Terms and Conditions – Pan Am Equities, Inc.
Welcome to the Pan Am Equities, Inc. web site (this “Site”). Pan Am Equities, Inc. provides this Site subject to the following terms and conditions (the “Terms and Conditions”). These Terms and Conditions detail a contractual relationship and contractual agreement between you, the user (“You,” “Your, “User”), and Pan Am Equities, Inc. regarding Your use of this Site. You should carefully read these Terms and Conditions in their entirety prior to Your use of the Site and consult an attorney should You have any questions or concerns regarding these Terms and Conditions.
- Acceptance of Terms. Your access to and use of this web site (this “Site”) is subject to Your compliance with the following terms and conditions (the “Terms and Conditions”) and all applicable laws. By accessing and/or browsing this Site, You accept, without limitation or qualification, the Terms and Conditions herein and agree to be bound by all of the Terms and Conditions outlined herein and to use the Site only as permitted by these Terms and Conditions and not for any unlawful or inappropriate use. Pan Am Equities, Inc. (“Pan Am”) may revise these Terms and Conditions at any time by updating this posting. Pan Am reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time. Such modifications to these Terms and Conditions shall be effective immediately upon posting. Your continued use of this Site is contingent upon Your agreement to be bound by any such revisions or modifications. You can view the most current version of the Terms and Conditions at any time by visiting this Site. Please note that web sites launched by any affiliates, subsidiaries or divisions of Pan Am may be governed by separate terms and conditions. If You do not agree with these Terms and Conditions, You must immediately stop using the Site. Pan Am may terminate, change, or discontinue any aspect of the Site at any time. Pan Am may impose limits on certain features and services or restrict Your access to parts or the entire Site without notice or liability. Pan Am may terminate the authorization, rights and licenses given herein. DO NOT USE THIS SITE IF YOU DO NOT AGREE WITH THESE TERMS.
- User Responsibility. You warrant and represent to Pan Am that You will not use this Site for any purpose that is unlawful or prohibited by these Terms and Conditions, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. You agree that You will not use this Site to interfere with or disrupt Pan Am’s servers or networks, disobey any requirements, procedures, policies, or regulations of Pan Am’s servers or networks, or intentionally or unintentionally violate any applicable local, state, national, or international law, regulation, or ordinance, or these Terms and Conditions. If You violate any of these Terms and Conditions, Your permission to use this Site immediately terminates without the necessity of any notice. Pan Am reserves the right to deny access to anyone at Pan Am’s sole discretion for any reason, including for violation of these Terms and Conditions. You are specifically prohibited from any use of this Site, and You agree not to use or permit others to use this Site, for any of the following: (a) to take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure, including but not limited to “spam” or other such unsolicited mass e-mailing techniques; (b) to decipher, decompile, disassemble, or reverse engineer any of the software or HTML code comprising or in any way making up part of this Site; (c) to upload, post, email or otherwise transmit any information, Content, or proprietary rights that You do not have a right to transmit under any law or under contractual or fiduciary relationships; (d) to violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; and (e) using any robot, spider, intelligent agent, or other automatic device, or manual process to search, monitor or copy the Site, the Content, or any other related material without Pan Am’s express prior written permission.
- Use of Content. All information and content (“Content”) included on the Site, including, but not limited to text, photographs, images, illustrations, audio clips, and video clips, is provided “as is” and without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Pan Am strives to provide accurate and up-to-date Content and material on the Site. However, Pan Am makes no warranties or representations as to the accuracy or timeliness of the material provided through the Site. Pan Am assumes no liability or responsibility for any errors or omissions on the Site. You agree not to take action, alone or with others, that would interfere with the operation or performance of the Site, to alter the Site in any way, or to impede others’ access to and freedom to enjoy and use the Site. Any use of this Site is for Your personal use only. Any use of materials or Content contained on this Site, including, without limitation, reproduction, distribution, modification, adaptation and republication without the written permission of Pan Am is expressly prohibited. Unless otherwise noted, all Content contained on the Site is protected by copyrights, trademarks, and/or other intellectual property laws.
- Intellectual Property. All Content included on the Site, including, but not limited to text, graphics, logos, button icons, images, photographs, illustrations, audio clips, video clips, and software, is owned and controlled by Pan Am or its content suppliers/licensors (collectively, “Providers”) and is protected under United States federal, state and/or international copyright, trademark, service mark, and/or other intellectual property rights, laws, and regulations. You agree to access the materials posted on these pages manually, and not automatically, and solely for Your personal, non-commercial use. You agree not to copy, modify, broadcast, publish, retransmit, disseminate, commercially exploit, upload, reproduce, exploit, or distribute (including by e-mail or other electronic means) the contents of these pages without the express written permission of Pan Am. You agree to abide by all additional copyright notices, information, or restrictions contained in any Content. Nothing contained herein confers, by implication, estoppel or otherwise, any license or right under any patent, trademark, copyright or other proprietary right of Pan Am. You may not frame, deep link, or otherwise incorporate into any other web site any of the Content or other materials on this Site without Pan Am’s express prior written consent. Violation of trademark and copyright laws may result in significant civil liability or criminal penalties under federal, state, and/or international law. You recognize that any reproduction or use of Content, except as authorized by these Terms and Conditions, is considered intentional infringement. All rights are hereby reserved.
- Listings and Property Information: The listing or identification of real estate on this web site does not constitute an offer to sell such property. Persons interested in discussing the availability of properties should contact us at the address on the “Contact” page of this website. The descriptions and other details are intended solely to provide a generalized orientation of the property, and are not intended to be relied on by You for any purpose. Square footages and/or room dimensions and/or descriptions are approximations and may vary. Photos and images may vary from actual apartments and are for illustrative purposes only and do not necessarily represent final construction. All Content on this website is for informational purposes only and is subject to change without notice. The Content of this web site is provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Pan Am Equities, Inc. hereby disclaims any and all warranties. In no event will any party be liable for any damages whatsoever, including special, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data, whether brought in contract or tort, arising out of or connected with the web site or the use or reliance upon any of the Content or any information accessed from the web site.All material herein is intended for informational purposes only and has been compiled from sources deemed reliable; such information is subject to errors, omissions, changes in price, rental, commission, prior lease/sale, or withdrawal without notice. Information on this site is not intended as legal or financial advice. No representation is made as to the accuracy of any description. All measurements and square footages are approximate, exact dimensions can be obtained by retaining the services of a professional architect or engineer. All rights to content, photographs and graphics reserved. Listings are provided solely as a convenience to customers.
- Fair Housing / Equal Opportunity Statement: Pan Am encourages and supports an affirmative advertising marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, gender (including gender identity), handicap/disability, sexual orientation, familial status, lawful occupation, presence of children, marital status, partnership status, citizenship status, lawful source of income, national origin, or any other factor illegal under federal, state or city law. All residential real estate information on this web site is subject to the Federal Fair Housing Act Title VIII of the Civil Rights Act of 1968, as amended, which makes it illegal to advertise “any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial states, or national origin, or intention to make any such preference, limitation or discrimination.” Your state or local jurisdiction may impose additional requirements. We are committed to the letter and spirit of the United States policy for the achievement of equal housing opportunity.
- Limitation of Liability / No Warranties. IN NO EVENT SHALL PAN AM, ITS AFFILIATES OR ITS OR THEIR RESPECTIVE SHAREHOLDERS, PARTNERS, OFFICERS, TRUSTEES, DIRECTORS, AGENTS OR REPRESENTATIVES, OR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DAMAGE TO PROPERTY, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PAN AM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO: (I) YOUR USE OR INABILITY TO USE THE SITE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENT OR CONDUCT OF ANY THIRD PARTY ON THE SITE; AND/OR (IV) ANY OTHER MATTER RELATING TO THE SITE OR ITS CONTENTS, WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER PAN AM KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING WITHOUT LIMITATION FROM THE USE OR ATTEMPTED USE OF THIS SITE OR ANY OTHER LINKED SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUCH DAMAGES ARE NOT CALCULABLE. PAN AM DOES NOT MAKE ANY WARRANTY AS TO THE CONTENT ON THE SITE.ALL CONTENT ON THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE UNITED STATES LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NETHER PAN AM, ITS AFFILIATED OR RELATED ENTITIES, CONTENT PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS SITE, WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. PAN AM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE, OR AS TO THE RELIABILITY, ACCURACY, USEFULNESS, OR CURRENCY OF ANY CONTENT, SERVICE, AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS SITE.ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITE IS DONE AT YOUR OWN RISK AND DISCRETION, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. YOU USE THIS WEBSITE AT YOUR OWN RISK. YOU ASSUME THE ENTIRE COST OF ALL SERVICING AND REPAIR OR CORRECTION OF YOUR SYSTEM.
- Indemnification. Each User of the Site agrees to indemnify, defend, and hold harmless Pan Am, its affiliates, and its and their respective shareholders, partners, officers, trustees, directors, agents, Providers, and representatives from and against any and all claims, demands, actions, costs, liabilities, losses, damages and expenses of any kind, including attorneys’ fees, arising out of Your use of the Site and the Content herein, Your breach of any provision of the Terms and conditions and/or any negligent acts, omissions, or intentional wrongdoing by You. We reserve the right to report any wrongdoing, if and when Pan Am becomes aware of it, to any applicable government agency.
- Severability. The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of the Terms and Conditions are held invalid, void, unlawful, or for any reason unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of Pan Am to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
- Jurisdiction. The Content of this Site is presented solely for information use in the United States. Pan Am makes no representation that this Site or its Content is appropriate or available for use in other jurisdictions. This site is not intended for distribution to, or use by, any person or entity, or any jurisdiction or country where such distribution or use would be contrary to local law or regulation or would subject Pan Am or any of its affiliates to any liability. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with local laws. Accessing this site from territories where the Content is illegal is prohibited.
- Governing Law. These Terms and Conditions shall be governed and construed in accordance with the laws of the State of New York, without regard to conflict of laws provisions and shall not be governed by the United Nations Convention on the International Sale of Goods. This shall not be construed to limit Pan Am’s rights under other international law and/or federal law. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions, Your use of this Site or its Content, and/or Your relationship with Pan Am, shall be filed only in the state or federal courts located in New York County and You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action, waive any objection to the laying of venue in such courts, and agree not to plead or claim in any New York court that such litigation brought therein has been brought in an inconvenient forum. All disputes relating to this Site or its Content shall be resolved individually, without resort to any form of class action.