SALE EXCLUSIONS AND LIMITATIONS
Items excluded from special sales and promotions include, but are not limited to: flight suits, ballistics, other manufacturers including WileyX, Mechanix, Gerber, Kershaw, Streamlight, and Surefire, and any items already on sale or closeout.
Only one (1) promotional code is valid per single (1) transaction per single (1) customer. Sales and promotions on propper.com do not apply to bulk orders. LImit (1) one item per single (1) SKU per sale/promotion.
Propper ECommerce does not store credit card numbers in its system. The "Save to Wallet" feature on the checkout page does not store your information on our server. Rather, it stores it on an encrypted PCI-compliant third party processor for easy retrieval on future orders. Only you have access to retrieve that information.
All transactions are done through a secured socket layer (SSL) that communicates to our payment processor. All passwords stored on this website are encrypted using individual algorithms for each user.
All transactions are individually reviewed to avoid any possible fraudulent transactions and Propper ECommerce protects user information with additional security measures installed on our servers and networks.
To ensure that fraudulent transaction are stopped before being submitted, orders will only be processed if either the zip code or address matched during AVS verification. Furthermore, gift cards and cards originating from countries with ITAR restrictions are not accepted. A listing of these countries can be seen at the U.S. State Department website.
Last Updated on December 30, 2019
If you are a California resident and would like to exercise your right to opt out of the sale of your personal information, please visit our Do Not Sell My Personal Information page.
We collect Personal Information from you. This information may include:
information about you that you provide us, for example, by ordering products on the Site;
information about you give us about other people (when you make gift purchases, for example); and
Information we collect by automated means.
Please click here for further information about what we collect.
We do not sell, lease or rent your Personal Information unless we have asked for and obtained your explicit (opt-in) consent. We may use this Personal Information for our business purposes, share this information with third parties who are working with us, use this information to communicate with you, and use this information to comply with our legal obligations, as further described here.
We are concerned with the security of your Personal Information and take care in implementing appropriate physical, technical and administrative safeguards. Unfortunately, no data transmission over the Internet, nor any data we collect or store, can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, we cannot guarantee the security of any information you transmit to us. Further information on our security procedures and your responsibility for security can be found here.
Data Access, Integrity & Choice
If you opt-out, we will continue to retain and use your personal information for limited purposes. Click here for a fuller explanation.
For more information regarding your options with respect to access, integrity and choice, please click here.
Effective Date and Updates
Propper Ecommerce, Inc.
Attn: Privacy Manager
17 Research Park Drive
St. Charles, MO 63304
You provide to us voluntarily.
We collect Personal Information from you in certain areas of the Site. The following is a description of what Personal Information we may collect:
Personal Information You Voluntarily Provide. If you voluntarily provide us with Personal Information, for example your name, email address, phone or mobile number, or payment information (such as a credit card), we collect this Personal Information. You may voluntarily provide this information to us in a variety of ways, including by filling out a registration form on the Site, providing us with Personal Information in order to initiate or complete a transaction, or by contacting us with questions about the Site or our products and services.
Your browser type and operating system.
Web pages you view.
Links you click.
Your IP address.
Sites you visited before coming to our Site.
Web Beacons. Web beacons are small bits of code that communicate with third parties and are embedded in web pages, our ads or in emails. We may use web beacons to deliver or communicate with cookies, to count users who have visited a web page, to understand usage patterns or other third party functionality. We also may include web beacons in e-mails to learn if messages have been opened, acted on, or forwarded.
You can disable the ability of Web beacons to store cookie information by declining cookies.
Do Not Track. As technologies to address Do Not Track signals are still evolving, we do not currently deploy any technology to respond to Do Not Track signals.
Other Technologies. Examples of other technologies we may use to provide better service to you include:
Web Session Variables. Information that is passed from one web URL to another as you browse.
Browser plug-ins/add-ons. Additional web components that may need to be installed to enable certain web features on our Site. You have the option not to install these components.
Please be advised that if you disclose personally identifiable information or personally sensitive information through public forums or message boards provided by Propper, this information may be collected and used by others. We do not monitor these public spaces and take no responsibility for the security or confidentiality of any information posted.
Our use of your Personal Information for business purposes. We may use your Personal Information for our business purposes. Such business purposes could include, for example, using the information to provide services to you or complete a transaction with you. We may also use this information for various other business purposes, for example:
Analyze and improve the performance of the Site.
Analyze our business, products and services.
Perform customer service.
Communicate with you regarding your account.
Market our products and services to you.
Contact you on behalf of our subsidiaries or external business partners about a particular offering that may be of interest to you.
Ask you about your experience with or opinions about our company, the Site, or our products and services.
Protect against or identify possible fraudulent transactions.
Determine the effectiveness of our advertising.
Enforce our Terms and Conditions and otherwise manage our business.
We may also provide your Personal Information to third parties who are service providers to us, for example third parties who provide computer-related, credit card processing, mapping, or debt collection services. These third parties will only use your Personal Information as directed by us for our business purposes.
Propper also works with third parties to jointly provide you with certain products or services. We may provide your Personal Information to such third parties for internal use and analysis regarding, and communication to you about, the jointly-provided products or services. Such third parties must agree with us that any such information we provide will not be used for any purpose other than internal use and analysis regarding, and communication to you about, the jointly-provided products or services.
We may also share your information if we merge with, or if we or any of our assets are sold to, another company.
We may also share anonymized data derived from your Personal Information with researchers performing studies in areas relevant to our business. When we do so, we take reasonable steps to anonymize your Personal Information such that it can no longer be used to identify you.
Our use of your Personal Information for legal purposes. Sometimes a law, court order or other judicial or administrative process requires us to provide information to a government authority or party to a private lawsuit. We will provide the information that we in good faith believe is required to comply with the law, order, or other process. We may also disclose certain information if:
we are required to bring, or defend against, litigation or any regulatory proceeding between, or relating to, you and us,
we believe in good faith that the law requires it.
Information Transfer. Your Personal Information may be transferred to, stored, and processed in a country other than the one in which it was provided. When we do so, we transfer the information in compliance with applicable data protection laws.
We take steps to protect Personal Information no matter what country it is stored in or transferred to. We have procedures and controls as appropriate to help ensure this.
We take appropriate steps that we believe are reasonable to protect the security of your Personal Information on our system, both internally and from outsiders, and to ensure the integrity of the data we collect. We use a combination of technological, physical and policy methods to protect this data such as, for example, requiring a password to access our network and employing firewall security.
You are responsible for maintaining the secrecy of your passwords and any account information. Please be aware that we will never ask you for your password in an unsolicited phone call or e-mail. We do not provide your password to third parties.
Access & Integrity. If you believe that the Personal Information you voluntarily provided us is, or has become, inaccurate, incomplete or untimely, contact us and provide additional or corrected information.
If you do not want us to use or continue using your Personal Information to communicate with you, you may request that we not do so (opt-out) by following the procedures described below.
Opting-Out at Signup: When you provide first provide us with personal information, you will be given a choice as to whether to receive promotional information from us.
Opting-Out after Signup: If you wish to discontinue any further promotional communications from us, please send your opt-out request to our Privacy Manager. Place the word “UNSUBSCRIBE” in your request to us.
We also give you additional choices about how we communicate with you.
Digital / Electronic Communications.
You can also stop receiving promotional email messages from us by following the instructions provided in any such message you receive.
Continued Use of Your Personal Information Despite Opt-Out. Because it is essential that we have and use personal information about you in order to provide you with products and services you order from us, we will continue to use personal information to facilitate a transaction that you initiate. In addition, even if you opt-out, we will retain your personal information for our internal use, such as internal business analytics, product safety and legal compliance. We will also retain your personal information in order to contact you for non-promotional purposes regarding products you have ordered from us.
Last Updated on December 30, 2019
Types of Cookies
The following types of cookies may be used when you visit the Site:
Advertising cookies are placed on your computer by advertisers and ad servers in order to display advertisements that are most likely to be of interest to you. These cookies allow advertisers and ad servers to gather information about your visits to the Site and other websites, alternate the ads sent to a specific computer, and track how often an ad has been viewed and by whom. These cookies are linked to a computer and do not gather any personal information about you.
Analytics cookies monitor how users reached the Site, and how they interact with and move around once on the Site. These cookies let us know what features on the Site are working the best and what features on the Site can be improved.
Our cookies are “first-party cookies”, and can be either permanent or temporary. These are necessary cookies, without which the Site won't work properly or be able to provide certain features and functionalities. Some of these may be manually disabled in your browser, but may affect the functionality of the Site.
Personalization cookies are used to recognize repeat visitors to the Site. We use these cookies to record your browsing history, the pages you have visited, and your settings and preferences each time you visit the Site.
Security cookies help identify and prevent security risks. We use these cookies to authenticate users and protect user data from unauthorized parties.
Site Management Cookies
Site management cookies are used to maintain your identity or session on the Site so that you are not logged off unexpectedly, and any information you enter is retained from page to page. These cookies cannot be turned off individually, but you can disable all cookies in your browser.
Third-party cookies may be place on your computer when you visit the Site by companies that run certain services we offer. These cookies allow the third parties to gather and track certain information about you. These cookies can be manually disabled in your browser.
Third parties such as Google are to be considered as independent data controllers and we recommend that you read the privacy statements of these companies. Unfortunately, we cannot guarantee that these third parties handle your personal data in a reliable or secure manner.
Control of Cookies
Most browsers are set to accept cookies by default. However, you can remove or reject cookies in your browser’s settings. Please be aware that such action could affect the availability and functionality of the Site.
For more information on how to control cookies, check your browser or device’s settings for how you can control or reject cookies, or visit the following links:
- Apple Safari
- Google Chrome
- Microsoft Edge
- Microsoft Internet Explorer
- Mozilla Firefox
- Android (Chrome)
- Iphone or Ipad (Chrome)
- Iphone or Ipad (Safari)
In addition, you may opt-out of some third-party cookies through the Network Advertising Initiative’s Opt-Out Tool.
Other Tracking Technologies
In addition to cookies, we may use web beacons, pixel tags, and other tracking technologies on the Site to help customize the Site and improve your experience. A “web beacon” or “pixel tag” is tiny object or image embedded in a web page or email. They are used to track the number of users who have visited particular pages and viewed emails, and acquire other statistical data. They collect only a limited set of data, such as a cookie number, time and date of page or email view, and a description of the page or email on which they reside. Web beacons and pixel tags cannot be declined. However, you can limit their use by controlling the cookies that interact with them.
Propper Ecommerce, Inc.
Attn: Privacy Manager
17 Research Park Drive
St. Charles, MO 63304
Last Updated on May 25, 2018
BY ACCESSING OR USING THE WEBSITE IN ANY WAY, INCLUDING, BUT NOT LIMITED TO PURCHASING PRODUCTS, CREATING OR ACCESSING AN ACCOUNT, OR ACCESSING ANY INFORMATION PROVIDED ON THE WEBSITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITE. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT AND AUTHORITY TO AGREE TO THESE TERMS.
NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS OR ON THE WEBSITE TO THE CONTRARY, THE WEBSITE IS PROVIDED WITHOUT ANY WARRANTY AND SUBJECT TO LIMITATIONS ON OUR LIABILITY. THESE TERMS ARE CONTAINED IN SECTIONS 13 AND 14 BELOW.
All inquiries may be directed to:
PROPPER INTERNATIONAL SALES, INC.
17 Research Park Dr., Suite 100
St. Charles, MO 63304
1.1 General Terms & Restrictions of Use
Use of Website. Subject to the limitations contained in these Terms, you may access and use the Website solely to view information about and to purchase the products and services of Propper for your personal, informational, and non-commercial use or as expressly authorized by these Terms or in writing by Propper. You agree not to access or use the Website for any other purpose, including without limitation, any purpose that is prohibited by these Terms or by the law of any relevant jurisdiction. You further agree to comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts, and applicable licenses regarding your use of the Website. We may, in our sole discretion, terminate or suspend your access to and/or use of the Website, or any portion thereof, at any time, with or without notice and for any reason (or no reason). You agree that (a) if your authorization to access the Website is terminated, you will not thereafter access, or attempt to access, the Website, directly or indirectly, and (b) if your authorization to access the Website is suspended, you will not thereafter access, or attempt to access, the Website directly or indirectly, until your suspension is removed and we provide you express notice thereof. You are solely responsible for all uses of the Website by you.
Limited License; Restrictions on Use of Website. Propper grants you a limited, non-exclusive, non-assignable, non-transferable license to access, use, view, store, bookmark, download, and print content within our Website and to make other use of the Website that is customary for similar Internet websites for your personal, non-commercial, and informational purposes or as expressly authorized in writing by Propper. This license shall be considered revoked if you fail to fully comply with these Terms. You are not authorized to alter, modify, or create derivative works of any such content without first receiving our express written permission. You further agree not to (a) use any of our trademarks as metatags on other websites; (b) use the Website in any manner that is illegal or impairs the operation of the Website or its availability to or use by others; (c) display any part of the Website in frames (or any content thereof via in-line links); and/or (d) use or access, or attempt to use or access, any portion of the Website for which registration is required unless you are a Registered User (as defined in Section 3 below) without first obtaining our express written permission to do so. You further agree not to decompile, reverse engineer, or disassemble any software or other products or processes accessible through or incorporated into the Website, and not to insert any code or product or manipulate the Website in any way that affects the user’s experience, including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the Website. You may not use this Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website or any of Propper’s services. You further agree not to use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any other data gathering or extraction method in connection with your use of the Website except for customary search engines used in accordance with automated instructions directed to search engines and available on the Website. You are solely responsible for providing, maintaining, and ensuring the compatibility of all hardware, software, electrical, and other physical requirements necessary for your access to and use of our Website.
Propper may discontinue or alter any aspect of our Website, remove Content from our Website, restrict the time our Website is available, or restrict the amount of use permitted at Propper’s sole discretion without prior notice or liability. You agree that Propper may, under certain circumstances, immediately suspend and/or terminate your access to our Website. You further agree that such measures shall be taken at Propper’s sole discretion without liability to you or any third party.
You acknowledge that our Website contains information, software, photographs, video, text, graphics, music, sounds, or other materials provided by Propper or third parties (defined collectively as “Content”), some of which are protected by copyrights, trademarks, trade secrets, or other proprietary rights (the “Protected Content”), and that these rights are valid and protected in all forms.
Trademarks. The PROPPER names and logos, and all related products and services, design marks, slogans, and trade dress are the trademarks, service marks, and/or registered trademarks of Propper. The PROPPER names and logos and other trademarks, trade names, and trade dress owned by Propper may not be used in any commercial manner without the prior written permission of Propper or as expressly provided in these Terms. In addition, all page headers, custom graphics, button icons, and scripts are services marks, trademarks, and/or trade dress of Propper or its licensors and may not be copied, distributed, imitated, posted, framed-in, or used, in whole or in part, without our prior written permission.
All other trademarks and service marks contained herein are the trademarks of their respective owners.
User Content. The Content posted by users on our Website (“User Content”) is the intellectual property of the specific users of our website who post such User Content and their licensors, if any. Propper does not claim any ownership rights in such User Content.
By posting User Content on our website, you hereby grant Propper a limited, transferable, non-exclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense, and create derivative works from and compilations incorporating such User Content. You also agree that Propper is free to use any ideas, concepts, know-how, or techniques that you send to Propper for any purpose.
In the event that you would like to remove your User Content from our Website, please contact Propper. Please note that it may not be possible to completely remove your User Content and that your User Content may still be available to others under certain circumstances. Moreover, Propper may continue to use the User Content pursuant to the license granted by its posting even after the User Content has been removed from the Website.
1.3 User Accounts
Certain portions and features of our Website may be protected by passwords or require you to register an account. In the event that you choose to register an account, you agree to provide Propper with current, complete, and accurate information as prompted during the registration process and you agree to regularly update this information to maintain its accuracy and completeness. You further agree to use the Website only for legitimate and legal purposes. Upon successful completion of the registration process and selection of a unique username and password, you are deemed a “Registered User”. You agree not to obtain or attempt to obtain unauthorized access to such parts of or features on our Website, or to any other protected materials or information, through any means not intentionally made available to you by Propper
You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify Propper in the event your registration information changes, you learn of or have reason to suspect any unauthorized use of your account or any other breach of security, or you believe that your username and password may have been compromised. Propper will not be liable for any loss or damage arising from your failure to comply with this paragraph.
Products and services provided to you through our Website may involve the electronic transmission, including via any email address that you provide to us, of information that you deem to be personal financial information or promotional or marketing materials. You consent to the electronic transmission of such information.
Propper may refuse to approve a particular username selected by you for any reason, including without limitation, in the event Propper determines such username impersonates someone else, is protected by trademark or other proprietary law, or is vulgar or otherwise offensive.
Propper may allow users to place orders for products and/or services via our Website. “Order” shall mean any order placed by a user for products and/or services via our Website that is confirmed by Propper. In the event that you are placing an Order to purchase products and/or services, you are subject to the additional terms of this section and any other terms and conditions posted on the Website that enable you to place an Order. In some cases, you may be directed to a third-party website to make purchases. In such an event, the purchase terms in this section do not apply, and your purchase will be governed by the terms of such third-party website. By making such purchases, you hereby agree that Propper has no responsibility, and shall have no liability, for any claim related to your purchases on such third-party websites. Notwithstanding anything herein to the contrary, for Propper products, the warranty terms, if any, as well as any warranty disclaimers and any exclusions or limitations of warranty or remedy, set forth on the label and/or instructions for a product control Propper’s liability (if any) and your remedies (if any) for such a product. Please consult our “Exchanges/Returns” link for Propper’s Return/Exchange Policy.
Prices and availability of products are subject to change without notice. Errors will be corrected where discovered, and Propper reserves the right to revoke any stated offer and to correct any error, inaccuracies, or omissions including after an order has been submitted and whether or not the order has been confirmed and your payment method accepted and charged. In the event your payment method has been accepted and charged, Propper will issue you the appropriate credit within a reasonable time after your order has been revoked.
In the event you purchase product that must be shipped to you, such products will be shipped by Propper and/or its third-party contractors within a reasonable time after processing of your Order. Shipment time will vary depending on the delivery method and service you select. Propper does not guarantee delivery at any certain time and is not responsible for delivery delays.
In the event a product ordered by you is damaged upon receipt, Propper, at its sole discretion, may provide a replacement product or refund the purchase price.
1.5 Market Price
Percent savings are calculated from predetermined Market Prices. Propper provides these prices in a reasonable effort to demonstrate the relative value of products offered. However, Propper makes no claims to having sold products at the Market Price, or that any party has sold products at that price. Due to manufacturer’s restrictions, certain items may be excluded from sale.
1.6 Links to Third-Parties
Our website may provide, or third-parties may provide, links to other websites or resources on the Internet. Propper has no control over such websites or resources, and you acknowledge and agree that Propper is not responsible for the availability, accessibility, or accuracy of such external websites or resources, and that Propper does not endorse and is not responsible or liable for any content from such websites or resources. You further acknowledge and agree that Propper 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 your use of or reliance on any such content, goods, or services available on or through any such website or resource. The provision of such links does not imply any sponsorship, affiliation, relation or endorsement of the websites, the content thereof, and/or their respective owners or operators.
1.7 Linking to the Website
Propper grants you a limited, non-exclusive, revocable license to create a hyperlink to the Website (“Link”). The content surrounding any Link to the Website must not be false or misleading as to the relationship between Propper and any third party or as to the nature of the products and services provided by Propper. We reserve the right to revoke this license to link to the Website at any time. If we do, you agree that you will immediately remove any Link to the Website, or any portion thereof, and will not, directly or indirectly, link to the Website or any portion thereof after such revocation.
1.8 User Representations
You hereby represent and warrant that:
- you are over the age of 18, are an emancipated minor under the laws of your state of domicile and/or residence, or otherwise have the power and authority to enter into and perform your obligations under these Terms;
- all information provided by you to Propper is truthful, accurate, and complete and that you will maintain the accuracy and completeness of that information by regularly updating Propper as to any changes, including, without limitation, to your legal name, address, email address and any other information that Propper may reasonably require;
- you are an authorized signatory of the credit or debit card, or other method of payment, that you provide to Propper or its third-party payment processor to pay the purchase price and any applicable fees or taxes related to your purchases of products and/or services via our Website;
- you will comply with these Terms and all other agreements and terms related to your use of our Website;
- you will immediately notify Propper should you learn or suspect that your registration information, username, or password has been disclosed or otherwise made known to any other person.
In the event that you post any User Content via our Website, you hereby make the following additional representations and warranties to Propper:
- you are the owner of such User Content or otherwise have the right to grant Propper the licenses granted pursuant to these Terms;
- you have secured any and all consents necessary to post the User Content and to grant the forgoing licenses;
- the User Content does not violate the rights of any third-party;
- the use of any User Content will not result in harm or personal injury to any third-party;
- the use of any User Content by Propper pursuant to these Terms will not violate the intellectual property rights of any third party; and
- all factual information contained in the User Content is true and accurate.
1.10 Propper Intellectual Property
All trademarks, service marks, and logos appearing on this Website are the exclusive property of their respective owners.
The trademarks, service marks, logos, trade dress, and other graphics that are owned by Propper may not be used without the prior express written permission of Propper.
All Content on the Website, whether separate or compiled, including, but not limited to, text, graphics, audio clips, logos, buttons, images, software, html code, xml code, and any other protectable works of authorship, is protected by copyright. The materials and Content on the Website may not be reproduced, recreated, modified, accessed, or used in any manner in violation of these Terms. Any unauthorized use of any Content, whether owned by Propper or any third party, may violate copyright laws, trademark laws, privacy and publicity laws, and communications regulations and statutes. You will not copy, reverse engineer, disassemble, decompile, translate, or modify the intellectual property found in the Website or grant any other person or entity the right or access to do so.
No right, title, or interest in the Content, in any downloaded materials, or in the copyrights, trademark, patent, or other intellectual property rights associated therewith is transferred to you as a result of your use of the Website. Such right, title, and interest remain the property of their respective owners.
1.11 Copyright Information
If you believe that your copyrighted work is being infringed, please alert Propper by providing the following information:
- an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that has been infringed;
- a description of the content on the Website that you claim infringes your copyright;
- a description of where the infringing content is located on the Website sufficient to allow us to locate the allegedly infringing material;
- your complete contact information, including address, telephone number, and e-mail address;
- a declaration, made under penalty of perjury, by you that (1) you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (2) the information in your notice is accurate; and (3) you are the copyright owner or authorized to act on the copyright owner’s behalf.
This information can be provided via email or postal mail to:
PROPPER INTERNATIONAL SALES, INC.
17 Research Park Dr., Suite 100
St. Charles, MO 63304
1.12 No Warranties; Disclaimer
Propper makes reasonable efforts to maintain the Website and provide accurate, up-to-date information on the Website. HOWEVER, WE AND OUR PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS, EMPLOYEES, AGENTS, OR THE LIKE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES AS TO THE USABILITY, AVAILABILITY, ACCURACY, QUALITY, RELIABILITY, SECURITY, CONDITION, OPERATION, SUITABILITY, REASONABLE CARE, TIMELINESS, TRUTHFULNESS, OR COMPLETENESS OF THE INFORMATION, PRODUCTS OR OTHER CONTENT OR MATERIALS PROVIDED THROUGH THE WEBSITE, AND YOU SHOULD NOT RELY UPON THEM. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE OF THE WEBSITE.
THE WEBSITE IS PROVIDED “AS IS” AND NEITHER PROPPER NOR ANY OF ITS PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS, EMPLOYEES, AGENTS, OR THE LIKE (A) MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE USABILITY, CONDITION, OR OPERATION OF THE WEBSITE; (B) REPRESENT OR WARRANT THE USABILITY, AVAILABILITY, ACCURACY, QUALITY, RELIABILITY, SECURITY, CONDITION, OPERATION, SUITABILITY, REASONABLE CARE, TIMELINESS, TRUTHFULNESS, OR COMPLETENESS OF THE INFORMATION, PRODUCTS OR OTHER CONTENT OR OTHER MATERIALS MADE AVAILABLE THROUGH OR DISPLAYED IN ANY MANNER ON THE WEBSITE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN TO YOU BY PROPPER OR ANY OF ITS PARTNERS, CONTENT PROVIDERS, AGENTS, OR THE LIKE SHALL CREATE ANY WARRANTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER PROPPER NOR ANY OF ITS PARTNERS, CONTENT PROVIDERS, AGENTS, OR THE LIKE WARRANTS THAT ACCESS TO, OR USE OF, THE WEBSITE WILL BE UNINTERRUPTED, VIRUS FREE, OR ERROR FREE, OR THAT THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT ON THE WEBSITE) WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, AND ANY SUCH WARRANTIES ARE HEREBY DISCLAIMED. PROPPER, ON BEHALF OF ITSELF AND ALL OF ITS PARTNERS, AGENTS, AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE.
PROPPER, ON BEHALF OF ITSELF AND ALL OF ITS PARTNERS, AGENTS, AND THE LIKE, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Propper does not control User Content posted by its users, nor does it have any obligation to monitor such User Content for any purpose. Despite the fact that we have no monitoring obligations, Propper reserves the right to remove any and all Content, materials, and/or User Content that it feels is actually or potentially inappropriate, offensive, illegal, harmful in any way, or which may violate these Terms. Furthermore, Propper does not make any warranties or representations regarding any of the User Content offered on the Website, or the quality thereof. Propper does not necessarily approve, endorse, sanction, encourage, verify, or agree with any message posted by its users or otherwise embodied in the User Content. You understand that by using the Website, you may be exposed to User Content that may be offensive, indecent, vulgar, defamatory, or otherwise objectionable, and that in no way shall Propper be liable under any theory for such exposure.
Propper is not a backup service for storing User Content, and shall have no liability regarding any loss thereof. You are solely responsible for creating backups of any User Content you posted on our website.
1.13 Limitations of Liability
Under no circumstances shall Propper or any of its employees, directors, officers, agents, vendors, or suppliers be liable TO YOU for (A) any DAMAGES OF ANY NATURE WHATSOEVER RESULTING FROM, OR RELATED TO, THE LOSS, DELAY, OMISSION, ERROR, OR INABILITY TO USE THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, PRODUCTS, SERVICES, AND/OR OTHER MATERIALS OFFERED OR OBTAINED THROUGH THE WEBSITE) or (B) ANY direct, indirect, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR THE LOSS OF PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS, THE USE OR PERFORMANCE OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, PRODUCTS, SERVICES, AND/OR OTHER MATERIALS), WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE AND EVEN IF PROPPER, ITS PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS, EMPLOYEES, AGENTS, OR THE LIKE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You hereby waive any claims with respect to such damages.
IN ALL EVENTS, PROPPER’S MAXIMUM LIABILITY TO YOU FOR ANY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS, THE USE OR PERFORMANCE OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, PRODUCTS, SERVICES, AND/OR OTHER MATERIALS) HEREUNDER SHALL NOT EXCEED TWENTY-FIVE U.S. DOLLARS ($25.00) IN THE AGGREGATE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, PRODUCTS, SERVICES, content, AND/OR OTHER MATERIALS), OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.
These provisions represent a reasonable allocation of the risks under these Terms. Propper’s willingness to allow you to use the Website reflects this allocation of risk and the limitations of liability specified herein.
You agree to defend, indemnify, and hold harmless Propper, its officers, members, directors, employees, content providers, and agents from and against any and all claims, liabilities, suits, damages, losses or expenses, including attorneys' fees and costs and expenses, arising out of (a) a breach or alleged breach by you of any of your representations, warranties, covenants, or obligations under these Terms; (b) any claims based upon your access to, use of, or posting of User Content to the Website or information on the Website, including, without limitation, any claim of libel, defamation, violation of legal rights of others (including rights of privacy or publicity), loss of service by other subscribers, and/or infringement of intellectual property rights; and/or (c) any negligence or willful misconduct by you.
1.15 Miscellaneous Terms
No Waiver. The failure of either party to insist upon or enforce strict performance by the other party of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and Propper nor the trade practice shall modify any provision of these Terms.
Injunction, Equitable Relief, and Specific Performance Available. The parties agree that breach of the provisions of these Terms would cause irreparable harm and significant injury to Propper which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that Propper has the right to enforce the provisions of these Terms by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies Propper may have for your breach of these Terms.
Governing Law. The validity and effect of these Terms shall be governed by and construed and enforced in accordance with the laws of the State of Missouri, USA, without regard to its conflicts or choice of laws principles. Any suit, action, or proceeding concerning the Website, its use, these Terms, any sale, or any other product, service, policy, or procedure of Propper must be brought in a court of competent jurisdiction in Saint Charles County, Missouri. By accessing and using the Website, you consent and submit to the exclusive jurisdiction of the state courts located in Saint Charles County, Missouri or in the U.S. District Court for the Eastern District of Missouri. In any such suit, action, or proceeding, you irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of venue of any such suit, action, or proceeding in any such court or that any such suit, action, or proceeding which is brought in any such court has been brought in an inconvenient or improper forum.
Attorneys’ Fees, Costs, and Expenses. If any action at law or in equity is necessary to enforce the terms of these Terms, the prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
Entire Agreement. These Terms, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Website.
Severability. These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any of the other remaining provisions.
Additional Terms. Additional terms and conditions may apply to purchases of goods and services through the Website, and you agree to abide by such other terms and conditions.
Headings. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these terms.
Use of Website Outside the United States. Propper makes no representation that Content or other material or information on the Website is appropriate to or available in locations outside of the United States. You may not use the Website or export Content in violation of United States export laws, regulations or restrictions. If you access the Website from outside of the United States, you are responsible for compliance with all applicable laws.