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Terms and Conditions of Use and Purchase

These Terms and Conditions of Use and Purchase (“Terms of Use and Purchase”) constitute a legal agreement between you, as an individual and/or in your capacity as an official representative of an entity, with the power to bind such entity to the provisions of these Terms of Use and Purchase, and Black Cat, Inc. d/b/a Panther East and Panther East of VA, Inc. (together, “Panther East”) governing your use of this World Wide Web site (this “Website”) and purchase of materials and/or equipment available for purchase through this Website (“Products”). YOUR USE OF THIS WEBSITE IS SUBJECT TO THESE TERMS OF USE AND PURCHASE. YOUR ACCESSING, VIEWING AND/OR USING THIS WEBSITE OR ANY MATERIAL LOCATED ON THIS WEBSITE, CONSTITUTES YOUR ACKNOWLEDGMENT THAT YOU HAVE REVIEWED THESE TERMS OF USE AND PURCHASE AND YOUR AGREEMENT TO BE BOUND BY SUCH TERMS OF USE AND PURCHASE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS OF USE AND PURCHASE, YOU MUST IMMEDIATELY EXIT THIS WEBSITE.

Grant of Limited License

Subject to the provisions of these Terms of Use and Purchase, Panther East hereby grants to you a nonexclusive, nontransferable, restricted right and license to access, view and/or use this Website and material contained hereon, and to download or print copies of the material contained hereon for your internal business purposes, provided that any copy that you may make shall retain all copyright and other proprietary notices contained in the information provided. You may not, however, distribute, modify, transmit, repost, use (other than for your internal business purposes) or publish the information or material appearing on this Website for any reason without the prior written permission of Panther East. You also may not exploit software tools, documents, information or databases located on this Website for commercial use, or use any data mining or similar tools. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any transaction being conducted on our Website.

Restricted Access Areas

Certain areas of this Website will require user registration and the provision of an account or policy number, name, email address or other personally identifiable log-in credentials to gain access. In order to obtain access to these restricted access areas, you will need to be a Panther East customer. Use of these restricted access areas of this Website may be subject to viewing, monitoring or recording by Panther East. Unauthorized access to these restricted access areas or misuse of information derived from these restricted access areas shall constitute a breach of these Terms of Use and Purchase.

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.

Modification of this Website and These Terms of Use and Purchase

Panther East reserves the right to change, modify, alter, update or discontinue the terms, conditions and notices under which this Website is offered, including these Terms of Use and Purchase and the services, features, links, and content offered via this Website, at any time and from time to time without notice or further obligation to you. By your continued use of this Website following any such changes, modifications, alterations or updates, you agreed to be bound by such changes, modifications, alterations or updates.

Termination

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.

Proprietary Materials

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.

Returns

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.

Privacy

The privacy policies of Panther East are accessible by clicking on the “Privacy” tab. By using this Website and accepting these Terms of Use and Purchase, you expressly consent to use of your information as enumerated in the then-current privacy policies of Panther East, as such policies may be amended from time to time.

Indemnification

You hereby agree to indemnify, defend and hold harmless Panther East, its officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your use or misuse of this Website or any violation by you of these Terms of Use and Purchase. You further agree that you shall be solely responsible for any and all liabilities and related costs arising from your use or misuse of 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.

General

These Terms of Use and Purchase shall be governed by the laws of the Commonwealth of Pennsylvania and the federal laws of the United States, without reference to conflict of laws principles. The federal and state courts in the Eastern District of Pennsylvania shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to use of this Website, including the purchase and delivery of Products, and you hereby expressly consent to such exclusive jurisdiction and waive, and agree not to assert, any claim that you are not subject personally to the jurisdiction of such courts, that the action is brought in an inconvenient forum, that the venue is improper or that these Terms of Use and Purchase or the subject matter hereof may not be enforced in or by such court. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall nonetheless be enforceable to the greatest extent possible, and the remaining provisions shall be enforced. The failure of Panther East to act at any time with respect to a breach by you does not waive Panther East’s right to act at any other time, and/or to take action with respect to subsequent or similar breaches. You may not assign or transfer these Terms of Use and Purchase or your rights hereunder, and any attempt to the contrary shall be void. Panther East shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond its control. You shall comply with all applicable laws and regulations relating to your access to and use of this Website. These Terms of Use and Purchase, along with any credit line agreement you have entered into with Panther East and any policy statements promulgated from time to time by Panther East, sets forth the entire understanding and agreement between you and Panther East with respect to the subject matter hereof and, other than any such credit line agreements, supersedes any prior understandings or agreements with respect to such subject matter. If you are using this Website on behalf of an entity, you hereby represent and warrant that you have proper authority and power to bind such entity to the provisions of these Terms of Use and Purchase.