Terms and Conditions
Introduction
Please review these terms and conditions, which govern your use of www.waterdamagedefense.com, including both the retail shopping website and blog, as well as any other website on which these terms and conditions appear (collectively, the “Site” or “Sites”). Your use of any of the Sites constitutes your unconditional agreement to be bound by these terms and conditions (collectively, the “Terms”). The Sites are provided by Northern Lights Partners LLC, doing business under trade name Water Damage Defense, as a service to its customers, unless specifically provided otherwise on a Site.
Your Orders
All billing and registration information provided by you must be accurate, complete and correct. Submitting inaccurate, incomplete or incorrect information constitutes a breach of the Terms. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items, products and / or services that you have requested.
Northern Lights Partners LLC and its affiliates reserve the right, at their sole discretion, to refuse service and to terminate accounts if Northern Lights Partners LLC believes in its sole discretion that customer conduct violates applicable law or the Terms, or is harmful to the interests of Northern Lights Partners LLC, its subsidiaries, or its affiliates, or for any other reason.
Northern Lights Partners LLC and its affiliates reserve the right to limit the quantity of items purchased per person, per account, per household and per order as determined in their sole discretion. These restrictions may be applied to the same account, same credit card and / or the same billing and / or shipping address.
Receiving an order acknowledgement via email does not guarantee the acceptance of an order.
All items and products purchased through the Site are made pursuant to a shipment contract. The risk of loss and title for such titles pass to you upon Northern Lights Partners LLC delivery of the items or products to the carrier.
Copyrights, Trademarks and Patents
All software and content on the Site, such as text, graphics, logos, button icons, images, audio clips, video clips and software, is owned or licensed by Northern Lights Partners LLC or its software and content suppliers and licensors. Such software and content is protected by United States and international copyright laws.
The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of Northern Lights Partners LLC and protected by applicable copyright laws.
Northern Lights Partners LLC grants you permission to view and use content and software made available to you on the Site in connection with your use of the Site only. Any other use, including, without limitation, the reproduction, modification, distribution, transmission, republication, display or performance, of the content or software on the Site is strictly prohibited. Northern Lights Partners LLC and its affiliates, subsidiaries, suppliers and licensors expressly reserve all intellectual property rights in all text, products, technology, content and all other material that appears on the Site. Accessing the Site does not confer and shall not be construed as conferring on you or anyone else any license to Northern Lights Partners LLC or any third party's intellectual property rights.
The Site may contain additional proprietary notices and copyright information, the terms of which must be observed and followed.
Disclaimer of Warranties and Limitation of Liability
You assume all responsibility and risk for the use of the site and the Internet in general. The site, the materials and all products and services offered through the site are provided “as is” and “as available” and without warranties of any kind, either express or implied. To the fullest extent permissible by applicable law, Northern Lights Partners LLC, all of Northern Lights Partners LLC’s subsidiary, parent or related companies, call centers and all of their respective officers, directors, employees, attorneys, agents and representatives disclaim all warranties, express or implied, including without limitation implied warranties of title, non-infringement, accuracy, merchantability and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade. Applicable law may not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.
Northern Lights Partners LLC, as well as its distributors, offers no warranties on the products it sells (hereafter “Product” or “Products”). Any product warranties carried by the Products are the exclusive responsibility of the manufactures that offered them, if they did offer a warranty.
Some or all of the Products are intended to be used to attempt to reduce the risk of water, chemical, or other type of property or personal damage. They do not eliminate such risk. The purchase or use of any Products, confirms the understanding that these Products do not eliminate such risks, nor do the Products constitute an insurance policy.
Northern Lights Partners LLC accepts no liability for any damage to the Products. The Company also accepts no liability for losses or property damage occurring for any reason, including, but not limited to failure, breakage, defect, or limitation of the Products. The company is also not responsible for any damages caused by abuse or mishandling of the Product(s), or for modification, alteration, repair, or service of the Product(s) by anyone, or for improper maintenance or neglect in maintenance.
Northern Lights Partners LLC and its licensors, suppliers, advertisers, sponsors, agents and representatives do not warrant that your use of the site will be uninterrupted, error-free or secure; that defects will be corrected; or that the site or the server(s) on which the site is hosted are free of viruses, bugs or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the site, and all charges related thereto. You assume all responsibility and risk for your use of the site and your reliance thereon. No opinion, advice or statement by Northern Lights Partners LLC, or Northern Lights Partners LLC’s licensors, suppliers, advertisers, sponsors, agents, members or visitors, whether made on the site or otherwise, shall create any warranty.
You expressly acknowledge and agree that Northern Lights Partners LLC shall have no liability or responsibility whatsoever for: (1) any unauthorized access to or use of servers on which the site is hosted and / or on which any of your personal information and / or financial information stored therein; (2) any interruption or cessation of transmission to or from the site; (3) any bugs, viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a harmful nature which may be transmitted to or through the site by a third party; and / or (4) any errors, mistakes, inaccuracies or omissions in any materials, or for any loss or damages of any kind incurred as a result of the use of any materials posted, emailed, transmitted or otherwise made available via the site. Northern Lights Partners LLC does not warrant, endorse, guarantee or assume responsibility for any hyperlinked site.
You agree that Northern Lights Partners LLC and its affiliates, parents and subsidiaries will not be responsible or liable for damages of any kind arising out of your use of the site, including, without limitation, direct, indirect, special, incidental, punitive and consequential damages, and damages resulting from the loss of use, data, profits or business interruption arising from or in any way connected with the use of the site. This also includes delays in being able to use the site, the inability to use the site, or any portion thereof, or any hyperlinked website, whether based on tort, negligence, strict liability or otherwise, even if Northern Lights Partners LLC and / or its subsidiaries and affiliates were aware or had been advised of the possibility of such damages. This disclaimer constitutes an essential part of these terms.
You should use your best judgment and exercise caution where appropriate, as with the purchase of any product or service through any medium or in any environment. Your use of the site and any materials provided through the site are entirely at your own risk.
Indemnification
You agree to indemnify, defend and hold harmless Northern Lights Partners LLC and its subsidiaries and affiliates and their respective employees, attorneys, assigns, successors-in-interest, contractors, vendors, suppliers, licensors, licensees and sublicensees, from and against any and all claims, damages, causes of action, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from: (1) your actual or alleged breach of these Terms, including, without limitation, the Code of Conduct; (2) any allegation that any Content or other material you have submitted or transmitted to the Site infringe, misappropriate or otherwise violate the copyright, trademark, trade secret or other intellectual property rights of any party; and / or (3) your activities or omissions in connection with the Site.
Miscellaneous
You agree that Northern Lights Partners LLC may assign all or part of this agreement without such assignment being considered a change to the agreement and without providing notice to you. You agree that Northern Lights Partners LLC will be released from all liability upon assignment. The assignee shall have the same rights and obligations as the assignor.
You agree that information related to your use of the Site may be subject to legal process. Information and data that you submit to Northern Lights Partners LLC through the Site may be subject to legal process (e.g., a subpoena) by Northern Lights Partners LLC or a third party or government entity, even if that information has been deleted and only exists in backup form. You acknowledge and understand that Northern Lights Partners LLC will comply with all applicable legal obligations in making such information available pursuant to valid legal process. You acknowledge and agree that Northern Lights Partners LLC may have no obligation to give you notice of any legal process that may result in any information related to your use of the site being produced, discovered or otherwise disclosed.
Northern Lights Partners LLC performance of these Terms and any other policy contained on the Site is subject to existing and future laws and legal process. Nothing in these Terms is in derogation of Northern Lights Partners LLC right to comply with law enforcement requests or requirements relating to your use of the Site or information given to or gathered by Northern Lights Partners LLC with respect to such use.
You agree that Northern Lights Partners LLC may change the terms and conditions (including, without limitation, the Terms) under which the Site is offered at any time and without notice to you.
You agree that no joint venture, partnership, employment or agency relationship exists between you and service providers or suppliers or you and Northern Lights Partners LLC as a result of these Terms or your use of the Site.
Any rights not expressly granted to you herein are reserved by and to Northern Lights Partners LLC, its affiliates, subsidiaries and licensors, and other third parties.
The Terms and the applicable terms of sale constitute the entire agreement between you and Northern Lights Partners LLC with respect to the subject matter thereof. This agreement supersedes all prior or contemporaneous communications and proposals, whether written, oral or electronic, between you and Northern Lights Partners LLC with respect to the Site. No modification of the Terms shall be effective unless such modification is authored by Northern Lights Partners LLC or it is physically signed in blue ink by an executive officer of Northern Lights Partners LLC.
Any actual or alleged waiver by Northern Lights Partners LLC of any actual or alleged breach of the Terms by you shall not be deemed to be a waiver of any future breach.
A printed version of this agreement and / or any notice given by Northern Lights Partners LLC in electronic form shall be admissible in judicial and administrative proceedings based upon or relating to this agreement or your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Northern Lights Partners LLC in printed form.
If any part of these Terms is found to be invalid or unenforceable under applicable law, you agree that the invalid or unenforceable provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue to govern your use of the Site.