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Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
The Service is for your personal use. Except as expressly authorized by PandaTree, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content as defined below that you legally upload to the Service.
In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods.
If you are blocked by PandaTree from accessing the Service including by blocking your IP address , you agree not to implement any measures to circumvent such blocking e.
Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.
Any rights not expressly granted herein are reserved by PandaTree. Other PandaTree, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to PandaTree.
Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of PandaTree Trademarks displayed on the Service, without our prior written permission in each instance.
All goodwill generated from the use of PandaTree Trademarks will inure to our exclusive benefit. Please note that, while we make every effort to have accurate and appropriate Service Content displayed on the Service, Panda Tree is not be responsible for any errors, omissions or suggestions implicit or explicit that such Service Content may contain.
If you feel certain Service Content has been posted in error or should be removed or corrected, please contact us at customercare pandatree.
Third Party Material: Under no circumstances will PandaTree be liable in any way for any content or materials of any third parties including users , including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content.
You acknowledge that PandaTree does not pre-screen content, but that PandaTree and its designees will have the right but not the obligation in their sole discretion to refuse or remove any content that is available via the Service.
Without limiting the foregoing, PandaTree and its designees will have the right to remove any content that violates these Terms of Service or is deemed by PandaTree, in its sole discretion, to be otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
By uploading any User Content you hereby grant and will grant PandaTree and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that PandaTree may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: a comply with legal process, applicable laws or government requests; b enforce these Terms of Service; c respond to claims that any content violates the rights of third parties; or d protect the rights, property, or personal safety of PandaTree, its users and the public.
You understand that the technical processing and transmission of the Service, including your content, may involve a transmissions over various networks; and b changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: PandaTree respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify PandaTree of your infringement claim in accordance with the procedure set forth below.
You may also contact us by mail or facsimile at:. To be effective, the notification must be in writing and contain the following information:.
If a counter-notice is received by the Copyright Agent, PandaTree will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days.
Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, PandaTree has adopted a policy of terminating, in appropriate circumstances and at PandaTree's sole discretion, users who are deemed to be repeat infringers.
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. PandaTree has no control over such sites and resources and PandaTree is not responsible for and does not endorse such sites and resources.
You further acknowledge and agree that PandaTree will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource.
Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that PandaTree is not liable for any loss or claim that you may have against any such third party.
Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf.
You agree that, by entering into this Terms of Service, you and PandaTree are each waiving the right to a trial by jury or to participate in a class action.
Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
The Notice must a describe the nature and basis of the claim or dispute and b set forth the specific relief sought. If PandaTree and you do not resolve the claim within sixty 60 calendar days after the Notice is received, you or PandaTree may commence an arbitration proceeding.
During the arbitration, the amount of any settlement offer made by PandaTree or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or PandaTree is entitled.
If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration.
The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement.
Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law.
Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless PandaTree and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances.
If the parties are unable to agree on a location, the determination shall be made by AAA. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, PandaTree will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court decides that any term or provision of this Arbitration Agreement other than subsection b above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified.
If a court decides that any of the provisions of subsection b is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void.
The remainder of the Terms of Service will continue to apply. Notwithstanding any provision in this Terms of Service to the contrary, PandaTree agrees that if it makes any future change to this Arbitration Agreement other than a change to the Notice Address while you are a user of the Services, you may reject any such change by sending PandaTree written notice within thirty 30 calendar days of the change to the Notice Address provided above.
By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement.
Unless otherwise agreed by the parties, arbitration will be held in San Francisco, California before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in the Terms of Service.
The arbitration must commence within forty-five 45 days of the date on which a written demand for arbitration is filed by either party.
The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Service, and each party hereby irrevocably waives any claim to such damages.
The arbitrator may, in his or her discretion, assess costs and expenses including the reasonable legal fees and expenses of the prevailing part against any party to a proceeding.
Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm.
The provisions of this arbitration section will be enforceable in any court of competent jurisdiction. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
By rejecting any change, you are agreeing that you will arbitrate any dispute between you and PandaTree in accordance with the provisions of this section as of the date you first accepted these Terms of Service or accepted any subsequent changes to these Terms of Service.
You agree that PandaTree, in its sole discretion, may suspend or terminate your account or any part thereof or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if PandaTree believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service.
Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities.
PandaTree may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.
Further, you agree that PandaTree will not be liable to you or any third party for any termination of your access to the Service. You agree that you are solely responsible for your interactions with any other user in connection with the Service and PandaTree will have no liability or responsibility with respect thereto.
PandaTree reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and PandaTree and govern your use of the Service, superseding any prior agreements between you and PandaTree with respect to the Service.
You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software.
These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions.
With respect to any disputes or claims not subject to arbitration, as set forth above, you and PandaTree agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California.
The failure of PandaTree to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one 1 year after such claim or cause of action arose or be forever barred.
A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You may not assign this Terms of Service without the prior written consent of PandaTree, but PandaTree may assign or transfer this Terms of Service, in whole or in part, without restriction.
The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail.
The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
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