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.
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.
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.
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.
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.
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.
LAST UPDATED: February 6, 2018