TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT USE THIS WEBSITE.

These terms and conditions of use (“Site Terms”) apply exclusively to your access to, and use of, PLATFORM 1440, LLC’s ("p1440”) website at www.p1440.com (the "Site"). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with p1440, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify p1440 for violations of these Site Terms.

p1440 reserves the right to change or modify these Site Terms and/or any policy or guideline of the Site at any time in its sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies on the Site to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, please do not use the Site.

If you have any questions about the use of the Site, please send them to info@p1440.com.

1. Privacy Policy

Please refer to our Privacy Policy for information on how p1440.com collects, uses and discloses personally identifiable information from its users.

2. Site Contents

Unless otherwise noted, the design of the Site, the Site as a whole, and all materials that are part of the Site (collectively, 'Contents') are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by p1440 or its subsidiaries and affiliates.

3. Trademarks

p1440, the p1440 logo, PLATFORM 1440, PLATFORM 1440 logo, and any other product or service name or slogan contained in the Site are trademarks of p1440 and may not be copied, imitated or used, in whole or in part, without the prior written permission of p1440. You may not use any metatags or any other "hidden text" utilizing "p1440" or any other name, trademark or product or service name of p1440 without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of p1440 and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any third-party products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by p1440.

4. Hyperlinks to the Site

You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray p1440 or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, sexually explicit or otherwise objectionable. This limited right may be revoked at any time. You may not use an p1440 logo or other proprietary graphic of p1440 to link to this Site without the express written permission of p1440. Further, you may not use, frame or utilize framing techniques to enclose any p1440 trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without p1440's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of p1440 or any third party.

5. Links to Other Websites and Services

p1440 makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of p1440, and p1440 is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. p1440 provides links from the Site to third-party websites only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by p1440 of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. Please review the applicable terms and policies (including, for example, the privacy policy) of any third-party website that you link to from the Site before you use such third-party site.

6. User Content and Conduct

User Content. The Site may include discussion forums, user reviews, blogs, user generated content or other interactive areas or community features (“Interactive Areas”) in which you or other users create, post or store content, comments, messages, statements, slogans, materials, data, information, text, music, sound, photographs, video, graphics, code or other items or materials on the Site ("User Content"). You are solely responsible for your use of such Interactive Areas and for the User Content you post. By using the Site, including without limitation any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

  • User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, vulgar, sexually explicit, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  • User Content that includes or incorporates any identifiable reference to any third-party person or entity (including, without limitation, names, nicknames, trade names, brands, slogans, trademarks, logos, images, drawings, photographs, videos, or likenesses (visual, aural, or otherwise)) without such third-party person or entity's written permission;
  • User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, rule or regulation;
  • User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to display, distribute and reproduce such User Content and to grant p1440 the rights granted in these Site Terms;
  • User Content that displays, describes or encourages usage of any p1440 products in a manner that could be offensive, inappropriate or harmful to p1440 or any user or consumer;
  • Unsolicited promotions, political campaigning, advertising or solicitations;
  • Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers;
  • Viruses, corrupted data or other harmful, disruptive or destructive files; and/or
  • User Content that, in the sole judgment of p1440, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose p1440 or its users to any harm or liability of any type.

p1440 takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is p1440 liable for any mistakes, defamation, slander, libel, omissions, falsehoods, deceptive practices, obscenity, pornography, sexually explicit material, profanity or other harmful material you may encounter. YOUR USE OF ANY USER CONTENT AND INTERACTIVE AREAS IS AT YOUR OWN RISK. As a provider of interactive services, p1440 is not liable for any statements, representations or User Content provided by its users. Although p1440 has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, p1440 reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.

Any use of the Interactive Areas or other portions of the Site in violation of the User Content rules set forth above violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect p1440’s systems and customers, or to ensure the integrity and operation of p1440’s business and systems, p1440 may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (e.g., name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content.

User Conduct. By using the Site, including without limitation any Interactive Areas, you agree not to:

  • Use the Site or Interactive Areas in any unlawful manner or in any manner that could damage, disable, overburden or impair the Site;
  • Harvest or collect email addresses or other contact information of other users from the Site or Interactive Areas by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site and/or Interactive Areas or to extract data;
  • Use automated scripts to collect information from or otherwise interact with the Site or Interactive Areas;
  • Register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity unless you are authorized to do so;
  • Impersonate any person or entity or otherwise misrepresent your age or your affiliation with a person or entity;
  • Violate any local, state, national or international law;
  • Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
  • Use or attempt to use another's account without authorization from p1440;
  • Attempt to circumvent any content filtering techniques we may employ;
  • Attempt to access any service or area of the Site (including, without limitation, any Interactive Areas) that you are not authorized to access;
  • Engage in any harassing, intimidating, predatory or stalking conduct.

p1440 is not responsible or liable for the conduct of, or your interactions with, other users of the Site (whether online or offline), nor is p1440 responsible or liable for any loss, damage, injury, or harm associated therewith. Although p1440 has no obligation to monitor any user conduct on the Site or in any Interactive Area, p1440 reserves the right, and has absolute discretion, to monitor any user conduct on the Site at any time and for any reason without notice. p1440 does not approve or endorse any user-posted meetings or events referenced on the Site, and p1440 recommends exercising caution before contacting or meeting anyone (online or offline) that is unfamiliar or that you come into contact with through the Site. Your use of the Site is at your own risk. Any use of the Site in violation of the user conduct rules set forth above violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.

7. Rights in User Content and Submissions

Except as otherwise provided herein, on the Site or in a separate agreement p1440 claims no ownership or control over any User Content. However, by submitting or posting User Content on the Site, you grant p1440 and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Site and on third-party sites. We will contact you directly to obtain permission before we use your User Content for our own commercial purposes, unless you expressly grant these rights to p1440 at the time you upload your content. If you choose to remove your User Content, the license granted above will automatically expire; however, you acknowledge that there may be exceptions (for example, you cannot delete a vote you submitted that has already been counted or your purchase history). In addition, we may retain archived copies of your User Content and cached copies of your User Content may still be available for some period of time.

By posting User Content to the Site, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post and use such User Content to the Site and to grant the rights to p1440 that you grant in these Site Terms; (c) the User Content is accurate and not misleading or harmful in any manner; (d) the User Content, and your use and posting thereof in connection with this Site, do not and will not violate these Site Terms, or any applicable law, rule or regulation.

8. Merchandise Availability

Merchandise availability on our website is not guaranteed due to fluctuations of inventory stock. If merchandise is not available by the time your order processes, we will notify you of this via e-mail. You can always verify availability by contacting p1440 Customer Service at info@p1440.com. You will receive a shipping confirmation e-mail once your items have shipped.

9. Payment; Credit for Refunds

Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Site) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. Regarding "Your Account," you agree to keep all payment cards or other payment method information current and that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.

10. Shipping & Handling; No Export by You

When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the Site when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order.  Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on the Site are estimates only - actual delivery dates may vary. You agree that you will not obtain or direct shipment of product for export.

11. Disclaimer

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN 'AS IS' BASIS. p1440 DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. p1440 DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH p1440 ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK.

12. Limitation of Liability

NEITHER p1440 NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. p1440 IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF p1440’s TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

13. Indemnity

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS p1440, ITS SHAREHOLDERS, MEMBERS, OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE.

14. Applicable Law

The law applicable to the interpretation and construction of these Site Terms and any transaction (including purchases made on this Site) using or related to the Site, shall be the laws of the State of California, USA without regard to principles of conflict of laws. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California. All proceedings relating to the Site, these Site Terms, or any transaction, including the sale of any products, using this Site, shall be brought only in the state or federal courts located in Orange County or Santa Barbara County, California, USA, and you and p1440 do hereby consent to the jurisdiction and venue of such courts.

Date of Last Revision: FEBRUARY 20, 2018.