PRIVACY POLICY – Panda Travel
We take your privacy very seriously, and will protect it at all times. We use the information you provide only to provide services for you and other people you may represent.
We do not share or sell any information on our clients, except as authorized by you to secure reservations you have requested, such as to airlines, hotels, cruise suppliers, etc.
Most, if not all, of these suppliers post their own privacy policies. Panda Travel has no control over the information it provides to these suppliers.
Clients become part of our preferred mailing list, and we do maintain a travel profile on your travel preferences. This information is stored only for use by your travel agent or senior management at Panda Travel. No one else can access this information.
LINKS TO THIRD PARTY SITES
Some of the links of our website lead to other websites. These linked sites are not under the control of Panda Travel, and we are not responsible for any linked site. These links are provided only for your convenience.
DATA SECURITY
We have taken appropriate procedures to prevent unauthorized access to the information we collect online.
If you have any questions about our privacy policies, please contact us.
Terms of Use
Welcome to PANDA TRAVEL, our travel planning website. The PANDA TRAVEL website is owned and operated by Resort Options Enterprises, Inc. (“PANDA TRAVEL”).
This Agreement governs your use of the PANDA TRAVEL website at www.pandatravel.com. By using the PANDA TRAVEL website, you agree to be bound by these terms of service.
THIS AGREEMENT DOES NOT COVER USE OF THIRD PARTY TOOLS ACCESSIBLE FROM THE PANDA TRAVEL WEBSITE
Several third-party sites and tools are accessible from the PANDA TRAVEL website. This agreement does not govern your use of those websites and tools. PANDA TRAVEL has no control over any web sites or resources that are provided by companies or persons other than PANDA TRAVEL.
Some sections of this Agreement modify very important rights. In those sections, the text is written in all capital letters. As you review this Agreement, please pay particular attention to those sections in all capital letters.
1. This Agreement
The following sections describe the basic parameters of the Agreement, including requirements for eligibility to use the PANDA TRAVEL website, modification of this agreement, termination of this agreement, and how PANDA TRAVEL gives notice of changes to this agreement. This agreement was last modified on November 29, 2007.
1.1. The Agreement
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the PANDA TRAVEL website. By using the PANDA TRAVEL website, you agree to be bound by this Agreement. You are only authorized to use the PANDA TRAVEL website, whether such use is intentional or not, if you agree to abide by this Agreement, and all other applicable laws. Please read this agreement carefully and save it. If you do not agree with it, you should leave the PANDA TRAVEL website immediately, and discontinue use of the PANDA TRAVEL website.
1.2. Modification of This Agreement
PANDA TRAVEL may modify this Agreement from time to time and such modification will be effective upon posting on the PANDA TRAVEL website. You agree to be bound to any changes to this Agreement when you use a PANDA TRAVEL website or PANDA TRAVEL service after any such modification is posted. It is important that you review this Agreement regularly to ensure you are aware of any changes. The current version of this Agreement can always be viewed at http://www.pandatravel.com/terms_of_use/ and printed from there.
1.3. Termination of This Agreement
PANDA TRAVEL may terminate this Agreement without prior notice and at PANDA TRAVEL's sole discretion. Termination of this Agreement will result in revocation of the license granted in section 2 of this agreement, and denial of access to the PANDA TRAVEL website. Cause for such termination may include, but is not limited to:
(a) breaches or violations of the Agreement or other incorporated agreements or guidelines
(b) requests by law enforcement or other government agencies
(c) At your request
(d) discontinuance or material modification to the PANDA TRAVEL website or any portion thereof.
(e) unexpected technical or security issues or problems
(f) your engagement in fraudulent or illegal activities, whether related to your use of the PANDA TRAVEL website or not; or
(g) nonpayment of any fees you may owe in connection with use of the PANDA TRAVEL website, or other PANDA TRAVEL services.
Further, you agree that PANDA TRAVEL will make the decision to terminate your account at PANDA TRAVEL’s sole discretion, and that PANDA TRAVEL will not be liable to you or to any third party for any damages resulting from termination of your account, or loss of access to the PANDA TRAVEL website.
1.4. Notices
PANDA TRAVEL may provide you with notices, including those regarding changes to this Agreement, at PANDA TRAVEL's sole discretion, in any manner PANDA TRAVEL decides, including, but not limited to, posting to one of the PANDA TRAVEL website, email or regular mail.
2. License Grant
PANDA TRAVEL hereby grants you a non-exclusive worldwide right to use the PANDA TRAVEL website solely for legitimate business purposes, subject to the terms and conditions of this Agreement.
3. Your Obligations
In consideration of the license granted in Section 2, above, you agree to the following :
3.1. Client Conduct
You agree that you will not use the PANDA TRAVEL website to:
(a) transmit or make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) transmit or make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
(e) interfere with or disrupt the PANDA TRAVEL website or servers or networks connected to the PANDA TRAVEL website, or disobey any requirements, procedures, policies or regulations of networks connected to the PANDA TRAVEL website;
(f) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(g) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
(h) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
3.2. No Resale of Services
You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purpose, any portion of the PANDA TRAVEL website, use of the PANDA TRAVEL website, or access to the PANDA TRAVEL website.
3.3. No Competitive Use
You may not use the PANDA TRAVEL website if you are affiliated with a competitor to PANDA TRAVEL, as determined at PANDA TRAVEL’s sole discretion, either as an officer, employee, agent, or other affiliate, without PANDA TRAVEL’s prior written consent. You may not access the PANDA TRAVEL website for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive reasons.
4. PANDA TRAVEL’s Intellectual Property
PANDA TRAVEL owns certain valuable intellectual property included in the PANDA TRAVEL website. The following describes limitations on your license to use that intellectual property, and your obligations to use it in accordance with that license.
4.1. Ownership of the Information
This website contains information, text, software, photos, video, graphics, music, sounds, and other material (called “Materials”) that are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights (called “Intellectual Property Rights”). These Intellectual Property Rights are valid and protected in all forms, media and technologies existing now or developed later. All right, title, and interest in these Materials belong solely and exclusively to PANDA TRAVEL.
4.2. Use of the Information and Materials on the Website
Except as you may be expressly permitted by this Agreement, you may not use, modify, adapt, reformat, download, upload, post, reproduce, broadcast, publish, display, perform, transfer or redistribute any Materials in any form, format or media or by means of any technology without obtaining the prior written authorization of PANDA TRAVEL, and any other owner of the Intellectual Property Rights in such Materials.
You must have prior written permission from PANDA TRAVEL to reproduce Materials from the PANDA TRAVEL website. If you reproduce Materials from the PANDA TRAVEL website, you must preserve any copyright, trademark or other notices contained in or associated with the Materials. This means, among other things, that if the specific Material you are reproducing does not contain the relevant notices that appear on the website, you must go to the place on the website where such notices appear and copy them into the Materials you are reproducing.
4.3. PANDA TRAVEL’s Copyrights and Trademarks
All copyrights and copyrightable materials which are part of PANDA TRAVEL that are not Member content, including without limitation, the PANDA TRAVEL logos, designs, text, graphics, pictures, photos, files, software, applications, code, hidden text, databases and other files and the selection and arrangement thereof are COPYRIGHT © 2007 Resort Option Enterprises, Inc. , All Rights Reserved.
PANDA TRAVEL and the Panda Travel Logo are trademarks of Resort Options Enterprises, Inc. and may not be copied, imitated or used, in whole or in part, without the prior written permission of Resort Options Enterprises, Inc..
4.4. Third Party Intellectual Property Rights
All copyrights and trademarks of third parties that may appear on the PANDA TRAVEL website are property of those third parties, and may not be duplicated or used without the consent of the owner.
5. Privacy
PANDA TRAVEL takes the privacy of your information very seriously. This section describes the privacy policy, and some important limitations to it.
5.1. PANDA TRAVEL’s Privacy Policy
Registration Data and certain other information about you, known as “Personally Identifiable Information,” is subject to our Privacy Policy. By using the PANDA TRAVEL website, you represent that you have read that Privacy Policy and that you have accepted its terms. You understand that through your use of the PANDA TRAVEL website you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by PANDA TRAVEL, its affiliates and under certain circumstances, commercial partners. The PANDA TRAVEL Privacy Policy can be viewed and printed at http://www.pandatravel.com/privacy_policy/.
5.2. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all rules regarding online conduct specific to any geographic location in which you use the PANDA TRAVEL website. You also agree to comply with any applicable United States export rules that may govern the geographic location in which you use the PANDA TRAVEL website.
5.3. Limitation on the Privacy of Your Registration Data and Content
You agree that PANDA TRAVEL may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the Agreement;
(c) respond to claims that any Content violates the rights of third parties;
(d) respond to your requests for customer service;
(e) protect the rights, property or personal safety of PANDA TRAVEL, its users and the public.
6. Disclaimers and Limitations
This section includes important disclaimers and limitations on PANDA TRAVEL’s liability.
6.1. Links to Third Party Web Sites
The PANDA TRAVEL website may include hyperlinks to other web sites or content or resources. PANDA TRAVEL may have no control over any web sites or resources which are provided by companies or persons other than PANDA TRAVEL. You acknowledge and agree that PANDA TRAVEL is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that PANDA TRAVEL is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
6.2. Prices Subject to Change Without Notice
Prices listed on the PANDA TRAVEL website are subject to change without notice. PANDA TRAVEL’s listing of a particular price for a particular item is an indicator of the price PANDA TRAVEL believes the item to be available for. It is not a guarantee that that item is available at the price listed.
Availability of items listed on the PANDA TRAVEL website is subject to change without notice. PANDA TRAVEL’s listing of a particular item is an indicator that PANDA TRAVEL believes the item to be available for purchase. It is not a guarantee that the item listed is in fact available for purchase.
6.3. Disclaimer of Warranties
THIS SECTION IS EXTREMELY IMPORTANT. PLEASE READ IT CAREFULLY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PANDA TRAVEL WEBSITE IS PROVIDED ENTIRELY "AS IS," WITHOUT ANY WARRANTY WHATSOEVER, AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY EXPRESSLY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH WARRANTIES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PANDA TRAVEL OR THROUGH OR FROM THE PANDA TRAVEL WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
6.4. Limitation of Liability
THIS SECTION IS EXTREMELY IMPORTANT. PLEASE READ IT CAREFULLY
IN NO EVENT SHALL PANDA TRAVEL, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT (INCLUDING WITHOUT LIMITATION, COST OF COVER) DAMAGES, LOSS OR INJURY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICES, CONTENT OR OTHER MATERIALS PROVIDED OR AVAILABLE HEREUNDER, OR USE OF ANY OTHER LINKS OR LINKED WEBSITES, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS NOW OR HEREAFTER KNOWN.
THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEYS’ FEES, LOST PROFITS, PHYSICAL AND/OR PERSONAL INJURY, BUSINESS INTERRUPTION, AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM. YOU AGREE AND ACKNOWLEDGE THE ECONOMIC TERMS OF THIS AGREEMENT FAIRLY AND EQUITABLY REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A MATERIAL INDUCEMENT FOR US TO MAKE AVAILABLE TO YOU OUR WEBSITES AND OTHER CONTENT AND MATERIALS.
6.5. Indemnification
You agree to indemnify and defend PANDA TRAVEL and its subsidiaries, affiliates, officers, agents, employees, partners, licensors and licensees from any claim or demand, including attorney's fees and costs, made by any third party due to or arising out of your use of the PANDA TRAVEL website, your connection with the PANDA TRAVEL website, or your violation of this Agreement.
6.6. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided herein, this Agreement does not confer and is not intended to confer any rights or remedies upon any person other than you.
6.7. Non-Transferability and No Right of Survivorship
You agree that your right to access the PANDA TRAVEL website is personal and non-transferable.
6.8. Assumption of Risk
You agree that you must evaluate and bear all risks associated with, the use of any PANDA TRAVEL website or services, including any reliance on the accuracy, completeness, or usefulness of such website or services.
7. Dispute Resolution
This section contains agreements regarding how you and PANDA TRAVEL will resolve disputes between you, including a clause mandating Arbitration in any dispute, and a clause waiving your rights to pursue a class action against PANDA TRAVEL, or a class arbitration against PANDA TRAVEL
7.1. Arbitration
You and PANDA TRAVEL each agree to submit to binding arbitration in the event of a dispute, controversy or claim (each, a "Claim") arising out of or in connection with these Terms of Use, the Privacy Policy, your or PANDA TRAVEL's rights and obligations under these Terms of Use or the Privacy Policy, the website or use of the website.
To the extent you have in any manner violated or threatened to violate PANDA TRAVEL's intellectual property rights, however, PANDA TRAVEL may seek injunctive or other appropriate relief in any court in the State of Arizona, and you consent to exclusive jurisdiction and venue in such courts.
The arbitration will be held in the State of Arizona before one arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a dispute as a class action. You also expressly waive your right to a jury trial. You may select one of the following arbitration organizations and its applicable rules: the National Arbitration Forum, Box 50191, Minneapolis, MN 55405-0191 (www.arb-forum.com), or JAMS, Two Embarcadero Center Suite 1100 San Francisco, CA 94111 (www.jamsadr.com).
If you fail to select an arbitration organization within 30 days after notice from PANDA TRAVEL, PANDA TRAVEL may select the organization. You may obtain a copy of the rules of each organization by contacting the organization. In the event that any Claim cannot be submitted to binding arbitration pursuant to the rules of any such organization, such event shall not affect the enforceability of this clause so long as the Claim may be submitted to binding arbitration with one of the organizations. You and PANDA TRAVEL shall agree on one arbitrator to conduct the arbitration and the arbitrator shall be selected pursuant to the applicable rules. Each party shall be responsible for its own attorney, expert and other fees, unless such fees are awarded by the arbitrator to the prevailing party.
7.2. Arbitration Final
The arbitrator's award is final and binding on all parties. The Federal Arbitration Act (9 U.S.C. §1 et seq.), and not any state law concerning arbitration, governs all arbitration under this clause. Any court having jurisdiction may enter judgment on the arbitrator's award. If any part of this clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. Notwithstanding anything to the contrary contained herein, if the waiver of class action rights contained herein is not enforceable as to any person or persons, the provisions of Section 11.2 of these Terms of Use shall apply to such person or persons only, and all other persons shall continue to be governed by the Arbitration Clause.
7.3. No Class Action
These Terms of Use provide that all Claims will be resolved by binding arbitration and not in court or by jury trial.
IF A CLAIM IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST THE COMPANY INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS INCLUDES GIVING UP YOUR RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH IN ANY STATE STATUTE.
8. Governance
This section includes several important clauses governing the interpretation of the contract, where and under what law disputes may be adjudicated, and other important aspect of the governance of this agreement.
8.1. Entire Agreement
This Agreement constitutes the final agreement between you and PANDA TRAVEL. It is the complete and exclusive expression of your agreement on the matters contained herein. All prior and contemporaneous negotiations and agreements between you and PANDA TRAVEL on matters contained in this Agreement are expressly merged into and superseded by this Agreement. The provisions of this Agreement may not be explained, supplemented or qualified through evidence of trade usage or a prior course of dealings. In entering into this Agreement, neither you nor PANDA TRAVEL has relied upon any statement, representation, warranty or agreement of the other party except for those expressly contained in this Agreement.
THERE ARE NO CONDITIONS PRECEDENT TO THE EFFECTIVENESS OF THIS AGREEMENT, OTHER THAN THOSE EXPRESSLY STATED IN THIS AGREEMENT.
8.2. Choice of Law, Forum, and Venue
THE LAWS OF THE STATE OF ARIZONA, WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAWS PRINCIPLES, GOVERN ALL MATTERS ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE TRANSACTIONS IT CONTEMPLETES, INCLUDING, WITHOUT LIMITATION, ITS INTERPRETATION, CONSTRUCTION, PERFORMANCE, AND ENFORCEMENT.
You have agreed in Section 7 to submit to binding arbitration. However, if Section 7 is found not to have legal affect by any court with jurisdiction over this agreement, jurisdiction over actions arising out of or related to this Agreement, and jurisdiction over PANDA TRAVEL, then if you bring a legal action or proceeding against PANDA TRAVEL arising out of or related to this Agreement, you agree that you may only bring such action or proceeding in the United States District Court for Arizona, or in any court of the State of Arizona.
8.3. Severability and Waiver
PANDA TRAVEL’s failure to exercise or enforce any right granted in this Agreement shall not constitute a waiver of such right.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you nonetheless agree that such court should endeavor to give full effect to the parties’ intentions as reflected in such provision, and you agree that other provisions of the Agreement remain in full effect.
8.4. No Agency
This Agreement creates no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and PANDA TRAVEL, and intends no such relationship.
8.5. Survival
Sections 6, 7, and 8 will survive the termination or expiration of this agreement.
8.6. Claim Time Limitation
You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to use of the PANDA TRAVEL website, or this Agreement must be filed within one year after such claim or cause of action arises or be forever barred.
8.7. Captions Not Binding
The captions and numbering of this Agreement are a convenience only and have no legal effect.
