Pantryworx.com Service Agreement
This Pantryworx.com Service Agreement is a legal agreement between you and Solutions By Software Inc. ("Pantryworx.com"). In this Agreement, "you" refers to the individual or organization who is using the selected Pantryworx.com Service(s). The level of service provided by Pantryworx.com and purchased by you is referred to in this Agreement as the "Service." This Agreement includes related content on the Pantryworx.com website, such as the introductory and sign-up pages, which are incorporated by this reference. Pantryworx.com may decline to initiate the Service for you or any of your employees or contractors in our sole discretion.

Permitted Uses and Restrictions on Use
The Service may only be used for its intended purpose of recording services provided and the associated client information for your business and storing and reporting such information. The Service also may be used for capturing and storing electronic signatures, if you choose. You may not use the Service on a professional basis for anyone other than you. Notwithstanding anything in this Agreement, Pantryworx.com has no responsibility or liability for damages or claims relating to any use of the Service other than as described above. The Service does not include recording services other than those that apply to your organization, nor does it include providing support or repair for third party equipment (such as signature pads).

You are responsible for maintaining the confidentiality of your Pantryworx.com User ID and password. If you grant access to your account to one or more additional users, you are responsible for ensuring that they maintain the confidentiality of their respective Pantryworx.com User IDs and passwords and comply with all terms and conditions of this Agreement. You are responsible for all actions taken on the Pantryworx.com web site by someone duly logged into your account, whether or not authorized by you. You agree that your Pantryworx.com User ID and password have the same effect as your written signature authorizing payments, recording services and other actions on Pantryworx.com's Web site. You may change your user ID and password at any time by following the procedure on the Web site, and we recommend that you do so from time to time. You agree to notify Pantryworx.com immediately if you become aware of any unauthorized use of your user ID and password. You represent and warrant to Pantryworx.com that you are over 18 years of age, authorized to use the Service on behalf of the business identified in your Pantryworx.com account (including authorization to pay Pantryworx.com's fees and to record services on behalf of the business, if applicable) and to make on behalf of the business the representations and commitments required of the business by this Agreement and the Web site.

The Service does not include obtaining your access to the Internet for connecting to the Service. You acknowledge that the operation and availability of the communications systems used for accessing and interacting with the Service (e.g., the public telephone computer networks and the Internet) can be unpredictable and may, from time to time, interfere with or prevent access to the Service or its operation. Pantryworx.com is not in any way responsible for any such interference with or prevention of your use of or access to the Service.

Fees
Pantryworx.com, or its representative, will charge the credit card or other payment method you designate on the website for Pantryworx.com's posted fees for the level of service you select. Pantryworx.com will also charge you for any sales, use or other taxes applicable to the Service. Pantryworx.com charges additional fees for exceptional processing or use and other special services. Pantryworx.com may change the schedule of fees or the terms of this Agreement from time to time. Pantryworx.com will post the revised fees and/or Agreement on our website. You will be notified of any change in monthly fees at least 30 days in advance of the effective date. If a fee increase or change to this Agreement is not acceptable, you may cancel the Service as provided below prior to the time when it takes effect. Continuing to use the Service constitutes your agreement to all changes.

If Pantryworx.com, or its representative, cannot collect its fees due to credit limits on your credit card or any other reason, or if you sign up for electronic payment options and Pantryworx.com, or its representative, cannot collect amounts due because of insufficient funds in your account or any other reason, you must pay the amount due immediately upon demand, plus Pantryworx.com's exceptions processing fees, plus any bank fees or charges for return items, plus interest at the lesser of 18% annually or the maximum allowed by law, plus attorney's fees and other costs of collection as allowed by law. In addition, we may terminate this Agreement, discontinue the Service (either entirely, or only with respect to recording services, in our sole discretion) and avail ourselves of any other available remedy. We may make appropriate reports to credit reporting agencies, financial institutions, and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.

Customer Support
Pantryworx.com provides customer support to help you set up your account correctly and record your services successfully, using the Service. Free telephone support is limited to one hour per year for Pantryworx.com and may be subject to additional limitations depending upon the nature of the supported Service, in accordance with Pantryworx.com's standard support practices. Additional telephone support is available for an additional charge. Pantryworx.com may provide free customer support by email, and always provides free support if the Service does not perform correctly.

Electronic Signatures and Card Swipes Option
If you use Pantryworx.com to capture and store electronic signatures, you may require additional equipment at your cost. Electronic signature pads may be purchased through Pantryworx.com, or through a third party vendor. Pantryworx.com is not responsible for ensuring compatibility of equipment purchased through a third party vendor. Pantryworx.com is also not responsible for installation and setup of any electronic signature pad. An electronic signature pad purchased through Pantryworx.com will be considered strictly a retail sale and implies no additional warranty, service, or support.

To use a keyboard wedge card swipe, you must configure your account for use with the card swipe. Instruction can be found by logging into your account. Keyboard wedge card swipes may be purchased through Pantryworx.com, or through a third party vendor. Pantryworx.com is not responsible for ensuring compatibility of equipment purchased through a third party vendor. Pantryworx.com is also not responsible for installation and setup of any keyboard wedge card swipe. A keyboard wedge card swipe purchased through Pantryworx.com will be considered strictly a retail sale and implies no additional warranty, service, or support.

Limited Warranty
Pantryworx.com warrants to you the accuracy of all reports using the Service, subject to the following terms and conditions. As your sole and exclusive remedy and Pantryworx.com's sole and exclusive liability for breach of the foregoing warranty, Pantryworx.com will provide corrected reports due solely to calculation errors made by the Service. This warranty does not apply to any errors resulting from, among other things, your use of the Service to process services for which it is not appropriate, your failure to properly record services, in the manner recommended by Pantryworx.com, your failure to enter on Pantryworx.com's website accurate information for your clients, your use of the Service to obtain reports based in whole or in part on service or client information information that you calculated or input incorrectly, or your failure to accurately interpret data in a report. Pantryworx.com will endeavor to post on its website notices of corrections and updates to the Service and to notify you according to the contact information that you provide on the website, which you agree to update promptly with all changes.

If you believe you are entitled to a corrected report under this warranty, you must notify Pantryworx.com customer support as directed on the website as soon as you learn of the mistake (and in no event later than 30 days after the report is made). You must include a copy of the report. By making a claim, you authorize Pantryworx.com to obtain and review any data files that may be in Pantryworx.com's possession or control in order to evaluate your claim. This warranty is for your benefit only and is not transferable, and will be null and void if you breach any terms or conditions of this Agreement.

Except as expressly provided above, the Service is provided "as-is" and, to the maximum extent permitted by applicable law, Pantryworx.com and its licensors, distributors, advertisers, dealers and suppliers disclaim all other warranties, express or implied regarding the Service and its related materials, including their fitness for a particular purpose, their quality, their merchantability, or their non-infringement. Pantryworx.com does not warrant that the Service is completely secure or is free from bugs, interruptions, errors, or other program limitations. Pantryworx.com does not warrant that its website, or the server that makes it available, is free of viruses or other harmful components. You (and not Pantryworx.com) assume the entire cost of all necessary servicing, repair, or correction of problems caused by viruses or other harmful components. Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In that event, any implied warranties are limited in duration to 60 days from the date of purchase of the Service. However, some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may have other rights that vary from state to state.

Limitation of Liability
Except to the extent of the limited warranty described above, the entire liability of Pantryworx.com and its licensors, distributors, advertisers, dealers or suppliers for any reason shall be limited to the aggregate amount of service fees paid by you to Pantryworx.com during the 30 days immediately preceding the date on which the claim accrued. To the maximum extent permitted by applicable law, Pantryworx.com and its licensors, distributors, advertisers, dealers or suppliers are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, less of profits or investment, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if such person has been advised of the possibility of such damages and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. Pantryworx.com and its agents, licensors, distributors, advertisers, dealers and suppliers are not liable for any loss, erasure or corruption of or unauthorized access to any data or other information transmitted, processed or stored via the Service. Some states do not allow the limitation and/or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

The limitations of damages and liability set forth in this Agreement are fundamental elements of the basis of the bargain between Pantryworx.com and you. You acknowledge and agree that Pantryworx.com would not be able to provide the Service on an economic basis without such limitations.

Data Shared with Pantryworx.com
You grant Pantryworx.com permission to aggregate any previous and/or future uploaded, non-personally identifiable account data with that of other users of the Service. You permit Pantryworx.com to use that aggregated data to improve services, issue promotions, and provide ways for you to compare business practices with other users.

Termination
Either you or Pantryworx.com may terminate this Agreement for any reason or no reason by giving notice in accordance with the information then on the website, effective immediately. Reasons why Pantryworx.com may terminate this Agreement include, without limitation: (1) you fail to provide and update credit card information that enables Pantryworx.com to collect its fees; (2) any information you give us is false, misleading or incomplete; or (3) you engage in conduct which, in Pantryworx.com's judgment, interferes with the operation or use of the Service (e.g., excessive use of the Service which disrupts the use of the Service by other users).

Upon termination, you will pay all outstanding amounts owed to Pantryworx.com. Service fees paid to Pantryworx.com are not refundable upon termination except for the last monthly service payment made, not to be greater than $29.95. See our refund policy for more information. The "Limited Warranty," "Limitation of Liability" and "Governing Law; Dispute Resolution" sections of this Agreement survive termination.

Governing Law; Dispute Resolution
This Agreement will be subject to and construed in accordance with the laws of the State of Florida and jurisdiction shall rest with applicable Florida courts. The parties agree and hereby irrevocably submit any suit, action or proceeding arising out of or related to this Agreement or any of the transactions contemplated by this Agreement to the jurisdiction and venue of the United States District Court for the Middle District of Florida or the jurisdiction and venue of any court located in Collier County, Florida and waive any and all objections to jurisdiction and venue, unless the parties mediate or arbitrate their dispute as provided below. No action arising under or in connection with this Agreement, regardless of form, may be brought more than one (1) year after the cause of action accrued. The parties hereby agree to opt-out of any application of the Uniform Computer Information Transactions Act (UCITA), or any version thereof, adopted by any state.

Miscellaneous
This Agreement, including related content on Pantryworx.com's website, such as the introductory and sign-up pages, which are incorporated by this reference, sets forth Pantryworx.com's entire liability and your exclusive remedy with respect to the Service, and is a complete statement of the agreement between you and Pantryworx.com. Pantryworx.com's employees are not authorized to make modifications to this Agreement, or to make any additional representations, commitments or warranties binding on Pantryworx.com, except in a writing signed by an authorized officer of Pantryworx.com.

If any term, warranty, condition or provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, such term, warranty, or provision will be struck from this Agreement, and the balance of the Agreement will remain in full force and effect. Failure by either party to exercise any right to require performance under this Agreement will not be construed as a waiver of any subsequent right to require performance or to claim of breach of contract. Except as otherwise provided herein, the rights and remedies provided for in this Agreement are not exclusive, and both you and Pantryworx.com retain all rights and remedies now or hereafter provided by law in addition to those provided for in this Agreement. If any court, mediation or arbitration action is brought by either Pantryworx.com or you to enforce any provision of this Agreement, the prevailing party in such action will be entitled to recover both attorneys' fees and costs from the other party. If the parties agree to settle their claims against each other, each party will be responsible for its own attorneys' fees and costs.

 
Last Updated June 2010.