Website Terms of Use

Agreement between user and PAN-PEQ.org

Welcome to PAN-PEQ.org. The PAN-PEQ.org website (the "Site") is comprised of various web pages operated by Panama Poultry Export Quota, Inc. ("PAN-PEQ"), and these Terms of Use ("Terms") apply when you use any part of PAN-PEQ.org (the "Services"). These terms are a legal contract between you and PAN-PEQ so it is important that you review them carefully before using the Services. Your use of the Services indicates that you agree to follow and be bound by the Terms. If you do not agree to the Terms, do not access or use the Services.

General

PAN-PEQ may change the Terms or modify any features of the Services at any time at our sole discretion. The most current version of the Terms can be viewed by clicking on the "Terms of Use" link at the bottom of the Services' home page. If you continue to use the Services after changes are posted you will be deemed to have accepted the change.

Compliance With Applicable Laws

As a condition of your access to and use of the Services, you agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms and that you will comply with all applicable laws and any conditions or restrictions imposed by these terms. You are prohibited from using, and are expressly not granted the right to use, the Services for any other purpose.

PAN-PEQ.org is an Auction Site

PAN-PEQ.org facilitates open-tender auctions for the right to import chicken leg quarters in Panama at zero-duty in the amount of the tariff-rate quota established by the United States – Panama Trade Promotion Agreement (TPA).

Privacy

By using the Services, you indicate that you understand the information collection, use, and disclosure practices described in the Statement of Privacy.  Please review our Statement of Privacy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting PAN-PEQ.org or sending emails to PAN-PEQ constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Performance Security Return Policy

Performance securities will be promptly returned to the bidder unless, pursuant to bidder instructions on the Bid Form, the performance security is applied to the bid price of a successful bid or is retained as security for a subsequent Open Tender Process. Please provide an address or wire instructions for the return of performance securities. Contact the administrator if you have questions at administrator@pan-peq.org.

Links to third party sites/Third party services

The Services may link to third-party websites and services that are outside PAN-PEQ's control.  PAN-PEQ is not responsible for the security or privacy of any information collected by other websites or other services. You should exercise caution, and review the privacy statements applicable to the third-party websites and services you use.

Certain services made available via PAN-PEQ.org are delivered by third party sites and organizations. By using any product, service or functionality originating from the PAN-PEQ.org domain, you hereby acknowledge and consent that PAN-PEQ may share such information and data with any third party with whom PAN-PEQ has a contractual relationship to provide the requested product, service or functionality on behalf of PAN-PEQ.org users and customers.

No unlawful or prohibited use/Intellectual Property

You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any other person or entity (each a "person"), interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, you may not:

  • Impersonate any person or falsely state or otherwise misrepresent your credentials, affiliation with any person, or the origin of any information you provide;
  • Engage in unauthorized spidering, scraping, or harvesting of content or information, or use any other unauthorized automated means to compile information;
  • Solicit, collect, transmit, store, or otherwise make available private information of any third party including, without limitation, telephone numbers, addresses, last names, email addresses, Social Security numbers, or credit or debit card numbers;
  • Obtain or attempt to gain unauthorized access to other computer systems, materials, information, or any services available on or through the Services;
  • Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system, device, or network;
  • Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise alter or interfere with (or attempt, encourage, or support anyone else's attempt to engage in such activities) any of the software comprising or in any way making up a part of the Services. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited;
  • Use or attempt to use another's information, account, password, service, or system except as expressly permitted;
  • Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
  • Upload or otherwise transmit any communication, software, or material that contains a virus or is otherwise harmful to our or our users' computers, devices, or systems; or
  • Engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us, users, or any other third party to any liability, damages, or detriment of any type.

Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Services for any or no reason at any time without notice.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of PAN-PEQ or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.  You acknowledge that all copyrights and other intellectual property rights related to the Services are owned by the PAN-PEQ or its third-party licensors to the full extent permitted under the United States Copyright Act, international copyright laws, and all other applicable laws.  Unless expressly permitted by an authorized person in writing or as permitted by applicable law, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way use or exploit any part of the content, in whole or in part, found on the Site.  Copying or downloading content from the Services other than as stated above is a violation of these Terms.  You may access, use, display, and print the Services only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Terms.  We do not grant you any licenses, express or implied, to the intellectual property of PAN-PEQ or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by PAN-PEQ from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the PAN-PEQ Content accessed through PAN-PEQ.org in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless PAN-PEQ, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. PAN-PEQ reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with PAN-PEQ in asserting any available defenses.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PANAMA POULTRY EXPORT QUOTA, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

PANAMA POULTRY EXPORT QUOTA, INC. 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 SITE 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. PANAMA POULTRY EXPORT QUOTA, INC. 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 PANAMA POULTRY EXPORT QUOTA, INC. 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 SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PANAMA POULTRY EXPORT QUOTA, INC. 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 SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination

PAN-PEQ may terminate this agreement for any reason at any time. PAN-PEQ reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Service, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.

Governing Law

This Agreement shall be governed by the laws of the United States and the District of Columbia. By using the Services, you waive any claims that may arise under the laws of other states, countries, territories or jurisdictions.

PAN-PEQ's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of PAN-PEQ's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by PAN-PEQ with respect to such use.

Binding Arbitration

With respect to any and all disputes arising out of or relating to the Services or these Terms (including without limitation the Privacy Policy), PAN-PEQ and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. If you and PAN-PEQ do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator's award.

ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR PAN-PEQ WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

PAN-PEQ and you agree that all disputes arising under these Terms that cannot be settled through informal negotiation will be settled exclusively through confidential binding arbitration in accordance with the Consumer Arbitration Rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that PAN-PEQ may seek any interim or preliminary relief from a court of competent jurisdiction in the District of Columbia, necessary to protect its rights or property pending the completion of arbitration.

To the extent permitted by law, any claim or dispute under these Terms must be filed within one year in an arbitration proceeding.  The one-year period begins when the claim or notice of dispute first could be filed.  If a claim or dispute isn't filed within one year, it is permanently barred.

No Partnership

You agree that no joint venture, partnership, employment, or agency relationship exists between you and PAN-PEQ as a result of this agreement or use of the Site.

Entire Agreement

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and PAN-PEQ with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and PAN-PEQ with respect to the Site. 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 written in English.

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.

Supplemental Terms

In connection with your use of the Services, you may be asked to consent to policies or terms and conditions in addition to these Terms. Please read these supplemental policies and terms carefully before making any use of such portions of the Services. Any supplemental terms will not vary or replace these Terms regarding any use of the Services, unless otherwise expressly stated.

No Waiver

The failure of PAN-PEQ to enforce any provisions of the Terms or to respond to a breach by you or other parties shall not in any way waive its rights to enforce subsequently any terms or conditions of the Terms or to act with respect with similar breaches.

Contact Us

PAN-PEQ welcomes your questions or comments regarding the Terms:

Panama Poultry Export Quota, Inc.
1700 Pennsylvania Ave., NW Suite 200
Washington, District of Columbia 20006

Email Address: administrator@pan-peq.org

Telephone number: 202-684-2512

Effective as of September 14, 2016

Contact

Panama Poultry Export Quota, Inc.
c/o DTB Associates, LLP
1700 Pennsylvania Ave., NW
Suite 200
Washington, D.C. 20006-4707
Office phone: 1-202-684-2512
Office fax: 1-202-684-2233
E-mail: Administrator@PAN-PEQ.org