products, services, or processes accessible through any portion of the Products; (v) engage in any activity that interferes with a user’s access to the Products or the proper operation of the Products, or otherwise causes harm to the Products, Pandion, or other users of the Products; (vi) interfere with or circumvent any security feature (including any digital rights management mechanism, device, or other content protection or access control measure) of the Products or any feature that restricts or enforces limitations on use of or access to the Products, the Content, or the UGC; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Products, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Products, other computer systems or networks connected to the Products, through password mining or any other means; or (ix) otherwise violate these Terms of Use or any applicable Additional Terms.

c. Content Use Restrictions. You also agree that, in using the Products, you will: (i) not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Products by using any robot, rover, bot, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) not frame or utilize framing techniques to enclose any the Content (including any images, text, or page layout); (iii) keep intact all trademark, copyright, and other Intellectual Property and other notices contained in the Content; (iv) not use the Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) not make any modifications to the Content (other than to the extent of your specifically permitted use of the Pandion Licensed Elements, if applicable); (vi) not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third-party or on any Third-Party Services, or otherwise use or exploit the Content in any way for any purpose except as specifically permitted by these Terms of Use or any applicable Additional Terms, or with the prior written consent of an officer of Pandion or, in the case of the Content from a licensor or owner of the Content; and (vii) not insert any code or product to manipulate the Content in any way that adversely affects any user experience or the Products.

d. Availability of Products and Content. Pandion, in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Products and/or Content (and any elements and features of them), in whole or in part, for any reason, in Pandion’s sole discretion, and without advance notice or liability.

e. Age of Users. Unless otherwise specifically noted in the features made available to you, the Products, Content and any products and services appearing or marketed on the Products are intended for and directed towards the purchase and use by adults (those aged 18 years or above).

f. Internet Connectivity Charges. Internet connectivity is required to access the Products. Any access fees or charges applicable to your internet connectivity are solely your responsibility. Certain internet service providers, including wireless carriers, may charge fees for data connections based on the total amount of data you access. We are in no way responsible for the fees charged by or policies of internet service providers or others with whom you contract for such internet connectivity.

4. Notice and Take Down Procedure for Claims of Infringement.

a. DMCA Notification. If you are a copyright owner who would like to send us a notice pursuant to the Digital Millennium Copyright Act (“DMCA”) to identify content or material posted on the Products that is infringing and that you would like removed from our Products, or if you are a user whose work has been removed in response to such a notice of infringement and would like to file a DMCA counter-notice, you may submit such notice to us by following the instructions in this Section 4.

b. DMCA Requirements. We are committed to complying with U.S. copyright and related Intellectual Property laws. Our policy is to respond to notices of alleged infringement that comply with the DMCA. It is our policy to remove and discontinue service to repeat offenders. If you believe your copyrighted work has been copied and is accessible on the Products in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in accordance with the requirements of the DMCA:

• The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.
  
• A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
  
• If the Products includes a “Download” link next to a piece of Content (including an image, an icon, a wallpaper, a music track, a video, a trailer, an RSS feed), you may only download a single copy of such Content to a single Device;
  
• Identification of the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the website where it is posted or the name of the book in which it has been published).
  
• Identification of the URL or other specific location on the Products where the material you claim is infringing is located, providing enough information to allow us to locate the material.
  
• Your name, address, telephone number, and email address so that we may contact you.
  
• 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.
  
• 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 are authorized to act on the copyright owner’s behalf.
  

Our agent for notice of claims of copyright infringement on the Products can be reached as follows:
By mail:
Pandion, Inc.
10500 NE 8th Street, Suite 960
Belleuve, WA 98004
Attn: Legal/Copyright

If you believe an individual is a repeat infringer, please follow the instructions above to contact our DMCA agent and provide information sufficient for us to verify the individual is a repeat infringer.

It is often difficult to determine if your copyright has been infringed. Pandion may elect to not respond to DMCA notices that do not substantially comply with all of the foregoing requirements, and Pandion may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

c. DMCA Counter-Notification. If access on the Products to a work that you submitted to Pandion is disabled or the work is removed as a result of a DMCA copyright infringement notice, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a “Counter-Notification” to the email address listed above. Your DMCA Counter-Notification should contain the following information:

• a legend or subject line that says: “DMCA Counter-Notification”;
  
• a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the full URL of the page(s) on the Products from which the material was removed or access to it disabled);
  
• a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  
• your full name, address, telephone number, email address, and the username of your account with us (if any);
  
• a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Southern District of New York), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and your electronic or physical signature.

d. Receipt of DMCA Counter-Notification. If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than 10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the address above that the party who sent us the DMCA copyright infringement notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Products. Upon our receipt of a Counter-Notification that satisfies the requirements of DMCA, we will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures regarding counter notification. All Counter-Notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act. In all events, you expressly agree that neither Pandion nor any of its affiliates or their employees, officers, directors, or agents will be a party to any disputes or lawsuits regarding alleged copyright infringement. Please note you may be held liable for money damages if you materially misrepresent an activity is infringing your copyrights.

5. Termination or Suspension.

a. Termination by Us. We may, upon notice to you, issue a warning, temporarily suspend, indefinitely suspend, or terminate your account or your access to all or any part of the Products for any reason in our sole discretion. In certain cases, in our sole discretion, we may provide you with a written notice (a "Restriction Notice") to inform you: (i) your right to use or access any part of the Products has been terminated, including the right to use, access or create any account thereon; and (ii) we refuse to provide any services to you. Other conditions may apply and shall be set forth in the Restriction Notice.

b. For You to Terminate. You may terminate these Terms of Use by ceasing all use of the Products and deleting all Licensed Elements from your Device.

c. Effect of Termination or Suspension. Following termination (by us or by you) or suspension, you will not be permitted to use the Products. Any suspension or termination will not affect your obligations to Pandion under these Terms of Use or any applicable Additional Terms. Upon suspension or termination of your access to the Products, or upon notice from Pandion, all rights granted to you under these Terms of Use or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Products. The provisions of these Terms of Use and any applicable Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Pandion in these Terms of Use, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

6. Disclaimers; Exclusions and Limitations of Liability.

a. DISCLAIMER OF WARRANTIES AND CONDITIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PANDION AND ITS, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, CUSTOMERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “PANDION PARTIES”) PROVIDE THE SITE, CONTENT, PANDION LICENSED ELEMENTS, OR OTHER PANDION PRODUCTS OR SERVICES ON AN "AS IS," "AS AVAILABLE," AND “WITH ALL FAULTS” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. THE USE OF THE SITE IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PANDION PARTIES (AS APPLICABLE) DO NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, THAT THE SITE, CONTENT, LICENSED ELEMENTS, UGC, OR OTHER PANDION PRODUCTS OR SERVICES WILL: (I) BE UNINTERRUPTED OR SECURE; (II) BE FREE OF DEFECTS, INACCURACIES, OR ERRORS; OR (III) OTHERWISE MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PANDION PARTIES HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, LACK OF HIDDEN OR LATENT DEFECTS, SECURITY, MERCHANTABILITY, SATISFACTORY QUALITY, QUIET ENJOYMENT AND NON-INFRINGEMENT, OR ARISING BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING. NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT: (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY PANDION PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY PANDION PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) PANDION PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY PANDION PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST PANDION PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.

b. EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PANDION PARTIES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST OR CORRUPTED DATA, OR DAMAGE TO REPUTATION OR GOODWILL OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR OTHER INDIRECT DAMAGES OR LOSSES ARISING FROM, RELATING TO OR CONNECTED WITH YOUR USE OF (OR INABILITY TO USE) THE SITE, CONTENT, LICENSED ELEMENTS, UGC, OR OTHER PANDION PRODUCTS OR SERVICES REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED (INCLUDING NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, PRODUCT DEFECT, OR MISREPRESENTATION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

c. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY PANDION PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including loss of profits, in connection with, or otherwise directly or indirectly related to the Products (including the Content and the UGC), including:

• your use of or inability to use the Products, or the performance of the Products;
  
• any action taken in connection with an investigation by Pandion Parties or law enforcement authorities regarding your access to or use of the Products;
  
• any action taken in connection with copyright or other Intellectual Property owners or other rights owners;
  
• any errors or omissions in the Products’ technical operation or security or any compromise or loss of your UGC or other data or information; or
  
• any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.
  

The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if the Pandion Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God, telecommunications failure, or destruction of the Products).

EXCEPT AS MAY BE PROVIDED IN ANY APPLICABLE ADDITIONAL TERMS, TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL THE PANDION PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND YOUR RIGHTS UNDER THESE TERMS OF USE, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID PANDION IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A COURT OR TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY PANDION OR A MANUFACTURER OF A PHYSICAL PRODUCT.

The liability limitations in this Section 6 are not intended to limit any express warranties from applicable product manufacturers of physical products sold via the Products, or any express warranties by Pandion that are included in applicable Additional Terms.

d. APPLICABLE JURISDICTIONAL LIMITS. CERTAIN JURISDICTIONS, SUCH AS NEW JERSEY, DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF OR LIMITATION OF CERTAIN DAMAGES. AS SUCH, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

e. ESSENTIAL PURPOSE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

7. Arbitration and Dispute Terms.

a. Forum Selection/Jurisdiction. Jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Products, the Content, your UGC, these Terms of Use, or any applicable Additional Terms, (collectively, “Dispute”) shall be in Seattle, Washington. Each party submits to personal jurisdiction and venue in Seattle, Washington for all purposes.

b. Pre-Arbitration Notification. Pandion and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that Pandion need not do so in circumstances where its claims of Intellectual Property rights are concerned (“IP Disputes,” with all other disputes referred to as “General Disputes”). The party making a claim – whether you or Pandion – shall send a letter to the other side briefly summarizing the claim and the request for relief. If Pandion is making a claim, the letter shall be sent, via email, to the email address listed in your Pandion account, as applicable. If no such information exists or if such information is not current, then we have no notification or delay obligations under this Section 7(b). If you are making a claim, the letter shall be sent to: legal@pandionpro.com. If the Dispute is not resolved within 60 days after notification, the claimant may proceed to initiate proceedings as set forth in this Section 8. Either you or Pandion, however, may seek provisional remedies (such as preliminary injunctive relief) subject to Section 8(d) before the expiration of this 60-day period.

c. Arbitration of Claims. Unless you give us notice of opt-out within 5 business days of your first use of the Products, all actions or proceedings arising in connection with, touching upon or relating to any Dispute, or the scope of the provisions of this Section 8, shall be submitted to JAMS (www.jamsadr.com) for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in Chicago, Illinois, before a single arbitrator. If the matter in dispute is between Pandion and a consumer, the matter shall be submitted to JAMS in accordance with its Policy on Consumer Arbitration Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, by striking from a list of arbitrators supplied by JAMS. We may have the right to pay the JAMS fees if required for arbitration to be enforceable. The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates’ lawyers, insurance providers, auditors and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief (subject to the provisions of these Terms of Use waiving or limiting that relief) in a court of competent jurisdiction in Chicago, Illinois or, if sought by Pandion, such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this Section 8; provided further, however, that the losing party shall have 15 business days after the issuance of the arbitrator’s decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to a court of competent jurisdiction in Seattle, Washington, or, in the case of you, such other court having jurisdiction over you, which may be made ex parte, for confirmation and enforcement of the award. To the extent there are any challenges to the arbitrability of a claim, the arbitrator shall determine all such challenges.

d. Limitation on Injunctive Relief. AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SITE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF THE SITE, CONTENT, UGC, PRODUCT, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY PANDION PARTY (INCLUDING YOUR LICENSED UGC) OR A LICENSOR OF ANY PANDION PARTY.

e. Governing Law. These Terms of Use and any applicable Additional Terms, General Disputes and IP Disputes, and any other claim brought by you against the Pandion Parties or by Pandion against you pursuant to this Section 7, or otherwise related to the Products, Content, Licensed Elements, UGC, products, or Pandion Intellectual Property, will be governed by, construed, and resolved in accordance with, the laws of the State of Washington, U.S.A. or by United States Law with respect to federal questions, without regard to its conflicts of law provisions that might apply the laws of another jurisdiction. This Section 7 shall be governed solely by the Federal Arbitration Act, 9 U.S.C. §1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and Pandion agree that we intend that this Section 7 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 7 can only be amended by mutual agreement. Either party may seek enforcement of this Section 7 in any court of competent jurisdiction.

f. Class Action Waiver. As permitted by applicable law, both you and Pandion waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Section 7 is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.

g. Jury Waiver. AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

h. Small Claims Matters. Notwithstanding the foregoing, either of us may bring qualifying claim of General Dispute (but not IP Disputes) in small claims court, subject to Section 7(f).

i. Survival. The provisions of this Section 7 shall supersede any inconsistent provisions of any prior agreement between the parties. This Section 7 shall remain in full force and effect notwithstanding any termination of your use of the Products or these Terms of Use.

8. General Provisions.

a. Pandion’s Consent or Approval. As to any provision in these Terms of Use or any applicable Additional Terms that grants Pandion a right of consent or approval or permits Pandion to exercise a right in its “sole discretion,” Pandion may exercise that right in its sole and absolute discretion. No Pandion consent or approval may be deemed to have been granted by Pandion without being in writing and signed by an officer of Pandion.

b. Indemnity. As permitted by applicable law, you agree to, and you hereby, defend (if requested by Pandion), indemnify, and hold the Pandion Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Pandion Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your UGC; (ii) your use of the Products and your activities in connection with the Products; (iii) your breach or alleged breach of these Terms of Use or any applicable Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Products or your activities in connection with the Products; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) the Pandion Parties’ use of the information that you submit to us (including your UGC) subject to our Privacy Policy (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by the Pandion Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, the Pandion Parties retain the exclusive right to settle, compromise, and pay all Claims and Losses. The Pandion Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Pandion. This section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.

c. Operation of Products. Availability of Products and Services; International Issues. Pandion controls and operates the Products from the U.S., and makes no representation that the Products are appropriate or available for use beyond the U.S. If you use the Products from other locations, you are doing so on your own initiative and responsible for compliance with applicable laws regarding your online conduct and acceptable content, if and to the extent laws apply.

d. Export Controls. You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by U.S. law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.

e. Interpretation. Headings used in these Terms of Use are for reference only and shall not affect the meaning of any terms. "Including" and similar words are intended without limitation. The singular includes the plural and vice versa. These Terms of Use, and the applicable Additional Terms, are binding upon each party and its successors and permitted assigns.

f. Entire Agreement. Except for any Additional Terms that apply to your use of the Products as we may notify or make available to you, this is the entire understanding between you and us regarding the use of the Products, and it supersedes all prior and contemporaneous agreements and understandings between you and us regarding this subject matter.

g. Severability. The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use is held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in that or any other jurisdiction.

h. Our Affiliates, Suppliers and Licensors. Our affiliates, suppliers, licensors, and other Pandion Parties are intended third-party beneficiaries of these Terms of Use.

i. No Waiver. Our failure or delay to exercise or enforce any right, remedy, or provision of these Terms of Use or by law will not operate as a waiver of such or any other right, remedy, or provision.

j. Notices. Where we need to send you notices under these Terms of Use or in connection with your use of the Products, you hereby consent to receive electronic notices from us, whether addressed to the email address associated with your activity or another email address that you provide to us. To the maximum extent permitted by applicable law, you acknowledge and agree that any communication via email or by postings on the Products satisfies any legal requirement that such communications be made in writing. All legal notices to us must be sent to: legal@pandionpro.com.

k. Force Majeure. We will not be liable to you for failing to perform our obligations under or arising out of these Terms of Use, or the applicable Additional Terms, or any applicable laws or regulations because of any event beyond our reasonable control, including a labor disturbance, an internet outage or interruption of service, a communications outage, failure by a service provider or any other third party to perform, acts of war or other action of military forces, terrorism, riot, civil commotion, sabotage, vandalism, accident, fire, flood, acts of god, strike, lock-out or other industrial disputes (whether or not involving our employees or those of our affiliates, suppliers or licensors), or legislative or administrative interference (including those giving rise to currency changes).

l. Changes to the Products and Amendments to these Terms of Use. To the maximum extent permitted by applicable law, we may, in our sole discretion, change, modify, suspend, make improvements to, or discontinue any aspect of the Products, temporarily or permanently, in whole or in part, at any time with or without notice to you, and we will not be liable for doing so. We reserve the right from time to time to modify these Terms of Use in our sole discretion. Your use of the Products after any modification we make constitutes your acceptance of the most recent version of these Terms of Use as modified.

m. Assignment. These Terms of Use and your rights and obligations under it are not assignable or transferable by you without our prior written consent. We may freely assign, transfer, or delegate these Terms of Use or any of our rights and obligations under it.

n. Contact Information. For help with the Products or if you have any questions regarding the Products or these Terms of Use, please contact us at support@pandionpro.com. You acknowledge that we have no obligation to provide you with support of any kind and that our personnel cannot change or waive these Terms of Use or the applicable Additional Terms.

‍