Terms of Service

Effective Date: May 1, 2021

 

1.  Welcome to ProtectEd Solutions LLC’s website (the “website(s)” or “site(s)”). Please read on to learn the rules and restrictions that govern your use of our website(s), products, and services (the “Services”).

 

2. Service and Definition. When you (individually, or the entity that you represent, each a “User”) access the Services, you are agreeing to these Terms of Service. The Services provide information regarding products sold by ProtectEd Solutions LLC (the “Product”).

 

3. Agreement. These Terms of Service (the “Terms”) are a binding contract between you and ProtectEd Solutions LLC (“ProtectEd Solutions,” “we,” “our” and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services.  Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. 

 

In order to accept these Terms and use the Services, you must be at least 18 years of age.

 

ARBITRATION NOTICE: PLEASE NOTE THAT THESE TERMS REQUIRE RESOLUTION OF DISPUTES THROUGH USE OF AN ARBITRATION SERVICE. YOU HEREBY AGREE THAT ALL DISPUTES ARISING FROM, RELATED TO, OR IN CONNECTION WITH YOUR USE OF THE SERVICES WILL BE RESOLVED IN ACCORDANCE WITH THE ARBITRATION AND GOVERNING LAW PROVISIONS SET FORTH IN SECTION 12 BELOW.

 

4. Modification.  ProtectEd Solutions reserves the right, at its sole discretion, to modify these[WJJ5]  terms at any time and without prior notice. If we modify these terms, we will either post a notification of the modification on our website or otherwise provide you with notice of the change. The date of the last modification will also be posted at the beginning of these Terms. It is your responsibility to check from time to time for updates. By continuing to access or use the Services, you are indicating that you agree to be bound by any modified Terms.

 

5. Privacy Policy. Our Privacy Policy discusses how we collect, process, and disclose personal information through these Services. Please read that policy carefully.

 

6. User Representations and Warranties.

     a. You represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

     b. If you use the Services on behalf of a company, partnership, association, or other entity, you hereby represent and warrant that you have the capacity to enter into these terms on behalf of the entity, or an authorized representative of the entity has agreed to bind the entity to these Terms.

 

7. Acceptable Use. ProtectEd Solutions hereby grants you permission to access and use the Services provided such use is in compliance with these Terms, and you further specifically agree that your use will adhere to the following restrictions and obligations:

     a. You may not interfere with or damage the Services, including, without limitation, through use of viruses, bots, harmful code, denial-of-service attacks, backdoors, packet or through IP address spoofing, forged routing, or any similar methods or technology;

     b. You shall not copy, rip, or capture any content encountered on the Services. This includes bulk copying or “scraping” and portion of the website content using a bot or other tool;

     c. You may not decompile, reverse engineer, or otherwise attempt to obtain the source code or underling ideas and information of or relating to our Services;

     d. You may not use the Services to upload, transmit, or promote any material that constitutes junk mail, spam, or commercial offers;

     e. You may not use the Services in any manner that is illegal, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

     f. You may only use the Services for personal use, or for internal business use within your company or other entity; and

     g. You may only use the Services for lawful activity. It is your responsibility to comply with all applicable local, state, and federal laws and regulations.

8. ProtectEd Solutions Content. The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, and illustrations (all of the foregoing , the “ProtectEd Solutions Content”), are protected by copyright and/or other intellectual property laws.   

 

You acknowledge that as between you and ProtectEd Solutions, the Services and ProtectEd Solutions Content, including all associated intellectual property rights, are the exclusive property of  ProtectEd Solutions. 

 

Conditioned upon your compliance with these Terms, ProtectEd Solutions grants you a limited, non-exclusive, non-transferable license, to (i) access, view, and use the Services solely for your personal or business use and (ii) access and view any ProtectEd Solutions Content to which you are permitted access. You have no right to sublicense the licensed rights granted in this section. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by ProtectEd Solutions or its licensors, except for the licenses and rights expressly granted in these Terms.

 

9. Third-Party Content. By using the Services, ProtectEd Solutions may provide you with access to third-party websites, information, and services, including but not limited to third party databases, networks, servers, software, programs, systems, directories, applications, or products. You hereby acknowledge that ProtectEd Solutions does not control any third-party websites and services, and cannot be held responsible for their content, operation, or use. Your use of those services is subject to their respective terms of service. ProtectEd Solutions does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by third-party websites and services.

 

10. Disclaimer of Warranties.

     a. Bullet-resistance. SELLER MAKES NO REPRESENTATIONS OR WARRANTIES THAT BULLETPROOF, BULLET RESISTANT, OR BALLISTIC RESISTANT MATERIALS CAN GUARANTEE FULL PROTECTION FROM DISCHARGED BULLETS FROM ANY FIREARM, AND THE PRODUCT MAY NOT STOP OR PROTECT ANY PERSON FROM DISCHARGED BULLETS FROM ANY FIREARM.

     b. YOU HEREBY ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SERVICES AND PROTECTED SOLUTIONS LLC CONTENT ARE PROVIDED "AS IS," AND PROTECTED SOLUTIONS LLC, ITS AFFILIATES AND ITS THIRD-PARTY SERVICE PROVIDERS HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. PROTECTED SOLUTIONS LLC, ITS AFFILIATES, AND ITS THIRD-PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE SERVICES.

     c. Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.

 

11. Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL PROTECTED SOLUTIONS LLC (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $20 OR (II) THE AMOUNTS PAID BY YOU TO PROTECTED SOLUTIONS LLC IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

 

12. Indemnification. To the fullest extent allowed by applicable law, you agree to indemnify and hold ProtectEd Solutions, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your use of the Services, and (b) your violation of these Terms.

 

13. Miscellaneous.

     a. Notices. Any notices or other communications permitted or required under this Agreement, including those regarding modifications to these Terms, will be in writing and given by ProtectEd Solutions  by posting to the website or Application for the Services.

     b. No Waiver. The failure of ProtectEd Solutions to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

     c. Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without ProtectEd Solutions’ prior written consent. Any attempt by you to assign or transfer these Terms without that consent will be null and of no effect. ProtectEd Solutions may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Unless a person or entity is explicitly identified as a third party beneficiary to these Terms, these Terms do not and are not intended to confer any rights or remedies upon any person or entity other than the parties.

     d. Severability. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

     e. Governing Law with Arbitration. These Terms are governed by and will be construed under the laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws provisions thereof.  Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Cobb County, Georgia, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with those Rules. Judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in the State of Georgia. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted.  YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

     f. Entire Agreement. These Terms constitute the entire agreement between you and ProtectEd Solutions regarding your use of the Services, and supersede all prior written or oral agreements.

 

14. Contact Us. If you have any questions or feedback about the Services, please do not hesitate to contact us at info@protected.us.