By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site.

 

 

BY USAGE OF THIS SITE, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND THE WEB SITE'S PRIVACY POLICY, HEREBY INCORPORATED BY REFERENCE, AND EXPRESSLY AGREE TO, AND CONSENT TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS CONTAINED THEREIN. THIS AGREEMENT SHALL HAVE THE SAME LEGAL EFFECT AND FORCE AS A WRITTEN AND SIGNED DOCUMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, YOU MUST CEASE USING THIS SITE.

 

1. THE SITE DOES NOT PROVIDE DISASTER PREPAREDNESS OR PLANNING ADVICE. The contents of the ReadyPrepared.com Site, such as text, graphics, images, information obtained from ReadyPrepared.com's licensors, and other material contained on the ReadyPrepared.com Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional disaster preparedness, response, recovery or planning advice. Always seek the advice of Your local Emergency Management Office with any questions You may have regarding disaster preparedness. Never disregard professional disaster preparedness advice or delay in seeking it because of something You have read on the ReadyPrepared.com Site. If You think You may have a natural disaster-related emergency, call Your Emergency Management Office or 911 immediately. ReadyPrepared.com does not recommend or endorse any specific plans, forms, checklists, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by ReadyPrepared.com, others appearing on the Site at the invitation of ReadyPrepared.com, or other visitors to the Site is solely at Your own risk.

 

2. LICENSE. Subject to the terms and conditions set forth in this Agreement, We agree to provide You with access and use of Our site. There is no fee paid by You for access. Your access to the site is provided pursuant to a free, non-exclusive, and revocable license provided by Us.

 

3. ACCESSIBILITY. You understand and agree that the site may, at times, be inaccessible or inoperable for any reason, including, but not limited to: (i) equipment or communications malfunctions; (ii) periodic maintenance, repairs, or administrative reviews which We may undertake from time-to-time; or (iii) causes beyond Our control or which are not reasonably foreseeable by Us.

 

4. EQUIPMENT. You shall be solely responsible for providing, maintaining, and ensuring compatibility with the site, all hardware, software, electrical, and other physical requirements for Your use of Our site, including, but not limited to, telecommunications and internet access connections and links, web browsers or other equipment, and programs or services required to access and use the site.

 

5. PROPRIETARY RIGHTS. All or portions of this site are proprietary to Us and are protected by intellectual property laws and/or treaties, including, but not limited to, copyright, trademark, service mark, and patent laws. You agree to use this site for your own personal use only and shall not copy, duplicate, display, transmit, distribute, modify, or prepare derivative works for any other purpose unless We give You express written permission to do so.

 

6. NO REDISTRIBUTION OR RESALE. You agree not to reproduce, duplicate, copy, sell, resell, lease, distribute, redistribute, or exploit for any commercial purposes, any portion of the site, its use, or any access to it.

 

7. NO INTERFERENCE. You agree that You shall not use, implement, or employ, or directly or indirectly aid, encourage, or solicit anyone else from using, implementing, or employing any automated or manual device, process, or program (e.g. robot, spider, spyware, etc.) designed to monitor, observe, track, gather, copy, or transmit any of the content or user information contained on Our site without Our express written permission. You further agree that You shall not use, implement, or employ, or directly or indirectly aid, encourage, or solicit anyone else from using, implementing, or employing any automated or manual device, process, or program that interferes or attempts to interfere with the operation of Our site.

 

8. LINKING AND FRAMING. You agree not to bypass the home page of Our site and "deep-link" to any other web sites or frame Our content within another web site or other medium without Our express written permission. Our site may also provide links to other web sites. These links are not intended to imply sponsorship, affiliation, or endorsement. We do not exercise any control over these other sites. We are not responsible or liable, either directly or indirectly, for the availability or accessibility of these other sites, any transmissions initiated by or between You and the other site, any of the content posted on the other site, or your reliance upon such content.

 

9. WAIVER OF CLAIMS AND REMEDIES. We expect all users of Our site to take responsibility for their own actions and cannot assume liability for any acts of third-parties which take place at this site. You waive any and all claims or remedies which You might otherwise be able to assert against Us under any theory of law (including, but not limited to, intellectual property laws) that arise out of or relate in any way to the content at this site or Our response, or failure to respond, to a complaint.

 

10. INVESTIGATION/LIABILITY LIMITATION. You agree that We have the right, but not the obligation, to investigate any complaint received. By reserving this right, We do not undertake any responsibility in fact to investigate complaints or to remove, disable or restrict access to or the availability of content.

 

11. PRIVACY. Your information is collected and utilized pursuant to Our Privacy Policy, incorporated by reference herein. We do not knowingly collect information from children. This site is intended for use by adults only.

 

12. REPRESENTATIONS AND WARRANTIES. You represent and warrant the following: (i) You are over eighteen (18) years of age; (ii) You have the right, power, and authority to enter into and perform this Agreement; (iii) You will not use Our service or web site for any unacceptable uses; (iv) You will not use Our web site or service to violate any federal, state, and/or local law.

 

13. DISCLAIMER OF WARRANTIES. THE READYPREPARED.COM SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SERVICE IS AT YOUR SOLE RISK. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) THAT THE SITE, OR THE SERVICE PROVIDED BY US, WILL MEET YOUR REQUIREMENTS; (C) THAT THE SITE WILL BE SECURE, UNINTERRUPTED, ACCESSIBLE, OR ERROR-FREE; AND/OR (D) THAT ANY INFORMATION OR MATERIAL OBTAINED FROM THE SITE WILL BE ACCURATE, RELIABLE, COMPLETE, OR FREE FROM VIRUSES OR OTHER FORMS OF MALICIOUS OR DESTRUCTIVE CODE. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US, WHETHER IN ORAL, WRITTEN, OR ELECTRONIC FORM, RELATING TO YOUR USE OF THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

 

14. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SITE OR SERVICE, OR THE INTERNET GENERALLY, INCLUDING, BUT NOT LIMITED TO: (A) YOUR USE OR INABILITY TO USE THE SITE; (B) ANY CHANGES TO OR INACCESSIBILITY OF THE SITE; (C) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY TRANSMISSION OR DATA; (D) ANY CONTENT OR DATA TRANSMITTED OR RECEIVED OR NOT TRANSMITTED OR RECEIVED; (E) ANY CONTENT OR DATA FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE; AND (F) ANY PROBLEMS OR DIFFICULTIES THAT ARISE PERTAINING TO THE CREATION OR PROCESSING OF PLANS, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO ONE DOLLAR ($1.00) AND SHALL NOT EXCEED THAT AMOUNT.

 

15. INDEMNIFICATION. You agree to indemnify, hold harmless, and defend Us and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person, arising out of or relating to: (a) this Agreement and/or any breach by You thereof; (b) Your use of the site, including any data, content, or material transmitted or received by You; (c) any unacceptable or objectionable use of the web site, as we determine in Our sole discretion; (d) any negligent or willful misconduct by You; and (e) as otherwise provided in this Agreement.

 

16. INTEGRATION AND CONFLICTING TERMS. This Agreement and the Privacy Policy constitute the complete and exclusive statement and agreement between ReadyPrepared.com and You with respect to use of this site and supersedes any and all prior or contemporaneous communications, representations, statements, agreements, and understandings, whether in oral, written, or electronic form, between You and Us concerning the use of the site and Our service.

 

17. TERMINATION. Except as provided in the Other Agreements, if applicable, We may terminate Your right to access this site at any time and without notice, in our sole discretion.

 

18. WAIVER. No waiver of any term, provision or condition of this Agreement and/or the privacy policy, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.

 

19. MODIFICATION AND AMENDMENT. We have the right, at any time and without notice, to add or modify the terms of this Agreement. Your access to or use of the site after the date such amended terms are added shall be deemed to constitute acceptance of such amended terms. No modification made by You shall be binding upon Us unless it is made in writing and signed by Us.

 

20. FORCE MAJEURE. If the performance of any part of this Agreement by either party is prevented, hindered, delayed, or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God, or any other causes beyond the control of either party, that party shall be excused to the extent that it is prevented, hindered, or delayed by such causes.

 

21. SEVERABILITY. If any one or more of the provisions contained in this Agreement shall for any reason be found to be invalid, illegal, or unenforceable in any respect, said finding shall not affect the remaining provisions of this Agreement, which shall be enforceable to the fullest extent permitted by law.

 

22. ARBITRATION. Any controversy or claim arising out of or relating to this Agreement or a breach thereof, with the exception of any injunctive or equitable relief sought by Us for any violation of this Agreement, shall be submitted to binding arbitration in New Orleans, Louisiana in accordance with the rules and procedures of the American Arbitration Association ("AAA"), with the exception of any conflicts-of-law provisions.

 

23. GOVERNING LAW AND FORUM. This Agreement is made in, and shall be governed by, the laws of Louisiana, excluding its conflicts-of-law provisions. If, for any reason, the Arbitration provision shall be found to be invalid or unenforceable in any respect, or You decide to challenge the arbitrator's decision or this Agreement, or We initiate equitable proceedings, all actions, claims, or disputes arising under or relating to this Agreement shall be brought in the federal or state courts of New Orleans, Louisiana. You irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over You by the federal and/or state courts in Louisiana. You hereby irrevocably waive any and all objections which You may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in Louisiana and to the venue of any such suit, action, or proceeding brought in any federal or state court in New Orleans, Louisiana.

 

24. REMEDIES. In order to avoid irreparable injury to Us, in the event of any breach or threatened breach by You of the provisions of this Agreement, We shall be entitled to an injunction and/or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting Us from pursuing any other remedies available to Us for such breach or threatened breach, including the recovery of monetary damages from You.

 

25. NOTICE. Except as provided herein, all notices relating to the site, Your use thereof, this Agreement, and/or the privacy policy sent by either party shall deemed to be delivered when sent via email to the other party's last known email address.

 

26. HEADINGS AND ORDER. The headings and sequential order of the sections contained in this Agreement are for convenience or reference only and shall have no substantive or procedural effects in construing the provisions of this Agreement.