Terms of Use

Pangolin family of websites Terms and Conditions of Use

The Terms and Conditions of Use (the “Terms”) apply to all visitors, vendors, customers, merchants, and/ or contributors of content on Pangolin Laser Systems’ family of websites, including, but not limited to, www.Pangolin.com, www.PangolinSMS.com, www.PangolinShows.com, www.PangolinPlugins.com, www.PangoBright.com, www.lasorb.com, www.ScannerMax.com and www.LasershowProjector.com,www.Laserscanningbook.com in addition to all relevant subdomains and subdirectories (each, a “Website,” and collectively, “Websites”).  Each of our Websites may have different purposes.  If you have any questions or concerns regarding the Terms, please contact us.

We also have a Privacy Policy and Cookie Policy  and may have other terms, legal notices, agreements, policies and conditions applicable to various activities on our Websites, including terms and conditions that may apply to specific portions or features of a Website, all of the foregoing of which are incorporated herein by reference, and shall, together with the Terms, constitute a contractual agreement between Pangolin Laser Systems, Inc. (“Pangolin”) and you.

You must accept the Terms, in full, before using any Website.  By accessing any Website, you are agreeing to be bound by the Terms, additional terms and conditions and policies referenced herein and/or available by hyperlink, all applicable laws and regulations and agree that you are responsible for compliance with any applicable local laws.  If you do not agree to the Terms, you are expressly prohibited from using any Website.

You can accept the Terms by proceeding to use the Websites and/or clicking on the checkbox, the button labeled “I Agree” or such similar labels as may be designated by Pangolin to accept the Terms.

1. Intellectual Property

All content or materials provided on or through the Websites, such as designs, text, graphics, pictures, video, information, software, code, logos, button icons, images, trademarks, service marks, audio clips, digital downloads, data compilations and other content and materials posted on the Websites are the property of Pangolin (or, its content suppliers), its affiliates and licensors, with all rights reserved, and protected by United States and international copyright laws.  In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through all Websites are trademarks or trade dress of Pangolin in the U.S. and other countries.  With the exception of those rights otherwise granted in writing, Pangolin’s trademarks and trade dress may not be used in connection with any product or service that is not Pangolin’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Pangolin.  You may not reuse or redistribute any part of the Websites for any reason, without prior express written permission.  All other trademarks not owned by Pangolin that appear in any Pangolin Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Pangolin.

2. Reviews, Comments, Discussions, Forums and Other Content

Various Pangolin Websites and forums may enable users to post reviews, comments, photos and/or other content and communications.  You may not post user generated content (“UGC”) that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable, and may not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “SPAM.” By providing UGC, you are explicitly accepting and consenting to our User Generated Content Guidelines and Digital Millennium Copyright Act Policy.

You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of UGC.  We reserve the right (but not the obligation) to remove or edit UGC, but does not regularly review posted UGC.  If you do post UGC, and unless we indicate otherwise, you grant Pangolin a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media.  You grant Pangolin and sublicensees the right to use the name that you submit in connection with such UGC, if we/they choose.  You represent and warrant that you own or otherwise control all of the rights to the UGC that you post, that the UGC is accurate, that use of the UGC you supply does not violate the Terms and will not cause injury to any person or entity, and that you will indemnify Pangolin for all claims resulting from content you supply.   Pangolin takes no responsibility and assumes no liability for any UGC posted by you or any third-party.

3. Copyright Complaints

Pangolin respects the intellectual property of others.  If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our notice procedures for making such claims.

Pangolin’s Copyright Agent for notice of claims of copyright infringement on its Websites can be reached as follows:  Copyright Agent – Pangolin Laser Systems, Inc., 1265 Upsala Road, Suite 1165, Sanford, FL 32771 USA phone: +1 407 299 2088, fax: +1-407-299-6066, e-mail: contact@scannermax.com. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide Pangolin with the following information in a written communication:

1. Detailed identification of the copyright content claimed to have been infringed, or, if multiple copyrighted works at a single online locating are covered by a single notification, a representative list of such works at that site;
2. Detailed identification of the content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Pangolin to locate the material;
3. Information reasonably sufficient to permit Pangolin to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;
4. The following statement: “I have a good faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
5. The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and
6. A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

A Digital Millennium Copyright Act (“DMCA”) Takedown Notice must comply with the form outlined above.  Please note that this procedure is exclusively for notifying Pangolin of copyright infringement.  A complaining party may be liable for damages (including costs and legal fees) if they materially misrepresent that copyright infringement has occurred.

Counter-Notice

If you dispute the allegations contained within a Takedown Notice and believe them to be unjustified, please provide Pangolin with the following information in a written communication (preferably via email to contact@scannermax.com).

1. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or access to it was disabled;
2. Your name, address and telephone number;
3. The following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]”;
4. The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
5. The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected content was removed or disabled as a result of a mistake or misidentification of the content to be removed or disabled”; and
6. Your signature, in physical or electronic form.

A DMCA Counter-Notice must comply with the form outlined above.  Please note that this procedure is exclusively for notifying Pangolin of bogus copyright infringement allegations.  The DMCA creates liability for a wrongful Counter-Notice, including damages.

For additional information, please see the Pangolin DMCA Copyright Act Policy.

4. Disclaimer of Warranties and Limitation of Liability

THE WEBSITES AND ALL CONTENT CONTAINED ON OR MADE AVAILABLE THROUGH THE WEBSITES ARE PROVIDED BY PANGOLIN ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.  PANGOLIN AND ITS REPRESENTATIVES OR AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR RELIABILITY OF THE WEBSITES AND CONTENT CONTAINED ON OR MADE AVAILABLE THROUGH THE WEBSITES, UNLESS OTHERWISE SPECIFIED IN WRITING.  YOU EXPRESSLY AGREE THAT YOUR USE OF SAME IS AT YOUR SOLE RISK.  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PANGOLIN AND ITS REPRESENTATIVES OR AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, UNLESS OTHERWISE SPECIFIED IN WRITING.   PANGOLIN AND ITS REPRESENTATIVES OR AGENTS DO NOT WARRANT THAT THE WEBSITES AND ALL CONTENT CONTAINED ON OR MADE AVAILABLE THROUGH THE WEBSITES, PANGOLIN’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM PANGOLIN AND ITS REPRESENTATIVES OR AGENTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  

PANGOLIN AND ITS REPRESENTATIVES OR AGENTS WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS OF USE OF ANY KIND ARISING OR RESULTING FROM THE USE OF THE WEBSITES AND ALL CONTENT CONTAINED ON OR MADE AVAILABLE THROUGH THE WEBSITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES OR OTHER COSTS, EXPENSES OR DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS), EVEN IF PANGOLIN AND ITS REPRESENTATIVES OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.  

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

5. Indemnity 

You agree, at your own expense, to defend, indemnify and hold harmless Pangolin (including its officers, directors, employees and agents) from and against any third-party liabilities, claims, demands or suits asserting a claim or claims against Pangolin as a result of injury caused by your use of the Websites, or in violation of applicable law, rule or regulation.  You agree to pay all damages awarded or agreed to under a settlement of such claim (provided, however, you may not enter into any settlement that imposes a financial obligation or admission of liability on Pangolin without Pangolin’s prior written consent).

6. Notices

All notices, requests, consents and other communications required, or permitted hereunder shall be provided in writing and delivered by personal service (which shall include delivery by delivery service and overnight delivery service), sent via e-mail to contact@scannermax.com (but only if receipt of the e-mail is confirmed by the receiving party), or mailed by United States certified mail as follows: Pangolin Laser Systems, Inc., 1265 Upsala Road, Suite 1165, Sanford, FL 32771 USA.  If for you: at the shipping or electronic mail address, or other contact information that you have provided.  Such communications shall be effective on receipt when personally delivered or confirmed via e-mail, and effective three (3) business days following deposit with the mail carrier for all other allowable forms of notice.

7. Linked Websites

Pangolin has not reviewed all of the third-party websites linked to its own Websites and is not responsible for the contents of any such linked websites.  Pangolin does not own, operate or control such third-party websites.  The inclusion of any link does not imply endorsement by Pangolin of the third-party website.  Use of any such linked, third-party website is at the user’s own risk.  You should carefully review third-party privacy statements and other conditions of use.  Creating or maintaining any link from another website to any page on any of Pangolin’s Websites, without prior express written permission, is prohibited.

8. Governing Law

Any claim, dispute or controversy relating to the Terms shall be governed and construed exclusively in accordance with the laws of the United States and the State of Florida, without regard to any jurisdiction’s conflicts of law rules.  If, for any reason, a court of competent jurisdiction finds any provision of the Terms to be unenforceable, that provision of the Terms shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the remainder of the Terms shall continue in full force and effect.  Venue and jurisdiction for any legal action shall be in the state or federal courts for Orange County, Florida.

9. Dispute Resolution, Mandatory Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND PANGOLIN HAVE AGAINST EACH OTHER ARE RESOLVED.

If a dispute arises between you and Pangolin, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly.  Disputes between you and Pangolin may always be reported via email to contact@scannermax.com, or by calling +1 407 299 2088, Monday through Friday from 10AM EST to 6PM EST.

You and Pangolin agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Terms, Privacy Policy, other terms, legal notices, agreements, policies and conditions applicable to your use of or access to various activities on our Websites, and all content contained on or made available through the Websites, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

You agree that the laws of the State of Florida (USA), without regard to principles of conflict of laws, will govern the Terms and any claim or dispute that has arisen or may arise between you and Pangolin, except as otherwise stated herein.

YOU AND PANGOLIN EACH AGREE THAT ANY AND ALL DISPUTES OR CLAIMS THAT HAVE ARISEN OR MAY ARISE BETWEEN YOU AND PANGOLIN RELATING IN ANY WAY TO OR ARISING OUR OF THIS OR PREVIOUS VERSIONS OF THE TERMS, PRIVACY POLICY, OTHER TERMS, LEGAL NOTICES, AGREEMENTS, POLICIES AND CONDITIONS APPLICABLE TO YOUR USE OF OR ACCESS TO VARIOUS ACTIVITIES ON OUR WEBSITES, AND ALL CONTENT CONTAINED ON OR MADE AVAILABLE THROUGH THE WEBSITES, SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in court if your claim is worth less than $10,000 and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.  The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.

YOU AND PANGOLIN AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND PANGOLIN AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.  ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).  ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

Arbitration is more informal than a lawsuit in court.  Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited.  However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.  An arbitrator should apply the terms of the Terms as a court would.  All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of the Terms, or the interpretation of the prohibition of class and representative actions and non-individualized relief, shall be for a court of competent jurisdiction to decide.

If you are based in the United States, the arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this agreement to arbitrate.  The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.  The use of the word “arbitrator” herein shall not be construed to prohibit more than one arbitrator from presiding over an arbitration, rather the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this agreement to arbitrate.  If you are based internationally, the arbitration will be conducted under the rules of the International Chamber of Commerce, International Court of Arbitration.

A party who intends to seek arbitration must first send to the other a notice of dispute (“Notice”).  The Notice to Pangolin should be sent in writing and delivered by personal service (which shall include delivery by delivery service and overnight delivery service), sent via e-mail to contact@scannermax.com (but only if receipt of the e-mail is confirmed by Pangolin), or mailed by United States certified mail as follows:  Pangolin Laser Systems, Inc.,1265 Upsala Road, Suite 1165, Sanford, FL 32771 USA, Attn: Office Manager, Re: Notice of Dispute.   Pangolin will send any Notice to you via certified mail to the shipping address you have provided, via electronic mail (but only if receipt of the e-mail is confirmed by you) or other contact information that you have provided.  It is your responsibility to keep your physical address up to date.  All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.

If you and Pangolin are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or Pangolin may initiate arbitration proceedings.  A form for initiating U.S.-based arbitration proceedings is available on the AAA’s site at www.adr.org.  In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party.  You may send a copy to Pangolin at the following address: Pangolin Laser Systems, Inc., 1265 Upsala Road, Suite 1165, Sanford, FL 32771 USA.

In the event Pangolin initiates an arbitration against you, it will send a copy of the completed form to the contact information that you have provided.  Any settlement offer made by you or Pangolin shall not be disclosed to the arbitrator.

The arbitration shall be held in the county in which you reside or at another mutually agreed location.  If the value of the relief sought is $10,000 or less, you or Pangolin may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Pangolin subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant.  In cases where an in-person hearing is held, you and/or Pangolin may attend by telephone, unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Florida, including recognized principles of equity, and will honor all claims of privilege recognized by law.  The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Pangolin user to the extent required by applicable law.  The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules or the ICC (as applicable), unless otherwise stated in this agreement to arbitrate.  If the value of the relief sought is $10,000 or less, at your request, Pangolin will pay all filing, administration, and arbitrator fees associated with the arbitration.

Any request for payment of fees by Pangolin for U.S.-based arbitration proceedings should be submitted by mail to the AAA along with your demand for Arbitration and Pangolin will make arrangements to pay all necessary fees directly to the AAA.  If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, Pangolin will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the costs of accessing arbitration from being prohibitive.  In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Pangolin for all fees associated with the arbitration paid by Pangolin on your behalf that you otherwise would be obligated to pay under the applicable arbitration rules.

With the exception of any of the provisions regarding “Prohibition of Class and Representative Actions” and “Non-Individualized Relief,” if an arbitrator or court decides that any part of this arbitration agreement is invalid or unenforceable, the other parts of this arbitration agreement shall still apply.  If an arbitrator or court decides that any of the provisions regarding “Prohibition of Class and Representative Actions” and “Non-Individualized Relief” is/are invalid or unenforceable, then the entirety of this agreement to arbitrate shall be null and void.  The remainder of the Terms and this arbitration agreement, including, but not limited to, the legal disputes provisions, shall continue to apply.

YOU CAN CHOOSE TO REJECT THIS ARBITRATION AGREEMENT BY MAILING PANGOLIN A WRITTEN “OPT-OUT” NOTICE.  THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU FIRST ACCEPT THE TERMS.  YOU MUST MAIL THE OPT-OUT NOTICE TO PANGOLIN LASER SYSTEMS, INC., ATTN: LEGAL DEPARTMENT, RE: OPT-OUT NOTICE, 1265 UPSALA ROAD, SUITE 1165, STANFORD, FL 32837 USA.  YOU MUST PROVIDE YOUR NAME, ADDRESS (INCLUDING ZIP CODE) AND E-MAIL ADDRESS.

 

Notwithstanding any provision in the Terms to the contrary, you and Pangolin agree that if we make any amendment to the arbitration agreement in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Pangolin prior to the effective date of the amendment.  The amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and Pangolin.  We will notify you of amendments to this agreement to arbitrate by posting the amended terms on the applicable Website(s) at least thirty (30) days prior to the effective date of the amendments.

Unless you and Pangolin agree otherwise, in the event that this agreement to arbitrate is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Pangolin must be resolved exclusively by a state or federal court located in Orange County, Florida, USA  You and Pangolin agree to submit to the personal jurisdiction of the courts located within Orange County, Florida, USA for the purpose of litigating all such claims or disputes.  Nothing contained herein shall exclude any right you may have as a consumer under your local law to request or require an alternative jurisdiction.  In connection with any litigation, including appellate proceedings, arising out of or under the Terms, Pangolin shall be entitled to recover reasonable out-of-pocket costs and reasonable attorneys’ fees.

You agree to file any claim regarding any aspect of the Websites within two (2) years of the time in which the events giving rise to such claim took place, otherwise, any such claim is waived and permanently barred.  You agree that any cause of action arising out of use of or related in any way to the Websites must commence within two (2) years after the cause of action, otherwise, any such cause of action is waived and permanently barred.

10. Legal Use

Children and individuals under the age of eighteen (18) years are not allowed to use the Websites.  By using the Websites, you warrant that you are at least eighteen (18) years of age and have full legal capacity.  If you are under the age of eighteen (18), we ask that you please not use the Websites under any circumstances.

You may use the Websites only as permitted by the Terms and only in a manner consistent with all applicable international, federal and state laws, rules and regulations, and generally accepted practices or guidelines in relevant jurisdictions, including any laws governing the export of data to or from the United States.  Although you may access the Websites from other territories around the world, by accessing the Websites you agree that their use, the use of any material contained on the Websites and the use of all services and features provided, will be governed by the laws and courts of Florida, USA, regardless of where you live, or how these laws may differ from the laws of the country from which you are accessing the Websites.  You may use the Websites only in accordance with the Terms and only for lawful purposes.  You may not abuse the Websites in any way, or use any automated software when accessing and using the Websites.  You may not use the Websites in any manner that violates any law, regulation, treaty or tariff or infringes on the legal rights of any third-party, or in any manner which is defamatory, fraudulent, indecent, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.  You may not post content that is offensive or deceptive, to threaten, harass, abuse or intimidate others, to damage the name or reputation of Pangolin or the Websites, its affiliates, or subsidiaries, or in any manner whatsoever which interferes with other persons’ use of services provided by the Websites.  You are prohibited from storing, posting, distributing or transmitting any unlawful content at or through the Websites.  Examples of unlawful content include but are not limited to direct threats of physical harm, stalking, copyrighted, trademarked and other proprietary material used without permission.  Additional prohibited content includes, but is not limited to, programs containing Trojan horses, virus and/or tools to compromise the security of the Websites and/or other sites, suggestions or encouragement of illegal activity, duplicative posting,  “phishing,” “spimming” or “spamming.”  By accessing the Websites, you agree to provide truthful, current, accurate and complete information about yourself.

11. International Use

The Websites may be viewed internationally and may contain references to products or services not available in all countries.  References to a particular Pangolin product or service do not imply that such product or service is appropriate or available to all persons of legal purchasing age in all locations, or that Pangolin intends to, or is able, to make such product or service available in such locations.  Any offer for any product, feature or service made on the Websites is void where prohibited.

12. Modifications

Pangolin reserves the right to update, change or replace any part of the Terms of Service by posting updates and/or changes the Websites.  It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

13. Privacy

Please review our Privacy Policy and Cookie Policy, which also governs your use of the Websites, to understand our privacy and data practices.  By using or accessing the Websites, you agree that Pangolin can collect and use such user generated content and personal information in accordance with the foregoing policy/policies, as amended from time to time.

14. Provisions Applicable to Users Outside of the United States

The following provisions apply to visitors, vendors, customers, merchants, and/ or contributors of content that may interact with the Websites outside of the United States.

You consent to having your personal data transferred to and processed in the United States.  Like most Internet websites, the Websites are accessible worldwide.  However, not all products or services offered by Pangolin are available to all persons or in all geographic locations.  Pangolin reserves the right to limit the provision of its products and services to any person, geographic area, or jurisdiction and to limit the quantities of any products or services that it provides.  If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on the Websites.  You will not use the Websites if you are prohibited from receiving products, services, or software originating from the United States.

15. Entire Agreement

The Terms constitute the entire agreement with respect to the use of the Websites, and supersedes all prior or contemporaneous understandings or agreements, written or verbal, regarding such subject matter.  No amendment to or modification of the Terms shall be binding unless in writing and signed by Pangolin Laser Systems, Inc.

16. No Waiver and Severability

Pangolin’s failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision.  Pangolin’s performance under the Term is subject to existing laws and legal process, and nothing contained in the Terms is in derogation of our right to comply with governmental, court and law enforcement requirements with regards to your use of the Websites.  If any provision or portion of the Term is held illegal, invalid, or unenforceable, in whole or in part, it shall be modified to the minimum extent necessary to correct any deficiencies or replaced with a provision which is as close as is legally permissible to the provision found invalid or unenforceable and the replacement, if any, shall not affect the legality, validity or enforceability of any other provisions or portions of the Terms, and all other provisions of the Terms shall remain in full force and effect.

17. User Suggestions

Unless otherwise expressly agreed to in writing by Pangolin, all suggestions, solutions, improvements, corrections and other contributions related to the Websites (“User Suggestions”) are freely offered to Pangolin without any claim to ownership or confidentiality by you or any obligation for implementation by Pangolin.  In the event that Pangolin implements a User Suggestion, such implementation shall be owned by Pangolin and nothing in the Terms shall preclude Pangolin from implementing and using the know-how, techniques or procedures acquired by Pangolin.

18. No Third-Party Beneficiaries

No provision of the Terms is intended or shall be construed to provide or create any third-party beneficiary right or any other right of any kind in any person or entity, other than the parties and their successors and assigns.

19. Additional Assistance

If you have any questions or concerns about the Terms, any of our Websites or any Pangolin products or services, please contact us, call us at call us at +1 407 299 2088, or write to us at: Pangolin Laser Systems, Inc., 1265 Upsala Road, Suite 1165, Sanford, FL 32771 USA.