Terms and Conditions
Introduction
This agreement ("Agreement") between You and PreparednessChallenge.com ("Preparedness Challenge ") consists of these Standard Terms and Conditions ("Terms and Conditions"). This Agreement contains the complete terms and conditions that apply to you in buying and all other activities you will make in our website. Your use of the Preparedness Challenge is governed by the policies, terms, and conditions set forth below and in other policies on Preparedness Challenge . Please read the following information carefully. By using or shopping from this Web site, you agree to be bound by its terms of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and programs provided by or through the Site, and the subject matter of this Agreement. Amendments to this agreement can be made and effected by us from time to time without specific notice to your end. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site.
Site Contents & Product Representation
Occasionally there may be information on Preparedness Challenge that contains typographical errors, inaccuracies, or omissions that may relate to company information or offers. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We have made every effort to display colors as accurately as possible in regard to products and finishes that appear on the site. However, the actual colors you see will depend on your monitor and its settings as well as additional software, therefore we cannot guarantee that your monitor will display the colors on this site accurately. We reserve the right to display product photos that only represent the product, but may not actually be the product itself. (i.e., a generic photo of corn to represent our freeze-dried corn, etc.)
Purchases
If you wish to make purchases of products or services described on Preparedness Challenge, you will be asked to supply certain information, including but not limited to credit card or other payment information. You agree that all information that you provide to Preparedness Challenge will be accurate, complete and current. You agree to pay all charges incurred by authorized users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable costs, taxes, shipping, and handling charges relating to your purchases.
Pricing
Prices for all items on this site are listed in U.S. dollars. Prices in effect at the time of purchase reflect the daily market conditions and the dynamic nature of retailing on the web. The more aggressive the marketplace is, the more frequent price fluctuations and changes occur. Given the dynamic nature of the internet marketplace, we are unable to provide a price protection guarantee nor do we offer credit for price changes that have occurred after you have purchased from Preparedness Challenge .
Title Transfer
Preparedness Challenge retains title to items purchased until the said purchaser pays for items at which time the title passes to purchaser.
Payment
Due to credit cards that decline, we reserve the right to charge credit cards at time of order, rather than at the moment your order is shipped.
Copyright
The materials on this website may be used for the sole and exclusive purpose of transacting business with Preparedness Challenge and its owners. Any other use is prohibited. The distinctive appearance of Preparedness Challenge as well as the photographs and artistic elements on this website are protected by trade dress and copyright laws. Those accessing this Website are only authorized to use the information, photographs, and artistic elements it contains for the exclusive purpose of transacting business only with Preparedness Challenge , unless otherwise stated. Elements of this website and the distinctive image of the Preparedness Challenge and the Preparedness Challenge brand are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. Preparedness Challenge (logo) is a trademark of Thrivalist and Food Storage Depot, LLC.
Feedback
All comments, feedback, suggestions, email correspondence, and ideas submitted or offered to Preparedness Challenge on or by this site (including social media sites such as LinkedIn, Pinterest, Twitter, Facebook, our blogs, etc) shall be and remain the property of Preparedness Challenge . Submitting any comments shall constitute an assignment to Preparedness Challenge of all worldwide rights, titles, and interests in all copyrights and other intellectual properties.
Indemnification
You agree to defend, indemnify and Preparedness Challenge harmless from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising or related to your use of this site.
Payments & Process of Invoices
Preparedness Challenge has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment may first be received by Preparedness Challenge prior to the latter’s acceptance of an order. Unless credit term has been agreed upon, payment for the products shall be made by methods currently offered on the site. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. An order may be invoiced separately. Preparedness Challenge has all the discretion to cancel or deny orders. Preparedness Challenge is not responsible for pricing, typographical, or other errors in any offer by Preparedness Challenge and reserves the right to cancel any orders arising from such errors. Invoices must be paid within 15 days of the invoice date, or as otherwise stated on the invoice or purchase contract. For non-retail purchases, Preparedness Challenge reserves the right to charge you a late penalty adjusted monthly for inflation and interest penalties, applied against undisputed overdue amounts or the maximum rate permitted by law whichever is less. Every 30 days thereafter, you will continue to be charged an additional late penalty charge.
Refund Policy
Please refer to our separate Shipping & Returns policy or contact info@thrivalist.com.
Risk of Loss
All physical items purchased from our website are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon receipt of delivery, unless shipping is arranged and paid separately by you. If you arrange shipping on your own, title and possession of product(s) purchased from Preparedness Challenge pass to you once they leave Preparedness Challenge 's establishment(s).
Editing, Deleting and Modification
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED PARTICIPATION IN OUR PROGRAM, VISIT AND SHOPPING IN OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Acknowledgment of Rights
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that you will not acquire any right, title, or interest in Preparedness Challenge except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
Fraud & Security
FRAUDULENT ACTIVITIES are highly monitored in our site and if fraud is detected Preparedness Challenge shall resort to all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities. This Website may only be used for lawful purposes. Users of this Website are prohibited from (a) exceeding authorized access; (b) tampering with the Website; (c) misrepresenting the identity of a user; (d) attempting to probe, scan, or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (e) use or launch an automated system including, but not limited to, spiders, bots, readers, or any other automated means of accessing the site that would place a greater burden on our servers than would be possible by a human during the same period of time.
If you use this site, you are responsible for maintaining the confidentiality of your account (including login name and password) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Preparedness Challenge and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Warranty & Disclaimer of Liability
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or Preparedness Challenge in general, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed $250USD or the total price of the subject products paid or payable to you whichever is less. We make no express or implied warranties or representations with respect to Preparedness Challenge or any products sold and offered in our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You understand and agree that your use of this site is at your own risk.
Confidentiality
You agree not to disclose proprietary information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to us by an end-user customer is proprietary information of Preparedness Challenge . Such customer information is confidential and may not be disclosed without prior approval. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner without prior written permission from end-user.
Personal, Non-Commercial Use
Preparedness Challenge grants you the right to use this Website for your personal viewing only. You agree not to use this Website for commercial use without the consent of Preparedness Challenge .
Termination of Use
Preparedness Challenge may, at its sole discretion, terminate your use of this Website at any time. Preparedness Challenge reserves the right to change, suspend, or discontinue all or any aspects of Preparedness Challenge at any time.
Non-Waiver
Failure of Preparedness Challenge to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
Intended for Users Over 18
This Website is intended for use by those individuals 18 years of age or older. Users under the age of 18 should get the permission and assistance of a parent or guardian to use this site.
Links to Third-Party Sites
This Website may contain links to third-party websites. These links are provided for your convenience. Preparedness Challenge does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about the third-party website or its content. A link to a third party site on Preparedness Challenge does not constitute sponsorship, endorsement, approval or responsibility for the third-party site. The conditions of use and privacy policy of any third-party site may differ substantially from this site. Please review the terms of use on third-party sites carefully.
Notification of Copyright Infringement Under the Digital Millennium Copyright Act
If you believe that your copyrighted material may have been infringed on Preparedness Challenge's website, please contact us with the pertinent information. It is your responsibility to report such information to us, and we cannot be held liable for failure to notify us of improper publishing of copyrighted content.
Miscellaneous
This Agreement shall be governed by and construed in accordance with the substantive laws of Salt Lake City, Utah, or any other court chosen by Preparedness Challenge, without any reference to conflict-of-laws principles. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Salt Lake City, Utah, or any other court chosen by Preparedness Challenge, to the exclusion of any other courts without giving effect to its conflict-of-laws provisions or your actual state or country of residence.
The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice. In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
Modified: 5/29/2023