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Terms of Use

Acceptance of Terms of Use

The following terms and conditions (these “Terms of Use”) govern your access to and use of our website available at Pandiondirect.com (the “Website”), including the services and products we offer on or through the Website (the “Services”), whether as a guest or a registered user. These Terms of Use form a legally binding agreement between you as the user of the Website and/or the Services (“you”) and Pandion Direct (the “Company”, “we” or “us”). You agree that these Terms of Use are supported by good and valuable consideration the receipt and sufficiency of which you hereby acknowledge.

Please read these Terms of Use carefully before you start to use the Website. By accessing the Website or using the Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which is incorporated herein by reference and located at Pandiondirect.com. We may also ask you to acknowledge your acceptance of these Terms of Use and our Privacy Policy through an electronic click-through. If you do not want to accept and agree to these Terms of Use or the Privacy Policy, you must not access or use the Website or Services.

In order to access this site, 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 of Use, to abide by and comply with these Terms of Use, and to form a binding contract with the Company.  Any violations of these Terms of Use or other policies or agreements incorporated herein may result in the Company removing a user’s access. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.

Changes to Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page on a regular basis to ensure that you stay informed of any changes, as they are binding on you. You agree that posting notice of any changes on the Terms of Use page of the Website is adequate notice to advise you of any changes.

Accessing the Website and Account Security

As a condition of your access to and use of the Website or Services, you agree that you will comply with all applicable laws and regulations when using the Website or Services. You are also responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with the Website or otherwise is governed by our Privacy Policy, which is incorporated herein by reference and located at Pandiondirect.com, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. The Website is intended for users from the United States only. Users from the European Union or outside of the United States are advised not to disclose personal information to Company.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password or other security information. You are responsible for maintaining the confidentiality of such information and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your user name or account. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. We also will have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

Please be advised that to the extent that we provide any content from third parties, such content is provided for informational purposes only and we cannot and do not investigate the legitimacy, validity, accuracy and legality of that information. All such information is provided solely as a convenience to you. Additionally, please be aware that sometimes we provide access from our Website to other websites that are not under our control. We do not endorse or approve any products or information offered at sites you reach through our Website. These links may include the use of so-called “share links” or similar feature. A “share link” feature is a button and/or text link appearing on the Website that enables the launch of a sharing mechanism whereby you can post links to, and content from, the Website onto social networking websites such as Facebook and Twitter. You are advised that the terms of use of such other websites govern your use of those sites, including your use of share links or other posting of our content on those websites. As a result, you are fully responsible for your own use of such websites including your use of share links to link our site and/or post its content.

Website Transactions

It is your responsibility to confirm and obey all applicable federal, state, local and international laws in regard to the sale, possession and use of any item purchased from the Website, including but not limited to any minimum age requirements. By placing an order, you represent and warrant that such use will be only in a lawful manner for your personal use and not for re-sale or distribution to third parties and that you are authorized to use the credit card or other payment method you have used in connection with such order.

You agree that your order is an offer to buy, under these Terms of Use, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. Additionally, the Company may limit or cancel quantities or orders purchased per registrant, person, household or order, for a violation of any Company policy or otherwise as the Company determines in its sole discretion. The Company specifically reserves the right to limit, cancel or otherwise prohibit orders that in the Company’s sole determination appear to have been placed by unauthorized dealers, resellers, distributors or other person(s) for the purpose of resale to third parties or for other uses which are not permitted. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event the Company makes any change to or cancels an order, the Company will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

All prices, discounts, and promotions posted on the Website are subject to change without notice. The price charged for a product or service will be the price advertised on the Website at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation e-mail. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price, and will be itemized in your shopping cart and in your order confirmation e-mail. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

All orders made on the Website shall be subject to the applicable product returns policy of the Company in place at the time of order.  You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during return shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. Refunds are initiated within 24-72 hours following the refund request and are processed within approximately three (3) to five (5) business days of our receipt of the returned product. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

Products, Content and Specifications

All features, content, specifications, products and prices of products described or depicted on the Website are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual graphic you see will depend on your computer system, and we cannot guarantee that your computer will accurately display our products at all times. From time to time there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on the Website. The inclusion of any products on the Website at a particular time does not imply or warrant that these products will be available at any time.  In the event that an item for sale is listed at an incorrect price, the Company reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price.   

Manner of Payment

If you wish to purchase any product made available through the Website, you may be asked to supply certain information relevant to your transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that (i) any credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase of the Services, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. By submitting such information, you grant us or the third party collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. You understand and agree that you are charged at the time you place the order for products on the Website. You further understand and agree that the transaction for the purchase of products is final and complete at the time you are charged.

Shipping Limitations

All purchases from the Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, graphics, images, video and audio, and the design, selection and arrangement thereof) are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

The Company name and other Company marks, logos, product and service names, designs and slogans that we use in connection with the Services are trademarks, service marks or trade dress of the Company or its affiliates or licensors in the United States and other countries. You must not use such marks for any purpose without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.

License and Access

The Website, any content on the Website and the infrastructure used to provide the Website are proprietary to us, our affiliates, merchants and other content providers. Subject to your compliance with these Terms of Use, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Website and Services for your personal, non-commercial use only. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. You are not permitted to, and you agree that you will not, copy, reproduce, sell, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website without the express written consent of the Company, except that (a) computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials and (b) you may store files that are automatically cached by your Web browser for display enhancement purposes. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted to you in these Terms of Use are reserved and retained by the Company or its licensors, suppliers, publishers or other content providers, as the case may be. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Prohibited Uses; Monitoring and Enforcement

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to:

  • Use the Website any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
  • Use the Website to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • Use the Website to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us in our sole discretion, may harm the Company or users of the Website or expose them to liability.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

We have the right to:

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Geographic Restrictions

The owner of the Website is based in the State of New York in the United States. We provide the Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT AND THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE, ITS CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THE COMPANY HEREBY EXPRESSLY DISCLAIMS WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. NEITHER THE COMPANY, ITS AFFILIATES NOR ANY PERSON ASSOCIATED WITH THE COMPANY OR ITS AFFILIATES MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OFFERED OR DISPLAYED ON THE WEBSITE OR THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, VALIDITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR ANY INFORMATION PROVIDED ON OR THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY, ITS AFFILIATES NOR ANYONE ASSOCIATED WITH THE COMPANY OR ITS AFFILIATES REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR THE SERVICES, OR ANY PRODUCTS OBTAINED THROUGH THE USE THEREOF, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATES OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD SUCH PARTIES RESPONSIBLE, FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, AND EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR USE, OR INABILITY TO USE, THE WEBSITE, (B) DELAYS OR DISRUPTIONS IN THE SERVICES, (C) DEFECTS IN GOODS, SAMPLES, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED FROM YOU OR ANY THIRD PARTY THROUGH THE WEBSITE, (D) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OR LINKING TO THE SERVICES, (E) GLITCHES, BUGS, ERRORS OR INACCURACIES OF ANY KIND IN THE SERVICES, (F) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT DUE TO A BREACH OF THESE TERMS OF USE OR OTHERWISE IN ACCORDANCE WITH THESE TERMS OF USE, (G) UNAUTHORIZED ACCESS BY THIRD PARTIES TO DATA OR PRIVATE INFORMATION OF ANY USER OF THE WEBSITE OR SERVICES, (H) YOUR NEED TO MODIFY PRACTICES, CONTENT OR BEHAVIOR AS A RESULT OF CHANGES TO THESE TERMS OF USE, (I) THESE TERMS OF USE, (J) THE CONTENT, ACTIONS OR INACTIONS OF THIRD PARTIES OR (K) YOUR RELIANCE UPON THE WEBSITE OR ITS CONTENT.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Regardless of the previous paragraphs, if the Company, its affiliates or any of their respective licensors, service providers, employees, agents, officers or directors are found to be liable, their aggregate liability to you or to any third party will be limited to the greater of (a) the amount of fees in dispute, not to exceed the total fees which were paid to the Company in the 12 months prior to the action giving rise to the liability, and (b) $100.

Health-Related Disclaimer

This Website may provide educational and informational content but is in no way meant to be interpreted as medical advice or instruction.  You should not use the information available on or through the Website, including but not limited to information that may be provided on the Website by health care professionals employed by or contracting with the Company, for diagnostic or treatment of any health problems, disease, or as or in place of any prescription or any other medication. Any questions or concerns regarding medical care, health issues, or product use should be directed to a licensed physician before using any Services. The Company is not responsible for any medical, health, or other harm that may result from your use of any product available for sale on the Website or from information which you obtain from the Website.    

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use, your use of the Website or the Services other than as expressly authorized in these Terms of Use, your breach of any representations and warranties made by you under these Terms of Use, any activity related to your account on the Website (including negligent or wrongful conduct) by you or any other person accessing the site using your such account or your breach of any law or the rights of a third party.

Electronic Communications

You consent to receive communications from us electronically, such as through e-mail or notices and messages on the Website. You may retain copies of these communications for your records. 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. Notices will be considered delivered to you and effective when sent to the e-mail address you provide on the Website or from which you otherwise e-mail us.  You shall have the right to unsubscribe from such aforementioned communications at your discretion.

Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in Monroe County, New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary such that the remaining provisions of these Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Pandion Direct with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Assignment

The Company will have the right to assign these Terms of Use (including all of its rights, titles, benefits, interests and obligations and duties hereunder) to any person or entity. You may not assign, in whole or in part, these Terms of Use to any person or entity. Any attempted assignment that does not comply with these Terms of Use will be null and void.

Survival

These Terms of Use which contemplate or govern performance or observance subsequent to the cancellation or termination hereof, or which by their nature should survive cancellation or termination, shall survive cancellation or termination hereof, including, without limitation, the terms set forth under the headings “Disclaimer of Warranties”, “Limitation on Liability”, “Health-Related Disclaimer”, “Indemnification” and “Governing Law and Jurisdiction”.

Your Comments and Concerns

The website is operated by Pandion Direct, with its principal office at Pandiondirect.com.

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: support@pandiondirect.com.

 

Last Modified: June 22, 2020