Terms and Conditions
LAST REVISED: November 23 2020
By accessing the PingLogix.com (“Website”) and using the services provided thereon, you agree to be bound by the terms and conditions (“Terms”) set forth herein. Please read these Terms carefully. If you do not agree to these Terms, do not access or use this website. We reserve the right to change these Terms at any time in our sole discretion without further notice to you except posting on this page. Your continued use of our Website after we have posted changes on this page constitutes your agreement to any and all changes. All changes are in effect and enforceable from the date of posting forward. It is your responsibility and you are encouraged to thoroughly read and review these Terms each time you use the PingLogix.com Website and participate in any of the services provided on our Website.
PLEASE READ CAREFULLY, THESE TERMS CONTAIN AN ARBITRATION PROVISION AND CLASS ACTION LIMITATIONS.
Please remember, we are not a financial service provider, lender, or broker of any lender. We do not recommend any particular service provider or their financial products. We make no credit approval decisions. We do not make any representations or guarantees of acceptance of you into any specific goods or services appearing on our website.
THIRD PARTY CONTENT AND LINKS TO THIRD PARTY WEBSITES
All information, materials, images, photographs, articles, functions, text, and other content provided by or on behalf of PingLogix.com on this website (collectively, “website content”) are the sole property of PingLogix.com. Our website and all of its content and the selection and arrangement thereof, are protected under the copyright laws and other intellectual property laws of the United States. PingLogix.com reserves all rights, in and to our Website and its’ content. Unless otherwise noted, the PingLogix.com name and all other trademarks, service marks, trade names, logos or other designations of source displayed on the website are the property of PingLogix.com, its affiliates, or licensors. You may not distribute, display, or disseminate any such documents, pages, images, materials or content without the prior, express written consent of PingLogix.com. Nothing contained on our Website shall be construed as conferring any right or license under any trademark, copyright, or other intellectual property right. Any unauthorized use of our Website or its’ content will terminate the permission or license granted herein and may constitute a violation of applicable copyright and intellectual property law. You agree that you will not alter, adapt, or otherwise modify any part of our Website or its’ content.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS PingLogix.com, ITS OWNERS, AFFILIATES, LICENSORS, AND AGENTS, INCLUDING WITHOUT LIMITATION, PingLogix.com’S SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, FOR ANY CLAIMS, CAUSES OF ACTIONS, PROCEDURES OR ALLEGATIONS ARISING OUT OF OR RELATING TO ANY VIOLATION OF THESE TERMS, YOUR USE OF OUR WEBSITE, ITS’ CONTENT OR USER CONTENT (INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE WEBSITE ON YOUR BEHALF. PingLogix.com RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO DEFENSE BY YOU.
DISCLAIMER OF WARRANTIES
EXCEPT AS SET FORTH IN THIS AGREEMENT, PingLogix.com MAKES NO WARRANTY WHATSOEVER AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES WHICH COULD BE IMPLIED IN CONTRACT, IN LAW OR IN EQUITY, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY DEALING OR COURSE OF PERFORMANCE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY REGARDING CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY OR PERFORMANCE. WE MAKE NO GUARANTEE THAT OUR CONTENT OR USER CONTENT ON THE WEBSITE IS UP-TO-DATE, ACCURATE, OR COMPLETE, AND YOU SHOULD NOT RELY ON THE WEBSITE FOR ANY DECISION OR TO TAKE ANY ACTION. WE HEREBY DISCLAIM ANY WARRANTY THAT OUR CONTENT OR USER CONTENT ON THE WEBSITE WILL BE FREE OF INTERRUPTION, FREE OF ERRORS, OR THAT THE WEBSITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL PingLogix.com, ITS OWNERS, AFFILIATES, AGENTS, PARTICIPATING PROVIDERS, AND/OR ANY OTHER PARTIES INVOLVED IN DEVELOPING, PRODUCING, OR DELIVERING THIS WEBSITE SHALL BE HELD LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE DAMAGES, OR ATTORNEY’S FEES ARISING OUT OF A CONSUMER’S ACCESS TO, OR USE OF, THIS WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY AND PingLogix.com’S SOLE AND EXCLUSIVE LIABILITY TO YOU FOR ANY REASON SHALL BE FOR YOU TO DISCONTINUE YOUR ACCESS TO OR USE OF THE WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
COMPLIANCE WITH APPLICABLE LAWS
NO WAIVER OF TERMS
LAW AND VENUE
CLASS ACTION WAIVER
To the extent allowed by law, you and PingLogix.com each agree to waive any right to pursue disputes on a consolidated or class-wide basis; that is, to either join a claim with the claim of any other person or entity or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration, or other proceeding. YOU HEREBY UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST THIS SITE IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You and we (collectively the “Parties”) agree to submit any dispute arising out of or in any way relating to this Site to binding arbitration conducted by a single arbitrator under the Commercial Rules of the American Arbitration Association (“AAA”) in Laramie County, Wyoming, rather than a proceeding in a court of law. Any such arbitrator shall be knowledgeable in the subject area in which the dispute arises. All discovery shall be completed within sixty (60) days following the appointment of the arbitrator. Each party shall be entitled to representation by counsel, to appear and present written and oral evidence and argument and to cross-examine witnesses presented by the other party, provided that, where appropriate, the arbitrator may receive testimony via telephone, video or other electronic means of communication. The arbitration award shall be in writing and the arbitrator shall provide written reasons for the award. The award of the arbitrator shall be final and binding on the parties hereto and may be enforced in any court of competent jurisdiction. The prevailing party in any action or proceeding to enforce its rights hereunder shall be entitled to recover reasonable attorneys’ fees and other reasonable costs, including fees of the arbitrator and the AAA, incurred in the action or proceedings. In no event shall the arbiter award punitive or exemplary damages. The parties waive any right they may have to an appeal of the arbitrator’s decision and/or award. Each party retains the right to seek judicial assistance: (i) to compel arbitration, (ii) to obtain interim measures of protection prior to or pending arbitration, (iii) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information; (iv) for any claims of infringement or misappropriation of this Site’s copyright, trademark, or trade secrets; and (v) to enforce any decision of the arbitrator, including the final award. If any AAA rule conflicts with these Terms and Conditions, these Terms and Conditions shall control. BY AGREEING TO ARBITRATION, YOU AGREE THAT THE PARTIES ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY IN ANY ACTION IN ANY WAY ARISING OUT OF OR RELATED TO THIS AGREEMENT. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
USE OF PingLogix.com
PingLogix.com reserves the right, in its sole discretion, to restrict, in whole or in part, your use of the website, any website content, and any third party’s user content at any time with or without notice for any or no reason.
PingLogix.com makes no representations that the website is appropriate or available for use in locations outside of the United States. By offering this website and its content, no distribution or solicitation is made by PingLogix.com to any person to use the website or its content in any jurisdiction where the provision of this website is prohibited by law. You affirmatively agree to obey all federal, state, and local laws, regulations, and rules that apply to your activities when you use the website. All rights not expressly granted are reserved to PingLogix.com.
If you have any questions regarding these Terms, you may contact us here.