Terms

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.  Your use of this Living Patriot, Inc (the “Company”) website (the “Site”) is expressly conditioned on your acceptance of the following terms and conditions.  By using the Site, you signify your assent to these terms and conditions.  If you do not agree with any part of the following terms and conditions, you must not use the Site.

  1. OWNERSHIP. Except for items in the public domain, the information, photos, graphics, programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and all other materials comprising the Site (collectively, the "Materials"), are wholly owned by (or licensed to) The Company and/or its content providers.  The Site contains copyrighted material, trademarks, and other proprietary information including, without limitation, inventory information, vender information, text, software, photos, video, graphics, music and sound, and the entire contents of the Site is copyrighted under the United States copyright laws.  The Company owns a copyright in the selection, coordination, arrangement, and enhancement of such content as well as in any original content.  Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Materials without the written permission of The Company or such other party that may own the Materials.
  1. USE OF SITE. The Company grants you a non-exclusive, non-transferable, limited right to access the Site and the Materials available on the Site, provided that you comply fully with these Terms and Conditions.  You agree not to interrupt, or attempt to interrupt, the operation of this Site in any way.  Except for your use, the Site, in whole or in part, may not be sold, reproduced, published, broadcasted via radio or television, or redistributed in any medium, directly or indirectly, for any commercial or non-commercial purpose, or used for advertising or any other purpose. Unauthorized use of the Site and/or the Materials may violate applicable copyright, trademark or other intellectual property laws or other laws.  You must retain all copyright and trademark notices, including any other proprietary notices, contained in the Materials.  The use of such Materials on any other website or in any environment of networked computers is prohibited.  You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
  1. 3. Username and password. You acknowledge that you must have a username and password to access the Site.  You authorize The Company to process any and all account transactions initiated through the use of your username and password.  You are solely responsible for maintaining the confidentiality of your username and password and must immediately notify The Company of any unauthorized use of your username and password. You acknowledge and agree that you are responsible for any unauthorized activities, charges, damages, and/or liabilities made through the use of you username and password.  In no event will The Company be liable for the unauthorized use or misuse of your username and/or password.
  1. CONFIDENTIAL INFORMATION. Those areas of the Site which you access by using a password or other security device contains proprietary and confidential information on The Company and its suppliers, including but not limited to inventory data, purchase orders, delivery requirements, and technical and marketing information ("Company Confidential Information"). By accessing Company Confidential Information, you agree to keep this information confidential and to use the information solely for the purpose of maintaining your account and conducting business with Company. You also agree to be careful with Company Confidential Information. You agree to only disclose Company Confidential Information within your company to employees on a "need to know" basis. Such employees shall be instructed and agree not to disclose Company Confidential Information and not to use the Company Confidential Information for any purpose not permitted by this agreement. You will not alter, decompile, disassemble, reverse engineer, or modify any Company Confidential Information that you receive.

    The Company discourages you from sending it any information that you consider to be confidential or proprietary through this Site. Please note that if you do send us any such information or material, the Company will assume it is not confidential. By sending the Company information or material, you grant the Company an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that the Company is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. 
  1. RESPONSIBILITY. You represent that you have sufficient authority to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site.  You understand that you are financially responsible for all uses of the Site by you.  You represent that you are of sufficient legal age to use the Website and to create binding legal obligations for any liability you may incur as a result of the use of the Website. You understand that you are responsible for all uses of the Website by you and those using your login information.
  1. INVENTORY INFORMATION. The Company attempts to be as accurate as possible. However, the Company does not warrant the inventory information or other content on this Site is accurate, complete, reliable, current, or error-free.
  1. NO WARRANTIES, DISCLAIMER. Your use of the Site is at your sole risk.  You assume full responsibility and risk of loss resulting from the use of this Site.  Neither the Company nor any of its content providers endorse or stand behind the accuracy, truthfulness or reliability of any information provided on or by means of the Company.

THE SITE IS PROVIDED "AS IS", AND NEITHER THE COMPANY NOR ANY OF ITS SUPPLIERS, CONTENT PROVIDERS, LICENSORS, EMPLOYEES, AGENTS, OR THE LIKE MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF.  No oral advice or written information given to you by the Company or any of its content providers, agents, or the like shall create any warranty.  Neither the Company nor any of its content providers, agents, or the like warrants that access to, or use of, the Site will be uninterrupted, virus free, or error-free, or that the Site (including, without limitation, any content on the Site) will meet any particular criteria of performance or quality.  TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ON BEHALF OF ITSELF AND ALL OF ITS CONTENT PROVIDERS, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT THE COMPANY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE SITE AND PRODUCTS SOLD BY THE COMPANY.  FURTHERMORE, THE COMPANY, ON BEHALF OF ITSELF AND ALL OF ITS CONTENT PROVIDERS, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE SITE.

THE COMPANY DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

  1. LIMITATION OF LIABILITY. The Company and all of its content providers, agents and the like, in each instance will not be liable for (a) any direct, indirect, incidental, consequential and/or special damages arising out of your use of, or inability to use, the Site, and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if the Company has been advised of the possibility of such damages, and/or (b) damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of any file, in each instance whether for breach of contract, tortious behavior, negligence, or under any other cause of action. For further clarity, in all events, the Company and all of its content providers, agents and the like shall not be liable for the defamatory, offensive, or illegal conduct of other users of the Internet.

Some jurisdictions do not allow implied warranties to be excluded or modified or liability to be limited, so not all of the above limitations may apply to you.

The provisions of this Section 8 and Section 7 above represent a reasonable allocation of the risks under this Agreement.  The Company’s willingness to allow you to use the Site reflects this allocation of risk and the limitations of liability specified herein.

  1. INDEMNIFICATION. You agree to indemnify the Company and all of its content providers, agents and the like, in each instance from and against any and all claims, suits, liabilities, expenses (including, without limitation, attorneys' fees), and/or damages arising out of claims based upon your use of the Site or information on the Site, including, without limitation, any claim of libel, defamation, violation of legal rights of others (including rights of privacy or publicity), loss of service by other subscribers and/or infringement of intellectual property or other rights.
  1. LINKS. The Site may contain links to websites operated by parties other than the Company.  Such links are provided for your reference only.  The Company does not control such websites and is not responsible for their contents.  The Company makes no representation or warranty regarding any other websites or the contents or materials on such websites.  The Site’s inclusion of links to other websites does not imply the Company’ endorsement of the material on the websites or any association with their operators.  Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource
  1. RELATIONSHIP. The relationship between the Company and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
  1. GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the state of Missouri, United States of America, without regard to its conflict of law provisions.  You consent and submit to the exclusive jurisdiction of the state and federal courts located in St. Louis County, the state of Missouri, United States of America, in all questions and controversies arising out of your use of this site and this Agreement.
  1. NO WAIVER. The failure of either party to insist upon or enforce strict performance by the other party of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.  Neither the course of conduct between you and the Company nor the trade practice shall modify any provision of these Terms and Conditions.
  1. ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
  1. MODIFICATION. The Company may make improvements or changes to the information, services, products, and other material on this Site, or terminate this Site, at any time without notice. Your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.
  1. ADDITIONAL TERMS. Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions.
  1. SEVERABILITY. These terms and conditions shall be deemed severable.  In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
  1. HEADINGS. The headings used in these Terms and Conditions are included by convenience only and will not limit or otherwise affect these Terms and Conditions.
  1. INTELLECTUAL PROPERTY NOTICES. All contents of the Site are Copyright Ó 2009 Living Patriot, Inc and/or its suppliers.  All rights reserved.  Living Patriot and other names of Living Patriot, Inc services referenced in the Site are trademarks or registered trademarks of the Company.  Other product and company names mentioned in the Site are the trademarks of their respective owners.
  1. PRIVACY. You have read the Website Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by Living Patriot and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the Website Privacy Policy that is posted and accessible on the Website.
  1. ENTIRE AGREEMENT. These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.

 

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