Terms and Conditions of Use and Purchase
Grant of Limited License
Restricted Access Areas
Panther East may employ a number of precautions to help keep your log-in credentials secure, including without limitation, a password, security questions, and a security image/caption. However, you should keep your log-in credentials secure at all times and are ultimately responsible for their security. Please remember to log out of your secure sessions on this Website and close your Internet browser following the session. If at any time you believe your log-in credentials have been compromised and you wish to change your account registration information, you will be provided with an opportunity to do so on this Website. In the event that you suspect any unauthorized activity has occurred in connection with your account, please contact Panther East immediately. Panther East will never request information regarding your log-in credentials in an unsolicited telephone call or e-mail.
Panther East may terminate and/or suspend your right to access this Website at any time, with or without cause, in its absolute discretion and without notice.
This Website is protected by copyright pursuant to U.S. copyright laws, international treaties and other copyright laws. This Website contains copyrighted material, trademarks and other proprietary information of Panther East and others (collectively, "Proprietary Material"), which may include, without limitation: text, software, photos, video, graphics, images, music and sound. You may not to modify, publish, copy, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material without prior written authorization from Panther East.
Pricing, Method of Payment
Panther East accepts Visa, MasterCard, eCheck and Panther East credit lines for purchases made on this Website Any purchases made using a Panther East credit line shall be fully subject to the terms and conditions of your credit line agreement with Panther East. [NOTE: ANY SUCH CREDIT AGREEMENT SHOULD INCLUDE ALL OF THE PROVISIONS OF THE TERMS AND CONDITIONS THAT ARE CURRENTLY ON THE BACK OF PANTHER EAST'S FORM OF PURCHASE ORDER SO THAT THEY WILL BE SUBJECT TO PROVISIONS GIVING PANTHER EAST A SECURITY INTEREST IN THE PURCHASED PRODUCTS UNTIL FULL PAYMENT FOR THE PRODUCTS HAS BEEN MADE AND PROVISIONS REGARDING DEFAULT IN PAYMENT.] Prices for Products do not include shipping charges, or any taxes or other governmental charges that Panther East may be required by law to pay or collect. Unless you are exempt by law or pursuant to Panther East's polices, you are responsible for the payment of all such sums and such sums may be added to your invoice.
Risk of Loss
If a common carrier is used to deliver the Products, title to and risk of loss of the Products shall pass to you upon delivery of the Products to the common carrier and all claims for damage due to shipment or handling shall be made to the common carrier. If Panther East delivers the Products instead of a common carrier, title to and risk of loss of the Products shall pass to you upon deliver of the Products to you.
Claims for Variances, Shortages or Damage
No claim for variances, shortages and/or damages in orders of Products will be considered by Panther East unless recorded at the time of delivery.
All returns or exchanges must be processed by you within 30 days of shipment by Panther East. Prior authorization must be obtained before any merchandise is returned for credit, refund or replacement, which shall be given at the sole discretion of Panther East. Unauthorized returns will not be accepted. You are responsible for all return shipping charges unless the Product is defective or Panther East made an error. Returns and cancellations may be subject to a restocking charge at the discretion of Panther East, not to exceed 15% of the purchase price.
Limited Web Site Warranty
THIS WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY OR CONTENT OF ANY INFORMATION OR MATERIAL PROVIDED BY OR THROUGH THIS WEBSITE, AND THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CURRENCY, CORRECTNESS OR VALIDITY OF ANY INFORMATION OR MATERIAL PROVIDED BY OR THROUGH THE WEB SITE RESTS WITH YOU. PANTHER EAST DOES NOT WARRANT THAT THE FUNCTIONS OF THIS WEBSITE WILL MEET ANY OR ALL OF YOUR REQUIREMENTS OR THAT THE OPERATION OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE.
Limited Product Warranty
All Products available through this Website carry only the original manufacturer's warranty, if any. PANTHER EAST HEREBY EXPRESSLY DISCLAIMS ALL PRODUCT WARRANTIES, WRITTEN, ORAL OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY PANTHER EAST IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Limitations on Liability and Remedies
PANTHER EAST IS NOT AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM (A) THE USE OF OR THE INABILITY TO USE THIS WEBSITE AND/OR (B) YOUR USE OR MISUSE OF ANY PRODUCT ORDERED THROUGH THIS WEBSITE. THIS DISCLAIMER OF LIABILITY INCLUDES, WITHOUT LIMITATION, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATIONS LINES FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORDS, PROGRAMS OR FILES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN NO EVENT SHALL PANTHER EAST BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF THE USE OR PERFORMANCE OF THIS WEBSITE AND/OR ANY PRODUCT PURCHASED THROUGH THIS WEBSITE, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PANTHER EAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT PANTHER EAST IS FOUND LIABLE TO YOU IN CONNECTION WITH ANY PRODUCT YOU ORDERED THROUGH THIS WEBSITE, IN NO EVENT SHALL PANTHER EAST'S TOTAL LIABILITY TO YOU FOR ANY CAUSE OF ACTION RELATED THERETO EXCEED THE PURCHASE PRICE OF THE APPLICABLE PRODUCT YOU ORDERED THROUGH THIS WEBSITE.
Links to Third-Party Websites and Non-Endorsement
This Website may contain links to third-party Internet sites. Panther East makes no endorsements, representations or warranties, and assumes no responsibility as to the information or material appearing on third-party websites to which Panther East provides links. Panther East cannot be responsible for privacy policies used by third-party websites or the accuracy of such other websites.