Terms & Conditions

Agreement between User and pbandjindustries.com

Welcome to pbandjindustries.com (Site). The use of pbandjindustries.com constitutes your agreement to follow and be bound by the rules and terms set forth by this and other policies of PB&J Industries, Inc. The placement of an order indicates your acceptance of these terms and conditions. Please read these terms and conditions carefully. If you do not agree to abide by these terms and conditions, please do not use the Site. PB&J Industries, Inc. reserves the right to make changes to the Site and these terms and conditions at any time.

Privacy

The use of the Site is subject to PB&J Industries, Inc.’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that PB&J Industries, Inc. is not responsible for third party access to your account that results from theft or misappropriation of your account. PB&J Industries, Inc. and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

PB&J Industries, Inc. does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under the age of 18, you may use the Site only with permission of a parent or guardian.

Third Party Sites and Services

The Site may contain links to other websites (Linked Sites). The Linked Sites are not under the control of PB&J Industries, Inc. and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. PB&J Industries, Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PB&J Industries, Inc. of the site or any association with its operators.

Certain services or products made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that PB&J Industries, Inc. may share such information and data with any third party with whom PB&J Industries, Inc. has a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.

No Unlawful or Prohibited Use

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to PB&J Industries, Inc. that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Intellectual Property

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of PB&J Industries, Inc. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. PB&J Industries, Inc. content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of PB&J Industries, Inc., and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of PB&J Industries, Inc., or our licensors except as expressly authorized by these Terms.

Typographical Errors

If a product is listed at an incorrect price or with incorrect information due to typographical error or incorrect information received from our suppliers, PB&J Industries, Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrectly. PB&J Industries, Inc. has 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, we will issue a credit to your credit card account in the amount of the charge.

Order Acceptance Policy

Your receipt of an electronic order confirmation does not signify our acceptance of your order. PB&J Industries, Inc. reserves the right at any time after receipt of your order to accept or decline your order for any reason. If insufficient quantities of any item are not available to fill your order, PB&J Industries, Inc. will notify you that this is the case and offer you the option of cancelling. Due to online fraud, we may require additional verification or information before accepting an order.

International Users

The Site is controlled, operated, and administered by PB&J Industries, Inc. from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the PB&J Industries, Inc. content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Service and Support

PB&J Industries, Inc. will provide technical support for all products manufactured by PB&J Industries, Inc. All requests for technical support of items not manufactured by PB&J Industries, Inc. should be made directly to the manufacturer in accordance with their terms and conditions.

Jurisdiction and Venue

You agree that any legal action brought against PB&J Industries, Inc. shall be governed by the laws of the State of North Carolina without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the Site shall be an appropriate federal or state court located in Wake County, North Carolina.

Indemnification

You agree to indemnify, defend and hold harmless PB&J Industries, Inc., its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. PB&J Industries, Inc. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with PB&J Industries, Inc. in asserting any available defenses.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PB&J Industries, Inc. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

PB&J Industries, Inc. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. PB&J Industries, Inc. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PB&J Industries, Inc. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PB&J Industries, Inc. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Contact Information

If you have questions and/or require additional information, please contact us info@pbandjindustries.com or 919-661-2738.