Terms of Service

Updated September 1, 2026

This website (the “Site”) is owned and operated by 4Patriots, LLC (“4P”, “we”, “us”, or “our”). Accessing, browsing, or utilizing the Site in any capacity, whether automated or manual, constitutes the agreement of the person or entity accessing the Site (“you” or “your”) to be legally bound by these Terms of Service (“Terms”), including our Privacy Policy and our Warranty, Return, & Refund Policy, 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, and any supplementary policies referenced herein or available by hyperlink. You also agree to these Terms when you place an order, create an account, or opt in to our Messaging Service where these Terms are referenced or linked. 4P reserves the right to change these Terms or to impose new conditions on use of the Site, from time to time, in which case 4P will post the revised Terms on the Site. By continuing to use the Site after 4P posts any such changes, you accept these Terms, as modified. Changes apply prospectively from the date they are posted. Material changes to the Dispute Resolution, Arbitration, and Class Action Waiver section will apply only to disputes arising after the change is posted. If you do not accept these Terms in their entirety, or if you are not legally competent to agree to them, you must immediately cease all access to the Site.

I. 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 without explicit prior written authorization from 4P.

You may establish a hypertext link to the Site, provided that the link does not state or imply any false sponsorship or endorsement of your external platform by 4P. However, you may not, without our prior written permission, frame, inline link, or systematically enclose or incorporate into another website or other service any of our material, content, or intellectual property.

II. Accuracy, Completeness, and Timeliness of Information

All materials, data, and information provided on this Site is intended solely for general informational purposes and should not be relied upon or utilized as the primary or sole basis for making safety, operational, legal, or other critical decisions without consulting primary, more accurate, more complete, or more timely sources of authoritative information. Any reliance upon the materials, guides, or descriptions made available on this Site is strictly at your own risk.

We reserve the right to modify, amend, or remove any content from this Site at any time in our sole discretion without prior notice. However, we maintain no obligation or legal duty to update, correct, or amend any information, text, or data contained on the Site. You acknowledge and agree that it remains your sole responsibility to monitor any updates, modifications, or changes to the content and materials available on the Site.

III. Third-Party Services and Integrations

Throughout the Site, 4P may provide links, pointers, or integrations to internet sites maintained by third parties. Our linking to or integration with 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. Neither 4P nor our affiliates operate or control in any respect any information, products, or services that third parties may provide. Your interactions with any third-party links or services are strictly between you and the respective third party, governed by their own terms and conditions. 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 or materials on the Site. 4P neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on the Site by anyone other than an authorized 4P representative while acting in his/her official capacity.

IV. User-Generated Content and Submissions

From time to time, 4P permits user posting or submission of content to the Site including, without limitation, comments, blogs, product reviews, forum responses, contest entries, photos, graphics, videos, sound, and illustrations (in each case, “User Content”). User Content is governed by these Terms. You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information, or ideas that you submit to or post or publish on the Site is non-confidential and non-proprietary.

By posting or submitting User Content, you represent and warrant that: (i) you are eighteen (18) years of age or older, (ii) you are the sole legal owner of the User Content, or possess explicit consent from the legal owner to publish the User Content, (iii) the User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party, or any applicable law, rule, or regulation, (iv) the User Content is accurate and honest, (v) the User Content does not violate 4P’s prohibited conduct set forth herein; and (vi) you will defend, indemnify, and hold harmless 4P for all claims resulting from your supplied User Content in accordance with the Indemnification provisions set forth herein. In addition, when you submit or post any User Content, you grant 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 User Content in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant includes the right to exploit any proprietary rights in such User Content, including, but not limited to, rights under copyright, trademark, service mark, or patent laws, under any relevant jurisdiction. Additionally, 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 User Content by name, occupation, city and state of residence, username, and social media profile 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 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 any and all proprietary rights, title, and interest, including without limitation all copyrights and trademarks throughout the universe, in perpetuity, in every medium whether now known or hereafter devised. Any posted materials which are reproductions of prior works by you shall be co-owned by 4P. You acknowledge that 4P retains the right to monitor, filter, deny, remove, edit, or cease using or displaying any User Content (or any portion thereof) at any time for any reason whatsoever.

V. Material Connections and Testimonials

All testimonials on this site are from real people and represent real, actual experiences, but are not intended to guarantee that anyone will achieve the same results. To protect consumer privacy, some names and photos have been changed. Certain individuals may have received free products in exchange for their honest feedback. The organizations, publications and people referenced on this site are not affiliated with 4P. They have not endorsed, sponsored or recommended our Site, services, or product. No affiliation or endorsement is claimed.

VI. 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 but is not limited to:

• Spam and fake reviews;
• Off-topic reviews; and
• Obscene, profane, and/or offensive language.

VII. Account Governance and Platform Migration

1. User Registration

To access certain features of the Site, you may be required 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.

2. Account Security and Passwords

Once your profile is established through the Site’s registration process, you will be issued unique account credentials to access certain features of the Site. You are solely responsible for maintaining the strict confidentiality of your username, password, and account information, and you assume full responsibility for all activities, whether authorized by you or executed by others, that occur under your account credentials.

You agree to notify 4P immediately of any unauthorized account use or any other breach of security. 4P cannot, and will not, be liable for any loss, damage, or unauthorized access arising from your failure to safeguard your account information or from vulnerabilities resulting from weak or shared passwords. To protect platform integrity, we reserve the right to suspend profiles, mandate password resets, or require account validation steps at any time.

3. Platform Migration and System Upgrades

Due to system upgrades, database migrations, or infrastructure transitions, 4P may periodically require you to re-register, re-authenticate, or manually reactivate your account. For security reasons, legacy passwords cannot always be transferred between platform architectures.

In the event of a system transition, you must complete the designated account activation routine, verify your primary email credentials, and configure a new secure password. 4P reserves the right to restrict account access or suspend profiles if you fail to complete these mandatory security authentication procedures following an infrastructure migration.

VIII. Order Acceptance, Limitations, and Modifications

1. Order Acceptance and Verification

The receipt of an order number or order confirmation does not constitute the formal acceptance of an order or a confirmation of an offer to sell. 4P reserves the right, at our sole discretion and without prior notification, to refuse, limit, or cancel any order you place with us. Verification of personal or financial information may be required prior to the acceptance of any order.

2. Quantity Restrictions and Prohibited Resales

We reserve the right to 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, utilizing the same credit card, and/or orders that use the exact same billing or shipping address. Certain order patterns or purchasing behaviors may constitute an improper use of the Site. If we determine, in our sole judgment, that a purchase, order, or account activity is associated with an unauthorized dealer, reseller, or distributor, we reserve the right to take any necessary action to hinder or deter such purchase and future orders, including, without limitation, restricting sales to any consumer or account, canceling pending orders, charging restocking fees, declining to issue refunds or accept returns, and/or immediately suspending or terminating the associated account(s).

3. Modifications, Cancellations, and Price Adjustments

In the event that we modify, restrict, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number you provided at the time the order was executed. If an order is canceled or modified, items purchased pursuant to a tiered or quantity discount program may be re-priced at our sole discretion to reflect the adjusted transaction value.

IX. Financial Responsibility, Checkout Processing, and Billing

1. AUTHORIZED USE:

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.

2. PROMISE TO PAY

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. In return for the products and goods provided to you, you promise to pay 4P the total amount due for your purchase, including any interest, shipping, handling, finance charges, and recurring installment obligations as specified at checkout or within your designated payment schedule. In addition, you agree to pay us any other amounts you may owe 4P under the terms of your purchase. Any payment schedule provided to you assumes all of your payments are made on time, and you agree to make each payment on or before the close of business on its due date as set forth in the payment schedule.

3. PAYMENT PROCESSING:

Credit card processing and transaction authorizations for all payments made through the Site are managed principally through our primary third-party payment processor’s native infrastructure. We reserve the right to route transaction traffic through any compliant secondary payment gateway at our sole discretion without prior notice. By submitting an order, you authorize 4P and its integrated payment platforms to process your transaction via the designated payment method for the full order balance, including applicable taxes and shipping fees.

4. BANK FEES AND LIABILITY EXCLUSIONS:

4P is not liable for transaction declines, processing holds, or payment delays that may occur as a result of bank holidays, the processing schedule of your credit card issuer, bank or credit card processing errors, or other events beyond our control. You assume sole responsibility for any overdraft penalties, insufficient funds fees, or transaction management penalties initiated by your financial institution, the designated financing provider, or any primary or secondary payment gateway as a result of your purchases.

5. FAILED TRANSACTIONS AND REVERSALS:

If your payment method is declined, or if a completed payment is later reversed, canceled, or charged back by your bank, credit card issuer, or third-party financing partner for any standard upfront purchase, recurring subscription, or scheduled installment plan payment, 4P reserves the right to immediately suspend processing, cancel the pending order, or hold any shipments in transit without liability.

In the event that a product is shipped or delivered prior to a payment failure or reversal, you acknowledge that title and ownership shall not vest in you (or shall immediately revert to us or our supplier), and you agree that you will either immediately execute a valid alternative payment for the full balance or return the un-purchased items in their original condition, at your own expense, to us or to our designated fulfillment location.

6. INSTALLMENT PAYMENT METHODS:

If you select an installment payment structure at checkout, your plan will be processed either directly through 4P or through an authorized third-party payment provider as determined automatically at checkout. In return for the products and goods provided to you under any installment plan, you are required to maintain a valid credit card on file while a balance is owed, subject to the terms of your assigned provider. For plans managed directly by 4P, recurring balances will be automatically processed using your payment method on file, which can be updated at any time by contacting 4P using the information provided in the “Contact Us” section of our Site. For plans routed through an external payment platform, you acknowledge that credit authorization holds, funding timelines, and recurring payment frequencies are strictly governed by that provider’s terms and conditions, and any necessary updates to your payment billing details must be managed within your secure account portal or customer self-service tools provided by that respective platform.

7. APPLICATION OF PAYMENTS:

Payments are credited to your installment account on the Business Day they are received, provided 4P receives your payment before 4:00 p.m. Central Time. For the purposes of these Terms, a “Business Day” means Monday through Friday, excluding official United States federal banking holidays. All payments received after 4:00 p.m. Central Time will be credited no later than the next Business Day. We will apply your payments first to any accrued but unpaid balances, and then to the next scheduled payment, or any other principal amounts outstanding.

8. DEFAULT DEFINED:

You will be considered in default of your installment payment plan upon the occurrence of any of the following (each, a “Default”):

• You provide false or misleading personal or financial information during  checkout.
• You fail to make a required payment by its designated due date, or a payment is returned to 4P for any reason and is not successfully cleared within any applicable grace period.
• You fail to meet the terms of a modified payment plan explicitly permitted or structured by 4P.
• You file for bankruptcy or become a debtor under applicable bankruptcy laws.
• You otherwise fail to comply with any material provision of your purchase agreement.
  

9. CONSEQUENCES OF A DEFAULT:

If a Default occurs, and you fail to cure a Default within thirty (30) days, 4P may, at our option, accelerate your installment payment plan, requiring immediate payment of your entire outstanding balance. In doing so, 4P reserves the right to pursue all lawful collection remedies, including designating your account as past due and placing it with a collection agency. By taking these actions, 4P does not give up the right to use another way to collect money you owe 4P. Any delay or failure by 4P to exercise a legal or contractual right does not constitute a waiver of that right, nor does a waiver on one occasion apply to any future instance. Additionally, 4P may report information about a Default and your payment performance under your installment payment plan to consumer reporting agencies in accordance with applicable laws. Late or missed payments may impact your credit report.

10. 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.

11. 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.

12. AUTOSHIP AND SUBSCRIPTIONS:

4P may provide subscription services. By subscribing to such service, you have confirmed that you accept our Terms. 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. If you need to update, change, or replace your payment method on file for an active subscription, you must do so securely by logging directly into your online customer account portal or by contacting our customer support team prior to your next scheduled renewal date.

13. PRICING AND ERRORS:

Prices for our products are subject to change without notice. 4P cannot guarantee the price of an item until your order has been placed. Occasionally, pricing errors may occur on the Site. 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.

14. 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.

15. GIFT CARDS:

The risk of loss and title for gift cards passes to the purchaser upon our electronic transmission to the recipient. Gift cards should be protected like cash, as they are non-replaceable and non-refundable if lost or stolen. Gift cards are redeemable by the bearer only for products on our Site. They cannot be exchanged for cash, check, or credit, except where required by state law.

X. Interactive Features and Prohibited Conduct

This Site may include a variety of features that allow feedback to 4P and interaction between users. Each user is solely responsible for their actions and any materials, messages, or files they post or transmit. 4P does not control, endorse, or verify the messages, information, files, or other content that you or others may provide through the Site. As a condition of accessing or using the Site, you shall 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 unauthorized 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; or
• gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

XI. Mobile Messaging

4Patriots offers a mobile messaging service (the “Messaging Service”) designed to keep you updated on order tracking, account alerts, and promotional offers. Your participation in the Messaging Service is completely voluntary. By opting into the Messaging Service, you agree to be bound by the following provisions (these “Mobile Terms”), and our Privacy Policy, which governs how we collect, use, and protect your personal and mobile data.

1. Modifications to the Messaging Service and Mobile Terms

To the extent permitted by applicable law, 4P reserves the right to modify or discontinue the Messaging Service, any of its technical features, or these Mobile Terms at any time. Your continued interaction with the Messaging Service following the effective date of any posted updates constitutes your formal acceptance of those modifications.

2. Express Consent to Contact

By participating in the Messaging Service, you agree to receive recurring SMS/text messages from and on behalf of 4Patriots through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list.

3. Delivery Technology and Message Types

Text messages may be sent using automated technology, including systems that select and send messages to telephone numbers from stored lists. Message frequency varies based on user interaction with 4P. 4P reserves the right to alter the frequency of messages at any time, so as to increase or decrease the total number of sent messages. The communications delivered through the Messaging Service may include service-related notifications (such as order tracking updates and account alerts) as well as promotional materials (including special offers, product launches, and shopping cart reminders).

4. Fees and Rates

4P does not charge for the Messaging Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details.

5. Opt-Out Instructions

You may cancel your participation in the Messaging Service at any time. To opt out, reply STOP (or QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE) to any message received, click the unsubscribe link provided within the text message where available, or communicate your request to stop in any other reasonable manner, including by contacting us using the information provided in the “Contact Us” section of our Site. We honor opt-out requests however reasonably expressed. Upon receipt of your opt-out request, 4P may send you a single, final text message confirming your cancellation. Following this confirmation, no additional marketing messages will be sent to your mobile device unless you choose to re-subscribe. If you wish to rejoin the Messaging Service, you can opt in at any time.

6. Support and Assistance

For service support or assistance, text “HELP” to the number provided within the text message or contact us using the information provided in the “Contact Us” section of our Site.

7. Number Changes

You agree to provide 4P with a valid mobile number for which you are the primary account holder or for which you have the primary account holder’s permission to enroll the designated mobile number. If you change or deactivate your mobile number, you are required to notify us so that we may cease communications to that number. Should you wish to continue receiving text messages after changing your mobile number, you will need to opt in to the Messaging Service again using your new number.

8. Short Code Management

We reserve the right to change, reassign, or update any short code, long code, or telephone number utilized to operate the Messaging Service at any time. If we change or deactivate a number, messages sent to the inactive number may not reach us. We will always honor opt-out requests received through any active number or through the contact methods identified on our Site.

9. Carrier and Liability Disclaimers

The wireless carriers supported by the Messaging Service are not liable for delayed or undelivered messages. To the maximum extent permitted by applicable law, 4P is not liable for the failed, delayed, or misdirected delivery of any information sent through the Messaging Service, any errors or omissions in such information, and/or any actions taken or not taken in reliance upon the information or the Messaging Service itself.

XII. Outages

4P periodically schedules system downtime for the Site for maintenance and other purposes. Unplanned system outages also may occur. You agree that 4P has no responsibility and is not liable for: (i) the unavailability of the Site; (ii) any loss of data, information, or materials caused by such system outages; (iii) the resultant delay, mis-delivery, or non-delivery of data, information, or materials caused by such system outages; or (iv) any outages caused by any third parties, including, without limitation, any companies or servers hosting any of the Site, any internet service providers, or otherwise.

XIII. Disclaimers

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE, BY 4PATRIOTS AND BY ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED IN OUR WARRANTY, RETURN, & REFUND POLICY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED IN OUR WARRANTY, RETURN, & REFUND POLICY, 4PATRIOTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 4PATRIOTS 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. 4PATRIOTS 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.

Nothing in this section disclaims or modifies any implied warranty on a consumer product to the extent that doing so is prohibited by the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq. Warranties on products purchased from 4P are governed by our Warranty, Return, & Refund Policy. Any implied warranty on a product is limited in duration to the applicable warranty period stated in that policy, except where that limitation is prohibited by law.

XIV. 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 INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, 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. IN NO EVENT WILL OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO A PRODUCT EXCEED THE PURCHASE PRICE PAID FOR THAT PRODUCT.

XV. Indemnification

You agree at all times to defend, indemnify and hold harmless 4P, our 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.

XVI. Governing Law

These Terms of Service will be governed by federal law, and to the extent not preempted by federal law, the laws of the State of Tennessee. This choice of governing law will remain in effect regardless of any subsequent changes to your or our location. The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the Dispute Resolution, Arbitration, and Class Action Waiver section of these Terms.

XVII. Dispute Resolution, Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS AN ARBITRATION AGREEMENT. THIS SECTION MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. THIS SECTION ALSO CONTAINS PROCEDURES FOR FINAL BINDING INDIVIDUAL ARBITRATION AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION IN ARBITRATION OR LITIGATION.

THIS SECTION ALSO ADDRESSES THAT YOU AND 4PATRIOTS ARE GIVING UP THE RIGHT TO HAVE A JURY TRIAL TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW AND TO FILE OR PARTICIPATE IN A CLASS ACTION SUBJECT TO THE LIMITED EXCLUSION BELOW. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR, NOT A JUDGE OR JURY, AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

THIS SECTION ALSO REQUIRES YOU TO GIVE US NOTICE AND AN OPPORTUNITY TO RESOLVE YOUR DISPUTE INFORMALLY BEFORE STARTING ARBITRATION, PERMITS EITHER OF US TO ELECT SMALL CLAIMS COURT INSTEAD OF ARBITRATION, AND GIVES YOU THIRTY (30) DAYS TO OPT OUT OF ARBITRATION ENTIRELY.

1. Informal Resolution Required Before Arbitration

Before initiating any arbitration or small claims proceeding, you and 4P agree to attempt to resolve the dispute informally for a period of sixty (60) days. To begin, the party raising the dispute must send a written Notice of Dispute. If you are the party raising the dispute, your Notice of Dispute must be sent to 4Patriots, LLC, Attn: Legal Department, 2920 Berry Hill Drive, Suite 210, Nashville, TN 37204, and must (a) be personally signed by you, (b) state your name, mailing address, email address, and, if the dispute concerns communications sent to a telephone number, that telephone number, (c) describe with specificity the conduct giving rise to the dispute and the dates on which it occurred, and (d) state the specific relief you are seeking. A notice submitted by an agent, or a notice that is not individualized to you, does not satisfy this requirement.

The sixty (60) day period begins when 4P receives a complete Notice of Dispute. Neither party may commence arbitration or a small claims proceeding until the period has expired. Completion of this informal resolution process is a condition precedent to commencing arbitration, and either party may seek a court order to enforce this requirement. Any applicable statute of limitations or other filing deadline is tolled while the period runs. Any offer of resolution made during this period is inadmissible in any subsequent proceeding.

2. Binding Arbitration

Any dispute, controversy, or claim arising under, out of, or relating to these Terms, your use of the Site, or any purchases or transactions executed through the Site shall be subject to final and binding arbitration in accordance with the rules of the American Arbitration Association (“AAA”). For disputes involving a consumer, the arbitration will be administered by AAA under its Consumer Arbitration Rules then in effect. For all other disputes, the AAA Commercial Arbitration Rules will apply. If AAA is unavailable or declines to administer the arbitration in accordance with its rules, the parties will agree on a comparable administrator, and if they cannot agree, either party may petition a court of competent jurisdiction to appoint one under 9 U.S.C. § 5. Any arbitration award may be entered as a judgment in any court of competent jurisdiction.

3. Small Claims Election

Notwithstanding anything to the contrary in this section, either you or 4P may elect to have an individual dispute heard in small claims court, provided the dispute qualifies for that court’s jurisdiction and is brought on an individual and non-representative basis. If a claim is filed in arbitration that could have been brought in small claims court, either party may, at any time before an arbitrator is appointed, require that the claim proceed in small claims court instead. A small claims proceeding under this paragraph must be brought in the county where you reside or in Davidson County, Tennessee. Electing small claims court is not a waiver of this section as to any other dispute.

4. Arbitration Fees

For any consumer arbitration, you are responsible only for the consumer filing fee specified in the AAA Consumer Arbitration Rules, and 4P will pay the remaining AAA administrative fees and the arbitrator’s compensation as provided in those rules. Each party otherwise bears its own attorneys’ fees and costs unless the arbitrator determines that applicable law provides otherwise.

5. Location and Format of Proceedings

Consumer arbitrations will be conducted by written submission or by telephone or videoconference unless the arbitrator determines that an in-person hearing is necessary. If an in-person hearing is held, it will take place in the county where you reside, or in Nashville, Tennessee if you agree. Arbitrations that do not involve a consumer will take place in Nashville, Tennessee.

6. Delegation of Arbitrability

The arbitrator has exclusive authority to resolve any dispute concerning the interpretation, applicability, scope, enforceability, formation, or validity of this arbitration agreement, including any claim that all or part of it is void or voidable. Notwithstanding the foregoing, any dispute concerning the enforceability, scope, or application of the Class Action and Mass Arbitration Waiver in Section 8, including the batching procedure described in it, is reserved exclusively for a court of competent jurisdiction and not for an arbitrator.

7. Your Right to Opt Out of Arbitration

You may opt out of this arbitration agreement by sending written notice to 4Patriots, LLC, Attn: Legal Department, 2920 Berry Hill Drive, Suite 210, Nashville, TN 37204, within thirty (30) days after you first accept these Terms. Your notice must include your name, mailing address, email address, and a clear statement that you wish to opt out of arbitration. Opting out affects only this arbitration agreement. All other provisions of these Terms continue to apply, and opting out will not affect your relationship with 4P in any other respect.

8. Class Action and Mass Arbitration 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 are prohibited.

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.

If multiple arbitration demands presenting substantially similar factual or legal issues are filed by or with the same counsel, the parties agree those demands will be resolved in staged batches while preserving the individual nature of each claim. Where multiple demands are filed by, with the assistance of, or with the coordination of the same or coordinated counsel or organization, the following procedure applies. The demands will be grouped into batches. Only the demands in the batch then proceeding will be filed with the administrator, and administrative fees, case management fees, and arbitrator compensation will accrue only as to that batch. All other demands are held in abeyance, and any applicable statute of limitations or filing deadline is tolled as to those demands until their batch commences. Following the conclusion of the first batch, the parties will participate in a single global mediation before any further batch proceeds. The parties will jointly direct the administrator to apply this procedure, and any dispute about its application is for a court to decide.

9. Survival

This Dispute Resolution, Arbitration, and Class Action Waiver section survives the termination of these Terms, the closure of your account, and your cancellation of or opt-out from the Messaging Service, and it applies to disputes concerning communications or transactions occurring before or after any such termination, closure, or cancellation.

XVIII. Terminations

We may cancel, suspend, or terminate your right to use the Site, or any part of the Site, at any time and without prior notice in our sole discretion. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such restriction. You agree that 4P will not be liable to you or any third party for any modification, suspension, or termination of your access to the Site. The restrictions imposed on you with respect to material downloaded from the Site, as well as the provisions set forth in these Terms regarding Intellectual Property Rights, User-Generated Content and Submissions, Interactive Features and Prohibited Conduct, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, Arbitration, and Class Action Waiver, together with any other rights and obligations which by their nature are reasonably intended to survive, shall survive any termination of these Terms.

XIX. Right to Assign, No Waivers, and Severability

These Terms may not be assigned by you. 4P may assign or transfer these Terms and our related rights and obligations without your consent and without notice to you. Our failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or our rights. If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be unlawful, void, or for any reason unenforceable, then that specific provision shall be deemed severable from these Terms and shall not affect the validity, legality, and enforceability of any remaining provisions, which shall continue in full force and effect. Notwithstanding the foregoing, if the Class Action and Mass Arbitration Waiver is found to be unenforceable as to a particular claim or request for relief, that claim or request for relief shall be severed from the arbitration and brought exclusively in a court of competent jurisdiction, and the remainder of the Dispute Resolution, Arbitration, and Class Action Waiver section shall continue to apply to all other claims. In no event shall any class, collective, consolidated, or representative claim be arbitrated.

In addition, you agree to our Messaging Terms and Messaging Privacy Policy.