Last Updated: 05/23/2020
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY USING OUR SITES, INCLUDING PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE, OR OTHERWISE USE ANY OF OUR SITES, IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT, (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW, OR (D) ARE NOT A CITIZEN OR RESIDENT OF THE UNITED STATES OR ANY OF ITS TERRITORIES OR POSSESSIONS.
- Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. We do not typically ship to any address outside the United States, its territories, or possessions, and any requests to do so may be grounds for our declination of your order.
Prices and Payment Terms.
- All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such applicable taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
- We may offer from time to time promotions on any of our Sites that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
- Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the “Payment Information” (including any credit or debit card information) you supply to us is true, correct and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your credit card company or other company facilitating your payment, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
Shipments; Delivery; Title and Risk of Loss.
- We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
- Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
- Item Returns and Exchanges. Except for any products designated on the Site as final sale or non-returnable, we will accept a return of the products for an exchange of the same product or another product of equal or lesser value, less the original shipping and handling costs, provided such return is made within 30 days of delivery with valid proof of purchase and provided such products are returned in their original condition. To return products, you must call email our Returns Department at email@example.com to obtain further instructions to process your return. No returns of any type will be accepted without first notifying our Returns Department.
You are responsible for all shipping and handling charges on returned items unless otherwise specified. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
Exchange credits are processed within approximately three business days of our receipt of your merchandise. WE OFFER NO REFUNDS OR EXCHANGES ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
For defective returns outside of those available above, please refer to the manufacturer's warranty (see Section 5) included with the product or as detailed in the product's description on our Site, if any is available.
- Manufacturer's Warranty and Disclaimers. We do not manufacture or control any of the products or services offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Site. However, the products and services offered on our Site may be covered by the manufacturer's warranty if any exists (as may be detailed in the product's description on our Sites and included with the product). To obtain warranty service for defective products covered by a manufacturer’s warranty, please follow the instructions included in that manufacturer's warranty.
ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES. IF THE ABOVE DISCLAIMER MAY NOT BY LAW FULLY APPLY TO YOU, THEN IT APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE, OR $100 IF AND ONLY IF YOUR CLAIM IS NOT RELATED TO A GOOD OR SERVICE ORDERED THROUGH THE SITE.
The limitation of liability set forth above shall only apply to the fullest extent permitted by law.
By purchasing any product through our Site, you acknowledge and agree to the foregoing. Further, you represent and warrant that you: (a) will read and will comply with any instructions, manuals, warnings, and guidance included with the product; (b) possess the skill, maturity, and experience reasonably necessary to operate the product safely and as intended; and (c) will only use any product purchased on this Site for its intended purposes and only in the manner as directed.
- Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
- Accessing a Website. We reserve the right to withdraw or amend our Sites, and any service or material we provide on our Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of a Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of any Website, or an entire Website.
You are responsible for both:
- Making all arrangements necessary for you to have access to our Sites.
- Ensuring that all persons who access our Sites through your internet connection are aware of these Terms and comply with them.
- Intellectual Property Rights. Our Sites and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on any of our Sites, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of any Website for your own personal use and not for further reproduction, publication, or distribution.
- In no case may you modify copies of any materials from this Site.
- In no case may you delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
If you wish to make any use of material on our Sites other than that set out in this section, please address your request to: firstname.lastname@example.org
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of any of our Sites in breach of the Terms, your right to use that Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to our Sites or any content on our Sites is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of our Sites not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
- Trademarks. The Company name, the terms “Preppers Peak,” “Patriot Brother,” and “Patriot Wear,” and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on our Sites are the trademarks of their respective owners.
Prohibited Uses. You may use our Sites only for lawful purposes and in accordance with these Terms. You agree not to use or access our Sites:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any conduct that restricts or inhibits anyone's use or enjoyment of any of our Sites, or which, as determined by us, may harm the Company or users, or expose them to liability.
- In any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of any of our Sites, including their ability to engage in real time activities through our Sites.
- With any robot, spider, or other automatic device, process, or means to access our Sites for any unauthorized purpose, including monitoring or copying any of the material on one of our Sites.
- With any manual process to monitor or copy any of the material on our Sites, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
- With any device, software, or routine that interferes with the proper working of any of our Sites.
- To introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- To obtain or attempt to obtain any information from any of our Sites including, without limitation, email addresses or phone numbers of other users or purchasers or other software data.
- To intercept, examine or otherwise observe any proprietary communications protocol used by our Site, whether through the use of a network analyzer, packet sniffer or other device
- To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of any of our Sites, the server on which any of our Sites are stored, or any server, computer, or database connected to any of our Sites.
- To attack any of our Sites via a denial-of-service attack or a distributed denial-of-service attack.
- To otherwise attempt to interfere with the proper working of any of our Sites.
- From any area in the European Economic Area or Canada.
- If you are a citizen or resident of Canada or any member state of the European Union or the European Economic Area.
Monitoring and Enforcement; Termination. We have the right to:
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of any of our Sites.
- Terminate or suspend your access to all or part of any of our Sites for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone using or accessing any materials on or through our Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
- Linking to our Sites. You may link to our homepage(s) or any of our items’ listing pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
- Links from our Sites. If any of our Sites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked from this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
- Geographic Restrictions. We provide our Sites for use only by persons located in the United States. We make no claims that any Site or any of its content is accessible or appropriate outside of the United States. Access to any Site may not be legal by certain persons or in certain countries. We may use geoblocking or other technologies to limit or restrict access from certain geographic areas at our discretion. If you access any of our Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
- Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
- Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Arizona.
Dispute Resolution and Binding Arbitration.
- YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE OR TO YOUR USE OF THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
- The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 19. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR STREAM SYSTEMS INCORP. WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
- Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. These Terms do not and are not intended to confer any rights or remedies upon any person other than you. We may assign our rights under these Terms or any purchase made by you to any person or entity without your consent. Any purported assignment or delegation in violation of this Section 20 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
- No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by our duly authorized representative.
- Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, ANY PURCHASE MADE THROUGH ANY OF OUR SITE(S), OR TO YOUR ACCESS TO OUR SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- To You. We may provide any notice to you under these Terms by the more appropriate of either: (i) sending a message to the email address you provide or (ii) by posting to a Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
- To Us. To give us notice under these Terms, you must contact us as follows by personal delivery, overnight courier, or registered or certified mail to 2588 El Camino Real F-610, Carlsbad, CA 92008 ATTN: Compliance Officer. We may update the address for notices to us by updating these terms or by posting a notice on our Sites. Notices will be effective immediately upon receipt.
- Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
- Your Comments and Concerns. This website is operated by Stream Services Incorp., 2588 El Camino Real F-610, Carlsbad, CA 92008. All feedback, comments, requests for technical support, and other communications relating to our Sites or our goods or services (though excluding any formal notice subject to the requirements of Section 23(b) of these Terms) should be directed to: email@example.com.