BEFORE USING THIS SITE, PLEASE CAREFULLY GO THROUGH OUR USE OF TERMS AND CONDITIONS.
Thank you for visiting our website. If you want to use this website, you must agree to conform to and be legally bound by the terms and conditions described below.
IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE THIS WEBSITE
We do not provide services or sell products to children. If you are below the age of 18, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information.
3. ANTI-SPAM POLICY IS PART OF THESE TERMS AND CONDITIONS.
Our anti-Spam policy is part of, and subject to, these terms and conditions of use. You may view our anti-Spam policy on this website.
4. MODIFICATIONS AND TERMINATIONS.
These terms and conditions may change from time to time. If such changes are made, they will be effective immediately, and we will notify you by a notice posted on our website’s home page of the changes that have been made. If you disagree with the changes that have been made, you should not use our website.
We may terminate these terms and conditions of use for any reason and at any time without notice to you.
If you are concerned about these terms and conditions of use, you should read them each time before you use ourwebsite. Any questions or concerns should be brought to our attention by sending a message to us via our Contact Us Form, and providing us with information relating to your concern.
5. LICENSEE STATUS.
You understand and agree that your use of our website is limited and non-exclusive as a revocable licensee. We may terminate your license to use our website, and access to our website, for any reason, and without giving you notice.
6. CONTENT OWNERSHIP.
All content on our website is owned by us or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property.
You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us through our Contact Us Form.
If you believe that your intellectual property rights have been infringed upon by our website content, please notify us by submitting a request using our Contact Us Form. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.
7. DISCLAIMERS AND LIMITATIONS OF LIABILITY.
The information on our website is provided on an ”as is,” ”as available” basis. You agree that your use of our website is at your sole risk. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our website will be corrected.
Information on our website should not necessarily be relied upon and should not to be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information.
If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site.
Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages.
Our total liability for any claim arising out of or relating to our website shall not exceed Ten ($10) dollars and that amount shall be in lieu of all other remedies which you may have against us. Any such claim shall be subject to confidential binding arbitration as described later in these terms and conditions of use.
8. OBSCENE AND OFFENSIVE CONTENT.
We are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us here Contact Form so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our website.
You understand and agree that you will indemnify, defend and hold us harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from your use of our website or your violation of these terms and conditions.
10. COMPLIANCE WITH GOVERNING LAW AND DISPUTE RESOLUTION.
You agree to obey all applicable laws while using our website.
You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All claims must be arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in Flathead County, Montana, USA. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.
11. SEVERABILITY OF THESE TERMS AND CONDITIONS.
If any part of these terms and conditions of use are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.
12. HOW TO CONTACT US.
Any questions or concerns about these terms and conditions of use should be brought to our attention by sending your message through our Contact Us Form and providing us with information relating to your concern.
13. ENTIRE AGREEMENT.
These terms and conditions, including the policies incorporated herein by express reference, constitutes your entire agreement with us with respect to your use of our website.
Acceptance of Agreement: The terms and conditions featured in this Terms and Conditions of use Agreement (Agreement) related to our site (the site) are agreed by you. This Agreement represents the complete and only agreement between you and us, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings related to the Site, free product samples, the content, or freebie offers or services provided by or listed on the Site, and the subject matter of this Agreement. We can amend the Agreement any time and at any frequency without informing or specific notice to you. The latest Agreement will be posted on the site that can be reviewed by you prior to using the site. This Agreement may be amended by us at any time and at any frequency without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
Copyright. The organization, content, design, graphics, and other materials related to this Site are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws. Without our prior written permission, the copying, reproduction, use, modification or publication of full or part of any such matters or any part of the Site by you is strictly prohibited.
Deleting and Modification. We reserve the right in our sole discretion, to edit or delete any documents, information or other content appearing on the Site, including this Agreement without any notice requirement or obligation to you.
Indemnification. You agree to indemnify, defend and hold us, our officers, our share holders, our partners, attorneys and employees harmless from any and all liability, loss, damages, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
Disclaimer. THE CONTENT, SERVICES, FREE PRODUCT SAMPLES AND FREEBIE OFFERS FROM OR LISTED THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY WEBSITE WITH WHICH IT IS LINKED. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF MONEY, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU THE USER. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THE INFORMATION AND ALL OTHER MATERIALS ON THE SITE ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION AVAILABLE ON THIS SITE OR ANY WEBSITE WITH WHICH IT IS LINKED.
Limits. We disclaim all responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document.. We disclaim any form of the liability to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use the site.
Third-Party Website. All rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked websites will apply to you while on such websites. For the content, accuracy or opinions expressed in such Websites, we are not responsible, and we have also not investigated, monitored or checked for accuracy or completeness of such websites. Any linked Website inclusion on our Site does not imply endorsement or approval of the linked Website by us. This Site and the third-party linked websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. You are acting at your own risk if you decide to leave our Site and access these third-party linked sites.
Third-Party Products and Services. Our site advertise third-party linked websites from which you may purchase or otherwise obtain certain freebie offerings, sample goods, or free trial services. It must be fully understood that we do not operate or control the free offerings, products, or services offered by third-party linked websites. The responsibility solely lies with the third-party linked websites for all aspects of order processing, billing fulfillment, and customer services. For any transactions entered into between you and third-party linked websites we are not a party to it. You agree that use of such third-party linked websites is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise. Under no circumstances are we liable for any damages arising from the transactions between you and third-party linked websites or for any information appearing on third-party linked websites or any other site linked to or from our site.
Submissions. All ideas, notes, suggestions, concepts and other information send by you to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
General. You agree that all actions or proceedings arising directly or indirectly out of this agreement, or your use of the site or any sample products, freebie offers or services obtained by you through such use, shall be litigated in the District Court of Flathead County Montana. You are expressly submitting and consenting in advance to such jurisdiction in any action or proceeding in any of such courts, and are waiving any claim that Kalispell, Montana or the District Court of Flathead County Montana is an inconvenient forum or an improper forum based on lack of venue. This site is controlled in the State of Montana, USA. As such, the laws of Montana will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
These terms and conditions were last updated on 5-1-2013