Terms and Conditions
Terms of Service
Date Effective: January 2019
Strictly News Website Terms and Conditions
Thank you for visiting the Strictly News Tactical Inc website located at www.strictlynews.com (the “Site”). The Site is an Internet property of Strictly News Inc (“Company,” “we,” “our” or “us”). Each end-user visitor to the Site (“User,” “you” or “your”) agrees to the Strictly News Website Terms and Conditions (“Terms and Conditions”), in their entirety, when she/he: (a) accesses or uses the Site; (b) accesses and/or views any of the: (i) links to third party providers of disaster-preparedness and/or survival-related products and services (“Third-Party Links”); and/or (ii) text, video, articles and/or other information pertaining to disaster-preparedness and/or survival-related products and services made available on the Site (the “Informational Content,” and together with the Third-Party Links, the “Content”); (c) enters one of the promotions, sweepstakes and/or contests featured on the Site from time-to-time (collectively, “Promotions”); (d) registers to receive the Strictly News Tactical Inc newsletter (“Newsletter”); (e) purchases any of the merchandise made available by and through the Site and associated Site Offerings (as defined below) (“Merchandise”); (f) accesses links to Company’s social media pages/accounts (collectively, “Social Media Pages”) featured on third-party social media websites, such as Facebook®, Google+®, Instagram®, LinkedIn®, Pinterest®, Snapchat®, Twitter® and YouTube® (collectively, “Social Media Websites”); (g) accesses certain message boards, comment sections, messaging functionality and other interactive features of the Site (“Interactive Services”); and/or (h) utilizes the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, Company (collectively, the “Contact Services,” and together with the Site, Content, Promotions, Newsletter, Merchandise, Social Media Pages and Interactive Services, the “Site Offerings”).
PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF A USER DOES NOT AGREE WITH THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO USE THE SITE OFFERINGS IN ANY MANNER OR FORM.
THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT. NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).
Please be advised that Company does not itself provide disaster-preparedness and/or survival-related products and/or services, and the ultimate terms and conditions of any disaster-preparedness and/or survival-related Content, products and/or services featured by and/or through the Site Offerings including, without limitation, the Merchandise, will be determined solely by the applicable third-party manufacturer and/or distributor of same. RELIANCE ON ANY INFORMATION MADE AVAILABLE TO YOU BY AND THROUGH THE SITE OFFERINGS INCLUDING, WITHOUT LIMITATION, THE CONTENT, IS SOLELY AT YOUR OWN RISK. Company and its third-party Content providers disclaim any and all liability for any loss, damage or injury arising from or related to the use of any disaster-preparedness and/or survival-related Merchandise, products and/or services featured by and/or through the Site Offerings, as well as any Content or other information directly or indirectly obtained through the Site Offerings.
Google+®, Google Pay® and YouTube® are registered trademarks of Google, Inc. (“Google”). Instagram® and Facebook® are registered trademarks of Facebook, Inc. (“Facebook”). LinkedIn® is a registered trademark of LinkedIn Corporation (“LinkedIn”). Pinterest® is a registered trademark of Pinterest, Inc. (“Pinterest”). Snapchat® is a registered trademark of Snap Inc. (“Snapchat”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). Please be advised that Company is not in any way affiliated with Facebook, Google, LinkedIn, Pinterest, Snapchat or Twitter, nor are the Site Offerings endorsed, administered or sponsored by any of the foregoing entities.
1. Scope; Modification of Agreement. The Agreement constitutes the entire and only agreement between Users and Company with respect to Users’ use of the Site Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. Company may amend the Agreement from time to time in its sole discretion, without specific notice to Users; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and Users should review the Agreement prior to using any Site Offerings. By a User’s continued use of the Site Offerings, that User hereby agrees to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).
2. Requirements; Termination of Access to the Site Offerings. The Site Offerings are available only to individuals who can enter into legally binding contracts under applicable law. The Site Offerings are not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdiction). If a User is under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in her/his jurisdiction) and/or if that User is unable to enter into legally binding contracts under applicable law, that User does not have permission to use and/or access the Site Offerings. Company may terminate a User’s access to the Site Offerings at any time and for any reason, in its sole discretion. Such reasons may include, without limitation, where Company believes that such User is: (a) in any way in breach of the Agreement; and/or (b) engaged in any improper conduct in connection with the Site Offerings.
You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Site Offerings. Company does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. Company does not guarantee that the Site Offerings can be accessed: (i) on all mobile devices; (ii) through all wireless service plans; (iii) in connection with all Internet browsers; or (iv) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the Site Offerings through your wireless device. You are fully responsible for all such charges and Company has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.
3. User Data. Where a User attempts to register for the Newsletter, enter a Promotion, purchase Merchandise, utilize the Contact Services and/or utilize other Site Offerings, that User may be required to submit, and Company may collect, some or all of the following information: (a) the User’s full name; (b) the User’s e-mail address; (c) the User’s telephone number; (d) the User’s mailing address (and billing address, if different); (e) information pertaining to the User’s preferred Payment Method (as defined below); and (f) any other information collected via the applicable form (collectively, “Form User Data”).
Where a User accesses the Site Offerings using her/his Facebook® account, Company may collect some or all of the following (depending on the User’s Facebook® account settings and the discretion of Facebook®): (i) the User’s e-mail address; (ii) the User’s Facebook® account ID and the “likes” associated with the User’s Facebook® account; and (iii) any other information collected via the Facebook® account interface, depending on the User’s Facebook® account settings (collectively, “Facebook® Registration Data”).
Where a User accesses the Site Offerings using her/his Google® account, Company may collect some or all of the following (depending on the User’s Google® account settings and the discretion of Google®): (A) the User’s e-mail address; (B) the User’s full name; and (C) the User’s gender (collectively, “Google® Registration Data,” and together with the Form Registration Data and Facebook® Registration Data, the “User Data”).
4. Merchandise; Payment Provisions.
(a) Merchandise. By completing the applicable purchase form, Users can purchase Merchandise on the Site. Where you purchase Merchandise, the credit and/or debit card that you provided on the purchase form, your Apple Pay® account, Google Pay®, PayPal® account, Zelle® account and/or any other payment options offered by Company from time-to-time (collectively, “Payment Method”), will be charged the amount listed, plus applicable sales tax. UNLESS OTHERWISE INDICATED IN SECTION 4(c) BELOW, ALL SALES OF MERCHANDISE ARE FINAL AND NON-REFUNDABLE.
Apple Pay®, is a registered trademark of Apple, Inc. (“Apple”). PayPal® is a registered trademark of PayPal, Inc. (“PayPal”). Zelle® is a registered trademark of Early Warning Services, LLC (“Zelle”). Please be advised that Company is not in any way affiliated with Apple, PayPal or Zelle, and the Site Offerings are not endorsed, administered or sponsored by Apple, PayPal or Zelle.
(b) Merchandise Disclaimers. Please be advised that Company does not itself manufacture or produce the Merchandise. The Merchandise, Merchandise descriptions, statements regarding Merchandise efficacy and photographic images of the Merchandise are provided directly by the Merchandise manufacturers, and not Company, and are reprinted on the Site with the permission of the applicable Merchandise manufacturers. As a result, Company has no control over: (i) the quality, safety or legality of those Merchandise; and/or (ii) the truth or accuracy of those Merchandise descriptions and associated claims regarding efficacy of, or other outcomes associated with, such Merchandise. Company does not warrant that the Merchandise descriptions are accurate, complete, reliable, current or error free. We have made every effort to display as accurately as possible the colors of the Merchandise that appear on the Site. However, as the actual colors you see will depend on your monitor/screen and other factors associated with your computer, mobile device or other device used to access the Site, as applicable, we cannot guarantee that the depiction of any color as viewed by you through your monitor/screen will be accurate.
In the event that Merchandise is listed at an incorrect price point due to a typographical error or an error in pricing information received from our suppliers, Company shall have the right to refuse or cancel any orders placed for the Merchandise so listed at the incorrect price. Company shall have the right to refuse or cancel any order whether or not the order has been confirmed and whether or not the applicable Customer paid for such Merchandise. If a Customer has already paid for Merchandise and that order is cancelled, Company shall immediately issue a credit to that Customer’s payment method in the amount of the subject charge. USE OF THE MERCHANDISE IS SOLELY AT YOUR OWN RISK. Company disclaims any and all liability for any loss, damage or injury arising from or related to any Merchandise. You understand and agree that Company is not responsible or liable in any manner whatsoever for: (A) your use of, or inability to use and/or qualify for, any Merchandise; (B) for any dispute between you and any Merchandise manufacturer, distributor or other third party provider of Merchandise, as applicable; or (C) any modification, suspension or discontinuation of any Merchandise.
(c) Returns Policy. If for any reason you are dissatisfied with a purchase you made from the Site, you may return the Merchandise within thirty (30) days for a full refund, less shipping and handling. Please contact customer service at :
540 227 4946
21 North Broad Street
Suite E #10037
Luray VA 22835
For an authorization number, or complete the form on the back of the packing list, and return the Merchandise within thirty (30) days. Other than as expressly set forth herein to the contrary, Users will be responsible for shipping and handling charges on cancelled and/or returned orders. Due to their nature, specially ordered and made-to-order Merchandise cannot be accepted for return unless the Merchandise was defective prior to shipment of same. If Merchandise is damaged during delivery via a freight carrier, please note the damage on the carrier’s delivery receipt and request an inspection report on the damaged shipment from the carrier to be forwarded to you within ten (10) business days. Please forward the inspection report and original packing list to Company and we will file a claim on your behalf and immediately replace the damaged item(s). If Merchandise is damaged during delivery to you via UPS or Parcel Post, you must note the extent of the damage on the form located on the back of the packing list. Once complete, please forward the form to us and hold the damaged materials for disposition instructions.
(d) General Billing Provisions. Prices are quoted in U.S. Dollars, and are payable in U.S. Dollars. The fees associated with your purchases will appear on your Payment Method statement through the identifier, Strictly News Failure to use the Merchandise does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Company in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), Company reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site and/or purchase of Merchandise after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification. Company’s authorization to provide and bill for Merchandise is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Company’s reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.
(e) Inventory/Backorders. The Site contains Merchandise inventory information. This information can be used to estimate the likelihood that the applicable Merchandise will be shipped immediately after you place your order. Unfortunately, we cannot guarantee that Merchandise listed as “in stock” will actually ship right away, as inventory can change significantly from day-to-day, and hour-to-hour. In rare cases, Merchandise may be in stock when you place your order and sold out by the time that your order is processed. Should this happen, we will notify you via email. Backordered merchandise includes Merchandise that is not currently in stock. In most cases, this Merchandise is on order from the applicable Merchandise Provider(s). In some cases, we are researching or waiting for stock from one or more of our suppliers. Company will make every effort to get Merchandise back in stock as soon as possible. If we are unable to locate and ship Merchandise to you in a reasonable period of time, an order status email will be sent to you. If for any reason we determine that backordered Merchandise is no longer available, we will cancel the Merchandise from your order, notify you immediately via email and delete the item from the Site’s Merchandise offerings.
5. Content; Third Party Links. The Site contains Content which includes, but is not limited to, text, video and other information pertaining to disaster-preparedness and survival-related products and/or services, as well as regularly updated Third Party Links. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein, and on the Site. RELIANCE ON ANY INFORMATION MADE AVAILABLE TO YOU BY AND THROUGH THE CONTENT IS SOLELY AT YOUR OWN RISK. Company and its third-party Content providers disclaim any and all liability for any loss, damage or injury arising from or related to any Content.
6. Promotions. From time-to-time, Strictly News may make certain Promotions available to Users. By providing true and accurate information in connection with the applicable Promotion entry form(s), responding to all Promotions-related communications from Strictly News Tactical Inc and agreeing to the Contest Rules applicable to each Promotion, you can obtain, or attempt to obtain, entries for the chance to win prizes in the applicable Promotion(s). You understand and agree that Strictly News shall not be liable to any end-user or any third-party for any claim in connection with your participation in any of the Promotions.
8. Social Media Pages. The Site contains links to the various Company Social Media Pages. The Social Media Pages are hosted and made available on third-party Social Media Websites by third-party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that Company shall not be liable to you, any other User or any third-party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.
9. Interactive Services.
(a) User Content. In connection with the Interactive Services, Users may be able to upload and/or post certain content, material, communications, feedback and/or other information (collectively, the “User Content”). By making the User Content available by and through the Site Offerings, User provides to Company a perpetual, irrevocable, worldwide license to make same available by and through the Site Offerings. Without limiting the foregoing, User acknowledges and agrees that Company shall be free to utilize certain features and aspects of the User Content in connection with marketing and promoting the Site Offerings to third parties. Each User represents and warrants that she/he owns and/or has any and all rights to publish, display, perform and permit the use of, and grant the license associated with, the User Content as contemplated by the Agreement. Without limiting the foregoing, Company may reject and/or remove any User Content at any time and for any reason, in Company’s sole discretion. Notwithstanding the foregoing, Company undertakes no responsibility to monitor or otherwise police the User Content made available by and through the Site Offerings. Each User and third party agrees that Company shall: (i) have no obligations and incur no liabilities to such party in connection with any such User Content; and (ii) not be liable to any party for any claim in connection with the User Content.
(b) User Content Restrictions. In connection with the User Content, each User agrees not to: (i) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (ii) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in the applicable User’s community, as defined under applicable law; (iii) impersonate any person or entity; (iv) “stalk” or otherwise harass any person; (v) engage in advertising to, or commercial solicitation of, Users or other third parties; (vi) transmit any chain letters, spam or junk e-mail to any Users or other third parties; (vii) express or imply that any statements it makes are endorsed by Company; (viii) harvest or collect personal information of Users or other third parties whether or not for commercial purposes, without their express consent; (ix) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site Offerings or related content; (x) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xi) remove any copyright, trademark or other proprietary rights notices contained within the Site Offerings; (xii) interfere with or disrupt any of the Site Offerings and/or the servers or networks connected to same; (xiii) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xiv) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (xv) “frame” or “mirror” any part of the Site; (xvi) use metatags or code or other devices containing any reference to the Site Offerings in order to direct any person to any other website for any purpose; and/or (xvii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site Offerings or any software used on or in connection with same. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of such User’s account and/or access to some or all of the Site Offerings without notice, in the sole discretion of Company. Company reserves the right to pursue any and all legal remedies against Users that engage in the aforementioned prohibited conduct.
10. Representations and Warranties. Each User hereby represents and warrants to Company as follows: (a) the Agreement constitutes the legal, valid and binding obligation of User which is fully enforceable against such User in accordance with its terms; (b) User understands and agrees that User has independently evaluated the desirability of utilizing the Site Offerings and that User represents that she/he has not relied on any representation and/or warranty other than those set forth in the Agreement; (c) such User’s User Content will not: (i) invade the right of privacy or publicity of any third person; (ii) involve any libelous, obscene, indecent or otherwise unlawful material; (iii) violate any applicable laws, rules or regulations; and/or (iv) infringe upon the rights of any third-parties including, without limitation, those of copyright, patent, trademark, trade secret or other intellectual property right, false advertising, unfair competition, defamation, invasion of rights of celebrity, violation of any anti-discriminatory law or regulation, or any other right of any person or entity; and (d) the performance under this Agreement and the use of the Site Offerings will not violate any applicable laws, rules or regulations.
11. Indemnification. Each User agrees to indemnify, defend and hold Company, its members, officers, directors, employees, agents and attorneys, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and/or expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from and/or related to: (a) that User’s breach of the Agreement and/or any representation or warranty contained herein; (b) that User’s User Content; and/or (c) that User’s unauthorized and/or improper use of the Site Offerings. The provisions of this Section 11 are for the benefit of Company, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
12. License Grant. Each User is granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site Offerings. Company may terminate this license at any time for any reason. Unless otherwise expressly authorized by Company, Users may only use the Site Offerings for their own personal, non-commercial use. No part of the Site Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No User or other third party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Site Offerings except as expressly permitted by Company. No User or other third party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site Offerings, or any portion thereof. No User or other third party may create any “derivative works” by altering any aspect of the Site Offerings. No User or other third party may use the Site Offerings in conjunction with any other third-party content. No User or other third party may exploit any aspect of the Site Offerings for any commercial purposes not expressly permitted by Company. Each User further agrees to indemnify and hold Company harmless for that User’s failure to comply with this Section 12. Company reserves any rights not explicitly granted in the Agreement.
13. Proprietary Rights. The Site Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by any User or other third party of any part of the Site Offerings is strictly prohibited. No User or other third party acquires ownership rights in or to any content, document, software, services or other materials viewed by or through the Site Offerings. The posting of information or material by and through the Site Offerings does not constitute a waiver of any right in or to such information and/or materials. The “Prepper Advantage” name and logo, and all associated graphics, icons and service names, are registered trademarks of Strictly News Tactical Inc All other trademarks appearing on the Site and/or otherwise made available by and through the Site Offerings are the property of their respective owners. The use of any trademark without the applicable trademark owner’s express written consent is strictly prohibited.
14. Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site Offerings is a violation of criminal and civil law and Company will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.
15. Disclaimer of Warranties. THE SITE OFFERINGS AND ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME ARE PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, COMPANY MAKES NO WARRANTY THAT THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME: (A) WILL MEET ANY USER’S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL BE SAFE AND/OR IN COMPLIANCE WITH LAWS APPLICABLE IN YOUR JURISDICTION; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. COMPANY WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM COMPANY OR OTHERWISE THROUGH OR FROM THE SITE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
16. Limitation of Liability. EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT COMPANY SHALL NOT BE LIABLE TO THAT USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE SITE OFFERINGS; (C) ANY DISPUTE BETWEEN ANY USERS, ENTITIES AND/OR OTHER THIRD PARTIES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER DATA; (E) ANY LOSS, DAMAGE OR INJURY ARISING FROM OR RELATED TO THE USE OF ANY DISASTER-PREPAREDNESS AND/OR SURVIVAL-RELATED PRODUCTS AND/OR SERVICES FEATURED BY AND THROUGH THE SITE OFFERINGS; AND (F) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER HEREBY RELEASES COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS ASSOCIATED WITH THE SITE OFFERINGS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF COMPANY TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES ASSOCIATED WITH THE SITE OFFERINGS WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF OR RELATED TO THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY ANY USER OR COMPANY MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND COMPANY. ACCESS TO THE SITE OFFERINGS WOULD NOT BE PROVIDED TO USERS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF COMPANY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
17. Third Party Websites. The Site Offerings contain links to other websites on the Internet that are owned and operated by third parties including, without limitation, the Third-Party Links and Social Media Websites. Company does not control the information, products or services made available on, by or through these third-party websites. The inclusion of any link does not imply endorsement by Company of the applicable website or any association with the website’s operators. Because Company has no control over such websites and/or resources, each User agrees that Company is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of any User’s data privacy by third parties. Each User further agrees that Company shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on, by or through any such site.
18. Editing, Deleting and Modification. Company reserves the right in its sole discretion to edit and/or delete any documents, information or Content appearing on the Site.
20. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in Luray, Virginia and shall be governed by and construed in accordance with the laws of the State Of Virgina (without regard to conflict of law principles). Should a dispute arise concerning the Site Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties in Luray, Virginia, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found Here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is available Here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Company and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Company incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
21. Miscellaneous. To the extent that anything in or associated with the Site Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Notwithstanding the foregoing, to the extent that there is any inconsistency between these Terms and Conditions and any Contest Rules, insofar as an applicable Promotion is concerned, the Contest Rules shall govern. Company’s failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Company may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
22. Contact Us. If you have any questions about the Agreement, Site Offerings or the practices of Company, you may email us as at: firstname.lastname@example.org or contact us below:
21 North Broad Street
Suite E #10037
Luray VA 22835