MilKEEP, LLC (“Provider”) offers its products and services to you subject to the following Terms of Service (“Terms”), which may be updated by Provider from time to time without notice to you. Your use or access of this website [www.MilKEEP.com] and affiliated websites (the “Site”), and your access or use of Provider’s software, applications, products and services (collectively, “Services”) is governed by these Terms. In addition, when using particular Provider Services, you may be subject to additional third party terms of service, outside of Provider’s control, be sure to review any third party terms of service, privacy and security policies before using their site or services.
1. Acceptance of Agreement
By accessing Provider’s Site, using the Services offered by Provider, subscribing or ordering Services online or through a mobile app, creating a user account, or accepting the Terms electronically, you agree to be subject to these Terms and any additional terms and conditions found on any of our affiliated websites that may apply. If you do not agree to these Terms or any affiliated terms of service, do not use the Site or Services.
2. Modifications to Site or Services
Provider may at any time, in its sole discretion, modify or discontinue, temporarily or permanently, the Site or Services (or any part thereof) with or without notice. You agree that Provider will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or Services. Provider reserves the right, in its sole discretion, to make any necessary updates, modifications and adjustments at any time to the product descriptions, warranties, and prices without prior notice.
Provider endeavors to provide content on the Site and Services that is current and accurate. Errors and misprints may occur. Provider is not obligated to sell products or services based on errors or misprints on our Site.
4. Intellectual Property Rights
All information, material, photographs, text, images, logos, graphics, clips, downloads, designs, applications, software, code, and content published or accessible through the Site or our Services (“Content”) is protected by copyright, trademark and other intellectual property and proprietary rights and laws. All such Content is copyright of Provider except where indicated otherwise. All source code is owned by Provider except where expressly indicated otherwise, and may not be used or copied without permission. Certain Content, including without limitation certain names, words, titles, phrases, logos, icons, graphics, designs or other content on the Site are trade names or trademarks owned by Provider or third parties, and may not be used without written permission from Provider or the third party owner. You may not modify, copy, distribute, transmit, display, perform, reproduce or use for commercial purposes any Content obtained from the Site or Services without proper authority from Provider, except as expressly stated above.
5. Links to Third Parties
Links to third party websites from the Site are meant for convenience only. Provider does not review or control these third party websites and is not responsible for any third party websites or the content of those sites. Inclusion of any linked website does not imply approval or endorsement of the linked website by Provider. Linking to any other site is at your own sole risk and Provider will not be responsible or liable for any damages associated with linking.
Provider and its employees, agents, affiliates, partners and suppliers provide all Content, SITE, and Services available through the Provider and its affiliates websites “as is”, without warranties, representations and conditions of any kind, whether express or implied. Provider makes no representation, warranty or guarantee of the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the site, the Services, or of any Content the site. The website, the Content, and the Services are provided to you strictly on an “as is” basis. Except as specifically set forth in this agreement, all conditions, representations and warranties regarding the website, the Content, and the Services, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantable quality, merchantability, fitness for a particular use or purpose, or non-infringement of third party rights, are disclaimed to the maximum extent permitted by applicable law by Provider.
7. Limitation of Liability
Under no circumstances shall Provider, nor any of its partners, associates, employees, agents, successors, assigns, affiliates, or content or service providers, be liable to you or any other site user or any third party for any damages of any kind, including without limitation loss of profits or other economic loss, or for any direct, indirect, exemplary, incidental, punitive, special or consequential damages, even if advised of the possibility of such damages, arising out of the posting or non-posting of documents and information, the design, functionality or use of the Site or Services, the reliance on any statement or advice from any other user of the Site or Services, or inability to gain access to or use the Site, Services, or any part thereof or to any Content, documents and information, or out of any breach of any warranty, express or implied. Provider’s aggregate liability arising out of the Terms, Site, or Services will not exceed the Lesser of one hundred dollars ($100) or the amount you have paid THE PROVIDER in the past twelve months.
You agree to indemnify and hold Provider, its affiliates, partners, attorneys, staff, and each of their respective directors, officers, employees, consultants, agents and suppliers harmless from any costs or damages of any kind, including reasonable legal fees, arising from a claim or demand pertaining to your use of the Content, Site, or Services, breach of these Terms, or your violation of any rights of another, except to the extent where you can show that such costs or damages were caused by Provider.
9. Severability of Clauses
If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Subheadings used in the Terms of Service are not to be used to construe or interpret the Terms.
10. Entire Agreement
The Terms, and any application additional terms or other terms herein incorporated by reference, constitute the entire agreement between you and Provider, and govern your use of the Site, Content and the Services, superseding any prior agreement, whether oral or written. You shall be subject to additional terms and conditions that may apply when you use or purchase certain Provider services, affiliate services, third-party content or third-party software.
The failure of Provider to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
This Agreement is not transferable by you in any way and may not be assigned to any third party without our written consent. Provider may transfer this agreement to a third party without notice to you.
13. No Third Party Rights
No provision of these Terms provides any person or entity not a party to these Terms with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
14. Forum Choice
The Terms and the relationship between you and Provider shall be governed and construed by the laws of the Commonwealth of Virginia, without regard to its conflict of laws provisions. You hereby consent and submit to the personal and exclusive jurisdiction of the courts of the Commonwealth of Virginia in any action or dispute related to these Terms.
15. Changes to the Policy
Provider reserves the right to update these Terms from time to time as it deems necessary. You are encouraged to review this Terms page regularly for updates.
16. Questions or Comments
Please send any and all questions regarding these Terms via email to Team@MilKEEP.com.