1. Terms of Service

By using Pano’s Site and Services, you acknowledge (i) that you are at least 18 years of age and legally able to enter into a contract; and (ii) that you agree to follow and be bound by these Terms of Service, as well as all applicable laws and regulations. Please do not use this website if you do not agree with these Terms of Service. The materials contained in this website are protected by applicable copyright and trademark law.

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As further explained in Section 8, by agreeing to these Terms of Service you agree that any dispute arising from the use of Pano Materials and Services will be decided in binding Arbitration, in accordance with the terms and conditions provided below. In no case will disputes be decided by any court, jury trials, or class action, other than the Arbitration tribunal hereby indicated in these Terms of Service, unless one of the exceptions apply.

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The following meanings shall apply in these Terms of Service: “Site” refers to www.gopano.io and any other website made available by Pano. “Services” refers to the Site and all services, self-help documents, information, forms and templates provided by Pano. “Pano” refers to Plain Sight Ventures (the owner and operator of www.gopano.io ) and our affiliates (including Plain Sight Ventures officers, directors, employees, consultants, agents and representatives). “You” and “your” refer to each customer, visitor or user of any Services. If you access or use the Services on behalf of a company, organization or other entity, or on behalf of another person, then (i) the terms “you” and “your” will also refer to that entity or person; (ii) you represent and warrant that you are an authorized representative of that entity or person, with authority to bind the entity or person to these Terms of Service; and (iii) you agree to these Terms of Service on that entity or person’s behalf.

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‍2. Use License

By using its Services, Pano grants you a license, not a transfer of title, and under this license you may not:

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• modify or copy the Materials;
• use the Materials for any commercial purpose, or for any public display (commercial or non-commercial);
• attempt to decompile or reverse engineer any software contained on Pano’s Site;
• remove any copyright or other proprietary notations from the Materials; or
• transfer the Materials to another person or “mirror” the Materials on any other server.

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This license shall automatically terminate if you violate any of these Terms of Service and may be terminated by Pano at any time.

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Furthermore, your use of the Services may require you to enter personal, confidential or proprietary information concerning a third party. You represent and warrant that you have (i) obtained all rights and permissions from any third party necessary to use the Services and to grant the rights to Pano to use such information in providing the Services; and (ii) that your use of any third party personal, confidential, or proprietary information does not and will not violate any privacy rights, intellectual property rights or any other rights of any third party.

3. Liability Limitations

In no event, and to the maximum extent authorized by law, shall Pano, the organizations it partners with, or its suppliers be liable for any damages (including, without limitation, direct, punitive, incidental or consequential damages, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Materials on the Site, even if Pano or a Pano authorized representative has been notified orally or in writing of the possibility of such damage. Furthermore, because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential, punitive, or incidental damages, these limitations may not apply to you.

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4. Revisions and Errata

The Materials appearing on Pano’s Site could include technical, typographical, or photographic errors. Pano does not warrant that any of the materials on www.gopano.io are accurate, complete, current, or comply with the laws of your local jurisdiction. Pano may make changes to the Materials contained on www.gopano.io at any time without notice. Pano does not, however, make any commitment to update the Materials.

5. Links

Pano has not reviewed all of the websites linked to its Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Pano of the website to which the link leads. Use of any such linked website is at the user’s own risk.

6. Site Terms of Service Modification

Pano may revise these Terms of Service at any time without prior notice to you. Any changes to these Terms of Service will be reflected on this page and will become effective immediately upon posting. If we make significant changes to these Terms of Service, we will notify you of the changes, either by putting up a banner on Pano’s Site or, if you are a registered user, by email. By continuing to use Pano, you are agreeing to be bound by the then-current version of these Terms of Service. Please check the last updated date at the top of these Terms of Service to determine if there have been any changes since you have last reviewed these Terms of Service.

7. Notification Procedures

Pano may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice or through conspicuous posting on the Site, as determined by Pano in our sole discretion. Pano shall not be responsible for any automatic filtering that you or your network provider may apply to email notifications we send to the email address you provide us.

8. Dispute Resolution by Binding Arbitration

Please carefully read this part of the Terms of Service. It contains important information about how disputes, claims, and controversies in relation to the use of Pano’s Services shall be resolved. If you don’t understand the meaning or extent of this provision, you should seek the opinion of independent counsel.

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It is our goal to resolve through negotiation any dispute, claim, or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof, or to the use of Pano’s Services. In case we fail to reach a resolution of the dispute, claim or controversy, you and Pano agree to submit the dispute to binding arbitration, in accordance with the terms and conditions set forth below (the “Arbitration Agreement”).

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Arbitration is a much less formal dispute resolution process in which no judge or juries will adjudicate or find the facts in dispute. Arbitration uses a neutral arbitrator to give the final decision (technically called an “award”), has a much simpler discovery process, and is subject to very limited review by the courts. Additionally, arbitration awards are normally not appealable, and, therefore, it is normally a faster and less expensive method of dispute resolution.

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• Binding Arbitration and Rules: You and Pano agree that any controversy or claim arising out of or relating to these Terms of Service or Pano’s Site, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and Consumer Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You can find the AAA arbitration rules and forms on their website: consumer arbitration rules, commercial arbitration rules, and consumer filing forms. You can also call the AAA for further information at 1-800-778-7879. These Terms of Service may change the AAA rules expressly or by necessary implication. The Federal Arbitration Act shall govern the interpretation and applicability of this Arbitration Agreement. Further, You and Pano agree that the United Nations Convention on Contracts is excluded and not applicable to this relation.
• Arbitration Initiation: The Party initiating the proceedings must provide a written notice to the other Party in accordance with the AAA rules and forms. You can find the AAA arbitration rules and forms on their website: consumer arbitration rules, commercial arbitration rules, and consumer filing forms. The written notice must be addressed to Plain Sight Ventures, 2711 N. Sepulveda Blvd #356, Manhattan Beach, CA 90266
• Single Arbitrator: Claims shall be heard by a single arbitrator, unless both Parties expressly agree otherwise. The arbitrator will be selected by the Parties from the AAA’s roster of consumer dispute arbitrators, and if the Parties fail to agree on the arbitrator appointment the AAA rules will govern the arbitrator’s choice.
• Venue: The place of arbitration shall be Los Angeles, California. Hearings will take place pursuant to the standard procedures of the Commercial Arbitration Rules that contemplate in-person hearings.
• Arbitrator Limitations: To the maximum extent permitted by law and coherent to these Terms of Service: (i) the arbitrator will have no authority to award punitive or other damages not measured by the prevailing Party’s actual damages, except as may be required by statute; (ii) the arbitrator shall not award consequential damages in any arbitration initiated under this section; (iii) any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount.
• Class Action, Jury and Bench Trial Waiver: You and Pano hereby agree that in no circumstance any dispute, claim, or controversy between the Parties will be subject to a jury or bench trial in any court or tribunal. Both Parties, therefore, renounce the right to jury trial. Furthermore, You and Pano expressly waive any rights to join a class action, as a plaintiff or class member, and that unless both Parties expressly agree, the arbitrator will not be allowed to consolidate more than one person’s claims in the arbitration proceedings.
• Fees: Each Party has the responsibility to pay the filing fees, administrative expenses and arbitrator fees in accordance with the effective AAA rules. If your claim for damages does not exceed $75,000, and is not ruled as frivolous or based on improper purpose (as set forth in the Federal Rules of Civil Procedure 11(b)) by the Arbitrator, Pano will pay all such fees.
• Award: The award shall be rendered in accordance with the AAA rules timeframe. Any award: (i) will be limited to the Parties in the dispute; (ii) will not affect third parties; (iii) will include findings and conclusions; (iv) will not be appealable; (v) will be coherent to these Terms of Service. Pano waives the right to recover expenses and attorney fees if it prevails in the arbitration procedure.
• Exceptions: You and Pano retain the rights to initiate proceedings in any court or tribunal in order to obtain injunctive or equitable relief to protect intellectual property rights, both actual and threatened violations. Further, each Party retains the right to initiate proceedings in small claims courts.
• Miscellaneous: This Arbitration Agreement will be in full force and effect after the termination of these Terms of Service, meaning that it will continue to govern the dispute resolution for the Parties. Except as may be required by law, neither a Party nor an arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties.

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9. Governing Law

Any claim, dispute, or controversy relating to your use of Pano’s Site shall be governed by the Arbitration Agreement discussed in Section 8 above. If a judicial proceeding is commenced, the claim, dispute, or controversy shall be governed by the laws of the State of California, without regard to its conflict of law provisions. You and Pano agree that the United Nations Convention on Contracts is excluded and not applicable to this relation.

You specifically consent to personal jurisdiction in California in connection with any dispute between you and Pano arising out of these Terms of Service or pertaining to Pano’s Site. You agree that the exclusive venue for any dispute between the parties will be in the state and federal courts in California.

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10. Consumer Satisfaction

Consumer satisfaction is very important to Pano. If you are unsatisfied with any part of your experience using Pano, please contact us at [email protected].

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11. Subscription and Payment Terms

All payments to Pano for subscriptions are non-refundable. All subscriptions/payments are auto-renewed every month (or every year if subscribed to an annual subscription) until canceled by You.