Terms of service

LICENSE AND SITE ACCESS

OVERVIEW

This website is operated by Pantera. Throughout the site, the terms “we”, “us” and “our” refer to Pantera Activewear. Pantera offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our website and/or making a purchase, you are engaging in our "Service" and agreeing to be bound by the following terms and conditions ("Terms of Service" or "Terms"), which include additional terms, conditions, and policies referenced herein and/or accessible via hyperlink. These Terms of Service apply to all users of the site, including browsers, vendors, customers, merchants, and content contributors.

Before accessing or using our website, please carefully read these Terms of Service. By accessing or using any part of the site, you are acknowledging your agreement to be bound by these Terms of Service. If you do not agree with all the terms and conditions outlined in this agreement, you may not access the website or use any of its services. Please note that acceptance of these Terms of Service is limited to the provisions stated herein, and if these Terms of Service are considered an offer, acceptance is expressly restricted to these Terms of Service.

Any new features or tools added to the current store will also be subject to the Terms of Service. You can review the most up-to-date version of the Terms of Service at any time on this page. We reserve the right to update, modify, or replace any portion of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to periodically check this page for any modifications. By continuing to use or access the website following the posting of any changes, you are indicating your acceptance of those changes.

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that enables us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By accepting these Terms of Service, you confirm that you have reached the age of majority in your state or province of residence, or that you have attained the age of majority in your state or province of residence and have provided consent for any of your minor dependents to use this site.

It is strictly prohibited to use our products for any illegal or unauthorized purposes. Furthermore, in utilizing the Service, you must comply with all applicable laws in your jurisdiction, including copyright laws. You are forbidden from transmitting any worms, viruses, or any other form of destructive code. 

Failure to comply with or violate any of these Terms will result in the immediate termination of your access to our Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You acknowledge that your content (excluding credit card information) may be transferred unencrypted and undergo (a) transmission across various networks and (b) modifications to conform and adapt to the technical requirements of connecting networks or devices. However, please note that credit card information is always encrypted during its transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, the use of the Service, or access to the Service, including any contact made on the website through which the service is provided, without obtaining our express written permission.

The headings used in this agreement are included for convenience purposes only and will not limit or otherwise impact these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We cannot be held responsible if the information provided on this site is not accurate, complete, or up-to-date. The content on this site is intended for general information purposes only and should not be solely relied upon for making decisions without consulting more reliable, accurate, complete, or timely sources of information. Any reliance on the material presented on this site is done at your own risk.

Please note that this site may include certain historical information, which is not current and is provided for reference purposes only. We reserve the right to modify the content of this site at any time, without any obligation to update the information. It is your responsibility to regularly monitor any changes made to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We have the right to modify or terminate the Service (or any portion or content of it) at any time without prior notice.

We will not be held liable to you or any third party for any changes in features, pricing, temporary suspension, or permanent discontinuation of the Service.

SECTION 5 - PRODUCTS OR SERVICES (IF APPLICABLE)

Certain products or services may only be available for purchase online through our website. These items may have limited quantities and are subject to our Return Policy for any potential returns or exchanges.

We have made every effort to accurately display the colors and images of our products on the store. However, we cannot guarantee that the display on your computer monitor will be completely accurate in terms of color.

We reserve the right, but are not obligated, to limit the sales of our products or services to certain individuals, geographic regions, or jurisdictions. This may be done on a case-by-case basis and may include situations where there are concerns about abusive return practices. We also reserve the right to limit the quantities of any products or services we offer. Descriptions of products and pricing are subject to change at our sole discretion and without notice. We may discontinue any product at any time. Please note that any offers for products or services made on this site are void where prohibited.

We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations. Additionally, we cannot guarantee that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We have the right to reject any order you place with us. At our discretion, we may also restrict or cancel the quantities purchased per person, per household, or per order. These limitations may apply to orders made under the same customer account, using the same credit card, and/or with the same billing and/or shipping address. If we make changes to or cancel an order, we will make an effort to notify you by using the email address and/or billing address/phone number provided at the time of the order. We reserve the right to refuse or limit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

When making purchases at our store, you agree to provide accurate, complete, and up-to-date purchase and account information. It is your responsibility to promptly update your account and other details, including your email address, credit card numbers, and expiration dates, to ensure that we can successfully process your transactions and communicate with you as needed.

For more details, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may grant you access to third-party tools that we do not monitor or control. You acknowledge and agree that these tools are provided "as is" and "as available" without any warranties, representations, or conditions, and without our endorsement. We shall not be liable for any issues or damages arising from your use of optional third-party tools.

Your use of any optional tools provided through the site is entirely at your own risk and discretion. It is your responsibility to review and approve the terms and conditions set by the relevant third-party provider(s) for the use of these tools.

In the future, we may introduce new services and features through the website, including the release of new tools and resources. These new additions will also be subject to these Terms of Service.

If you choose to receive marketing text messages from us, either through our website or by providing your consent via text message, you are giving us your prior express written consent to receive recurring marketing or promotional SMS text messages from us. These messages may be sent using an automatic telephone dialing system and may include cart abandon messages. Message frequency may vary. This service is optional and not a requirement for making a purchase. You can opt out of receiving further text messages from us at any time by replying "STOP" to any text message received from us. For assistance, reply "HELP" to any text message or email support@panterabrand.com.

In addition to any notified fees, your mobile provider may charge you for our confirmation text message and all subsequent text message correspondence based on your individual rate plan. Please consult your mobile service carrier's pricing plan for details on browsing data charges and text message costs.

We and our affiliates are not liable for any SMS messaging or wireless charges incurred by you or any person with access to your wireless device or telephone number. If your carrier does not allow SMS messages, you may not receive text messages. We and the wireless carriers will not be held responsible for any delays or failures in the delivery of text messages, as delivery depends on the transmission capabilities of your network operator. Text message services are provided on an "AS IS" basis. The data we collect from you in connection with text message services, such as your cell phone number, provider's name, and message content, may be used in accordance with our Privacy Policy to contact you and provide requested services. For more information on how we use telephone numbers, please refer to our Privacy Policy. If you change or deactivate the phone number associated with your account, it is your responsibility to update your account information to prevent unintended communication to any new phone numbers linked to your account. Any new phone numbers added to your account may receive our standard marketing text messages unless you also unsubscribe using the above procedures.

SECTION 8 - THIRD-PARTY LINKS

Some of the content, products, and services available through our Service may include materials provided by third parties.

Links to third-party websites on this site may redirect you to websites that are not affiliated with us. We do not have control over the content or accuracy of these third-party materials or websites, and we do not endorse or assume any liability for them. We are not responsible for any other materials, products, or services provided by third parties.

Any harm or damages incurred from purchasing or using goods, services, resources, content, or engaging in transactions through third-party websites are not our responsibility. Before engaging in any transaction, please carefully review the policies and practices of the third party and ensure that you understand them. If you have any complaints, claims, concerns, or questions about third-party products, please contact the third party directly.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If we request specific submissions from you (such as contest entries) or if you voluntarily send us creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or through any other means (collectively, "comments"), you agree that we have the right, without any restrictions, to edit, copy, publish, distribute, translate, and use your comments in any medium. We are not obligated to (1) keep your comments confidential, (2) provide compensation for your comments, or (3) respond to any comments.

While we may choose to monitor, edit, or remove content at our discretion, we have no obligation to do so. We reserve the right to remove any content that we consider unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service.

By submitting comments, you confirm that they do not infringe upon the rights of any third party, including copyright, trademark, privacy, or any other personal or proprietary rights. You also agree that your comments will not contain defamatory, unlawful, abusive, or obscene material, or any computer viruses or malware that could harm the operation of the Service or any related website. You must not use a false email address, pretend to be someone else, or mislead us or third parties regarding the origin of your comments. You are solely responsible for the content and accuracy of your comments. We assume no responsibility or liability for any comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Click HERE to view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be errors, inaccuracies, or omissions in the information provided on our site or through the Service. These may include product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any such errors, inaccuracies, or omissions. Additionally, we may change or update information, or cancel orders if any information on the Service or any related website is found to be inaccurate, without prior notice (even after you have submitted your order).

We are not obligated to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law. The absence of a specified update or refresh date in the Service or on any related website should not be interpreted as an indication that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to the prohibitions outlined in the Terms of Service, the following uses of the site or its content are strictly prohibited: (a) engaging in any unlawful purpose; (b) soliciting others to participate in unlawful activities; (c) violating any applicable international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) infringing upon our intellectual property rights or the rights of others; (e) engaging in harassment, abuse, insults, harm, defamation, slander, disparagement, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submitting false or misleading information; (g) uploading or transmitting viruses or any other malicious code that may affect the functionality or operation of the Service, related websites, or the Internet; (h) collecting or tracking personal information of others; (i) engaging in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) using the Service for obscene or immoral purposes; or (k) interfering with or circumventing the security features of the Service, related websites, or the Internet. Violation of any of these prohibited uses may result in the termination of your use of the Service or any related website.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We cannot guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not guarantee that the results obtained from the use of the service will be accurate or reliable.

You acknowledge that we may, from time to time, remove the service for indefinite periods or cancel the service at any time without prior notice to you.

You expressly agree that your use of the service, or inability to use the service, is at your sole risk. The service and all products and services delivered to you through the service are provided "as is" and "as available" unless otherwise stated by us. We make no representations, warranties, or conditions of any kind, whether express or implied, including but not limited to merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no event shall Pantera, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages, including but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the service or any products procured through the service, or for any other claim related in any way to your use of the service or any product, including but not limited to any errors or omissions in the content or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available through the service, even if advised of their possibility. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed, our liability is limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold Pantera, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party arising from or related to your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall still be enforceable to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. The determination of such provision's unenforceability shall not affect the validity and enforceability of the remaining provisions.

SECTION 16 - TERMINATION

The rights and obligations of the parties prior to the termination date shall continue to exist even after the termination of this agreement for all purposes.

These Terms of Service will remain in effect until terminated by either you or us. You have the option to terminate these Terms of Service at any time by notifying us of your decision to discontinue using our Services or by ceasing to use our site.

If, in our sole discretion, we determine that you have failed to comply with any term or provision of these Terms of Service, or if we have reason to suspect such failure, we may terminate this agreement at any time without prior notice. In such cases, you will remain responsible for any outstanding amounts owed up to and including the date of termination. Furthermore, we may deny you access to our Services (or any part thereof) accordingly.

SECTION 17 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision stated in these Terms of Service does not waive that right or provision.

These Terms of Service, along with any policies or operating rules posted by us on this site or relating to the Service, constitute the complete agreement and understanding between you and us, governing your use of the Service. They replace any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any previous versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be used against the party responsible for drafting them.

SECTION 18 - GOVERNING LAW

The laws of the United States shall govern and interpret these Terms of Service, as well as any separate agreements through which we provide you with Services.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can always access the most up-to-date version of the Terms of Service on this page.

We retain the right, at our sole discretion, to update, modify, or replace any portion of these Terms of Service by posting updates and revisions on our website. It is your responsibility to periodically check our website for any changes. By continuing to use or access our website or the Service after any modifications to these Terms of Service are posted, you are indicating your acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

If you have any questions regarding the Terms of Service, please feel free to reach out to us at support@panterabrand.com.