TERMS AND CONDITIONS
The use of the Panageries, Inc. web site (the “Site”), is governed by this “Terms And Conditions Agreement” (the “Agreement”). Your use of this Site constitutes your acceptance of this Agreement and your consent to any action we take with respect to your information in compliance with this Agreement. If you do not agree with the Terms and Conditions, you are not granted permission to use the Site and should exit immediately.
The Site is designed to provide information concerning Panageries, Inc. and its products and services. Some products or services may not be available in all areas. Other products and services may only be offered through employers or Panageries, Inc. affiliates or licensees.
Unless otherwise indicated, all materials contained on this Site are the property of Panageries, Inc. and subject to legal protection including, but not limited to, intellectual property. Modification or removal of the copyright notice associated with this Site is prohibited. Any commercial use of the Site is prohibited without the prior written consent from Panageries, Inc. Panageries, Inc. is the owner of all trademarks, service marks, brand names, business names and logos displayed or associated with this Site. Unauthorized infringement or other use of this property may violate federal and state law. The service marks PANAGERIES and the “keyhole design” are federally registered service marks of Panageries, Inc. protected by Title 15 of the United States Code. Reg. Nos. 2,344,852 and 4,167,902. Protection of its intellectual property rights is a matter that is actively and aggressively enforced to the fullest extent of the law.
Information Provided to Our Site.
By providing information, documents, ideas, suggestions, or other content (“Received Information”), you contemporaneously and immediately grant Panageries, Inc. a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, display, publish, create derivative works and distribute such Received Information in whole or part. You grant to Panageries, Inc. the royalty-free, irrevocable, worldwide right to use any ideas, concepts, know-how, techniques, and suggestions contained in any Received Information sent from you to this Site.
Panageries, Inc. may place cookies, temporary or permanent, on your computer to allow us to enhance your experience, make improvements to the Site, or report Site activity. Cookies are not used to track your specific activity on third party web sites or to send unsolicited e-mail or to capture personally identifiable information about you. While you may use your browser controls to disable cookies, your ability to use the Site to its fullest may be hampered.
Confidentiality Cannot be Guaranteed.
Confidentiality of any Received Information transmitted to Panageries, Inc. via the Internet electronic mail cannot be guaranteed, including personal information such as your name, address or phone number. If you wish to contact Panageries, Inc. without the use of electronic messaging, please telephone 864-250-0021, or write to the following address:
929 Rutherford Road
Greenville, SC 29609
Disclaimer of Warranty and Liability.
USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. NEITHER PANAGERIES, INC. NOR ITS AFFILIATES ARE RESPONSIBLE FOR THE CONSEQUENCES OF RELIANCE ON ANY INFORMATION CONTAINED IN OR SUBMITTED TO THE SITE, AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THESE MATERIALS ARE 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. PANAGERIES, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THESE MATERIALS. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF PANAGERIES, INC. TO YOU EXCEED THE PRICE PAID FOR USE OF THE SITE.
Panageries, Inc. is not responsible or liable for the contents of Received Information posted to the Site and disclaims any duty or obligation to update such information. Panageries, Inc. cannot and does not assume any responsibility for any errors or omissions in the Site. Panageries, Inc. may make changes to the Site or to the products or services described herein, at any time, at its sole discretion, without notice.
Corrections and Changes.
Panageries, Inc. attempts to maintain the Site with up-to-date information as is reasonably possible. The information contained on this Site is believed to the best of Panageries, Inc. knowledge, to be presently accurate.
By using this Site, you agree to indemnify and hold harmless Panageries, Inc. its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, partners, members, shareholders, agents, predecessors, successors, assigns, licensees, and attorneys from any and all claims, proceedings, damages, injuries, losses, and liabilities, including attorney’s fees and litigation or administration proceeding expenses, relating to or arising from your use of the Site and any breach by you of these Terms and Conditions.
This Site may contain links to other Internet sites for accessing third party information services that may be of interest to you. These third-party sites are maintained by persons or organizations over which Panageries, Inc. exercises no control and Panageries, Inc. expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by or advertised on these third-party sites. Panageries, Inc. does not control, endorse, promote, or have any affiliation with any other Internet site unless expressly stated in the Site.
Governing Law and Jurisdiction.
This Agreement is to be governed by the laws of the State of South Carolina, without reference to its choice of law rules. By using this Site, you consent to the jurisdiction of the federal and state courts presiding in Greenville, South Carolina, Greenville County, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses. Panageries, Inc. intends that this site be used by citizens of the United States and makes no representation that the Site is appropriate or available for use in other locations.
Integration Merger Clause.
This Agreement constitutes the entire Agreement between you and Panageries, Inc. with respect to your use of the Site unless you have executed or entered into a separate agreement, in which case, the terms of such agreement control and take precedent over conflicting terms in the Agreement. In the event that this Agreement, or any part of this Agreement, is held to be invalid or unenforceable for any reason, the remaining parts will remain in full force and effect.
Panageries, Inc. reserves the right to terminate your access to the Site in the event that you violate this Agreement, and at the sole discretion of Panageries, Inc. In the event that termination is the result of a breach of the Agreement by you, you agree to consent to a permanent injunction issued from a court of competent jurisdiction, without bond, restricting you from accessing this Site.
We protect the confidentiality of your information including your name, address, phone number and email address and other identifiable information. Our vendors and suppliers may be provided with portions of the information received from you as necessary to provide our goods and services. Unless required by court order or other applicable law, or at your request, we will not release any specific identifiable information about you and your family. Panageries, Inc. may also use provided information to improve our website, products and services. From time to time, Panageries, Inc. we may also use your contact information to provide you with promotional emails as well as information and offers about our products and services.
The Information We Collect.