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Terms of Use

SITE TERMS AND CONDITIONS  OF USE 

Welcome to www.panda-windows.com, the Web site for Panda Windows & DoorsTM (“Panda”). We maintain this site for general promotional, investor relations and public information purposes. The following Terms of Use (“Terms”) apply to your use of this site and other websites operated by Panda that display or link to these Terms of Use (collectively “Web Site” or “Site”). 

Your use of any of the Sites constitutes your unconditional agreement to be bound by these terms and conditions and the Privacy Policy (collectively, the “Terms”) without any modification by you. Please review the Terms carefully. If you do not agree to the terms, do not use the Site(s). 

Unless the context indicates otherwise, as used in these Terms, (i) ” Panda Windows & Doors “, “Panda”, “us,” “we” and “our” refer to Panda Windows & DoorsTM and its parent, subsidiaries and affiliates, (ii) “Content” refers to any or all text, documents, photographs, images, graphics, logos, emblems, designs, layouts, trademarks, trade names, service marks, copyrighted materials, audio and video presentations and other information provided by us on or through this Web Site, including user interfaces and the selection, coordination and arrangement of such information, and (iii) “Chat” refers to the informational chat conversation available for use on the Site, if applicable. 

CHANGES TO THIS SITE OR THESE TERMS 

We may change or discontinue this Web site at any time without prior notice or obligation to you. We may also change these Terms at any time without prior notice or obligation and your continued use of the Site after such changes have been posted will constitute your acceptance of the changes. 

INTELLECTUAL PROPERTY 

The Site is owned and operated by Panda, and the Content and Chat (and any intellectual property and other rights relating thereto) is and will remain the property of Panda. The Content and Chat and the selection, compilation, collection, arrangement and assembly thereof is protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. Except as expressly set forth in the “Permitted and Prohibited Uses” section below, or otherwise authorized in advance by Panda in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, all or any part of the Site or any materials made available through the Site. 

The trademarks, trade names, service marks, product packaging, designs and corporate logos and emblems displayed on this Site belong exclusively to Panda, our third party licensors or others, and are protected under United States and international trademark and other proprietary rights and laws. The trade names, trademarks and service marks owned by Panda, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Panda’s or our third party licensors trade names, trademarks or service marks without our or their, respectively, express prior written consent. 

REGISTRATION 

Some areas of the Site may require you to be or become registered with the Site. When and if you register with the Site, you agree to (a) provide accurate, current and complete information about 

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Yourself as prompted by our registration form (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Site. 

As part of the registration process, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You are responsible for maintaining the confidentiality of your user name and password and agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by visiting www.panda-windows.com and immediately notify us of the problem by sending us an email through the Contact Us section or by calling at (702) 643-5700. You are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities that are conducted through your account (including purchases, as applicable) whether or not authorized by you. 

PERMITTED AND PROHIBITED USES 

Subject to your compliance with these Terms, and solely for so long as you are permitted by Panda to access and use the Site, you may view and make one electronic or paper copy of the information posted on any screens of this Web Site, provided that you use the copy solely for your personal, informational and non-commercial purposes and that you (i) keep all copyright and other proprietary notices intact, (ii) do not modify the Content or use it in a manner that suggests an association with any of our products, services or brands and (iii) do not download quantities of the Content to a database that can be used to avoid future downloads from this Site. While using the Site, the Content, and the Chat you agree to comply with all applicable laws, rules and regulations. 

You may not: 

  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. 
  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. 
  • Use a buying agent or purchasing agent to make purchases on the Site. 
  • Use the Site to advertise or offer to sell goods and services. 
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein. 
  • Engage in unauthorized framing of or linking to the Site. 
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. 
  • Make improper use of our support services or submit false reports of abuse or misconduct. 
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. 

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  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site. 
  • Attempt to impersonate another user or person or use the username of another user. 
  • Sell or otherwise transfer your profile. 
  • Use any information obtained from the Site in order to harass, abuse, or harm another person. 
  • Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise. 
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site. 
  • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site. 
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you. 
  • Delete the copyright or other proprietary rights notice from any Content. 
  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. 
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site. 
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”). 
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software. 
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site. 
  • Use the Site in a manner inconsistent with any applicable laws or regulations. 

INFORMATION COLLECTION, USE, AND SHARING 

COOKIES POLICY
What Cookies are and how We use them. You should read this policy so You can understand what type of cookies We use, or the information We collect using Cookies and how that information is used.

Cookies do not typically contain any information that personally identifies a user, but personal information that we store about You may be linked to the information stored in and obtained from Cookies. For further information on how We use, store and keep your personal data secure, see our Privacy Policy.

We do not store sensitive personal information, such as mailing addresses, account passwords, etc. in the Cookies We use.

Interpretation and Definitions

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

For the purposes of this Cookies Policy:

  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Cookies Policy) refers to Panda Windows & Doors, 3415 Bellington Road.
  • Cookies means small files that are placed on Your computer, mobile device or any other device by a website, containing details of your browsing history on that website among its many uses.
  • Website refers to Panda Windows & Doors, accessible from https://www.panda-windows.com/
  • You means the individual accessing or using the Website, or a company, or any legal entity on behalf of which such individual is accessing or using the Website, as applicable.

The use of the Cookies

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser.

We use both session and persistent Cookies for the purposes set out below:

Necessary / Essential Cookies

Type: Session Cookies
Administered by: Us

Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

Cookies Policy / Notice Acceptance Cookies

Type: Persistent Cookies
Administered by: Us

Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

Functionality Cookies

Type: Persistent Cookies
Administered by: Us

Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

Tracking and Performance Cookies

Type: Persistent Cookies
Administered by: Third-Parties

Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new pages, features or new functionality of the Website to see how our users react to them.

Targeting and Advertising Cookies

Type: Persistent Cookies
Administered by: Third-Parties

Purpose: These Cookies track your browsing habits to enable Us to show advertising which is more likely to be of interest to You. These Cookies use information about your browsing history to group You with other users who have similar interests. Based on that information, and with Our permission, third party advertisers can place Cookies to enable them to show adverts which We think will be relevant to your interests while You are on third party websites.

If You prefer to avoid the use of Cookies on the Website, first You must disable the use of Cookies in your browser and then delete the Cookies saved in your browser associated with this website. You may use this option for preventing the use of Cookies at any time.

If You do not accept Our Cookies, You may experience some inconvenience in your use of the Website and some features may not function properly.

If You’d like to delete Cookies or instruct your web browser to delete or refuse Cookies, please visit the help pages of your web browser.

For the Chrome web browser, please visit this page from Google: https://support.google.com/accounts/answer/32050

For the Internet Explorer web browser, please visit this page from Microsoft: http://support.microsoft.com/kb/278835

For the Firefox web browser, please visit this page from Mozilla: https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored

For the Safari web browser, please visit this page from Apple: https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac

For any other web browser, please visit your web browser’s official web pages.

You can learn more about cookies: All About Cookies.

If you have any questions about this Cookies Policy, You can contact us:

  • By email: info@panda-windows.com

We are the sole owners of the information collected on this Site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone. 

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this policy. 

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YOUR ACCESS TO AND CONTROL OVER INFORMATION 

You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our Web Site: 

  • See what data we have about you, if any. 
  • Change/correct any data we have about you. 
  • Have us delete any data we have about you. 
  • Express any concern you have about our use of your data. 

PRODUCT ORDERS 

While we use our best efforts to fulfill all orders, Panda cannot guarantee the availability of any particular product displayed on the Site. Panda reserves the right to discontinue the sale of any product listed on the Site at any time without notice. Product prices (if any) offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets. 

The prices displayed on this Site (if any) are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order. 

We do not guarantee that any content is accurate or complete, including price information (if any) and product specifications. Panda reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted). 

RULES FOR SWEEPSTAKES, CONTESTS AND GAMES 

Any sweepstakes, contests or games that are accessible through the Site may be governed by specific rules. By entering such sweepstakes or contests or participating in such games you will become subject to any such rules. We urge you to read any applicable rules, which will be linked from the particular activity, and to review our Privacy Policy (which can be found at www.panda-windows.com) which, in addition to these Terms, governs any information you submit in connection with such sweepstakes, contests and games. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules shall control. 

DISCLAIMER OF WARRANTIES 

In maintaining this Web Site, we have tried to ensure that the information posted by us is accurate, complete and current as of the dates indicated on the screens. However, we make no guarantees or warranties of any kind, express or implied, regarding the Content, or operation of the Site. You access and use this Site at your own risk. The Content and Chat (including all information available on or through the Site) are provided “AS IS” and we are not responsible for its use or misuse. Access to this Site from locations where the Content may be illegal is prohibited and you are responsible for compliance with applicable local laws. You are also responsible for taking all necessary precautions to assure that any material you obtain from this Site is free from computer viruses, worms, Trojan horses or other destructive devices. 

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WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SITE, CONTENT AND CHAT (INCLUDING ALL INFORMATION, SERVICES AND, EXCEPT TO THE EXTENT ACCOMPANIED BY A WRITTEN WARRANTY FROM US, PRODUCTS MADE AVAILABLE ON OR THROUGH THE SITE), INCLUDING, WITHOUT LIMITATION, (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (INCLUDING SUITABILITY OF THE SITE FOR YOUR NEEDS OR REQUIREMENTS OR THOSE OF ANY OTHER PERSON), (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (III) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR COMPLETENESS OF THE CONTENT OR CHAT, (IV) WARRANTIES RELATING TO THE OPERATION OF THE SITE (INCLUDING DELAYS, INTERRUPTIONS, ERRORS, VIRUSES, DEFECTS OR OMISSIONS) (V) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY, AND (VI) WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. PANDA AND ITS AFFILIATES, AND THEIR RESPECTIVE LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, SERVICE PROVIDERS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE CHAT WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED, OR THE CHAT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE CHAT AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF PANDA OR ITS AFFILIATES, AND THEIR RESPECTIVE LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, SERVICE PROVIDERS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE, THE CHAT OR OTHERWISE, SHALL CREATE ANY WARRANTY. 

A possibility exists that the Site, Content, Chat or social media forums could include inaccuracies or errors, or information or materials that violate these Terms of Use (specifically, the rules of conduct set forth in the “Permitted and Prohibited Uses” section above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site, Content, Chat or social media forums. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site’s completeness or correctness. In the event that a situation arises in which the Site’s completeness or correctness is in question, please visit www.panda-windows.com and send an email through the Contact Us section, with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. 

LINKS FROM THIS WEB SITE 

As a convenience to you, we may provide hyperlinks from this Web Site and descriptions of or references to selected third party Web sites that are not operated by Panda. However, by providing such links, we are not endorsing such third parties or their Web sites or their products or services. We are not responsible or liable for and make no representations about the contents or use of such hyperlinked third party sites or any further links contained there to other sites. If you use a Web site that is hyperlinked to this Web Site, you do so at your own risk; we are not responsible for assuring that 

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hyperlinked sites are free from computer viruses, worms, Trojan horses or other destructive devices. We may discontinue our hyperlinks to any third party site at any time without notice or obligation to you. 

LINKS TO THIS WEB SITE 

If you wish to provide a hyperlink from your Web site to this Web Site, you may do so only under the following conditions: (i) any link to our Site must be a text-only link and clearly marked “Panda Windows & DoorsTM Web Site”; (ii) the link must “point” to the URL www.panda-windows.com and not to other pages within our Site; (iii) when selected by a user, the link must display our Site on full-screen and not within a “frame” on the linking site; (iv) the appearance, position and other attributes of the link may not imply that you or any related organizations or entities are endorsed or sponsored by, affiliated with, or associated with us; (v) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our names and trademarks; (vi) the linked site may not contain content that could be construed as distasteful, offensive or controversial or that is not appropriate for all age, racial, religious and other groups protected by law; and (vii) we reserve the right to revoke our consent to the link at any time in our sole discretion and you will remove the link immediately upon our request. By linking your Web site to ours, you are agreeing to be bound by these Terms. 

LIMITATION OF LIABILITY 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PANDA WINDOWS & DOORSTM NOR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, SERVICE PROVIDERS, CONSULTANTS OR AGENTS, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE, THE CHAT, ANY LINKED SITE OR ANY PRODUCT OR SERVICE MADE AVAILABLE ON OR THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT, CHAT OR ANY LINKED SITE IS TO STOP USING THE SITE, CONTENT, CHAT OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF PANDA AND ITS AFFILIATES, AND THEIR RESPECTIVE LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, SERVICE PROVIDERS AND AGENTS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND CONSEQUENTLY SOME OR ALL OF THESE LIMITATIONS MAY NOT APPLY TO YOU. NOTE TO RESIDENTS OF THE STATE OF NEW JERSEY: THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO YOU, EXCEPT AS OTHERWISE NOT PERMITTED BY NEW JERSEY LAW. 

GOVERNING LAW 

These Terms will be governed by and construed in accordance with the laws of the State of Nevada and the United States of America, without reference to any choice of law rules under Nevada law. You agree that any action at law or in equity arising out of or relating to these Terms or relating your use of this 

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Web Site will be filed only in the state or federal courts located in Clark County, Nevada and you agree to submit to the personal jurisdiction of such courts for the purposes of litigating any such action, and to waive any jurisdictional, venue or inconvenient forum objections to such courts. 

TERMINATION 

These Terms are effective until terminated. Panda, in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including if Panda believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that Panda may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that Panda and the Affiliated Entities shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination. The “Intellectual Property,” “Forums and Public Communication,” “Disclaimer of Warranties,” “Limitation of Liability,” “Governing Law,” “Termination,” “Jurisdictional Issues,” and “Miscellaneous” sections will survive any termination of these Terms. 

VIOLATIONS 

We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including suspension or blocking of your access to this Web Site. Our failure to enforce any provision of these Terms will not constitute a waiver of such provision or of our legal or equitable rights. You agree to defend and indemnify us and our directors and employees from and against any and all damages, claims, liabilities and costs arising directly or indirectly from (i) your violation of these Terms or your use of this Site; (ii) any allegation that any materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) your activities in connection with the Site. 

CLAIMS OF COPYRIGHT INFRINGEMENT 

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Panda infringe your copyright (for example, materials posted by Panda on one of our forums), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Panda to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe 

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in good faith that a notice of copyright infringement has been wrongly filed by Panda against you, the DMCA permits you to send Panda a counter-notice. Notices and counter-notices must meet the then- current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to [Insert Representative]. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. 

FILTERING 

Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two web sites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Panda does not endorse any of the products or services listed at such site. 

ABILITY TO AGREE TO THESE TERMS 

By using the Site, you affirm that you are of legal age to enter into this these Terms or, if you are not, that you have obtained parental or guardian consent to enter into these Terms. 

JURISDICTIONAL ISSUES 

The Site is solely directed to individuals residing in the United States. We make no representation that Content or Chat available on or through the Site is appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. We reserve the right to limit the availability of the Site and/or the provision of any service, program, film or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, film or other product that we provide. 

QUESTIONS 

We welcome questions, comments and other feedback about this Terms of Use, the Web Site and about our products and services. However, please be aware that we will treat all such communications as non- confidential and may reproduce, use, disclose and distribute them without notice or obligation to you. If you have any questions or comments, please send an e-mail through the Contact Us section of www.panda-windows.com. 

MISCELLANEOUS 

These Terms may be supplemented by additional terms posted at other locations on this Site, but these Terms will supersede in the event of a conflict with such additional terms. These Terms and such additional terms constitute our entire agreement with you regarding your use of this Web Site, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Panda relating to such subject matter. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. The invalidity of any term, condition or provision of these Terms of Use shall not 

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affect the enforceability of those portions deemed enforceable by applicable courts of law. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Panda. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction. Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in Panda’s discretion. The Site may also provide notices of changes to these Terms or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Panda will not be responsible for failures to fulfill any obligations due to causes beyond its control. 

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