READ CAREFULLY. This Terms of Use Agreement ("Terms of Use") applies to use of the Pamlyn Distributors website located at http://www.pamlyndistributors.com (the "Site"). The Site is the property of Pamlyn Products and Baskets of Taste (together with its affiliated companies, including without limitation, pamlyndistributors.com). Use of or accessing the pamlyndistributors.com web site constitutes your acceptance of the Terms of Use. If you do not agree, do not use this site.

pamlyndistributors.com reserves the right, at its sole discretion, to change, add or remove portions of this Terms of Use, at any time. It is your responsibility to check this Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of these Terms of Use, which shall apply until a modified Terms of Use is posted at which time they will be used in accordance with said modified Terms of Use. As long as you comply with this Terms of Use and any such modifications, pamlyndistributors.com grants you ("Consumer") a personal, non-exclusive, non-transferable, non-sub-licensable, limited privilege to enter and use the Site.

1. Media; Copyright and Trademark Notice. All media, software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site (collectively, "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned or licensed by or to pamlyndistributors.com, and is protected by copyright, trademark laws, and various other intellectual property rights laws. Except as expressly provided in this Terms of Use, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without pamlyndistributors.com's prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and pamlyndistributors.com reserves all rights not expressly granted hereunder. pamlyndistributors.com expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.

Pamlyn Products, Baskets of Taste, and pamlyndistributors.com are registered trademarks, trademarks or service marks of pamlyndistributors.com. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of pamlyndistributors.com. All other trademarks or service marks are property of their respective owners. The use of any pamlyndistributors.com trademark or service mark without pamlyndistributors.com's express written consent is strictly prohibited.

2. Registration; Regional Manager, District Manager, and Sales Manager Accounts; henceforth referred to as user accounts mandate Use of Site. Certain services offered on or through the Site require you to set up a user account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify pamlyndistributors.com immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by pamlyndistributors.com or any other user of the Site due to someone else using your password, customer or user account. You may not use anyone else's password, or customer or user account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer or user account will be terminated. You agree to provide pamlyndistributors.com with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site. In addition, you agree that you will not use the site in such a way as to purposely use content on the site in a systematic way, such that the standard usage patterns on the site would be affected. You also agree that pamlyndistributors.com may, in its sole discretion and without prior notice to you, terminate your access to the Site and your customer or user account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any Content, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of this Terms of Use, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that pamlyndistributors.com will not be liable to you or to any third party for termination of your access to the Site.

3. Consent To Our Communication With You By E-Mail. By establishing an account with us you grant permission for pamlyndistributors.com to contact you at your e-mail address.

4. Conditions of Sale and Payment Terms. To purchase any goods and/or services on our Site, you must (a) be at least eighteen (18) years of age, (b) be a natural person (no corporations, affiliateships or other legal entities), and (c) be a resident in the 50 states of the United States of America, exclusive of its commonwealths, territories and possessions ("United States").

5. No Responsibility To Sell Mispriced Products Or Services. Pamlyndistributors.com shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Pamlyndistributors.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, pamlyndistributors.com immediately issue a credit to your credit card account in the amount of the charge.

6. Modifications to Prices or Billing Terms. PAMLYNDISTRIBUTORS.COM RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.

7. Service and Support for Goods Sold. All requests for technical service and support should be made to techsupport@pamlyndistributors.com. All requests for product support should be sent to info@pamlyndistributors.com.

8. Indemnification. You agree to indemnify and hold harmless pamlyndistributors.com and its parents, sister companies, subsidiaries, affiliates, service providers, other Consumers, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your violation of this Terms of Use, or your violation of any law, regulation or third-party right.

9. Disclaimer of Warranties. THE SITE, PRODUCTS, SERVICES, CONTENT, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS." EXCEPT AS EXPRESSLY STATED HEREIN, PAMLYNDISTRIBUTORS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE PAMLYNDISTRIBUTORS.COM SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.

10. LIMITATION OF LIABILITY. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY CONTENT REMAINS WITH YOU. IN NO EVENT SHALL PAMLYNDISTRIBUTORS.COM OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, OR CONTENT, WITH THE DELAY OR INABILITY TO USE THE PAMLYNDISTRIBUTORS.COM SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE PAMLYNDISTRIBUTORS.COM SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF PAMLYNDISTRIBUTORS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT PAMLYNDISTRIBUTORS.COM SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO PAMLYNDISTRIBUTORS.COM BY CONSUMER. YOU ASSUME ALL RISK OF LOSS FOR SHIPPED PRODUCTS. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF PAMLYNDISTRIBUTORS.COM. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

11. General. No delay or failure to take action under this Terms of Use shall constitute any waiver by pamlyndistributors.com of any provision of this Terms of Use. If any provision of this Terms of Use is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this Terms of Use will continue in full force and effect. This Terms of Use will bind and inure to the benefit of pamlyndistributors.com's permitted successors and assigns. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises. This Terms of Use shall be governed by the laws of the State of South Carolina without regard to or application of any conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in Lexington County, in the State of South Carolina. This Terms of Use is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Terms of Use shall be null and void. pamlyndistributors.com may freely assign this Terms of Use without consent or notice. This Terms of Use (including all documents expressly incorporated herein by reference, including but not limited to, the relevant Usage Rules) constitutes the complete and exclusive agreement between pamlyndistributors.com and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.