Disclaimer of Warranties and Liability
The Web sites include facts, views, opinions and recommendations
of individuals and organizations that we have deemed may be of
interest to you. However, we do not guarantee the accuracy, completeness
or timeliness of, or otherwise endorse the views, opinions or recommendations
of others.
Acceptance of Terms of Service
Please read these Terms of Use ("Terms") carefully before
accessing or using this Web site ("Site"). By accessing
or using the Site, you agree to be bound, without limitation or
qualification, by the Terms. If you do not accept any of the Terms
stated here, do not use the Site. Panache Fine Catering may, in
its sole discretion, modify or revise these Terms at any time by
updating this web page. You are bound by any such modification
or revision and should therefore visit this page periodically to
review the Terms. In addition, your use of the Site is subject
to the additional disclaimers and caveats that may appear throughout
the Site. You may also wish to review the Panache Fine Catering
Privacy Policy before using this Site.
Acceptable Site Use
The Site may be used only for lawful purposes by individuals seeking
information about Panache Fine Catering, to use the Panache Fine
Catering Service or to register to the services offered on the
Site. Panache Fine Catering specifically prohibits any use of
the Site, and you agree not to use the Site, for any specific
prohibited use or to violate the Site security, as explained
below.
You agree not to use the Site to:
- Operate any device, software or routine to interfere or
attempt to interfere with the proper working of the Site
or any activity being conducted on the Site;
- Commence any action which imposes an unreasonable or disproportionately
large load on the Site's infrastructure;
- Interfere with or disrupt the Site or servers or networks
connected to the Site, or disobey any requirements, procedures,
policies or regulations of networks connected to the Site;
- Access the Site by any means other than through the interface
that is provided by Panache Fine Catering for use in accessing
the Site;
- Intentionally or unintentionally violate any applicable
local, state, national or international law, including, but
not limited to, regulations promulgated by the U.S. Securities
and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange or the NASDAQ,
and any regulations having the force of law;
- If you have a password allowing access to a non-public
area of the Site, disclose or share your password with, any
third parties or use your password for any unauthorized purpose;
- Use or attempt to use any engine, software, tool, agent
or other device or mechanism (including without limitation
browsers, spiders, robots, avatars or intelligent agents)
to navigate or search the Site other than the navigation
engine and search agents available from Panache Fine Catering
on the Site and other than generally available third party
web browsers (e.g., Microsoft Explorer, NeoPlanet, Netscape
Navigator);
- Engage in the practices of "screen scraping" or "database
scraping" to obtain lists of facts, URLs, users, registrants,
or other information;
- Attempt to decipher, de-compile, disassemble or reverse
the engineering of any of the software comprising or in any
way making up a part of the Site;
- Frame Site content in another web page;
- Collect or store personal data about other users of the
Site;
- Except as expressly provided elsewhere on the Site, reproduce,
duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Site, use of the Site, or access
to the Site.
Please refer to the sections of this
Privacy Policy that apply to you, whether as a Registrant
or a Guest.
Web site Security
You agree not to violate the security of the Site, including, without
limitation, (a) accessing data not intended for you or logging
into a server or account which the user is not authorized to
access, (b) attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication
measures without proper authorization, (c) attempting to interfere
with service to any user, host or network, including, without
limitation, via means of submitting a virus to the Site, overloading, "flooding", "spamming", "mailbombing" or "crashing",
(d) sending unsolicited e-mail, including promotions and/or advertising
of products or services, to any email address listed on the Site,
or (e) forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting. You agree and
acknowledge that violations of the Site's security may result
in civil or criminal liability, and that Panache Fine Catering
will investigate any possible violation of the Sites' security
and may involve, and cooperate with, law enforcement authorities
in prosecuting users who are involved in such violations.
Registrant Accounts, Passwords,
and Security
Certain areas of the Site are accessible only to registrants of
Panache Fine Catering. If you are such a registrant, you will receive
a password and account designation upon completing the Site's registration
process. You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible for all
activities that occur under your password or account, whether or
not authorized by you. You agree to (a) immediately notify Panache
Fine Catering of any unauthorized use of your password or account
or any other breach of security, and (b) ensure that you exit from
your account at the end of each session. Panache Fine Catering
cannot and will not be liable for any loss or damage arising from
your failure to comply with these terms.
Links to Third-Party Sites
The Site and the Panache Fine Catering Service provide links to
other Internet sites or resources. Because Panache Fine Catering
has no control over such sites and resources, you acknowledge
and agree that Panache Fine Catering is not responsible for the
availability of such external sites or resources, and does not
endorse and is not responsible or liable for any content, advertising,
products, or other materials on or available from such sites
or resources. You further acknowledge and agree that Panache
Fine Catering shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such content,
goods or services available on or through any such site or resource.
Dealings with Advertisers
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Site, including
payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with
such dealings, are solely between you and such advertiser. You
agree that Panache Fine Catering shall not be responsible or
liable for any loss or damage of any sort incurred as the result
of any such dealings or as the result of the presence of such
advertisers on the Site, including claims for violation of privacy.
Indemnity
You agree to indemnify and hold Panache Fine Catering, and its
subsidiaries, affiliates, officers, agents, co-branders or other
partners, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or
arising out of your use of the Site or your breach of these Terms,
or your violation of any rights of another.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SITE IS AT YOUR SOLE
RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. PANACHE FINE CATERING EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- PANACHE FINE CATERING MAKES NO WARRANTY
THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS
OR SERVICES PURCHASED OR OTHERWISE OBTAINED BY YOU THROUGH
THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS
IN ANY SOFTWARE USED ON THE SITE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
ROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM PANACHE FINE CATERING OR
THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TERMS.
Limitation on Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PANACHE FINE CATERING SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF PANACHE FINE CATERING HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR
THE INABILITY TO USE THE SITE OR ANY OTHER MATTER RELATING TO
THE SITE.
Modifications to Site
Panache Fine Catering reserves the right at any time and from time
to time to modify or discontinue, temporarily or permanently,
the Site (or any part thereof) with or without notice. You agree
that Panache Fine Catering shall not be liable to you or to any
third party for any modification, suspension or discontinuance
of the Site.
Panache Fine Catering Copyright
Information
Copyright © 2003 - Panache Fine Catering All rights reserved.
Panache Fine Catering respects the intellectual
property of others and we ask our Site users to do the same.
If you believe that your work has been copied and posted on
the Site in a way that constitutes copyright infringement,
please provide Panache Fine Catering's Copyright Agent with
a Notice of claim of copyright infringement containing the
following information:
- an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has
been infringed;
- a description of where the material that you claim is infringing
is located on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner,
its agent, or the law;
- a statement by you, made under penalty of perjury, that
the above information in your Notice is accurate and that
you are the copyright owner or authorized to act on the copyright
owner's behalf.
- Panache Fine Catering’s Copyright Agent for Notice
of claims of copyright infringement on the Site is:
- Panache Fine Catering
Emil A. Sueck Jr.
414 York Road
Towson, MD 21204
General Information
These Terms supercede any prior agreements between you and Panache
Fine Catering concerning your use of the Site, except any applicable
registration or affiliate or other similar agreement you have
entered into with Panache Fine Catering, which will continue
in full force in effect by its own terms. The Terms and the relationship
between you and Panache Fine Catering shall be governed by the
laws of the State of Maryland without regard to its conflict
of law provisions. You and Panache Fine Catering agree to submit
to the personal and exclusive jurisdiction of the state courts
located within Dakota County, Minnesota or federal courts in
the Eighth Circuit in Minnesota. The failure of Panache Fine
Catering to exercise or enforce any right or provision of the
Terms shall not constitute a waiver of such right or provision.
If any provision of the Terms is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of the
Terms remain in full force and effect. You agree that regardless
of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Site or the Terms
must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
The section titles in the Terms are for convenience only and have
no legal or contractual effect.
Violations of the Terms
Please report any violations of these Terms to:
Panache Fine Catering
414 York Road
Towson, MD 21204
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