Panda Cares, a division of Panda Restaurant Group, Inc., a California corporation (collectively, “Panda” or “we” or “us”), requires that all visitors to this website agree to these terms and conditions ("Terms and Conditions"). If you do not agree, you should not use this website. By accessing this website, you indicate your acknowledgment and acceptance of these Terms and Conditions.
Restrictions on Use
The text, images, graphics, sound files, animation, video and/or their arrangement on Panda’s website are all subject to intellectual property right protection and such material from www.pandacares.org and any other world wide website owned, operated, licensed or controlled by Panda or any of its related, affiliated or subsidiary companies may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of Panda. Modification or use of the materials for any other purpose violates Panda intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site, but remain with Panda who owns full and complete title to the material in this site.
All remarks, suggestions, ideas, graphics, or other information communicated to Panda through this website (collectively the "Submission") will forever be the property of Panda. Panda will not be required to treat any Submission as confidential, will not be liable for any ideas for its business (including, without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Panda’s operations. Without limitation, Panda will have the exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Panda will be entitled to use the Submission for any commercial or other purposes whatsoever without compensation to you or other persons sending a Submission. By access to this website, you acknowledge that you are responsible for whatever material you submit, and you, not Panda, will have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright. Panda does not warrant or make any representation regarding the use of the materials contained in this website in terms of correctness, accuracy, reliability or otherwise. The material in this website may include technical inaccuracies or typographical errors, and Panda may make changes or improvements at any time.
No Warranties or Representations
THE INFORMATION CONTAINED IN THIS WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY AND FITNESSS FOR A PARTICULAR PURPOSE. PANDA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PANDA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT PANDA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. ACCORDINGLY, BY USING THIS INFORMATION YOU AGREE THAT PANDA (INCLUDING ITS AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES) ARE NOT LIABLE FOR DAMAGES OF ANY KIND.
Intellectual Property Rights
The following list of trademarks used herein are owned by Panda.
Panda Inn, Panda Inn with Panda Bear design, Panda Panda, Panda Bear With Bamboo design, Baby Panda Bear design, Hibachi-San, Panda Express, Panda Express with Baby Panda Bear design, Panda, Panda Panda, Panda Panda with Two Panda Bear design, Two Panda Bear Logo, Panda Express Chinese Fast Food and design, Panda Inn and design, Panda Express Gourmet Chinese Food and design, Panda Café, Hibachi-San and design, Great Panda, Great Panda and design, Panda and design, Panda Cares, Panda Cares and design, Panda Mania, Panda Kids, Panda Kids Express Gourmet Chinese Food and design, Panda Preservation Patrol, Panda Preservation Patrol Panda Express Gourmet Chinese Food and design, Panda Bear with Bamboo design (in square), Panda Bear with Bamboo design (in square), Panda Card, Panda Inn Mandarin Cuisine and design, Cropped Bear design, Panda Inn Mandarin Cuisine and design, Eddie, Tom-Tom, Mandarin Sky, Panda Pak, Experience Pandamonium.
Proper Use of Our Site
This website is made available to provide information about Panda in both the United States and elsewhere. However, certain of the information made available on this website applies only to Panda in the United States and to operations within the United States. Press information available on this website is only intended for media seeking information about our operations and fundraising programs and campaigns within the United States.
You may not use this website for any purpose that is unlawful or prohibited by this Terms and Conditions statement, or cause damage on or through this website. You promise that none of your communications with or through the website will violate any applicable local, state, national, international or other law. You further promise that none of your communications with or through the website will infringe upon the rights of any third party or contain defamatory, libelous, abusive or obscene material. You agree not to affect/interrupt or to attempt to affect/interrupt the operation of this website in any manner.
You agree to defend, indemnify and hold Panda and its affiliates, officers, directors, employees, agents, licensors, business associates, and suppliers harmless from and against any actual or threatened claims, actions or demands, causes of action, damages, losses, expenses, liabilities and settlements including, without limitation, reasonable legal and accounting fees and costs of suit, resulting from, or alleged to result from, or arising out of or in connection with, your use of the website, including, without limitation, your use of the website in a manner that violates or is alleged to violate this Terms and Conditions statement or any applicable law.
E-mail submissions over the Internet may not be secure. Please consider this fact before e-mailing any personal or confidential information.
These Terms and Conditions will be governed and interrupted pursuant to the laws of the State of California, inside the United States of America, notwithstanding any principles of conflict of laws. This is the entire agreement between the parties relating to the use of this website. Panda can revise these terms and conditions at any time by updating this posting. Panda’s website may describe services and programs that are not available worldwide. This website may be linked to other sites which are not maintained by Panda. Panda is not responsible for the content of those websites.
Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this agreement.
This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim made by you against us (or against any of our subsidiary, parent or affiliate companies) arising out of or relating to this Agreement (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that (a) you may take claims to small claims court if they qualify for hearing by such a court, or (b) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages and any right to pursue claims on a class or representative basis.
You must first present any claim or dispute to us by contacting our Legal Department to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association ("AAA") as modified by this agreement. The AAA Rules and information about arbitration and fees are available upon request from the AAA (call 1-800-778-7879) or online at www.adr.org. You and we agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Unless you and we agree otherwise, any arbitration will take place in Los Angeles, California, and will be conducted in the English language. An arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party's actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying the AAA Rules applicable to large/complex cases, the Arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the AAA Rules. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, than the remainder shall still be given full force and effect.
Costs of Arbitration
All administrative fees and expenses of an arbitration will be divided equally between you and us, except that for claims of less than $1,000, you will be obligated to pay $25 and we will pay all other administrative costs and fees. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
Waiver of Punitive Damage Claims and Class Actions
By this Agreement, both you and we are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
Governing Law - California
This Agreement shall be governed by and construed in accordance with the laws of the State of California notwithstanding any conflict of law rules.
Disclaimers and Limits of Liability
Panda and its affiliates make no representations, warranties or conditions of any kind, express or implied, with respect to this website and is provided to you “AS IS”, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. Under no circumstances will Panda be liable for any damages or injury, including any direct, indirect, incidental, special, consequential, punitive or other damages resulting from any circumstance involving this website, its features and/or its content (including but not limited to damages or injury caused by error, omission, interruption, defect, failure of performance. Unauthorized use of this website, lost data, delay in operation or transmission, breach of security, line failure, defamatory, offensive or illegal conduct of any user of this website, or computer virus, worm, Trojan horse or other harmful component), even if Panda or any such other party has been advised in advance of the possibility of such damage.
The laws of certain states or other jurisdiction do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this agreement. In such jurisdiction, our liability is limited to the greatest extent permitted by law.
We may assign all or part of this agreement without such assignment being considered a change to the agreement, and without notice to you. We are then released from all liability. The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions of this agreement.
Entire Agreement, Construction
This agreement is the complete and exclusive statement of agreement between you and Panda and supersedes and merges all prior proposals and all other agreements. In the event that any provision of this agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of this agreement.