TERMS & CONDITIONS

Myopanther ("the Company," or "we") grants you access to and use of the Service (as defined below) under the conditions outlined in these Terms and Conditions (the "Terms").

READ THESE TERMS BEFORE UTILIZING THE WEBSITE FOUND AT WWW.MYOPANTHER.COM AND ALL LINKED WEBSITES (TOGETHER REFERRED TO AS THE "SITE"), MOBILE APPLICATIONS, AND SERVICES (TOGETHER, THE "SERVICE") FOR PRODUCT PURCHASES. YOUR USE OF THE SERVICE INDICATES YOUR FULL ACCEPTANCE OF THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SERVICE.

ARBITRATION NOTICE: WITH THE EXCEPTION OF CERTAIN DISPUTE TYPES OUTLINED IN THE ARBITRATION CLAUSE BELOW, YOU CONSENT TO THE RESOLUTION OF DISPUTES BETWEEN YOU AND THE COMPANY THROUGH MANDATORY BINDING ARBITRATION, AND YOU GIVE UP THE RIGHT TO PARTICIPATE IN CLASS-ACTION LAWSUITS OR CLASS-WIDE ARBITRATION.

Upon your use of the Service, you agree to adhere to these Terms. It should be noted that these Terms may be amended by the Company at its sole discretion over time, and your agreement to them constitutes a legally binding contract between yourself and the Company. Additionally, when you access specific websites owned or operated by the Company, you shall be subject to any published agreements, guidelines, rules, or terms of service. These agreements, guidelines, rules, or terms of service, as they may be altered by the Company at its sole discretion, are hereby incorporated into these Terms by reference. It is incumbent upon you to periodically review these Terms, and should you lack the authority to agree to or accept these Terms, or if you ever find these Terms unsatisfactory, you are precluded from using the Service, and you must immediately cease all usage of the Service.

PRODUCT DESCRIPTIONS AND PRICING:

The Company endeavors to maintain the highest degree of accuracy regarding the Service. However, the Company does not assert that product descriptions or other content on the Service are error-free or complete, reliable, current, or accurate. For example, products featured on the Service may be unavailable, possess different attributes than those stated, or exhibit a price contrary to that posted on the Service. Furthermore, the Company retains the right to modify information regarding price and availability without prior notice. It is our standard practice to confirm orders via email; nevertheless, the receipt of an email order confirmation does not signify our acceptance of an order or the confirmation of an offer to sell a product or service. The Company reserves the right to limit the quantity of an order for any product or service and/or deny service to any customer, without prior notice. Moreover, we may necessitate the verification of information prior to order acceptance and/or shipment. Despite our diligent efforts, a small subset of items on our Service may be mispriced. In the event that an item's correct price surpasses our stated price, we, at our discretion, may either request your guidance before shipping or cancel your order, notifying you of said cancellation. Weight, measurements, and similar descriptions are approximate and are presented solely for the sake of convenience. It is your responsibility to ascertain and adhere to all pertinent local, state, federal, and international laws (including minimum age requirements) concerning the ownership, use, and sale of any item acquired from the Service. By placing an order, you affirm that the products ordered will be used solely in a lawful manner.

PAYMENT TERMS; INTEREST; ORDERS:

All orders submitted through the Service are subject to the Company's acceptance. Payment terms fall within the sole discretion of the Company, and unless otherwise concurred by the Company, payment must be received by the Company before an order is accepted. Payment for product orders will be accepted through specific payment methods approved by our third-party payment processing service. The Company reserves the authority to cancel your order, and any outstanding amounts must be settled in U.S. dollars. Past-due amounts will incur a finance charge of one and a half percent (1-1/2%) per month, or the highest amount permissible by law, if lower, on the unpaid balance due. You are accountable for any expenses and fees (including, but not limited to, legal fees) incurred by the Company in the process of collecting overdue amounts from you.

SHIPPING; RISK OF LOSS; TITLE; TAXES:

Shipping and handling charges are typically not included, unless otherwise explicitly indicated at the time of purchase. Estimated shipping dates are subject to change. The risk of loss and title for all items bought from the Company shift to you upon delivery to the carrier. You bear responsibility for any taxes associated with all orders. Intellectual property rights' title will remain with the applicable licensor(s).

CONTENT AND TRADEMARKS:

All content on the Site, encompassing text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, inclusive of the design, structure, selection, coordination, expression, "look and feel," and arrangement of said content (collectively, "Content"), is owned, controlled, or licensed by or to the Company. It is safeguarded by trade dress, copyright, patent, trademark laws, and various other intellectual property rights and laws relating to unfair competition. Certain trademarks, trade names, service marks, and logos featured or displayed on the Site are registered and unregistered trademarks, trade names, and service marks of the Company and its affiliates. Other trademarks, trade names, and service marks displayed on the Site belong to their respective owners, whether registered or unregistered (collectively, "Trademarks"). These Terms, or any other information provided on the Site, do not grant, nor should they be construed as granting, through implication, estoppel, or any other means, a license or right to use any of the Trademarks without the prior written consent of the Company or the respective owner. The Company's name and the Trademarks may not be utilized in any way, including, but not limited to, any advertising or publicity related to material distribution on the Site, without the Company's prior written consent. The Company specifically prohibits the use of its name or any Trademarks as links to any website, unless this link is preapproved by the Company in writing.

PERMITTED USE OF THE SITE AND CONTENT:

Save for what is explicitly provided in these Terms, no portion of the Site or any Content may be employed, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any manner. This includes mirroring, to any other computer, server, website, or other medium for purposes of publication or distribution or for any business venture, without the Company's prior written consent. The Company permits the utilization of information concerning the Company's products and services purposely made available by the Company for downloading from the Site. This is contingent upon you not eliminating any proprietary notice language in all document copies, employing the information for personal, non-commercial informational purposes exclusively, without duplicating or posting it on a networked computer or broadcasting it through any media. You must make no modifications to this information and must not make any additional representations or warranties concerning said information.

GENERAL INFORMATION

Assignment; Waiver:

• You are prohibited from assigning these Terms or any associated rights. Any attempt by you to transfer these rights, duties, or obligations is considered void. The Company retains the right to assign or transfer these Terms or its rights and obligations without notice or prior approval from you.

• These Terms are designed solely for the benefit of the involved parties and do not establish third-party beneficiaries, whether intentionally or incidentally. These Terms shall endure for the benefit of the Company and its successors and assigns.

• Failure by the Company to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. No waiver, whether expressed or implied, by either party for any breach of these Terms will constitute an ongoing waiver for that breach or any prior or subsequent breaches.
  
  

Arbitration:

• The validity, interpretation, and performance of these Terms are governed exclusively by the domestic laws of the State of Illinois. This is except in regard to conflict of laws principles and without consideration for the United Nations Convention on the International Sale of Goods.

• You acknowledge that a breach of these Terms may result in irreparable harm to the Company, which may be challenging to quantify, and that a legal remedy may be insufficient. Hence, you agree that, in the case of a breach or threatened breach by you, the Company may seek injunctive and other equitable relief without the need to post a bond. This is in addition to any other legal or equitable remedies available to the Company.

• Unless the Company initiates legal action to obtain equitable relief, any controversy, claim, dispute, or other legal proceeding stemming from or related to these Terms, irrespective of the legal basis, shall be resolved by arbitration. This arbitration will be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. It will take place in DuPage County, Illinois, with the hearing occurring within seven (7) months from the date of the arbitration notice. This provision is subject to the statute of limitations of twelve (12) months from the first accrual of a cause of action. The arbitration will be conducted on an individual basis, and class arbitrations and class actions are not allowed.

• The arbitrator will decide any preliminary issue of law that could potentially dismiss a claim either in part or in whole. The hearing will not exceed four (4) days, unless both parties agree otherwise, with equal time allocated to you and the Company. The arbitrator must be an attorney with at least ten (10) years of practice and five (5) years of experience as an arbitrator. All aspects of the arbitration process, including discovery, evidence, briefs, and the award, will be held confidential. The arbitrator may only grant damages directly related to the prevailing party's actual direct damages. Both parties understand and agree to waive the right to a jury trial and class actions.

• If this specific arbitration provision is found to be unenforceable, the entire arbitration provision shall be null and void. The arbitrator will issue written findings, and the decision is binding on all parties. This provision is independent of the termination or expiration of these Terms.

Severability:

• If any provision of these Terms is found to be invalid or unenforceable, it will be replaced with a valid and enforceable provision that reflects the original intent. The rest of these Terms will remain in effect, excluding the prohibition against class actions.

Legal Equivalency:

• These Terms and any other electronic documents, policies, and guidelines incorporated herein will be considered legally equivalent to traditional writings and signed writings. They will comply with statutory and legal requirements. Electronic documents are admissible as evidence, provided they are maintained as part of the regular course of business.