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Terms of service

TERMS OF USE (“Terms”)

For

Panacche.com

Please read the following Terms carefully before using the Panacche website and its subdomains, including but not limited to the www.panacche.com website, as well as any online features and other services and/or products offered by Panacche LLC (collectively, “Panacche”, “our”, “us” or “we”). By accessing or using our website, using our service offerings and its subdomains (referred to herein as the “Website”), you indicate your unconditional acceptance of the following Terms on your own behalf and on behalf of any organization you represent (collectively, "you" or "your"). You should review these Terms regularly as they may change at any time at the sole discretion of Panacche. If you do not agree to any portion of these Terms, you should not access or otherwise use the Website and the services offered by Panacche. “Content” refers to services available through the Panacche network via the Website (the “Services”) and any text, materials, documents, images, graphics, logos, design, audio, video, emails and any other information provided from or on, uploaded to and/or downloaded from the Website.

We will make an effort to update this page with any changes to these Terms and/or to the Services described in these Terms and you are encouraged to review these Terms frequently.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as THE WEBSITE IS NOT INTENDED FOR CHILDREN UNDER 13.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CREATE A BINDING CONTRACT BETWEEN YOU AND US. FURTHER, THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS, (SEE "AGREEMENT TO ARBITRATE").

  1. CONVENIENCE AND INFORMATION ONLY; SITE CONTENT. By merely providing access to the Website, Panacche does not warrant or represent that: (a) the Content is accurate, complete, up-to-date or current; (b) Panacche has any obligation to update any Content; (c) the Content is free from technical inaccuracies or typographical errors; (d) that the Content does not infringe on the intellectual property rights of any third party; (e) that the Content is free from changes caused by a third party; (f) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through, or postings made on, the Website is accurate or complete.
  2. SITE USE AND CONTENT. You may use, view, copy or print the Content solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish the Content or any information derived from the Content without the express, prior, written consent of Panacche. At any time, we may, without further notice, make changes to the Content or the Website, to these Terms and/or to the Services described in these Terms.
  3. USER ACCOUNT, SERVICES AND PAYMENT TERMS.
  • ONLINE ACCOUNT ACCESS. To access the Services, you must first enroll to establish an individual user account (“Account”), by providing certain information. You agree that you will not create more than one Account or create an Account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of the Website and the Service and, if applicable, in order for Designers (as defined below) to send messages to you, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our Account enrollment form; and (ii) each time you log on, maintain and promptly update such Account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Panacche has reasonable grounds to suspect that such Account information is untrue, inaccurate, not current or incomplete, Panacche reserves the right to delete your Account and refuse any future request(s) to use the Panacche Website. You shall at all times remain responsible for maintaining the confidentiality of your Account password and username (if any) and any other security information related to your Account. Panacche will not be liable for any loss that you incur as a result of someone else accessing and using your Account, either with or without your knowledge.
  • The Services are a platform enabling individuals and companies seeking interior design services ("Clients") to purchase an interior design plan for a specific room. Room designs are created for Panacche by independent interior designers or decorators (the “Designers”).
    1. LOYAL PACKAGE. Panacche’s “Loyal” package allows a Client to purchase a pre-made interior design by room. Upon payment of the associated fee, Panacche provides the Client with a design implementation guide that includes a shopping list and paint pallette information. A Client may elect to purchase items included in the purchased room design from third party vendors (“Vendors”) through Panacche, as described further below. Size, color, texture, fabric and other customizations necessary for implementation of the design at a Client’s home or other premises are the sole responsibility of Client and Panacche shall have no responsibility for any merchandise defects, color, texture, fabric or size issues or other decisions or customizations made by Client. Client will provide their room dimensions, along with other pictures, images and can incorporate up to 3 free changes to the design purchased with the designer. The designer in return will produce a floor plan based on the dimensions provided by the client. A concept board will also be provided to the client as a deliverable.  Additional changes beyond 3 will be provided with a change fee. Client can only communicate with the designer using Panacche’s platform. Any other mode of communication is not permitted including phone, video/audio web conferences.
      1. DESIGNER INTERACTION. For up to thirty (30) days after the purchase date, a Client may communicate with the Designer of the purchased room design to ask up to ten (10) questions about the design through Panacche’s communication platform. The design will be marked complete and Client will no longer have the ability to communicate with the Designer of the purchased room design when Client has asked ten (10) questions or thirty (30) days after the date of purchase of the room design, whichever occurs first. If the Designer of the purchased room is unavailable, Panacche will provide access to another qualified Designer. Client may not discuss design topics unrelated to the purchased room design with the Designer and/or separately contact Designer for interior design services that Designer provides through the Panacche Website.
      2. Third Party Purchases. A Client may elect to purchase items included in a purchased room design from third party vendors (“Vendor”) through Panacche. Panacche will contact the applicable Vendor and, upon issuing an invoice to Client and Client approving such invoice, will collect the cost of the items from Client in advance of placing orders with the Vendor for the purchase. All Vendor terms and conditions apply to these purchases, including return/refund/shipping policies. Panacche is not responsible for availability of any item included in a purchased room design.
    2. LAVISH PACKAGE: Panacche’s Lavish package allows customers to get a designer/decorator to design their space from scratch. Customer will provide their aesthetics, needs and Panacche designer will design their space. This option is fully custom. Designer and client will use Panacche’s platform to communicate when the platform is ready along with an online meeting option. While the platform is not available, designer and client will communicate via email exchanges and will always keep Panacche admin in the loop by cc’ing them in all the email communications.  In case a preferred designer of the client is not available or if the designer chooses to leave the project without completing it, Panacche will assign a different designer to the client and the project. The client will receive 2 concept boards, and after that will receive up to 3 concept board revisions, one (1) 3D rendering with 1 revision, floor plan, shopping list, and paint palette. All the deliverables will be provided to our clients either in email or google drive while the platform is not ready. Once the platform is ready, the deliverables will appear on the client dashboard. Once the final concept board is approved by the customer, and that’s when 3d rendering will start. The customer at this point cannot go back to concept board stage. The design phase once the payment is made should be completed within 2 months. If multiple rooms are purchased then the design phase for each room should not exceed 6 weeks.
      1. DESIGNER INTERACTION: Client can use Panacche’s platform, email exchanges while the platform is not available to interact with the designer or an online meeting option is also available. Once the design is marked complete, the client will no longer be able to use the chat interaction feature or continue email exchanges. Client may not discuss design topics unrelated to the purchased room design with the Designer and/or separately contact Designer for interior design services that Designer provides through the Panacche Website.
      2. Third Party Purchases. A Client may elect to purchase items included in the shopping list from third party vendors (“Vendor”) through Panacche. Panacche will contact the applicable Vendor and, upon issuing an invoice to Client and Client approving such invoice, will collect the cost of the items from Client in advance of placing orders with the Vendor for the purchase. All Vendor terms and conditions apply to these purchases, including return/refund policies and shipping policies. Panacche is not responsible for availability of any item included in a purchased room design.
  • CHARGES FOR SERVICES. You will be informed of the fee to be charged when you select a room design. You will be asked to supply credit card information, during the checkout process. In order to facilitate payment for your order, Panacche will share your credit card information and related personal information to its designated credit card payment processor. This information is shared solely for the purpose of collecting the fee.
  • PROJECT COMPLETION DATE: For best results, Panacche recommends that any room design is completed within sixty (60) days of receiving the first concept board. Panacche’s project will automatically be marked as complete once the 3d rendering is delivered.
  • Room designs once purchased for Loyal and Lavish cannot get refunds after receiving the first concept board with furniture source list. Refunds for items purchased from Vendors are subject to the refund policies of the applicable Vendor and Panacche can assist with it if it was purchased through Panacche.
  • RETURNS/REPLACEMENTS/CANCELLATIONS: All returns, replacements, and cancellations are subject to individual vendor policies. If the items are purchased through Panacche, Panacche may assist but will adhere to the vendor policies. In case of cancellation of an item once the order is placed with a 3rd party vendor, Panacche will charge 10% of the product price without any discounts applied as the cancellation fee.
  • FURNITURE, DÉCOR DELVIERY: Panacche will not be responsible for any lost deliveries for any items including any décor, furniture, samples if purchased through Panacche. Vendors ship products based on their individual shipping policies and Panacche abides by it. Panacche will not be responsible for any consequential or punitive damages related to any furniture and/or decor deliveries.
  • 3RD PARTY PRODUCT PROCUREMENT: Panacche sources furniture and décor from various suppliers. Panacche may procure products from any supplier based on Panacche’s vendor relationship.
  • Clients’ RESPONSIBILITY: Clients are responsible for taking correct room measurements and providing correct sizing of their space. Panacche recommends all window measurements are taken by a professional. Any errors generating but not limited to as a result of incorrect space measurement or color, texture, size will not be Panacche’s responsibility. This includes purchasing of incorrect sizing furniture, décor pieces etc. Renderings and measurements supplied by the designer may be subject to having errors and clients have to use their own discretion before making any investments and product purchases. Customers are responsible for verifying item sizes before ordering shopping list items as sizes may appear different in renderings. Panacche is not responsible for mismeasurements of suggested furnishings, for item colors, and is not responsible for confirming that suggested merchandise will fit through doorways, hallways, stairways, or elevators. All measurements and colors should be verified by the customer in their space prior to purchasing a product.

 

  • DESIGNER RECOMMENDATIONS: Panacche is not responsible for verifying any Designer Recommendations. Customers are solely responsible for checking and verifying all Designer Recommendations before ordering shopping/sourcing list items and/or implementing the Designer Recommendations.
  • STRUCTURAL CHANGES FOR ANY CONSTRUCTION: Panacche will not provide recommendations for any structural changes. Any such change should go through based on the recommendation of a Licensed professional and prior to undertaking any such construction activity. Panacche will not be held responsible for any consequential or punitive damages arising from such activity.

 

  1. USER CONTENT
  • Submitted Content. You are solely responsible for any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "User Content") that you submit, use, display or share on or via the Website or Services. You must not submit, upload, post, display or share any User Content that you do not have the right to copy, use or share for the purpose of your use of the Website or Services. If you choose to provide information or User Content to use, register for or participate in a service, event, or promotion, you agree that you will provide accurate, complete, and up to date information as requested on the screens or services that collect information from you.

 

  • Ownership and Use of User Content. We do not claim ownership of any User Content. By submitting such User Content, however, You hereby grant us the right to (i) copy, store and use that User Content for the purpose of providing you with the Services and (ii) modify the User Content to remove identifiers of you and any other individuals or companies, aggregate such information ("Aggregated Data") and copy, store and use such Aggregated Data for the purpose of improving the Panacche Services generally.

 

  • User Representations. You represent and warrant that: (i) you own the User Content submitted and used by you on or through the Website or Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) the submission and use of your User Content on or through the Website or Services does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content you submit or use on or through the Website or Services; and (iv) you have the legal right and capacity to enter into these Terms in your jurisdiction.

 

  • Required Disclosures. You acknowledge and agree that we may store and/or preserve User Content and may also disclose User Content and/or other information provided by you if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of these Terms; (c) respond to claims that any User Content violates the rights of third-parties in accordance with these Terms; and/or (d) protect the rights, property, or personal safety of us, our representatives and/or agents, our users or the public.

 

  • 3d Renderings: Panacche reserves the right to use actual 3D renderings generated for the clients for promotional purposes on social media, website or other services.
  1. USER CONDUCT. You understand and agree not to use Panacche to:
    • Post or upload images, content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
    • To violate any laws or for any illegal purpose.
    • Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
    • Upload, post, email, transmit or otherwise make available any content, or initiate communications which include information, that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
    • Upload, post, email, transmit or otherwise make available any content, or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
    • Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. This prohibition includes but is not limited to: a) using Panacche to send messages to people who don't know you or who are unlikely to recognize you as a known contact; b) using Panacche to connect to people who don't know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) sending messages to distribution lists, newsgroup aliases, or group aliases.
    • Upload, post, email, transmit or otherwise make available any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
    • Stalk or harass anyone.
    • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through Panacche.
    • Post content in fields that are not intended for that content. Example: Putting an address in a name or title field.
    • Interfere with or disrupt Panacche or servers or networks connected to Panacche, or disobey any requirements, procedures, policies or regulations of networks connected to Panacche.
  2. PROVIDERS. Panacche does not directly employ the Designers that create the room designs listed on its Website. Your relationship with the Designer is strictly with the Designer. Panacche is not involved in the Designer/Client relationship and does not interfere, review or control Designer interactions with Clients. The information we make available about any particular Designer is supplied to us by that Designer, and Panacche makes no warranty as to its accuracy. Users of the Website are ultimately responsible for choosing which room design to purchase and whether to elect to communicate with a Designer. You also agree that Designers may use their design ideas and services in more than one place. Clients do not own the intellectual property rights to room designs offered for sale on the Website and/or Content or design proposals produced by Designers, but are instead purchasing the room design, implementation guide and the furniture, accessories under the limited license terms granted herein.
  3. PRIVACY. Personal data that you provide regarding yourself will be handled in accordance with Panacche’s Privacy Policy.
  4. DISCLAIMERS.
  • NO WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE, THE CONTENT AND THE SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, THE SERVICES AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. PANACCHE PROVIDES THE WEBSITE, THE SERVICES AND THE CONTENT ON A COMMERCIALLY REASONABLE BASIS AND PANACCHE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEBSITE, ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE WEBSITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. PANACCHE DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE, THE SERVICES AND/OR THE CONTENT AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT PANACCHE SHALL HAVE ADEQUATE CAPACITY FOR THE WEBSITE, THE SERVICES AND/OR THE CONTENT AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. PANACCHE MAKES NO WARRANTIES ON ANY DESIGN SERVICES, DESIGN PROPOSALS OR RECOMMENDATIONS, PRODUCT RECOMMENDATIONS OR ANY OTHER SERVICES PROVIDED BY THE DESIGNERS. ALL SUCH SERVICES ARE MARKED “AS IS”. DESIGNERS SELL INTERIOR DESIGN SERVICES THROUGH PANACCHE AND CUSTOMERS BUY DESIGN SERVICES AND ANY SUCH TRANSACTION SHOULD BE AT THEIR OWN RISK. PANACCHE IS NOT OBLIGATED TO GET INVOLVED IN ANY DISPUTES RESULTED DUE TO ANY INTERACTION OR SERVICES PROVIDED BETWEEN THE DESIGNER AND THE CUSTOMER. PANACCHE WILL NOT BE HELD RESPONSIBLE FOR ANY DAMAGES OR LOSSES INCURED DUE TO ANY INTERACTION AND/OR DURING PROVIDING OF ANY SERVICE.
  • You agree to defend, indemnify and hold Panacche and its affiliates, subsidiaries, owners, directors, members, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs including attorneys’ fees assessed or incurred by Panacche, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right (v) your use of website or services (vi) your user content, designer proposal, recommendations.
  • THIRD PARTY DISCLAIMER. Panacche is not responsible for any claims you may have against any designer, suppliers of products or other persons (including, without limitation, Vendors), institutions or entities identified in whole or in part through the Website, including any Designers providing Services to you.
  1. LIMITATION OF LIABILITY. PANACCHE’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEBSITE, THE CONTENT AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE SHALL BE THE CANCELLATION OF YOUR USER ACCOUNT WITH PANACCHE. IN NO EVENT WILL PANACCHE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, THE CONTENT AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, THE CONTENT AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, THE CONTENT AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR COMPUTER SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, THE CONTENT AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, AND/OR (E) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, THE CONTENT AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS PANACCHE’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
  2. THIRD PARTY CONTENT. Panacche may provide hyperlinks to other web sites maintained by third parties, or Panacche may provide third party content on the Website. THE LINKS TO THIRD PARTY WEB SITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEB SITE IS NOT UNDER Panacche’s CONTROL AND Panacche IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEB SITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEB SITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEB SITES LINKED TO THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
  3. COPYRIGHT AND TRADEMARKS. The trademarks, service marks and logos used and displayed on the Website are Panacche’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. Panacche is the copyright owner or authorized licensee of all text and all graphics contained on the Website. Other parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Panacche’s trademarks or service marks without Panacche’s prior written permission. Panacche aggressively enforces its intellectual property rights. Neither the name of Panacche nor any of Panacche’s other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Website or otherwise, without Panacche’s prior written permission. If you believe that any Content on the Website violates any intellectual property right of yours, please contact Panacche at the address, email address or telephone number set forth at the bottom of these Terms.
  4. LOCAL LAWS. Panacche makes no representation that Content or materials on the Website are appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. Panacche is not responsible for any violation of law. You may not use or export the Content or materials on the Website in violation of U.S. export laws and regulations. You agree that the Website, these Terms and the Content shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with the laws of the Commonwealth of Pennsylvania. The Website and the Content shall be deemed a passive website and service that does not give rise to personal jurisdiction over Panacche, either specific or general, in jurisdictions other than the Commonwealth of Pennsylvania. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located in the Commonwealth of Pennsylvania, Delaware County. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
  5. AVAILABILITY. Information that Panacche publishes on the Website may contain references or cross-references to products, programs or services of Panacche that are not necessarily announced or available in your area. Such references do not mean that Panacche will announce any of those products, programs or services in your area at any time in the future. You should contact Panacche for information regarding the products, programs and services that may be available to you, if any.
  6. NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Website with his or her Account. You may not assign these Terms, in whole or in part, or delegate any of your responsibilities hereunder to any third party. Any such attempted assignment or delegation will not be recognized by Panacche unless acknowledged by Panacche in writing. Panacche has no obligation to provide you with written acknowledgment. Panacche may, at any time and in its sole discretion, assign these Terms, in whole or in part, or delegate any of our rights and responsibilities under these Terms to any third party or entity.
  7. TERMINATION OF SERVICE. We may terminate your Account or right to access secured portions of the Website at any time or stop providing any serivce, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website, to Panacche, to the business of the Website’s internet service provider, or to other information providers. Panacche will not be held liable due to loss or damages occurring from the termination of service.
  8. CUSTOMER COMMENTS. We welcome the submission of comments, information or feedback through the Website. By submitting information through the Website, you agree that the information submitted shall be subject to the Panacche Website Privacy Policy.
  9. CLASS ACTION WAIVER and ARBITRATION. You agree that any dispute arising out of the use of the Website, the Services or the Content shall be brought only in your capacity as an individual, and no claims may be brought as a class. All disputes shall be submitted to binding arbitration in Montgomery County, PA before a single neutral arbitrator as chosen by Panacche.  The arbitration and rules shall be according to the Commercial Arbitration rules of the American Arbitration Association (AAA).  In no event shall the arbitrators award punitive damages, exemplary or consequential damages. 

 

  1. MISCELLANEOUS. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Panacche’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms and the Panacche Website Privacy Policy are the entire agreement between you and Panacche with respect to your use of the Website, the Services and the Content, and supersede any and all prior communications and prior agreements, whether written or oral, between you and Panacche regarding the Website, the Services and the Content.

Your Consent To This Agreement

By accessing and using the Website and accepting design or conceirge services, you consent to and agree to be bound by the terms of the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on the web page so that you will always be able to understand the terms and conditions that apply to your use of the Website, the Services and/or the Content. Your use of the Website, the Services and/or the Content following any amendment of these Terms will signify your assent to and acceptance of its revised terms.

If you have additional questions or comments of any kind, or if you see anything on the Website that you think is inappropriate, please let us know by sending your comments to:

Panacche LLC

designs@panacche.com