Term of Service
PANDAECS TERMS OF SERVICE
Last modified 10/27/20
Overview:
Please read these Terms of Servicer (“Terms”) carefully prior to accessing or using our website. This website is operated by PandaECS, referred to as “we”, “us”, and “our” on the website.
ANYTHING AVAILABLE VIA THE SERVICES ARE FOR INFORMATIVE PURPOSES. Nothing herein should EVER BE CONSTRUED AS MEDICAL ADVICE, utilized as a substitute for, clinical guidance, visits or treatments. None of the suggestions or product descriptions offered via this site speaks to or warrants that any product or course of treatment would be helpful to you.
We offer all information, data, tools and services available conditional upon you, the user’s acceptance of all terms, conditions, policies and notices stated herein. By accessing our website and/or voluntarily using or obtaining data, information, materials, services and/or products you agree to engage in our “Service” and are bound by all terms, conditions, policies and notices stated here. If you do not fully agree to all the terms and conditions of this agreement, you may not access our website and/or must immediately terminate activity on the website.
Questions about our Terms should be sent to info@pandaecs.com
Terms of Use
By agreeing to these Terms, you represent that you are at least the age of majority in your state jurisdiction, if not you must leave this site immediately. All users are responsible for their own login information.
You agree to use this site only for its intended use and are thereby forbidden from using this site for that which we deem to be based on our interpretation of the law or our policies, unlawful offensive, threatening, libelous, defamatory, pornographic, obscene or violates any party’s intellectual property (“IP”) whether that constitutes a criminal or civil offense or otherwise violates these Terms.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. Further, use of this website for any commercial, financial or other similar purpose is forbidden unless you first obtain the express prior written consent.
Parts of the Platform or Services require you to create an account. You represent and warrant that all information you submit is and will always be accurate, current and complete. If we have reason to believe information does not fit the above, or that you have created multiple accounts, we may terminate your account.
Privacy Policy
As a user of this website, you agree to our privacy policy and accept the terms mentioned therein. Your submission of personal information through the store is governed by our Privacy Policy.
Information Accuracy
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information and convenience only and should not be relied upon or used as the sole basis for making decisions without consulting more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
We reserve the right to modify and/or update the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Modifications/Updates to Products and Services
We reserve the right to: refuse service to anyone for any reason at any time; to limit the sales of our or Services; limit the quantities of any services we offer. All descriptions of services including pricing are subject to change at any time without notice, at the sole discretion of us to discontinue any product at any time.
You can view the Terms at any time. We reserve the right to modify, update or change any part of these Terms by posting updates and/or changes to our website. Any new features or services we offer shall also be subject to the most updated Terms.
Order Restrictions and Account Information
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made. You agree to promptly update your account and other information, including your email address and credit card information, so that we can complete your transactions and contact you as needed.
Data Security
You agree not to:
Harvest Information:
Collect or harvests (or permit anyone else to collect or harvest) any personal information about another user; Use any automated system or software, whether operated by a third party or in any other way extract data (such as screen scraping or crawling) from the Site;
Spam:
Engages, promotes or solicits any spam or other unsolicited bulk email, network or computer cracking or hacking;
Manipulating Content:
Accesses, deletes, changes, links to or hijacks any PANDAECS or user content through any technology or means other than through this Site itself or deploying pop-up messages or advertising, running or displaying the content or Services or through means such as frames on another website.
Interfere With the Site
Creates limitations, overburdening, interfering or impairing this Site or Services, violate or attempt to violate the security or operation of, place an unreasonable load on, bypass any limitation, suspension or impact functionality, any Site content, networks or systems connected to the Sites via any device, software or instrumentality to interfere with the proper working of the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or harm any person or entity including to disparage or make unsubstantiated claims about any person or entity and their products or services; violate or attempt to violate the security of the Sites. You will not attempt or do scan, probe or test the vulnerability of the network or system, or breach the authentication measures or security without proper authorization; override or attempt to override any security feature of the Site. Use bots or other automated methods to access the Site; monitor the Site’s availability, performance, or functionality for any competitive purpose; or overlay or otherwise modify the Site or its appearance. Distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other harmful code or items of a destructive or deceptive nature to the Site; use any automated system or software, whether operated by a third party or otherwise, to extract data from the Site (such as screen scraping or crawling;
Third Party Access Tools and links
We may provide you with access to third-party tools over which we neither monitor nor have any control, nor input.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement and we shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third -party provider(s).
We may also, in the future, offer new services and/ or features through the website (including the release of new tools and resources). Such new features and/ or services shall also be subject to these Terms.
Indemnification
You agree to indemnify, defend and hold harmless PandaECS and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, PANDAECS IS NOT RESPONSIBLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SERVICES OR CONTENT. ANY CLAIMS OF THIS NATURE MUST BE BROUGHT WITHIN TWELVE CALENDAR MONTHS OF THE EVENT GIVING RISE TO SUCH ACTION. PANDAECS WILL NOT BE LIABLE FOR ANY INJURY OT DAMAGES OR CAUSED BY OR RELATED TO ANY ERROR, INTERRUPTION, OMISSION, DEFECTS, ANY FAILURE OF PERFORMANCE, LOST PROFITS, DATA OR OF GOODWILL, DELAY IN OPERATION OR TRANSMISSION, ACCURACY OF RESULTS, WORK STOPPAGE, COMPUTER VIRUSES, FAILURE OR MALFUNCTION, COMMUNICATION FAILURE, FILE CORRUPTION, COMMUNICATION FAILURE, SYSTEM OR NETWORK OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, MOREOVER, PANDAECS WILL NOT BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN RELATION TO THE USE OF OUR SITES AND SERVICES DURING 180 DAY PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. FURTHER, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY UNDER ANY CIRCUMSTANCES OR LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE EVEN IF A PANDAECS AUTHORIZED REPRESENTATIVE WAS ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, PANDAECS WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY AFFILIATED WITH PANDAECS.
AS A CONDITION OF SITE USE OF THE SITE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PANDAECS AND ITS RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SUPPLIERS, VENDORS, AND AGENTS, AGAINST ANY LOSSES, LIABILITIES, INQUIRIES, INVESTIGATIONS, SUITS, CLAIMS, COSTS, DAMAGES, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF OR RELATING TO ALLEGATIONS THAT IF TRUE WOULD CONSTITUTE A BREACH BY YOU OF THESE TERMS, OR ANY CONTENT SUBMITTED BY YOU.
Force Majeure
If either party cannot execute any of its responsibilities under this agreement due to actions or decrees of government, natural disasters, communication failures not the fault of PANDAECS, or any other failure or delay which arises from causes beyond a party’s reasonable control obligations that cannot be executed via commercially reasonable diligence shall be suspended.
User Comments, Feedback and other submissions
If, at our request, you send certain specific submissions or without a request from us whether in the form of ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. Further, We take no responsibility and assume no liability for any comments posted by you or any third-party.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You further agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could affect the operation of the Service or any related website.
You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Errors, inaccuracies, and omissions
Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website at any time. No specified update should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Content Warranty
We do not guarantee or warrant that your use of our service will be uninterrupted, timely, secure or error-free or that the results will be accurate or reliable. Nor do we warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that occasionally we may remove the service or cancel the service at
any time, without notice. Any credit card information provided to us will always be encrypted if transferred over networks.
You expressly agree that your use of the service is at your sole risk. The service and all products and services are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions, either expressly or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall PandaECS, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, loss of data, loss of use, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from your use of any of the services or products, or for any other claim related to your use of the service or any product.
Dispute Resolution
Arbitration
If your residence is in the US, we agree to try for 60 days to resolve it informally. If we fail, we bring binding individual arbitration before the American Arbitration Association ("AAA") decided by a neutral arbitrator whose decision will be final except for a limited right of review. Class action lawsuits and class-wide arbitrations, and any other proceeding where someone acts in a representative capacity is not allowed. Nor is combining individual proceedings without consent of all parties.
Send a Notice
If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by U.S. Mail to our address.
Procedure
The AAA will conduct any arbitration under its Commercial Arbitration Rules. See www.adr.org or call 1-800-778-7879 for more information. Any in-person hearing will occur in New Yrok County, New York
Jurisdiction
These Terms and any dispute arising out of or in connection with these Terms or related in any way to the Site by and under the laws of the State of New York, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such dispute shall be filed only in the federal or state courts located in Ocean County, NJ, U.S.A. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Ocean County, NJ.
Trial by Jury
You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site or these terms of service, if you are located in the United States.
Class Action Waiver
- By using the Site and in return for the services offered by us, a condition for use of the Site and these services, you agree not to bring action against us as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit.
Severability, Termination and Entirety
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and policies posted by us on this site or in respect to the service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals in any way (oral or written) and any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Contact Information
For Disputes and Claims of Intellectual Property, General Legal Concerns and Customer Support
PandaECS, LLC
c/o Chief Executive Officer
210 Statford Place
Lakewood, NJ 08701