TERMS OF USE

 

The Panco website located at www.pancomanagement.com is a copyrighted work belonging to Panco Operations LLC (DBA: Panco ). Please read these terms of use (the “Terms of Use”) carefully before accessing, viewing, or using the Website. By accessing, viewing, or using the Website, you agree to be bound by all the Terms of Use. If you do not agree to all the Terms of Use, you do not have the right to access, view or use the Website. Panco may modify the Terms of Use from time to time, in its own sole discretion. You are responsible for complying with the most current version of the Terms of Use posted on the Website. Your use of the Website following any modifications will signify your consent and acceptance of such revised Terms of Use.

The Terms of Use do not alter the terms and conditions of any agreement you may have with Panco or its affiliates. Except as expressly set forth otherwise in a signed agreement between you and Panco the Terms of Use are the entire agreement between you and Panco and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Panco about this Website.

ACCEPTABLE USE

You agree to use the Website solely for intended, lawful purposes, and you agree that you will, at all times, comply with all applicable laws, rules, and regulations. Any use of the Website that is defined or deemed to be statutorily illegal is a direct violation of these Terms of Use. This includes, but is not limited to death threats, terroristic threats, threats of harm to another individual, multi-level marketing schemes, “Ponzi schemes”, invasion of privacy, credit card fraud, racketeering, defamation, slander, and other illegal activities.

Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website; (c) you shall not access the Website in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Website shall be subject to these Terms. All copyright and other proprietary notices on the Website must be retained on all copies thereof.

Panco reserves the right to change, suspend, or cease the Website with or without notice to you. You approve that Panco will not be held liable to you or any third-party for any change, interruption, or termination of the Website or any part.

No Support or Maintenance. You agree that Panco will have no obligation to provide you with any support in connection with the Website.

Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, on the Website and its content are owned by Panco or Panco suppliers. Note that these Terms and access to the Site do not give you any rights, title, or interest in or to any intellectual property rights. Panco  and its suppliers reserve all rights not granted in these Terms.

THIRD-PARTY LINKS & ADS; OTHER USERS

Third-Party Links & Ads. The Website may contain links to third-party websites and services, and/or display advertisements for third parties. Such Third-Party Links & Ads are not under the control of Panco, and Panco  is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

HYPERLINKS TO THIS SITE

You are granted a limited, nonexclusive right to create a “hypertext” link to the Website provided that such link does not portray Panco or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any Panco trademark, logo or trade name or other proprietary information including the Materials found at or on the Website, the content of any text or the layout/design of any page of the Website or any form contained on a page of the Website without the express prior written consent of Panco in each instance. In addition, you may not use any meta-tags or any other “hidden text” utilizing a Panco  or Panco affiliate name, trademark, or product name without express written consent from Panco in each instance.

COOKIES AND WEB BEACONS

 Like any other website, Panco  uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.

To the maximum extent permitted by law, in no event shall company or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if company has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

NONINTERFERENCE

You shall not circumvent, disable, or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Materials and/or Third-Party Content or enforce limitations on use of the Website or any such content therein.

DISCLAIMER OF WARRANTIES

Except as may be expressly set forth otherwise in a written agreement between you and Panco or a Panco  affiliate, Panco has no special relationship with or fiduciary duty to you. All use of the website, including without limitation materials and third-party content shall be at your own risk and all of the foregoing are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Panco assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of materials and/or third party content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website, (iii) any unauthorized access to or use of Panco secure servers, (iv) any interruption or cessation of transmission to or use of the website, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (vi) 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 content posted, emailed, transmitted, or otherwise made available via the website. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

To the extent Panco is managing a property where you are renting an apartment, you must rely solely on your own investigation and conclusions regarding such apartment, including without limitation conclusions involving construction, engineering, and financial matters. Information on the Website should not be relied upon for accuracy, timeliness, completeness, and projections, forecasts and estimates on the Website are not guarantees of current or future performance.

LIMITATION OF LIABILITY

In no event shall Panco be liable to you or any third party claiming through you for any damages in connection with your use of the Website, your inability to use the Website or any content appearing on the Website. In no event will Panco be liable to you or any third party claiming through you for any indirect, consequential, exemplary, punitive, special or incidental damages, including without limitation, damages arising from claims related to personal injury or death, loss of data, lost revenue, lost profits, loss of use or other economic advantage, change in applicable government regulations, regardless of the form of the action and regardless of whether Panco has been advised of the possibility of such damage notwithstanding the foregoing limitations, in no event will the total, cumulative liability of Panco for damages under the terms of use exceed one hundred dollars ($100.00). Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

PRESS RELEASES

The information contained within press releases issued by Panco and its affiliates should not be deemed accurate or current except as of the date the release was posted. Panco  and its affiliates have no intention of updating, and specifically disclaim any duty to update, the information in the press releases.

DIGITAL MILLENNIUM COPYRIGHT ACT

Panco does not permit copyright infringing activities and infringement of intellectual property rights on the Website.

If a person is a copyright owner or an agent thereof and believes that any content posted on the Website infringes upon another’s copyrights, such person may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the Panco copyright contact with the following information in writing (see 17 U.C. 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact the reporting person, such as an address, telephone number, and, if available, an electronic mail; A statement that the reporting person 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 A statement that the information in the notification is accurate, and under penalty of perjury, that the reporting person is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The designated  copyright contact (“Copyright Contact”) to receive notifications of claimed infringement is: Panco Operations, 50 Main Street, Suite 1101, White Plains, NY 10606, Attn: Digital Marketing. Please be advised that DMCA notices should go to the Copyright Contact; any other feedback, comments, requests for technical support, and other communications should be directed to Panco customer service through DigitalMarketing@Pancomgt.com. The complaining person acknowledges that in the event he/she fails to comply with all the requirements of this Section, such person’s DMCA notice may not be valid.

RELEASE AND INDEMNITY

You hereby agree to release, hold harmless and forever discharge Panco, its officers, directors, owners, operators, employees, licensors and agents, (the “released parties”) and to fully indemnify, protect, defend and hold harmless the released parties from any and all manner of liability, actions, suits, debts, accounts, damages, judgments, claims or demands whatsoever in law, equity or otherwise, which you, your heirs, executors or administrators, employees, agents or affiliates hereafter can, shall or may have against any of the released parties for, upon or by reason of (i) your use of and access to the website, including without limitation any materials contained herein; (ii) your violation of any of these terms of use; and/or (iii) your violation of any third party right, including without limitation any third party content or any other third party copyright, property, or privacy right in connection with your use of or access to the website, (iv) your provision of personal information to the released parties and their good faith release of personal information to service providers and or their agents in accordance with the privacy policy and terms of us, (v) any resulting damages or injuries caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, malware, virus, intrusion, compromise, security breach or inadvertent and/or unauthorized release, disclosure, access, acquisition, exfiltration, use or misuse of personal information maintained, stored, received, transmitted, processed or utilized by the released parties as a result of your access of this website or your relationship with the released parties.

ELECTRONIC COMMUNICATIONS

The communications between you and Panco uses electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Panco in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Panco  provides to you electronically satisfy any legal obligation that such communications would satisfy if it were to be in a hard copy writing.

GENERAL

These Terms are subject to occasional revisions. These changes will be effective immediately for new users of our Site. Continued use of our Site after such changes shall indicate your acknowledgement and agreement to be bound by the terms and conditions of such changes. 

The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.

These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Panco’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

CONTACT INFORMATION

Email: DigitalMarketing@PancoMgt.com