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Terms & Conditions – Subtle Patriot

Terms of Use

BY USING THE SUBTLE PATRIOT WEBSITE (“OUR WEBSITE”), YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE OUR WEBSITE. Please review these Terms of Use regularly, as they may change anytime. By using our website after a change in the Terms of Use, you agree to follow and be bound by the Terms of Use as changed. Our website is owned and operated by SUBTLE PATRIOT LLC (“Subtle Patriot”). We are a registered company in Nevada and our registered address is 170 S. Green Valley Parkway, Suite 300, Henderson, NV 89011. If you have any questions about our website please contact us at (702) 318-7111 or OUR WEBSITE Our website includes everything posted on or provided through pages posted at subtlepatriot.com, including but not limited to the following:

Content

“Content” means everything you see, hear, or otherwise receive from or on our website. Content includes but is not limited to all software, marketing tools, images, graphics, photographs, trademarks, logos, trade names, text, documents and sounds, and all services provided through our website.

Marketing Tools

Our online “Marketing Tools” mean the tools and services provided by Subtle Patriot on or through our website, including but not limited to the online catalog, marketing tools, and the image library.

Intellectual Property

Unless otherwise noted, all Content is copyright, trademark, trade dress or other intellectual property owned or licensed by Subtle Patriot or its licensors and protected under U.S. and international laws and treaties. Subtle Patriot and its associated logos are trademarks or service marks of Subtle Patriot LLC. Other trademarks used on our website are the property of their respective owners. You may download and display Subtle Patriot trademarks and images for use on your website, as long as they are used properly and not in a misleading way. Subtle Patriot reserves the right to revoke permission for any usage in its sole discretion. Subtle Patriot logos displayed on your website must comply with Subtle Patriot graphic standards. Your website must not lead users to believe you are Subtle Patriot. You may not use any Subtle Patriot trademark as part of your company name, corporate name, trade name or domain name. Your website must provide your contact information, including your true name or registered trade name, and a street address or PO Box. Misleading statements (such as misleading use of “we” or “us”) must be avoided. You may use information about Subtle Patriot awards, accomplishments, memberships, announcements, etc., only with Subtle Patriot’s prior written approval as to placement and context.


Your Privacy

Subtle Patriot respects the privacy of visitors to our website.


Your Use of Our Website

You may use or download Content for your business as specifically permitted on our website, or for your personal noncommercial purposes. You are granted a limited, revocable, nonexclusive right to use the Marketing Tools as specifically permitted on our website, for the purposes expressed on our website. No other use of Content or Marketing Tools is allowed. These limited rights are granted to you only so long as in exercising these rights you:

  • Make only lawful use of our website
  • >Do not violate any else’s rights, including copyright, trademark, trade secret, privacy, publicity or other rights
  • Keep unchanged all copyright and other notices provided with Content on our website
  • Use reasonable efforts to protect the Content from unauthorized use, modification, reproduction, distribution or publication
  • Do not portray Subtle Patriot, its affiliates or licensors, or their products or services, in a false, misleading, derogatory, or offensive way; -Abide by all applicable laws, rules and regulations regarding Spam (commercial e-mail)
  • Send e-mails only to recipients with whom you have a prior business relationship
  • Send no e-mails to recipients who have asked that you stop sending them e-mails
  • Do not use a false e-mail address, impersonate any person or entity, or otherwise mislead anyone as to the origin of your services or of any Content
  • Do not copy, change, translate, decompile, disassemble, reverse engineer, loan, lease or sublicense software obtained from our website or any copy thereof.
  • You may not upload, post, transmit, distribute or otherwise publish on or to our website any of the following:
    • Software virus or other harmful component
    • Advertising or commercial material of any kind, except as expressly invited by Subtle Patriot; or -False, threatening, libelous, defamatory, pornographic, obscene or otherwise unlawful material.
    • You may not interfere with our website or any other user’s use of website by, for example, overloading, flooding, mail-bombing or crashing our website; or inserting any code or product or manipulating the Content in any way that affects any user’s experience of our website.
    • Subtle Patriot does not warrant or represent that customers are permitted to use any third-party marks. Any use of third-party marks must comply with any restrictions imposed by the mark owner, and is done at the customer’s own risk. Subtle Patriot is not responsible for the conduct of any person using our website.
  • USE BY CHILDREN

    Our website is intended only for those aged 18 and older. If you are under 18, you may not register or submit personally identifiable information on, to or through our website. Subtle Patriot does not collect personally identifiable information from any person Subtle Patriot knows to be under 18. Please see our Privacy Policy in relation to Children. Links from our website to third party websites are provided only as a convenience. You use outside links at your own risk. Such links do not constitute Subtle Patriot’s endorsement of any third party, its website, or its goods or services. Subtle Patriot disclaims liability for any injury you may experience by using such materials. You may not create links to our website that portray Subtle Patriot in a false or misleading light.

  • You may not link to any pages other than the Subtle Patriot home page or the Subtle Patriot Online Catalogs.
  • DISCLAIMERS AND LIABILITY LIMITATIONS. YOU USE OUR WEBSITE AND MARKETING TOOLS SOLELY AT YOUR OWN RISK. SUBTLE PATRIOT PROVIDES OUR WEBSITE AND MARKETING TOOLS “AS IS,” AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO ACCURACY, COMPLETENESS, IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT WILL SUBTLE PATRIOT OR ITS LICENSORS BE LIABLE UNDER ANY THEORY FOR ANY DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE OUR WEBSITE, MARKETING TOOLS OR SOFTWARE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS OF OR DAMAGE TO PROPERTY, EVEN IF SUBTLE PATRIOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If you are dissatisfied with our website or any of the Terms of Use, your sole and exclusive remedy is to stop using our website. Some states do not allow certain limitations on implied warranties or certain damages, so some of the above exclusions may not apply to you.


INDEMNIFICATION

You agree to defend, indemnify and hold harmless Subtle Patriot and its officers, directors, owners, agents, employees, affiliates, licensees and licensors from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use of our website and/or Marketing Tools and for your violation of any of the Terms of Use.


TERMINATION

Your failure to comply with any of the Terms of Use automatically revokes your authorization to use our website and Marketing Tools and terminates any and all rights granted to you under the Terms of Use. Various parts of these Terms of Use will continue in force and effect upon termination of your rights, according to their nature, including restrictions, disclaimers, liability limitations and indemnification obligations. Upon termination, you must promptly destroy all Content downloaded or obtained from our website, as well as all copies of any Content or Software. Subtle Patriot may change, suspend or discontinue or restrict any of our website features at any time without prior notice.


EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform or delay in performance, or delay in performance of any of our obligations to you that is caused by events outside our reasonable control (a “Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes (without limitation) the following: 1. strikes, lock-outs or other industrial action; 2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; 3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; 4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; 5. the acts, decrees, legislation, regulations or restrictions of any government. In the event of a Force Majeure Event, our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations to you may be performed despite the Force Majeure Event.


MISCELLANEOUS

If any provision or portion of the Terms of Use is found to be void or unenforceable, that provision or portion will be enforced to the maximum extent allowed to affect the intent of the Terms of Use, and the remainder of the Terms of Use will remain in full force and effect. No waiver of any Terms of Use shall be effective unless in writing and signed by both parties. No waiver of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under the Terms of Use. The Terms of Use are the entire agreement between you and Subtle Patriot relating to our website or Marketing Tools. Any prior agreement between you and Subtle Patriot regarding the subject matter of the Terms of Use is superseded and has no force or effect. All rights not expressly granted herein are reserved.

APPLICABLE LAW AND DISPUTE RESOLUTION

The Terms of Use will be construed according to the laws of the State of Nevada, U.S., without regard to its conflicts of laws principles. Any dispute arising under or relating to our website and/or Marketing Tools or Terms of Use shall be resolved by a court of competent jurisdiction located in Clark County, Nevada. Your use of our website or Marketing Tools constitutes your consent to submit to the jurisdiction and venue of the state and federal courts located in Nevada. In the event of a dispute hereunder, the prevailing party shall be entitled to recover its costs and expenses incurred, including reasonable attorneys’ fees