Terms of Service
These terms govern use of the website https://pandaprivacy.org. To use the website, you must agree to these terms with Kyle E. Mitchell, the operator of the website.
- Important Terms
- Your Permission to Use the Website
- Conditions for Use of the Website
- Acceptable Use
- Your Responsibility
- Limits on Liability
- General Terms
These terms include a number of important provisions that affect your rights and responsibilities, such as the disclaimers in Disclaimers, limits on the company’s liability to you in Limits on Liability, your agreement to cover the company for damages caused by your misuse of the website in Your Responsibility, and an agreement to arbitrate disputes in Disputes.
Your Permission to Use the Website
Subject to these terms, the company gives you permission to use the website. You can’t transfer it to anyone else. Others need to agree to these terms for themselves to use the website.
Conditions for Use of the Website
Your permission to use the website is subject to the following conditions:
You must be at least thirteen years old.
You may no longer use the website if the company contacts you directly to say that you may not.
You must use the website in accordance with Acceptable Use.
You may not break the law using the website.
You may not automate access to the website, or monitor the website, such as with a web crawler, browser plug-in or add-on, or other computer program that is not a web browser. You may automate access to XML, JSON, and other data files, such as license list JSON files and RSS feeds. You may crawl the website to index it for a publicly available search engine.
You may not strain infrastructure of the website with an unreasonable volume of requests, or requests designed to impose an unreasonable load on information systems underlying the website.
You may not encourage or help anyone in violation of these terms.
The company may investigate and prosecute violations of these terms to the fullest legal extent. The company may notify and cooperate with law enforcement authorities in prosecuting violations of the law and these terms.
The company reserves the right to change, redact, and delete content on the website for any reason. If you believe someone has submitted content to the website in violation of these terms, please contact us immediately.
You agree to indemnify the company from legal claims by others related to your breach of these terms. Both you and the company agree to notify the other side of any legal claims for which you might have to indemnify the company as soon as possible. If the company fails to notify you of a legal claim promptly, you won’t have to indemnify the company for damages that you could have defended against or mitigated with prompt notice. You agree to allow the company to control investigation, defense, and settlement of legal claims for which you would have to indemnify the company, and to cooperate with those efforts. The company agrees not to agree to any settlement that admits fault for you or imposes obligations on you without your prior agreement.
You accept all risk of using the website and content on the website. As far as the law allows, the company provides the website as is, without any warranty whatsoever.
The website contains general legal information, not legal advice specific to you. If you need legal advice, engage a lawyer. They may decide that materials on the website meet your needs.
The website may hyperlink to and integrate websites and services run by others. The company does not make any warranty about services run by others, or content they may provide. Use of services run by others may be governed by other terms between you and the one running service.
Limits on Liability
The company will not be liable to you for breach-of-contract damages company personnel could not have reasonably foreseen when you agreed to these terms.
As far as the law allows, the company’s total liability to you for claims of any kind that are related to the website or content on the website will be limited to $50.
Either you or the company may end the agreement written out in these terms at any time. When our agreement ends, your permission to use the website also ends.
The following provisions survive the end of our agreement: Your Responsibility, Disclaimers, Limits on Liability, and General Terms.
California law will govern any dispute, including any legal proceedings, related to these terms or your use of the website.
You and the company agree to seek injunctions related to these terms only in state or federal court in Oakland, California. Neither you nor the company will object to jurisdiction, forum, or venue in those courts.
Other than to seek an injunction or for claims under the Computer Fraud and Abuse Act, you and the company will resolve any Dispute by binding American Arbitration Association arbitration. Arbitration will follow the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes. Arbitration will happen in Oakland, California. You will settle any dispute as an individual, and not as part of a class action or other representative proceeding, whether as the plaintiff or a class member. No arbitrator will consolidate any dispute with any other arbitration without the company’s permission.
Any arbitration award will include costs of the arbitration, reasonable attorneys’ fees, and reasonable costs for witnesses. You or the company may enter arbitration awards in any court with jurisdiction.
If a provision of these terms is unenforceable as written, but could be changed to make it enforceable, that provision should be modified to the minimum extent necessary to make it enforceable. Otherwise, that provision should be removed.
You may not assign your agreement with the company. The company may assign your agreement to any affiliate of the company, any other company that obtains control of the company, or any other company that buys assets of the company related to the website. Any attempted assignment against these terms has no legal effect.
Neither the exercise of any right under this Agreement, nor waiver of any breach of this Agreement, waives any other breach of this Agreement.
These terms embody all the terms of agreement between you and the company about use of the website. These terms entirely replace any other agreements about your use of the website, written or not.
You may notify the company under these terms, and send questions to the company, at firstname.lastname@example.org.
The company may notify you under these terms using the e-mail address you provide for your account on the website, or by posting a message to the homepage of the website or your account page.
The company last updated these terms on July 14, 2019, and may update these terms again. The company will post all updates to the website. For updates that contain substantial changes, the company agrees to e-mail you, if you’ve created an account and provided a valid e-mail address. The company may also announce updates with special messages or alerts on the website.
Once you get notice of an update to these terms, you must agree to the new terms in order to keep using the website.