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Terms of Use

Website Terms & Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PLATFORM

Welcome to Panburys.com™. By accessing or using this website, mobile application or other Panbury's products or services (collectively the "Platform") on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law, whether or not you are a registered member of Panbury's. If you do not agree to Panbury's Terms of Use, you should exit the Platform and not use it further.

This Policy was last amended on 02/06/18. We may update this Policy from time to time, and we invite you to review this page periodically. All changes will go into effect on the date that is listed in our Policy. The new Policy will apply to all past and current users of Panburys.com and will replace any prior Policies. By using this website, you consent to the terms of this Policy. All products, services, software, applications or features available on or through this Site are subject to these Terms of Use, including but not limited to the Limitations of Liability below. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following Terms of Use, which together with our Privacy Policy govern The Panbury’s™ relationship with you in relation to this Platform. If you disagree with any part of these Terms of Use, please do not use our Platform.

PRIVACY POLICY

You agree to be bound by the terms of our Privacy Policy.

INTELLECTUAL PROPERTY

All intellectual property on the Platform is owned by Panbury's or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the Panbury's name and the P design) are owned, registered and/or licensed by Panbury's, except as otherwise noted. All other Trademarks, publicity rights and other rights are the property of their respective owners. All content on the Platform, unless otherwise noted, including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work under the United States and other copyright laws and is the proprietary property of Panbury's; All rights reserved.

WEBSITE USE RESTRICTIONS

You may use the Content only for your own non-commercial use to participate on the Platform or to place an order or purchase Panbury's products. You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Platform, including User Generated Content (defined below), without Panbury's prior written consent, unless it is your own User Generated Content that you legally post on the Platform. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

PRODUCT ORDERS

All orders placed through the Platform are subject to Panbury's acceptance. This means that Panbury's may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Panbury's will issue you a refund.

ELECTRONIC COMMUCATIONS

When you visit the Platform or send e-mails to us, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

LIMITATIONS ON LIABILITY

THE PLATFORM AND ALL INFORMATION AND FUNCTIONALITY ON THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PANBURY’S DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF ANY SERVICES, APPLICATIONS, FEATURES, INFORMATION OR ADVICE ON THE PLATFORM OR THROUGH ANY LINKS TO THE PLATFORM. Neither Panbury’s nor its affiliates and service providers shall be liable for any direct, indirect, incidental, consequential, or punitive or other damages or losses of any kind whatsoever arising out of your access to, or use of, the Platform, including but not limited to any failure of performance, error, omission, interruption, defect or computer virus, or the deletion, failure to store, misdelivery or unavailability of any information, material, products, services, applications or features, even if advised of the possibility of such damages or losses. Panbury's maximum liability to you for all claims, including but not limited to negligence, shall in no event exceed the amount you paid to Panbury’s for any products which you purchased and paid for through this Platform. By using the Platform, you agree to release and hold harmless Panbury’s, its affiliates, officers, directors and employees from any and all claims, demands, damages, costs and expenses of any kind whatsoever relating in any way to use of the Platform or any materials downloaded from this Platform. Some jurisdictions do not allow the exclusion of implied warranties or certain forms of damages, so some of the above exclusions may not apply to you. To the extent that any term of this agreement is held inapplicable by a court, the rest of the terms in this agreement shall nevertheless remain in force.

DISPUTE RESOLUTIONS

If there is any dispute between us, it is agreed that either of us may elect to have it resolved by binding arbitration administered by the American Arbitration Association under their rules for consumer arbitrations. All disputes in arbitration will be handled just between the named parties. The arbitrator shall not have authority to conduct any proceedings on a class, private attorney general, or other representative basis; nor to entertain any claim of, nor provide any relief to any person who is not a named party; nor to join or consolidate claims by or for individuals with different accounts. You acknowledge that this means that you may not have access to a court or jury.

LINKS TO THIRD PARTY SITES

This Platform may contain links to websites controlled by parties other than Panbury’s. Panbury’s may work with certain partners and affiliates whose sites are linked with Panbury’s. Panbury’s is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any web site accessed from a Third Party Site or any changes or updates to such sites. Panbury’s makes no guarantees about the content or quality of the products or services provided by such sites. Panbury’s is not responsible for webcasting or any other form of transmission received from any Third Party Site. Panbury’s is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Panbury’s of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Panbury’s is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

VIOLATIONS

Panbury’s reserves the right to pursue any and all legal and equitable remedies against anyone violating these Terms of Use including but not limited to terminating access to the Platform. Any failure by Panbury’s to enforce any of its rights hereunder shall not be deemed a waiver of such rights or of any other rights.

MISCELLANEOUS

Panbury’s reserves the right to terminate access to this Platform for any person at any time. All users must have Java Script enabled in their browser to checkout. These Terms of Use are governed by the laws of the State of Georgia, without regard to principles of the conflicts of laws, and may not be modified except as expressly stated herein. Any disputes relating to the use of this Platform that are not arbitrated shall be resolved exclusively in the State or Federal Courts located in the State of Georgia, and you and Panbury’s both consent to the jurisdiction of such courts for any such disputes. Unless otherwise specified, this Platform is made available only to provide information about Panbury’s and its products and services. Panbury’s controls and operates this Platform from its headquarters in Atlanta, GA USA, and makes no representation or warranty that materials in the Platform are appropriate or available for use in any other jurisdiction. If you use this Platform from elsewhere, you are responsible for compliance with all applicable local laws.


LAST UPDATED: February 6, 2018