Terms of service

I. OVERVIEW

These terms and conditions of use (the “Terms”) contain the terms governing your (collectively, “you” or “your” or “User”) use of the website www.pencieandginger.com, and its related webpages,  a website owned and operated by Pencie & Ginger, LLC, a California limited liability company (the “Site”), with the authorization and authority, and in conjunction with all of its parent companies, subsidiaries or brands (collectively, “Pencie & Ginger,” “we,” “us,” and “our”).  BY USING THIS SITE, YOU ARE AGREEING TO THESE TERMS OF USE, WHICH CONSTITUTE A CONTRACT BETWEEN YOU AND US; IF YOU DO NOT AGREE, DO NOT CONTINUE TO USE THE SITE.

Pencie & Ginger reserves the right, at its sole discretion, to change, modify, remove, and/or replace these Terms, or parts of these Terms, at any time.  Is it your responsibility to check these Terms periodically for any such changes.  Any changes made to these Terms shall become effective upon the date they are posted to the Site.  So long as you comply with these Terms, Pencie & Ginger grants you a personal, non-exclusive, non-transferable, fully revocable, limited privilege to access and use the Site for such purposes authorized and provided for in these Terms, subject to all of those terms, conditions, and limitations provided herein.

II. OWNERSHIP

Pencie & Ginger owns the Site.  Pencie & Ginger owns all right, title, interest, and intellectual property attendant or related to any and all content contained or represented on the Site.  The look and feel of the Site, including any custom fonts, graphics, and button icons are the property of Pencie & Ginger and may not be duplicated, copied, imitated, modified, or otherwise used, in whole or in part, in any way without the prior, express, written consent of Pencie & Ginger.  Your failure to comply with any of these Terms will constitute a breach of these Terms and a breach of the contract existing between you and us relating to your access and use of the Site, will result in the immediate revocation of your limited privilege to access and use the Site, and may give rise to a claim by Pencie & Ginger against you, and may also violate Pencie & Ginger, or a third party’s, copyright, trademark, and/or other proprietary and industrial property rights.

III. NO LICENSE

The Site is available only for your personal, non-commercial use, which shall be limited to viewing the Site, providing information to the Site, ordering products, and downloading product information for your personal use.  Except as expressly provided in these Terms, nothing contained herein shall be construed as conferring to you by implication, estoppel or otherwise, any license or right under any patent, trademark, copyright, or other proprietary or industrial right of Pencie & Ginger’s or of any third party.

VI. USE OF CUSTOMER DATA

If you respond to Pencie & Ginger with any information, including but not limited to, feedback, comments, suggestions, improvements, creative ideas, questions, or similar information, all such information will not be deemed or kept confidential by us.  By using the Site, you grant to Pencie & Ginger a non-exclusive, royalty-free, irrevocable, perpetual, worldwide license to use such information for any purpose, and to incorporate any such information in any marketing or advertising by us.  Pencie & Ginger will exclusively own any improvements or modifications to the Site based upon, or derived from, any such information obtained from you, as a result of your use of the Site, or as otherwise described in this section.  

Pencie & Ginger welcomes your comments and suggestions on the Site and on Pencie & Ginger’s products, but it does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to the development, design, manufacturing, or marketing of its products or services.  By submitting information to Pencie & Ginger through this website, or otherwise, you authorize Pencie & Ginger to publish such information, to use it as part of its operations, and to incorporate its content or concepts in Pencie & Ginger’s products or services, without compensation or liability.

You agree that your feedback, comments, suggestions, improvements, creative ideas, questions, or similar information, that is provided to us through your use of the website or otherwise, will not violate any rights of any third-party, including but not limited to, any copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that any comments made by you and transmitted to us through your use of the website will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site.  You also agree to be truthful in your communications with us, to not make any fraudulent statements or commit any fraudulent act, and that you will not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the authenticity, source, or meaning of any comments or information you supply to us through your use of the Site. By using the Site, you understand, acknowledge, and agree to be solely responsible for any comments that you make, or information you supply to us, and warrant to us the accuracy of those comments and information.  We assume no responsibility as to the truthfulness or accuracy of any information submitted you and assume no liability to you or to any third-party, for any comments or information posted or provided by you to us through your use of the Site.

V. ACCOUNTS

To use certain online services provided by us on the Site or elsewhere, you may need to create an account with us and/or one or more of our affiliates.  If you create an account, you agree that you will: (a) create only one account; (b) provide honest, accurate, current and complete information regarding yourself; (c) keep your information updated and accurate; (d) keep your account secure, your password private, and that you will not share such information with others; and (e) that you will notify Pencie & Ginger if you discover or suspect that your account has been misused, compromised, hacked, or breached in any way.  To the extent you fail to do any of the foregoing, and that results in damage to us or others, you may be held liable for losses incurred by Pencie & Ginger or any other user or visitor of the Site.

Additionally, you are not authorized by Pencie & Ginger to use anyone else’s account or account information, including their e-mail address, password, or any other account identifiers without the express written consent of the account’s owner, and Pencie & Ginger.  Likewise, you are not authorized to permit or allow anyone else to use your account, or account information, without Pencie & Ginger’s prior express written consent.  By using this Site, you acknowledge and agree that Pencie & Ginger assumes no responsibility and will not be held liable for any loss or damage arising from your failure to comply with any of these terms relating to your account or the accounts of others.  

VI. DISCLAIMER

PENCIE & GINGER DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE YOU WITH ANY CONVENIENCE, VALUE, BENEFIT, OR ANY SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS.  ALL INFORMATION PROVIDED ON THE SITE IS INFORMATIONAL ONLY AND SUBJECT TO CHANGE WITHOUT ADVANCE NOTICE. PENCIE & GINGER DOES NOT WARRANT OR GURANTY THE SAFETY OR SECURITY OF ANY INFORMATION THAT YOU PROVIDE TO US ON THE SITE. PENCIE & GINGER CANNOT AND DOES NOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE FROM VIRUSES OR CONTAMINATION OR OTHER DESTRUCTIVE FEATURES.  BY USING THE SITE, YOU DO SO AT YOUR OWN RISK.  PENCIE & GINGER HEREBY DISCLAIMS ANY AND ALL WARRANTIES, IN ANY WAY RELATED TO ITS SITE OR YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

This disclaimer applies to any and all damages, claims, demands, disputes, liability, costs, expenses, or injuries caused by, arising out of, or related to, to your use of the Site.

Pencie & Ginger reserves the right to, at any time and without advance notice, and at its sole discretion, do any of the following: (i) modify, suspend or terminate operation of or access to the Site, or any portion of the Site; and (ii) modify or change the Site, or any portion of the Site, and any applicable policies or terms. 

VII. ENTIRE AGREEMENT

Pencie & Ginger has made no other promises or representations to you other than those contained in these Terms. Any and all other written or oral agreements or understandings previously arising or existing between User and Pencie & Ginger with respect to User’s use of the Site are hereby revoked and superseded by these Terms.  

VIII. SEVERABILITY AND WAIVER

If any provision of these Terms is found to be unenforceable or invalid by any court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that the balance of these Terms will otherwise remain in full force and effect and enforceable. Any express waiver or failure to exercise promptly any right under these Terms will not create a continuing waiver or any expectation of non-enforcement.

IX. INJUNCTIVE RELIEF

User acknowledges that any breach of these Terms or the unauthorized use of Pencie & Ginger’s intellectual property will result in serious and irreparable injury to Pencie & Ginger for which damages may not adequately compensate Pencie & Ginger. User agrees, therefore, that, in addition to any other remedy that Pencie & Ginger may have, Pencie & Ginger shall be entitled to seek equitable injunctive relief without being required to post a bond or other surety or to prove either actual damages or that damages would be an inadequate remedy.

X. DISPUTE RESOLUTION

Pencie & Ginger seeks to resolve any dispute related to these Terms without formal litigation.  As such, in the event of any controversy or dispute between Pencie & Ginger and you arising out of or in connection with your use of the Site, Pencie & Ginger and you each agree that they shall attempt, promptly and in good faith, to resolve any such dispute informally, and without court intervention. If, however, the parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation for resolution. If, and only if the dispute cannot be resolved through mediation, or if one of the parties refuses to proceed to mediation or fails to meaningfully respond to a request to do so within a reasonable time, then the parties may proceed to litigation of its claims and seek any right or remedy available to them under applicable law.

XI. GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of the State of California, without regard to conflict of laws principles.  Exclusive jurisdiction for litigation of any dispute, controversy or claim arising out of or in connection with these Terms shall be in the Federal or State court with competent jurisdiction located in or closest to San Joaquin County, California.  By using the Site, you agree to this choice of law provision and voluntarily agree to to this venue provision and to submit yourself to the jurisdiction of the Federal and California State courts sitting in or closest to San Joaquin County, California.