Throughout the Site, the terms “we”, “us” and “our” mean Genius Pan. While the terms “you” and “your” mean the individual or entity visiting or using the Site or entering into a purchase order if the Terms are incorporated by reference. If the Terms are incorporated into a purchase order, the Terms will apply to that purchase order, in addition to the Site.
Genius Pan offers the Site, including all information, tools and services available from the Site to you, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. By accessing this Site or entering into a purchase order where the Terms are incorporated by reference, you acknowledge that you have read, understood and accept these Terms.
SECTION 1 - LICENSE
You may only access or use this Site if you are at least 18 years of age and if you comply with the Terms.
(a) Copyright: Genuis Pan claims a copyright in its works presented on or through the Site.
(b) Commercial Use of the Site Materials: Reproduction, copying or redistribution of materials on the Site for commercial purposes is prohibited without the express written permission of Genius Pan.
(c) Information and feedback you provide Genius Pan: You warrant that you own or have the right to the information or feedback you provide Genius Pan and that it will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that any information or feedback you provide Genuis Pan will not contain libelous or otherwise unlawful, abusive or obscene material. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any information or feedback you provide Genius Pan. You are solely responsible for any information and feedback you provide and its accuracy. We take no responsibility and assume no liability for any information, feedback or comments posted by you or any third-party. If Genius Pan does not own the information or feedback you provide, you grant Genius Pan a nonexclusive, irrevocable, worldwide, transferable, sub-licensable, perpetual, unlimited, fully paid up and royalty-free license to use, copy, prepare derivative works of, use for product and process enhancements, distribute, publish, remove, retain, add, and process that information and feedback, including also a license to analyze and use that information for any commercial or internal business purposes.
(d) Genius Pan Trademark: Genius Pan, and Genius Pan’s other product and service names, and logos used or displayed on the Site are registered or unregistered trademarks of Genius Pan (collectively, “Marks”), and you may not use these Marks without the express written consent of Genius Pan.
SECTION 2 – YOUR CONDUCT
You agree that:
(a) You will not use the Site for any illegal purpose.
(b) You will not harvest, collect or otherwise use contact information provided on the Site to send unsolicited improper communications, including unsolicited bulk email (collectively, spam), and you will not deliver or attempt to deliver spam through the Site or with the aid of the Site;
(c) You will not attempt to gain unauthorized access to the Site or the servers and networks associated with the Site;
(d) You will not use the Site in any manner designed to degrade the performance or functioning of the Site, including launching Denial-of-Service (DoS) attacks against the Site;
(e) You will not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit the Site, or make the Site or its content available to any third-party, other than as permitted by these Terms;
(f) You will take no action to falsely imply any sponsorship or association with Genius Pan;
(g) You will not use the Site in violation of any person’s privacy rights or to infringe upon any person’s intellectual property rights;
(h) You will not attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any software making up the Site or any products or services offered or advertised through the Site;
(i) You will not use the Site to knowingly post, upload, link to, send or store any content that is unlawful, racist, hateful, obscene, discriminatory, or contains any viruses, malware, Trojan horses, time bombs, or any other similar harmful software;
(j) You will not use automated scripts to collect information from or otherwise interact with the Site;
(k) You will not deep-link to the Site for any purpose, unless authorized in writing by Genius Pan;
(l) You will not submit false or misleading information through the Site;
(m) You will not interfere with or circumvent the security features of the Site;
(n) You will not reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or any of the products or services offered or advertised through the Site; and
(o) You will not use the content of the Site or the products or services offered or advertised through the Site in any manner competitive with Genius Pan.
SECTION 3 – THIRD-PARTY WEBSITES
The Site may contain links to, or otherwise may allow you to connect to, access or use third-party provided information, products, services or software under separate terms and conditions (collectively, “Third-party Services”). Your use of such Third-party Services is governed solely by the terms and conditions of such Third-party Services; We do not endorse, are not responsible for, and make no representations as to such Third-party Services, their content or how they handle your data. Genius Pan is not liable for any damage or loss caused or alleged to be caused by your access or use of any such Third-party Services, or your reliance on the privacy practices or other policies of such Third-party Services.
SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the Site is not accurate, complete, up to date, or current. The material on the Site is provided for general information only and should not be relied upon. Please contact us for the latest products and services and for current pricing.
SECTION 5 - MODIFICATIONS TO THE PRODUCTS AND SERVICES AND TO PRICING
Prices for our products are subject to change without notice. Pricing changes may not be reflected on the Site.
We reserve the right at any time to modify or discontinue any product or service offered through the Site, without notice at any time.
We will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of a product or service.
SECTION 6 – FULFILLMENT OF ORDERS AND RETURNS
We reserve the right to refuse any order for products or services you place with us. We may, in our sole discretion, limit or cancel quantities purchased per company, per person, per household or per order. These restrictions may include, but are not limited to, 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 that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail or billing address or phone number provided at the time the order was made. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For information regarding returns and exchanges, please review our return policy, which can be found at www.genuispan.com/return-policy.
SECTION 7 – DISCLAIMERS
(a) General Disclaimers: The Site, all products or services offered through or advertised on the Site, and all information available on or accessed through the Site, is provided “AS IS” without warranty of any kind, either express or implied, including warranties of merchantability, fitness for a particular purpose or noninfringement. Genius Pan periodically adds, changes, improves or updates the information and documents on the Site without notice. Genius Pan assumes no liability or responsibility for any errors or omissions in the content of the Site. Your use of the Site is at your own risk.
(b) Specific Disclaimers:
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors related to a product or service sold by or through Genius Pan will be corrected.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant or guaranty any results from the use of the products or services we offer.
You agree that from time to time we may remove a product or service for indefinite periods of time or cancel a product or service at any time, without notice to you.
SECTION 8 – LIMITATION OF LIABILITY
(a) NO CONSEQUENTIAL DAMAGES. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) WILL GENIUS PAN AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO YOU, YOUR USERS OR ANY OTHER THIRD-PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, BUSINESS INTERRUPTION OR ANY OTHER LOSS INCURRED BY SUCH PARTY IN CONNECTION WITH THESE TERMS OR THE PRODUCTS OR SERVICES OFFERRED OR SOLD THROUGH GENIUS PAN, REGARDLESS OF WHETHER GENIUS PAN HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES.
(b) LIMITS ON MONETARY DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, GENIUS PAN AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS AGGREGATE LIABILITY FOR DAMAGES (MONETARY OR OTHERWISE) UNDER THESE TERMS SHALL BE LIMITED TO THE PAYMENTS MADE BY YOU FOR THE PRODUCT OR SERVICE UNDER WHICH THE CLAIM AROSE.
(c) Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to You. IN THESE JURISDICTIONS, GENIUS PAN’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
SECTION 9 - PERSONAL INFORMATION
SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS
There may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to product or service descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right, without liability to you, to correct any errors, inaccuracies or omissions, and to change or update information concerning our products or services at any time without prior notice (including after you have submitted your order).
SECTION 11 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Genius Pan, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 12 - SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 13 - WAIVER
The failure of Genius Pan to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
SECTION 14 – ENTIRE AGREEMENT
These Terms constitute the entire agreement between the parties regarding their subject matter; all previous understandings whether oral or written are merged into these Terms. Genius Pan makes no representations or warranties other than those expressly set forth in these Terms. You agree that you have not relied on any oral statements not included in the Terms. Only Genius Pan may change, modify, renew, extend, discharge or waive any Term. These Terms supersede all prior versions.
Genius Pan may amend these Terms from time to time, in which case the new Terms will supersede prior versions. We will notify you on the Site of such changes and direct you to the latest version.
SECTION 15 - GOVERNING LAW
The laws of Michigan, without giving effect to its conflicts of laws provisions, govern the validity, interpretation and performance of these Terms. You acknowledge that the Site is controlled, operated and administered by Genuis Pan from its offices in Bingham Farms, Michigan. The State courts in Oakland County, Michigan and the Federal courts in Wayne County, Michigan have exclusive jurisdiction over all legal proceedings arising from or related to your use of the Site or your purchase of any products or services from Genius Pan.
YOU FURTEHR AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
SECTION 16 – ELECTION OF REMEDIES
Except as expressly set forth in the Terms, Genius Pan’s exercise of any of its remedies under the Terms will be without prejudice to its other remedies under these Terms or otherwise.
SECTION 17 – COMMENCEMENT OF ACTION
Any cause of action or claim you may have with respect to Genius Pan must be commenced within one (1) year from the date the claim or cause of action arises.
You can review the most current version of the Terms at any time at this page address.
We reserve the right, in our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to the Site. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site following the posting of any changes to these Terms constitutes acceptance of those changes.
SECTION 19 – THIRD-PARTY RIGHTS
Sections 8 and 11 of these Terms also apply for the benefit of Genius Pan’s parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on his/her/its own behalf.
SECTION 20 – RELATIONSHIP OF THE PARTIES
You agree that no joint venture, partnership, employment, or agency relationship exists between Genius Pan and you as a result of these Terms or your use of the Site.
SECTION 21 – NOTICES TO YOU
Genius Pan may deliver notice to you under these Terms by means of electronic mail, a general notice on the Site, or by written communication delivered by first-class U.S. mail to your address on record with Genius Pan that you provided it.
SECTION 22 – ASSIGNMENT
You may not assign or transfer any rights you may have arising under the Terms, by operation of law or otherwise, without Genius Pan’s prior written consent. Any attempt by you to assign or transfer any rights you may have arising under the Terms, without such consent, will be null and of no effect. Genius Pan may assign its rights and duties under these Terms to any party at any time without notice to you. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
SECTION 23 – HEADINGS
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 – DIGITAL MILLENNIUM COPYRIGHT ACT
(a) The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If, in good faith, you believe content or material on the Site infringes a copyright owned by you, you or your agent may send Genius Pan a notice requesting that the material be removed or access to it blocked. You must email the request to Genius Pan at the contact information provided below..
(b) The notice must include this information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material claimed to be infringing or the subject of infringing activity; (iv) the name, address, telephone number, and email address of the complaining party; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices regarding the Site should be sent to the address above.
SECTION 25 – CONTACT INFORMATION
If you have any questions about the Terms, please contact us at:
Genius Pan, LLC
30600 Telegraph Rd Suite 2370B Bingham Farms, MI 48025
Effective Date: November 30, 2017