Terms of Service
Effective date: September 1, 2022
www.pingpoet.com is a product of Ping Poet Products, LLC, with offices in Kirkland, Washington (Ping Poet Products).
These Terms of Service ("Terms") apply to your use of a service provided by Ping Poet Product's website, products, and services (which may be referred to as "Ping Poet Products"). Please read them carefully and let us know if you have any questions.
By using Ping Poet Products, you agree to be bound by these Terms. If you're using a Ping Poet Product on behalf of an organization, you agree to these Terms on behalf of that organization.
All content on Ping Poet Products is protected by intellectual property laws. You'll find a few different types of content on our service.
Ping Poet Product's Content and Brand Features.
Products and service of Ping Poet Products are protected by copyright, trademark, and other laws. Ping Poet Products gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software we provide you to use our service. This license is for the sole purpose of enabling you to use www.pingpoet.com as permitted by these Terms. If you violate these Terms, we may terminate this license.
All rights to Ping Poet Products —except third-party content—are the exclusive property of Ping Poet Products and its licensors. Nothing in these Terms authorizes you to use any of Ping Poet Product's trademarks, logos, domain names, or other distinctive brand features except as otherwise permitted by law.
Ping Poet Products strives to maintain a great service. To that end, we require you to respect these limitations, and we may terminate your account if you don't follow them.
- Don't use Ping Poet Products in a manner that violates any laws, regulations, ordinances, or directives.
- Don't use Ping Poet Products contrary to our policies.
- Don't use Ping Poet Products to do anything threatening, abusive, harassing, defamatory, tortious, or invasive of another person's privacy.
- Don't interfere with the proper functioning of any software, hardware, or equipment on Ping Poet Products.
- Don't engage in any conduct that inhibits anyone else's use or enjoyment of our services, or which we determine may harm Ping Poet Products or our users.
- Don't monitor or copy any material on Ping Poet Products, either manually or through automated means (i.e., scraping), without prior written consent.
We're always working to improve Ping Poet Products and make our services better, so we do reserve some rights. In our sole discretion, we may, at any time—with or without notice—change, eliminate or restrict access to our services, and modify, suspend, or terminate a user account. Ping Poet Products is not liable for any damages as a result of these actions.
Other Sites and Services
Ping Poet Products may contain links to websites, services, and advertisements that we neither own nor control. We don't endorse or assume responsibility for any third-party sites, information, materials, products, or services.
Phone & SMS
You will receive messages to verify your phone number and authenticate your login (if you choose that option). Messages will come from from 10-digit numbers in response to requests to resend the code Message & data rates may apply. Reply to the message with HELP for help or STOP to cancel. Supported carriers: AT&T, Boost Mobile, T-Mobile, Metro PCS, Verizon Wireless, Sprint, U.S. Cellular, Nextel, Virgin Mobile, and others.
Ping Poet Products are only for users 13 years old and older. If we become aware that a child under 13 has created an account, we will terminate that account.
See additional terms related to Payments and Refunds.
Products and service of Ping Poet Products are provided "as is" without any warranties, express or implied.
Ping Poet Products disclaims all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement. (Some states don't allow these disclaimers, so this provision might not apply to you.)
Limitation of Liability
To the fullest extent allowed by law, Ping Poet Products shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from (A) your access to, use of, inability to access, or inability to use Ping Poet Products; (B) any third party conduct or content on Ping Poet Products, including any defamatory, offensive, or illegal conduct of third parties; or (C) any unauthorized access, use, or alteration of your content. (Some states don't allow these limitations, so this provision might not apply to you.)
Arbitration and Opt Out
We'd like to resolve any disputes fairly and quickly. Toward that end, if you have any issue with Ping Poet Products, please contact us and we'll work with you in good faith to try to resolve the matter.
If we can't solve the dispute informally, and if you are a resident of or have your principal place of business in the United States or Canada, you and Ping Poet Products agree to resolve any claim against each other through final and binding arbitration, including claims against Ping Poet Products affiliates, officers, directors, employees and agents, and Ping Poet Products affiliates' officers, directors, employees and agents.
You and Ping Poet Products agree to submit the dispute to a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association (AAA) including the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Consumer-Related Disputes, or, by separate mutual agreement, to another arbitration institution. The AAA's rules and a description of the arbitration process are available at www.adr.org. The location of the arbitration and the allocation of fees and costs shall be determined under the AAA rules, except that Ping Poet Products will reimburse you for all AAA administrative fees in disputes that are subject to the Supplementary Procedures for Consumer-Related Disputes, unless the arbitrator determines that a claim or counterclaim was filed for purposes of harassment or is patently frivolous.
The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses. The Federal Arbitration Act governs all disputes between you and Ping Poet Products. The arbitrator will decide whether a dispute can be arbitrated. If you opt out of the arbitration agreement (as provided below), or if the arbitration agreement is found to be unenforceable, or if you neither are a resident nor have a principal place of business in the United States or Canada, you agree to resolve any claim you have with Ping Poet Products exclusively in a state or federal court located in the County of King County Washington, and to submit to the personal jurisdiction of the courts located in the County of King County, Washington for purpose of litigating all such disputes. Nothing shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the services. To the extent permitted by law, you agree to file any claim you may have against Ping Poet Products within one year after such claim arose. Otherwise, your claim is permanently barred.
Class Action and Trial Waiver
You and Ping Poet Products agree that each may bring disputes against the other only in an individual capacity and not on behalf of any class of people. You and Ping Poet Products agree not to participate in a class action, a class-wide arbitration, claims brought in a representative capacity, or consolidated claims involving another person's account. You and Ping Poet Products agree not to combine a claim subject to arbitration under this agreement with a claim that is not eligible for arbitration under this agreement. You and Ping Poet Products agree to waive the right to a trial by jury for all disputes.
Your Right to Opt Out of Arbitration
You may opt out of the agreement to arbitrate. If you do so, neither you nor Ping Poet Products can require the other to participate in an arbitration proceeding. To opt out, you must notify Ping Poet Products within 90 days of the date that you first agreed to these Terms. To opt out, sending an email to: email@example.com with your written opt-out notice. Your written opt-out notice must include (1) your name and residence address; (2) the email address (or phone number if email address is not available) associated with your account; (3) a clear statement that you want to opt out of this arbitration agreement; (4) date sent, and (5) your signature.
Governing Law and Jurisdiction
These Terms will be governed by the laws of the State of Washington, except for its conflict of laws principles. For claims that aren't subject to arbitration, we each agree to submit to the personal jurisdiction of a state court located in King County, Washington or in the United States District Court for the Western District of Washington.
No waiver of any provision of these Terms shall be a further or continuing waiver of that term. Ping Poet Products' failure to assert any right or provision under these Terms does not constitute a waiver of that right or provision.
The Terms may be modified from time to time. The date of the most recent revisions will always be at https://www.pingpoet.com/policy/terms. You'll agree to accept any changes or revisions to the Terms by continuing to use Ping Poet Products offerings.
We welcome all questions, concerns, and feedback you might have about these terms. If you have suggestions for us, let us know at firstname.lastname@example.org.