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THE FOLLOWING TERMS OF SERVICE AGREEMENT CONSTITUTES A BINDING AGREEMENT BETWEEN PANDA IDX, LLC (PANDA) AND ITS MEMBER(S) (“MEMBER” OR “REALTOR”) WHICH ALSO EXTENDS BY AND BETWEEN THE MEMBER AND IT’S CLIENT (“CLIENT(S)” OR “YOU”) AS FOLLOWS.
BY CLICKING YOU “AGREE” MEANS YOU HAVE READ AND ACCEPT OUR PRODUCTS AND SERVICES AGREEMENT.
The term of the agreement begins when the Realtor extends PANDA property search access to it’s clients. The Term ends when either: the Realtor terminated it’s client access or the client terminates it’s own access. In any case, PANDA reserves the right to cancel the Realtors client when either: the client has not used the property search in 60 consecutive days, the client miss-uses it’s access, but not limited to, in any way. The client may notify it’s intentions of cancelling to the Realtor at any time.
There is no fee to be borne by and between the Realtor and it’s client. This service has already been paid for by a separate agreement by and between PANDA IDX and it’s member(s).
3.1 PANDA is not responsible for the content of any web page hosted by the Realtor. The contents of the Realtor web page(s) hosted by PANDA are not reviewed in any way, except as in a technical review.
3.2 The Realtor web pages cannot contain, or provide links to, materials that PANDA, in its sole discretion, may consider illegal or offensive including, but not limited to: copyrighted material not belonging to you — for example, music, images, software or video — unless you have the prior consent of the copyright owner; trademarked materials not belonging to you without the prior consent of the trademark owner; pornography, nudity, sex or any other material that would commonly be considered “indecent” or “appealing to the prurient interest”; gambling; foul language; pyramid or other illegal solicitation schemes; or insults to other persons or businesses including, but not limited to, material that is obscene, threatening, harassing, defamatory or libelous.
3.3 You shall not use the Realtor or PANDA web pages to conduct any of the following activities: Send bulk/spam e-mail; send mass/spam news postings; disclose the trade secrets of any other person or entity; use patented or trademarked materials without the prior consent of the patent or trademark owner; rent, sell or otherwise distribute web space to third parties; or conduct any other activity that PANDA determines, in its sole discretion, to be fraudulent, illegal or an unreasonable drain on system resources. PANDA reserves the right to review and direct the Realtor client as it deems necessary to follow these terms and conditions, but not limited to.
3.4 You agree not to violate our Policy whatsoever or your service may result in termination. PANDA RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING MESSAGE RECIPIENTS, THEIR COUNSEL, AND/OR LAW ENFORCEMENT AUTHORITIES, RELEVANT INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, THE SENDER NAME, ACCOUNT INFORMATION, MEMBER AND COOKIE NUMBERS, TRANSMISSION DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY PANDA TO ADDRESS PAST VIOLATIONS OF THE ACCEPTABLE USE POLICY AND TO PREVENT FUTURE VIOLATIONS. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO YOU. BY USING THE SERVICE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.
You may consult with your Realtor about the use, form and function of using the property search.
5.1 We take spam very seriously here. You may not use any Realtor nor PANDA products or services to send online messages or cards to mailing lists to which you do not have full rights or to send unsolicited bulk or commercial messages. In addition, the use of automated scripting-type programs that automate the process of sending or viewing any of the Materials is strictly prohibited. In addition you must comply with the Federal CAN-SPAM Act. PANDA reserves the right to limit, in its sole discretion and without prior notice to you, the number of cards or messages that you may send using any of our products or services and/or the number of recipients to which you send such cards or messages.
5.2 You are solely responsible for your actions and communications undertaken or transmitted using this Site. Neither we nor our affiliates exercise editorial control over your transmissions; however, we do reserve the right to review your uploads and transmissions in order to ensure compliance with these Terms.
6.1 PANDA reserves the right to amend the Service offerings and add or delete, suspend or modify, the terms and conditions of the Services at any time and to determine whether and when, at its sole discretion, any such changes apply to existing or future Members, including Member clients.
7.1 IN NO EVENT WILL PANDA BE LIABLE TO MEMBER CLIENTS FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF BUSINESS) ARISING OUT OF OR RELATED TO (I) THE SERVICES, (II) YOUR USE OF ANY DATA, INFORMATION, SOFTWARE OR THIRD PARTY SOFTWARE AVAILABLE THROUGH PANDA, (III) THIS AGREEMENT OR (IV) MEMBER’S WEBSITE REGARDLESS OF THE NATURE OR BASIS OF THE CLAIM INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT OR STRICT LIABILITY CLAIMS. IN ADDITION, EXCEPT FOR THE SERVICE LEVEL WARRANTY SPECIFIED IN SECTION 16 HEREOF, PANDA SHALL HAVE NO LIABILITY OF ANY KIND OR NATURE TO MEMBER CLIENTS ARISING OUT OF OR RELATED TO MEMBER CLIENTS. IN THE EVENT THAT PANDA IS LIABLE TO MEMBER CLIENTS FOR ANY LOSS ARISING OUT OF OR RELATED TO THE SERVICES, THIS AGREEMENT OR MEMBER’S WEBSITE, PANDA’S AGGREGATE LIABILITY TO MEMBER WILL IN NO EVENT EXCEED THE AMOUNT OF ANY ACTUAL MONETARY LOSS OR DAMAGES SUFFERED UP TO, AND NOT IN EXCESS OF, THE AGGREGATE MEMBER FEES PAID, IF ANY, FOR THE SERVICES WHICH GAVE RISE TO THE CLAIM DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE THE CLAIM AROSE.
7.2 No Liability for Unauthorized Use or Access. Member clients is solely responsible for ensuring that each password for Member’s website is utilized only by Member clients or, if applicable, by Member clients authorized employees and agents. PANDA shall have no liability for any loss, claim, damage or other liability that may arise from the unauthorized use of a password. If a password is lost or stolen or if you have reason to believe that your website is no longer secure for any reason, it is your responsibility to notify your Realtor of such loss or theft so that the password can be deactivated and a new password assigned. PANDA will use commercially reasonable efforts to effect password deactivation requests promptly.
You acknowledges and agree that you have no ownership rights to PANDA or the Realtors logos (collectively, the “Marks”) are the trademarks and/or service marks of PANDA or Realtors or its affiliates, and that any trade dress, trademark, are the intellectual property of PANDA and are protected by United States copyright laws, trademark laws, trade secret laws, international treaties and applicable laws of the states and jurisdictions where they are used. Except as otherwise provided in the following sentence, all right, title and interest in, and as to the Marks and any other intellectual property of PANDA shall remain with PANDA. Member clients shall not, under any circumstances, reassign, distribute or allow any other entity or person to use any of PANDA products, modules, tools, scripts, graphics, text, database/programming code or object or source codes without PANDA prior written consent. As between Member and PANDA, the parties agree that PANDA shall own and retain all intellectual property rights, copyrights, patents and all rights, title and interest in and to all of the products, modules, tools, scripts, graphics, text, database/programming code and object or source codes provided or supplied by PANDA that are displayed on Member’s website or used in the development or the maintenance of Member’s website.
Domain names remain the property of the Realtor and it’s clients agree to uses it’s extended services in a manner consistent with the terms and conditions herewith noted.
You agree that you will not attempt to compromise the security on the PANDA’s servers by any means including, but not limited to: attempting to gain access to restricted information on the PANDA servers; attempting to disable, cripple or modify PANDA servers or any service running on a PANDA server. PANDA reserves the right to prosecute any person or entity attempting to compromise the security of the PANDA servers to the fullest extent allowed by applicable law.
Member clients understands that the Internet and other various networking communication mediums are not secure, unless explicitly specified as such, and may be subject to interception or loss. PANDA makes no representations or warranties of any kind, express, implied or statutory, concerning the on the Internet. PANDA’S SERVICES ARE PROVIDED ON AN “AS IS” BASIS. PANDA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; THAT THE SERVICES WILL MEET MEMBER’S REQUIREMENTS OR WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; ANY IMPLIED WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE; REGARDING ANY THIRD PARTY SOFTWARE OR SERVICES; AND/OR ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF PANDA. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PANDA DISCLAIMS ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.