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Terms of Service

TERMS OF SERVICE

Last Updated: May 15, 2025

OVERVIEW

Welcome to the website of Discount Pantry (referred to as "we," "us," or "our"). This platform provides you with information, tools, and services related to closeout, liquidation, and short-dated products. By accessing or using our website, you agree to these Terms of Service in their entirety.

When you purchase from us or utilize our website in any capacity, you engage with our "Service" and thereby agree to be bound by these terms and conditions, along with any additional terms referenced through links or direct mentions. These conditions apply to all site users, including customers, vendors, content creators, and browsers.

Your agreement to these terms is a prerequisite for using our site. If you disagree with any of these conditions, you may not access or use the website and its services. These terms constitute our offer, and your acceptance is strictly limited to these conditions as presented.

Our site evolves continuously, with new features and tools added regularly. All such additions fall under these Terms of Service. For the most recent version, please refer to this page. We reserve the right to modify these terms at any time and will notify you of such changes on our website. Your continued use after changes implies acceptance of the updated terms.

Discount Pantry's online presence is powered by Shopify Inc., the e-commerce platform that facilitates our product and service offerings.

SECTION 1 - ONLINE STORE TERMS

By accessing and using this site, you confirm that:

  1. You are of legal age in your jurisdiction of residence
  2. If acting on behalf of a minor, you have the legal authority to do so
  3. You will not use our products for unauthorized or illegal activities
  4. You will not violate any laws, including copyright laws, in your jurisdiction
  5. You will not transmit harmful software, viruses, or malicious code
  6. You understand that violation of these terms will result in immediate termination of your access

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone at any time for any reason. During your use of our service:

  1. Your content (excluding credit card details) may be transferred unencrypted
  2. Data transmission may involve various networks and modifications to meet technical requirements
  3. Your credit card information is always encrypted during transmission
  4. You are prohibited from copying, reproducing, selling, or exploiting any part of our Service or website content without explicit written permission
  5. You may not use any data mining, robots, or similar data gathering methods

SECTION 3 - ACCURACY OF INFORMATION

While we strive for accuracy throughout our site:

  1. We cannot guarantee that all information is current, complete, or correct
  2. Product information, including pricing, descriptions, and availability, is subject to change without notice
  3. Content should be used as reference only and not as the sole basis for decision-making
  4. Historical content is provided for reference purposes only
  5. We may update site content at our discretion without obligation to maintain historical versions
  6. We are not responsible for inaccuracies related to product expiration dates, condition, or packaging variations

SECTION 4 - SERVICE AND PRICE CHANGES

With respect to our products and services:

  1. Prices are subject to change without prior notice
  2. We reserve the right to modify or discontinue any Service without prior notification
  3. We shall not be liable to you or any third party for price changes, service modifications, or service discontinuation
  4. Closeout and liquidation prices are based on available inventory and market conditions
  5. Promotional pricing is temporary and subject to expiration without notice
  6. Wholesale pricing is subject to separate terms and minimum order requirements

SECTION 5 - PRODUCTS AND SERVICES

Regarding our product offerings:

  1. Many products are available exclusively online and in limited quantities
  2. All sales are final unless items arrive damaged or materially incorrect
  3. We strive to display product colors and images accurately, but cannot guarantee your monitor will display them accurately
  4. We reserve the right to limit sales or quantities and discontinue products at our discretion
  5. We do not guarantee that products will meet your expectations
  6. We clearly indicate when products are close-dated, shelf-pulls, or liquidation items
  7. You acknowledge that closeout merchandise may have packaging variations or cosmetic imperfections
  8. We do not guarantee specific expiration dates beyond what is stated in the product listing

SECTION 6 - BILLING AND ACCOUNT INFORMATION

In relation to orders and billing:

  1. We reserve the right to refuse any order placed through our site
  2. We may limit or cancel quantities purchased per person, household, or order
  3. Order cancellations, if allowed, must occur before order processing begins
  4. You must provide accurate, complete, and current purchase information
  5. You agree to promptly update your account and other information, including email and credit card numbers
  6. We process all payments in US Dollars (USD)
  7. Orders placed before noon PST on business days (Monday-Friday) typically ship the same day
  8. We may hold orders for verification or fraud prevention purposes

SECTION 7 - THIRD-PARTY TOOLS

We may offer third-party tools or services:

  1. We provide these tools without warranties or endorsements
  2. Your use of third-party tools is entirely at your own risk
  3. You should review the terms and policies of any third-party tools
  4. We accept no liability for your use of optional third-party tools
  5. Future site features or new services will be subject to these Terms

SECTION 8 - THIRD-PARTY LINKS

When our site contains links to third-party websites or services:

  1. We are not responsible for third-party content, materials, websites, or services
  2. We do not monitor or evaluate third-party content or accuracy
  3. We hold no liability for damages related to third-party purchases or interactions
  4. You should review the third party's terms and conditions before engaging in transactions
  5. Complaints, claims, or questions regarding third-party products should be directed to the third party

SECTION 9 - USER COMMENTS AND FEEDBACK

If you submit comments, ideas, or feedback:

  1. We may use these without restriction or compensation
  2. We are not obligated to maintain any submissions as confidential
  3. We may monitor, edit, or remove content we deem offensive, illegal, or rights-violating
  4. You retain ownership of your content but grant us a perpetual license to use it
  5. You confirm that your submissions do not violate any third-party rights

SECTION 10 - PERSONAL INFORMATION

Our Privacy Policy (available separately) governs the handling of personal information. You acknowledge that:

  1. We collect personal information necessary to process orders
  2. We implement security measures but cannot guarantee absolute security
  3. Third-party payment processors handle payment information according to their privacy policies
  4. We use cookies and similar technologies to enhance your experience
  5. We may share anonymized data for analytics and business purposes

SECTION 11 - ERRORS AND OMISSIONS

Regarding site errors or inaccuracies:

  1. Our site may contain typographical errors, inaccuracies, or outdated information
  2. We reserve the right to correct errors or omissions without prior notice
  3. We update information periodically but make no commitment to update all content
  4. We are not responsible for errors in pricing or product information
  5. In the event of a pricing error, we reserve the right to cancel any orders placed at the incorrect price

SECTION 12 - PROHIBITED USES

You must not use our site or content for:

  1. Any unlawful purpose or to violate any laws
  2. Harassing, abusing, or threatening others
  3. Impersonating any person or entity
  4. Uploading viruses or malicious code
  5. Interfering with site security features
  6. Collecting user information without consent
  7. Framing our site without authorization
  8. Bulk purchasing for unauthorized resale
  9. Attempting to gain unauthorized access to our systems
  10. Using our platform for high-risk activities

Violations may result in immediate termination of your access and potential legal action.

SECTION 13 - DISCLAIMERS AND LIMITATIONS

Your use of our Service is at your own risk:

  1. The Service is provided on an "as is" and "as available" basis
  2. We do not guarantee uninterrupted, secure, or error-free service
  3. We, our directors, employees, and affiliates shall not be liable for any direct, indirect, incidental, special, or consequential damages
  4. Our maximum liability is limited to the amount paid for the products purchased
  5. Some jurisdictions do not allow exclusion of implied warranties, so some exclusions may not apply
  6. California residents waive California Civil Code §1542

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Discount Pantry and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, arising from:

  1. Your violation of these Terms of Service
  2. Your violation of any law or third-party rights
  3. Your use of the Service or products purchased through our site

SECTION 15 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable:

  1. The provision will be enforceable to the maximum extent permissible
  2. The unenforceable portion will be deemed severable from these Terms
  3. The determination will not affect the validity and enforceability of any other remaining provisions

SECTION 16 - TERMINATION

The obligations and liabilities incurred prior to termination will survive termination of this agreement. These Terms of Service are effective unless and until terminated by either you or us.

  1. You may terminate by ceasing to use our website
  2. We may terminate your access for breaches of the Terms
  3. Upon termination, your right to use the Service ceases immediately
  4. Termination does not relieve you of any payment obligations

SECTION 17 - ENTIRE AGREEMENT

These Terms of Service, along with any policies posted on our site, constitute the entire agreement between you and Discount Pantry, superseding any prior agreements or communications.

SECTION 18 - GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of the United States and the State of Nevada, without regard to its conflict of law provisions. Any disputes relating to these terms will be adjudicated in the courts of Clark County, Nevada.

SECTION 19 - CHANGES TO THESE TERMS

We reserve the right to update, change, or replace any part of these Terms of Service by posting updates on our website. It is your responsibility to check our website periodically for changes. Your continued use of the website following the posting of any changes constitutes acceptance of those changes.

SECTION 20 - ARBITRATION AND DISPUTE RESOLUTION

Any dispute arising from or relating to these Terms or your use of the Service shall be resolved as follows:

  1. Mandatory Arbitration: Any dispute shall be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration will be conducted in Las Vegas, Nevada, unless we mutually agree otherwise.

  2. Class Action Waiver: You waive any right to participate in a class action lawsuit or class-wide arbitration. All disputes must be brought in your individual capacity, not as a representative plaintiff or class member.

  3. Pre-Arbitration Notice Requirement: Before initiating any arbitration, you must first send a written Notice of Dispute to help@discountpantry.com describing the nature and basis of the claim and the relief sought. We will have 60 days after receipt of your notice to attempt to resolve the dispute. If we cannot resolve the dispute within 60 days, either party may initiate arbitration proceedings.

  4. Small Claims Option: Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the scope of such court's jurisdiction.

  5. Injunctive Relief: Nothing in this section precludes you or Discount Pantry from seeking injunctive relief in a court of competent jurisdiction.

  6. Fees and Costs: The arbitrator may award declaratory or injunctive relief and allocate fees and costs in accordance with applicable law.

  7. Opt-Out: You may opt out of this arbitration agreement by sending written notice to help@discountpantry.com within 30 days of your first use of our Service.

SECTION 21 - SITE MONITORING AND AUTOMATED ACCESS RESTRICTIONS

  1. Automated Access Prohibited: You agree not to use any automated means, including but not limited to scrapers, bots, spiders, or automated scripts, to access, monitor, copy, or extract data from our website without our prior written consent. Automated requests that exceed a reasonable rate or place an undue burden on our servers are strictly prohibited.

  2. Authorized Monitoring: We monitor site usage to detect and prevent abusive practices. By using our site, you acknowledge and consent to such monitoring.

  3. API Usage: Access to our data via API is subject to separate terms and requires explicit written permission.

  4. Legal Compliance Obligations: If you are accessing our site for purposes of ensuring legal compliance, you must first contact us at help@discountpantry.com to establish an authorized monitoring relationship. Failure to do so constitutes a violation of these Terms.

  5. CFAA Acknowledgment: Unauthorized access that exceeds or attempts to circumvent our technical access controls may violate the Computer Fraud and Abuse Act and similar state laws.

SECTION 22 - CONTACT INFORMATION

For questions about these Terms of Service, please contact us at:

Discount Pantry
Email: help@discountpantry.com
Phone: +1 760-593-7133
Address: 5708 Twilight Chase Street, Las Vegas, Nevada 89130, United States