Privacy Policy and Conditions of Use

 

 

PAN COMMUNICATIONS, LLC PRIVACY POLICY AND

CONDITIONS OF USE OF OUR WEBSITE BY YOU

 

Your Acceptance of Terms

PAN COMMUNICATIONS LLC, DBA PANDOLFI COMMUNICATIONS, OWNS THE WRITING PANDOLFIS WEBSITE. BY USING AND/OR VISITING THE WRITING PANDOLFIS WEBSITE, YOU SIGNIFY YOUR AGREEMENT WITH THE TERMS OF THIS PRIVACY POLICY, AND CONDITIONS OF USE OF OUR WEBSITE BY YOU (“CONDITIONS OF USE”), SET FORTH BELOW. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, THEN PLEASE DO NOT USE THE WRITING PANDOLFIS WEBSITE.

Your Privacy

Pan Communications, LLC (“Pan Communications”) is the owner of The Writing Pandolfis website and all its contents. Pan Communications recognizes that visitors who use The Writing Pandolfis website (“User” or “you”) value their privacy. This Privacy Policy and Conditions of Use contains information regarding the use and disclosure of your information collected on The Writing Pandolfis website. Please note that any content posted by you or at your direction onto The Writing Pandolfis website becomes published content and is not considered personally identifiable information subject to this Privacy Policy.

Use of Your Information

Pan Communications does not collect personal information without your knowledge, nor do we sell, rent, or give your personal information to unrelated third parties without your prior permission, unless required by law, or unless we reasonably believe such action is necessary to investigate and defend ourselves against claims by third parties, to protect the security of our website, or to protect our rights. Information provided to us by you may be used by us for internal purposes, including improving the quality and/or design of our website. Please remember that any personal information you voluntarily disclose online, such as in messages, discussion areas, etc., are considered publicly available and can be collected and/or used by others.

Cookies

When you visit The Writing Pandolfis website, we may send “cookies” to your computer, which uniquely identify your browser. This is done for the sake of convenience. You do not have to accept cookies to use The Writing Pandolfis website.

Visitor Traffic Data

When you visit The Writing Pandolfis website, our servers record certain information that your web browser sends whenever you visit any website. This may include, among other things, such information as your Internet Protocol (“IP”) address, browser type (Internet Explorer, etc.), platform type, number of clicks, domain names, pages viewed and the order of those pages, usage patterns, and the amount of time spent on particular pages. The aggregate of the information gathered may be shared with potential advertisers, research firms, and business partners. Pan Communications will not disclose your individual identity or personal data, and the recipients of the information will not be able to identify you or contact you based on this information.

E-Mails

Any e-mail addresses sent to us as the result of correspondence with or from you will not be used or collected for the purpose of reselling to a third party. We also will provide you with the opportunity to opt-out of receiving e-mails from us.

Advertisers and Outside Links

Pan Communications may allow third-party ad servers or ad networks to serve advertisements on our website. These third-party ad servers or ad networks use technology to send directly to your browser the advertisements and links that appear on the website. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, web beacons, etc.) to measure the effectiveness of their advertisements and to personalize the advertising content you see. We do not provide any personally identifiable information to these third-parties without your consent. If you want more information on the privacy policies of these third parties, you should contact them directly. Pan Communications’ privacy policy does not apply to these third parties and their websites, and we do not and can not control their activities.

Intellectual Property Rights

The content on The Writing Pandolfis website, including without limitation website graphics, text, videos and any other website elements, are owned by or licensed to Pan Communications, subject to copyright and other intellectual property rights, and is provided to you for your personal information and enjoyment. Such content may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever, in whole or in part, without the prior written consent of Pan Communications.

Submission of Unsolicited Ideas

Pan Communications and The Writing Pandolfis website do not accept unsolicited ideas, in any form, regarding the content of the website, including, but not limited to, ideas for any creative product or content that may be provided by the website. If, despite our request that you not send us your unsolicited ideas, you still submit them, then, regardless of any instructions or restrictions you may include with your submission regarding its use, you agree that any creative and/or conceptual suggestions or ideas submitted by you, in whatever form, become the property of Pan Communications, without any compensation to you, and that Pan Communications may use or redistribute the submissions for any purpose and in any way, and has no obligation to keep any submissions confidential.

Pan Communications however does welcome your feedback regarding how we can improve the website to make it easier or more enjoyable for you to use. If you do wish to provide feedback for this purpose please use the “Contact Us” section of The Writing Pandolfis website. Any feedback you do provide will be deemed to be non-confidential, and may be used by us without restrictions.

Warranty Disclaimer and Limitation of Liability

YOU AGREE THAT YOUR USE OF THE WRITING PANDOLFIS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PAN COMMUNICATIONS, ITS OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WRITING PANDOLFIS WEBSITE AND YOUR USE OF THE WEBSITE. PAN COMMUNICATIONS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF OUR WEBSITE, OR THE CONTENT OF ANY SITES LINKED TO OUR WEBSITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OF OUR WEBSITE; AND/OR, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE; AND/OR, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON THOSE SERVERS; AND/OR, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; AND/OR, (E) ANY VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR, (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WRITING PANDOLFIS WEBSITE. PAN COMMUNICATIONS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WRITING PANDOLFIS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PAN COMMUNICATIONS WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

IN NO EVENT SHALL PAN COMMUNICATIONS, ITS OFFICERS, MEMBERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, RESULTING FROM YOUR USE OF THE WRITING PANDOLFIS WEBSITE, FOR ANY REASON, INCLUSIVE OF ITEMS (A)  THROUGH (F) ABOVE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PAN COMMUNICATIONS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU FURTHER ACKNOWLEDGE THAT PAN COMMUNICATIONS SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR OTHER THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH CONDUCT RESTS ENTIRELY WITH YOU.

Indemnification

You agree to defend, indemnify and hold harmless Pan Communications, its officers, members, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney’s fees) arising from: (a) your access to and use of The Writing Pandolfis Website; (b) your violation of any term of this Privacy Policy and Conditions of Use; (c) your violation of any third-party right, including without limitation any intellectual property right or privacy right; or (d) any claim that your use of The Writing Pandolfis website caused damage to a third party. This defense and indemnification obligation will survive this Privacy Policy and Conditions of Use and your use of The Writing Pandolfis website.

Ability to Accept Privacy Policy and Conditions of Use

You represent and affirm that you are either eighteen (18) years of age or older, or are an emancipated minor, or possess parental or legal guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, representations, affirmations and warranties set forth in this Privacy Policy and Conditions of Use, and to abide by and comply with same.

Jurisdiction

You agree that that Pan Communications and The Writing Pandolfis website are solely based in the state of New Jersey, USA, and that The Writing Pandolfis website shall be deemed a passive website that does not give rise to personal jurisdiction over Pan Communications, either specific or general, in jurisdictions other than New Jersey. The Pan Communications Privacy Policy and Conditions of Use, as contained herein, shall be governed by the laws of the State of New Jersey, without respect to its conflict of laws principles. Any claim or dispute between you and Pan Communications that arises in whole or in part from The Writing Pandolfis website shall be decided exclusively by a court of competent jurisdiction located in Bergen County, New Jersey.

Entire Agreement
The Privacy Policy and Conditions of Use contained herein, as well as any other legal notices that may be published by Pan Communications on The Writing Pandolfis website, shall constitute the entire agreement between you and Pan Communications concerning The Writing Pandolfis website. If any provision of this Privacy Policy and Conditions of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Privacy Policy and Conditions of Use, which shall remain in full force and effect.

Waiver

No waiver of any term of this Privacy Policy and Conditions of Use by Pan Communications shall be deemed a further or continuing waiver of such term or any other term, and Pan Communications’ failure to assert any right or provision under this Privacy Policy and Conditions of Use shall not constitute a waiver of such right or provision. Additionally, Pan Communications reserves the right to amend this Privacy Policy and Conditions of Use at any time and without notice, and it is your responsibility to review this Privacy Policy and Conditions of Use for any changes. Your use of The Writing Pandolfis website following any amendment of this Privacy Policy and Conditions of Use will mean that you agree to and accept such amendments.

Limitation of Action

YOU AGREE THAT ANY CAUSE OF ACTION ALLEGED BY YOU ARISING OUT OF OR RELATED TO THE WRITING PANDOLFIS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. IF NOT COMMENCED WITHIN THAT ONE (1) YEAR PERIOD, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.