Terms of service

TERMS OF USE

PNTHR.tech (“PNTHR”) acknowledges this Shopify website (“Webstore”) operates under the conditions of the following statements in the terms of use (“Terms and Conditions”), provided by PNTHR tech, LLC. (“Company”) jurisdiction. The domain names PNTHR.com, PNTHR.org, PNTHR.me, PNTHR.pro, PNTHR.info, and PNTHR.store are associated with Company online operations directing visitors to PNTHR for access to the Webstore and affiliated websites. These affiliated websites include but are not limited to Amazon.com, GoAffPro.com, PayPal, Mailchimp, Google, Youtube, Facebook, Instagram, Pinterest and PayWhirl (“Connections”). By accessing the Webstore or visiting PNTHR, you accept full responsibility to be bound by the following Terms and Conditions. Furthermore, by using or visiting PNTHR you agree to the Privacy Policy and legal conditions set forth. Please review these Terms and Conditions carefully, as we reserve the rights to terminate your use of PNTHR and the Webstore, prevent you from future access of PNTHR and the Webstore, and take appropriate legal action against you or an entity you represent if these Terms and Conditions are violated by you or the entity you may represent.

PRIVACY

Sensitive and private data exchange between Company, PNTHR, the Webstore and any user accessing PNTHR and 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: PNTHR and Company 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 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. For more information on our third party service providers used with the Webstore operations please refer to their Privacy Policies:


Alphabet
Amazon
Apple
AWS
Digital Downloads
DNSimple
Facebook
GoAffPro
Google
Instagram
Intuit
Mailchimp
Meta
Namecheap
PayPal
PayWhirl
Pinterest
Quickbooks
Shopify
Target
Twitter
UPS
UpSell Wizard
USPS
WHO
X

SUBSCRIPTIONS

When you purchase a subscription you'll receive repeat deliveries. These are based on the subscription duration and frequency that you select. Your payment details will be stored securely and you'll be charged for each of these deliveries, unless you choose to pay in advance. Some subscriptions may auto-renew at the end of their duration. If you don't want to renew a subscription you can cancel it. If you want to cancel or change your subscription, you can do it at any time. Your order confirmation emails have links to your order. You can manage your subscription from there.

DIGITAL GOODS

Some items on PNTHR are offered as a digital file. A digital good is any non-physical item on PNTHR in the Webstore sold by Company. We use a third-party Shopify app Digital Downloads to send a follow-up email with downloadable file.

CANCELLATIONS

There are no cancellations or returns for any digital good purchase. If you want to cancel your subscription please refer to your purchase setting in your account.

THIRD PARTIES

PNTHR may contain links to third-party websites that are not owned or controlled by Company, including Connections of our network affiliations. 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 the Webstore. 

COMMISSIONS

Affiliates using services provided by Connections for PNTHR referrals to collect commissions through the Webstore sales (“Sponsors”) may review the following policies and conditions set forth by our Sponsors network service provider.
https://goaffpro.com/policies/terms

Sponsors must have a PayPal email to sign up before registering an account on Team.PNTHR.tech (Webportal) and should explain to their referrals network the PNTHR commissions need tracking cookies enabled in online browsers to allow commissions from Webstore sales to accurately monetize referrals promoted through Sponsors network. Commissions may adjust if Company decides at any given time. Sponsors must visit their Referrals account to periodically review commission and discount rates. Discount coupon codes may also be adjusted by Company. Sponsors have their own abilities enabled to offer customizable discounts and can contact Team@PNTHR.tech for any inquiries about rate adjustments. 

Commission payouts are set for 45 days after referred transactions through PNTHR to allow for physical merchandise returns. To prevent abuse of our return policies commission compensations WILL NOT be paid to Sponsors for any affiliated referral purchase(s) returned to Company within the allotted time.

If Sponsors breach or violate these Terms and Conditions or any policies on the Referrals webpage or Webportal then Company or Connections have the right to terminate or suspend their commissions.

COOKIES

Affiliates using services provided by Connections for PNTHR referrals to track online visitors may review each linked service listed in the Privacy section of these Terms and Conditions. The following privacy policy set forth by our Sponsor network service provider and outlines how they use Cookies.
https://goaffpro.com/policies/privacy

WARRANTIES

Company offers a one (1) year warranty for marked products purchased from the Webstore of PNTHR or an authorized third party seller. Company also offers a three (3) month warranty for marked products purchased from the Webstore of PNTHR or an authorized third party seller. Any product marked with the Company warranty label is warranted to be free from defects in materials and workmanship under normal use for a period of one (1) year when labeled on packaged merchandise and three (3) months when labeled on packaged merchandise starting on the delivered date. Company will determine whether to repair or replace a defective product with the same product or one of equal or lesser value after evaluating any claim to our limited warranty. All products claimed under warranty will be subject to review for authenticity.

The Company warranty does not cover:

  • Normal wear and tear of original product use
  • Misuse, lack or care, mishandling, accident, abuse or other abnormal use
  • Use of the original product other than for its intended purpose
  • Damage caused by improper or unauthorized repair or maintenance
  • An original product that has been modified or altered
  • Any product that is not manufactured by Company, (including without limitation, any non-PNTHR product that issued in connection with the original product)
  • Damages to any non-Company product, including, but not limited to device damage or loss of data; customized or custom printed product; product purchased through unauthorized resellers, deal sites, liquidation sites, auction sites; promotional items; or incidental or consequential damages.

You specifically agree that Company shall not be liable for any special, incidental, indirect, punitive, or consequential damages for breach of any warranty of any type on any Company product.

Warranty claims are handled directly by Company through PNTHR by emailing Team@PNTHR.tech with the Subject titled “WARRANTY Review” when emailed.
Please email Team@PNTHR.tech with the following information if you would like to submit a warranty claim:

  • Your subject line reads “WARRANTY Review”
  • Your first and last name
  • The seller of the product
    • PNTHR
    • Authorized third party
  • Your Order Confirmation Code (OCC#) or purchase receipt information
  • How the device malfunctioned
  • Photos or videos as evidence if possible

RETURNS

Company and PNTHR return policy applies only to PNTHR customers who purchased a product from the Webstore. You have thirty (30) days after the purchase date to return a product for a refund. Company will not provide a refund for returned products that are counterfeit or damaged due to misuse, lack of care, mishandling, accident, abuse, or abnormal use.
If you are not satisfied with your purchase, you may return the unopened product for a replacement or refund of the purchase price provided the following conditions are met:

  1. Product subject to a return request must have been purchased directly from PNTHR.
  2. A return request must be submitted to Team@PNTHR.tech within thirty (30) days of original purchase.
  3. The request is made with a valid Order Confirmation Code from PNTHR.
  4. Company approves the request and issues an authorized Return Code.
  5. The return is post-marked within thirty (14) days of PNTHR issuing the authorized Return Code.
  6. Customer is responsible for all cost associated with returning product to Company.
  7. Returned product must be unopened and in new, resalable condition.
  8. Shipping charges are non-refundable.
  9. Return claims are handled directly by Company through PNTHR by emailing Team@PNTHR.tech about your Webstore purchase.

Please email Team@PNTHR.tech with the following information if you would like to return a product:

  • Subject line says "RETURN OCC #" followed by your Confirmation Code
  • Your first and last name on the order
  • Your Shipping Address

INTELLECTUAL PROPERTY

Company does not give permission to any User of PNTHR and the Webstore to distribute, develop, or resale any products exclusively owned and available or advertised on PNTHR. Company does not give any User the right to utilize the licensable intellectual property provided on PNTHR or purchased through the Webstore or discovered through Connections network operations.

Unless otherwise noted, PNTHR and all materials contained on PNTHR including product names, details, descriptions, photographs and illustrations ("Content") are the sole property of Company with distribution channels through licensors and licensees. 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 network(s) system. The online materials are PNTHR and Company intellectual property, and are protected by U.S. and international intellectual property laws. The online materials may not be copied or redistributed either in whole or in part without prior written consent of Company, except as expressly and specifically permitted under these Terms and Conditions.

DISCLAIMER 

The Warranty and 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.

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 the Webstore to unlawfully transmit copyrighted material without a license, express consent, valid defense 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.

LIMITATION OF LIABILITY

IN NO EVENT SHALL Company, ITS OFFICERS, DIRECTORS, DISTRIBUTORS, SUPPLIERS, PARENTS, AND 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 Company 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 AND 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME 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 and Conditions. Company may change, suspend, or discontinue any aspect of PNTHR 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 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 these Terms and 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, or the Webstore, or any of its contents (including software) in whole or in part.

NEGLIGENCE

Company has made all efforts in good faith to educate visitors and customers on how to use the Webstore merchandise. Handling Company products is the sole responsibility of Users. Company has shown on PNTHR how to clean devices properly to follow electronic manufacturer warranty regulations. Suggestions on how to safely hold your mobile devices while cleaning have been presented and alternative options are available including but not limited to placing a device intended to be cleaned on the ground and laying the device down on a soft material or stable surface before scrubbing with microfiber cloth to wipe contaminants. 

Indemnification

You agree to indemnify and hold Company, PNTHR, Connections, Organization, Sponsors, associated subsidiaries, affiliates, officers, agents and other partners or 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 and Conditions.

You agree to indemnify and hold Company, PNTHR, Connections, Organization, Sponsors, associated subsidiaries, affiliates, officers, agents and other partners or employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by mishandling electronic device(s) when cleaning surfaces with Company products. This includes but is not limited to scratched surfaces, camera lens damage, or touchscreen abrasions, or device breakage from mishandling the Webstore merchandise.

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 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 unless permitted as a Sponsor or Connections. 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 the Webstore.

Links and Search Results

PNTHR may automatically produce search results that reference 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 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 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 Team@PNTHR.tech.

USER ACKNOWLEDGEMENTS

By providing materials to PNTHR, including by submitting or uploading content or materials for use on PNTHR, the Webstore, Connections, Organization and Sponsors network 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 or 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 Company for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to Company or PNTHR. Any communication or materials you send to PNTHR or Company will be treated as non-confidential and non-proprietary and may be disseminated or used by PNTHR and Company for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.

All online materials are and will remain the exclusive property of Company. All rights, titles and interests in and to any online materials will be and remain vested solely in Company. 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 online materials, or any rights thereto, except as expressly and specifically provided in the Terms and Conditions. Nothing in these Terms and 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 and Conditions grants you the right, directly or indirectly, to use any online materials to create a product for resale or to use online materials in any way that competes with Company unless explicitly written by Company to the Webstore user on PNTHR.

You acknowledge and agree that Company will own all rights, titles and interests in and to any copy, translation, modification, adaptation, derivative work or improvement of any online materials made by or for you. At the request of Company 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 PNTHR or perfect these rights, titles or interests in the name of Company and PNTHR.

PURCHASES

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

All purchases made through PNTHR are subject to the following conditions:

  1. Customers must provide accurate and complete information in the Webstore when placing an order.
  2. All prices are listed in the currency specified at the time of purchase and are subject to change without notice.
  3. Company reserves the right to refuse or cancel any order for reasons including but not limited to product availability, errors in the description or price of the product, or an error in your order.
  4. Upon acceptance of your order, you will receive a confirmation email detailing your order and payment information.

PAYMENTS

Payments for products purchased from PNTHR on the Webstore can be made using various methods, including credit cards, debit cards, and other payment processors as specified on the website. The following conditions apply:

  1. Payment must be received in full before the order is processed and shipped.
  2. By providing payment information, you represent and warrant that you are authorized to use the payment method provided.
  3. The Webstore employs secure payment processing methods to protect your financial information. However, we cannot guarantee the security of information transmitted over the internet.
  4. In the event of a payment dispute, Company reserves the right to take appropriate action, including but not limited to canceling the order or seeking legal remedies.

 

SUBSCRIPTIONS

When you purchase a subscription you'll receive repeat deliveries. These are based on the subscription duration and frequency that you select. Your payment details will be stored securely and you'll be charged for each of these deliveries, unless you choose to pay in advance. Some subscriptions may auto-renew at the end of their duration. If you don't want to renew a subscription you can cancel it. If you want to cancel or change your subscription, you can do it at any time. Your order confirmation emails have links to your order. You can manage your subscription from there.

DIGITAL GOODS

Some items on PNTHR are offered as a digital file. A digital good is any non-physical item on PNTHR in the Webstore sold be Company. We use a third-party Shopify app Digital Downloads to send a follow-up email with downloadable file.

CANCELLATIONS

Company reserves the right to cancel or refuse to fulfill any order at any time. 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.

There are no cancellations or returns for any digital good purchase. If you want to cancel your subscription please refer to your reoccurring purchase setting in your account.

VIOLATIONS

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

PNTHR and Webstore 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 the Webstore.

CONTACT

If you have any questions or concerns regarding these Terms and Conditions, please contact us at:

Email: Team@PNTHR.tech
Phone: +1 (801) 410-0004

If you choose to contact us via phone we use Google Voice and their Privacy Policy can be found with the following Terms of Service link:
https://transparency.google/intl/en_US/our-policies/privacy-policy-terms-of-service/

To mail letters or medium sized envelopes ONLY use:

PO Box 3543
Wenatchee, WA 98807

Or use the PNTHR contact page to send Company a message.

 

RECYCLING

The Company microfiber recycling process prevents micro-waste from entering water supplies and surrounding environments. Currently the recycler program encourages clients to easily replace accessories by sending back old microfibers upon delivery of fresh cloth and offers everyone an ability to minimize their microscopic environmental degradation impacting lives. 

Company will hold onto textiles until enough cloth is collected to send facilities the materials. We accept any brand of microfiber for recycling if you want us to handle them but do not have the capacity to sort all types for reintroduction into products. 

BIOHAZARD materials are not safe for us to transfer and we are not equipped enough so are NOT ALLOWED to send our team.

Microfibers can be sent to the Company mailing address:
1050 Maple St.
PO Box 3543
Wenatchee, WA 98807

If you have a large shipment please reach out to us for further assistance.

 

GOVERNING LAW

This agreement between you and Company shall be governed by the Laws of the State of Washington, within the United States of America. 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.

Interpretation

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

PROVISIONS

If any provision of these Terms and 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 or unenforceable provision of these Terms and 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 and 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 update the Webstore or these Terms and Conditions at any time without notice. Any modifications to the Terms and Conditions will be effective immediately and Company will retain jurisdiction of any or all changes published to PNTHR and the Webstore. It is not the responsibility of Company to update you on any modifications made. Visiting or using PNTHR and the Webstore after any changes to these Terms and Conditions are made represents, constitutes and 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 and Conditions to inform yourself of all changes under the jurisdiction of Company. Company agrees to recognize the Terms and Conditions published on PNTHR and downloadable from the Webstore under the jurisdiction of Company. You agree to the Terms and Conditions provided by Company via PNTHR and the Webstore, with respect to any and all changes to PNTHR before or after your consent to the changes. 

These Terms and Conditions govern the use of the services and products provided by PNTHR Tech. By accessing or using our services, you agree to comply with and be bound by these terms. If you do not agree to these terms, please do not use our services.

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.