FAQ

Selling Coins

What's it Worth

Coin Care

Business Practices / Terms and Conditions


  1. How can I sell coins to PandaAmerica?

    First we need a description of the coin(s) you want to sell, such as:
    Country of origin
    Year and mint mark
    Metal (gold, silver, copper, etc.) If you don't know, we can find out by the denomination.
    Denomination ($20, 50 Pesos, 100 Francs, etc.)
    Grade/condition (Uncirculated, Fine, etc.). See grading terms.
    We would need to see the coins to confirm the grades.
    Type (Panda, Libertad, Morgan, etc.) If you don't know, please describe it to us in detail.

    Then, call (310) 373 - 9647 or e-mail info@pandaamerica.com and include as much information as you can from the above list. If we are interested in purchasing your coin(s), send them to us via Registered Mail or bring them to our office at 3400 Torrance Blvd., Suite 101, Torrance, CA 90503 (we are open Monday to Friday, 9:00 am to 5:00 pm Pacific Standard Time).

  2. What is a 1943 Steel Cent (white color) worth?

    Due to the need for copper in the war effort, Lincoln Cents were made from steel, coated with zinc only in 1943. Hundreds of millions of these 1943 steel cents were made and are worth less than 25 cents each today. However, about a dozen copper 1943 cents were made by mistake, and these are worth over $20,000 each. Some steel cents have been plated with copper, so if you come across a "copper" looking 1943 cent how can you tell if it is real? Test with a magnet - if it is steel it will stick to a magnet, if it is the very valuable copper 1943 cent it won't be attracted to a magnet. Panda America would be very interested in purchasing 1943 copper cents, but we don't buy 1943 steel cents.

  3. Should you clean dark or dirty coins?

    Absolutely not, if you want to ever intend to sell them. Cleaning coins will substantially reduce their value. Only clean a coin if you want to use it as jewelry.

  4. What are your United States coins worth?

    Lincoln Cents 1909-1958 … all pennies with wheat-backs are worth at least 2 cents each. Rare dates worth a lot more are 1909-S, 1909-S VDB, 1914-D and 1931-S
    Lincoln Cents 1959-2003 … just worth face value
    Dimes, Quarters and Half Dollars 1964 or earlier … Double face value or more
    Dimes, Quarters and Half Dollars after 1964 … just worth face value
    Silver Dollars 1878-1935 … worth $4 and up depending on rarity and condition. Those coins issued from 1878-1893 with CC (mint mark for Carson City Mint) above letters DO in DOLLAR on reverse are all worth a premium.
    Dollars 1971-2003 … most worth just $1 each, except for silver issues in government holders that are worth more

    If you have a quantity of United States coins to evaluate, the best catalog is the Guide Book of United States Coins by Yeoman that can be found at many public libraries.

  5. What are your Foreign coins worth?

    If you have loose coins that were accumulated on trips, they have very little value. We pay a dollar a pound. Silver and gold coins must be individually evaluated.

  6. What is a two-headed coin worth?

    Perhaps a dozen or so genuine 2-headed coins have been discovered; they are worth over $10,000 each. However many 2-headed coins have been produced outside of the U.S. Mint as magicians' tokens, etc. - these are not worth more than the face value of the coins.

  7. What is old United States paper money worth?

    1862-1922 Large Size Banknotes … worth premiums based on rarity and condition. We are interested in buying these.

    1935-1953 Silver Certificates … worth about 10% over face or more, depending on condition

    1928-1950 $5-$100 Notes … just worth face value unless About Uncirculated or Crisp Uncirculated condition

    1928-1934 $500, $1,000, $5,000 or $10,000 Notes … worth from 10% over face value to $50,000 depending on denomination and grade. We are very interested in buying these.

  8. What is Confederate Money worth?

    Genuine Confederate paper money, produced in the 1860's is worth $5-$100 depending on rarity and quality. We are interested in purchasing these. BUT, there are many modern copies of these notes that are worthless. So we would have to authenticate notes first.

  9. What is Foreign paper money worth?

    Foreign paper money that is left over from a trip generally has no collector value. If they are relatively new, they can usually be redeemed at a company advertised in the Yellow Pages under Foreign Exchange. If they are pre-1940 please contact us for more information.

  10. What are medals worth?

    Coins can only be issued by governments, and must have a face value indicated, such as ONE CENT, ONE DIME, HALF DOLLAR, ONE DOLLAR, etc. If you have something that looks like a coin, but doesn't indicate a face value, then it is a medal. Generally speaking, bronze medals are worth less than $1 and silver medals are worth a few dollars each or more depending on the weight and purity.

  11. Do I have to pay sales tax?

    California residents must pay 9% sales tax, but there is no sales tax on coin orders of $1,500 or more (non-coin items will be taxed). There is no sales tax for orders shipped outside of California.

  12. What payment methods do you accept?

    For orders within the United States we accept VISA, , and American Express, as well as checks or money orders and Bank Wires.

  13. Do you accept overseas orders?

    YES. For orders outside the United States, our preferred payment methods are Bank Wires or International money orders. Credit Card payments depend on our ability to verify the name on the credit card with the credit card number and billing address in the country of origin. In order to process your international credit card orders, you must send us a recent copy of the credit card statement. It must clearly show your account number and address (you can block out other personal information if you wish). You can email the statement to info@pandaamerica.com or fax it to 1 (310) 378 – 6024.

  14. What are your cancellation policies?

    Orders for Numismatic items may be cancelled within 24 hours without penalty; orders cancelled after 24 hours are subject to a 15% restocking fee. Orders cancelled for Bullion related coins are subject to a 15% restocking fee. Bullion related coins have selling prices at the time of purchase between 0-15% over the metal value of the coins.

  15. What are your return policies?

    Numismatic items may be returned within 7 days of receipt for replacement or refund; items must be in the same condition as sent including original packaging. All certified coins are subject to a 15% restocking fee unless prior arrangement was made. Bullion related coins may be returned within 5 days only if not as described; otherwise we will repurchase at the then bullion market price. Bullion related means the selling price of the coin(s) at the time were between 0-15% over the metal value of the coin.

  16. What is your privacy policy?

    All of your information is treated as confidential, and won't be shared with any other company or individual. Click here for our Privacy Policy
    .

  17. What are the specific Terms and Conditions of my purchase?
  1. This sale is final and binding.
  2. Payment in full must be received by us on or before the value date or we may at our option cancel this sale with full reservation of our rights.
  3. Title to all merchandise will pass only after it has been paid for in full and after the funds have cleared through normal banking channels.
  4. All items covered by this sale are guaranteed to be genuine and as described.
  5. All complaints or claims for adjustments must be made in writing within five (5) business days after receipt of the goods. All coins that are returned must be in their original envelopes or holders and accompanied by the original sales invoice.
  6. In addition to the prices specified on the front hereof, you shall be liable for and pay all applicable sales taxes arising out of or in connection with this sale, as well as all postage or other delivery charges for material which is mailed or otherwise delivered, including all charges for registered and insured mail.
  7. If payment in full is not received by us on or before the Value Date, you shall pay us, in addition to the unpaid balance due us, a charge thereon at a rate per annul of 3% in excess of the prime lending rate, as the same may fluctuate from time to time, of Bank of America compound from the Value Date to the date payment in full is received by us (maximum 5 months).
GENERAL TERMS AND CONDITIONS
  1. Each right granted to us here under or allowed us by law shall be cumulative. No failure on our part to exercise and no delay on our part in exercising any right shall operate as a waiver thereof.

  2. Any delays in or failure of performance by us shall not constitute a default or give rise to any claims for damages if caused by acts of God, your acts, rules or regulations of government authorities, difficulty or delays in postal or other delivery services, or by any other circumstances beyond our reasonable control, whether similar or dissimilar to those specified above.
  3. In no event shall we be liable for incidental consequential or special damages arising out of or relating to this transaction. In no event shall our aggregate liability arising out of or relating to this transaction exceed the aggregate purchase price here under.
  4. We reserve the right prior to performance by us here under to request and receive from you satisfactory security for performance of your obligations here under. Your failure to perform any other contract to which you and we parties shall constitute grounds on our part for canceling this contract, with full reservation of our rights and (without limiting the generality of the rights reserved in the first sentence of this paragraph) for demanding and receiving from you satisfactory security for performance of your obligations here under.
  5. The terms and conditions set forth herein contain the full and entire agreement between you and us and supersede all prior discussions, proposals, quotations and negotiations with respect to the subject matter hereof and shall not be modified or amended except by an instrument in writing signed by us.
  6. This agreement shall be governed by and construed in accordance with the laws of the State of California.
TERMS AND CONDITIONS OF INSTALLMENT SALES
  1. All merchandise sold by Panda America is warranted to be genuine and as described. Acceptance by Panda America of your order’ creates a binding contract between you and Panda America subject to the following terms and conditions.
  2. Title to all merchandise will pass only after it has been paid for in full and, if paid by check, only after all checks have cleared through normal banking channels.
  3. In addition to the price(s) specified on the reverse side of this sales invoice you agree to pay to Panda America all applicable sales tax and handling charges specified thereon.
  4. Each installment sale is subject to a nonrefundable cancellation charge of 15%, payable in advance as the minimum down payment required. Deposits must be made by personal or company check, cash, bank cashier’s check, money order or in a form acceptable to Panda America.
  5. All returns, complaints or claims for adjustments must be made to Panda America in writing or over the telephone within 10 business days after your receipt of merchandise. Orders for Numismatic items may be cancelled within 24 hours without penalty; orders cancelled & returned after shipping are subject to a 15% restocking fee & items must be in the same condition as sent including original packaging. All bullion purchases are subject to Panda America's Market Loss Policy. Once an order has been placed for any order of bullion, that order is locked in and are no longer subject to our normal cancellation and return policies. In the case the customer wants to cancel or return any bullion product after a depreciation in metal value, the customer has the option of paying the price difference to offset the market loss plus up to an additional 15% cancellation and restocking fee.
  6. All returns, complaints or claims for adjustments must be made to Panda America in writing within 5 business days after your receipt of merchandise.
  7. All delays in or failure of performance by Panda America shall not constitute a default or give rise to any claims for damages against Panda America if same are caused by acts of God, your acts, laws, rules or regulations of federal or state governmental authorities, difficulty or delays in postal or other delivery services or any other circumstances beyond Panda America’s reasonable control.
  8. In no event shall Panda America be liable for incidental, consequential or special     damages arising out of or relating to this transaction. In no event shall Panda America’s aggregate liability arising out of or relating to this transaction exceed the aggregate purchase price of the merchandise.
  9. Each right granted to Panda America here under or allowed by law shall be cumulative. No failure on Panda America’s part to exercise and no delay by Panda America in exercising any right shall operate as a waiver thereof.
  10. The original product advertisement and the terms and conditions set forth herein constitute the entire agreement between you and Panda America and supersede all prior discussions, proposals, quotations and negotiations with respect to the subject matter hereof. This agreement may not be modified or amended except by an instrument in writing signed by Panda America.
  11. This agreement shall be governed and construed in accordance with the laws of the State of California.


TERMS OF USE

Last updated September 11, 2020

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Panda America ("Company", “we”, “us”, or “our”), concerning your access to and use of the Panda America website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

PURCHASES AND PAYMENT

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

USER GENERATED CONTRIBUTIONS

The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

1.  The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

2.  You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.

3.  You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.

4.  Your Contributions are not false, inaccurate, or misleading.

5.  Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

6.  Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

7.  Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

8.  Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

9.  Your Contributions do not violate any applicable law, regulation, or rule.

10.  Your Contributions do not violate the privacy or publicity rights of any third party.

11.  Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

12.  Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;

13.  Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

14.  Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site or the Marketplace Offerings in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site and the Marketplace Offerings.

CONTRIBUTION LICENSE

You and Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.

We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR PANDA AMERICA. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.