WEBSITE TERMS OF USE

Legal Notices Web Site Terms of Use Agreement.

Thank you for visiting www.blackoutdefense.com (the "Site"). Blackout Defense, LLC and its affiliates ("Blackout Defense™") provide the content and materials on this Site as an information service. By accessing and using the Site, you are agreeing to be legally bound by and comply with the terms contained in this Terms of Use Agreement ("Agreement"). If you do not agree to these terms, you should refrain from viewing information on or obtaining documents from this Site.

1. GENERAL.

By using the Site, you, the user of the Site ("User"), are subject to these Terms of Use. User may not use the Site for any unlawful purpose. Blackout Defense™ may change the terms in this Agreement at any time. The changes will appear in this Agreement, and User's use of the Site after the posting of any changes will constitute User's agreement to the modified terms. Therefore, User should read these Terms of Use each time before User accesses the Site. User may print a copy of the Terms of Use Agreement for reference.

2. MODIFICATIONS OF SITE.

User understands and agrees that Blackout Defense™ may discontinue or change the Site at any time, without notice. Also, User understands and agrees that Blackout Defense™ may discontinue or restrict User's use of the Site for any reason without notice.

3. COPYRIGHT PROTECTION.

The content displayed on the Site ("Content") is the property of Blackout Defense™ or its licensors, and is protected by U.S. and international copyright and other intellectual property laws.

4. CONTENT USE LIMITATIONS.

User agrees not to copy, reproduce, modify, display, perform, publish, create derivative works from, or store any Content on the Site. User also agrees not to distribute, transmit, broadcast or circulate any Content to others, without the express prior written consent of Blackout Defense™, except User may, on an occasional and irregular basis, reproduce, distribute, display or transmit an insubstantial portion of such Content, for a noncommercial purpose and without charge, to a limited number of individuals, provided User includes all copyright and other proprietary rights notices with that portion of the Content, in the same form in which the notices appear on the Site, and the phrase "Used with permission from Blackout Defense™." User may not post any Content to forums, newsgroups, mail lists, electronic bulletin boards, or other web sites, without the prior written consent of Blackout Defense™. Use of all Site Content is for non-commercial purposes only. Blackout Defense's Content includes information, tips, facts, views, and opinions Blackout Defense™ deems worthy of publication. BLACKOUT DEFENSE DOES NOT GIVE TECHNICAL, BUSINESS, OR ANY OTHER PROFESSIONAL ADVICE THROUGH OR IN CONNECTION WITH THE SITE.

5. TRADEMARKS.

The Site contains trademarks and trade names of Blackout Defense™. Third party trademarks and trade names are the property of their respective owners.

6. LINKS TO OTHER SITES.

The Site contains hyperlinks to websites operated by third parties. These hyperlinks are provided for the benefit of the users of the Site. A hyperlink to a third party website does not imply that Blackout Defense™ endorses the content on or the business of the hyperlinked website. User is solely responsible for determining the integrity and reliability of the information on the hyperlinked website.

7. DISCLAIMER OF WARRANTIES.

Although Blackout Defense™ strives to provide high quality Content, Blackout Defense™ does not guarantee or warrant the accuracy, completeness or timeliness of the Site Content. USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE INFORMATION FROM THE SITE IS AT USER'S SOLE RISK. THE CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BLACKOUT DEFENSE™ EXPRESSLY DISCLAIMS TO THE USER 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. BLACKOUT DEFENSE™ MAKES NO WARRANTY THAT THE CONTENT WILL MEET USER'S REQUIREMENTS, OR THAT ACCESS TO THE SITE AND THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES BLACKOUT DEFENSE™ MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT. USER UNDERSTANDS AND AGREES THAT ANY DOCUMENT AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS INFORMATION SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. BLACKOUT DEFENSE™ MAKES NO WARRANTY REGARDING ANY INFORMATION OBTAINED FROM ANY HYPERLINKED THIRD PARTY SITE. NO INFORMATION OBTAINED BY USER FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO USER.

8. LIMITATION OF LIABILITY.

BY USING THE SITE, USER IS AGREEING THAT UNDER NO CIRCUMSTANCE WILL BLACKOUT DEFENSE™ BE RESPONSIBLE FOR ANY INFORMATION CONTAINED IN, DISPLAYED ON OR OMITTED FROM THE SITE; ANY PERSON'S RELIANCE ON ANY SUCH INFORMATION, WHETHER OR NOT THE INFORMATION IS CORRECT, CURRENT OR COMPLETE; THE CONSEQUENCES OF ANY ACTION USER OR ANY OTHER PERSON TAKES OR FAILS TO TAKE BASED ON INFORMATION PROVIDED BY OR AS A RESULT OF THE USE OF THE SITE. USER SPECIFICALLY AGREES THAT BLACKOUT DEFENSE™ IS NOT LIABLE FOR ANY CONDUCT BY USER ASSOCIATED WITH THE SITE, INCLUDING, BUT NOT LIMITED TO, ACTIVITIES RELATING TO DATABASES, DIRECTORIES, COMMUNITIES, RESUMES, USER PROFILES, SURVEYS, CHAT ROOMS, MESSAGE BOARDS OR OTHER SERVICES CURRENTLY OFFERED OR THOSE SERVICES THAT WILL BE OFFERED IN THE FUTURE. IN NO EVENT SHALL BLACKOUT DEFENSE™ BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, OR FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF BLACKOUT DEFENSE™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT BLACKOUT DEFENSE™ IS FOUND LIABLE, ITS LIABILITY TO USER OR ANY THIRD PARTIES IS LIMITED TO $50. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY OT APPLY TO USER.

9. INDEMNITY.

User agrees to indemnify Blackout Defense™ against any and all claims and expenses, including attorneys' fees, arising from the User's use of the Site or breach of the Agreement.

10. REVOCATION OF ACCESS.

Blackout Defense™ reserves the right to revoke User's access to the Site or any use authorizations relating to the Site granted to User.

11. USER INPUT.

All electronic mail or communications provided by User to Blackout Defense™ may be used by Blackout Defense™ for any purpose without compensation to the contributor, subject to Blackout Defense's web site privacy policy.

12. APPLICABLE LAW.

User acknowledges that the Content contained in this Site is controlled in and originates from the United States. Blackout Defense™ makes no representation that any of the Content is appropriate or available for use in other locations. Blackout Defense™ has no responsibility for any access to this web site from territories where the Content may be illegal or otherwise prohibited. Users who choose to access this Site from other locations do so at their own risk and are responsible for compliance with applicable local laws. Any claim relating to the use of Site and any Content shall be governed by the internal substantive laws of the State of Arizona, without regard to its conflicts of laws rules. User expressly consents to the jurisdiction of the state and federal courts of Arizona for any such claim.

PRIVACY POLICY

The www.blackoutdefense.com website is operated by Blackout Defense, LLC and its affiliates and subsidiaries (collectively,  “our”, “us”, or “we”). This Privacy Policy applies to www.blackoutdefense.com and any other website offered by us, which references or links to this Privacy Policy (each a “Site” and together the “Sites”), and which may include our sites entered via tabs or portals accessible via Twitter®, Facebook® or other social sharing sites.

Review this Privacy Policy from time to time as we may update or change this Privacy Policy at any time for any reason without prior notice to you. By using this Site, you indicate your assent to all of the terms of this Privacy Policy and its Terms of Use.  If you do not agree with any term of this Privacy Policy or the Terms of Use, do not use this Site or submit any Personal Information to us via the Site.

1. PERSONAL INFORMATION WE COLLECT.

We do not collect Personal Information unless you voluntarily provide it to us. “Personal Information” is data that can be used to uniquely identify or contact a single person. If you wish to participate in some of the features and services the Site may offer, we may ask you to provide certain Personal Information. The Personal Information we collect may include your full name, phone number, date of birth, e-mail address, and mailing address. By initiating any activity or transaction that uses financial information on our Site, you consent to providing your financial information to our service providers processing the transaction to the extent required to provide the payment services to you.

2. COOKIES AND OTHER SOFTWARE.

When you visit or interact with the Site, we, as well as our service providers may use assorted technologies that automatically or passively collect information about how the Site is accessed and used. This usage information may include, but is not limited to, information considered non-personally identifying such as browser type, device type used to access the Site (i.e., computer or mobile device), unique number assigned to identify such device, geographic location, click path taken through the Site, your use of features or applications on the Site, and other publicly available information. This information helps us improve our Site, products and services.

We may use cookies, beacons, or other visit recognition software to improve the use and functionality of our Sites. A cookie is a small data file sent to your browser from a web server to be stored on your hard drive that may allow easier access the next time the same page is visited and to allow storage of items in your shopping cart between visits. We, or our vendors, may place cookies or similar files on your computer or other devices used to access the Site for security purposes, to facilitate Site navigation and to personalize your experience while visiting the Site. You can configure your browser to reject cookies by modifying your browser settings, but if your browser settings do not accept cookies from us, then some functions of the Sites may not operate as intended.

3. INFORMATION WE RECEIVE FROM THIRD PARTIES.

We may receive information about you, including Personal Information, from third parties, such as persons assisting us in administering or fulfilling a sweepstakes or contest. Also, if you are on another website and you opt-in to receive information from us, that website will forward to us your e-mail address and other information about you so that we may contact you as requested. We may also supplement the information we collect about you through the Site with outside records from third parties in order to enhance our ability to serve you. We may combine the information we receive from these third parties with information we collect through the Site.

4. HOW WE USE YOUR INFORMATION.

We use Personal Information you provide for various purposes, including to provide products and services that you request; to assist us in distributing e-mails and to communicate with you; to administer surveys, polls, sweepstakes, contests, and other promotional events; and to do all things necessary to administer our Sites, products and services, and manage, protect and improve them.

We use the Site usage information we collect for various purposes, including to administer our Sites, products and services, and manage, protect and improve the use and functionality of our Sites.

We also share information as indicated below.

5. WHAT WE SHARE WITH OTHERS.

We may use or disclose your Personal Information and other information we collect to affiliates and subsidiaries, to third-party partners in certain joint promotional and marketing programs, to manage databases of customer information, to assist us in distributing emails, to manage the Site, to administer and fulfill sweepstakes and contests, in connection with surveys, or to take precautions against liability.  If you request products or services via a mobile device, your request will be transmitted to your mobile carrier’s network and your carrier may have access to it. Consult your carrier’s privacy policy for additional information.

We may disclose information to outside companies that help us bring you the products and services we offer, and in connection with any services or products you purchase from us, to your credit card issuer, credit reporting and fraud checking agencies. We may employ other companies and individuals to perform functions on our behalf. Examples include providing web site services, fulfilling orders, delivering packages, sending postal mail and e-mail, processing credit card payments, and providing customer service. They have access to Personal Information needed to perform their functions.

We reserve the right to transfer any information, including Personal Information, in the event all, or a portion, of our business or assets are sold or transferred, including in connection with a sale, merger, consolidation, change in control, transfer of assets, reorganization or liquidation of our business.

We reserve the right to disclose any Personal Information requested by law enforcement  or if we are required to do so by law, regulation, subpoena, court order, or by a government entity. We reserve the right to disclose any Personal Information to enforce or apply our Terms of Use and other agreements and to protect our rights, property, or safety and those of our users, and others.

6. DO NOT TRACK REQUESTS; THIRD PARTY TRACKING.

Unless your browser settings are configured to make your online activities and publicly available information about your online activities invisible to usage analytics tools, we do not presently have the capability to omit you from Site usage information we collect to the extent your browser only sends us a “do not track” message and does not otherwise screen you from tracking without any action on our part.

Third parties, other than our vendors (such as our cookie server), do not have authorization from us to track which websites you visited prior and after visiting our website. That said, we cannot control third party tracking and there may be some third party tracking that occurs without our knowledge or consent.

7. THIRD-PARTY SITES.

This Site may link you to other sites on the Internet, which are not operated by us and not under our control, including sites operated by third parties that have merely licensed the right to use one of our brands, which sites we do not operate or control. You acknowledge that we are not responsible for the accuracy, or any other aspect of the content of sites we do not operate or control. Your accessing the links to any other sites is at your own risk and subject to the applicable privacy policies and terms and conditions of such websites.

8. UPDATING PERSONAL INFORMATION; OPT-OUT.

You can help us maintain the accuracy of your information by notifying us of any changes. If your Personal Information changes (such as physical or email address), contact us by email to privacy@blackoutdefense.com to update or correct such information.

If you no longer wish to receive our promotional communications, each message will give you the option to “unsubscribe” from receiving further email communications from us at any time.  Your option not to receive promotional and marketing material will not preclude us from corresponding with you, by email or otherwise, regarding your existing or past business relationships with us (e.g., any purchase of our products or use of our services, or responses to requests for information you pose to us either through use of a Site or by other means), and will not preclude us from accessing and viewing your personal information in the course of maintaining and improving our Sites, products and services.

If you sign up to receive mobile messaging (e.g., SMS and MMS) offers and communications but later decide you no longer wish to receive them, simply follow the opt-out instructions included in the mobile message.

9. CHILDREN’S PRIVACY.

The Sites are not intended for minors. We do not knowingly solicit or collect Personal Information from children under 13. If you are under the age of 13, please do not submit your e-mail address or any other Personal Information to us through the Sites. If we learn that we have collected Personal Information of a child under 13 we will take steps to delete the information as soon as possible.

We encourage parents to go online with their children. Parents should understand the sites their children are visiting and which sites are appropriate. There are parental control tools available such as browsers and filtering software that prevent children from accessing inappropriate sites.

10. YOUR CALIFORNIA PRIVACY RIGHTS.

Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of Personal Information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information in the immediately preceding calendar year. To access this information, write to privacy@blackoutdefense.com, with “CA Privacy Requests” in the subject line. Please note that, under the law, we are not required to respond to your request more than once in a calendar year, nor are we required to respond to any requests that are not sent to the above-designated email or mailing address.

11. CONSENT TO TRANSFER INFORMATION TO THE UNITED STATES.

The Sites are intended for users residing in the United States and are governed by and operated in accordance with the laws of the United States.  We make no representation that the Sites are operated in accordance with the laws or regulations of, or governed by, any other nation.  If you are located outside of the United States, please be advised that any information (including Personal Information) you provide to us will be transferred to the United States and that by submitting information to the Sites, you explicitly consent to its transfer to the United States.

We do not intend to conduct business via the Sites with users located in the European Economic Area and Switzerland (the “European Area”), and do not knowingly solicit or accept Personal Information transferred from the European Area for any purposes. If you are located in the European Area, do not submit any Personal Information to the Sites. We expressly disclaim any liability in connection with any such transfer of Personal Information from the European Area.

12. PUBLIC FORUMS.

If you post self-identifying information or other content on or through public areas on our Site, e.g., chats, blog comments, this information is public information and is generally accessible to, and may be collected and used by, others and may result in unsolicited messages or other contact from others.  You are encouraged to exercise caution when posting online self-identifying information.  You warrant that you have permission to upload any third-party information and you agree to indemnify, defend and hold us and our agents harmless from and against any claim, liability, cost and expense arising in connection with your provision of that information.

13. CHANGES TO PRIVACY POLICY.

We may occasionally update this policy by posting an updated version of this Privacy Policy on our Site. All revisions will become effective on the date that the modified policy is posted on our Site.