Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable laws. If you do not agree to these terms and conditions, please do not use this site. Also, you must be 18 years old or older to access this site; if you are under 18 years old, you are not permitted to access this site for any reason and must exit immediately.
YOU MUST BE THE LEGAL AGE REQUIRED BY YOUR STATE OR PROVINCE TO PURCHASE OUR PRODUCTS. IT IS YOUR RESPONSIBILITY TO KNOW IF YOU ARE LEGALLY ABLE TO PURCHASE OUR PRODUCTS.
Terms and Conditions Agreement
These Terms and Conditions govern your use of this website, which is provided by getPANA, Inc (the “Site” or “Company”). By accessing this website, you are indicating your acknowledgment and acceptance of these Terms and Conditions. These Terms and Conditions are subject to change by the Site at any time in its discretion. Your use of this website after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please regularly consult these Terms and Conditions.
Access to This Website
To access this website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this website that all the information you provide on this website be correct, current, and complete. If the Site believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this website or any of its resources and to terminate or suspend your access at any time, without notice.
License to Use the Site
Subject to your compliance with these Terms of Service, we or our content providers (as applicable) grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Content on this site. This license does not allow you to resell or make any commercial use of the site, its Contents or our products sold through the site; make any derivative use of any of our Content; download, copy, or other use any account information for the benefit of any third party; or use any data mining, robots, or similar data gathering and/or extraction tools. All rights not expressly granted to you in these Terms of Service are reserved and retained by us or our licensors, suppliers, publishers, rightsholders, or other content providers. No Content on, or product sold through, this site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior express written consent. You may not misuse our products or Content. You may use our site only as permitted by law and these Terms of Service. The licenses we have granted you terminate if you do not comply with these Terms of Service.
Restrictions on Use
You may use this website for purposes expressly permitted by this website. You may not use this website for any other purpose, including any commercial purpose, without the Site’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) cobrand this website, or (ii) frame this website, or (iii) hyperlink to this website, without the express prior written permission of an authorized representative of the Site. For purposes of these Terms and Conditions, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this website or content accessible within this website. You agree to cooperate with the Site in causing any unauthorized co-branding, framing, or hyper-linking immediately to cease.
No material from this site may be modified, translated, decompiled, disassembled, broadcast, licensed, sublicensed, transferred, sold, mirrored, framed, exploited, rented, leased, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
The material and content (the “Content”) accessible from this website, and any other website owned, operated, licensed, or controlled by the Site is the proprietary information of the Site or the party that provided the Content to the Site, and the Site or the party that provided the Content to the Site retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of the Site, or unless authorized in writing elsewhere on our website, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms and Conditions violates the Site’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this website.
This website may be hyperlinked to other websites which are not maintained by, or related to, the Site. Hyperlinks to such websites are provided as a service to users and are not sponsored by or affiliated with this website or the Site. The Site has not reviewed any or all such websites and is not responsible for the content of those websites. Hyperlinks are to be accessed at the user’s own risk, and the Site makes no representations or warranties about the content, completeness or accuracy of these hyperlinks or the websites hyperlinked to this website. Further, the inclusion of any hyperlink to a third-party website does not necessarily imply endorsement by the Company of that website.
You understand that the Site cannot and does not guarantee or warrant that files available for downloading from it or any other sites linked to will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this website for the reconstruction of any lost data. The Site does not assume any responsibility or risk for your use of the Internet. The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Company. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this website is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. The Content is provided “as is” and without warranties of any kind, either expressed or implied. The Site disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. The Site does not warrant that the functions or Content contained in this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components. The Site does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and Company may make changes or improvements at any time. You, and not the Site, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE OR ITS CONTENT. THE SITE MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. All the information in this website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this website, and Company does not undertake any obligation to update such information after it is posted or to remove such information from this website if it is not, or is no longer, accurate or complete.
Limitation on Liability
This Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if company has been advised of the possibility of such damages. In no event will the collective liability of Company and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount you have paid to company for the applicable content, product, or service out of which liability arose.
You will indemnify and hold the Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms and Conditions by you, including any use of Content other than as expressly authorized in these Terms and Conditions. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this website.
Trademarks and Copyrights
Trademarks, service marks, logos, graphics, images, HTML, codes, multimedia clips, Java codes, button icons, banners and software appearing in this site are our property or the property of the party that provided the trademarks, service marks, logos, or copyrighted material to us. We, and any party that provided any of the foregoing to us, retain all rights with respect to any of our or their respective trademarks, service marks, logos, and copyrighted material appearing in this site. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.
Information You Provide
You may not post, send, submit, publish, or transmit in connection with this website any material that:
you do not have the right to post, including proprietary material of any third party;
advocates illegal activity or discusses an intent to commit an illegal act;
vulgar, obscene, pornographic, or indecent;
does not pertain directly to this website;
threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
violates any law or may be considered to violate any law;
impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this website;
solicits funds, advertisers or sponsors;
includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this website;
includes MP3 format files;
amounts to a ‘pyramid’ or similar scheme;
disobeys any policy or regulations established from time to time regarding use of this website or any networks connected to this website; or
contains hyperlinks to other websites that contain content that falls within the descriptions set forth above.
Although under no obligation to do so, the Site reserves the right to monitor use of this website to determine compliance with these Terms and Conditions, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action or inaction by Company or such third party with respect to any submission.
Any passwords used for this website are for individual use only. You will be responsible for the security of your password (if any). The company will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Company considers insecure, Company will be entitled to require the password to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with this website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your details to system administrators at other websites to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms and Conditions. Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR RESULTING FROM ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN BECAUSE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.
In the event of any claims, disputes, or other controversies arising out of, or relating to, these Terms of Service, the use of this site or information obtained through this site, or any other claims, disputes, or controversies arising out of or relating to this site, or any other World Wide Web site owned, operated, licensed, or controlled by us (the “Dispute” and together the “Disputes”), you agree to resolve any Dispute by submitting the Dispute to JAMS through its offices located in Denver, Colorado (www.jamsadr.com/jams-denver and 303-534-1254, “ADR Firm”), or its successor, for mediation. Any party to the Dispute may commence mediation by providing to ADR Firm and the other parties a written request for mediation, setting forth the subject of the Dispute and the relief requested. The parties will cooperate with ADR Firm and with one another in selecting a mediator from ADR Firm’s panel of neutrals, and in scheduling the mediation proceedings promptly, not later than thirty (30) days after such request for mediation. The parties agree that they will participate in the mediation in good faith and that they will share equally in its costs. All offers, promises, conduct, and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts, and attorneys, and by the mediator or any ADR Firm employees, are confidential, privileged, and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.
If the Dispute is not resolved through mediation, then it shall be submitted to ADR Firm, or its successor, for final and binding arbitration pursuant to the then-current form of JAMS Comprehensive Arbitration Rules & Procedures (the “Rules”) before one arbitrator, selected by the agreement of the parties and, failing such agreement within thirty (30) days of the Dispute being submitted for arbitration, by ADR Firm in accordance with the Rules. All hearings shall be held in Denver, Colorado, USA. If ADR Firm ceases to exist and has no successor, then the parties shall submit the Dispute to an established alternative dispute resolution entity in Denver, Colorado. Any party may initiate arbitration with respect to the Disputes submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or forty-five (45) days after the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, any arbitration initiated under this clause shall be conducted by a single arbitrator. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as an arbitrator in the case. The provisions of this clause may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees, and expenses, including attorney fees, to be paid by the party against whom enforcement is ordered.
THE REQUIREMENT TO ARBITRATE MEANS YOU ARE WAIVING ANY RIGHT TO A TRIAL BY JURY.
No party to any mediation or arbitration under this clause shall be required to participate in any mediation or arbitration proceeding that involves more than one adverse party. The mediation or arbitration of any Dispute shall not be joined or consolidated with the mediation or arbitration of any other Dispute, even if such other Dispute relates to, arises out of or raises similar factual or legal claims.
If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms and Conditions constitute the entire agreement between the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this website will govern the items to which they pertain. The company may revise these Terms and Conditions at any time by updating this posting.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your copyrighted work has been used or displayed on our website in a way that constitutes copyright infringement, please report the alleged infringements by completing the following steps and by notifying our Designated Agent listed below. Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement should be sent ONLY to our Designated Agent.
The Notification of Claimed Infringement must include the following:
An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
Identification of the copyrighted work (or works) that you claim has been infringed;
A description and identification of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition, and pages of a book from which an excerpt was copied, etc.);
A clear description of where the infringing material is located on our site, including as applicable its URL, so that we can locate the material;
Your contact information, including your name, address, telephone number, and e-mail address;
A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:
Attn: Legal & Compliance
3802 Woodmont Lane Nashville, TN 37215
If you have questions or concerns about these Terms of Service, the practices of this site, or if you are interested in using any of the Content of this site, please contact us at:
3802 Woodmont Lane Nashville, TN 37215