Privacy Policy
and Terms of Use
Privacy Policy
November 1st, 2023
Territorial Trading LLC LLC respects and protects the privacy of our customers and those who use our websites, our products and services and our software applications for mobile devices (Services). Our Services provide access to equipment, parts, memorabilia, appraisal, sale services, and more. As we build these Services, we are committed to the principals of respecting your privacy, keeping your data safe, and improving our products and services for our customers. This privacy statement provides details about how your personal information is collected and used. Personal information is any information that identifies you or would enable someone to contact you, such as your name, email address, phone number and other non-public information that is associated with the foregoing. This privacy statement applies to (1) the territorialTrading LLC.com website, and other websites that are added in the future, (2) products and services that are located in the territorialTrading LLC.com domains and any other sites owned or operated by Territorial Trading LLC, and (3) Territorial Trading LLC’s software applications for mobile and other applications that may be added in the future. Territorial Trading LLC is located at 713 Van Horn Street, Almena, Kansas, USA and is the controller of the data processing described in this Privacy Policy.
Before using or submitting information to our Services, please read this entire Privacy Policy. By using our Services, you agree that you have read and understand this Privacy Policy. Whenever you submit information via our Services, you consent to the collection, use, processing and disclosure of that information in accordance with this Privacy Policy. “Processing,” means using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information.
Unsubscribing
Territorial Trading LLC takes your preferences into account as much as possible in the provision of services and information. If you no longer want to receive information about (new) products and services (by post, e-mail, etc.), you can unsubscribe by sending an e-mail to territorialTrading LLCllc.com or in writing to Territorial Trading LLC 713 Van Horn Street, Almena, Kansas 67622. You can stop all collection of information by the Applications easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
What Information Is Collected
Our Services may collect both personally identifiable information (Personal Information) and information about your use of our Services that is not identifiable to you personally (Non-personal Information. All Operation Characteristic Information submitted by you to the Services may be retained by us indefinitely, even after you terminate your account. We may continue to use such Operation Characteristic Information in a manner that does not reveal Personal Information.
Territorial Trading LLC LLC has collected the following categories of personal information within the last twelve months:
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Identifiers such as names, email addresses, online identifiers, and IP addresses.
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Internet or network activity such as information about website user interaction with this website.
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Employment-related or professional information such as current or past job history.
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Inferences drawn from personal information such as information regarding an individual’s preferences or behaviors.
Territorial Trading LLC LLC collects personal information directly from you or indirectly from you by observing your interactions with our website.
Processing Personal Information
Personal Information may include your name, address, email address, telephone number, and place of business. You may also have the opportunity to provide us with other Personal Information through certain sections of our Services, such as registration forms and surveys. Your personal details are stored when you register to our Services. The personal information we hold is restricted to contact details and/or where you have registered an interest in a product or service. We may use your Personal Information to respond to your requests and questions, to personalize your access to our Services, to contact you with information that might be of interest to you, to fulfill the purpose for which you provide the Personal Information, for any purpose disclosed by us when you provide the information, and for our internal business purposes. The legal basis for this processing is based on the performance of a contract with our customers and on the legitimate interests pursued by us to contact our former customers, prospects and persons interested in our products, services and activities. Your personal data will be deleted after the minimum retention period dictated by rules for professional conduct, a legal obligation, or in the absence thereof, within two years after the termination of the purpose of our relationship, such as ending the customer relationship.
Disclosure and Sale of Personal Information
Territorial Trading LLC LLC does not sell the personal information we collect. Territorial Trading LLC may disclose your Personal Information to our subsidiaries and affiliates; to contractors, service providers or other third parties we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them. We may transfer your Personal Information to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Territorial Trading LLC or of Territorial Trading LLC’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal information is among the assets transferred.
We may disclose your Personal Information to third parties:
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To fulfill the reason you provided the information.
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To process your requests, purchases, transactions, and payments.
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For purposes of testing, research, analysis, and development of products.
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If we believe that the disclosure is necessary to enforce this Privacy Policy or the terms governing your use of our Services.
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To protect the rights or property of Territorial Trading LLC or another party.
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To protect the confidentiality of another party.
We may disclose your Personal Information to comply with any court order, law or legal process, including in response to a government or regulatory request, or when we believe that an applicable law, regulation, or legal process requires it. We also may create aggregate information from your Personal Information that does not identify any individual. We may use such aggregate information for our management and business purposes and may share this aggregate information with third parties. This aggregate information will not identify you or your Personal Information.
Use of Operation Characteristic Information
Territorial Trading LLC may use Operation Characteristic Information to improve its products and services and for research purposes. This information may be used to identify trends or formulate suggested operation management practices. Operation Characteristic Information is de-identified data that does not identify you or your locations.
Product Information
We may contact you by email, mail, or telephone regarding our products and services, but only if you have indicated a preference to receive this information. In the event that we decide to contact you regarding our products and services, we will provide a link for you to unsubscribe from such communications and change your preferences.
Children
Our Services are not intended for children under the age of 16. We do not intentionally collect or use any Personal Information from children who identify themselves as being under the age of 16. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us and we will delete such information from our files within a reasonable time. Such requests must be submitted to us at one of the following addresses: e-mail to territorialTrading LLCllc@gmail.com or in writing to Territorial Trading LLC 713 Van Horn Street, Almena, Kansas 67622.
Security of Information
We take appropriate technical and organizational measures and reasonable steps to protect your Personal Information from loss, misuse, unauthorized access, disclosure, alteration, or destruction, but do not and cannot guarantee such protection. Please bear in mind that transmissions over the Internet are not completely secure, and any information you send to or from our Services may be accessible by others. More specifically, email sent to or from our Services may not be secure. As a result, you should take particular care in deciding what information you send via email. Any passwords, ID numbers, or other special access numbers you might use to access any part of our Services are your responsibility; take care to safeguard them.
Processing Non-personal Information
Non-personal Information may include technical information such as the type of Internet browser you use, the date and time you access our Services, your Internet protocol address, and which pages you view on our Services. Like many other websites and mobile applications, our Services may collect some information passively as you navigate through the Services (that is, without you actively providing the information) using various technologies and means, such as navigational data collection. General information on visits to our Services is captured and stored without visitors being identified. In addition, our mobile applications may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, and your mobile operating system. The purpose of this is to improve the quality of our Services, our users’ browsing experience and for other management and business purposes. We also use your computer’s IP address for this purpose. The IP address is a number that is automatically assigned to your computer when you browse the Internet. This information can also be used to see how our Services are being used and for analysis and reporting purposes. In principle, IP addresses are not linked to information that would identify you, unless you have given your explicit permission for this. We may share Non-personal Information with third parties, but never in a way that directly connects you to the Non-personal Information.
Territorial Trading LLC does not support DNT
At this time Territorial Trading LLC sites do not recognize automated browser signals regarding tracking mechanisms, which may include ‘do not track’ instructions. However, you can change your privacy preferences regarding the use of cookies and similar technologies through your browser. You may set your browser to accept all cookies, block certain cookies, require your consent before a cookie is placed in your browser, or block all cookies. Please consult the ‘Help’ section of your browser for more information.
Special Notification for California Residents
California law provides California residents with specific rights regarding their personal information. Individual users of our Services who reside in California and have provided their personal information to us may request information about our collection, use, and disclosures of certain categories of personal information to third parties for their direct marketing purposes. Such requests must be submitted to us at one of the following addresses: e-mail to territorialTrading LLCllc@gmail.com or in writing to Territorial Trading LLC LLC, 713 Van Horn Street, Almena, Kansas 67622, USA.
Within thirty days of receiving such a request, we will provide information including a list of the categories of personal information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the address specified in this paragraph.
California residents may also have the right to request that we delete personal information, subject to certain exceptions.
Additional Rights for Residents of Colorado, Connecticut, Virginia, and Utah
Residents of Colorado, Connecticut, Virginia, and Utah may have the following rights:
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The right to request Territorial Trading LLC to confirm whether we process their personal information.
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The right to access and/or delete certain personal information maintained by Territorial Trading LLC.
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The right to obtain a copy of your personal information that you previously provided Territorial Trading LLC.
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The right to opt out of processing personal information for targeted advertising and sales.
Residents of Colorado, Connecticut, and Virginia also may have the following additional rights:
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The right to correct inaccuracies in your personal information maintained by Territorial Trading LLC.
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The right to opt out of profiling in furtherance of decisions that produce legal or similarly significant effects.
To exercise any of your rights, please call 785-664-8484 or contact us. Your request must contain enough information for Territorial Trading LLC to verify your identity or authority to make the request. To appeal Territorial Trading LLC’s decision regarding the exercise of your rights, please email us at territorialTrading LLCllc@gmail.com
Use of cookies by Territorial Trading LLC
A cookie is a small amount of data (a small file) sent to your computer/device by a website. The website tells your web browser (e.g. Internet Explorer) to store these cookies on your computer/device. There are two types of cookies. Session cookies are deleted from your computer/device when you close your web browser. Persistent cookies remain stored on your computer/device even after your web browser is closed.
Cookie
A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. More specifically, we use cookies and other tracking technologies for the following purposes:
Performance Cookies
These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.
Targeting Cookies
These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
Functional Cookies
These cookies enable the website to provide enhanced functionality and personalisation. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly.
Strictly Necessary Cookies
These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.
Refusing cookies
You can refuse cookies by adjusting your browser settings (e.g. Internet Explorer or Mozilla Firefox) to disable all or certain cookies (see your web browser manual or help function). If you disable cookies, some services may not be available to you.
Google Analytics Features
Our Services have implemented the Google Analytics Advertising Features, “Display and Search Remarketing” and “Advertising Reporting Features,” in order to advertise online (which we do) via Google’s “Remarketing” feature. Third-party vendors, including Google, may show our ads on websites across the Internet. We and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone’s past visits to our Website. See Google Analytics Terms of Service for more information: https://www.google.com/analytics/terms/us.html Visitors can opt-out of Google’s use of Cookies and Google Analytics for Display Advertising by using the Ads Settings found here: https://tools.google.com/dlpage/gaoptout?hl=en
No Error-Free Performance
We do not guarantee error-free performance under this Privacy Policy. We may not always catch an unintended privacy issue, despite our efforts to do so. We will use reasonable efforts to comply with this Privacy Policy and will take prompt corrective action when we learn of any failure to comply with it. Accordingly, we welcome your feedback regarding any privacy concerns.
Territorial Trading LLC Services and other websites
Territorial Trading LLC Services may contain some links to other websites. When you click on one of these links you are being transferred to a website operated by someone other than Territorial Trading LLC, and the operator of that website may have a different privacy policy. We are not responsible for their individual privacy practices. We cannot accept any liability for the handling of your information by these parties. For further information, please read the privacy statement (if available) of the website you are visiting.
Access and correction rights
You can request access to and have the opportunity to correct, delete or export your personal data by contacting us by e-mail at territorialTrading LLCllc@gmail.com or in writing to Territorial Trading LLC at 713 Van Horn Street, Almena, Kansas 67622. You may also restrict or object to the processing of your personal data. For security reasons, we will take steps to authenticate your identity before providing access to your personal data. You also have the right to lodge a complaint with a Data Protection Authority.
Amendments
Territorial Trading LLC reserves the right to update this Privacy Policy periodically. Please check this Privacy Policy regularly for the latest version of our Privacy Policy. It is your responsibility to review the most recent version of the Privacy Policy and remain informed about any changes to it. Your continued use of our website after the post of changes to this Privacy Policy constitutes your acceptance of changes.
Contact Information
If you have questions about this Privacy Policy or Territorial Trading LLC’s privacy practices, please do not hesitate to contact us at:
Global Headquarters
Almena, Kansas
713 Van Horn Street
Almena, Kansas 67622
785-664-8484
territorialTrading LLCllc@gmail.com
Terms of Use
Last modified October 2nd, 2024
1. BINDING CONTRACTUAL TERMS
By downloading from or using the Territorial Trading LLC’s website www.territorialTrading LLC.com (the “Website”), including all Content (as defined below) available through the Website, or by accessing any associated content such as email feeds, app content, or other related services provided by Territorial Trading LLC (collectively the “Service”), the person or entity downloading from or using the Service (“You”) signify (a) that You have read and understood these Terms of Use (which include the Privacy Policy) (“TERMS”); and (b) that these TERMS have the same force and effect as a signed agreement. The Service is provided by Territorial Trading LLC LLC, a company registered in Almena, USA (“Territorial Trading LLC” or “We”). Territorial Trading LLC has a principal place of business at 713 Van Horn Street, Almena, Kansas 67622 USA.
You affirm that You are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties, and indemnification set forth in these TERMS, and to abide by and comply with these TERMS.
ATTENTION: PLEASE READ THESE TERMS AND OUR PRIVACY POLICY, CAREFULLY BEFORE USING THE SERVICE. DOWNLOADING FROM OR ACCESSING ANY PART OF THE SERVICE INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND PRIVACY POLICY IN FULL. IF YOU DO NOT ACCEPT THESE TERMS AND PRIVACY POLICY, DO NOT USE THE SERVICE AND DELETE ANY DOWNLOADED APPLICATIONS AND MATERIALS IMMEDIATELY.
We reserve the right to modify, withdraw, or discontinue the Service (or any portion of the Service), temporarily or permanently in our sole discretion, with or without notice to You, and are not obligated to support or update the Service. YOU AGREE THAT TERRITORIAL TRADING LLC WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY IN THE EVENT THAT WE EXERCISE OUR RIGHT TO MODIFY OR DISCONTINUE THE SERVICE (OR ANY PORTION OF THE SERVICE). Unless explicitly stated otherwise, any new features that augment or enhance the current Service will be subject to these TERMS.
We may change these TERMS at any time. Please review the TERMS each time You visit the Service. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TERMS.
These TERMS include a disclaimer of warranties, a disclaimer of liability, a class action waiver, as well as a release and indemnification by You in Sections 1, 3, 4, 8, 12, 13-15, and 17. Please review those sections (and all other terms) carefully.
2. PRIVACY POLICY
Our Privacy Policy describes the information Territorial Trading LLC collects when You and others use the Service. It also describes how Territorial Trading LLC uses and shares any personal information You share with it. Our Privacy Policy is part of these TERMS. By agreeing to these TERMS, you are also consenting to our collection, use, and sharing of Your personal information in accordance with our Privacy Policy. Please Click Here to review our Privacy Policy.
3. LINKS TO AND FROM THE SERVICE
The Service may contain links to third-party websites and online services (such as social media sites) that are not owned or controlled by Territorial Trading LLC. Territorial Trading LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or online services, and You access and use these websites or online services solely at Your own risk. These links are provided for Your reference and convenience only, and do not necessarily imply any endorsement, sponsorship, or recommendation of the material on these third-party websites or online services or any association with their operators. In addition, Territorial Trading LLC will not and cannot control or edit the content of any third-party website or online service. BY USING THE SERVICE, YOU EXPRESSLY RELEASE TERRITORIAL TRADING LLC, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, DISTRIBUTORS, AND SUPPLIERS (COLLECTIVELY “THE TERRITORIAL TRADING LLC PARTIES”) FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICE AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD PARTY. Accordingly, We encourage You to be aware when You leave the Service and to read the terms and conditions of use for each other website or online service that You visit.
Except as You have otherwise agreed with Territorial Trading LLC in writing, You may link to the Website from Your website, subject to the following: (1) You may not frame the Website or any portion of the Website; (2) You will not override or hinder the functionality of an end-user’s web browser’s “back” function; (3) the link must be identified using a plain text rendering of the Territorial Trading LLC name and not any Territorial Trading LLC logo; (4) You may not use any Territorial Trading LLC logos in any way; (5) You may not use the link in any way that suggests that Territorial Trading LLC is associated with or endorses You or Your website; (6) the link may not appear on any website that a reasonable person may consider obscene, defamatory, harassing, offensive, or malicious, and may not be presented in any way that disparages Territorial Trading LLC or damages its rights, reputation, or goodwill; and (7) We may terminate Your right to link to the Website at any time for any reason or no reason.
4. USER SUBMISSIONS
The Service may permit the submission of text, graphics, photos, videos, material, information, comments, feedback, notes, messages, ideas, concepts, know-how, techniques, or other communications submitted by You and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published or posted, Territorial Trading LLC (1) does not guarantee any confidentiality with respect to any User Submissions, (2) does not pay any compensation for User Submissions, and (3) is under no obligation to respond to or post any User Submissions.
You shall be solely responsible for Your own User Submissions and the consequences of posting or publishing them. Territorial Trading LLC does not claim ownership of any of Your User Submissions. However, by submitting the User Submissions to Territorial Trading LLC, You hereby grant Territorial Trading LLC and its successors, assigns, and affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), and transferable right and license to use, reproduce, distribute, prepare derivative works of, modify, display, publish, broadcast, perform, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Submissions in connection with the Service and Territorial Trading LLC’s (and its successors’, assigns’, and affiliates’) business, including, without limitation, for promoting and redistributing part or all of the Service (and derivative works thereof) in any form and media formats and through any media channels for any purpose of Territorial Trading LLC or its successors, assigns, and affiliates in their sole discretion. You also hereby grant each user of the Service a worldwide, non-exclusive, royalty-free license to access Your User Submissions through the Service, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted through the functionality of the Service and under these TERMS.
You also agree that immediately upon the creation by or on behalf of Territorial Trading LLC, its affiliates, successors, or assigns, of any derivative works from, modifications, edits, or other changes to the User Submissions (the “Modified Content”), the Modified Content will become the sole and exclusive property of Territorial Trading LLC and that We will own the entire right, title, and interest in and to the Modified Content, including the right to secure copyright registration for the Modified Content and to otherwise use the Modified Content for any purpose as determined by Territorial Trading LLC in its sole discretion. You hereby grant, assign, transfer, and convey any and all right, title, or interest You have or may be deemed to have in and to the Modified Content to Territorial Trading LLC.
In connection with User Submissions, You represent and warrant that You will not: (1) transmit, submit, or post material that is copyrighted, protected by trade secret, or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to transmit, submit, or post the material and to grant Territorial Trading LLC all of the license rights granted herein; (2) publish falsehoods or misrepresentations that could damage Territorial Trading LLC or any third party; (3) transmit, submit, or post material that involves gambling, gaming, sweepstakes, and/or any other activity with an entry fee and a prize, or (4) transmit, submit, or post material that is otherwise inappropriate. In addition, You agree to pay for all royalties, fees, and other payments owed to any party by reason of Your transmitting, posting, or submitting User Submissions. TERRITORIAL TRADING LLC DOES NOT ENDORSE ANY USER SUBMISSION OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN, AND THE TERRITORIAL TRADING LLC PARTIES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH USER SUBMISSIONS. Territorial Trading LLC does not permit copyright infringing activities, infringement of rights of publicity, or infringement of other intellectual property rights on its Service, and Territorial Trading LLC will remove all Content (including User Submissions) if properly notified that such Content or User Submission infringes on another’s rights (see Sections 10 and 11 below). Territorial Trading LLC will not necessarily monitor User Submissions. However, Territorial Trading LLC reserves the right to monitor, alter, edit, or remove Content (including User Submissions) and block users without prior notice and for any reason. Territorial Trading LLC also reserves sole discretion to decide whether any Content (including a User Submission) is appropriate and complies with these TERMS.
On Territorial Trading LLC’s social media sites, You further represent and warrant that You have the permission of any individuals depicted in photographs, videos, or recordings that You submit to use their likeness and/or voice, as well as all other legal rights necessary to grant the license above to Territorial Trading LLC.
You understand that when using the Service, You will be exposed to User Submissions from a variety of sources, and that Territorial Trading LLC is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST THE TERRITORIAL TRADING LLC PARTIES WITH RESPECT THERETO, AND AGREE TO INDEMNIFY AND HOLD THE TERRITORIAL TRADING LLC PARTIES HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE SERVICE.
5. USERS WHO VIOLATE TERMS OF USE
Territorial Trading LLC may, at its sole discretion, disable access or partially disable access to the Service for any users who violate these TERMS, including, but not limited to (1) users who submit User Submissions that infringe copyrights, trademarks, rights of publicity, or other intellectual property rights, especially if they do so repeatedly, (2) users who provide false or inaccurate information; (3) users who breach these TERMS including any warranties; and (5) users who misuse or challenge Territorial Trading LLC’s rights in the Content.
6. RESTRICTIONS ON USE OF THE SERVICE
In Your use of the Service, You will not:
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use the service in any way that violates applicable law or regulation;
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use the Service for any purpose other than for using the features We intentionally make available to You;
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copy, download, or distribute any part of the Service in any form or medium without the prior written authorization of Territorial Trading LLC;
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alter, modify, or make derivative works from any part of the Service without the prior written authorization of Territorial Trading LLC;
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resell or attempt to license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party all or any part of the rights granted to You under these TERMS, the Service, or any Content, in whole or in part;
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modify, copy, distribute, download, scrape, or transmit in any form or by any means any Content from the Service, other than Your content which You legally post on, through, or in connection with the Service;
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provide false personal information;
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use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Service; provided, however, that general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Service are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent;
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post, transmit, or submit any confidential (including social security or alternate national identity numbers, non-public phone numbers, or non-public email addresses), false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, offensive, inflammatory, scandalous, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law;
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upload, download, post, email, or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party;
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use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use of the Service;
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obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Service;
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facilitate gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize;
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impersonate or misrepresent any person or entity or Your affiliation with someone else;
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collect personally-identifiable information of other users;
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harvest information about users or Territorial Trading LLC employees or distributors for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications;
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solicit other users to join, become members of, or contribute money to any online service or other organization;
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post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Service; or
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upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
Territorial Trading LLC will fully cooperate with any law enforcement authorities or court order requesting or directing Territorial Trading LLC to disclose the identity of anyone violating these TERMS.
Territorial Trading LLC believes in children’s online safety and does not wish to receive information regarding children under 18 years old. If You are under 18 years of age, then please do not attempt to submit any information to or use the Service.
7. INTELLECTUAL PROPERTY
Everything You see, hear, or otherwise experience on the Service, including, but not limited to, the graphics, videos, audio recordings, text, software, photographs, scripts, software screens, design elements, artwork, templates, layout designs, interactive features and the like, the concepts and ideas underlying the Service, and all statistical, analytical, and other data captured by or through the Service (collectively, “Content”) and the trademarks, service marks, and logos contained therein (“Marks”), are owned by or licensed to Territorial Trading LLC, subject to copyright and other intellectual property rights under United States and international laws and conventions. Territorial Trading LLC owns the copyright in the selection, coordination, arrangement, and enhancement of the Content. Any unauthorized use of any materials on the Service or use of the Marks may violate copyright, trademark, and other laws.
For Your personal use, You may view, copy, and print pages from the Service. Otherwise, the Service may not be copied, downloaded, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Territorial Trading LLC reserves all rights not expressly granted in and to the Service, the Content, and the Marks. You agree not to use, copy, download, or distribute any of the Content other than as expressly permitted herein, including any use, copying, downloading, making derivative works from, or distribution of User Submissions of third parties obtained through the Service for any commercial purposes. You may not incorporate the Content into, or stream or transmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Territorial Trading LLC in writing. You may not create, recreate, advertise, or distribute an index of a significant portion of the Content unless authorized in writing by Territorial Trading LLC. You may not build a business using the Content, whether or not for profit. If You copy, screenshot, download, or print pages of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein, nor may You scrape or use any extraction methods to obtain any Content or data from the Service.
8. ADVERTISEMENT RELEASE
Territorial Trading LLC takes no responsibility for advertisements or any third-party material posted on or transmitted through the Service (“Advertisers”). Any dealings You have with Advertisers found while using the Service are between You and the Advertiser, and You agree that Territorial Trading LLC is not liable for any loss or claim that You may have against an Advertiser.
YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO RELEASE THE TERRITORIAL TRADING LLC PARTIES FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE AND YOUR TRANSACTIONS WITH ADVERTISERS OR OTHER THIRD PARTIES. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER. YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION (INCLUDING, WITHOUT LIMITATION, THE STATES OF MISSOURI, DELAWARE, AND PENNSYLVANIA) TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.
9. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If You are an intellectual property owner or an agent thereof and believe that either (1) any Content or User Submissions on the Service or (2) any material or activity contained on an online location to which Territorial Trading LLC has referred or linked users infringes upon Your intellectual property rights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) and 512(d) for further detail):
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a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works on the Service;
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identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (or in the case of referrals or links that are claimed to lead to infringing material or activity, identification of the reference or link that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link);
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information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an email address;
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a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
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a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notification pursuant to the DMCA should be submitted to:
Territorial Trading LLC LLC
713 Van Horn Street
Almena, Kansas 67622 USA
785-664-8484
territorialTrading LLCllc@gmail.com
You acknowledge that if You fail to comply with all of the requirements of this section, Your DMCA notice may not be valid. Emails or notices sent to Territorial Trading LLC without a proper subject line, or for purposes other than communication about intellectual property claims, may not be acknowledged or responded to.
11. TRADEMARKS AND CELEBRITY MATERIAL
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Territorial Trading LLC responds to complaints that Content infringes trademarks or celebrity material. Trademarks include logos, brand names, and trade dress, which is the distinctive visual appearance of a product or its packaging.
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Please be aware that celebrities, and sometimes others, may have a “right of publicity,” which means that they may have a right to control commercial uses of their name, image, likeness, and other aspects of their identity. Although You may be a fan, You risk infringing celebrity rights if You use a celebrity name or likeness on the Service and You do not have the celebrity’s permission.
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If You are a trademark owner or a celebrity and You believe Your rights have been infringed on the Service, please submit a notification of infringement to our agent listed in Section 9 above.
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To submit a notification, You must be the trademark owner or celebrity or an authorized agent of the trademark owner or celebrity.
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When submitting a notification of trademark or trade dress infringement, provide a copy of the relevant trademark or trade dress registration(s) from the U.S. Patent and Trademark Office. Please also provide the location on the Service where You believe the infringement is occurring.
12. WARRANTIES
You warrant and represent to Territorial Trading LLC as set out below:
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The information provided to Territorial Trading LLC in any profile, email, contact form, postings, telephone call, or through other means, including all personal details, contact details, and all other data provided to Territorial Trading LLC, is true in all respects, up-to-date, and not misleading in any way.
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You will keep the information referred to in paragraph (a) up to date.
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You will not access the Service under false identity or pretext and will not use it to falsify Your or any other person’s identity.
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You will use the Service lawfully and in good faith.
13. DISCLAIMERS
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE TERRITORIAL TRADING LLC PARTIES GIVE NO WARRANTY AND MAKE NO REPRESENTATION IN RELATION TO THE SERVICE OR THE CONTENT. THE TERRITORIAL TRADING LLC PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW AND YOU WAIVE ANY REPRESENTATION OR WARRANTY ON THE PART OF THE TERRITORIAL TRADING LLC PARTIES RELATING TO THE SERVICE OR THE CONTENT, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE, IN CONNECTION WITH THE SERVICE, ANY SOFTWARE LICENSED OR PROVIDED TO YOU BY THE TERRITORIAL TRADING LLC PARTIES, AND ANY AGREEMENT WITH A THIRD PARTY, THAT MAY BE IMPLIED BY THESE TERMS, BY CUSTOM, OR BY LAW OR OTHERWISE AND WHICH IS NOT EXPRESSLY SET OUT HEREIN, INCLUDING ANY IMPLIED WARRANTIES OF AVAILABILITY OF THE SERVICE, NON-DISRUPTION, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, QUALITY, MERCHANTABILITY, TITLE OR ENTITLEMENT, FITNESS FOR A PARTICULAR PURPOSE, ABILITY TO ACHIEVE A PARTICULAR RESULT OR FUNCTIONALITY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, THE TERRITORIAL TRADING LLC PARTIES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SERVICE OR ON ANY WEBSITES OR APPS LINKED TO THE SERVICE IS ACCURATE, COMPLETE, OR CURRENT; THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; THAT THE QUALITY, SAFETY, OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE OR AGREEMENTS YOU ENTER WITH THIRD PARTIES OR ADVERTISERS WILL MEET YOUR EXPECTATIONS; THAT THE SERVICE WILL OPERATE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS, OR DATA NOT PROVIDED BY TERRITORIAL TRADING LLC; OR THAT SERVICE ERRORS WILL BE CORRECTED.
14. INDEMNITY
YOU ACKNOWLEDGE THAT THE TERRITORIAL TRADING LLC PARTIES HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF GOODS OR SERVICES PROVIDED BY THIRD PARTIES OR ADVERTISERS, THE TRUTH OR ACCURACY OF ANY THIRD PARTIES’ OR ADVERTISERS’ CONTENT OR LISTINGS, OR THE ABILITY OF THIRD PARTY OR ADVERTISER TO PERFORM OR ACTUALLY COMPLETE A TRANSACTION OR SERVICE. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE TERRITORIAL TRADING LLC PARTIES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSE, AND ATTORNEY’S FEES ARISING TO ANY OF THE TERRITORIAL TRADING LLC PARTIES AS A RESULT OF ANY CLAIM, DEMAND, OR PROCEEDINGS BROUGHT OR THREATENED AGAINST THE TERRITORIAL TRADING LLC PARTIES IN CONNECTION WITH (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE SERVICE; (2) YOUR BREACH OF ANY OF THESE TERMS; (3) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING, WITHOUT LIMITATION, ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; (4) ANY CLAIM THAT ANY OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO AN INDEMNIFIED PARTY OR A THIRD PARTY; (5) ANY TRANSACTION YOU CONDUCT AS A RESULT OF CONTACT FACILITATED BY THE SERVICE; OR (6) THE USE OF YOUR TELEPHONE NUMBER, EMAIL ADDRESS, AND/OR PASSWORD BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE USING YOUR ACCOUNT, TELEPHONE NUMBER, EMAIL ADDRESS, AND/OR PASSWORD.
IF THE TERRITORIAL TRADING LLC PARTIES DO TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS, THE TERRITORIAL TRADING LLC PARTIES WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEY’S FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO THE TERRITORIAL TRADING LLC PARTIES.
15. LIMITATIONS ON LIABILITY
IN NO EVENT SHALL THE TERRITORIAL TRADING LLC PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE SERVICE OR THIRD-PARTY PRODUCTS OR SERVICES, UNDER THESE TERMS OR IN CONNECTION WITH THEIR PERFORMANCE OR BREACH, OR IN CONNECTION WITH ANY WARRANTIES HEREUNDER, INCLUDING FOR THEIR NEGLIGENCE AND INCLUDING FOR ANY LOSS OF PROFITS OR SAVINGS OR ANTICIPATED PROFITS OR SAVINGS, LOSS OF DATA, LOSS OF OPPORTUNITY, LOSS OF REPUTATION, GOODWILL OR BUSINESS, EVEN IF THE TERRITORIAL TRADING LLC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
THE TERRITORIAL TRADING LLC PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY, OR LOSS THAT YOU MAY INCUR, OR;FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM: (1) ANY SUSPENSION OR DISRUPTION OF THE SERVICE, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM THE TERRITORIAL TRADING LLC PARTIES’ NEGLIGENCE, (2) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO USE OF THE SERVICE, (4) UNAUTHORIZED ACCESS TO OR USE OF TERRITORIAL TRADING LLC’S SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (5) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, INCLUDING BY REASON OF INADEQUATE INTERNET CONNECTION TO THE DEVICE OPERATING THE SERVICE, (6) INADEQUATE OR FAULTY HARDWARE OPERATING THE SERVICE, (7) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, (8) USER SUBMISSIONS, THIRD-PARTY WEBSITES, OR APPS, (9) DISCLOSURE OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF YOUR INFORMATION OR CONTENT, (10) STATEMENTS OR CONDUCT OF ANY USERS, ADVERTISERS, OR OTHER THIRD PARTIES THROUGH THE SERVICE, (11) ANY BREACH OF THESE TERMS BY TERRITORIAL TRADING LLC OR THE FAILURE OF TERRITORIAL TRADING LLC TO PROVIDE ANY SERVICE UNDER THESE TERMS, (12) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, YOUR BUSINESS TRANSACTIONS, OR OTHER INTERACTIONS WITH ANY ADVERTISERS, WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE TERRITORIAL TRADING LLC PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
THE TERRITORIAL TRADING LLC PARTIES’ MAXIMUM AGGREGATE LIABILITY FOR ANY SINGLE EVENT (OR A SERIES OF RELATED EVENTS) GIVING RISE TO A CLAIM IN CONNECTION WITH THESE TERMS OR IN RELATION TO THE SERVICE, EITHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, MISREPRESENTATION, OR NEGLIGENCE, WILL BE LIMITED TO $50.00.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Any claims relating to use of the Service must be bought within one (1) year from the date the cause of action arose. Claims brought after such period are VOID. The Service is controlled and offered by Territorial Trading LLC from its facilities in the United States of America. Those who access or use the Service do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.
16. ASSIGNMENT
The TERMS, and any rights and licenses granted hereunder, may be transferred or assigned by You only with Territorial Trading LLC’s prior written consent, but may be assigned by Territorial Trading LLC without restriction and without notice to You.
17. CLASS ACTION WAIVER
ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE& SERVICE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.
18. SUBPOENA FEES
If Territorial Trading LLC has to provide information in response to a subpoena related to Your use of the Service, then We may charge You for our costs. These costs may include attorney and employee time spent retrieving records, preparing documents, and participating in a deposition.
19. EXPORT CONTROL
Software and the transmission of applicable technical data, if any, in connection with the Service may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States and the country in which You reside.
20. GENERAL
These TERMS constitute the entire agreement between the parties (“Parties”) and supersede all other agreements, statements, and other arrangements between the Parties in relation to the subject matter hereof. If any provision of these TERMS is held by a court, or other tribunal of competent jurisdiction, to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these TERMS, so that these TERMS shall remain in full force and effect. Each party acknowledges that it has not relied on or been induced to enter these TERMS by a representation other than those expressly set out in these TERMS.
Territorial Trading LLC and You do not intend to confer, and these TERMS will not be construed as conferring, any right, remedy, obligation, or liability of any kind on any person other than Territorial Trading LLC, You, and their successors and assigns. No modification, alteration, or waiver of any of the provisions of these TERMS will be effective unless in writing and signed on behalf of each of the Parties. No waiver of any of these TERMS shall be deemed a further or continuing waiver of such term or any other term, and Territorial Trading LLC’s failure to assert any right or provision under these TERMS shall not constitute a waiver of such right or provision.
You agree that the Service shall be deemed solely based in Kansas, United States of America and the Service shall be deemed a passive Service that does not give rise to personal jurisdiction over the Territorial Trading LLC Parties in jurisdictions other than Kansas. These TERMS are governed by United States and Kansas law, without regard to conflict of law provisions, and the Parties submit to the exclusive jurisdiction of the courts of Gray County, Kansas in relation to any dispute between them arising out of the subject matter of these TERMS.