Terms & Conditions
TERMS AND CONDITIONS OF USE
We at PanoRanch.com are pleased that you have chosen our web site for your safe and pleasant shopping experience. These Terms and Conditions of Use are rules established to govern our site. By accessing any one of our sites you agree to be legally bound and to abide by, these terms and conditions. We reserve the right to change these terms and conditions at any time, effective immediately upon posting on our sites. We encourage you to review these terms and conditions whenever you visit our sites. Please note you must be 18 years or older to use, subscribe, or register as a member of PanoRanch.com and have a valid credit card, with full authority to use it, to submit an order through any of our sites.
OWNERSHIP AND TRADEMARKS
PanoRanch.com, and Pano Ranch are registered and owned by Pano Ranch, Inc. with an office at 365 San Aleso Ave., Sunnyvale, California 94085. All other product names, and company names and logos appearing on our web site are the sole property of Pano Ranch. The information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other materials (content) on our sites are the property of Pano Ranch and our suppliers and are protected by U.S. copyright laws. The use of any of these without our written permission is strictly prohibited.
DISCLAIMER AND LIMITATION OF LIABILITY
The use of PanoRanch.com’s site is at your sole risk and the materials provided are “as is” and “as available”. PanoRanch.com disclaim any and all representations and warranties with respect to this site and its contents, whether expressed, implied, or statutory, including, but not limited to, warranties of title, merchantability or fitness for a particular purpose. No oral advice or written or electronically delivered information given by the company or its affiliates, or any of its officers, directors, employees, agents providers, merchant or the like shall create any warranty.
The company, its affiliates, officers, directors, employees, agents, third-party services or content providers, associates, merchants, sponsors, licensors, or the like, will not be able to guarantee that the site will be uninterrupted or error free. On occasion there may be information that is out of date, has omissions, mistakes, deletion of files, e-mail defects, viruses, delays in operation or transmission, inaccuracies or failure of performance, resulting from acts of God, or due to communications failure, theft, destruction or unauthorized access to the company’s records. PanoRanch.com does not guarantee any of the results that pertain to accuracy, reliability, or currency of any information content, service or merchandise provided.
If a product is listed on PanoRanch.com with an incorrect price or incorrect information due to typographical error or error in pricing or product information received, we shall have the right to refuse or cancel any orders placed for the listed product at the incorrect price, whether or not the order has been confirmed and your credit card charged. If your credit card has been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge.
Under no circumstances shall PanoRanch.com or any other party involved in creating, producing, or distributing PanoRanch.com be liable for any direct, indirect, incidental, special or consequential damages, including without limitation, lost profits that result from the use of or inability to use PanoRanch.com, including but not limited to reliance by you on any information obtained from PanoRanch.com.
You acknowledge, by your use of this web site, that your use is at your sole risk. If you are dissatisfied with this site or any content of this site and affiliate sites, or with these terms and conditions, your sole and exclusive remedy is to discontinue use of this site or affiliate sites.
PanoRanch.com is proud to guarantee all our floral designs for quality and freshness. Your floral designs are guaranteed to last an average of 7 days and if you are not satisfied with your purchase at the time of delivery please e-mail us or call us. Due to Mother Nature, blooms may vary in durability without detracting from your bouquet experience. Our sole maximum liability will be to refund the purchase price or to replace and deliver an equivalent product as soon as reasonably possible. Any problems with the product in which the guarantee is used must be e-mailed, written or called in to Pano Ranch. within 30 days after delivery or you will have waived any and all related claims regarding such product items and we shall not be liable.
All your feedback, comments, creative ideas, suggestions, content, artwork, accessible messages and other submissions on the message board which are e-mailed or written to us in conjunction to our sites shall be considered non-confidential and become the property of Pano Ranch. As your comments and feedback are submitted to us, you agree to a no charge assignment and we shall be free to use feedback on an unrestricted basis. You acknowledge that you are not entitled now, or in the future, to any compensation for any user submissions you may submit or post and you waive the benefits of any provision of law know as moral rights or any similar laws. We ask that you not send us any comments that you do not wish to assign to us including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
No user submissions, regardless of how they may be marked, will be received by us in confidence, nor shall they be subject to any express or implied obligation of confidentially. PanoRanch.com, Inc., respective officers, directors, agents or employees shall not be liable for any use or disclosure of any user submissions.
You and your successors or assignee’s hereby waive any and all rights and remedies you may have against this company, or its affiliates, or any of its respective officers, directors, employees, or agents now or in the future, and hereby release this company, its affiliates, and any respective officers, directors, agents and employees from any and all claims, demands, actions, causes of action, damages, obligations, losses and expenses of whatever kind, relating to providing, posting, transmitting or making available through the web site the user submissions to this company. You further agree to indemnify, defend and hold harmless the company, its affiliates, and any of their respective officers, directors, agents and employees from and against any and all claims, including, without limitation, claims that any user submissions misappropriate or infringe upon the rights of any third party, and reasonable attorney’s fees and expenses, which result or arise from, or are based on, the receipt, evaluation or user submissions by this company or its affiliates.
You must use, subscribe, or register in accordance with instructions that you will find on PanoRanch.com in order to participate or contribute to any informational feedback. You may not post or submit any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, that invades a person’s privacy, violating any intellectual or other property rights, or is vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You agree not to use any fake e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other content, or attempt to do any such acts. You may not submit or post material that solicits funds, or that advertises or solicits goods or services. You may not submit or post any user submissions or material that you know, or should have known, to be false. You may not submit, post, or transmit any information, software or other material that contains a virus or other harmful components. PanoRanch.com is not responsible for any user submissions or material appearing in the site, except for content by one of our identified authorized representatives. We do not screen user submissions for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason.
GIFT CARD MESSAGES
We ask that you do not use vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable language. This includes but is not limited to any message that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
We are not obligated to but we may restrict, remove or deny any or all content from a gift message that we determine in our sole discretion violates these guidelines or is harmful to us, our affiliates, employees, its affiliates, or any respective officers, directors and agents.
USER DISTRIBUTION AND UPLOADING
User agrees not to upload to or otherwise distribute from this site or related sites any content created or owned by PanoRanch.com which is subject to any copyright or other proprietary rights. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject you to criminal prosecution as well as personal liability for damages. You, not the company, or its affiliates or any of their respective officers, directors, agents, employees, merchants, providers, sponsors, licensors, or the like, will be liable for any damages resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission.
ORDERS AND ACCOUNTS
We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time to fill the order with similar quality flowers if we feel that the flowers that you had ordered will not be up to our standard of high quality.
You agree not to misuse or abuse your account access and password and will take reasonable precautions to protect its secrecy.
Limit one promotion per order.
PanoRanch.com does not allow orders to be edited the day of shipping.
Order cancellation must be requested 24 hours prior to the order being sent. Orders are confirmed and sent out in our system by 11AM (PST) each day. We request that you contact us no later than 11 AM (pst) the day prior to your ship date if you would like to cancel an order.
Once a gift card is received by the recipient Pano Ranch will not be liable for any theft, loss or destruction of the card. Gift cards are assigned numbers and not names. Pano Ranch will not be responsible for any misuse of the gift card by any other party.
Charges will automatically be applied for deliveries with addresses in the State of California and each customer shall be solely responsible for these taxes.
Any legal action brought against us shall be governed by the laws of the State of California, without regard to conflict of law principles. Sole jurisdiction and venue for any litigation arising from your use of or orders made on any one of our sites shall be an appropriate State court located in Santa Clara County, California.