Terms of Use and Privacy Policy

AGREEMENT BETWEEN USER AND PANDA POWER FUNDS

The Panda Power Funds (“Panda” or the “Company”) Website is comprised of various Web pages operated by the Company and is intended for informational purposes only and does not constitute an offer to sell or a solicitation of an offer to purchase Interests in the Fund. The sole purpose of this Website is to provide information to the reader. It is not intended to form the basis of any investment decision.

The Panda Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Panda Website constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

The Company reserves the right to change the terms, conditions, and notices under which the Panda Website is offered, including but not limited to the charges associated with the use of the Panda Website.

LINKS TO THIRD PARTY SITES

The Panda Website may contain links to other Websites ("Linked Sites"). The Linked Sites are not under the control of the Company and the Company. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is not responsible for webcasting or any other form of transmission received from any Linked Site. Panda is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Panda Website, you warrant to the Company that you will not use the Panda Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Panda Website in any manner which could damage, disable, overburden, or impair the Panda Website or interfere with any other party's use and enjoyment of the Panda Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Panda Websites.

MATERIALS PROVIDED TO THE COMPANY OR POSTED AT ANY PANDA WEBSITE

The Company does not claim ownership of the materials you provide to Panda (including feedback and suggestions) or post, upload, input or submit to any Panda Website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting the Company, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of its Panda Website including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Panda's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PANDA WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PANDA WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE PANDA WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE PANDA WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PANDA WEBSITE, WITH THE DELAY OR INABILITY TO USE THE PANDA WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PANDA WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE PANDA WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PANDA WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PANDA WEBSITE.

TERMINATION/ACCESS RESTRICTION

The Company reserves the right, in its sole discretion, to terminate your access to the Panda Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Dallas County, Texas, U.S.A. in all disputes arising out of or relating to the use of the Panda Website. Use of the Panda Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Panda Website. The Company's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Panda Website or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Company with respect to the Panda Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Panda Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Panda Website are: Copyright 2012 by the Company and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

PRIVACY STATEMENT

The Company is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to the Panda Website and governs data collection and usage. By using the Panda Website, you consent to the data practices described in this statement.

COLLECTION OF YOUR PERSONAL INFORMATION

When visiting this Website, you should have no expectation of privacy. The Company may collect personally identifiable information, such as your e-mail address, name, home or work address or telephone number. The Company may also collect anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites.

There is also information about your computer hardware and software that is automatically collected by the Company. This information can include: your IP address, browser type, domain names, access times and referring Website addresses. This information is used by the Company for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Panda Website.

Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through Panda’ Website, this information may be collected and used by others.

The Company encourages you to review the privacy statements of Websites you choose to link to from the Company so that you can understand how those Websites collect, use and share your information. The Company is not responsible for the privacy statements or other content on Websites outside of the Company.

USE OF YOUR PERSONAL INFORMATION

The Company may share information with its portfolio companies and affiliates. The Company does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.

Panda keeps track of the Websites and pages our customers visit within the Company, in order to determine what Panda services are the most popular. This data is used to deliver customized content and advertising within the Company to customers whose behavior indicates that they are interested in a particular subject area.

Panda Websites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on the Company or the site; (b) protect and defend the rights or property of the Company; and, (c) act under exigent circumstances to protect the personal safety of users of the Company, or the public.

USE OF COOKIES

The Panda Website uses "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Panda pages, or register with Panda site or services, a cookie helps the Company to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Panda Website, the information you previously provided can be retrieved, so you can easily use the Company features that you customized.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Company services or Websites you visit.

SECURITY OF YOUR PERSONAL INFORMATION

The Company secures your personal information from unauthorized access, use or disclosure. The Company secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure.

CHANGES TO THIS STATEMENT

The Company will occasionally update this Statement of Privacy to reflect company and customer feedback. The Company encourages you to periodically review this Statement to be informed of how Panda is protecting your information.

CONTACT INFORMATION

The Company welcomes your comments regarding this Statement of Privacy. If you believe that the Company has not adhered to this Statement, please contact Panda at admin@pandanew.fluid-consulting.com. We will use commercially reasonable efforts to promptly determine and remedy the problem.