303 Holdings, Inc. (dba Pando) ("Pando") Terms and Conditions 2019

1. Introduction.

These Website Standard Terms And Conditions (these “Terms” or these “Website Standard

Terms And Conditions”) contained herein on this webpage, shall govern your use of this

website, including all pages within this website (collectively referred to herein below as this

“Website”). These Terms apply in full force and effect to your use of this Website and by using

this Website, you expressly accept all terms and conditions contained herein in full. You must

not use this Website, if you have any objection to any of these Website Standard Terms And

Conditions.

This Website is not for use by any minors (defined as those who are not at least 18 years of

age), and you must not use this Website if you a minor.

2. Intellectual Property Rights.

Other than content you own, which you may have opted to include on this Website, under these

Terms, Pando and/or its licensors own all rights to the intellectual property and material

contained in this Website, and all such rights are reserved.

You are granted a limited license only, subject to the restrictions provided in these Terms, for

purposes of viewing the material contained on this Website, 

 

3. Restrictions

You are expressly and emphatically restricted from all of the following:

1. publishing any Website material in any media;

2. selling, sublicensing and/or otherwise commercializing any Website material;

3. publicly performing and/or showing any Website material;

4. using this Website in any way that is, or may be, damaging to this Website;

5. using this Website in any way that impacts user access to this Website;

6. using this Website contrary to applicable laws and regulations, or in a way that causes, or

may cause, harm to the Website, or to any person or business entity;

7. engaging in any data mining, data harvesting, data extracting or any other similar activity in

relation to this Website, or while using this Website;

8. using this Website to engage in any advertising or marketing;

Certain areas of this Website are restricted from access by you and Pando may further restrict

access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any

user ID and password you may have for this Website are confidential and you must maintain

confidentiality of such information.

4. Your Content.

In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video,

text, images or other material you choose to display on this Website. With respect to Your

Content, by displaying it, you grant Pando a non-exclusive, worldwide, irrevocable, royalty-free,

sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all

media.

Your Content must be your own and must not be infringing on any third party’s

rights. Pando reserves the right to remove any of Your Content from this Website at any time,

and for any reason, without notice.

5. No warranties.

This Website is provided “as is,” with all faults, and Pando makes no express or implied

representations or warranties, of any kind related to this Website or the materials contained on

this Website. Additionally, nothing contained on this Website shall be construed as providing

consult or advice to you.

6. Limitation of liability.

In no event shall Pando, nor any of its officers, directors and employees, be liable to you for

anything arising out of or in any way connected with your use of this Website, whether such

liability is under contract, tort or otherwise, and Pando, including its officers, directors and

employees shall not be liable for any indirect, consequential or special liability arising out of or in

any way related to your use of this Website.

7. Indemnification.

You hereby indemnify to the fullest extent Pando from and against any and all liabilities, costs,

demands, causes of action, damages and expenses (including reasonable attorney’s fees)

arising out of or in any way related to your breach of any of the provisions of these Terms.

8. Severability.

If any provision of these Terms is found to be unenforceable or invalid under any applicable law,

such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a

whole, and such provisions shall be deleted without affecting the remaining provisions herein.

9. Variation of Terms.

Pando is permitted to revise these Terms at any time as it sees fit, and by using this Website

you are expected to review such Terms on a regular basis to ensure you understand all terms

and conditions governing use of this Website.

10. Assignment.

Pando shall be permitted to assign, transfer, and subcontract its rights and/or

obligations under these Terms without any notification or consent required. However, .you shall

not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under

these Terms.

11. Entire Agreement.

These Terms, including any legal notices and disclaimers contained on this Website, constitute

the entire agreement between Pando and you in relation to your use of this Website, and

supersede all prior agreements and understandings with respect to the same.

12. Governing Law & Jurisdiction.

These Terms will be governed by and construed in accordance with the laws of the State

of Delaware, and you submit to the non-exclusive jurisdiction of the state and federal

courts located in Delaware for the resolution of any disputes.