Terms of Use
The Terms of Service set forth herein (“Agreement”) constitute the full and complete Agreement between you (“You” or “Your”) and Drop Pin Inc. (hereinafter referred to as “Drop Pin” or “We” or “Our” or “Us”). The website www.DropPinInc.com (the “Site”) is controlled by Drop Pin. Your agreement to be bound by these terms of Service (“Terms”) and our Privacy Policy is expressly acknowledged by your use of the Site (“User”). The terms contained herein supersede and replace any other Agreement between You and Drop Pin whether oral, written or otherwise at any time. To access the Terms of Service for DropPinTech.com click here.
1. SERVICES
1. Drop Pin provides nationwide installation services and support for financial, retail, and commercial industries (the “Services”).
2. YOUR USE
2.1 USER-PROVIDED INFORMATION. Some features of the Site may require you to provide information such as your name and e-mail address. You agree to provide true, accurate, current, and complete information about yourself as prompted by any of the Site’s data entry forms.
2.2 Communications. You agree to receive periodic emails, messages, and telephone calls from Drop Pin and its trusted third-party service providers. You can opt out of these types of communication by contacting via email at {insert email].
3. SUSPENSION AND TERMINATION
Drop Pin may suspend or terminate Your use of the Site at its sole discretion for any reason set forth herein or in the event that You breach any term of this Agreement. If your account is Terminated any and all of Your information may be removed from the Drop Pin system and servers. This information may not be available to you after termination of Your Account.
Any such termination shall not affect Drop Pin’s rights or remedies available under this Agreement and under California Law.
4. ACCEPTABLE USE
Drop Pin strictly enforces compliance with its acceptable use terms set forth below.
4.1. You agree that You will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
4.2. You agree not take any action that will cause any harm to minors of any kind or to perform any activity which is likely to cause such harm.
4.3. You agree not to transmit any unsolicited commercial or bulk email.
4.4. You agree to use the Site Services only for the purposes intended under this Agreement.
4.5. You agree not to make or attempt any unauthorized access to the Drop Pin server or to any Drop Pin account holder’s account.
4.6. You agree not to undertake any action which is harmful or potentially harmful to the Drop Pin server structure.
5. MODIFICATION TO THE SITE AND SERVICES OFFERED.
Drop Pin reserves the right to make any changes, additions or discontinue all or part of the Site or Site Services without prior notice to You.
6. WARRANTIES AND LIMITATIONS
6.1. Drop Pin is committed to maintain the operation of Site, however, Drop Pin does not in any way warrant or otherwise guarantee the availability of the Site or Site Services and is not responsible for any delay or loss of data or any other such issues.
6.2. DROP PIN SITE AND SITE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
6.3. THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE, SHALL BE THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO DROP PIN IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL DROP PIN BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.
6.4. THERE SHALL BE NO WARRANTY OR GUARANTEE OF ANY KIND OTHER THAN AS MAY BE EXPRESSLY STATED HEREIN.
7. INDEMNITY
7.1. You agree to fully defend and indemnify and hold harmless Drop Pin of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys’ fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this Agreement or Your negligence whether active or passive or any negligence of Drop Pin in any way related to Your use of the Drop Pin Site or Site Services or any portion thereof.
7.2. You assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to the Site. You further agree to defend and indemnify and hold harmless Drop Pin of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys’ fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of Your confidential account information. Choice of counsel remains exclusively that of Drop pin.
8. OWNERSHIP OF INTELLECTUAL PROPERTY; CONFIDENTIALITY.
8.1. You agree and understand that during the Term of this Agreement and thereafter You may come into possession of Drop Pin’s confidential and proprietary information (“Intellectual Property”). You acknowledge that all right and title to any such Intellectual Property shall remain the sole property of Drop Pin and that You have no right, title, or interest therein. You further agree not to provide access to the Drop Pin Services or Site Services to any third party. You agree not to in any way, translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the Drop Pin Site or Site Services, and also agree not to assist any third party in doing so in any way. Any and all right or title to any engineering, coding, programming or customer service work around or other modification of the Drop Pin Services, Site, or Site Services shall also remain the sole property of Drop Pin.
8.2. You are granted a non-exclusive, non-transferable, fully revocable license to access and use the Site for personal or business use depending upon the nature of Your use. No portion of the Site may be copied, sold, retransmitted or otherwise used by for any reason without the express advance written consent of Drop Pin. You agree and understand that Drop Pin owns all legal right, title and interest to the Site. Nothing in these Terms aside from this paragraph gives You a license or right to use the Intellectual Property of Drop Pin, including any trademarks, trade secrets, service marks, logos, domain names and copyrighted information without a written Agreement between You and Drop Pin.
8.3. By sending, displaying, transmitting, or otherwise distributing information or other content to the Site You grant Drop Pin its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use, copy, distribute, transmit, display, reproduce, and edit Your information or content.
8.4 DURING THE TERM OF THIS AGREEMENT YOU MAY HAVE ACCESS TO CERTAIN INFORMATION AND MATERIALS RELATING TO THE DROP PIN BUSINESS, CUSTOMERS, SOFTWARE, TECHNOLOGY AND MARKETING WHICH DROP PIN TREATS AS CONFIDENTIAL (HEREINAFTER “CONFIDENTIAL INFORMATION”). CONFIDENTIAL INFORMATION INCLUDES BUT IS NOT LIMITED TO CUSTOMER LISTS, EMPLOYEE NAMES, COVERAGE AREAS, DEAL TERMS, AND THE EXISTENCE OF A BUSINESS AGREEEMNT. YOU AGREE TO AT ALL TIMES DURING THE TERM OF THIS AGREEMENT AND OTHERWISE AS SET FORTH HEREIN: (I) HOLD IN CONFIDENCE, AND NOT DISCLOSE OR REVEAL TO ANY PERSON OR ENTITY, ANY “CONFIDENTIAL INFORMATION” WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF DROP PIN; AND (II) NOT USE OR DISCLOSE ANY OF THE “CONFIDENTIAL INFORMATION” FOR ANY PURPOSE AT ANY TIME, OTHER THAN PURSUANT TO YOUR RIGHTS UNDER THIS AGREEMENT FOR THE PURPOSE INTENDED. THESE OBLIGATIONS SHALL CONTINUE INDEFINITELY FOR SO LONG AS THE CONFIDENTIAL INFORMATION IS A TRADE SECRET UNDER APPLICABLE LAW AND SHALL CONTINUE FOR THREE (3) YEARS FOLLOWING TERMINATION OF THIS AGREEMENT WITH RESPECT TO CONFIDENTIAL INFORMATION, WHICH DOES NOT RISE TO THE LEVEL OF A TRADE SECRET.
9. FORCE MAJEURE
In the event either party is unable to perform its obligations under the terms of this Agreement due to an event, occurrence, or contingency beyond its reasonable control, including but not limited to: acts of God, earthquakes, strikes, pandemics, riots, war, or governmental requirements, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
10. ASSIGNMENT
This Agreement and the rights hereunder are not assignable or transferable except that Drop Pin may assign its rights hereunder. Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio.
11. NON-WAIVER
You agree that if Drop Pin does not exercise or enforce any legal right or remedy which is contained in the Terms or is otherwise entitled to will not constitute a formal waiver of Drop Pin’s rights and that those rights or remedies will still be available to Drop Pin.
12. SEVERABILITY
In the event that any provision or part of this Agreement is held to be invalid or enforceable such invalidity shall not affect the validity or operation of any other part or provision and such part or provision shall be deemed to be severed from the Agreement.
13. CHOICE OF LAW
This Agreement shall be interpreted under the laws of the State of California without regard to any conflict of laws provisions. Any action between the parties to this Agreement for the breach of this Agreement or any action or claim in any way relating thereto shall be venued in the state or federal courts of the State of California, County of Los Angeles. The parties to this Agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.
14. AMENDMENT
Drop Pin may without advance notice amend this Agreement from time to time, and will do so by posting the new Agreement on this page. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts and Users.
15. NO AGENCY
You agree and understand that notwithstanding any other provision of this Agreement, Drop Pin is not Your agent, partner or joint venturer in any respect.
16. NOTICE
16.1. Any notice under this Agreement shall be given by Drop Pin to You via the email address Drop Pin has on file, if you have so provided one. To change the email address associated with You contact us at hello@droppintech.com.
16.2. Any other notice by You to Drop Pin shall be sent via United States Mail to the following Address:
Drop Pin Inc.
15406 Cabrito Rd, Los Angeles,
California 91406, United States
17. SURVIVAL
Sections 3 – 16, inclusive, of this Agreement shall survive the termination of this Agreement and shall remain in full force and effect after any such termination.
V1.1 2022-02-28