DISCLAIMER, TERMS OF USE & CONDITIONS OF SALE, PRIVACY POLICY

JANUARY 26, 2014


WARNING: The products sold herein are not intended for professional use and are solely intended for artistic display as collectors items.

No claims, representations or warranties, whether expressed or implied, are made by Artist or pantherATTACK as to the safety, reliability, durability and performance of any of the art supplies and/or products. Furthermore, we accept no liability whatsoever for the safety, reliability, durability and performance of any of our art supplies or products. In no event shall Artist or pantherATTACK be liable for any direct, indirect, punitive, incidental, special, or consequential damages, to property or life, whatsoever arising out of or connected with the use or misuse of our products.

TERMS OF USE AND CONDITIONS OF SALE

Thank you for visiting our website, pantherattack.com (the "Website"). pantherATTACK Art & Surplus (“pantherATTACK", "we", "us" or "our") provides content (as defined below), services, and products on and through the Website subject to these Terms of Use and Conditions of Sale, which constitute a binding legal agreement between us. By visiting or placing orders through the Website, you accept and agree to be bound by these Terms of Use and Conditions of Sale, so please read them carefully. If you do not agree with these Terms of Use and Conditions of Sale, you may not visit or place orders through the Website. We may change and update these Terms of Use and Conditions of Sale at any time and from time to time without notice by updating this page, and you agree to be bound by such changed and updated Terms of Use and Conditions. You should visit this page regularly to review the then-current Terms of Use and Conditions of Sale. You can tell if these Terms of Use and Conditions of Sale have changed or been updated by checking the revision date that appears above.

A. GENERAL

The Website is owned and operated by pantherATTACK, a Brooklyn based sole proprietor based at 302 Butler Street, 4th Floor, Brooklyn, NY 11217 USA.

B. OTHER POLICIES

Please review our Privacy Policy, Customer Service Policy, and Return and Refund Policy, which are incorporated by reference into these Terms of Use and Conditions of Sale (together, the "Website Policies"). All of the Website Policies apply to your visits to our Website, as well as all purchases from the Website.

C. LIMITED LICENSE AND WEBSITE ACCESS; TERMINATION AND SUSPENSION

Subject to compliance with our Website Policies, we grant visitors to our Website a limited, non-exclusive, and non-transferable license to access, visit, and make personal use of the contents of our Website for the purpose of evaluating our products for purchase. The limited license does not permit your resale or commercial use of our Website or any contents from the Website, nor does it permit you to collect, data-mine, "mirror", gather or otherwise use our content (including, but not limited to, any of the product listings, descriptions, or prices included therein), nor does it permit any derivative use of our Website. You may not use framing techniques, meta tags, or similar technologies with respect to the Website, any content, our trademarks, or other proprietary information.
Your limited license is automatically terminated upon any breach by you of the Website Policies and/or any unauthorized use by you of our Website or any of its content. You are responsible for any damages or other harm arising out of your breach of the Website Policies and unauthorized use of our Website and its content. We will not be liable for any use of the Website and its content made by you which violates applicable laws and regulations or our Website Policies.
While visiting the Website and accessing and using any features of the Website, you must conduct yourself in a respectful manner and in compliance with all applicable laws and regulations, and supply truthful and non-misleading information. By way of example, you may not: (a) request or otherwise attempt to obtain data or information relating to other users; (b) reproduce, copy, transmit, transfer, post, publicly display or perform any content available on or through the Website; (c) remove, obscure or otherwise deface proprietary notices relating to the Website or its content; (d) alter, modify, frame or mirror any content or materials from the Website; (e) inhibit, disrupt or otherwise prevent anyone from using or accessing the Website or interrupt any user's experience on the Website, or servers or network connection to the Website; (f) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website; or (g) attempt to gain unauthorized access to any portion of the Website.
We reserve the right to suspend or terminate your access and/or your use of the Website or any portion of the Website at any time, for any reason or for no reason. We reserve the right to change, suspend or discontinue all or any aspect of the Website, and the content, products and services available on or through the Website at any time without prior notice. Such suspension and/or termination shall be without prejudice to our rights and remedies at law, in equity and pursuant to the Website Policies, all of which are cumulative and reserved. Upon any such suspension or termination, all rights or licenses granted to you under these Terms of Use and Conditions of Sale are automatically suspended or terminated, respectively, and you agree to cease visiting and attempting to place orders through the Website.
Notwithstanding any such termination or suspension, you remain personally liable for any orders that you placed or charges that you incur or are made prior to suspension and/or termination. In addition, you acknowledge and agree that the following sections of these Terms of Use and Conditions of Sale remain applicable to you: the preamble to these Terms of Use and Conditions of Sale (which precede Section A), Section A ("General"), Section B ("Other Policies"), Section E ("Acceptance of Your Order"), Section F ("Payment"), Section H ("Personal Use"), Section G ("Copyright"), Section H ("Trademark"), Section L ("Disclaimers"), Section M ("Limitations on Liability"), Section N ("Indemnification"), Section O ("Linking to the Website"), Section P ("Governing Law; Jurisdiction; Statute of Limitations"), Section Q ("Severability; Performance Issues") and Section R ("Entire Agreement").

D. PLACING ORDERS

We do not sell products or services for purchase by children. If you are under 18, or under the age of majority in your state, you may not place orders through the Website and should contact your parent or legal guardian for assistance. To purchase products or services from our Website, you must provide us with certain information. In addition to your name and contact information, you may be required to submit a valid credit card number, shipping address, billing address, and related billing information. This information will be collected through the pantherATTACK seamless checkout system utilizing Stripe which is fully SSL encrypted and PCI compliant.

E. ACCEPTANCE OF YOUR ORDER

Upon your placement of an order through our Website, we will send you an email providing details of your order. Acceptance of an order is not complete, and no order is binding upon pantherATTACK, until the order has been packed and dispatched by us for shipment. We may cancel any order at any time prior to it being packed and dispatched for shipment for any or no reason and in our sole discretion (including, but not limited to, the reasons identified in the second paragraph of this Section E). At the time of shipment, we will send you an email confirming shipment and providing tracking information. All orders are deemed to have been made in and completed in the State of New York.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order).

F. PAYMENT

We accept payment made by Visa, MasterCard, Discover, American Express, through Stripe, and any other methods that are advertised on our Website. Payment will be charged upon completion of our seamless checkout through Stripe without leaving pantherATTACK which is fully SSL encrypted and PCI compliant. If an item ordered is temporarily out of stock, customers will be notified immediately by email and will not be charged until an item has become available and is packed and dispatched for shipment. If an item is out of stock and is not expected to become available, customers will be notified immediately by email and will not be charged.

G. RETURNS AND REFUNDS

All returns must be authorized in advance by pantherATTACK. The majority of items are handcrafted to order requiring great care to be taken with each piece. If for any reason you are not satisfied, pantherATTACK will exchange your purchase for store credit within 20 days of receipt with prior written notice. Credit must therefore be used within 30 days of the issued date. Shipping charges are non-refundable. All custom orders, hatchets, axes, hammers, mallets, print editions, original paintings, original drawings are final.

H. PERSONAL USE

Products offered for sale through our Website are only for personal use, and not for resale. By placing an order through our Website, you certify that you are purchasing our products for your personal use only and not for resale. We reserve the right to refuse orders which we reasonably believe are intended for resale.

I. PRICING

Prices listed on our Website do not include sales tax or customs duties/taxes (for international orders). We are required by law to charge sales tax in applicable jurisdictions. Any sales tax charged will be calculated and displayed for your approval prior to final confirmation of your order.

J. COPYRIGHT

All content on our Website, including but not limited to images, product descriptions, prices, specifications, drawings, paintings, figures, logos, menus, webpages, graphics, colors, fonts, schemes, layouts, processes, functions, and software (as used herein, collectively, "content") is the property of pantherATTACK, and is protected by domestic and international copyright, and other intellectual property laws. Copying, publication, reproduction, distribution, or modification of our content, in whole or in part, is forbidden without our express written consent.

K. TRADEMARK

Ryder Evan Robison, pantherATTACK and pantherATTACK Art & Surplus (collectively "Marks") are trademarks or trade dress of pantherATTACK in the United States and/or other countries. Except with prior written approval, we do not give permission to use the Marks in connection with any product or service. The Marks may not be copied, imitated or used, in whole or in part, without our prior written consent. All other trademarks not owned by us that appear on the Website are the property of their respective owners, and are used by us with permission.

L. DISCLAIMERS

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. WE make no representation or warranty of any kind, EXPRESS OR IMPLIED, in connection with the website, the access and use of the website, or any content or services available by or through such website, AND ALL OF SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY DISCLAIMED. IN FURTHERANCE OF THE FOREGOING, pantherATTACK disclaims any warranties of merchantability, fitness for a particular purpose, reliability, accuracy, security, freedom from viruses or harmful code AND non-infringement. The Website and the content and services available from the website are provided by US on an "As Is", "As Available" AND "WITH ALL FAULTS" basis. THE FOREGOING EXCLUSIONS AND LIMITATIONS OF WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
We make no representation or warranty that access to the Website will be continuous, uninterrupted, timely, secure, or error-free. From time to time, our Website may be unavailable due to maintenance or other reasons. We make no representations or warranties that our Website or sites that may be linked to it or from it are free from error. All such links are provided solely as a convenience to you. If you use these links, you will leave the Website. We are not responsible for any content, services or products located on or accessible from any other site, and we do not endorse, guarantee or make any representations or warranties regarding any such content, services or products on any other site. You use such content, services and products at your own risk. You should review the policies, terms and conditions associated with linked sites closely before using and submitting information to such linked sites.
You agree that we shall not be responsible for any defect, delay in transmission, deletion, error, or interruption of transactions or communications. You expressly agree that your use of the Website is at your sole risk. We will not be responsible for any technical malfunctions or other problems with any computer system, servers, or communication provider, software, or failures resulting from technical problems or Internet traffic congestion, including injury or damage to your computer, or other hardware or software related to or resulting from using or visiting our Website. We cannot guarantee that the use of our Website, our servers, or e-mail sent from the Website will be secure or free of viruses or other harmful components.
All features, content, specifications, products and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We use reasonable efforts to accurately display the attributes of our products including the actual colors, however, the actual color you see will depend on various factors including the characteristics of your computer system and monitor. The inclusion of any products or services on the Website at a particular time does not imply or represent that these products or services will be available at any time.
We make no representation or warranty that the Website or any content available therefrom is appropriate or available for access and use outside of the United States of America. If you access and use the Website from outside of the United States of America, you do so at your own risk and are responsible for complying with the laws and regulations of the territory from which you access and use the Website.

M. LIMITATIONS ON LIABILITY

YOU AGREE AND ACKNOWLEDGE THAT pantherATTACK AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF GOODWILL, LOSS OR UNAUTHORIZED ACCESS TO OR USE OF DATA OR INFORMATION INCLUDING, BUT NOT LIMITED TO, ANY OF THE FOREGOING THAT ARISE OUT OF OR RELATE TO:
(A) YOUR USE OF THE WEBSITE, OR THE TERMINATION OR SUSPENSION OR YOUR ACCESS TO OR USE OF THE WEBSITE;
(B) YOUR USE OF ANY SITE LINKED TO OR FROM THE WEBSITE;
(C) INFORMATION OR SERVICES MADE AVAILABLE TO YOU ON OR THROUGH THE WEBSITE; OR
(D) THE PURCHASE OR USE OF ANY CONTENT, PRODUCTS OR SERVICES THROUGH THE WEBSITE.
IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, THE CONTENT ON THE WEBSITE AND ANY PRODUCTS OR SERVICES ORDERED FROM THE WEBSITE EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100.00) AND (B) THE AMOUNT YOU PAID FOR THE PRODUCT OR SERVICE YOU PURCHASED THROUGH THE WEBSITE. THE EXCLUSIONS AND LIMITATIONS CONTAINED IN THIS SECTION M APPLY WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF ANY DAMAGES, WHETHER OR NOT SUCH DAMAGES WERE OTHERWISE FORESEEABLE, AND WHETHER BASED ON WARRANTY, TORT, CONTRACT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY.
IF ANY PROBLEMS ARISE WITH THE WEBSITE OR ITS CONTENT, YOU AGREE THAT YOUR ONLY REMEDY IS TO STOP USING THE WEBSITE.
THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION M DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. FOR EXAMPLE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH LIMITATION ABOVE MAY NOT APPLY TO YOU. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

N. INDEMNIFICATION

You agree to indemnify and hold harmless pantherATTACK, its officers, directors, shareholders, employees and agents from any claims, damages (including, but not limited to, direct, indirect, incidental, special, consequential and exemplary damages), judgments, costs, expenses, fees (including, but not limited to, reasonable attorneys' fees) arising out of or relating to your use of our Website, including, but not limited to, your breach of the Website Policies.

O. LINKING TO THE WEBSITE

Except with our prior written consent, you may not create or maintain a link from another website to our Website. If we do permit a link, you agree to comply with all applicable laws and regulations. Please contact us at ryder@pantherattack.com if you are interested in linking to our Website.

P. GOVERNING LAW; JURISDICTION; STATUTE OF LIMITATIONS

This agreement will be governed by and interpreted in accordance with the laws of the State of New York, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Use and Conditions of Sale or any products ordered by you through the Website.
Any legal action that you may have arising out of or relating to Website Policies must be commenced by you within one year from the date the cause of action accrued, and will be subject to the exclusive jurisdiction of and venue in the state or federal courts located in Kings County, State of New York. The foregoing limitation on actions does not apply to the extent prohibited by applicable law. You hereby consent to the personal jurisdiction of these courts and waive any objections or defenses to the venue of any actions in such courts (such as such courts being an inconvenient forum).

Q. SEVERABILITY; performance issues

If any provision of our Website Policies are found to be unenforceable in part, such provision shall be enforced to the maximum extent permissible by law. If any provision of our Website Policies are found to be wholly unenforceable, such provision shall be deemed removed from the Website Policies and all other provisions will remain in full force and effect. You agree and acknowledge that we will not have any liability or obligation to the extent that our performance is prevented or impaired by factors outside of our reasonable control including, without limitation, any act of God; natural disaster; fire; explosion; war (whether declared or undeclared); civil war; civil unrest; riot; revolution; insurrection; act of public enemy or terrorist; electrical power outage; failure or malfunction of computer, telephone, telecommunications or network equipment, software or infrastructure; lack of or disruption to Internet, telephone, telecommunications or network access; strike, lockout or other labor disturbance; epidemic; quarantine; embargo; sabotage; restraint or act of any government or governmental authority; or any other events or circumstances outside of our reasonable control, whether similar or dissimilar to any of the foregoing, and whether affecting us and/or our vendors, suppliers and contractors.

R. ENTIRE AGREEMENT

The Website Policies constitute the entire agreement between us relating to your access and use of the Website, any content, products and services available on or through the Website, and any orders you may make through the Website, and supersede and replace any prior or contemporaneous agreements, understandings, representations or warranties (whether written or oral). Section headings in the Website Policies are for convenience only and have no legal effect. The Terms of Use and Conditions of Sale may be changed and updated by us as stated at the beginning of the Terms of Use and Conditions of Sale. You may not change or update the Terms of Use and Conditions of Sale. In the event of a conflict or inconsistency between these Terms of Use and Conditions of Sale and any of the other Website Policies, these Terms of Use and Conditions of Sale will govern. You may not assign, transfer or delegate any rights or obligations under the Website Policies without our prior written consent, and any purported assignment, transfer or delegation without such consent shall be void and of no force and effect. No waiver relating to the Website Policies shall be binding unless such waiver is made in a writing signed by the waiving party. Any waiver of the Website Policies in one instance shall not constitute a continuing waiver or a waiver of the matters relating to such waiver in future instances.

S. CONTACT INFORMATION

We strive to provide an enjoyable shopping experience through our Website. Should you ever have questions about our Website Policies, please send an email to ryder@pantherattack.com.

PRIVACY POLICY

pantherATTACK Art & Surplus is committed to keeping your privacy protected. This privacy policy is set to describe how pantherATTACK uses and protects any information that you provide to us through the website. Should you be asked to provide certain information by which you can be identified, you can be assured the information will only be used in accordance with this privacy statement.

The following information may be collected upon usage of the website:
-Name
-Contact information including email address and shipping address
-Information relevant to special offers or customer surveys

With the information gathered pantherATTACK may use the aforementioned information for the following:
-To improve our products and services
-Internal record keeping
-Periodically send promotional emails regarding new products, special offers, or other information using the email address that you have provided pantherATTACK. These emails may be unsubscribed to at any point.
-To customize and improve upon the website given the provided and collected information

pantherATTACK Art & Surplus will not sell, distribute or lease our personal information to any third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties we feel you may find interesting if you tell us you want this to happen.

Our website may contain links to allow you to visit other websites we find of interest. However, once you have used these links and left our website, we do not have any control of any external websites. Therefore we cannot be responsible for the protection and privacy of any information which you provide while visiting such sites, therefore these sites are not governed by this privacy statement. You should use caution and look at the privacy statement applicable to any external website in question.

pantherATTACK may assign and transfer the information we have collected from you (including, but not limited to, any personally identifiable information) as part of a merger, acquisition, sale of assets, change of control or other transaction involving our business. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may also assign and transfer such information to a successor entity, or to a third party that purchases our assets arising from such circumstances.

pantherATTACK may use cookies, which are a small file which asks permission to be placed on your computer’s hard drive. Once you agree to the usage, the file is added and the cookie helps to analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and retaining information about your preferences.

We may use traffic log cookies to identify which pages are being used. This helps to analyze data about web page traffic and improve our website in order to suit customer needs better. We strictly use this information for statistical analysis purposes and promptly remove said data from the system.

Cookies may help us provide you with a better website experience by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us at pantherATTACK.

You can choose to accept or decline cookies. The lot of web browsers automatically accept cookies, however you can modify your browser settings to decline cookies if you prefer. Declining cookies may prevent you from taking full advantage of the website.

Thank you for visiting pantherATTACK.com. If you have any questions regarding this Privacy Policy, please email us at ryder@pantherattack.com. We will make our best efforts to provide a response within 30 days.