TERMS OF SERVICE
Thank you for visiting our predatorwarpaint.com Web site, which includes its related subdomains, services, websites, and tools (“Site”), owned and operated by Predator Warpaint. “Predator Warpaint” or “we,” “us,” “our” and similar references, as used herein, refer to Predator Warpaint, Inc., and its subsidiaries, divisions and affiliates. While you can access some portions of the Site without becoming a Member (See the Membership section, below, for Membership definitions, qualifications and requirements), you will not be able to view the special pricing and actually purchase products through our special pricing relationships with our vendor-suppliers (“Vendor-Partners”) on our e-commerce marketplace or take advantage, through secured links, of privileged pricing and special deals from our participating affiliate companies (“Affiliate-Partners”) through our Predator Warpaint Advantage Program, and access certain other features. Membership is considered a privilege reserved for current, veterans, reserve or retired members in good standing of the U.S. military and other qualifying government agencies. We offer not only popular brands but also new and “discoverable” brands we believe have special appeal to our Members. Predator Warpaint Members must not only register, they will undergo a verification process to confirm they are an active, reserve or retired member of the U.S. Military or other qualifying government agency or a member of a U.S. Military branch association or government trade association or union that is an association partner of Predator Warpaint (“Association-Partner”) and must maintain such Association-Partner membership status, in good standing, throughout their Membership.
1. USE OF THE SITE.
Access to and use of password protected and/or secure areas of the Site is restricted to Member users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Membership in the Site is available to persons who are 18 years and older, who have properly registered, and whose registration and proof of (i) a qualifying federal, state or local government employment or retirement status has been accepted and verified by us, (ii) are members in good standing with a Predator Warpaint Association–Partner, or (iii) the spouse of a registered Predator Warpaint Member through our spouse account invitation and approval program, and who have not been suspended or removed by Predator Warpaint for any reason (a “Member,” or “Membership”).
By completing a Membership Application, You agree that Predator Warpaint may utilize the information provided by you, including identification information and documents, to verify your current and/or veteran/retired status with the associated U.S. Military or Federal, state or local government agency, Predator Warpaint Association-Partner, directly or through a government employee identification service, or status as a spouse of a Member (collectively, “Verification Sources”). You further agree that Predator Warpaint may reaffirm or re-verify your status with the Verification Sources as needed or required.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and you are liable for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.
3. ADDITIONAL TERMS AND CONDITIONS.
4. LIMITATIONS AND PRODUCT LIABILITY.
The Vendor-Partner or Affiliate-Partner is the provider of the goods and/or services that you purchase through the Site and, as such, the Vendor-Partner or Affiliate-Partner shall be fully responsible for any and all loss or damage of any kind, including personal injury or death, (whether in tort, contract, or strict liability) arising out of or related to the purchased product or service. Predator Warpaint does not process the purchase, payment of or shipping related to any product or service you purchase from any Vendor-Partner or Affiliate-Partner. Predator Warpaint is not liable for any purchase, payment or shipping errors, damage, harm or losses, and is not responsible for the payment processing or security of any of its Vendor-Partners or Affiliate-Partners. Your transactions and interactions with any Vendor-Partner or Affiliate-Partner are governed solely by their respective purchase, warranty, return and other policies. You waive all claims against and release Predator Warpaint and its officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, and suppliers (other than Vendor-Partners and Affiliate-Partners), from any liability or responsibility for any harm, damages or losses arising out of your purchase of products or services on the Site or otherwise from Vendor-Partners or Affiliate-Partners. If you have problems with our Vendor-Partners, Affiliate-Partner or their goods, services and/or experiences provided, or to be provided, in connection with a purchase, we will use reasonable efforts to assist you in dealing with them.
Predator Warpaint MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GOODS OR SERVICES PURCHASED ON THE SITE OR THROUGH ANY LINK ON THE SITE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL Predator Warpaint BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH SUCH GOODS OR SERVICES.
5. MEMBER POSTINGS, TESTIMONIALS AND REVIEWS.
The Site may provide Members with the ability to send testimonials to us, to post messages and reviews of products and services on the Site and provide other information, materials or opinions. You are solely responsible for your account, password, profile, messages, notes, text, information, opinions, testimonials, reviews, ideas and any other content you post, upload, submit, publish, or display (hereinafter “post”) on or through the Site, or transmit to or share with other Members (collectively, the “Member Content”). Any Member Content that is posted is public and will not be treated as confidential. Predator Warpaint has the right but not the obligation to monitor and decline, edit, or remove (without notice) all or any portion of any Member Content for any reason or no reason. If Predator Warpaint chooses at any time, in its sole discretion, to monitor Member Content, it still has no responsibility for the Member Content or for the conduct of the Member posting the Member Content or to edit or remove any Member Content, except as required to comply with copyright or other applicable laws. If you are involved in a dispute with one or more Members of Predator Warpaint, you release Predator Warpaint and its Vendor-Partners and Affiliate-Partners (including our and their officers, directors, employees and agents) from claims, demands, and damages (actual and consequential) of every kind arising out of or in any way connected to any dispute.
When you post or otherwise make available any Member Content for inclusion on any part of the Site, you are hereby granting Predator Warpaint an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, transmit, reproduce, adapt, modify, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), create collective works and distribute such Member Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, or for Predator Warpaint’s business, including without limitation, for promoting and redistributing part or all of the Site (and derivative works thereof) in any media or distribution method (now known or later developed), to prepare derivative works of, or incorporate into other works, such Member Content, and to grant and authorize sublicenses of the foregoing. For this reason, do not post or otherwise make available to us any Member Content that you do not wish to license to us. You represent and warrant that you will not provide any Member Content to which you do not have the full right to grant the license specified in this Section. You waive all “moral rights” and similar rights in the Member Content which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant to Predator Warpaint that Predator Warpaint is free to exercise its rights to and/or implement your Member Content if it so desires, without obtaining permission or license from any third party and without reference or compensation to you or any other person.
6. ACCURACY OF CONTENT; LIMITATIONS ON PRODUCT QUANTITY AND AVAILABILITY.
Excluding Member Content, the information on this Site is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. We will use reasonable efforts to correct errors as soon as practicable. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation, and to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend, or terminate an event or promotion (i.e., “Predator Warpaint Deal of the Day”) at any time without notice (including after an order has been submitted and/ or acknowledged). The inclusion of any products, services on this Site at a particular time does not guarantee that the products or services will be available. If a product or service offered and sold on the Site is not as described, your sole remedy is to return it subject to the terms set forth herein and subject to the return policy of the relevant Vendor-Partner or Affiliate-Partner.
7. PROPRIETARY RIGHTS.
8. LINKS TO AND FROM THIRD-PARTY WEBSITES; NO IMPLIED ENDORSEMENTS.
This Site may contain links to our Vendor-Partners, Affiliate-Partners, Association-Partners and other websites on the Internet. You acknowledge that we have no control over such websites and that we are not responsible nor do we have any liability for the accuracy, content, legality, products, services, security or any other aspect of any linked website. In no event shall any reference to any third party, third party website, or third party product or service be construed as an approval or endorsement by us of that third party, third party website, or of any product or service provided by a third party. In addition, we may have marketing, linking or other affiliations with other businesses or organizations, which may include fraternal or nonprofit organizations for the benefit of military or governmental personnel or retirees (“marketing affiliates”), whose websites contain links to this Site. You agree that these marketing, linking or other arrangements shall not be construed as an approval or endorsement by any of our marketing affiliates of any product or service provided on this Site. You also agree that our marketing affiliates do not assume nor bear any responsibility or liability for the accuracy, content, legality, products, services or any other aspect of Predator Warpaint, our Vendor-Partners Affiliate-Partners or this Site.
Predator Warpaint is not and shall not be at any time responsible or liable for any loss or damage of any kind, including personal injury or death, (whether in tort, contract, or strict liability) arising out of or related to any product or service sold or offered through the Site, any Member Content, or any act or omission by Members of the Site, Predator Warpaint or by any third party or by any of the equipment or programming associated with or utilized by the Site. Any content submitted by our Vendor-Partners or Affiliate-Partners does not necessarily reflect the opinions or policies of Predator Warpaint. Predator Warpaint assumes no responsibility for any error, omission, interruption, delay, communications line failure, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to, or alteration of, any Member Content or other Member communications on the Site. Predator Warpaint is not responsible for any problems or technical malfunction of any telephone or cable network or lines, computer systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Site, including any injury or damage to Member’s or other person’s computer related to or resulting from participation on or through the Site. Predator Warpaint is not responsible for the activities of third-party unauthorized users, hackers or other individuals who gain unauthorized access to the Predator Warpaint site and information therein. THE SITE, ITS CONTENT AND ALL TEXT, IMAGES, MERCHANDISE, SERVICES AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, Predator Warpaint DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (ii) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11. LIMITATION OF LIABILITY.
IN NO EVENT SHALL Predator Warpaint OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, DISTRIBUTORS, SUPPLIERS, VENDOR-PARTNERS, AFFILIATE-PARTNERS OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF PRODUCTS OR SERVICES OFFERED OR SOLD THROUGH THE SITE, THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY Predator Warpaint OR ITS VENDOR-PARTNERS OR AFFILIATE-PARTNERS, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF Predator Warpaint HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF Predator Warpaint OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, DISTRIBUTORS, SUPPLIERS, VENDOR-PARTNERS, AFFILIATE-PARTNERS OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO Predator Warpaint IN CONNECTION WITH THE APPLICABLE MERCHANDISE, SERVICE, EVENT, PROMOTION, TRANSACTION OR CIRCUMSTANCES GIVING RISE TO SUCH LIABILITY. YOUR SOLE REMEDY AGAINST Predator Warpaint FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise, products, services and experiences available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such states some or all of the above disclaimers or exclusions may not apply and liability will be imposed to the fullest extent permitted by applicable law.
12. INTERNATIONAL USE.
We do not make shipments outside the United States other than through APO/ FPO addresses and, therefore, make no representation that information or products on this Site are appropriate or available for use or export outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
13. RISK OF LOSS.
The items purchased from our Site are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items pass to you upon our Vendor-Partner’s delivery to the carrier. We and our Vendor-Partners will assist you in initiating a claim under such shipping arrangements.
14. UNAVAILABILITY OF SITE; TERMINATION; FRAUD.
15. COPYRIGHT INFRINGEMENT; NOTICE AND TAKE DOWN PROCEDURES.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that any materials on this Site infringe your copyright, you may provide written notice of such and request that they be removed. To be effective, this notice and request must contain certain elements specified by the DMCA, which include bearing a signature (or electronic equivalent) of the copyright holder or an authorized representative, and (a) identifying the allegedly infringing materials; (b) indicating where on the Site the infringing materials are located; (c) providing your name and contact information; (d) stating that you have a good faith belief that the materials are infringing; (e) stating that the information in your claim is accurate; and (f) indicating that “under penalty of perjury” you are the lawful copyright owner or are authorized to act on the owner’s behalf. If you believe that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send this Site a counter-notice. The above is just a summary of the notice and counter-notice requirements and notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for further information. Our designated agent for copyright issues relating to this Site (including the notices and counter-notices) is Legal@Predator Warpaint.com . Please note that there are penalties for false claims under the DMCA.
16. CHOICE OF LAW AND FORUM.
17. SEVERABILITY OF PROVISIONS.
20. CALIFORNIA CONSUMERS.
Predator Warpaint, Inc.
© 2016 Predator Warpaint, Inc. All rights reserved.