The following User Agreement describes the terms and conditions on which Pangreen offers Our services. You must accept these terms and conditions before You may use Our services.
Pangreen.com is an online service that provides a venue to enable You to seek transportation to certain destinations either as a driver (“Driver” or “Drivers”) or as a rider (“Rider” or “Riders”) and be able to find and choose another or other Driver and/or Riders driving to or through those destinations. Pangreen merely provides a venue for the above services. Pangreen does not provide any vehicle, driver, or rider in order to complete these services. For purposes of this Agreement these services shall collectively be defined as the "Services."
This Agreement describes the terms and conditions that will govern Your use and participation of Our Services. Our Services include (but are not limited to) (1) the services available under the domain and sub-domains of www.pangreen.com (the "Site") and (2) any Pangreen service or "widget" embedded on a third-party website.
Please read this Agreement carefully before using Our Services. You must read, agree with, and accept all of the terms and conditions contained in this User Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before You may use any of Our Services. By using any of Our available Services, You become a user (“User” or “Participant”) of all Services available on the Site, and You must agree to be bound by the terms and conditions of this Agreement.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. We may amend this Agreement at any time by posting the amended terms on the Site. All amended terms shall automatically be effective when initially posted on the Site. This Agreement may not be otherwise amended except in a writing signed by both You and Pangreen.
Our Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, Our Services are not available to children (persons under the age of 18) or to temporarily or indefinitely terminated Participants. By becoming a Participant, You represent and warrant that You are at least 18 years old. By using the Site or Our Services, You represent and warrant that You have the right, authority, and capacity to enter into this Agreement and to be bound by the terms and conditions of this Agreement.
YOUR ACCOUNT AND PASSWORD
As the sole authorized user of Your account, You are responsible for maintaining the confidentiality of any password provided by You or Pangreen for accessing Our Services. You are solely and fully responsible for all activities that occur under Your account. Pangreen has no control over the use of any User's account and hereby expressly disclaims any liability whatsoever derived therefrom.
Your Information is any information You provide, publish, or display ("post") to the Site or send to other Users through the Site ("Your Information"). You are solely responsible for the content of Your Information and for Your interactions with other people in the public. We act only as a passive conduit for Your online posting of Your Information.
When You access the Site and use Our Services, You agree to provide accurate, current, and complete information. You also agree to maintain and update Your Information to keep it accurate, current, and complete. You further agree that Pangreen and other people of the public may rely on Your Information as accurate, current, and complete. You hereby acknowledge that if Your Information is untrue, inaccurate, not current, or incomplete in any respect, Pangreen shall have the right and sole discretion to terminate this Agreement and Your use of Our Services.
Pangreen cannot verify or guarantee the accuracy of the information Users provide to Us on the Site, and We do not control the information provided by other Users that is made available through Our system. Therefore, Pangreen cannot and does not confirm each User's purported identity.
It is possible You may find another User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using this Site, You agree to voluntarily accept and assume such risks. Neither Pangreen nor any organization for which Pangreen facilitates ridesharing with (e.g. ski resorts) is responsible or liable in any way whatsoever for the acts or omissions of Users on the Site.
In order to help You evaluate with whom You are dealing with, Pangreen can link to Users’ Facebook profiles, if such Users supply us with their Facebook account information. We also encourage You to communicate directly with each potential Driver and/or Rider prior to engaging in an arranged ridesharing service.
E-mail communications sent from Us or through Us are designed to make Your Pangreen experience more positive and rewarding. By becoming a Participant, You specifically agree to accept and consent to receiving e-mail communications initiated from Us or through Us, which include, without any limitation, message notification e-mails, e-mails informing You about potential available Drivers and/or Riders, e-mails informing You of Our promotions, and emails informing You of new and existing features of Pangreen.
You hereby agree that You will use Our Services in a manner consistent with any and all applicable laws and regulations. We reserve the right, but are not obligated, to investigate and terminate Your participation in Pangreen, if You have misused the Site or Our Services, or if you behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. These activities are hereafter referred to as “Prohibited Activities.”
You hereby agree that You will not engage in any Prohibited Activities. These Prohibited Activities include, but are not limited to, the following: (a) providing false, inaccurate, or misleading information on the Site, (b) impersonation of any person or entity; (c) stalking or otherwise harassing any person; (d) violation of any law, statute, ordinance or regulation; (e) expressing or implying that any statements You make are endorsed by Pangreen; (f) making any defamatory, abusive, obscene, profane, offensive, threatening, harassing, or illegal statements, including any offensive anatomical or sexual references, or any offensive sexually suggestive or connotative language; (g) interfering with or disrupt Our Services or the Site or the servers or networks connected to Our Services or the Site; (h) posting, emailing, or otherwise transmitting any material that contains software viruses including Trojan horses, worms, time bombs, cancelbots, easter eggs, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (i) infringing on any intellectual property rights, copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (j) creating any liability for Pangreen; (k) selling or otherwise transferring Your Pangreen account and/or ID to a third party; (l) using Our Services in connection with any commercial endeavors whatsoever without the prior express written consent of Pangreen.
Pangreen hereby reserves the right, but is not obligated to, to reject or terminate any User that engage in any Prohibited Activities.
You will defend, indemnify, and hold Pangreen and Our officers, directors, employees, agents, each organization for which Pangreen facilitates ridesharing with (e.g. ski resorts) including such organization’s customers, clients, members, employees, and/or other individuals affiliated with such organization (a "Partnering Organization"), and any other third parties harmless, for any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of Your use of Our Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
In the event that You have a legal dispute with one or more Users or Participants, You hereby agree to release Pangreen (including Our officers, directors, agents, subsidiaries, joint ventures, and employees) as well as all of the Partnering Organizations of Pangreen (e.g. ski resorts) from any and all claims, demands, and damages (direct or indirect, actual or incidental, consequential or punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to Your use of the Site or Our Services.
LIMITATION OF LIABILITY
You hereby acknowledge and agree that Pangreen (including Our officers, directors, agents, subsidiaries, joint ventures, and employees) and all of the Partnering Organizations of Pangreen (e.g. ski resorts) shall not be liable to You whatsoever for any direct or indirect, actual or incidental, consequential or punitive damages of any kind, including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the Site, service interruptions, or damages for the costs of procuring substitute services, arising out of or in connection with the Site, Our Services, or this Agreement, even if We or Our agents or representatives know or have been advised of the possibility of such damages.
You hereby acknowledge that neither Pangreen nor any of Our Partnering Organizations screen the Participants using the Site or Our Services in any way. Therefore, you hereby agree that Pangreen (including Our officers, directors, agents, subsidiaries, joint ventures, and employees) and all of the Partnering Organizations of Pangreen (e.g. ski resorts) (including such organizations’ customers, clients, members, employees, and/or other individuals affiliated with such organizations) shall not be liable for any damages (direct or indirect, actual or incidental, consequential or punitive) of any kind, arising out of the use of the Site or Our Services, including, but not limited to, any communication and/or meeting with other Participants of the Site. Damages may include, without limitation, any physical damages, bodily injury, death, and/or emotional distress and discomfort.
Notwithstanding anything to the contrary contained herein, if Pangreen (including Our officers, directors, agents, subsidiaries, joint ventures, and employees) or any of the Partnering Organization of Pangreen (e.g. ski resorts) (including such organizations’ customers, clients, members, employees, and/or other individuals affiliated with such organizations) is found by a court of competent jurisdiction to be liable for damages, You hereby agree that such liability to You or to any third party in any and all circumstances shall be limited to $50.
ONLINE CONTENT DISCLAIMER
Statements, opinions, advices, offers, or other information or content made available through the Services, but not made directly by Pangreen, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, usefulness, or completeness of those statements, opinions, advices, offers, or other information and content. And We do not adopt, endorse, or otherwise be responsible for the reliability or accuracy of any statement, opinion, or advice made by any party other than Pangreen. Under no circumstances will Pangreen be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Services or transmitted to Participants.
We reserve the right but are not obligated to monitor the materials posted in the public areas of the Services. We shall have the right to remove any such material that in Our sole opinion violates, or is alleged to violate, the laws or regulations or this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. E-mails sent between You and other Participants that are not readily accessible to the general public will be treated by Pangreen as private to the extent required by applicable law.
The Site may contain links to other web sites ("Third Party Sites") as well as articles, photographs, designs, graphics, pictures, texts, video, music, sound, applications, software, information, and other content or items belonging to or originating from third parties (the "Third Party Applications, Software, or Content"). Such Third Party Sites and Third Party Applications, Software, or Content are not investigated, monitored, or checked for accuracy, completeness, or appropriateness by Pangreen. We are not responsible for any content, opinions, reliability, accuracy, or offensiveness contained in the Third Party Sites or any of the Third Party Applications, Software, or Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software, or Content does not imply approval or endorsement by Pangreen. If You decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software, or Content, You hereby assume Your own risks in doing so, and You should be aware that this Agreement will no longer govern the terms and conditions of your usage of any Third Party Site or any Third Party Applications, Software, or Content.
Pangreen cannot guarantee that each User is actually at least the required minimum age of 18. We, therefore, do not accept any responsibility or disclaim any liability for any content, communication, or other use or access of the Site or Our Services by persons under the age of 18 in violation of this Agreement.
We do not promise any specific results from use of the Site or Our Services. We only offer a venue that enables Drivers and Riders to match with each other for ridesharing purposes. We do not offer transportation services and is not a transportation company. We, therefore, have no control over the quality or safety of the transportation that occurs as a result of the arranged ridesharing. And We do not have any control over the truth or accuracy of the of Participants' information listed on the Site. We cannot ensure that a Driver or Rider is who he or she claims to be or that a Driver or Rider will actually complete an arranged service. We disclaim any and all liability related to the use or inability to use the Site or Our Services.
We (including Our subsidiaries, officers, directors, employees, and suppliers) provide the Site and Our Services on an "as is" basis and without any warranty or condition, express, implied, or statutory. We (including Our subsidiaries, officers, directors, employees, and suppliers) hereby specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that Your use of Our Services will be reliable, secure, always available, complete, accurate, current, uninterrupted, error-free, or that Our Services are free of viruses or other harmful components. We disclaim any and all liability resulting from losses and damages based on inability to properly use the Site and Our Services. We also disclaim any and all liability for, and no warranty is made with respect to, connectivity and availability. We are not responsible and disclaim from any liability resulting from any injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from or in connection to using Our Services.
We are not responsible or liable in any manner for any Content posted on the Site or in connection with Our Services. Although Pangreen has rules for User conduct and postings, We do not control and are not responsible for what Users post, transmit, or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content You may encounter on the Site. We are not responsible for the conduct, whether online or offline, of any User of the Site or Our Services. We are not responsible for the use of any personal information that You disclose on the Site or through Our Services. You are solely responsible for Your interactions with other Users. Pangreen and all Partnering Organizations for which Pangreen facilitates ridesharing with (e.g. ski resorts) hereby disclaim all liability, regardless of the form of action, for the acts or omissions of other Participants or Users (including unauthorized users, or "hackers").
We reserve the right to change any and all content, software, and other items used or contained in the Site and any Services offered through the Site at any time without notice. Any reference to a product, service, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply an endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by Pangreen.
You warrant and represent to Pangreen that Your Information is posted by You and that You are the sole author of Your Information. By posting Your Information on our Site, You hereby automatically grant to Pangreen and other Participants, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use Your Information. You may remove Your Information from the Site at any time. If You choose to remove Your Information, the license granted above will automatically expire; however, You acknowledge that Pangreen may retain archived copies of Your Information.
Pangreen does not assert any ownership over Your Information. Rather, as between You and Pangreen, subject to the rights granted to Us in these Terms of Services, You retain full ownership of all of Your Information and any intellectual property rights or other proprietary rights associated with Your Information. In addition, other Participants may post information on our Site that has proprietary rights associated with it, whether or not it is identified as proprietary. Except for that information in the public domain or for which You have been expressly given permission, You hereby agree not to sell, copy, transmit, modify, display, or distribute any such proprietary information of other Participants on the Site.
All intellectual property rights contained on the Site and in Our Services shall be in the ownership of Pangreen absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered), and other similar rights. You acknowledge and agree that any questions, comments, feedback, ideas, suggestions, or any other information about the Site or Our Services ("Submissions"), provided by You to Pangreen, are non-confidential and shall become the sole property of Pangreen. Pangreen shall own exclusive rights, including all intellectual property rights, of these Submissions, and shall be entitled to unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.
Without limiting other remedies, Pangreen may terminate Your participation, remove Your Information, warn our community of Your actions, issue a warning, and/or refuse to provide Our Services to You if: (a) You breach this Agreement or any document this Agreement incorporates by reference; (b) We are unable to verify or authenticate any information You provide to Us; (c) We believe that Your actions may cause financial loss or legal liability for You, Pangreen, Our Users, or one of Our Partnering Organizations; or (d) if We suspect that You have engaged in fraudulent or illegal activity in connection with the Site or Our Services. Any failure on the part of Pangreen to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches.
TERMINATION OF THIS AGREEMENT
You may terminate Your participation in our Services at any time. We may also terminate Your participation in Pangreen.com at any time, for any or no reason, and without any explanation. We maintain sole discretion to bar Your use of our Services in the future. Even after Your participation in Pangreen is terminated, this Agreement will remain in effect between You and Pangreen.
We do not sell or rent Your Information to third parties for their marketing purposes without Your explicit consent. We view protection of Our Users' privacy as very important. We understand clearly that You and Your information is one of our most important assets. We store and process Your information on computers that are protected by physical as well as technological security devices.
You and Pangreen are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
This Agreement shall be governed by the laws of the State of Washington without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced and in full effect. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. This Agreement sets forth the entire understanding and agreement between You and Pangreen with respect to the subject matter hereof. Sections referring to Indemnity, Release, and Limitation of Liability shall survive any termination or expiration of this Agreement.