You agree that by clicking "Sign Up" or "Join Now", "Join PanzaTouch" or "Join PanzaJobs" or "Join Panza", or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with Panza (whether you are using our Services personally or on behalf of a company). If you do not agree to this contract ("Contract" or "User Agreement"), do not click "Join Now" or "Sign Up" (or a derivative) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.
This Contract applies to C3 S.A. Inc. but herein and throughout may be entitled through its marketing brands such as: Panza, Panzajobs.com™, PanzaTouch.com™, or other Panza-branded apps and other Panza-related sites, apps, communications and other services that state that they are offered under this Contract ("Services"), including the collection of data for those Services and may include plugins. Registered users of our Services are "Members" and unregistered users are "Visitors".
Members and Visitors
When you register and join Panza Services, you become a Member. If you have chosen not to register for our Services, you may access certain features as a "Visitor".
Here are some promises that you make to us in this Contract: You are eligible to enter into this Contract and you are classified as an adult and at least 18 years of Age. The Services are not for use by anyone under the age of 18 as they are related to work and may be bound by laws in differing countries as they may apply.
To use the Services, you agree that: (1) you are 18 or older; (2) you will only have one Panza account, which must be in your real name; and (3) you are not already restricted by Panza from using the Services. Creating an account with false information is a violation of our terms and is just cause for immediate cease of Services.
You agree you will keep your password a secret. You will not share an account with anyone else and will follow our rules and the law. Members manage their own account. You agree to: (1) use a strong password and keep it confidential; (2) not transfer any part of your account and (3) follow the generally accepted best practices and sound judgment. You are responsible for anything that happens through your account unless you close it or report misuse. As between you and others (including a company), your account belongs to you.
However, if the Services were purchased by another party for you to use (example: a software license bought by your employer), the party paying for such Service has the right to control access to and may get reports on your use of such paid Service.
You agree to honor your payment obligations and you agree with us storing your payment information if it occurs. You understand that there may be fees and taxes that are added to our prices.
- Refunds are subject to our policy. If you buy any of our paid Services ("Paid Services"), you agree to pay us the applicable fees and taxes for these specific Paid Services. Failure to pay these fees will result in the termination of your Paid Services. Also, you agree that: a) Your purchase may be subject to foreign exchange fees or differences in prices based on location; and b) We may store and continue billing your payment method (credit card, PayPal, etc.) even after it has expired, to avoid interruptions to your Services and to use to buy other Services.
- If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date. All of your purchases of Services are subject to Panza's refund policies.
- We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You may request a copy of your invoice through your Panza account settings.
Notices and Messages
You agree that you are ok with us providing notices and messages to you through our websites, apps, and contact information. If your contact info is out of date, you may not receive important notices. You agree that we will provide you notices and/or messages in the following manner: a) within the Services, or b) sent to contact info you provided.
When you share information on our Services, others can see, copy and use that information. Our Services allow messaging and sharing of information in many ways, such as your profile, articles, group posts, links to news articles, job postings, messages and in other ways. Information and content that you share, or post may be seen by other Members, Visitors or others. Where we have made settings available, we will honor the choices you make about who can see content or information (e.g., message content to your addressees, sharing content only to Panza connections, restricting your profile visibility from search engines, or opting not to notify others of your Panza profile update). For job searching activities, we default to not notifying your connections network or the public. So, if you apply for a job through our Service or opt to signal that you are interested in a job, our default is to share it only with the job posting originator. We are not obligated to publish any information or content on our Service and can remove it with or without notice.
Rights and Limits
Your License to Panza
You own all of the content, feedback and personal information you provide to us, but you also grant us a non-exclusive license to it. We will respect the choices you make about who gets to see your information and content, including how it can/may be used for ads. As between you and Panza, you own the content and information that you submit or post to the Services, and you are only granting Panza and or any affiliates with the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
- You can terminate this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and/or other systems.
- You agree to give us your consent if we want to give others the right to publish your content beyond the Services. However, if you choose to share your post as "public, everyone or similar", we may enable other features such as the ability to allow other Members to embed a public post onto third-party services and enable search engines to make that public content findable though these services.
- While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will make all good faith efforts not modify the meaning of your expression.
- Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others as well.
Other Content, Sites and Apps
Your use of others' content and information posted on our Services, is at your own risk. Others may offer their own products and services through our Services, and we are not responsible for those third-party activities. By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Panza generally does not review content provided by our Members or others. You agree that we are not responsible for others' (including other Members') content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. You also acknowledge risks that you or your organization may be mistakenly associated with content about others when we let connections and followers know you or your organization were mentioned in news.
Panza may help connect Members offering their services (career pathing, coaching, etc.) with Members seeking services. Panza does not perform nor employs individuals to perform these services. You must be at least 18 years of age to offer, perform or procure these services. You acknowledge that Panza does not supervise, direct, control or monitor Members in the performance of these services and agree that: (1) Panza is not responsible for the offering, performance or procurement of these services, (2) Panza does not endorse any particular Member's offered services, and (3) nothing shall create an agency, or joint venture relationship between Panza and any Member offering services. If you are a Member offering services, you represent and warrant that you have all the required licenses and will provide services consistent with general and reasonable best faith efforts and policies in our community.
Similarly, Panza may help you register for and/or attend events organized by Members and connect with other Members who are attendees at such events. You agree that (1) Panza is not responsible for the conduct of any of the Members or other attendees at such events, (2) Panza does not endorse any particular event listed on our Services, (3) Panza does not review and/or vet any of these events, and (4) that you will adhere to these terms and conditions that apply to such events.
We have the right to limit how you connect and interact on our Services. Panza reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. Panza reserves the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Services .
Intellectual Property Rights
We are providing you notice about our intellectual property rights. Panza reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Panza, and "in" logos and other Panza trademarks, copyrights, service marks, graphics and logos used for our Services are trademarks or registered trademarks of Panza.
We use data and information about you to make relevant suggestions to you and others. We use the information and data that you provide and that we have about Members to make recommendations for connections, content and features that may be useful to you. Keeping your profile accurate and up to date helps us to make these recommendations more accurate and relevant.
DISCLAIMER & LIMIT OF LIABILITY
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
C3 S.A. INC. THRU PANZA AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, WITHOUT "BUGS", AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, PANZA AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Exclusion of Liability
These are the limits of legal liability we may have to you.
TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS PANZA HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), C3 S.A. INC THRU PANZA, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (SUCH AS, OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFO OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.
PANZA AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO PANZA FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY, OR (B) US $1000, WHICHEVER IS LOWER.
Basis of the Bargain
The limitations of liability in this Section 4 are part of the basis of the bargain between you and Panza and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if Panza or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose. But, only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract. These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely.
We can each end this Contract, but some rights and obligations survive. Both you and Panza may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
- Our rights to use and disclose your feedback
- Members and/or Visitors' rights to further re-share content and information you shared through Services
- Sections 4, 6, 7, and 8.2 of this Contract
- Any amounts owed by either party prior to termination remain owed after termination
Governing Law & Dispute Resolution
In the unlikely event we end up in a legal dispute, depending on where you live, you and Panza agree to resolve it in the courts of San Juan, Puerto Rico, U.S.A. using Federal or local laws or in Madrid, Spain using Spanish law exclusively for use from Europe or “Designated Countries”. If you live in the Designated Countries, the law of Spain governs all claims related to Panza's provision of the Services, but this shall not deprive you of the mandatory consumer protections under the law of the country to which we direct your Services where you have habitual residence. With respect to jurisdiction, you and Panza agree to choose the courts of the country to which we direct your Services where you have habitual residence for all disputes arising out of or relating to this User Agreement, or in the alternative, you may choose the responsible court in Spain. For others outside of Designated Countries, including those who live outside of the United States: You and Panza agree that the laws of the Commonwealth of Puerto Rico, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and Panza both agree that all claims and disputes can be litigated only in the federal courts in San Juan, Puerto Rico, U.S.A., and you and Panza each agree to personal jurisdiction in those courts.
Here are some important details about the Contract. If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services. If we do not act to enforce a breach of this Contract, that does not mean that Panza has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that Panza may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract. You agree that the only way to provide us legal notice is at the addresses provided in Section 10.
Panza "Dos and Don'ts"
Panza is a community of professionals. This list of “Dos and Don’ts” along with our Community Policies limit what you can and cannot do on our Services.
You agree you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and keep info updated;
- Use your real name on your profile;
- Use the Services in a professional manner;
- Be a good community citizen.
You agree you will:
- Create a false identity on Panza, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
- Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to “scrape” the Services or otherwise copy profiles and other data from the Services;
- Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
- Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Panza;
- Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer);
- Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
- Violate the intellectual property or other rights of Panza, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “Panza” or our logos in any business name, email, or URL except as provided in Community policies;
- Post anything that contains software viruses, worms, or any other harmful code;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
- Imply or state that you are affiliated with or endorsed by Panza without our express consent;
- Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without Panza’s consent;
- Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without Panza’s consent;
- Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
- Monitor the Services’ availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
- Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
- Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
Complaints Regarding Content / Contact US
Contact firstname.lastname@example.org to send information regarding a complaint about content provided by our Members. We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process for complaints concerning content posted by our Members.