Terms and Conditions of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Typographical Errors
In the event that a Panini North America, Inc. (“Panini”, “we”, “us”, or “our”) product or service is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for product or services listed at the incorrect price. Panini reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and you have been invoiced or otherwise charged. If you have already been charged or otherwise paid for the purchase and your order is cancelled, Panini shall issue a credit or refund in the amount of the incorrect price.

Pricing and Payment Terms

Prices do not include, and you are responsible for any sales, withholding, use, inventory, value added and similar taxes, including property tax for products and other items.  You will pay all transportation, insurance, warehousing and other costs related to the delivery of products and other items.

 

Product Warranties & Disclaimers

Panini warrants that each new hardware product sold by Panini to you from this site will be free from defects in material and workmanship for six months following the date your order is accepted by Panini.  During the warranty period, Panini will repair or replace, at its option, any hardware product, or part or component thereof, which Panini determines was defective in material or workmanship or, at Panini’s option, issue a credit to you for the purchase price.  This warranty does not apply to any product which (i) has been altered, or disassembled, in whole or in part, except by Panini or under Panini’s express written direction; (ii) has not been handled, installed, maintained, or operated in accordance with Panini’s instructions; or (iii) has been damaged by accident, misuse, negligence, or external factors such as failure or malfunction of electrical power or air conditioning, fire, flood, or interconnection with non-Panini products.  Panini makes no warranties to you regarding non-Panini software products; provided, however, Panini shall pass through to you, to the fullest extent possible, any warranties regarding such non-Panini software supplied by Panini.  EXCEPT AS EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, AND ALL PRODUCTS, SERVICES AND OTHER ITEMS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.  PANINI DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AS TO BOTH PANINI AND NON-PANINI PRODUCTS.  ANY WARRANTIES MADE TO YOU UNDER THIS AGREEMENT EXTEND SOLELY TO YOU.

Site Warranty Disclaimer
This site is provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Panini disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. Panini does not represent or warrant that the functions contained in this site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Panini does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Software Products

The products may include software, hardware and documentation related to software and hardware.  Software products may be provided as part of a given hardware product at no charge or provided separately subject to an additional charge.  Software products will be provided by Panini or its licensors.  Title to all software products supplied to you by Panini will remain with Panini or its licensors and you will acquire no rights to any software product except to the extent necessary for you to use the products acquired from Panini.  You may not make copies of the software products.  The name(s) of the software product(s) and any proprietary rights notices appearing on such copies may not be deleted or altered.  You shall not use any part of the software products other than as authorized or alter, modify, translate, adapt, decompile, disassemble, reverse engineer, or translate the software products or create derivative works based thereon, unless expressly authorized by Panini in writing.

Limitation of Liability
Panini shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products or services, even if Panini has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnification
You agree to indemnify, defend, and hold harmless Panini, its officers, directors, employees, agents, parent company, affiliates, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Applicable To You
These terms and conditions are applicable to you upon your accessing the site and/or completing the purchase process. These terms and conditions, or any part of them, may be changed or terminated by Panini without notice at any time, for any reason.

Third-Party Links
In an attempt to provide increased value to our visitors, Panini may link to sites operated by third parties. However, even if the third party is affiliated with Panini, we have no control over these linked sites, all of which have separate privacy and data collection practices, independent of Panini. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Panini seeks to protect the integrity of our web site and the links placed upon it and therefore requests any feedback on not only our own site, but for sites it links to as well (including if a specific link does not work).

Notice
Panini may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Panini.

Privacy Policy
We automatically collect information about your Internet connection, such as: the name of the Internet domain you used to access the Internet; the IP address of the web site from which you linked directly to our site, and if from an internet search engine, the keywords that were used for that search; the type of browser you are using; tshe date and time you access our site; and the pages you visit.  This information ("Non-Personal Information") does not identify you personally.  We use this Non-Personal Information to monitor the effectiveness of the site, identify areas of interest and consider potential improvements to the site.  When placing an order, requesting a quote, or in certain other communications with us, we ask you to provide contact information (including name, shipping address, telephone number, and e-mail address) and financial information (such as billing information and address) (collectively "Personal Information").  By providing such information, you consent to our collection and use of it, as described in these terms and conditions of use.  We do not collect any Personal Information about you when you visit the site unless you give us that information.  We use Personal Information obtained from you to provide products and services, respond to your questions or inquiries, identify customer prospects, track purchasing histories and areas of customer interest, and consider potential improvements to our site. We may occasionally send you promotional offers or product updates. If you do not wish to receive these communications, you may opt out of future e-mails by clicking the unsubscribe link contained in the e-mail. We may provide links to other sites of interest.  We do not review or endorse the content of these sites or guarantee that they will abide by these terms and conditions of use.  Your use of such linked sites is subject to the terms and conditions and privacy policies of the providers of those sites.  We encourage our users to be aware when they leave our site and to read the privacy statements of each site that collects Personal Information. We do not sell or trade Personal Information to marketing companies or information brokers. We will only disclose your Personal Information in the following circumstances without first obtaining your consent: We may provide Personal Information when requested to do so in certain types of legal or law enforcement proceedings.  We may buy or sell business assets or be acquired by or acquire other companies.  In such transactions, Personal Information generally is one of the transferred business assets.  In addition, in the event we merge or consolidate with another institution, your Personal Information may be transferred to the successor institution.  We may use third party suppliers and service providers to facilitate our services, and they may have access to Personal Information.  For example, we may outsource one or more aspects of our site to a supplier or service provider who performs services according to our requirements.  In these cases we will restrict through written agreements how these suppliers or service providers may use or disclose the Personal Information to which they have access. Please remember that, although we endeavor to select only reputable companies who share our commitment to customer privacy, we are in no way responsible for the actions or policies of these other organizations.  The use of cookies enables us to enhance your visits to the site.  Cookies are alphanumeric identifiers that are transferred to your computer's hard drive through your web browser.  The help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, but this will limit your ability to use some features.  Cookies enable us to recognize your browser and provide features that are tailored to your needs. We may use information from cookies for purposes of planning and tracking, as well as assessing the technical function of the site . We may also use cookies to track information about which pages you visit within the site to help us gauge the effectiveness of the Site or our content. We work hard to protect the security of your information.  Our order processing system protects your Personal Information through the use of encryption.  While we strive to protect your information by using encryption and other measures to protect our system, such security cannot be ensured.  Consequently, we do not ensure or warrant the security of information you transmit, and you do so at your own risk.  If your communication to us includes confidential information, you may want to contact us by using telephone, fax, or regular mail.

Miscellaneous
Panini reserves the right to reject any order that you may place through this site.  Panini shall not be liable any delays in deliveries or other failures to fulfill its obligations when due to causes beyond its reasonable control.  Your use of this site shall be governed in all respects by the laws of the state of Ohio, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Panini products and services) shall be in the state or federal courts located in Montgomery County, Ohio. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Panini products and services) must be commenced within one (1) year after the claim or cause of action arises. Panini’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Panini may assign its rights and duties to any party at any time without notice to you.