Effective Date Jan 05, 2021
These Terms and Conditions ("Terms and Conditions") set forth the general terms and conditions of your use of AXAD, LLC DBA PingCall’s www.pingcall.com website ("Website") and any of their related products and services (collectively, "services") and use of any of AXAD, LLC DBA PingCall’s or third-party’s trademarks, images, text, or other data displayed through the services (collectively, "Content"). This agreement is legally binding between you ("user," "you" or "your") and AXAD, LLC DBA PingCall, a New York Limited Liability Company ("AXAD ", “PingCall”, "we," "us" or "our"). By accessing and using the services, you acknowledge that you have read, understood, and agree to be bound by the terms of this agreement. If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such an entity to this agreement, in which case the terms "user," "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the services. You acknowledge that this agreement is a contract between you and PingCall, even though it is electronic and is not physically signed by you, and it governs your use of the services. This agreement is intended to supplement any additional terms of sale or conditions that are imposed by PingCall for use of our services that you explicitly or implicitly agree to when transacting with our company.
You must be at least 18 years of age to use the services. By using the services and by agreeing to this agreement you warrant and represent that you are at least 18 years of age. My may, in our sole and absolute discretion, establish a system for you to create an account on the services. If you create an account on the services, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our services. We may block your email address and Internet protocol address to prevent further registration.
By using PingCall’s services and Content you are granted a limited, nonexclusive, non-sublicensable, non transferable, revocable, limited license to access and use the services and Content in accordance with this agreement. PingCall may terminate this license at any time for any reason. No other license rights or title or ownership are granted except as expressly set forth in this agreement.
Occasionally there may be information on the services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the services or services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the services including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the services should be taken to indicate that all information on the services or services has been modified or updated.
In addition to other terms as set forth in the agreement, you are prohibited from using the services or content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the services, third party products and services, or the Internet. We reserve the right to terminate your use of the services and to restrict your access to content for violating any of the prohibited uses. You hereby agree not to use the content except for your own personal use and enjoyment of the services offered by PingCall.
"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This agreement does not transfer to you any intellectual property owned by PingCall or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with PingCall. All trademarks, service marks, graphics and logos used in connection with the services, are trademarks or registered trademarks of PingCall or its licensors. Other trademarks, service marks, graphics and logos used in connection with the services may be the trademarks of other third parties. Your use of the services grants you no right or license to reproduce or otherwise use any of PingCall or third-party trademarks. Trademarks or other intellectual property of other companies that may be displayed on PingCall’s Website or through the services are owned by the respective company that owns the rights to such Trademarks or intellectual property.
Although the services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the services. Your linking to any other off-site resources is at your own risk. If the services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We may have these links on our services at our sole and absolute discretion. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against PingCall with respect to such other third-party provided services. PingCall is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting PingCall to disclose your data as necessary to facilitate the use or enablement of such other service.
This Website may contain express or implied forward-looking statements about Ping Call’s financial and operating performance, business plans and prospects and product candidates currently in development that involve substantial risks and uncertainties, which are based on current expectations of management. These statements are in no way guarantees of future performance and involve certain assumptions that are difficult to predict with regard to timing, extent, likelihood and degree of occurrence. Therefore, actual results may differ materially from the expectations and projections set forth in those statements. Such risks and uncertainties include, among other things, management’s plans, objectives, and strategies; competitive developments; the uncertainties inherent in pharmaceutical research and development; Ping Call’s ability to successfully complete pre-clinical or clinical development of its product candidates; decisions by regulatory authorities regarding whether and when to approve Ping Call’s product candidates; challenges to the validity and enforcement of Ping Call’s patents; Ping Call’s ability to successfully commercialize its product candidates, if approved; governmental laws and regulations affecting health care, including, without limitation, regarding pharmaceutical product access, pricing and reimbursement; and general economic conditions. Ping Call assumes absolutely no obligation to update, amend or clarify any forward-looking statements appearing on this Website as a result of new information, future events or otherwise and such statements are current only as of the date they are made.
This Website may contain express or implied forward-looking statements about PingCall’s financial and operating performance, business plans and prospects and product candidates currently in development that involve substantial risks and uncertainties, which are based on current expectations of management. These statements are in no way guarantees of future performance and involve certain assumptions that are difficult to predict with regard to timing, extent, likelihood and degree of occurrence. Therefore, actual results may differ materially from the expectations and projections set forth in those statements. Such risks and uncertainties include, among other things, management’s plans, objectives, and strategies; competitive developments; the uncertainties inherent in pharmaceutical research and development; PingCall’s ability to successfully complete pre-clinical or clinical development of its product candidates; decisions by regulatory authorities regarding whether and when to approve PingCall’s product candidates; challenges to the validity and enforcement of PingCall’s patents; PingCall’s ability to successfully commercialize its product candidates, if approved; governmental laws and regulations affecting healthcare, including, without limitation, regarding pharmaceutical product access, pricing and reimbursement; and general economic conditions. PingCall assumes absolutely no obligation to update, amend or clarify any forward-looking statements appearing on this Website as a result of new information, future events or otherwise and such statements are current only as of the date they are made.
If you are a California resident, we are required to inform you that you may reach the Complaint Assistance Unit of the Division of Consumer services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700.
You expressly understand and agree to the maximum extent permitted by law, this website and other information on or accessible from this website are provided “as is” with all faults and without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement. specifically, but without limitation, pingcall, its affiliates, their respective officers, directors, employees, agents, suppliers, or licensors, do not warrant that: (i) the information available through this website is up-to-date or free of errors; (ii) the content, functions or services provided by this website will be uninterrupted, secure or free of errors; (iii) defects will be corrected; or (iv) that this website or the server(s) that makes it available are free of viruses or other harmful components. you expressly agree that your use of this website is at your sole risk, including but not limited to the risk of any unauthorized disclosure or intentional intrusion, or of any delay, failure, interruption or corruption of data or other information transmitted in connection with the use of this website. pingcall and its affiliates and licensors cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others. if your use of the website or its contents results in the need for servicing or replacing equipment or data, pingcall nor its affiliates, their respective officers, directors, employees, agents, suppliers, or licensors shall be responsible for those costs. any reliance you place on such information contained on our website is strictly at your own risk.
In no event shall pingcall, or any of its affiliates, their respective officers, directors, employees, agents, Suppliers, or licensors be liable to you, any other user of this website, third-party providers or any other Person or entity for any special, incidental, punitive, consequential, exemplary or other indirect damages (including without limitation damages for loss of profits, loss of data, loss of use or costs of obtaining Substitute goods or services), whether foreseeable or unforeseeable, arising out of the use, inability to use, Unauthorized access to or use or misuse of this website, whether based upon warranty, contract, tort (including Negligence) or otherwise, even if we have been advised of the possibility of such damages or losses. In the Event of any problem with this website, you agree that your sole and exclusive remedy is to cease using this Website. Pingcall and its affiliates, their respective officers, directors, employees, agents, suppliers, or Licensors disclaim all warranties, including, but not limited to, the warranties of title, merchantability, Non-infringement of third parties rights, and fitness for particular purpose. The limitations, exclusions and Disclaimers set forth in this section will not apply only if and to the extent that the law or a court of Competent jurisdiction requires liability under applicable law beyond and despite these limitations, exclusions And disclaimers.
You agree to defend, indemnify and hold harmless pingcall, its licensors, its officers, directors, employees, Agents, members, attorneys, representatives, trustees and affiliates from and against any and all losses, Expenses, damages, rights, claims, causes of action, injuries (including death), demands and costs (including, But not limited to, reasonable attorneys’ fees, accounting fees, and costs) resulting from any violation or Breach by you of these terms and conditions, your violation of any rights of another or your access to, use or Misuse of our website and its contents. We shall provide notice to you of any such claim, demand, suit, or Proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to Indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Our defense of such matter. You may not settle or compromise any claim against pingcall, its licensors, its Officers, directors, employees, agents, members, attorneys, representatives, trustees and affiliates without our Prior written consent. If you are a california resident, you waive california civil code section 1542, which Says: “a general release does not extend to claims which that the creditor or releasing party does not know or Suspect to exist in his or her favor at the time of executing the release and that, which if known by him or Her, must would have materially affected his or her settlement with the debtor or releasing party.” if you are a Resident of another jurisdiction, you waive any comparable statute or doctrine.
Any cause of action or claim you may have arising out of or relating to this agreement or the services must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
These Terms and Conditions are effective unless and until terminated by either you or PingCall. You may terminate these Terms and Conditions at any time, provided that you discontinue any further use of this Website. We also may terminate these Terms and Conditions, in our sole and absolute discretion, at any time and may do so immediately and without notice, and accordingly deny you access to this Website. Termination shall not affect the respective rights and obligations of you or PingCall arising before the date of termination. In addition, we reserve the right, in our sole and absolute discretion, to restrict, suspend, or terminate your access to all or any part of the Website or its contents at any time and for any reason without prior notice or liability.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations may not apply to you. in such states, the liability of the pingcall and its affiliates, their respective officers, directors, employees, agents, suppliers, or licensors shall be limited to the greatest extent permitted by law.
All matters relating to the services and this agreement, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the services shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement.
You acknowledge that you have read this agreement and agree to all its terms and conditions. By accessing and using the services you agree to be bound by this agreement. If you do not agree to abide by the terms of this agreement, you are not authorized to access or use the services. By ordering from this website you are agreeing to all the Terms and Conditions from this page.
We reserve the absolute right to investigate and prosecute any suspected breaches of these Terms and Conditions. We may disclose any information as necessary or required by us to satisfy any law, regulation, legal process, or governmental request.
You may not assign or transfer your rights or obligations hereunder in whole or in part to any third party without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of our rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of our assets or stock or as part of a merger.
Each and all of the covenants, terms, provisions and agreements contained herein shall be binding upon and inure to the benefit of Employee’s heirs, legal representatives, successors and permitted assigns.
These Terms and Conditions shall not be interpreted or construed to create an association, joint venture, agency relationship, or partnership between the Parties or to impose any partnership obligation or partnership liability upon either Party. Neither Party shall have any right, power or authority to enter into any agreement or undertaking for, or act on behalf of, or to act as or be an agent or representative of, or to otherwise bind, the other Party.
The headings herein are for convenience only, do not constitute a part of these Terms and Conditions and shall not be deemed to limit or affect any of the provisions hereof.
In case any provision in these Terms and Conditions shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.
Any information submitted or provided by you to the Website could possibly be publicly accessible. Important and private information should be protected by you, anything you share is at your own risk. We are not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use.
PingCall reserves the absolute right to change these Terms and Conditions from time to time for any reason in our sole discretion and without prior notice. All changes are effective immediately when we post them to this Website and your continued use of this Website following the posting of revised Terms and Conditions mean that you accept and agree to the changes; provided that any such changes shall only apply to your use of this Website after the date of such change, unless you expressly accept retroactive application of such changes, via a click-through, signed agreement or otherwise. You understand and agree that we may change these Terms and Conditions at any time without prior notice. You should periodically visit this page to review the current Terms and Conditions so you are aware of any revisions. You may read a current, effective copy of Terms and Conditions at any time by selecting the “Terms and Conditions” link on the Website. If any change to this agreement is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Website.
If you have any questions about these Terms and Conditions, please contact us at: [email protected]