Red Panda Solution. (“Red Panda Solution,” “we,” “us,” or “our”) provides users with an online automotive information and communications platform, as well as related services that can be accessed from or through this website (collectively, “Services”). Please carefully read these Terms of Service before using the Services. By accessing or using the Services, including this website, you accept and agree to be bound by these Terms of Service (“Terms of Service”) and all applicable laws, rules, and regulations associated with your use of the Services. If you do not agree to the Terms of Service, you are not authorized to use this website or the Services. These Terms of Service also apply to any co-branded or framed version of this website.

Your use of certain materials and features of this website and/or the Services may be subject to additional terms and conditions which are incorporated herein by reference and become part of the Terms of Service. By using those materials and features, you also agree to be bound by such additional terms and conditions. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the Terms of Service.

This website is controlled and operated by Red Panda Solution from its offices within the United States. Red Panda Solution makes no representation that information or materials available on this website are appropriate or available for use in other locations, and access to this website from territories where its contents are illegal is prohibited. Those who choose to access this website from other locations do so at their own initiative and are responsible for compliance with applicable local laws.

 

2.USER CONDUCT

You are authorized by Red Panda Solution to access and use the Services, including the information on this website, solely for your personal, non-commercial use provided that you are at least 18 years of age. The information and materials displayed on this website may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work, or otherwise used for commercial or public purposes without Red Panda Solution’s express prior written consent. Any use of data mining, robots or similar data gathering or extraction tools or processes in connection with this website, and any reproduction or circumvention of the navigational structure or presentation of this website or its content, is strictly prohibited. You agree not to use the Services, including this website, for any unlawful purpose.

 

3.PRIVACY

Red Panda Solution is committed to respecting your privacy and protecting your personally identifiable information. Red Panda Solution will not share the information you enter on this website with any third party vendors or partners under any conditions or terms.

 

4.SERVICES

All information provided on this website is for informational purposes only. Neither the accuracy of information provided on this website, nor the service description is guaranteed or controlled by Red Panda Solution, and Red Panda Solution assumes no responsibility for the foregoing. You agree that any reliance on the information on this website is at your own risk. Any discrepancies or mistakes made regarding service and solution descriptions are not the responsibility of Red Panda Solution and should be directed to the third party vendor. You are encouraged to thoroughly review any documents you are asked to sign at the time of purchase of other products or services. We do invite you to bring to our attention any material on our website that you believe to be inaccurate; please forward a copy of such material and your reasons for your belief to sam@redpandasolution.com

 

5.NO COMMERCIAL USE OF SERVICES

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Services.

 

6.RIGHT TO DENY ACCESS AND TO MODIFY THE SERVICES

Red Panda Solution reserves the right to deny use of, or access to, the Services to you and/or anyone for any or no reason. Red Panda Solution also reserves the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Red Panda Solution shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services (or any part thereof).

 

7.COMPLIANCE WITH LAWS

Compliance with the TCPA (Telephone Consumer Protection Act), CAN-SPAM, GDPR (General Data Protection Regulation), and any and all laws, regulations, rules, or policies applicable to the Services provided under this Agreement (collectively, the “Applicable Laws”) are the sole responsibility of the Customer. The parties acknowledge that as part of the Services, Red Panda Solution will be contacting prospective clients on behalf of Customer. Red Panda Solution will provide a list of prospective clients to Customer prior to proposed contact, to approve or disapprove the proposed list of prospective clients for purposes of compliance with Applicable Laws (email approval acceptable), which approval will not be unreasonably withheld. For purposes of clarity, as between the parties, Customer shall be solely responsible for collecting consents and/or opt-outs by any individual who is a prospective client of Customer, as required by Applicable Laws. If Customer does not approve the prospective client list in writing within such period, such proposed use will be deemed disapproved. During the Term, Customer will give Red Panda Solution written notice of (a) changes in status of any previously approved prospective client, (b) changes to anyApplicable Laws that may adversely affect the Services to be provided under this Agreement, and (c) any agreements to which Red Panda Solution is a party that restrict Red Panda Solution from contacting any person or entity on Customer’s behalf.

 

8.INDEMNIFICATION

You will indemnify, defend and hold harmless Red Panda Solution and its subsidiaries, affiliates, partners, officers, directors, employees, and agents (collectively, “Red Panda Solution Entities”) from all claims, whether actual or alleged (collectively, “Claims”), that arise out of or in connection with a breach of these Terms of Service, use of the Services, including any content you submit, post, transmit, modify or otherwise make available through the Services, and/or any violation of law and/or the rights of any third party. You are solely responsible for defending any Claim against a Red Panda Solution Entity, subject to such Red Panda Solution Entity’s right to participate with counsel of its own choosing, at its own expense, and for payment of all judgments, settlements, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from all Claims against a Red Panda Solution Entity, provided that you will not agree to any settlement that imposes any obligation or liability on a Red Panda Solution Entity without its prior express written consent.

 

9.DISCLAIMER OF WARRANTIES

THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE SERVICES, THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS, AND NONINFRINGEMENT.

 

10.LIMITATION OF LIABILITY; WAIVER

IN NO EVENT SHALL THE RED PANDA SOLUTION ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, INFORMATION, AND/OR CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF, OR IN CONNECTION WITH THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE THEREIN. WITHOUT LIMITING THE FOREGOING, ANY INFORMATION AND CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION AND CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY SERVICE AND/OR THIS WEBSITE IS TO STOP USING THE SERVICE AND/OR WEBSITE.

YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM (WHETHER FOR INJURY, ILLNESS, DAMAGE, LIABILITY AND/OR COST) AGAINST THE RED PANDA SOLUTION ENTITIES ARISING OUT OF YOUR USE OF OR INABILITY TO USE, OR IN CONNECTION WITH, THE SERVICES, INCLUDING ANY INFORMATION AND CONTENT ON THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, INCLUDING ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING PERSONALLY IDENTIFIABLE INFORMATION).

 

11.EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

 

12.NOTICE

Red Panda Solution may provide you with notices by email, regular mail, SMS, MMS, text message, postings on the Services/website, or other reasonable means now known or hereafter developed. You acknowledge and agree that Red Panda Solution will have no liability associated with or arising from your failure to maintain and supply Red Panda Solution with accurate contact information about yourself, including your failure to receive important information and updates about the Services or this website.

 

13.TRADEMARK INFORMATION AND INTELLECTUAL PROPERTY

You agree that all of Red Panda Solution’s trademarks, trade names, service marks, logos, brand features, and product and Service names are trademarks and the property of Red Panda Solution, and that you will not display or use any of the foregoing without Red Panda Solution’s prior written approval in each instance.

You agree that the Services contain proprietary information protected by applicable intellectual property and other laws in favor of Red Panda Solution. You further agree that content and information presented to you through the Services is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws.

 

14.GENERAL INFORMATION

These Terms of Service may be amended from time to time without notice in Red Panda Solution’s sole discretion. Any changes to the Terms of Service will be effective immediately upon the posting of the revised Terms of Service on this website. The Terms of Service, including any agreements and terms incorporated by reference herein, constitute the entire agreement between you and Red Panda Solution and govern your use of the Services, including this website, and supersede any prior version of these Terms of Service between you and Red Panda Solution with respect to the Services. The failure of Red Panda Solution to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to these Terms of Service. The headings in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the word “including” is a term of enlargement meaning “including without limitation” and does not denote exclusivity, and the words “will,” “shall,” and “must” are deemed to be equivalent and denote a mandatory obligation or prohibition, as applicable. All definitions apply both to their singular and plural forms, as the context may require. Please report any violations of the Terms of Service to sam@redpandasolution.com

Last updated on and effective as of May 7, 2022.2