Terms of Service
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Last Update May 1, 2024
General
This website (the “Site”) is owned and operated by 4Patriots, LLC (“4P”). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from 4P.
Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service. 4P reserves the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case 4P will post the revised Terms of Service on this Site. By continuing to use the Site after 4P posts any such changes, you accept the Terms of Service, as modified.
Intellectual Property Rights
This Site and all the materials available on the Site are the property of 4P and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by 4P. More specifically, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site.
By posting or submitting any material (including, without limitation, reviews, contest entries, photos and videos) to 4P via the Site, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen years of age or older. In addition, when you submit or post any material, you are granting 4P, and anyone authorized by 4P, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant 4P, and anyone authorized by 4P, the right to identify you as the author of any of your postings or submissions by name, occupation, city and state of residence, and user name, as 4P deems appropriate.
You acknowledge and agree that any contributions originally created by you for 4P shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to 4P from their creation. Thus, 4P shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as 4P determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to 4P all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by 4P.
You acknowledge that 4P has the right but not the obligation to use and display any postings or contributions of any kind and that 4P may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by 4P or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
Material Connections
All testimonials on this site are from real people; sometimes names and photos have been changed to protect their privacy and some are given free products in exchange for their honest feedback. Testimonials represent actual results, but are not intended to guarantee that anyone will achieve the same results. The organizations, publications and people referenced on this site are not affiliated with 4P. They have not endorsed, sponsored or recommended this product; no affiliation or endorsement is claimed.
Disclaimers
Throughout the Site, 4P may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither 4P nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the websites linked to by 4P on the Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not 4P. Neither 4P nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, 4P neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized 4P representative while acting in his/her official capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY 4P AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 4P DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 4P DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 4P DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless 4P, its parent, subsidiaries, affiliates, and employees, officers, directors, successors, transferees, assignees, licensees, and agents of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
Online Commerce
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to 4P or a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.
PROMISE TO PAY:
In return for the products and goods provided to you under installment payment plans, you promise to pay 4P the total of installment payments, including any interest, shipping, handling, and finance charges as specified in the payment schedule provided to you. In addition, you agree to pay us any other amounts you may owe 4P under the terms of your purchase. You agree to make each payment on or before the close of business on its due date as set forth in the payment schedule. The payment schedule provided to you assumes all of your payments are made on time.
PAYMENT METHODS:
In return for the products and goods provided to you under installment payment plans, you are required to maintain a valid credit card on file with 4P while you owe money under your installment payment plan. You may change your payment card on file with 4P at any time by contacting 4P by using the information provided in the “Contact Us” section of our Site. We are not responsible for payment delays that may occur as a result of bank holidays, the processing schedule of your credit card company, bank or credit card processing errors, or other events beyond our control.
APPLICATION OF PAYMENTS:
Payments are credited to your account on the business day they are received, provided 4P receives your payment before 4:00 p.m. CST. All payments received after 4:00 p.m. CST will be credited no later than the next business day. We will apply your payments first to any accrued but unpaid payments, and then to the next scheduled payment, or any other principal amounts outstanding, if any.
DEFAULT:
You are in default of your installment payment plan if: (a) you provide false or misleading information about yourself, (b) you fail to make a required payment by the payment due date or if your payment is returned to 4P for any reason and you fail to successfully re-deliver the required payment to 4P by the payment due date, (c) you file for bankruptcy or become a debtor under applicable bankruptcy laws, or (d) you otherwise fail to comply with a material provision of your purchase agreement (each, a "Default").
CONSEQUENCES OF DEFAULT:
If any Default occurs, and you fail to cure the Default within 30 days 4P may, at its option, require you to immediately pay 4P everything you owe 4P under your installment payment plan and accelerate any future installments, and 4P may pursue all legally available means to collect what you owe 4P, including designating your account as past due and placing it in collection. By taking these actions, 4P does not give up its right to use another way to collect the money you owe 4P later. Our delay or failure to exercise any of our rights under the purchase agreement or applicable law is not a waiver of 4P’s rights. Any waiver by 4P of any provision of this purchase agreement on any one occasion will not be a waiver on any other occasion. We may report information about a Default and your performance under your installment payment plan to consumer reporting agencies, in accordance with applicable legal requirements. Late payments, missed payments, or other things you do may be reflected on your credit report. If 4P permits you to make payments on a modified payment plan and you fail to make those payments, 4P will consider you to be in Default.
COLLECTION:
You understand that if 4P is required to engage an attorney to collect any amounts due under your installment payment plan you will be required to pay reasonable attorneys’ fees, court costs and other related fees and costs, unless prohibited by applicable law.
PREPAYMENT:
You may prepay all of the amounts you owe on your installment payment plan at any time and without penalty. Partial payments are not accepted.
AUTOSHIP & SUBSCRIPTIONS:
4P may provide subscription services. By subscribing to such service, you have confirmed that you accept our Terms of Service. Your subscription will automatically renew on a recurring basis at which time your credit card will be charged automatically for the subscription products, including tax and applicable shipping and handling fees, until you cancel your subscription. You may cancel your subscription at any time online or by contacting 4P by using the information provided in the “Contact Us” section of our Site.
PRICING:
4P cannot guarantee the price of an item until your order has been placed. Occasionally, pricing errors may occur on the 4Patriots.com website. In the event of a pricing error, 4P reserves the right to cancel any orders arising from such errors, without further obligations to you, even after your receipt of an order confirmation or shipping notice from 4P.
PROMOTIONAL CODES:
Promotional codes are limited in nature and may expire or be discontinued at any time without notice. Promotional codes are void where prohibited by law and cannot be copied, sold, or otherwise distributed. They are not redeemable for cash and may be subject to cancellation or change at any time for any reason.
GIFT CARDS:
The risk of loss and title for gift cards passes to the purchaser upon our electronic transmission to the recipient. Treat gift cards like cash, as they are not replaceable if lost or stolen. Gift cards are redeemable by the bearer for products only on our Site. They cannot be exchanged for cash, check, or credit, except where required by state law.
Interactive Features
This Site may include a variety of features that allow feedback to 4P and interaction between users. Responsibility for what is posted by users on or through the Site lies with each user - you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not::
- Restrict or inhibit any other user from using and enjoying the Site.
- Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks 4P uses to provide the Site.
- Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
- Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by any means including but not limited to hacking, password mining, social engineering, or other illicit means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
- Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
- Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
- Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
- Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
- Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
- Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
Customer Reviews
4P solicits, moderates, and publishes product ratings and reviews from customers in compliance with Federal Trade Commission (FTC) guidelines. We may reject inappropriate written content from publication. Content deemed inappropriate includes:
- Spam and fake reviews;
- Off-topic reviews; and
- Obscene, profane, and/or offensive language.
Registration
To access certain features of the Site, 4P may ask you to create an account by providing certain information, including your first name, last name, email address, and phone number. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If 4P has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, 4P has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to 4P as part of the registration process is governed by the terms of our Privacy Policy.
Passwords
To use certain features of the Site, you will need a username and password, which you will receive through the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify 4P immediately of any unauthorized use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL 4P, ITS SUBSIDIARIES AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, AND/OR, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARIES AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND 4P MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
Terminations
We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
Dispute Resolution
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Tennessee and any dispute shall be subject to binding arbitration in Nashville, Tennessee. If any provision of these Terms of Service shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Class Action Waiver
You may only resolve disputes with 4P on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
This agreement may not be assigned by you. We may assign or transfer this agreement and our related rights and obligations without your consent and without notice to you.
This Agreement will be governed by federal law, and to the extent not preempted by federal law, the laws of the State of Tennessee. The laws of the State of Tennessee will govern this agreement and this choice of governing law will not change regardless of your or our change of location.