Welcome to Panda Nook, provided by Panda Nook Realty Inc. By using Panda Nook's Web Sites (defined to include all properties (mobile, Web or otherwise) owned and operated by Panda Nook Realty), related data, and/or related services (collectively, "Services"), you agree to be bound by the following terms of use, as updated from time to time ("Terms of Use"). These Terms of Use are a legally binding contract between you and Panda Nook Realty. You must agree to these Terms of Use before using the Services. If you do not agree to all of the terms and conditions set forth in these Terms of Use, you may not use the Services. Panda Nook complaints or questions regarding these Terms of Use may be sent to contact@pandanook.com Panda Nook reviews questions regularly
1.Information you provide: When using the Services, you may provide information about yourself, such as name, address, phone number, email and details around a potential transaction. This may occur, for example, when you register on Panda Nook, claim a home, correspond with a real estate agent or other service provider via the Services, or complete other forms, such as a loan request. You may also provide information about a third party through the Services, for example, if you share a real estate listing with a recipient via email. We may combine this information with other information we collect from your interaction with the Services or from other companies. In addition, when you order products or services through the Services, Panda Nook may collect your credit/debit card information. This information is secured using industry-standard encryption technology. Panda Nook will use this information solely to complete your order and will not share this information with outside parties, except to the extent necessary to complete the order or comply with applicable law.
2.Restrictions and Additional Terms: You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. You will not use the Services for resale, service bureau, time-sharing or other similar purposes. Further:
a. Acceptable Use: You agree not to use the Services in any way that is unlawful, or harms Panda Nook, its service providers, suppliers, partners, stakeholders or any other user. You agree not to distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services. You agree not to impersonate another person or misrepresent your affiliation with another person or entity. Except as expressly stated herein, these Terms of Use do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Web sites or otherwise. Except as expressly stated herein and without limitation, you agree that you will not, nor will you permit or encourage any third party to, reproduce, publicly display, or otherwise make accessible on or through any other Web site, application, or service any information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services.
b. Payments to Vendors, Including But Not Limited To, Real Estate Agents, Attorneys, Escrow Agents, Inspectors, Photographers, Title Companies, Mortgage Brokers, and Insurers. Panda Noon will connect you with various vendors to assist you in your goals – reasons you signed up with Panda Nook. In turn, if you are the home seller or home buyer, you, including all names on the property being sold or bought, and if the seller or buyer is a business or a trust, all employees, officers, management, stakeholders, designees, and trustees of such business or trust agree to the following terms:
* You may work directly with various vendors Panda Nook connects you with on any services purchased through Panda Nook. This includes emailing and calling the vendors.
* Any referrals you make shall be made and sent only to Panda Nook, and not to the vendor(s) directly. Referrals may include but are not limited to your business affiliates, friends, family, and acquaintances.
If you are a vendor providing real estate related services, you agree to not accept direct payments from users introduced to you via Panda Nook, or their referrals.
c. Automated Queries. Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) are strictly prohibited on the Services, unless you have received express written permission from Panda Nook. As a limited exception, publicly available search engines and similar Internet navigation tools ("Search Engines") may query the Services and provide an index with links to the Services' Web pages, only to the extent such unlicensed "fair use" is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system ("captcha") which limits access to human users.
d. Google Maps. Some of the Services implement the Google Maps web mapping service. Your use of Google Maps is subject to Google's terms of use, located here.
e. Other Service Providers. Panda Nook leverages various third-party software and technology. The use of these technologies and software is subject to the respective third-party’s Terms, generally located on their website
3.Materials You Provide, Account Use, Privacy, Third Party Web Sites: For materials you post or otherwise provide to Panda Nook in connection with the Services (your "Submission"), you grant Panda Nook an irrevocable, perpetual, royalty-free worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Submission, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. Panda Nook will not pay you for your Submission or to exercise any rights related to your Submission set forth in the preceding sentence. Panda Nook may remove or modify your Submission at any time. For each Submission, you agree to provide accurate and complete information and represent that you have all rights necessary to grant Panda Nook the rights in this paragraph and that the Submission complies with Section 2(a) above. You are solely responsible for all Submissions made through your Panda Nook user account or that you otherwise make available through the Services. You may not share your Panda Nook user account with others. You are responsible for all actions taken via your account. Panda Nook will treat your use of the Services in accordance with its Privacy Policy. Certain Panda Nook functionalities may involve the distribution of your Submission to third party Web sites over which Panda Nook has no control. Panda Nook is not responsible for and makes no warranties or representations pertaining to these third party Web sites, including but not limited to the content, availability, or functionality of such Web sites. You are responsible for ensuring that your Submission complies with the terms of use associated with any such third party Web site and you understand that your Submission and your use of a third party Web site will be treated in accordance with that third party Web site's own privacy policy.
4.MLS Terms of Use: You understand and agree to all applicable MLS Terms of Use.
5.Linked Materials and Third-Party Materials: The Services include links to third-party products, services and Web sites, as well as materials provided by third parties. Panda Nook does not endorse, and takes no responsibility for such products, services, Web sites, and materials. You understand that Panda Nook has no obligation to, and generally does not, approve or monitor materials provided by third parties through the Services. Your dealings with any third party arising in connection with the Services are solely between you and such third party, and Panda Nook takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
6.Claims of Copyright Infringement: Panda Nook respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Panda Nook's copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information: (a) Identification of the copyrighted work that you claim has been infringed; (b) Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it; (c) Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and (d) A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation. Notices of copyright infringement claims should be sent as follows: By e-mail: contact@pandanook.com. If you give notice of copyright infringement by text e-mail, Panda Nook's copyright agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
7.Changes, Discontinuance: Panda Nook reserves the right to change these Terms of Use at any time in its sole discretion. Any changes will be effective immediately upon posting the revised version of these Terms of Use to Panda Nook's Web sites. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use. Panda Nook may alter, suspend or discontinue the Services at any time to you and/or to others, without notice.
8.Choice of Law, Disputes: These Terms of Use are governed by the laws of the State of Illinois, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in Lake County, Illinois for any and all disputes, claims and actions arising from or in connection with the Services and/or these Terms of Use. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys' fees and expenses.
9.Indemnification: You agree to defend and hold Panda Nook, its affiliates, and their respective directors, officers, employees, and agents harmless from any and all claims and demands made by any third party due to or arising out of your breach of these Terms of Use, your use of the Services, your violation of any law or the rights of a third party, or any Submission made through your Panda Nook user account or that you otherwise make available through the Services.
10.Release: You release Panda Nook, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services. If you are a California resident, you waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
11.General: You agree not to export from anywhere any part of the Services provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. All Services used by the U.S. Government are provided with the commercial license rights described herein. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. Panda Nook may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Service. Panda Nook's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use constitute the entire agreement between you and Panda Nook with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and Panda Nook with respect to the Services. The following sections of these Terms of Use shall survive any termination of these Terms of Use: 3, 6, 7 through 10.