Pantero, Inc. E-Commerce Terms of Use (“ Terms of Use”)


1.    About These Term

Greetings! The Pantero, Inc. (“Pantero”, “Company”, “we”, “us” or “our”) website connects customers with premium packaging materials, janitorial supplies and safety equipment. These terms (“Terms of Use”) govern the purchase and sale of merchandise, products and services through https://www.Pantero.com (the “Site”) and your access to and use of our websites, content, functionality, software, and applications offered by Pantero (collectively, the “Services”). 

2.    Website Access
 
By registering with, or accessing the Site, or by placing an order for products from this Site, you are entering into a binding agreement with us and agree to be bound by these Terms of Use and agree to our Privacy Policy [www.pantero.com/privacypolicy].  If you do not agree to these Terms of Use or the Privacy Policy, do not access or use the Services or any other Pantero software applications. These terms apply whether you are using the Services as an individual or on behalf of a business entity or as a site visitor or registered user.

BY ACCEPTING THESE TERMS OF USE, YOU AGREE TO RESOLVE ANY DISPUTE WITH US BY ARBITRATION.

3.    Qualifications to use the Services

The products and services provided by us are only available to users who reside in the United States or any of its territories. By using the Services, you represent and warrant that (a) you agree to these Terms of Use and the Privacy Policy, (b) you are at least eighteen (18) years old or of legal age to form a binding contract with Pantero and meet all of the eligibility requirements, (c) you are not prohibited from accessing or using this Site or any of its contents or goods by applicable law, and (d) if you are signing up on behalf of a business entity, you are authorized to accept the terms of these Terms of Use on behalf of your business. If you do not meet all of these requirements, you must not order or obtain products from this Site or access nor use the Services.

4.    Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion, without prior written notice. All changes are effective immediately after we post notice of the changes. The latest version of these Terms of Use will be posted on this Site, and you should review these Terms of Use before accessing the Site or purchasing any products that are available through this Site. Your continued use of this Site after a posted change in these Terms of Use will constitute your acceptance of and agreement to such changes.

5.    Accessing the Services and Account Security

A.    We reserve the right to change or discontinue any or all aspects of the products or Services without notice and without liability to you. We will not be liable if for any reason all or any part of the products or Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Service, to users, including registered users. You are responsible for ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.
 
B.    To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information, including relevant payment information. It is a condition of your use of the Services that all the information you provide are correct, current and complete. You agree to keep this information up-to-date. We are not responsible for any missed payments or any lost communications if you do not keep your contact information up to date. You agree that all information you provide to us through the Site is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
 
C.    You must treat as confidential your user name, password or any other piece of information you use as part of our security procedures, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Services using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You agree to accept responsibility for all activities that occur under your username or password.
 
D.    We have the right to disable any username, password or other identifier, refuse service to you, or cancel orders, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

5.    Merchandise, and Products; Reliance on Information Posted

A.    The information presented on or through the Services is made available solely for general information purposes. Nothing on the website constitutes a binding offer to sell, rent, auction, distribute or give away merchandise, products and/or services.  We do not warrant the accuracy, completeness or usefulness of this information. The inclusion of any products or services on this website does not imply or warrant that these products or services will be available. We do not warrant that any product or service description is up to date, that any product or service (including color and size) are available, or that any pricing is up to date. Any reliance you place on such information is strictly at your own risk. Images available on or through the website of merchandise or products may not accurately capture the actual appearance, color, look and feel, specifications, features, or functionality of such merchandise or products. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

B.    It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. Any prices displayed on the website are quoted in U.S. dollars and are intended to be valid and effective only in the United States. By placing an order, you represent that the products ordered will be used only in a lawful manner. Pantero reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service, (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion, (iii) bar any user from making or completing any or all transaction(s), and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through this website, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your order.


5.    Order Acceptance. 

You agree that your order is an offer to buy, under these Terms of Use, all products listed in your order. Our acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Pantero and you will not take place unless and until you have received your order confirmation e-mail. 

6.    Prices and Payment Terms.

A.    All prices posted on this Site are subject to change. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical, product availability or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors and we will notify you of such cancellation via email.

B.    If you wish to purchase any product or service made available through this website, you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, the security code on your credit card (CCV number), your billing address, and your shipping information. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept MasterCard, Visa, Discover, American Express, and PayPal for all purchases. You represent and warrant that: (i) the credit card information or other payment method(s) you supply to us are true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. 

By submitting such payment information, you grant to us the right to provide such information to third parties (“Payment Processing Services”) for purposes of verifying payment information and facilitating the completion of orders initiated by you or on your behalf. You acknowledge that the Payment Processing Services will have its own terms and conditions and privacy policies which you are encouraged to review in full. Pantero is not a party to the Payment Processing Services’ terms and conditions and as such, it has no obligations or liability to you under such terms and conditions.

 7.    Shipments; Delivery; Title and Risk of Loss.

A.    We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. All orders placed Monday – Friday are processed and shipped within 24-72 hours.  If the order is placed after 5 PM EST, it will be processed the following business day. Once your order has been processed, you will receive an e-mail confirmation including the tracking number for your order. Orders drop shipped from manufacturer warehouses will not receive a tracking number. Shipping and handling charges and delivery times will depend on the products and destination of your order. You agree to pay all shipping and handling charges specified during the ordering process.

B.    Title to and risk of loss for products purchased on this Site will pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

8.    Satisfaction Guarantee/Return Policy.

If, for any reason, you are not completely satisfied with your purchase, you may return the unused products, in their original condition, within 15 days from the date of order by following the return instructions below.  Custom products, or products marked as “final sale” or “non-returnable” may not be returned. A 0% restocking fee will be charged on all returned items. Please note that your return shipping costs and the original shipping and handling costs are non-refundable. For your protection, be sure to ship the package with a carrier that can provide tracking and insurance. We will not issue a refund for any items lost in transit. 

All refunds will be credited in US funds in the payment form used for the original purchase less original freight, handling charges, and the restocking fee.

Return Instructions:
1.    Call 1.833.PANTERO or download, print and return the [Return Authorization Form].
2.    A representative will provide you with a return authorization number. 
3.    Ship the unused products to: 164 Indusco Ct, Troy, MI 48083
4.    Once we receive the returned products, you will be notified by email and issued a refund within 30 business days.

Should you have any questions about Returns, email us at customerservice@pantero.com, or call us at 1.833.PANTERO, Monday- Friday, 7am-5pm, Eastern Time.


9.    Product Warranties

PANTERO IS NOT A MANUFACTURER OF PRODUCTS, AND THEREFORE WE DO NOT PROVIDE PRODUCT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.  PRODUCTS PURCHASED ARE SUBJECT TO THE MANUFACTURERS’ WARRANTIES ONLY, THE TERMS OF WHICH ARE AVAILABLE UPON REQUEST FROM MANUFACTURER.  WITHOUT LIMITING THE PRECEDING, PANTERO EXPRESSLY DISCLAIMS ANY AND ALL PRODUCT WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR INTENDED USE, AND OF NON-INFRINGEMENT.  PRODUCT MANUFACTURERS MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS, AND/OR RULES IN CONNECTION WITH THE PURCHASE OF THEIR PRODUCTS.

10.    Intellectual Property Rights

A.     You acknowledge that the Site, Services and their entire content, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) and all related intellectual property, are owned by Pantero, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. 
 
B.    You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or Services made available through this Site, or of any intellectual property rights relating to those products of Services. These Terms of Use permit you to use the Services for your own use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services, except as follows:
 
●    Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
●    You may store files that are automatically cached by your Web browser for display enhancement purposes.
●    If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
 
You agree to not:
 
●    Use any illustrations, photographs, or any graphics separately from the accompanying text.
●    Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
 
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Pantero. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
 
10.    Trademarks

The Pantero name, the terms “GO WILD”, “Get Ready to Go Wild” and all related names, logos, product and service names, designs and slogans are trademarks of Pantero or its affiliates or licensors. You must not use such marks without the prior written permission of Pantero. All other names, logos, product and service names, designs and slogans on the products or Services offered through the Site are the trademarks of their respective owners. 
 
11.    Prohibited Uses


A.    You may purchase our products and use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services or expose them to liability or to violate the rights of any third party, including any third party’s intellectual property rights, privacy rights or rights to publicity.
 
12.    Force Majeure. 

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Use, for any failure or delay in our performance under these Terms of Use when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

13.    Copyright Infringement

Owners of copyrighted works who believe that their rights under copyright law have been infringed may send a notice of copyright infringement to customerservice@pantero.com with a description of the copyrighted work, the location of the infringement, and your contact information. 

14.    Changes to the Services

We may update the content on the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
 
15.    Information About You and Your Visits to the Services

All information we collect on the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
 
16.    Linking to the Services and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express, written consent. We may disable all or any social media features and any links at any time without notice in our discretion and you agree to cooperate with us in unlinking any unauthorized framing or linking.
 
17.    Links from the Services

If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
 
18.    Goods Not for Resale or Export; Geographical Restrictions

The owner of the Services is based in the state of Michigan in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products from the Site for your own personal use only, and not for resale or export.
 
19.    Disclaimer of Warranties

A.    You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL INCLUDING YOUR SHIPPED PURCHASES DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
 
B.    YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
 
C.    THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
 
D.    THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
 
20.    Limitation on Liability

A.    IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
 
B.    THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
 
21.    Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (the “Indemnified Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services other than as expressly authorized in these Terms of Use. 
 
22.    Termination

You may terminate these Terms of Use and your use of the Services at any time by discontinuing your use of the Services. We may terminate these Terms of Use and your access to the Services at any time and without liability to you, for any or no reason, including without limitation, any violation of these Terms of Use. We may terminate your account if your account has been inactive for more than ninety (90) days. We are not obligated or liable to you to for retaining any data or content after termination of your account or these Terms of Use.
 
23.    Arbitration
 
BY USING THE SERVICES, YOU ARE AGREEING TO BE SUBJECT TO BINDING ARBITRATION AS SET FORTH IN THIS SECTION. The Federal Arbitration Act applies to these Terms of Use and your use of the Services. By agreeing to arbitrate, you are giving up the right to litigate (or participate in as a party or class member) any and all disputes (each, a “Dispute”)(except small claims) in court before a judge or jury. Instead, a neutral arbitrator will resolve all disputes. To read more about arbitration, visit www.adr.org.
 
The American Arbitration Association (the “AAA”) will conduct any arbitration under its Commercial Arbitration Rules. If you are an individual and use the services for personal or household use, the AAA’s Consumer Arbitration Rules will apply. The laws of the State of Michigan, USA will govern the terms of this Agreement.
 
You may also litigate any dispute in small claims court in your county of residence or Oakland County, Michigan, USA, if the Dispute meets all requirements to be heard in the small claims court. However, if you initiate a small claims case, you are responsible for all court costs and you are not entitled to the incentives we offer to you above for arbitration.
 
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims.
 
If a court finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.

 24.    Governing Law
 
You agree that the laws of the State of Michigan govern this contract and any claim or Dispute that you may have against us, without giving effect to any choice or conflict of law provision or rule (whether of the State of Michigan or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Michigan. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
 
Unless you and Pantero mutually agree otherwise, in the event the agreement to arbitration above is found not to apply to you or to a particular claim or Dispute as a result of a decision by the arbitrator or a court order, you agree that any Disputes or claims that you may have against us reside in and will be resolved exclusively by a state or federal court located in Oakland County, Michigan and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF SERVICE, YOU ARE:  (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF MICHIGAN OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF MICHIGAN FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
 
25.    Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
 
26.    Waiver and Severability

A.    No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
 
B.    If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
 
27.    Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Pantero with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.
 
28.    Assignment
 
You may not assign your rights and obligations to any third party under these Terms of Service. We may assign these Terms of Use at any time. These terms remain binding on any heir, assignee or successor in interest.
 
29.    Your Comments and Concerns

This website is operated by Pantero, Inc. All notices of copyright infringement claims should be sent to customerservice@pantero.com. All other feedback, comments, requests for technical support and other communications relating to the Products and Services should be directed to us as follows: (i) by email at customerservice@pantero.com; or personal delivery, overnight courier or registered or certified mail to 164 Indusco Ct, Troy, MI. Notices provided by electronic transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.


Pantero’s PouncePoints Customer Loyalty Program Terms and Conditions

 
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. BY ACCESSING OR PARTICIPATING IN THE PANTERO POUNCE POINTS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED BY REFERENCE AS DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR PARTICIPATE IN THE PANTERO POUNCE POINTS PROGRAM.
 
These Pantero PouncePoints Program Terms and Conditions (“Rewards Terms”) apply to your access to and participation in the Pantero PouncePoints Program (“PouncePoints Program”), which is operated by Pantero, Inc. or its affiliates (collectively, “Pantero", “our, “us” or “we”). These Rewards Terms do not alter in any way the terms or conditions of any other agreement you may have with Pantero for other products and services. Please note that your access to and participation in the PouncePoints Program is also governed by the terms, conditions, limitations and requirements linked in these Rewards Terms, all of which (as may be changed over time) are incorporated into these Rewards Terms. In addition, these Rewards Terms complement and incorporate by reference the Pantero Terms of Use. In the event of any conflict between the Pantero Terms of Use and these Rewards Terms, the Pantero Terms of Use will control.
 
Pantero reserves the right to change, modify and/or eliminate the PouncePoints Program and/or all or any portion of these Rewards Terms or any policy pertaining to the PouncePoints Program at any time and in our sole discretion, including the right to: (i) discontinue, change the benefits, or change the expiration date of PouncePoints (defined below) or Discount Codes (defined below) received under the PouncePoints Program, (ii) change or discontinue the Wild Gifts made available, (iii) merge the PouncePoints Program with another rewards program, or (iv) adjust how PouncePoints are earned, calculated or redeemed. It is possible that you may be unable to receive enough PouncePoints to redeem a Discount Code or Wild Gift due to the changes in the Rewards Program and such changes may affect the redemption value of points already accumulated or the availability of redeemable products. If we make changes, we will post the amended Rewards Terms to http://www.Pantero.com and update the “Effective Date” above. Unless otherwise noted, the amended Rewards Terms will be effective immediately and your continued participation in the PouncePoints Program after the amended terms are posted will confirm your acceptance of the changes. You agree to review these terms periodically and to be bound by any modifications thereof. If you do not agree to the amended Rewards Terms, you must stop participating in the PouncePoints Program.
 
1. PouncePoints Program Eligibility 
You must be a United States resident (including residents of U.S. Territories) who is at least 18 years of age to participate in the PouncePoints Program. State, Municipal, Federal Government accounts, resellers and current Pantero employees and contractors, are not eligible to participate in the PouncePoints Program. You are limited to one Rewards Program Account (as defined below) per household/business, and it is not transferrable or assignable and is not for resale or auction.
 
2.Privacy 
Pantero may collect identifying information from you in connection with the PouncePoints Program. Please review our Privacy Policy, which also governs your visit to the Pantero.com website, to understand how we collect, use and maintain our data.
 
3. PouncePoints Program Description 
The PouncePoints Program is a free customer loyalty program that allows participants to earn “PouncePoints” with qualifying purchases on Pantero.com. Participants may also earn PouncePoints by participating in Promotional Activities (defined in Section 5) that may be offered through the PouncePoints Program from time to time. Participants in the PouncePoints Program may redeem accumulated PouncePoints for (i) “Discount Codes” that can be used to discount eligible products purchased on Pantero.com, or (ii) complementary promotional items in the form of “Wild Gifts”. You may also use the PouncePoints for other purposes as may be provided by Pantero from time to time. These Rewards Terms provide a general overview of the PouncePoints Program. For more information about earning, calculating or redeeming PouncePoints and other details, please visit our PouncePoints Program page.
 
4. Joining the PouncePoints Program 
There are no membership fees associated with the PouncePoints Program. You will be automatically enrolled in the PouncePoints Program by accessing Pantero.com and creating a new online account or by logging in to your existing Pantero account (“Pantero Account”). You must agree to these Rewards Terms in order to complete your enrollment and participate in the PouncePoints Program, including redeeming PouncePoints or receiving any other PouncePoints Program benefits. For more information about enrolling in the PouncePoints Program, please visit our PouncePoints Program page.
 
Once you are enrolled in the PouncePoints Program and have accepted the Rewards Terms, you can view and manage your PouncePoints Program account (“Rewards Program Account”) by logging into your Pantero Account. You are fully responsible for all activities that occur under your Pantero Account, including the use or misuse of your Pantero Account by any other person.
 
5. Earning PouncePoints 
The benefits that are available to you through the PouncePoints Program are based on the number of PouncePoints that you earn by making qualifying purchases on Pantero.com or otherwise participating in Pantero Rewards Program Promotional Activities.
 
Purchases. In order to receive PouncePoints for a purchase, your order must be placed in the Pantero Account that is associated with your Rewards Program Account. You will earn PouncePoints based on the total amount paid for your purchase, excluding (i) any tax and shipping cost and (ii) any part of the purchase made with Discount Codes, PouncePoint Promo Codes, other discount codes or gift cards. PouncePoints will be credited to your Rewards Program Account following the receipt of your payment of any applicable invoice. For more details about how to earn PouncePoints by making qualifying purchases, please visit our PouncePoints Program page. Purchases made from other websites owned or operated by Pantero, Inc. or its affiliates are not eligible for PouncePoints or other benefits unless otherwise indicated.
 
Promotional Activities and Events. From time to time, we, or others acting with our permission, may offer you opportunities to earn bonus PouncePoints by inviting you to engage with Pantero in special promotional events or activities in exchange for PouncePoints (“Promotional Activities”).
 
An example of Promotional Activities that we may offer you under the PouncePoints Program would be the Pantero Wild Card. You may earn “Wild Cards” for making qualified purchases or completing our surveys. These Wild Cards  may be exchanged for PouncePoints or Wild Gifts.
 
For further details on Promotional Activities that may be in effect from time to time, please visit our PouncePoints Program page. PouncePoints for participation in Promotional Activities will be awarded as described in the applicable promotional offer and will be subject to any additional terms set forth in the promotional offer. Some Promotional Activities may limit the amount of PouncePoints earned per Promotional Activity. The number of PouncePoints that you can earn each calendar year by participating in Promotional Activities may be capped. PouncePoints for eligible participation in Promotional Activities may take seven or more days to be added to your Rewards Program Account.
 
6. Redemption of PouncePoints 
Discount Codes. You can select to redeem PouncePoints posted to your Rewards Program Account for Discount Codes, which can be applied toward future Pantero.com purchases. Discount Codes may be generated when a minimum of 1000 PouncePoints are earned. Discount Codes are only issued in 1% increments with a maximum amount per Discount Code of 10%. You may redeem up to 10,000 PouncePoints per month. You can redeem your PouncePoints for Discount Codes by logging into your Pantero Account or by contacting the Pantero Customer Rewards Team via email. We will use commercially reasonable efforts to send your Discount Codes within 3 business days of your request. For more details on redeeming PouncePoints for Discount Codes (including the redemption rate), please visit our PouncePoints Program page.
 
PouncePoints accumulated under the PouncePoints Program and Discount Codes issued when PouncePoints are redeemed, are promotional in nature and have no cash value. Discount Codes may be applied to future product purchases only and cannot be applied to previous purchases. [Discount Codes may not be applied to the following products: PanteroOne Subscription]
 
Your PouncePoints, Discount Codes and your Rewards Program Account are personal to you and may not be sold, transferred (by operation of law or otherwise) or assigned to or shared with, family, friends or others. You are responsible for any federal, state or local taxes applicable to your participation in the PouncePoints Program.
 
Wild Gifts. You can select to redeem PouncePoints posted to your Rewards Program Account for Wild Gifts which will be made available from time to time. Pantero does not offer exchanges, replacements or refunds for Wild Gifts once they have been processed. All Wild Gift selections are final.
 
7. Expiration of PouncePoints, Discount Codes and Wild Card Promo Codes 
PouncePoints. At times during the reward year, at our discretion and without notice to you, we may automatically convert all unredeemed PouncePoints in your Rewards Program Account into Discount Codes. If for any reason Pantero does not automatically convert unredeemed PouncePoints, the PouncePoints will expire one (1) year from the date they are earned. Automatically converted PouncePoints and any expired PouncePoints are deducted from the PouncePoints balance in your Rewards Program Account.
 
Discount Codes. Discount Codes expire ninety (90) days from the date they are sent to you, unless otherwise noted. Discount Codes are subject to the additional terms and restrictions contained on the Discount Code. Discount Codes may not be combined with any other offer, promotions or discount, unless otherwise indicated. No extensions will be allowed for expired Discount Codes.
 
Wild Card Promo Codes. Promo Codes expire as of the date noted on the face of the Wild Card and are subject to the additional terms and restrictions contained on the Wild Card.
 
8. Impact of Products Returns on Your PouncePoints, Discount Codes and Wild Gifts 
If you return products that you purchased with your Discount Codes in accordance with the Pantero.com Return Policy, you will be refunded the amount you paid (excluding the value of the Discount Codes and any other discounts) to the original method of payment. For example, if you placed an order totaling $100 for one item and used a 10% Discount Code, we will refund $90 to your original method of payment. If you purchased multiple items using a single Discount Code, then the value of your Discount Code is applied proportionally to each item, and returns of any one item will result in a refund of the amount you paid for the item, excluding the value of the proportionally applied value of the Discount Code. You will not receive a replacement Discount Code for returned products and Pantero will not credit the redeemed PouncePoints back to your Rewards Program Account.
 
If you void a purchase or return your purchase, Pantero will deduct the PouncePoints that you were awarded for that purchase from your Rewards Program Account. If you have already redeemed those PouncePoints for Discount Codes or Wild Gifts, this could potentially result in a negative PouncePoints balance in your Rewards Program Account.
 
 
9. Miscellaneous 
Reward Program Account Adjustments. Pantero may deduct from your Rewards Program Account any PouncePoints credited in error. It is your responsibility to ensure that your PouncePoints have been property credited or deducted and to ensure that your Rewards Program Account balance is accurate. If you believe your PouncePoints have been incorrectly applied to your account, you must contact us within ninety (90) days of the transaction. Pantero may make adjustments to your Reward Program Account at its discretion. Should you disagree with any adjustments made to your account, your sole remedy is to withdraw from the PouncePoints Program.
 
Terminating Your Rewards Program Account. Without notice to you, Pantero reserves the right to suspend or terminate your Rewards Program Account and/or your participation in the PouncePoints Program (in whole or in part), if Pantero determines in its sole discretion that you have violated these Rewards Terms, you have more than one Rewards Program Account, or that the use of your Rewards Program Account or your participation in the PouncePoints Program is unauthorized, abusive, deceptive, fraudulent or otherwise unlawful. Pantero may, in its sole discretion, suspend, cancel or combine Rewards Program Accounts that appear to be duplicative. In the event that your participation in the PouncePoints Program is terminated, any accumulated PouncePoints will be forfeited and unredeemable.
 
Account Inactivity. Without notice to you, Pantero also reserves the right to “unregister" a Rewards Program Account that is inactive and cause that Rewards Program Account to be ineligible for the PouncePoints Program. An inactive Rewards Program Account is defined as a Rewards Program Account that has not earned PouncePoints for one year. In the event that your Rewards Program Account is unregistered due to inactivity, you will no longer be eligible for PouncePoints Program benefits, including accumulating PouncePoints or converting your PouncePoints into Discount Codes or Wild Gifts. You may reactivate your Rewards Program Account by logging into your Pantero Account or making a purchase using your Pantero Account that is associated with your Rewards Program Account, but any PouncePoints earned prior to the reactivation of the Rewards Program Account will be forfeited and unredeemable.
 
Termination of PouncePoints Program. Pantero may decide to terminate the PouncePoints Program at any time and for any reason. In the event of a termination, you will be notified via email and/or on our website. From the date of such notice until the termination of the PouncePoints Program, you may redeem but not accrue PouncePoints.
 
No Warranty. Pantero makes no warranty of any kind regarding the PouncePoints Program, which is provided on an “AS IS” and “AS AVAILABLE” basis. Pantero expressly disclaims any representations or warranty that the PouncePoints Program will be error-free. Pantero further disclaims any warranty as to the accuracy, completeness and timeliness of any content or information distributed with respect to the PouncePoints Program. In addition, Pantero makes no representation, guarantees or warranties as to the appearance, safety or performance of any Wild Gift or promotional item. You agree to bear all risk of loss or damage to an item/prize once shipment has been initiated.
 
If you have any questions or if you are dissatisfied with the PouncePoints Program in any way, please contact our Pantero Customer Rewards Team via email.

Updated: February 2019