MilKEEP Terms of Service Agreement

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.

In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of your jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration forms (such information being the “Client Data”) (b) maintain and promptly update the Client Data to keep it true, accurate, current and complete, and (c) only upload or submit information and data that you have a right to grant access to Provider to use to provide Services in compliance with our Privacy Policy. If you provide any information that is untrue, inaccurate, not current or incomplete, or Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Provider has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

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.

3. Privacy

Client Data and certain other information about you are subject to our Privacy Policy as set forth at www.MilKEEP.com/privacy. You understand that through your use of the Site and Services, you consent to the collection, use and disclosure of this information, only as permitted by our Privacy Policy, including the transfer of this information to the United States and/or other countries for storage, processing, and use by Provider and its affiliates as necessary to provide the Services to you.

4. Intellectual Property Rights

The Services, and any 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”), and all intellectual property pertaining to or contained on or in the Site, Services, and Content(including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) are owned by Provider or third parties; all rights, title, and interest will remain the property of Provider and/or such third-party owner, as applicable. All content is protected by trade dress, copyright, patent, and trademark laws, as well as various other intellectual property and unfair competition laws.

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 express 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.

You are authorized to view and retain a copy of pages of the Services only for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images, or other materials on the Services for the purpose of transacting business with Provider. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, or in any way distribute or exploit the Services, or any portion of the Services, for any public or commercial use, without our prior express written consent from Provider. Additionally, you agree that you: (a) will not remove or alter any author, trademark, other proprietary notice, or legend displayed on the Services or on any Content (or printed pages produced from the Services), and (b) will not make any other modifications to any Content or from any documents obtained from the Services other than in connection with completing information required to transact business with Provider.

5. Use of Information and Materials

The information and materials contained on and within the Services, and these Terms, policies, and descriptions of the Services, are subject to change. You accept sole responsibility for all of your activities using the Services. Your use of the Services and Content is limited to the intended function of the Services. Unauthorized use of the Services and systems, including but not limited to unauthorized entry into our systems or misuse of any information posted on the Services, is strictly prohibited. You may not use the Services in a manner that:

(a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any party (including but not limited to rights of publicity or other proprietary rights);

(b) is unlawful, fraudulent, or deceptive;

(c) uses technology or other means to access content or systems of Provider in a manner that we do not authorize;

(d) uses or launches any automated system, including, without limitation, “robots,” “spiders,” or “offline readers,” to access our content or systems;

(e) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;

(f) attempts to gain unauthorized access to our computer network or user accounts;

(g) encourages conduct that would constitute a criminal offense or that gives rise to civil liability;

(h) violates these Terms or any of our other policies;

(i) attempts to damage, disable, overburden, or impair our servers or networks;

(j) fails to comply with applicable third-party terms; or

(k) constitutes any other inappropriate conduct, as determined by us in our sole discretion.

6. 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.

7. Disclaimer

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.

8. 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.

9. Indemnification

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.

10. Termination

We may terminate or suspend your access to the Services, delete your account and any content or information or prohibit you from using or accessing the Services (or any portion, aspect or feature of the Services) if you violate these Terms, effective immediately, which may result in the forfeiture and destruction of all information associated with you and your activities in connection with the Services. If these Terms are violated, you may also be subject to monetary damages of up to $5,000 per breach. We may also terminate your account without cause for convenience upon written notice. Any fees paid hereunder are non-refundable. In the event of termination, you will still be bound by your obligations under these Terms. We reserve the right to retain and use data associated with Your Account after termination to the extent permissible by law.

11. 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.

12. 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.

13. Waiver

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.

14. Non-Transferable

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.

15. 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.

16. 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.

17. 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.

18. Questions or Comments

Please send any and all questions regarding these Terms via email to Team@MilKEEP.com.