Terms


Terms & Conditions

PNTHR.com (“PNTHR”) acknowledges this website (“Webstore”) operates under the conditions of the following statements in the terms of use (“Terms & Conditions”), provided by PNTHR, LLC. (“Company”) jurisdiction. By accessing the Webstore and/or visiting PNTHR, you accept full responsibility to be bound by the following Terms & Conditions. Furthermore, by using and/or visiting PNTHR you agree to the Privacy Policy and legal conditions set forth. Please review these Terms & Conditions carefully, as we reserve the rights to terminate your use of PNTHR and/or the Webstore, prevent you from future access of PNTHR and/or the Webstore, and/or take appropriate legal action against you and/or an entity you represent if these Terms & Conditions are violated by you and/or the entity you may represent. 

Privacy Policy

Sensitive and private data exchange between Company, PNTHR, the Webstore and any user accessing PNTHR and/or the Webstore (“User”) happens over an SSL secured communication channel and is encrypted and protected with digital signatures. Regarding how User personal information might be shared: We do not sell, trade, or rent personal identification information of any User to others. We may share generic aggregated demographic information not linked to any personal identification information regarding any User and/or visitors with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and PNTHR or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.

Third Parties

PNTHR may contain links to third-party websites that are not owned or controlled by Company. PNTHR and Company have no control over, and assumes no responsibility for, the content, privacy policies or practices of any third-party websites. By using PNTHR, you expressly release Company from any and all liability arising from your use of any third-party website.

In addition, PNTHR may contain third-party material, including, but not limited to, product reviews and customer comments. Each third party is solely responsible for the material that they post on PNTHR. Company and PNTHR take no responsibility, and assumes no liability, for any third-party material posted on PNTHR and/or the Webstore.

Colors

We have made every effort to display the colors of our products as accurately as possible on PNTHR and the Webstore. However, we cannot guarantee that your computer monitor's display of any color will be accurate.

Copyrights

Company may terminate the privileges of any User who visits or accesses PNTHR and/or the Webstore to unlawfully transmit copyrighted material without a license, express consent, valid defense and/or fair use exemption to do so. If you submit information to PNTHR, you warrant that the information does not infringe the copyrights or other rights of third parties.

Intellectual Property

Company does not give permission to any User of PNTHR and/or the Webstore to distribute, develop, and/or resale any products exclusively licensed and/or advertised on PNTHR. Company does not give any User the right to utilize the licensed intellectual property provided on PNTHR, and/or purchased through the Webstore.

Unless otherwise noted, PNTHR and all materials contained on PNTHR including product names, details, descriptions, photographs and illustrations ("Content") are the sole property of PNTHR and/or its licensors. Content is protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws and may not be reproduced, republished, transmitted, distributed or used on any other website without prior written consent of Company.

Although Company is not responsible for the content, quality or accuracy of data provided by any User, compilations of such data, text, information and other materials made available to any User through the PNTHR system. The on-line materials are PNTHR and Company intellectual property, and are protected by U.S. and international intellectual property laws. The on-line materials may not be copied or redistributed either in whole or in part without prior written consent of Company and/or PNTHR, except as expressly and specifically permitted under these Terms & Condtions.

Limitation of Liability

IN NO EVENT SHALL Company, ITS OFFICERS, DIRECTORS, DISTRIBUTORS, SUPPLIERS, PARENTS, OR AGENTS (COLLECTIVELY "Organization") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF ANY PNTHR PRODUCT, INCLUDING, WITHOUT LIMITATION, DEVICE DAMAGE, DATA LOSS, OR LOSS OF USE OF ANY PRODUCT, EVEN IF Organization HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), THE ENTIRE LIABILITY OF Organization SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Limited License

You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access PNTHR and the webstore pursuant to the requirements and restrictions of these Terms & Conditions. Company may change, suspend, or discontinue any aspect of PNTHR and/or the Webstore at any time. Company may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of PNTHR and/or the Webstore. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access PNTHR. Except as provided in the Terms & Conditions you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit Company, PNTHR, and/or the Webstore, or any of its contents (including software) in whole or in part.

Indemnity

You agree to indemnify and hold Company, PNTHR, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to your accessing PNTHR, including also your use of PNTHR to provide a link to another site or to upload content or other information to PNTHR, or your breach of the Terms & Conditions.

Permissions

You agree that you are only authorized to visit, view and to retain a copy of pages of PNTHR for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on PNTHR for any purpose other than for personal use, unless otherwise specifically authorized by PNTHR to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by Company to do so. The content and software on PNTHR is the property of Company and is protected by U.S. and international laws.

By visiting PNTHR, you represent, warrant and covenant that (a) you are at least 13 years old; (b) that you are a resident of the United States; and (c) that all materials of any kind submitted by you to Company through the PNTHR or for inclusion on the Webstore will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.

PNTHR may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain the prior written consent of Company to make commercial offers of any kind on PNTHR, whether by advertising, solicitations, links, or any other form of communication. Company will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from PNTHR and barring such violators from use of PNTHR and/or the Webstore.

Links & Search Results

PNTHR may automatically produce search results that reference and/or link to third party websites throughout the World Wide Web. Company and PNTHR have no control over these websites or the content within them. Company and PNTHR do not guarantee, represent or warrant that the content contained in these websites is accurate, legal and/or inoffensive. Company and PNTHR does not endorse the content of any third party website, nor does it make any representation or warranty about these websites, including that they will not contain viruses or otherwise impact your computer. By using PNTHR to search for or link to another site, you agree and understand that you may not make any claim against PNTHR for any damages and/or losses, whatsoever, resulting from your use of PNTHR to obtain search results or to link to another website. If you have a problem with a link from PNTHR, you may notify us at Contact@PNTHR.com.

Disclaimer

The Return policies apply to the direct end purchaser of the product. They do not apply to dealers, distributors or any third parties in a distribution chain who purchase product for resale, nor does it cover products purchased through online auction websites or unauthorized Company channels.

PNTHR and all materials on PNTHR are provided without warranted information of any kind, either expressed or implied. Company will strive to keep PNTHR and the Webstore information accurate and up to date, but makes no claims, promises or guarantees about the accuracy, reliability, completeness, or adequacy of the information provided. Company disclaims all liability for errors, inaccuracies or omissions that, from time to time, may be contained on PNTHR.

User Acknowledgements:

By providing materials to PNTHR, including by submitting or uploading content or materials for use on PNTHR and/or the Webstore, you represent and warrant that you or the owner of all rights to such content or materials has expressly granted PNTHR and Company an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. PNTHR may publish and distribute any such submitted content or materials at its sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against PNTHR and/or Company for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to PNTHR. Any communication or materials you send to PNTHR and/or Company will be treated as non-confidential and non-proprietary and may be disseminated or used by PNTHR and/or Company for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.

All on-line materials are and will remain the exclusive property of PNTHR. All rights, titles and interests in and to any on-line materials will be and remain vested solely in PNTHR. Under no circumstances will you have any right, directly or indirectly, to own, use, copy, loan, sell, rent, lease, license, sublicense, redistribute, assign or otherwise convey any on-line materials, or any rights thereto, except as expressly and specifically provided in the Terms & Conditions. Nothing in these Terms & Conditions will convey to you any right, title or interest, except that of a license with the express rights and subject to all limitations herein. Nothing in these Terms & Conditions grants you the right, directly or indirectly, to use any on-line materials to create a product for resale or to use on-line materials in any way that competes with PNTHR.

You acknowledge and agree that PNTHR will own all rights, titles and interests in and to any copy, translation, modification, adaptation, derivative work or improvement of any on-line materials made by or for you. At the request of Company and/or PNTHR, you must execute, or obtain the execution of, any instrument that may be necessary to assign these rights, titles or interests to Company and/or PNTHR or perfect these rights, titles or interests in the name of Company or PNTHR.

Purchases

All online purchases are also governed by the terms and conditions of Shopify.com. Please review the user agreement and privacy policy of Shopify.com before entering any transaction.

Cancellations

Company reserves the right to cancel or refuse to fulfill any order at anytime. If we cancel or refuse to fulfill an order, we will issue you a refund and attempt to contact you at the contact information provided to PNTHR at the time the order was placed.

Violations

You understand and agree that in sole discretion of Company, and without prior notice, Company may terminate your access to PNTHR and/or the Webstore, or exercise any other remedy available and remove any unauthorized user information, if Company believes that the information you provide has violated or is inconsistent with these Terms & Conditions, or violates the rights of PNTHR, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy Company for violations of these Terms & Conditions and you consent to injunctive or other equitable relief for such violations. PNTHR and/or Company may release user information about you if required by law or subpoena.

This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain the prior written consent or Company to make commercial offers of any kind on PNTHR, whether by advertising, solicitations, links, or any other form of communication. Company will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from PNTHR and barring such violators from use of PNTHR.

Governing Law

This agreement between you, PNTHR and Company shall be governed by the Laws of the State of Washington. Without regard to any conflict of legal provisions, this agreement is in accordance with the Laws of the State of Washington, and any disputes under this Agreement shall be resolved exclusively by the state and federal courts located within the County of Douglas, State of Washington.

Interpretations

These Terms & Conditions supersede all other written and oral communications or agreements with regard to the subject matters discussed in these Terms & Conditions. A waiver or modification of these Terms & Conditions will only be effective if made in writing signed by an authorized officer of Company and/or PNTHR.

Provisions

If any provision of these Terms & Conditions shall be deemed invalid, void or unenforceable for any reason, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions.

If any unlawful and/or unenforceable provision of these Terms & Conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Serverability

If any provision of the Terms & Conditions is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

Conditions

Company reserves all rights to change PNTHR and/or update the Webstore or these Terms & Conditions at any time without notice. Any modifications to the Terms & Conditions will be effective immediately, and Company will retain jurisdiction of any or all changes published to PNTHR and/or the Webstore. It is not the responsibility of Company to update you on any modifications made. Visiting or using PNTHR and/or the Webstore after any changes to these Terms & Conditions are made represents, constitutes, and/or grants your consent to the changes. Any changes will be published below in an appendix of amendments, and it is your responsibility to review these Terms & Conditions to inform yourself of all changes under the jurisdiction of Company. Company agrees to recognize the Terms & Conditions published and/or downloadable from any Webstore under the jurisdiction of PNTHR. You agree to the Terms & Conditions provided by PNTHR and Company via any Webstore represented by PNTHR, with respect to any and all changes to PNTHR before or after your consent to the changes.