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Terms of Service and
Privacy Policy

Acceptance of Terms
Always Prepped Inc., dba AlwaysPrepped.com, ("Always Prepped") provides the following service to you, subject to these Terms of Service ("TOS"), which may be updated periodically without prior notice. Failure to comply with these TOS may result in account revocation.


Your Registration Obligations
Account registration and verification is required in order to create an Always Prepped account. During registration, all users are required to provide accurate, complete and current information about themselves in all required fields. Should any of your own information change after submitting it to Always Prepped, you are required to update that information as soon as possible. Should Always Prepped suspect that your personal information is not complete, current, or accurate, your account may be subject to suspension or termination. Should you feel that Always Prepped privacy policy is not sufficient for you to complete the registration form truthfully, please email your policy concerns to privacy@alwaysprepped.com. Users under 13 years of age are not allowed to register without the creation of a parent account.


AlwaysPrepped.com Privacy Policy
Your use of the Service is subject to the Always Prepped privacy policy outlined below.


General Practices Regarding Use and Storage
You acknowledge that Always Prepped may be required to send you emails regarding your use of the Service. You acknowledge that Always Prepped may establish limits concerning use of the Service and may modify these limits at any time.


Modification or Discontinuation of Service
Always Prepped reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Always Prepped shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.


No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service.


Termination You agree that Always Prepped, in its sole discretion, may terminate your password, username, or account, and remove and discard any content within the Service, for any reason, including and without limitation, the lack of use, or if Always Prepped believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted account and all its parts, at Always Prepped discretion, will be terminated as well. Always Prepped may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Always Prepped may immediately deactivate or delete your Always Prepped account and all related information and files. Always Prepped reserves the right to bar any further access to such files or the Service. You agree that Always Prepped shall not be liable to you or any third-party for any termination of your access to the Service.


ADVERTISEMENTS AND PROMOTIONS
You understand and agree that some or all of the Service may include advertisements and that these advertisements may be necessary for Always Prepped to provide the Service. You also understand and agree that you will not obscure any advertisements from general view via HTML/CSS or any other means. By using the Service, you agree that Always Prepped has the right to run such advertisements with or without prior notice, and without recompense to you or any other user. The manner, mode and extent of advertising by Always Prepped on your Content and throughout the Service are subject to change at Always Prepped’s discretion. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Always Prepped shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.


Links
The Service, or relevant third parties, may provide links to other web sites or resources. Because Always Prepped has no control over such sites and resources, you acknowledge and agree that Always Prepped is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Always Prepped shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.


AlwaysPrepped.com Proprietary Rights
You acknowledge and agree that the Service, and any necessary software used in connection with the Service , may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. All Always Prepped code and specifications, and all other code and specifications for the Software and the operation of the Service, are subject to their express or implied licenses. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Always Prepped or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Content or the Service, in whole or in part.


Member Conduct
You agree to NOT use the Service to:

  1. Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive to another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
  2. Harm minors in any way;
  3. Impersonate any person or entity, including, but not limited to, a Always Prepped staff member or volunteer, or falsely state or otherwise misrepresent your affiliation with Always Prepped or any other person or entity;
  4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  5. Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
  7. Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  8. Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  10. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
  11. "Stalk" or otherwise harass another person or company;
  12. Collect or store personal data about other users for business purposes;
  13. Promote or provide instructional information about illegal activities, promote physical harm or injury against any governmental entity, group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades, and other weapons or incendiary devices;
  14. Use Always Prepped as a forwarding service to another website;
  15. Allow usage by others in such a way as to violate Always Prepped TOS;
  16. Engage in commercial activities within Always Prepped or on behalf of Always Prepped without prior approval. This includes, but is not limited to, the following activities:
    1. Displaying a banner that is designed to profit you or any other business or organization; and
    2. Displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.
  17. Employ tactics to prevent the full and complete display of advertisements on Always Prepped pages. These include, but are not limited to, making journal style changes, customizations, or overrides that effectively block or substantially impair the display of advertisements on a Plus account's Content or other pages within the Service.
  18. Solicit passwords or personal identifying information for unintended, commercial or unlawful purposes from other users.
  19. Exceed the scope of the Service that you have signed up for; for example, accessing and using features that you do not have a right to use, or deleting, adding to, or otherwise changing other people's entries or other content when you have not been granted the privileges to do so.
  20. Make excessive or otherwise harmful automated use of the system, including using bots, or registering with a bot.

If Always Prepped determines, in its sole and absolute discretion, that any user is in violation of the TOS, Always Prepped retains the right to terminate such user's account at any time without prior notice.


Account Terms

  1. You must be 13 years or older to use this Service.
  2. You must be a human. Accounts registered by bots or other automated methods are not permitted.
  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  4. Your account may only be used by one person, a single login shared by multiple people is not permitted.
  5. You are responsible for maintaining the security of your account and password. Always Prepped cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  6. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who are sharing your pages).
  7. Pages being "Public" shared may be promoted and linked by Always Prepped as example uses of the Service.
  8. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Violation of any of these agreements will result in the termination of your Account. While Always Prepped prohibits such conduct and Content on the Service, you understand and agree that Always Prepped cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.


Payment, Refunds, Upgrading and Downgrading Terms

  1. A valid credit card is required for paying accounts.
  2. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
  4. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
  5. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Always Prepped does not accept any liability for such loss.



Cancellation and Termination

  1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the Parent Dashboard (you must be logged in as the parent who signed up for the account). The Account screen provides a simple, no questions asked two-click instant cancellation process.
  2. All of your Content will be immediately deleted from the Service upon cancellation.
  3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately but you will not be charged again.
  4. Always Prepped, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Always Prepped service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Always Prepped reserves the right to refuse service to anyone for any reason at any time.



Modifications to the Service and Prices

  1. Always Prepped reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Site (alwaysprepped.com) or the Service itself.
  3. Always Prepped shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.


Copyright and Content Ownership

  1. All content posted on the Service is must comply with U.S. copyright law.
  2. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow anyone to view and share your Content.
  3. Always Prepped does not pre-screen all Content, but Always Prepped and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
  4. The look and feel of the Service is copyright©2010 Always Prepped, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, educational content, or visual design elements without express written permission from Always Prepped.

Always Prepped respects the intellectual property of others, and we ask our users to do the same. Always Prepped may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Always Prepped Copyright Agent the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the site;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Always Prepped Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: copyright@alwaysprepped.com


General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  2. Technical support is only provided to paying account holders and is only available via email.
  3. You understand that Always Prepped uses third party vendors and hosting partners to provide the necessary hardware, software, networking, and related technology required to run the Service.
  4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Always Prepped, or any other Always Prepped service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Always Prepped.
  6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Always Prepped customer, employee, member, or officer will result in immediate account termination.
  8. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  9. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
  10. You must not transmit any worms or viruses or any code of a destructive nature.
  11. If your bandwidth usage exceeds 250 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Always Prepped) of other Always Prepped customers, we reserve the right to immediately disable your account or throttle your file or image hosting until you can reduce your bandwidth consumption.
  12. Always Prepped does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  13. You expressly understand and agree that Always Prepped shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Always Prepped has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) termination of your account; or (vi) any other matter relating to the service.
  14. The failure of Always Prepped to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Always Prepped and govern your use of the Service, superseding any prior agreements between you and Always Prepped (including, but not limited to, any prior versions of the Terms of Service).
  15. Questions about the Terms of Service should be sent to support at alwaysprepped dot com.



DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALWAYS PREPPED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) ALWAYS PREPPED MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALWAYSPREPPED.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.


LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALWAYS PREPPED SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ALWAYS PREPPED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.


Revisions
Always Prepped may at any time revise these Terms of Service by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms of Service to which you are bound.


Indemnity
You agree to indemnify and hold Always Prepped, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access or text messages sent to your phone for alerts.


General
Always Prepped failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. By becoming a registered user of the Service, you consent to receiving electronic communications from Always Prepped including text messages. These communications will include notices about your account and information concerning or related to the Services. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. Always Prepped is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. These Terms of Service compose the entire agreement between you and Always Prepped and supersede all prior agreements between the parties regarding the subject matter contained herein.


Release
In the event that you have a dispute with one or more users of the Service, you release Always Prepped (and our officers, directors, agents, subsidiaries, parent corporation, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: 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.


Governing Law and Arbitration
These Terms of Service are governed in all respects by the laws of the State of Maryland. Any controversy or claim arising out of or relating to these Terms of Service will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Montgomery County, Maryland, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Maryland law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration. By using the AlwaysPrepped.com web site or the Service you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Montgomery County, Maryland and covenant not to sue in any other forum.



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