Panier Gifts Co. Conditions of Use

Last Updated: September 2, 2005

Panier Gifts Inc. (Panier) owns and operates this website, www.PanierGifts.com, (Site) and provides its services to you subject to the following terms and conditions (Site Terms). If you visit or shop at PanierGifts.com, you accept these Conditions of Use. Please read them carefully.

By using this Site, you represent that you are at least 18 years old; that you are a resident of the United States; and that any information that you submit is correct.

Privacy

Please carefully review our Privacy Policy, which also governs your visit to this Site, and is incorporated by reference into these Conditions of Use.

Customer Service Terms

Please carefully review our Customer Service terms, which also govern your visit to this Site and are incorporated by reference into these Conditions of Use. They detail, among other things, our policies for shipping, returns, and cancellations.

Copyrights and Trademarks

Unless otherwise specified, all materials appearing on this Site, such as text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, and software, as well as their selection, assembly and arrangement are the sole property of Panier or its licensors and are protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Panier and protected by United States and international copyright laws. All software used on this site is the property of Panier or its software suppliers and is protected by United States and international copyright laws.

PANIER GIFTS and other marks indicated on our Site are registered service marks or trademarks of Panier.

The absence of a trademark, trade name or service mark from the above list does not constitute a waiver of our intellectual property rights concerning that trademark, trade name, or service mark. All custom graphics, icons, logos and words listed above are trade names, trademarks or service marks of Panier. The use of any of our trade names, trademarks, or service marks without our express written consent is strictly prohibited. All other trademarks not owned by Panier that appear on this site are the property of their respective owners.

Site Access and License

Panier grants you a limited license to visit, view and to retain a copy of pages of the Site for your own personal non-commercial use; you may not duplicate, download, publish, modify or otherwise distribute the material on the Site for any purpose other than for personal use, except with the express written consent of Panier. Any unauthorized use terminates the permission or license granted by Panier. All rights not expressly granted by Panier are reserved.

Responsibility for Your Account

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Panier reserves the right to refuse service, terminate accounts, or cancel orders in its sole discretion. Please notify us immediately at (877-888-8799) of any potential unauthorized use(s) of your account, or breach of security.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

PANIER RECEIVES ITS INVENTORY FROM A VARIETY OF SUPPLIERS AND SERVICE COMPANIES LOCATED THROUGHOUT THE COUNTRY. ALTHOUGH PANIER ATTEMPTS TO SOURCE HIGH QUALITY GOODS, WE CANNOT BE RESPONSIBLE FOR DEFECTS IN THE PRODUCTS THAT COMPRISE OUR GIFT BASKETS. THEREFORE, THE SERVICES AND PRODUCTS PROVIDED THROUGH OUR SITE ARE PROVIDED "AS IS." WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE INFORMATION, PRODUCTS, OR SERVICES THAT ARE AVAILABLE, ADVERTISED OR SOLD THROUGH THIS SITE.

WHILE WE STRIVE TO MAINTAIN ACCURATE AND COMPLETE INFORMATION ON OUR SITE, INFORMATION ON OUR SITE MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. OUR SITE IS THEREFORE PROVIDED "AS IS" AND "AS AVAILABLE." WE DO NOT PROMISE THAT OUR SITE OR ANY SERVICES OFFERED ON OUR SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE USE OF OUR SITE OR ANY CONTENT, SEARCH, OR LINK, WILL PROVIDE ANY SPECIFIC RESULTS.

YOU AGREE THAT PANIER IS NOT LIABLE FOR DAMAGES RELATED TO PRODUCTS SOLD OR THE OPERATION, CONTENT, OR USE OF OUR SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, REVENUES, DATA, AND USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO USE OF THE PRODUCTS INCLUDED IN OUR GIFT BASKETS, OR YOUR ACCESS TO, AND USE OF, OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE 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, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS

Applicable Law and Disputes

By visiting this Site you agree that the laws of the state of Colorado, without regard to principles of conflict of laws, govern these Conditions of Use and any dispute of any sort that might arise between you and Panier.

Any dispute relating in any way to your visit to Panier or to products you purchase through Panier must be submitted to confidential arbitration in Denver, Colorado, except that Panier may seek injunctive or other appropriate relief in any state or federal court in the state of Colorado if you have violated or threatened to violate Panier’s intellectual property rights, in which case, you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement is to be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award is binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement is to be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Modification of Conditions of Use

Panier reserves the right to change these Conditions of Use at any time, effective immediately upon posting on our Site. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Conditions of Use to which you are bound

Severability

If any part of these Conditions of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision is either (1) deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision if one can be determined, or (2) deemed severable from the remaining Conditions of Use, which in any event continue in full force and effect.

Contact

If you have any comments or questions, please do not hesitate to contact us at info@paniergifts.com or at 877-888-8799, or write us at:

Office of the President
Panier Gifts Inc.
1617 Coalton Rd. #184

Superior, CO 80027

Violation of the Conditions of Use

By using our Site, you understand and agree that we may, at our sole discretion and without prior notice, terminate your access to our Site and to any services offered on our Site, and, that your conduct is disruptive, or you have violated the law or the rights of Panier or another user. If you violate these Conditions of Use, we may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you.

Compliance with Laws

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site and your purchase of products or services through this Site. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Conditions of Use or our Privacy Policy, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Conditions of Use or the Privacy Policy could be subject to criminal or civil penalties.

Restrictions

You must be 18 years or older and have a valid credit card, with full authority to use it, to submit an order on this Site. You agree not to use this Site for any illegal or inappropriate activities.

Electronic Communications

When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will also communicate with you electronically, by e-mail or by posting notices on this site. 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.