Terms of Use – Ranger Ready Repellents™

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Terms of Use

TERMS OF SERVICE

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Effective Date: March 1, 2018

This website (this/the “Site,”) is operated by The PiC20 Group, LLC. or its affiliated companies or subsidiaries and/or brands including Ranger Ready RepellentsÔ (collectively “Company”, “us”, “our” or “we”). These Terms of Use and any additional terms or conditions that we post on the Site from time-to-time (“Terms of Use” or “Terms”) set forth the terms and conditions under which you may enter and use the Site and any services available on the Site which may include but are not limited to the following: the ability to purchase products through an online store or the ability to create a user profile and submit user generated content to the Site (collectively the “Services”). Registration to use the Services or some features of the Site may be necessary. As part of the registration process, you may be required to select a user name and password, which may require that you provide a screen name and/or a valid email address (“User ID”). Please read the Terms of Use carefully. By entering, accessing, or using the Site (or registering with the Site), you agree to the Terms of Use without limitation or qualification including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to the Terms of Use (without limitation or qualification), you are not authorized to view or use the Site, and you must immediately exit this Site and cease all access to and use of the Site. The Terms of Use govern your access to and use of the Site regardless of the manner in which you access the Site (Internet, mobile network, etc.). 

BY USING THE SITE, YOU AFFIRM THAT YOU ARE BOTH A LEGAL RESIDENT OF ONE OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA OR PUERTO RICO OTHER U.S. TERRITORY AND YOU ARE THE AGE OF MAJORITY IN YOUR JURISDICTION OR OLDER. YOU ALSO AFFIRM, BY ACCESSING OR USING THE SITE, THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT OR, IF YOU ARE NOT, THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THIS AGREEMENT. 

These Terms of Use state the legally binding terms with respect to your use of the Site. We reserve the right to modify or change the Terms of Use at any time without prior notice to you. Such modification or change shall be effective upon posting on the Site. If we revise the Terms of Use, we will also revise the “Effective Date” at the top of these Terms of Use. The most current version of the Terms of Use can be reviewed by clicking on the “TERMS” or "TERMS OF USE" hypertext link located at the bottom of the main page of the Site. Your continued entry to and/or use of the Site after we post any revised Terms of Use constitutes your agreement to any such revised Terms of Use.

We offer this Site, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. or other third-party hosting provider. Such third-party provides us with the online e-commerce platform that allows us to sell our products and services to you. 

In addition to agreeing to the foregoing, you also agree as follows:

SECTION 1 - ONLINE STORE TERMS

Conditioned upon, and subject to, your strict compliance with the Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited license to enter and use the Site to view information, use the Services and for other purposes expressly permitted by us in writing on the Site. You agree not to enter or use the Site for any purpose that is prohibited by the Terms of Use or is otherwise unlawful. You further agree to comply with all applicable U.S. laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Site and Services. We may, in our sole and absolute discretion, terminate or suspend your entry to, and/or use of, the Site and/or Services, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that (a) if your authorization to enter the Site is terminated, you will not thereafter enter, or attempt to enter, the Site, or utilize the Services, directly or indirectly, and (b) if your authorization to enter the Site is suspended, you will not thereafter enter, or attempt to enter, the Site, or utilize the Services, directly or indirectly, until your suspension is removed and we give you express notice thereof.

You may print or copy any information (including but not limited to third party advertisements) displayed or transmitted on the Site (collectively, “Content”) that you are authorized to access, solely for informational and non-commercial, personal use; provided that you (a) do not remove any title, trademark, copyright and/or restricted rights notices contained on such Content, and (b) strictly comply with the provisions of the Terms of Use.

Except as expressly provided herein, you may not (and you agree that you will not) reproduce, alter, modify, create derivative works, or publicly display any Content without first receiving our express written permission. You further agree not to, without first obtaining our express written permission, (a) use any of our brands, trademarks or service marks as metatags on other web sites, (b) use the Site in any manner that is illegal or impairs the operation of the Site or its availability or usage by others, and/or (c) display any part of the Site in frames (or any Content via in-line links). You further agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, and not to insert any code or product or manipulate the Site in any way that affects the user’s experience including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the Site. You further agree not to use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data gathering or extraction method in connection with your use of the Site except for customary search engines used in accordance with automated instructions directed to search engines and available on the Site.

If we issue an account to use the Services to you (an “Account”), we will also issue a username and/or initial password for such Account to you (each user of the Service that is issued an Account shall be referred to herein as a “Registered User”). The portions of the Site available to the general public and to Registered Users may vary. You may not be able to access all features or use all Services on the Site if you do not become a Registered User. You may not authorize any third party to enter and/or use your Account on their behalf. Accordingly, you agree to protect your username and password by, among other things, keeping your username and password confidential. If, notwithstanding the foregoing obligation, you allow another party to use your username and/or password to access your Account, you will be responsible for all use by the party using your Account. You agree to (a) immediately notify us of any unauthorized use of your password or any other breach of security, and (b) ensure that you exit from your Account at the end of each session.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or jurisdiction of residence, or that you are the age of majority in your state or jurisdiction of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided, without our express written permission.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on thi Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site. 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or Services may be available exclusively online through the Site. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole and absolute discretion. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited. We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF INFORMATION AND BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole and absolute discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. If you provide any information to us, you agree to provide only true, accurate, current and complete information. Use of this Site is governed by our Privacy Policy which we encourage you to review by clicking on the link located at the bottom of the home page of this Site. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction or Services. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

The Site may contain bulletin boards, chat groups, forums and other interactive areas that allow users to express their opinions and post information and/or other materials (collectively, “User Generated Content”). We do not monitor all of the User Generated Content posted or transmitted by users and third-party information providers. You may have the opportunity to answer surveys, ratings and questions posted on the Site by our contractor. If you choose to respond, you will actually answer the survey, ratings and questions on the contractor’s site and will be subject to the contractor’s terms and conditions of use when you submit your responses. The contractor’s terms of use can be accessed by clicking the designated link on the Site. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the third party and not of us. We do not represent or endorse the accuracy or reliability of any User Generated Content displayed, uploaded, or distributed on the Site by any third party. You acknowledge that any reliance upon any such third-party User Generated Content is at your sole risk. We may, in our sole and absolute discretion, edit and/or remove any User Generated Content you submit to the Site. Without limiting the generality of the foregoing, we may edit or remove any User Generated Content you submit to the Site that we, in our sole and absolute discretion, deem abusive, defamatory, obscene, unlawful, or otherwise unacceptable or in violation of these Terms of Use, and you waive any moral rights you may have with respect to changes in the User Generated Content. We are not responsible for maintaining your posted User Generated Content and we may, in our sole and absolute discretion, delete or destroy it at any time with no liability or obligation to you. You are solely responsible for any User Generated Content you submit to the Site. We shall not be liable for the use or misuse of any information or data, including personal information that is included in any User Generated Content that you submit to the Site.

By submitting User Generated Content to the Site, you hereby grant to us, our shareholders, affiliates and related entities, a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, exploit, modify, archive, store, reproduce, adapt, publish, translate, create derivative works from, distribute, perform and display all such User Generated Content in any form, media, software or technology of any kind now existing or developed in the future. You further grant us, our shareholders, affiliates, related entities, licensees and assignees the right to use your name and any other information about you that you provide in connection with any such use of the User Generated Content. You understand and agree that visitors to the Site may use any User Generated Content you submit to the Site in accordance with these Terms of Use. User Generated Content submitted by you to this Site can be used according to these Terms of Use without compensation or acknowledgement to you.

You agree not to post User Generated Content that: i) contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
ii) is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, is harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity; iii) violates or infringes any right of ours or any third party, including without limitation any privacy, trademark, copyright or other intellectual property right, or will otherwise cause injury to any third party,  iv) discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
v) violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage evasion or violation thereof; vi) unfairly interferes with any third party’s uninterrupted use and enjoyment of the Site; vii) advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose; viii) contains copyrighted or other proprietary material of any kind on the Site without the express permission of the owner of that material; ix) includes or transmits viruses or other harmful, disruptive or destructive files; x) disrupts, interferes with, or otherwise harms or violates the security of the Site, or any Services, system resources, accounts, passwords, servers or networks connected to or accessible through the Site or affiliated or linked sites; xi) “flames” any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects; or xii) otherwise violates these Terms of Use.

 

Any User Generated Content posted by you or others will be deemed not to be confidential or secret. You understand that personal and other information (e.g., username, e-mail address, phone number) that you post on our Site is generally accessible to, and may be collected and used by others, and may result in unsolicited messages or other contact from others. To protect your safety, please use your best judgment when posting information. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you.

If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or in our opinion violates or threatens to violate any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, offensive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - INTELLECTUAL PROPERTY

Except for Content that is in the public domain, the Site and all Content, as well as the selection and arrangement of the Content, is owned by (or licensed to) us or our suppliers and is protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be used, copied or imitated in whole or in part except as expressly provided herein. Except as otherwise expressly provided in the Terms of Use, we expressly reserve all rights in and to the Site and Content.

The brands, logos, tradenames, trademarks (both registered and common law) and service marks (both registered and common law) are the property of the Company, its shareholders, affiliates, and their respective licensors. Not all of our or our affiliates’ brands, logos, tradenames, trademarks and service marks appear on this Site. Except as expressly provided in this Terms of Service, none of the foregoing may be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Company or its licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission. 

SECTION 11 - PARENTAL CONTROLS

Pursuant to Title 47, United States Code, Section 230(d) as amended, the Company hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available which may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from OnGuard Online (http://onguardonline.gov/). We do not endorse any of the products or services identified on the aforementioned third-party website or any other provider.

SECTION 12 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy please click on the Privacy Policy link on the homepage.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or the Site or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 14 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or can be used in any way that will affect the functionality or operation of the Service or the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or the Site or any related website for violating any of the prohibited uses.

SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Site or Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Site and Service is at your sole risk. The Service and all products and services delivered to you through the Site and/or Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS LICENSORS OR THE INDEMNIFIED PARTIES (DEFINED BELOW) BE LIABLE FOR ANY INJURY, LOSS, DAMAGE, CLAIM, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF SAVINGS, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE TERMS OF USE, THE SITE, SERVICES OR CONTENT WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES OR ANY PRODUCTS PROCURED USING THE SITE OR SERVICE INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURED AS A RESULT OF THE USE OF THE SITE OR SEVICE OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. Subject to the below provision, in no event shall Company’s total liability to you for all damages exceed $50.00.

NOTWITHSTANDING THE ABOVE, NOTHING IN THIS PROVISION SHALL BE UNDERSTOOD TO LIMIT COMPANY’S LIABILITY (1) FOR PERSONAL INJURY OR DEATH (A) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE TERMS OF USE, THE SITE, SERVICES OR CONTENT OR (B) CAUSED BY COMPANY’S OWN NEGLIGENT, INTENTIONAL OR OTHERWISE UNLAWFUL MISCONDUCT, OR (2) FOR ANY DAMAGES CAUSED BY COMPANY’S FAILURE TO ADHERE TO COMMERCIALLY REASONABLE EFFORTS TO PROTECT YOUR PERSONAL INFORMATION. 

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 16 - INDEMNIFICATION

You hereby agree to indemnify, defend and hold Company and its parent, subsidiaries, affiliates, partners, members, officers, directors, shareholders, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees (collectively, "Indemnified Parties"), harmless from and against any and all liability, claim, demand, cost (including reasonable attorneys’ fees), incurred by the Indemnified Parties or made by any third-party due to or arising out of your breach, or alleged breach, of these Terms of Service or our Privacy Policy or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

SECTION 17 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Terms of Service agreement and the provision of Services for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Site and/or Services (or any part thereof).

SECTION 18 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Site and Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 19 - GOVERNING LAW AND JURISDICTION 

This Site is hosted on servers located in the United States and is intended to be viewed by residents of the United States. Although the information on this Site is accessible to users outside of the United States, the information on this Site pertaining to Company products is intended for use only by residents of the United States. Other countries may have laws and regulatory requirements that differ from those of the United States. This Site links to other sites some of which may be outside of the United States. Those sites may have information that is appropriate only to that particular originating country or geographic region. The Company reserves the right to limit provision of our products and/or Services to any person, geographic region or jurisdiction and/or to limit the quantities or any products and/or Services we provide. Any offer for any product or Service made on this Site is void where prohibited. The Terms of Use shall be deemed to be agreed to by you in Norwalk, Connecticut. The Terms of Use, and all matters arising out of or relating to the Terms of Use, shall be governed by the laws of the State of Connecticut and the United States, without giving effect to the conflict of law provisions thereof and excluding any application of the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You consent to exclusive jurisdiction and venue in the federal courts sitting in Fairfield County, Connecticut unless no federal subject matter jurisdiction exists, in which case you consent to exclusive jurisdiction and venue in the state courts sitting in Norwalk, CT. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.

SECTION 20 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole and absolute discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 21 - RULES FOR CONTESTS, SURVEYS AND SIMILAR PROMOTIONS 

Any sweepstakes, contests, challenges, activities, surveys, or similar promotions (each, a “Promotion”) made available through the Site may be governed by specific rules that are separate from these Terms. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. We strongly advise that anyone participating in any Promotion read the applicable rules for such Promotion, and to review our Privacy Policy which, in addition to these Terms, governs any information submitted by any person participating in any Promotion. 

SECTION 22 - FORWARD-LOOKING STATEMENTS

This site may contain forward-looking statements which may involve risks and uncertainties. Actual results may differ from these statements as a result of changes in external competitive market factors, unanticipated changes in the Company’s industry, or economy in general, as well as various other factors.

SECTION 23 - OTHER GENERAL PROVISIONS

If any provision of the Terms of Use is declared or found to be illegal, unenforceable or void, then the invalid or unenforceable provision shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remaining provisions of the Terms of Use shall remain in full force and effect. Section headings are provided for convenience only and shall not be read or interpreted to restrict any provision contained in the Terms. No right or remedy conferred by the Terms of Use is exclusive of any other right or remedy conferred herein or by law or in equity; rather, all of such rights and remedies are cumulative of every other such right or remedy and may be exercised concurrently or separately from time-to-time. Company may provide notice to you relating to the Terms of Use by sending an e-mail to your last known e-mail address, if any, your last known postal address, if any, or posting a notice on the Site, and any such notice shall be deemed given and received on the earlier of the day it is sent to you or the day it is posted on the Site. A printed version of the Terms of Use and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Company to insist upon or enforce strict performance by you of any provision of the Terms of Use shall not be construed as a waiver of any provision or right. If Company brings any suit against you to enforce the Terms of Use or otherwise in connection with your use of and/or entry onto the Site, you agree that if Company prevails in such suit Company shall be entitled to recover all costs and expenses incurred in such suit including reasonable attorneys’ fees.

SECTION 24 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@pic-20.com.

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