Website Terms of Use

These Website Terms of Use (“Terms”) govern your access to and use of any of Panoptic ERP LLC’s, Delaware limited liability company, (“Panoptic”) websites (“Websites”).

YOU MUST BE AT LEAST 18 YEARS OLD TO USE WEBSITES AND YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS IF YOU CHOOSE TO USE WEBSITES.

Panoptic is referred to as "we" or "us," and when we say "you," we mean you or the company you're using our Websites for. If you're using our websites for a company, you're telling us that you have the authority to do so and that the company also has to follow these Terms.

Please note that these Terms do not govern your access to or use of the Panoptic ERP software or other products, which are subject to separate agreements with Panoptic.

If you follow these rules, you can look at content and save and when intended print materials from Panoptic's Websites. You can do this for personal use or within the use of your company.

We can change or even stop our Websites at any time. If we change these Terms, we'll put the updates here - T&C LINK. The changes take effect as soon as we upload them. If you keep using our Websites, it means you agree to follow these new terms.

Unless we say otherwise in these Terms or on our Websites, everything you see on our Websites – like text, images, logos, videos, “look and feel” of our Websites, and more (collectively, the “Content”) – is owned by Panoptic or someone who gave us permission to use it. These things are protected by laws about copyrights, patents, trademarks, and other rules about intellectual property. We keep all rights to Content, and you can't copy, share, or use them in ways that break the rules, or you could get in trouble with the law.

Unless otherwise specifically agreed to by you and Panoptic (e.g., in separately executed Non-Disclosure Agreement), when you share any information with our Websites, like messages, emails, pictures, or anything else (“Postings”), you grant to Panoptic a perpetual, irrevocable, worldwide, non-exclusive, sub-licensable, royalty-free license and permission to use, make, have made, offer for sale, sell, copy, distribute, perform, display, modify, adapt, publish, transmit and otherwise exploit such Posting, by means of any form, medium, or technology now known or later developed, and to grant to others rights to do any of the foregoing. You also promise that you have the right to let us use Postings and that you won't claim any special rights to it later on.

When you share Postings on our Websites, you promise that you have the right to let us use it as described earlier. You also promise that what you share doesn’t contain any harmful computer code, like viruses or programs that mess up computers or software, and doesn't break any laws or violate anyone else's rights, like privacy or intellectual property rights. If someone claims we owe them money because of what you shared, you agree to take responsibility and cover any costs or damages we might have to pay.

While using the Websites, you must follow the law and some rules:

• (i) don't use the Websites for illegal, deceptive, or unauthorized activities;
• (ii) don't gather information about other people without their permission;
• (iii) don't pretend to be someone else or say that someone endorses you if they don't;
• (iv) don't do anything to harm the Websites or Panoptic's systems, like trying to break them or overload them;
• (v) don't use any tools or programs to access or copy the Websites or its content unless we give you permission;
• (vi) don't remove any copyright or trademark notices from the Websites or its Content;
• (vii) don't try to access parts of the Websites or Panoptic's servers without permission, like hacking or trying to guess passwords;
• (viii) don't test the Websites to find weaknesses in its security;
• (ix) don't try to figure out how the Websites work or try to bypass any security measures, unless the law allows it;
• (x) don't create apps or code that use the Websites or its content without our permission.

You agree that when you use the Websites and its Content, you're taking some risk. We provide the Websites and Content "as is," and we don't make any promises or guarantees. This means we don't guarantee that the Websites and Content will be accurate, always available, free from errors, safe, up-to-date, or free from viruses. We also can't promise to fix any problems or mistakes, even if we know about them. Panoptic makes no related representations, and disclaims all possible warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

You understand that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Websites and Content remains with you. Panoptic or any of its directors, employees, agents, or suppliers will not be liable for any special, indirect, incidental, exemplary, consequential or punitive damages of any kind arising out of or in connection with the Websites, and any Content, regardless of the form of and even if we are aware of or have been advised of the possibility of such damages.

IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE WEBSITES, INCLUDING ANY CONTENT, OR FROM THE USE OF OR EXPOSURE TO ANY SUBMISSIONS, EXCEED ONE THOUSAND DOLLARS. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.

These limits and exclusions won't apply if there's liability due to fraud, fraudulent misrepresentation, gross negligence, or any other type of liability that the law doesn't allow us to limit or exclude.

To the maximum extent allowed by law, you agree to protect, defend, and take responsibility for Panoptic, including its officers, directors, employees, agents, subsidiaries, and affiliates, if someone else makes a claim against us because you broke these Terms, violated a law or regulation, or infringed on someone else's rights. This includes covering any costs, losses, or legal fees we might have to pay.

If you have any questions about our Websites or these Terms or if you want to report any violation of these Terms please get in touch with us at EMAIL.

The Terms and the relationship between each user and Panoptic are governed by the laws of Texas without regard to its conflict of law provisions and each party submits to the personal and exclusive jurisdiction of the courts located in Houston, Texas.

You can't transfer or pass your rights or responsibilities under these Terms to someone else without getting our written permission. We have the freedom to transfer, assign, or delegate our rights or responsibilities under these Terms. However, these Terms apply to both parties and their representatives, heirs, administrators, successors, and permitted assigns.

These Terms neither oblige Panoptic to do any business with you, nor oblige you to do any business with Panoptic.

If you break these Terms, it could harm Panoptic, and in that case, we can ask a court to stop the breach right away (obtain an injunction). You would also have to cover our costs for taking legal action. Our ability to seek injunctive relief doesn't stop us from pursuing other remedies.

We won't be responsible for delays or problems with the Websites that are beyond our control, like natural disasters, network failures, acts of terrorism, or government orders.