Terms of Use

Thank You for Stopping by The Black Pantry!

The Black Pantry Terms of Use were last updated on 7/13/22. Please read these terms carefully before using The Black Pantry Service. The Black Pantry may hereto be referred to as “we,” “our,” or “us” whilst describing our Terms of Use, products, and services. 

Use of this website and our Service constitutes your understanding of, and agreement to, the following terms of use (also defined as “Terms” and “terms and conditions”). The user, also hereto referred to as “you,” also consent to be bound by these Terms and by our Privacy Policy. These Terms of Use apply to all users of the site, including without limitation visitors, customers, merchants, and/or content contributors.  

If you do not agree to all of the terms and conditions of this agreement, then you should not use The Black Pantry Service. 

The status of The Black Pantry store is subject to change at any time. These changes shall also be subject to the Terms of Use. The most recent Terms of use can be viewed by users at any time on this page. The Black Pantry reserves the right to update, change, or replace the Terms of Use at any time. 

1. Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.  

You may not use any products purchased via The Black Pantry for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws). You must not upload or transmit viruses, worms, or any code of a destructive nature.  

A breach or violation of any of the Terms will result in an immediate termination of your Services.  

2. General Conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.  

The Black Pantry reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. Should we modify or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. 

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

3. Account & Purchase Terms

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed. 

For more information, please review our Returns Policy. 

4. Products Or Services

The Black Pantry may offer certain products and services exclusively via our website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy. We cannot guarantee that your computer monitor's display of the appearance or color of any product will be accurate.  We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be held liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service. 

5. User Comments & Feedback

Users may submit comments, feedback, and other submissions to the Black Pantry online, by postal mail, or in-store. Such submissions include suggestions, proposals, ideas, and other materials, with or without our request. 

Submission of these materials constitutes your agreement that The Black Pantry may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use any comments that you forward to us. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, or intellectual proprietary right. You further agree that your comments will not contain unlawful, offensive, threatening, abusive, defamatory, obscene, or objectionable material. 

The Black Pantry maintains no obligation (1) to maintain confidentiality for any comments; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but maintain no obligation to, monitor, edit, or remove content that we determine in our sole discretion violate these Terms as stated above. 

6. Third-Party Tools

The Black Pantry may provide the user with third-party tools, which the user may use entirely at their own discretion. These tools are not monitored, controlled, or regulated by The Black Pantry in any way. 

Use of these tools constitutes your agreement to use such tools without any warranties, representations, or conditions of any kind and without any endorsement. The Black Pantry will sustain no liability whatsoever relating to the use of optional third-party tools. 

7. Third-Party Links 

Content, products, and services available via our Service may include materials from third parties. The Black Pantry is not liable for damages suffered to the purchase or use of goods, services, or resources obtained from any third-party websites. 

The Black Pantry may present advertisements for third-party websites, products, and/or services, which are not affiliated with us. We do not maintain responsibility for examining or evaluating the content, and we will not maintain responsibility, liability, or warranty for any third-party materials, websites, or materials, products, and services therein. 

Please review the third-party’s policies before engaging in any third-party transaction. Any questions, concerns, claims, or complaints regarding third-party materials should be directed to the third party. 

8. Accuracy of Website Information

There may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.  

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.  

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.  

9. Intellectual Property

Use of the Services constitutes acknowledgement that the materials presented are subject to copyright. Materials may be used solely for the user’s research and/or reference purposes, and may not be copied, reproduced, rebroadcasted, or redistributed in any aspect. 

10. Personal Information & Privacy Policy 

Your submission of personal information through the store is governed by our Privacy Policy. For more information, please review our Privacy Policy. 

11. Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (1) for any unlawful purpose; (2) to solicit others to perform or participate in any unlawful acts; (3) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (4) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (5) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (6) to submit false or misleading information; (7) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (8) to collect or track the personal information of others; (9) to spam, phish, pharm, pretext, spider, crawl, or scrape; (10) for any obscene or immoral purpose; or (11) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.  

12. Termination

The Black Pantry reserves the right to suspend or terminate the user’s access to our Service at any time. The user reserves the right to terminate the Terms of Service through cessation of the user’s website usage. 

If in our sole discretion you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

These Terms of Use are effective unless and until terminated by either party. The obligations and liabilities of the parties incurred prior to the termination date shall persist through the termination of this agreement for all purposes. 

13. Limitation of Liability

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.  

In no case shall The Black Pantry, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.  

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

14. Indemnification

You agree to indemnify, defend and hold harmless Made in KC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.  

15. Servability

Should any provision of these Terms of Service be determined unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.  

16. Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).  
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.  

17. Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with United States law.  

18. Contact Information

Questions about the Terms of Service should be sent to us at info@shoptheblackpantry.com.