TERMS OF SERVICE

Last Updated: April 2, 2026

Acceptance of Terms: By accessing, browsing, or purchasing from phatpanda.com ("the Site"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use this Site or purchase any products. Your continued use of the Site following any changes to these Terms constitutes acceptance of those changes.

Eligibility: You must be at least 21 years of age to access this Site, create an account, or purchase any products from Phat Panda. By using this Site, you represent and warrant that you are at least 21 years old, are a legal resident of the United States, and have the legal capacity to enter into a binding agreement. Phat Panda reserves the right to request proof of age at any time, including at the point of purchase and at delivery.

Account Responsibility: If you create an account on our Site, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. Phat Panda is not liable for any loss or damage arising from your failure to protect your account credentials.

Products & Descriptions: All products sold on this Site are derived from hemp and comply with the Agriculture Improvement Act of 2018 (the "Farm Bill"), as codified at 7 U.S.C. § 1639o. All products contain less than 0.3% Delta-9 tetrahydrocannabinol (THC) by dry weight. Product descriptions, images, and specifications are provided for informational purposes and may vary slightly from the actual product due to factors such as photography, display settings, and natural variation in agricultural products. Phat Panda does not guarantee that product descriptions or other content on the Site are error-free, complete, or current.

No Medical Claims — FDA Disclaimer: Our products are not intended to diagnose, treat, cure, mitigate, or prevent any disease or medical condition. The statements made regarding our products have not been evaluated by the U.S. Food and Drug Administration (FDA). The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended as a substitute for professional medical advice, diagnosis, or treatment. Always consult a licensed healthcare provider before using any hemp-derived product, especially if you are pregnant, nursing, taking medication, or have a medical condition.

Pricing & Payment: All prices are listed in U.S. dollars and are subject to change without notice. Phat Panda reserves the right to modify pricing at any time prior to order acceptance. Applicable sales tax will be calculated and added at checkout based on your shipping destination. We accept major credit cards, debit cards, and other payment methods as displayed at checkout. You represent that you are an authorized user of the payment method provided.

Order Acceptance & Fulfillment: Placing an order on our Site constitutes an offer to purchase. All orders are subject to acceptance by Phat Panda. We reserve the right to refuse, cancel, or limit any order for any reason, including but not limited to product availability, errors in pricing or product information, suspected fraud, or orders that violate these Terms. In the event of an order cancellation, we will issue a full refund to your original payment method.

Prohibited Uses: You agree not to use this Site or our products for any unlawful or prohibited purpose. Specifically, you may not: (a) purchase products for resale without written authorization from Phat Panda; (b) provide false or misleading age verification information; (c) purchase products on behalf of any individual under the age of 21; (d) use products in any jurisdiction where such use is prohibited by law; (e) use automated systems, bots, or scraping tools to access the Site; (f) interfere with or disrupt the Site's functionality or security; or (g) use the Site to transmit malicious code or engage in fraudulent activity.

Shipping & Delivery: Please review our Shipping Policy for complete details regarding shipping methods, rates, processing times, and delivery. Risk of loss and title for all products pass to you upon delivery to the carrier. Phat Panda is not responsible for delays caused by the shipping carrier, weather, or other circumstances beyond our control.

Returns & Refunds: Please review our Return Policy for complete details regarding our 30-day satisfaction guarantee, eligibility requirements, and the return process.

Intellectual Property: All content on this Site — including but not limited to text, graphics, logos, brand names (Phat Panda, Cake House, Eluzion, Hot Sugar, Kandy Shoppe, Hot Shotz, Six Fifths, Snickle Fritz), product photography, page layouts, and software — is the exclusive property of Phat Panda or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, display, or create derivative works from any content on this Site without prior written consent from Phat Panda.

User Conduct: You agree to use the Site only for lawful purposes and in a manner that does not infringe upon or restrict the rights of others. You may not attempt to gain unauthorized access to any portion of the Site, its servers, or any systems connected to the Site. Any unauthorized use may result in termination of your access and may subject you to civil and criminal penalties.

Limitation of Liability: To the fullest extent permitted by applicable law, Phat Panda, its officers, directors, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Site or purchase of products, regardless of the cause of action or the theory of liability. In no event shall Phat Panda's total liability to you for all claims exceed the amount you paid for the specific product(s) giving rise to the claim.

Indemnification: You agree to indemnify, defend, and hold harmless Phat Panda and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Site or products; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) your violation of any third-party rights.

Dispute Resolution & Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or your use of the Site shall be resolved through binding arbitration administered in the State of Washington, in accordance with the rules of the American Arbitration Association. You agree that any arbitration shall be conducted on an individual basis and not as a class action or representative proceeding. Nothing in this section shall prevent Phat Panda from seeking injunctive or other equitable relief in a court of competent jurisdiction.

Modifications to Terms: Phat Panda reserves the right to modify these Terms at any time. Updated Terms will be posted on this page with a revised "Last Updated" date. Your continued use of the Site after any such modifications constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.

Severability & Entire Agreement: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. These Terms, together with our Privacy Policy, Shipping Policy, Return Policy, and Hemp Compliance page, constitute the entire agreement between you and Phat Panda regarding your use of the Site.

Contact Information: If you have any questions about these Terms, please contact us at legal@phatpanda.com or write to us at Phat Panda, Washington State, United States.