Pancho-Invester Terms of Service
Welcome to the Terms of Service and Acceptable Use Policy (this “TOS”) for Pancho Real Estate Hodings Ltd, and all marketing and advertising information in both physical and virtual formats, and any associated services, including our Software (as defined below) and our Services (as defined below) (collectively, the “Site”). For the avoidance of doubt, this TOS constitutes a legally binding agreement between Pancho Real Estate Management Ltd. (“Pancho” “us,” “we,” and “our”), and you, the user of our Site (“you”, “your” or “user(s)”).
Throughout this TOS, the following words/phrases shall mean as follows:
“Content” shall mean, including but without limitation, text, photos, pictures, comments, designs, data, videos, or any other information.
“Services” shall mean any Pancho services.
“Software” shall mean the proprietary software owned or licensed by Pancho and utilized in connection with our Site.
License Restrictions and Termination
You are responsible for your use of our Software. You agree not to access, copy, or otherwise use our Software unless permitted through this TOS or in writing by us. Additionally, you agree to abide by the restrictions listed below:
You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to our Software or any portion of it.
You may not share your license with any other parties.
You may not violate or infringe other people’s intellectual property, privacy, or other rights while using our Software.
You may not violate any laws, rules or procedures of the United States (“U.S.”.
You may not attempt to transmit any malicious or unsolicited code through our Software.
You may not violate any requirements, procedures, policies or regulations of networks connected to Pancho.
You may not provide access to our Software, nor screenshots to third parties who can be deemed in our sole discretion as competitors to Pancho.
You may not download or use our Software except through specific channels provided by us.
You may not use our Software on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake.
You may not attempt to interfere with or disrupt our Software in any way.
You may not sell, lease, loan, distribute, transfer, or sublicense our Software or access to it or derive income from the use or provision of our Software.
Please be aware that this is not an all-encompassing list of restrictions, if you breach these restrictions, we may revoke your license to use our Software at our discretion. Additionally, we may revoke or restrict your access to our Software if we believe that your actions may harm us or our Software. Failure by us to revoke your license does not act as a waiver of your conduct.
The license to use our Software is effective once you begin using our Site. Pancho may terminate this TOS and your use of our Software, if at our sole discretion we believe that you have violated this TOS or if we believe it is in our best interest to do so. We are not required to provide you an explanation for our termination of this TOS.
Ownership, Your Content and our Site
As between you and Pancho, any texts, images, trademarks, trade names, illustrations, multimedia (graphic, photographs, video and audio), reports, studies, data, charts, indexes, information and the like created by you and all intellectual property or similar rights therein and thereto that is created by you are owned by you (collectively, “Your Content”). When submitting any of Your Content or using our Site to access and move Your Content, you are responsible for the accuracy thereof. We are not required to host, display, migrate, or distribute any of Your Content and we may refuse to accept or transmit any of Your Content or delete Your Content from Pancho at any time. You agree that you are solely responsible for any of Your Content submitted and that we cannot guarantee the absolute safety and security of any such information. Pancho may at its discretion remove, modify, or delete any of Your Content owned by you that is stored on our Site.
Although you own all of Your Content submitted by you, Pancho retains all right, title, and interest in and to all Pancho proprietary trademarks, service marks, logos, and domain names, hardware provided by Pancho to you, and our Site and other technology, content, and materials created by Pancho and all benchmarking and other data about the operation of the Site, and your operation of it, including layouts, arrangement, metadata and images that are used to render Your Content through our Site (collectively, the “Pancho Property”).
When using our Site, you are responsible for your use of Pancho, and for any use of Pancho made using your account. You agree not to access, copy, or otherwise use our Site including our intellectual property and trademarks, except as authorized by this TOS or as otherwise authorized in writing by Pancho. You agree that:
You will not copy, distribute or disclose any part of our Site in any medium, including without limitation by any automated or non-automated “scraping”;
You will not use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access our Site in a manner that sends more request messages to Pancho servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Pancho grants the operators of public search engines revocable permission to use spiders to copy materials from the publicly available searchable indices of the materials, not caches or archives of such materials);
You may not violate or infringe other people’s intellectual property, privacy, or other rights while using our Site;
You may not violate any laws, rules or procedures of the U.S. while using our Site;
You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running our Site;
You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
You will not upload invalid data, viruses, worms or other software agents through our Site;
You will not collect or harvest any personally identifiable information, including account names, from our Site;
You will not access our Site through any technology or means other than those provided or authorized by our Site;
You will not impersonate any person or entity or misrepresent your affiliation with a person or entity when reviewing our Site for suitability or using our Site;
You will use our Site only in a safe manner and in compliance with all laws, you explicitly agree that you will not use Pancho for any criminal communications or for transmitting any child pornography;
You will not hold Pancho responsible for your use of our Site;
You will not violate any requirements, procedures, policies or regulations of networks connected to Pancho;
You will not interfere with or disrupt our Site;
You will not hack, spam or phish us or other users;
Your Content is legal;
You will not violate any law or regulation and you are responsible for such violations;
You will not cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a thirty party’s website, such as by requesting its removal from a search engine; and
You will not upload any Content to our Site that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Site may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of our Site, including any of our Services, but Pancho reserves the right to suspend or terminate any account at any time without notice or explanation.
Modification of Software
We reserve the right to alter, update, or remove our Software or Service or your access to our Site at any time, or demand that you do so. We may conduct such modifications to our Site for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update our Site for security, legal or other purposes.
We do not guarantee that our Site will always be available, work, or be accessible at any particular time. Only users who are eligible to use our Site may do so. We reserve the right to terminate access for anyone. We cannot guarantee that our Site will work as advertised, or that it will give you any desired results.
Although we aim to provide you accurate data and content through our Site, please be aware that our Site and any information found within it are offered “as-is.” You agree that information received from our Site may be inaccurate, unsubstantiated or possibly even incorrect. We cannot guarantee that using our Site will cause you to experience any increased benefits of any sort. You agree to release us from any liability that we may have in relation to your use of our Site.
Compliance with All Laws and Regulations
Pancho is not responsible for your violation of any laws while using our Site. Users must comply with all local, state, and national laws regarding your use of our Site. Our Site is void where prohibited.
Intellectual Property Rights
The design of our Service along with Pancho-created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein (collectively, the “Marks”), are owned by or licensed to Pancho, subject to copyright and other intellectual property rights under U.S. and foreign laws and international conventions. Pancho reserves all rights not expressly granted in and to our Site. You agree to not engage in the use, copying, or distribution anything contained within our Site unless we have given express written permission.
Changes in Price and Discounts
Pancho may change our Site at any time and from time to time without notice. Any changes to our Site, including releases of new features, tools or resources, shall be subject to this TOS. Prices for any Service or Software are subject to change at any time. Such notice may be provided at any time by posting the changes on our Site. Pancho shall not be liable to you or to any third party for any change to our Site, price change, suspension or discontinuance of our Site, whether in whole or in part. We may offer discounts from time to time, please be aware that any discounts may have additional restrictions and may only be awarded at our discretion.
Effects of Cancellation
You may cancel our Software or Service. To cancel, please contact us at firstname.lastname@example.org. Cancellation will be governed by the specific agreement you signed with us. Please be aware that once service cancellation occurs, your account information including any Content stored on our Site may become inaccessible immediately.
You agree that you are solely responsible for paying any taxes, levies, or fees associated with using our Site. Although, we may charge you sales tax when using our Site, you agree that if we do not, you will pay any associated taxes, levies, or fees.
REPRESENTATIONS AND WARRANTIES
OUR SERVICE AND SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER PANCHO NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) OUR SERVICE AND SOFTWARE; (B) ANY USER CONTENT; (C) OUR CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO PANCHO OR VIA OUR SERVICE. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUSES.
PANCHO DOES NOT REPRESENT OR WARRANT THAT OUR SITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT OUR SITE OR THE SERVER THAT MAKES OUR SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. PANCHO DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON OUR SITE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. PANCHO DOES NOT WARRANT THAT YOUR USE OF OUR SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND PANCHO SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THIS TOS. BY ACCESSING OR USING OUR SITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE OUR SITE. PANCHO DOES NOT ENDORSE ANY CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT FOUND ON OR THROUGH OUR SITE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL PANCHO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) YOUR USE OR INABILITY TO USE OUR SITE ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY INTERRUPTION,MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) ANY FAILURE OF OUR SITE, INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL (VI) BUSINESS INTERRUPTION OR LOSS OF PROGRAMS OR DATA (VI) LOST SAVINGS, PROGRAMS, DATA, PROFITS OR REVENUE OR (VII) ANY ERRORS OR OMISSIONS IN OUR SITE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. FOR JURISDICTIONS THAT DO NOT ALLOW US TO LIMIT OUR LIABILITY: NOTWITHSTANDING ANY PROVISION OF THESE TERMS, IF YOUR JURISDICTION HAS PROVISIONS SPECIFIC TO WAIVER OR LIABILITY THAT CONFLICT WITH THE ABOVE THEN OUR LIABILITY IS LIMITED TO THE SMALLEST EXTENT POSSIBLE BY LAW. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; OR (B) FRAUDULENT MISREPRESENTATION; OR (C) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE. IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS TOS, WAIVE THE APPLICABILITY OF 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.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOUR ABILITY TO USE OUR SITE IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS TOS. EACH PARTY DISCLAIMS ALL LIABILITY FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING OR SERVICE PROVIDERS. YOU AGREE OUR TOTAL LIABILITY TO YOU IS NOT MORE THAN $100 US DOLLARS OR THE TOTAL AMOUNT YOU SPENT WHILE USING OUR SITE, WITHIN THE LAST SIX MONTHS, WHICHEVER IS LESSER.
Class Action Waiver
You and Pancho agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
You agree to defend, indemnify and hold harmless Pancho, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
Your use of and access to the Pancho Site;
Your violation of any term of this TOS;
Your violation of any third party right, including without limitation any copyright, property, or privacy right; or
Any claim that any of Your Content or actions through Pancho caused damage to a third party.
This defense and indemnification obligation will survive this TOS and your use of our Site. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
Choice of Law
This TOS shall be governed by the laws in force in the state of Israel. The offer and acceptance of this contract is deemed to have occurred in Israel.
Forum of Dispute
You agree that any dispute arising from or relating to this TOS will be heard solely by a court of competent jurisdiction in Tel Aviv-Yafo, Israel. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to this TOS will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this TOS is found to be unlawful, conflicting with another provision of this TOS, conflicting with another provision in a different Agreement, or otherwise unenforceable, this TOS will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this TOS are deemed to conflict with each other’s operation, Pancho shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this TOS as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this TOS or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
We may terminate or suspend service, your account, or our Site without notice, though we will strive to provide a timely communication in most cases. If you wish to terminate this TOS, you are solely responsible for following proper termination procedures. Upon termination your information may not be accessible but we may keep such information for a reasonably commercial time for legal and internal purposes. All provisions of this TOS which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may not assign your rights and/or obligations under this TOS to any other party without our prior written consent. We may assign our rights and/or obligations under this TOS to any other party at our discretion.
Amendments and Third Parties
We may amend this TOS from time to time. When we amend this TOS, we will update this page and indicate the date that it was last modified and we may email you if we believe it is necessary. For these reasons, we recommend that you look through this TOS from time to time. You may refuse to agree to any amendments, but if you do, you must immediately cease using our Site. Our Site may facilitate and in some cases may require Your Content to access websites, software and services maintained by third parties (“Third Party Online Service(s)”). Your use of our Site grants Pancho the right to manage Your Content on Third Party Online Services. Your use of a Third Party Online Service is governed by the terms associated with such Third Party Online Service. Pancho may at any time, for any reason, modify or discontinue the availability of any Third Party Online Service. Pancho does not control, endorse or accept responsibility for Third Party Online Services. Any dealings between you and any third party in connection with a Third Party Online Service, including such party’s privacy policies and use of your personal information, delivery of and payment for goods and services and any other terms associated with such dealings, are solely between you and such third party.
California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Import2 must be addressed to our agent for notice to: email@example.com. Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
The communications between you and Pancho use electronic means, whether you visit our Site or send Pancho e-mails, or whether Pancho posts notices on or in our Site or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from Pancho in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Pancho provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Any notification required or permitted to be given by either party to the other party pursuant to this TOS will be given electronically. Notice to Pancho can be sent to firstname.lastname@example.org.
It is the intent of this TOS that the relationship between you and Pancho be that of the “customer” and “independent contractor.”
The fact that a party drafted a section or sections of this TOS will not be construed against such party.
If you wish to unsubscribe to emails or other forms of online or offline communication, please send an email to email@example.com.
This TOS is the complete and exclusive statement of this TOS between you and Pancho and supersedes any proposal, prior agreement, verbal or non-verbal discussions or any other communication between you and Pancho relating to the use of the subject matter hereof. No statement or representation made by Pancho or any dealers will bind you.
Last Updated: December, 2016