Terms And Conditions

Incorporation of Related Policies By using our Website(s) or purchasing our Services, you agree to these Terms and Conditions. These Terms explicitly incorporate our Privacy Policy, Copyright Policy, and Software Licenses. Please read them carefully, as they constitute a single binding agreement between you and UPGF LLC.

Legal Name¶

Legal Name UPGF LLC (hereafter referred to as “the Company,” “We,” “Us,” or “Our”) operates under the trade name United Planets And Galactic Fleet (UPGF).

Ownership of Information¶

Ownership of Information All information on our Website(s) is the exclusive property of UPGF LLC, a Limited Liability Company formed in the United States of American in the Great State of Colorado, or its respective content owners.

Definitions¶

To ensure clarity and efficiency, the following terms include both uppercase and lowercase variations:

"Site(s)" and "Website(s)": Refers to all official United Planets And Galactic Fleet online platforms.
"Services": Encompasses all online and offline offerings, including social media pages, software repositories, software applications, and professional services.
"Company" or "Business": Refers to UPGF LLC and all associated entities.

Ordering Eligibility¶

To order products or services, you must be 18 years or older. You must also possess a valid, accepted payment card and have full authority to use that card to complete your purchase.

Return Policy¶

Product-Specific Policies¶

Many products have unique return terms listed on their individual product pages. These specific policies supersede the default policy. Please verify the terms on the product page before purchasing.

Default Return Policy¶

Retail items come with a thirty (30) day return policy.

Pre-Sale Items¶

Deposits on pre-sales are 100% refundable until the status changes from “Processing” to “Shipping Label Created.” After the label is created, the standard return policy for that specific product applies.

Event Tickets¶

97+ hours prior: 100% refund.
Between 24 and 96 hours prior: 50% refund.
Less than 24 hours prior: No refund.

Special Event Tickets¶

Special Events are clearly marked on the product page and ticket.

14 days (337 hours) or more prior: 100% refund.
Less than (336-Hours) 14 days prior: No refund due to scheduling and logistics costs.

Restocking Fees & Conditions¶

Restocking Fee: A 20% fee applies to any item returned that was not canceled before the shipping label was created.
Condition: Items must be in their original packaging with the receipt. They must be in the same condition as when purchased. If an item is damaged or altered, it does not qualify for a return. No exceptions.
RMA Requirement: All returns must have a Return Merchandise Authorization (RMA) number clearly written on the package. Packages without a visible RMA will be returned to the sender, and no refund will be issued.

To obtain an RMA, please contact our support department by opening a ticket.

Cancellation Policy¶

Retail items can be canceled for a full refund until the order status changes from “Processing” to “Shipping Label Created.” You can monitor your order status at any time on your account order page on our official website.

Warranty Policy¶

General Terms Some products manufactured by us have specific limited warranties; these details are found on their individual product pages. Unless a specific warranty is noted, this Default Limited Warranty applies to the original purchaser ("Product").

Warranty Coverage¶

We warrant our products against defects in materials and workmanship for twelve (12) months from the date of shipping acceptance ("Warranty Period"). This warranty is non-transferable.

What is Covered¶

This warranty covers manufacturing defects that arise during normal use. At our sole discretion, we will repair or replace the defective product.

If a repair or replacement is authorized, we will provide a shipping label. We will not reimburse any other shipping methods chosen by the buyer.

What is Not Covered¶

The Limited Warranty does not cover:

Accidental damage, misuse, or neglect.
Unauthorized repair, modification, or disassembly.
Failure to follow product instructions.
Tampering with sealed components.

Additional Expenses: We are not liable for costs beyond repair/replacement, such as downtime, loss of data, or loss of revenue.

How to Obtain Warranty Service¶

Open a Ticket: You must open a support ticket on our website.

RMA Number: A Return Merchandise Authorization (RMA) must be issued before shipping.

Labeling: The RMA number MUST be clearly written on the outside of the package. Unlabeled packages will be refused and returned at your expense.

Requirements: We require a copy of the invoice (Proof of Purchase), the product serial number, and a clear description of the issue.

Note: If the serial number is tampered with or does not match our database, the claim will be denied.

3rd Party Products¶

We do not offer warranties for 3rd party products or software. These are covered solely by the original manufacturer’s warranty and their respective support teams.

Governing Law¶

This Limited Warranty is governed by the laws of the State of Colorado, USA.

Software Warranty Information¶

"AS-IS" Software All software is provided "AS-IS" and "AS-AVAILABLE," without any warranties of any kind, either express or implied. This includes, but is not limited to, implied warranties of merchantability or fitness for a particular purpose. If you purchase, download, or use our software, you do so entirely at your own risk.

Testing & "Sandbox" Requirements We strongly advise testing the software on a "sandbox" device before installation on any production device.

A "sandbox" is a testing environment separate from your main system used to evaluate software without risking critical data or hardware.
Never install software on a production device without thorough testing.

Limitation of Liability We are not responsible for any damages or losses, including but not limited to:

Loss of data or revenue.
Machine, device, or hardware failure.
Direct, indirect, incidental, or consequential damages.

Please refer to the individual software license (e.g., MIT, GPL, or Proprietary) included with the product for additional terms.

Modification of Terms and Conditions¶

Right to Modify We reserve the right, at our sole discretion, to modify, add, or remove any portion of these Terms and Conditions without prior notice or liability.

Effective Date Changes are effective immediately upon being posted to our Website(s). The most recent version of this agreement will always be available on our site.

User Responsibility By visiting or using our Website(s), you agree to the following:

You will review the Terms and Conditions and Privacy Policy during each visit.
Your continued use of the Site(s) constitutes your acceptance of the current Terms and Privacy Policy.

Record Keeping We recommend that you save a copy of these Terms for your records. You can do this by using your browser’s "Print" or "Save to PDF" features. Current versions are always linked in the header or footer of our homepage.

Intellectual Property Rights¶

Definition of "Site Content" "Site Content" refers to all features, materials, information, text, site design, graphics, logos, icons, images, audio, video, and software appearing on our Website(s). This includes the selection, assembly, and arrangement of these elements, as well as our:

Order tracking and modification services.
Affiliate programs and corporate accounts.
Newsletters and promotional emails.

Legal Protection Unless otherwise specified, all Site Content is the sole property of UPGF LLC or its suppliers/licensors. This content is protected by United States and international copyright, trademark, and other intellectual property laws. All rights not expressly granted herein are reserved.

Trademarks A list of our trademarks, trade names, and service marks can be found at: https://upgf.world/trademarks. Please note that this list may not be exhaustive and is subject to change.

Trademark Usage and Rights¶

No Waiver of Rights The absence of a specific trademark, trade name, or service mark from our official list does not constitute a waiver of our intellectual property rights.

Protected Marks All custom graphics, icons, logos, and company-specific terms are our protected marks in the United States and other countries. All other trademarks or service marks appearing on our Site(s) are the property of their respective owners.

Usage Restrictions¶

The use of any of our trade names, trademarks, or service marks without our express written consent is strictly prohibited.
Correct usage of our marks is essential to maintaining their value.

If you have questions regarding the use of our intellectual property, please contact us via the “Contact Us” link in our main menu.

Accounts and Security¶

Account Creation Unless we allow "guest" checkouts, you must establish an account to use certain features, such as ordering products, contacting support, or participating in our forums.

Password Responsibility You are responsible for maintaining the confidentiality of your password and account. You are fully responsible for all activities that occur under your account. By logging in, you represent and warrant that:

You are the customer who registered for the account.
You are using the services only for permitted purposes.
You will log out of your account at the end of each session.

Security Breaches You agree to notify us immediately via our Support Ticket System of any unauthorized use of your password or account, or any other breach of security.

Username Restrictions When creating an account, you agree that:

No Impersonation: You will not use a name with the intent to impersonate another person.
No Intellectual Property Infringement: You will not use a name that someone else has rights to without their express authorization.
Username & Profile Guidelines: username must be respectful. You agree not to: 1. Use a name that is hateful, racist, or targets specific groups. 2. Use a name intended to harass another user or animal.

Reporting Violations¶

If you see content that violates these rules, please report it via our Support Ticket System immediately. We reserve the right to remove any content or ban any account that violates these standards.

Account Security & Identity¶

Account Responsibility¶

You are responsible for maintaining the confidentiality of your password. By logging in, you represent and warrant that:

You are the customer who registered for the account.
You are using the services only for permitted purposes.
You will log out of your account at the end of each session.

Unauthorized Use¶

You agree to notify us immediately via our Support Ticket System of any unauthorized use of your password or any other breach of security.

Community Standards & Conduct¶

Content & Language Our site maintain a Zero Tolerance Policy for the following:

Hate Speech & Racism: Any content that promotes hatred, discrimination, or disparagement based on race, religion, sexual orientation, or identity.
Harassment: Personal attacks, bullying, or "doxing" of other users.
Animal Cruelty: We are strong animal rights activists. Any content that promotes, depicts, or encourages the mistreatment of animals is strictly prohibited and will result in an immediate ban.

Permitted Use and Restrictions¶

Legal Notices and Credits¶

We post legal notices (such as copyright and trademark markings) and various credits throughout our Website(s). If you download, print, or retain a copy of any page, you must not remove these notices, credits, or any accompanying information.
Prohibited Actions Except as expressly authorized in writing by a Chief Officer of UPGF LLC, you shall not:
Upload, copy, reproduce, license, sell, host, or commercially exploit any portion of our Website(s) or Site Content.
Modify, duplicate, or create derivative works of any part of our Website(s).
Competitive Use: Access our Website(s)—including but not limited to our HTML, CSS, JavaScript, assets, or content—to build similar or competing websites or businesses.
Reverse Engineering: Disassemble, reverse compile, or reverse engineer any software contained on our websites or any software we sell (unless specifically permitted by that software’s individual license).

Web Scraping and Archiving¶

Unauthorized scraping of our website(s) is strictly prohibited. This includes, but is not limited to, activities such as manual copying, automated script scraping, utilizing tools like Python packages (e.g., Beautiful Soup, Scrapy), JavaScript, or any other method. Web scraping includes, but is not limited to, copying text, code, forms, or any media assets such as images and videos (JPEG/JPG, PNG, GIF, MP4, AVI, WEBP, WEBM, SVG, MOV, PDF, MD, TXT, etc.).

Many of these media assets are used under specific royalty agreements licensed exclusively for our sites. Scraping these assets violates our Privacy Policy, Terms & Conditions, and copyright laws, as well as the third-party owners' intellectual property rights. The data hosted on our sites is integral to our business operations, including commerce, educational purposes, and the training of our own proprietary neural networks.

Engaging in any form of web scraping or copyright archiving without explicit, written authorization from the President, CEO, or COO is a material breach of our terms. This includes access by archival services for the purpose of "copyright prosperity" or preservation. Accessing our site without prior written permission for these purposes constitutes a trespass on our digital resources. Violators agree to pay a minimum, uncontested fee of $500,000.00 per incident, plus ALL associated legal fees. This fee reflects the substantial value of the data, resource consumption, and potential damages to our business model.

Site Availability¶

We reserve the right to modify, suspend, or discontinue our Website(s), or any part thereof, without notice or liability. Any updates to our Website(s) are subject to these Terms and Conditions.

Third-Party Materials and Content¶

Definition of Third-Party Materials Our Website(s) may contain content provided by others, including:

User Content: Posts, comments, or materials from other users.
External Links: Links to sites operated by third parties.
Advertisements: Ads or sponsorships.
Third-Party Services: Stores, products, or services offered by outside companies.

Collectively, these are known as “Third-Party Materials.”

No Liability for Third Parties¶

We have no control over, and assume no liability for, any Third-Party Materials. We do not review, approve, or warrant these materials. Specifically:

We do not guarantee that Third-Party Materials are accurate, legal, or inoffensive.
We do not warrant that third-party sites are free of viruses or malware.
You interact with all third parties and their materials at your own risk.

End of Coverage¶

When you leave our site via a third-party link, our Terms and Conditions and Privacy Policy no longer govern. We strongly suggest reviewing the privacy statements and terms of any site you visit. If you encounter a broken or problematic link on our site, please notify us via our Support Ticket System.

Release of Liability¶

You hereby release UPGF LLC, our subsidiaries, officers, employees, and agents from any claims, losses, or damages (including personal injury or property damage) arising from your use of Third-Party Materials or your interactions with third-party entities.

Violation of the Terms and Conditions¶

Right to Terminate Access By using our Site(s), you agree that we may, at our sole discretion and without prior notice, suspend, terminate, or bar your future access to any of our Website(s) or Services.

Removal of Content¶

We reserve the right to modify or remove any User Content if we believe it:

Violates or is inconsistent with these Terms and Conditions.
Is disruptive to the community.
Violates the law or the rights of UPGF LLC or another user.

No Liability¶

We are not liable to you for the termination of your access or the deletion of any User Content you have posted.

License Granted by You¶

Ownership Warranty: By submitting or uploading any content—including reviews, comments, feedback, photos, artwork, software, or custom product content (collectively, “User Content”) —you represent and warrant that:

You own all rights to the User Content.
The content does not violate our Acceptable Use Policy.
Grant of License By providing User Content, you grant UPGF LLC an irrevocable, perpetual, royalty-free, worldwide license (including the right to sublicense) to:
Use, reproduce, and distribute the content.
Publicly display and perform the content.
Modify, create derivative works of, or sell the content.
Use the content in any language or medium, now known or later developed.

Non-Confidentiality¶

Subject to our Privacy Policy, all User Content is treated as non-confidential and non-proprietary. We may use this content for any purpose, including developing, manufacturing, or marketing products and services.

Acceptable Use Policy¶

User Content Restrictions: You agree that your User Content will not:

Infringe Rights: Plagiarize or violate the rights of any third party, including copyrights, trademarks, trade secrets, privacy, patents, or moral rights.
Contain Harmful Material: Contain unlawful, threatening, harmful, vulgar, defamatory, false, intentionally misleading, or obscene material.
Promote Hate: As an animal rights activist and community-focused business, we strictly prohibit content that is hateful, racist, or depicts the mistreatment of animals.
Harm Minors: Content must not be harmful to minors.

Prohibited Technical Activities You agree that you will not use our Website(s) to:

Distribute Malware: Upload or distribute viruses, worms, or any software intended to damage or alter computer systems or data.
Spam: Send unauthorized advertising, junk mail, spam, or pyramid schemes.
Data Mining: Harvest or collect information about other users (including email addresses) without written consent from a Chief Officer of our business.
Disrupt Networks: Interfere with or disrupt servers and networks connected to our Website(s).
Unauthorized Access: Attempt to gain access to our computer systems or networks through password mining or other means.
Interfere with Others: Harass other users or interfere with their enjoyment of our Site(s).
Illegal Acts: Engage in any illegal activities.

Legal Compliance and Investigations You agree to comply with all applicable laws and regulations regarding your use of our Site(s).

Reporting: We reserve the right to report actual or perceived violations of the law to the appropriate authorities.
Investigations: If we suspect a violation of these Terms, we may conduct an investigation. During this time, we may suspend your services or remove your content. You agree to cooperate fully with any such investigation.
Penalties: You acknowledge that violations of these Terms, our Privacy Policy, or our Software Licenses may result in civil or criminal penalties.

Privacy¶

We respect and make efforts to protect the privacy of all users of our website(s). Our current Privacy Policy on all of our website(s) and is hereby incorporated herein by reference and made a part of the Terms and Conditions.

DMCA Policy¶

Please review our DMCA takedown policy on our website(s) for full details on our DMCA Policy.

Feedback¶

Submission of Feedback We welcome all comments, feedback, information, or materials regarding our Website(s), products, and services (“Feedback”). You may submit Feedback to us via email, our website, or through associated third parties.

Ownership of Feedback Please note that all Feedback shall be considered non-confidential and will become the exclusive property of UPGF LLC. By submitting Feedback, you agree to the following:

Assignment of Rights: You hereby assign to us all rights, titles, and interests in copyrights and other intellectual property rights to the Feedback on a worldwide basis.
No Compensation: This assignment is made at no charge to us.
Unrestricted Use: We are free to use your Feedback on an unrestricted basis for any purpose, including product development and marketing.

Ordering Products and Services¶

Eligibility To place an order, you must be 18 years or older and possess a valid, accepted payment method with full authority to use it.

Pricing and Errors All prices on our Website(s) are subject to change. If a product is listed with an incorrect price or information due to a typographical error or supplier error, we reserve the right to refuse or cancel the order prior to shipment.

This applies even if the order was confirmed and your card was charged.
If your card has already been charged, we will immediately issue a credit to your account for the full amount.

Limitation of Liability We are not liable for any damages—including downtime, loss of revenue, or loss of data—resulting from the refusal or cancellation of an order.

Product Appearance Please note that the colors of products may vary depending on your monitor settings and may not be displayed with perfect accuracy.

Order Acceptance Policy¶

No Automatic Acceptance Receiving an order confirmation (electronic or otherwise) does not signify our acceptance of your order, nor does it constitute a confirmed offer to sell.

Our Rights We reserve the right, at any time after receiving your order, to:

Accept or decline your order for any reason.
Supply less than the quantity you ordered of any item without prior notice.
Require additional verification or information before accepting the order.

When an Order is Accepted Your order is officially accepted only when we send you shipping information for the items.

Your Remedy for Changes If we cancel all or part of your order, or provide less than the quantity ordered, your sole remedy is:

A credit to your payment account for the amount charged for the missing portion, or

We will simply not charge your account for the canceled portion.

Limitation of Liability We are not liable for any damages—including downtime, loss of revenue, or loss of data—arising from our refusal to fill an order, supplying less than the quantity ordered, or requiring additional verification.

Payment Terms¶

Agreement to Pay For every product or service ordered, you agree to pay the price applicable at the time of submission. This includes:

The base price of the product or service.
Any applicable sales taxes or surcharges.
Delivery fees for your selected shipping method.

Automatic Billing Unless a prior written agreement is signed by a Company Executive, we will automatically bill the payment method provided during the order process. All prices are non-refundable unless explicitly stated otherwise on the individual product or service page.

Late Fees and Collections We reserve the right to charge a late fee on all past-due payments. This fee will be the lesser of:

One and a half percent (1.5%) per month on the unpaid balance, or
The highest rate allowed by law.

Collection Costs You agree to pay for all collection costs, attorney fees, and court costs we incur while collecting past-due amounts.

Sales Taxes and International Charges¶

Exclusion of Taxes from Listed Prices Prices for our Products and Services do not include sales taxes, customs duties, import/export charges, or any other governmental fees.

Customer Responsibility Except for taxes on our business net income, each customer is solely responsible for:

All sales and use taxes.
Customs, duties, and import/export charges.
Any other governmental charges for orders shipped within or outside the United States.

United States Sales and Use Tax We do not collect sales or use taxes in every state. If we do not collect tax on your purchase, please note the following:

Your purchase is likely subject to use tax unless specifically exempt.
A purchase is not exempt simply because it was made over the internet.
Many states require you to file a sales/use tax return at the end of the year to report and pay tax on non-taxed purchases. You can find filing details on the websites of your respective state taxing authorities.

International Orders If you purchase our Products or Services from outside the United States, you are responsible for reporting and paying all appropriate taxes and duties to your governing authorities.

Specials, Promotions, and Sweepstakes¶

Official Rules Please read the official rules provided with each special offer, coupon, discount, contest, or sweepstakes.

Usage Restrictions¶

No Stacking: Special offers, coupons, or discounts cannot be used in conjunction with other offers.
Daily Limits: We limit promotions to one per order, per address, per day.

Currency Converter¶

For Convenience Only We may provide a currency converter on our website as a convenience to you. Please note that all conversions are NOT GUARANTEED.

Third-Party Data We use Open Exchange Rates or other third-party service providers to offer these rates. Because these rates are typically delayed:

The conversion rates provided are not guaranteed to be accurate.
They should be treated only as a rough approximation.

Final Payment in USD We highly encourage you to check with your bank for the most accurate conversion rate from USD (U.S. Dollars) at the time of purchase. We are not responsible for any difference between the approximation shown on our site and the final amount charged by your financial institution.

Shipping and Delivery¶

Delivery Scheduling

No Requested Dates: We do not accept specific requested arrival dates.
Installments: We reserve the right to ship orders in installments. This does not relieve you of the obligation to pay for the remaining items in your order.
Delivery Times: Our shipping providers do not call before delivery, and we cannot guarantee a specific time of day for arrival.

Acceptance of Goods All products are deemed accepted once they are delivered to the address you or your recipient provided.

Shipping Liability We are not responsible for any issues arising from:

Incorrect Addresses: Deliveries made to an incorrect address provided by the purchaser.
Unsuccessful Delivery: Failed deliveries because the recipient was not present.
Re-routes: Decreased product quality or delays caused by a purchaser-requested re-route.
Improper Handling: Damage or quality issues caused by the recipient’s handling of the package after delivery.

Order Cancellation Policy¶

No Changes After Processing Pursuant to our Order Acceptance Policy, we do not allow orders to be edited or canceled once the order status has been set to “Shipping Label Created.” Finality of Sale Once the shipping label is generated, the order is considered final and is subject to our standard Return Policy.

Guarantee and Disclaimers¶

Freshness Guarantee We want you to be satisfied with your order. We provide the following freshness guarantees, provided you follow our Shipping Policy:

Cut Products: Food products and plants/herbs removed from their growing medium prior to shipment are guaranteed to be fresh for 7 days from the time of receipt.
Live Plants: All live plants (except those cut or removed from growing medium) are guaranteed to remain fresh for 7 days from the time of receipt.

Your Exclusive Remedy If a product does not meet our guarantee, our sole obligation—and your exclusive remedy—will be, at our discretion:

To refund the purchase price of the item, or
To replace and deliver an equivalent product as soon as reasonably possible.

Claim Deadlines All claims must be submitted via our Support Ticket System within the following timeframes:

Cut/Removed Products: Within 10 days of delivery.
Plants in Growing Medium: Within 20 days of delivery.

Final Sale After 20 days, all sales are final, and no refunds or exchanges will be accepted.

Limitation of Liability We are not liable for any direct, indirect, incidental, or consequential damages arising from:

Our decision to refund or replace an item.
Dissatisfaction with the quality of food, herbs, or live plants.
Any damages or delays caused during shipping. This includes, but is not limited to, downtime, loss of data, loss of revenue, or any other incidental or consequential damages.

Disclaimer of Warranty; Limitation of Liability¶

USER EXPRESSLY AGREES THAT USE OF OUR WEBSITES IS AT USER’S SOLE RISK. NEITHER WE, OUR AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR SITES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH OUR SITES.

OUR SITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

IN NO EVENT WILL WE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING OUR SITES OR OUR SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON OUR WEBSITES.

IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, US, NOR OUR AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UN-AUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN OUR SITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. WE, AND OUR AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS, SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, US, NOR OUR AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURRENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.

Jurisdiction/Arbitration¶

This Agreement will be governed by and construed in accordance with the internal laws of the State of Colorado in the United States of America, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section, all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Chaffee County Colorado or the closest JAMS office to our own office, before J.A.M.S./EN-DISPUTE or its successor (“JAMS”) pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the “Act”); and the terms and conditions of this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.’s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the “JAMS Rules”), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS’s panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party’s notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator’s award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason, JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator’s fees will be shared equally by the parties and each party will initially bear its own costs and attorneys’ fees, but the prevailing party shall be reimbursed by the other party for all attorneys fees, witness fees, and arbitration costs. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief.

Foreign Usage¶

Legal Compliance We make no representation that the use of our Website(s) or the provided Site Content is appropriate or legal in jurisdictions outside the United States.

User Responsibility If you access our Website(s) from outside the United States, you do so at your own risk. You are solely responsible for complying with all local laws, statutes, and regulations in your jurisdiction.

Erratum¶

This site may contain typographical errors or mistakes, and we disclaim any responsibility for such errors, and you agree to hold us harmless from any legal responsibility for such errors.

Modifications of this Agreement¶

Right to Revise We may revise or modify any portion of this Agreement at any time without notice to you.

User Responsibility It is your responsibility to read this Agreement each time you visit our Website(s) or use any tool or service we provide.

Acceptance of Terms Any usage of our site, tools, functions, or services constitutes your confirmation that:

You have read the most current version of this Agreement.
You agree to be bound by the terms and conditions of the latest version.

Notice¶

Methods of Communication At our sole discretion, we may issue notices to you via:

Electronic Mail:** Using the email address associated with your account.
Surface Mail: Using the physical address provided during the order process.

No Obligation to Notify Except where required by law, we do not have any responsibility to provide specific notices regarding site changes or updates to website visitors, customers, or members. It is your responsibility to review our terms and site updates regularly.

Force Majeure¶

Excusable Delays Neither party shall be liable for any delay or failure in performance due to events beyond their reasonable control ("Force Majeure"). This includes, but is not limited to:

Acts of God, earthquakes, fires, floods, or extreme weather.
Labor disputes, riots, war, insurrection, or sabotage.
Changes in law, regulations, or government policy.
Pandemics, epidemics, or other widespread illnesses.
Acts or omissions of vendors, transportation difficulties, or inability to obtain raw materials.
Interruptions in telecommunications, DNS propagation, or failures in third-party software/hardware.
Server Downtime We are not responsible for server downtime under any circumstances.

Final Acknowledgment and Agreement¶

By using any of our Website(s), you explicitly agree to the following:

Legal Bound: You acknowledge that you have read, understand, and agree to be legally bound by these Terms and Conditions and our Privacy Policy.
Compliance: You agree to follow these Terms and all applicable laws and regulations.
Eligibility: You warrant that you are at least 18 years old and have the authority to enter into this agreement (personally or for an entity).
Jurisdiction: You are a resident of the United States or lawfully consent to U.S. jurisdiction as if you were a resident.

If you do not agree to these Terms and our Privacy Policy, you are not authorized to use our Website(s), services, or products. You must leave the Website(s) immediately and deactivate any accounts you have created.