Last Updated: January 7, 2019

TekPrepper Solutions, LLC, a Florida limited liability company (the “Company”), welcomes you to www.stroken.com (the “Website”), an adult community-based crowdfunding platform (the “Platform”). It is important to the Company that you and other visitors have the best possible experience while using the Website, and that, when you use the Website, you understand your legal rights and obligations. Please read this terms-of-use agreement, which is a legal agreement between you and the Company that governs your access to and use of the Website, including any content, functionality, and services offered on or through the Website. You may access the Website only if you agree to this agreement. Please pay special attention to the following sections of this agreement: (1) disclaimer of warranties (section 20); (2) limit on liability and exclusion of damages (sections 21 and 22); (3) place for resolving disputes (section 25.2); (4) arbitration (section 26.1); (5) class action waiver (section 26.5); and (6) limitation on time to file disputes (section 26.6).

Minors Prohibited: The Website may contain, or direct you to websites containing, adult oriented content and is not intended for minors. Only adults (1) who are at least 18-years old and (2) who have reached the age of majority where they live may access the Website. The Company forbids all persons who do not meet these age requirements from accessing the Website.

Child Pornography Prohibited: The Company prohibits pornographic content involving minors. The Company only allows visual media of consenting adults for consenting adults on the Website. If you see any visual media, real or simulated, depicting minors engaged in sexual activity within the Website, please promptly report this to the Company at [email protected]. Please include with your report all appropriate evidence, including the date and time of identification. The Company will promptly investigate all reports and take appropriate action. The Company fully cooperates with any law-enforcement agency investigating child pornography.

Prostitution and Sex Trafficking Prohibited: The Company prohibits the Platform from being used in any way to engage in, participate in assist, support, promote, solicit, or facilitate any act of prostitution of another person or sex trafficking of another person. This includes using the Platform to share personal contact details or arrange face-to-face meetings. If you see any evidence of the foregoing on the Website, please promptly report this to the Company at [email protected]. Please include with your report all appropriate evidence, including the date and time of identification. The Company will promptly investigate all reports and take appropriate action. The Company will terminate the account of any person engaging in any of the foregoing and will report all individuals suspected of promoting or facilitating prostitution of another person or sex trafficking to the appropriate law enforcement agency. The Company fully cooperates with any law-enforcement agency investigating prostitution or sex trafficking.

  1. Introduction
    1. The Website is an adult-oriented community-based crowdfunding platform that allows users to create a campaign for an idea and professional and amateur performers submit their interpretations and then the community votes on the best submissions. By accessing the Website, you may see graphic depictions of nudity and descriptions of explicit sexual activity, including heterosexual, bisexual, homosexual, and transsexual situations of a sexual nature. Access and registration to the Website is free.
    2. This agreement applies to all users of the Website, whether you are a “visitor” or a “registered user.” By checking the appropriate box during registration, submitting content, or accessing any part of the Website, you agree to this agreement. If you do not want to agree to this agreement, you cannot use the Website and must leave the Website. If you breach any part of this agreement, the Company may revoke your license to access the Website, block your access, and cancel your account (if you have one).
    3. The Company is not liable for anything that you post or say while you are on the Website. The Company does not monitor the content of the Website, but if the Company does see, or someone tells the Company that you have posted, something that the Company finds inappropriate, the Company will remove it and may take appropriate action against you. If you post content that belongs to someone else and they get annoyed (or even call in their lawyers), the Company is not in the firing line. You have to take responsibility for what you post.
    4. The Company may change this agreement on one or more occasions by updating this page. The top of this page will tell you when the Company last updated this agreement. Changes take effect on the “last updated” date stated on the top of this page. Changes will not operate retroactively. The Company will try to let you know when it changes this agreement if it can do so in a reasonable way. But you should frequently check this page to make sure that you are operating under the most current version of this agreement. The Company will consider your continued use of the Website after it posts the changes as your acceptance of the changes even if you do not read them. If you do not agree to the changes, your sole remedy is to stop accessing the Website.
    5. If you have any questions about this agreement or any questions or comments about the Website, please email the Company at [email protected].
  2. Adult-Oriented Content. The Website contains uncensored, sexually-explicit material unsuitable for minors. Only adults (1) who are at least 18-years old and (2) who have reached the age of majority where they reside may access the Website. If you do not meet these age requirements, you must not access the Website and must leave now. By accessing the Website, you state that the following facts are accurate:
    1. You are at least 18-years old, have reached the age of majority where you live, and you have the legal capacity to enter this agreement;
    2. You are aware of the adult nature of the content available on the Website, and you are not offended by visual images, verbal descriptions, and audio sounds of a sexual nature, which may include graphic visual depictions and descriptions of nudity and sexual activity;
    3. You are familiar with your community’s laws affecting your right to access adult-oriented materials, including sexually explicit material depicting bondage, S/M, and other fetish activities;
    4. You have the legal right to access adult-oriented materials and the Company has the legal right to transmit them to you;
    5. You are not accessing the Website from a place, country, or location in which doing so would, or could be considered a violation of applicable law; and
    6. You will not share the materials on this Website with a minor or otherwise make them available to a minor.
  3. Accessing the Website. The Company may withdraw or amend this Website, and any service or material it provides on the Website, in its sole discretion without notice. The Company will not be liable if for any reason any part of the Website is unavailable at any time or for any period. From time to time, the Company may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Website.
  4. Your Account
    1. Account Creation. You may create a free account by providing the Company with accurate information as prompted by the registration form and choose a password and a username. The username must not be offensive and must not infringe another person’s service mark, trademark, or trade name.
    2. Responsibility for Account. You are responsible for keeping your password and account confidential. Further, you are responsible for all activities that occur under your account. You must notify the Company promptly of any unauthorized use of your account or any other security breach. The Company may disable any username, password, or other identifier, whether chosen by you or provided by the Company, at any time in its sole discretion for any reason or no reason, including if, in the Company’s opinion, you have violated any part of this agreement.
    3. Liability for Account Misuse. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by the Company or another party due to someone else using your account or password.
    4. Use of Other Accounts. You must not use anyone else’s account at any time.
    5. Account Security. The Company cares about the integrity and security of your personal information. But the Company cannot guarantee that unauthorized third parties will never be able to defeat the Website’s security measures or use any personal information you provide to the Company for improper purposes. You acknowledge that you provide your personal information at your own risk.
    6. Communication Preferences. By registering for an account, you consent to receiving electronic communications from the Company relating to your account. These communications may involve sending emails to your email address provided during registration or posting communications on the Website and will include notices about your account (e.g., change in password, confirmation emails, and other transactional information) and are part of your relationship with the Company. You acknowledge that any notices, agreements, disclosures, or other communications that the Company sends to you electronically will satisfy any legal communication requirements, including that these communications be in writing. The Company recommends that you keep copies of electronic communications by printing a paper copy or saving an electronic copy.
  5. Intellectual-Property Rights
    1. Ownership. The Website and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of it) are owned by the Company, the Company’s licensors, or other providers of that material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
    2. License Grant. This agreement permits you to use the Website for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:
      1. Your computer may temporarily store copies of those materials in RAM incidental to your accessing and viewing those materials.
      2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
      3. You may print or download one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
      4. You may stream any audiovisual content to which you have properly gained access solely for your personal, noncommercial use and not for further reproduction, publication, or distribution.
      5. If the Company provides desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, on condition that you agree to be bound by the Company’s end user license agreement for those applications.
      6. If the Company provides social media features with certain content, you may take those actions as are enabled by those features.
    3. License Restrictions
      1. You must not:
        1. Modify copies of any materials from this Website.
        2. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
        3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
      2. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website unless the Company authorizes you to do so in writing.
      3. If you print, copy, modify, download, stream, or otherwise use or provide any other person with access to any part of the Website in breach of this agreement, your right to use the Website will stop immediately and you must, at the Company’s option, return or destroy any copies of the materials you have made. No interest in or to the Website or any content on the Website is transferred to you, and the Company reserves all rights not expressly granted. Any use of the Website not expressly permitted by this agreement is a breach of this agreement and may violate copyright, trademark, and other laws.
    4. Trademarks. The Company’s name; the term STROKEN; the Company logo; the Website logo; and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use those marks without the Company’s prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
  6. Prohibited Uses
    1. You must use the Website only for lawful purposes and in accordance with this agreement. You must use the Website:
      1. In any way that violates any applicable federal, state, local, or international law or regulation (including any laws regarding the export of data or software to and from the US or other countries).
      2. For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
      3. To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards stated in this agreement.
      4. To transmit, or procure the sending of, any advertising or promotional material without the Company’s prior written consent, including any “junk mail”, “chain letter,” or “spam” or any other similar solicitation.
      5. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including by using email addresses or screen names associated with any of the foregoing).
      6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by the Company, may harm the Company or users of the Website or expose them to liability.
    2. Additionally, you must not:
      1. Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
      2. Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
      3. Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without the Company’s prior written consent.
      4. Use any device, software or routine that interferes with the proper working of the Website.
      5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
      6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
      7. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
      8. Otherwise attempt to interfere with the proper working of the Website.
  7. User Contributions
    1. The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (collectively, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
    2. All User Contributions must comply with the Content Standards stated in section 9.
    3. If you are a model, before you can upload User Contributions, you must first verify your age and identity. To verify your age and identity, you must submit the following documents (front and back) in color:
      1. A valid government-issued photo identification containing your date of birth, expiration date, your photo, and your full legal name. Acceptable government-issued photo identification includes a driver’s license, passport, citizenship card, state ID, or national ID card.
      2. A valid social security number.
      3. A legible color photo of you holding your photo ID beside your face.

The above requirements apply to every person depicted in any User Contribution you post.

  1. http://stroken.test/privacy-policy/Any User Contribution you post to the Website will be considered non confidential and nonproprietary. By posting any User Contribution on the Website, you hereby grant the Company and its affiliates and service providers, and each of their and the Company’s respective licensees, successors, and assigns a perpetual, worldwide, irrevocable, nonexclusive, sublicensable, transferable license to broadcast, stream, host, cache, route, transmit, store, copy, modify, distribute, publicly perform and display (through all media now known or later created), reformat, excerpt, analyze, create algorithms based on, prepare derivative works of, sell, exploit, and otherwise use the User Contribution solely in connection with the Website, the Platform, and the Company’s (and its successor’s) business, including for (a) displaying the User Contribution on the Website; (b) allowing other users to play or stream the User Contribution; and (c) promoting the Website and the Platform. The foregoing license includes the right to reproduce, distribute, display, perform, make derivative works from, or otherwise exploit the User Contribution in proximity with or in connection with any third-party content, including advertisements.
  2. If you are a model, you hereby grant the Company and its affiliates, and each of their respective direct and indirect successors, licensees, and assigns, the right to use your name and image, likeness, and biographical and professional information, including information you provide to the Company and any other information about you that is publicly available, in connection with the Website, the Platform, your User Contributions, and advertising and promotion of the Website, the Platform, and your User Contributions in perpetuity throughout the world and in any medium or format now existing or later developed on any platform without further consent from or any royalty, payment, or other compensation to you. You hereby waive any right to inspect or approve the Company’s use of your name and likeness. You must obtain a signed appearance release, waiver of rights, and release of claims for each identifiable person in any User Contribution to allow the use of that person’s name and likeness in the User Contribution and to allow the User Contribution to be displayed on the Website.
  3. You state that the following facts are accurate: (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to the Company and its affiliates and service providers, and each of their and the Company’s respective licensees, successors, and assigns; (b) your User Contributions do not depict any person under 18-years old; (c) you have a signed written consent or release for each identifiable person in your User Contributions to use that person’s name and likeliness to allow inclusion and use of the User Contributions in the way contemplated by this agreement; and (b) all your User Contributions do and will comply with this agreement.
  4. You acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for that content, including its legality, reliability, accuracy, and appropriateness.
  5. The Company is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user.
  6. All uploaders must comply with the federal record keeping and labeling requirements codified at 18 U.S.C. §§ 22572257A and 28 C.F.R. Part 75. The uploader must obtain and keep all records necessary to demonstrate compliance with 18 U.S.C. §§ 22572257A and 28 C.F.R. Part 75, including legible copies of picture identification cards (as defined by 28 C.F.R. 75.1) for each person appearing in any User Contribution on the date of the production of that User Contribution. The uploader must act as the “Custodian of Records” as required by 28 C.F.R. Part 75 and must keep all required records at the uploader’s primary address. The uploader will make available to the Company or any government official, and copy at the Company’s request, all records required to be kept under 18 U.S.C. §§ 22572257A and 28 C.F.R. Part 75.
  7. Monitoring and Enforcement; Termination
    1. The Company may:
      1. Remove or refuse to post any User Contributions for any or no reason in the Company’s sole discretion;
      2. Take any action with respect to any User Contribution that the Company considers necessary or appropriate in its sole discretion, including if the Company believes that that User Contribution violates this agreement, including the Content Standards stated in section 9, infringes any intellectual-property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company;
      3. Disclose your identity or other information about you to the extent required by law to any third party who claims that material posted by you violates their rights, including their intellectual-property rights or their right to privacy;
      4. Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website; or
      5. Terminate or suspend your access to all or part of the Website for any reason, including any violation of this agreement.
    2. The Company will fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or other information of anyone posting any materials on or through the Website. You waive and hold harmless the Company and the Company’s affiliates, licensees, and service providers from any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by either those parties or law enforcement authorities.
    3. The Company does not undertake to review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, the Company assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. The Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
  8. Content Standards. These Content Standards apply to all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable laws and regulations. User Contributions must not:
    1. Contain any material that is defamatory, libelous, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
    2. Promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
    3. Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
    4. Violate the legal rights (including the rights of publicity and privacy) of any person or contain any material that could give rise to any civil or criminal liability under governing laws or otherwise may be in conflict with this agreement or the Privacy Policy .
    5. Be likely to deceive any person.
    6. Promote or solicit any illegal activity, or advocate, promote, or assist any unlawful act, including promoting or facilitating prostitution of another person, sex trafficking, or human trafficking.
    7. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
    8. Impersonate any person or misrepresent your identity or affiliation with any person or organization.
    9. Involve commercial activities or sales, including non-sanctioned contests, sweepstakes, and other sales promotions, barter, or advertising.
    10. Give the impression that they emanate from or are endorsed by the Company or any other person, if this is not the case.
    11. Contain viruses, worms, or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications.
    12. Contain or depict any of the following: underage material real or simulated, horror/snuff, necrophilia, real blood, asphyxiation, animal sex forced sex/rape, non-consensual sex, hardcore bondage with sex, vomit, scat (feces), pissing/peeing (urine), violent fisting, chloroform, weapons, illegal drugs, forced intoxication, crushing, kidnapping/abduction, excessive biting (i.e., biting that breaks skin), hypnosis, or cannibalism.
  9. Copyright Infringement. If you believe that any User Contribution violates your copyright, please see the Copyright Policy for instructions on sending the Company a notice of copyright infringement. It is the Company’s policy to terminate the user accounts of repeat infringers.
  10. Third-Party Content. This Website includes content provided by third parties, including materials provided by other users, third-party licensors, syndicators, or aggregators (“third-party materials”). All statements or opinions expressed in these third-party materials are solely the opinions and the responsibility of the person providing those third-party materials. Third-party materials do not reflect the Company’s opinion. The Company will not be liable to you or any other person for the content or accuracy of any third-party materials. You acknowledge that you may be exposed to third-party materials that are inaccurate, offensive, indecent, obscene, or otherwise objectionable, and you hereby waive any legal or equitable rights or remedies you have or may have against the Company with respect to these third-party materials.
  11. Promotions. Some users may promote competitions, promotions, prize draws, and other similar opportunities on the Website (“Third-Party Competitions”). The Company is not the sponsor or promoter of these Third-Party Competitions and does not bear any responsibility or liability for the actions or in actions of any third parties who organize, administer, or are otherwise involved in any promotion of these Third-Party Competitions. If you wish to participate in any of these Third-Party Competitions, you are responsible for reading and ensuring that you understand the applicable rules and any eligibility requirements and are lawfully able to participate in those Third-Party Competitions in your country of residence. If you wish to run your own Third-Party Competition on the Platform, you are free to do so provided you comply with this agreement.
  12. Changes to the Website. The Company may update the Website’s content from time to time, but its content is not necessarily complete or up-to-date. Any of the Website’s material may be out of date at any given time, and the Company is not required to update that material.
  13. Information About You and Your Visits to the Website. For information about how the Company collects, uses, and shares your personal data, please review the Privacy Policy.
  14. Contest Terms. Users may register for free and receive a total of 20 votes each. No purchase is necessary to participate in any contest. Contests are subject to additional contest rules posted on the contest page. The contest ends exactly on the date and time indicated on the contest page. User Contributions uploaded to the contest page must be of your creation. Posting User Contributions that are not your property or belong to someone else will result in disqualification from the context and a ban from entering any future contest on the Website. Uploaders will be paid out through an algorithm based on the percentage of total votes obtained multiplied by the payout bounty. Any unused votes will be distributed evenly among uploaders. Each uploader will be paid 50% in Bitcoin and 50% Ethereum directly to the uploader’s StrokenTokens cryptocurrency wallet. The Company’s decisions regarding bounty payments are final and binding.
  15. StrokenTokens Wallet Terms. As part of the registration process, you will receive a StrokenTokens cryptocurrency wallet. All withdrawals of cryptocurrency from the StrokenTokens wallet will be subject to a 3% fee after MVP-1.
  16. Linking to the Website and Social Media Features
    1. You may link to the Website’s homepage, on condition that you do so in a way that is fair and legal and does not damage the Company’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on the Company’s part without the Company’s express written consent.
    2. The Website may provide certain social media features that enable you to:
      1. Link from your own or certain third-party websites to certain content on this Website.
      2. Send emails or other communications with certain content, or links to certain content, on this Website.
      3. Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
    3. You may use these features solely as they are provided by the Company, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms the Company provides with respect to those features. Subject to the foregoing, you must not:
      1. Establish a link from any website that is not owned by you.
      2. Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
      3. Link to any part of the Website other than the homepage.
      4. Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of this agreement.
    4. You must cooperate with the Company in causing any unauthorized framing or linking immediately to stop. The Company may withdraw linking permission without notice.
    5. The Company may disable all or any social media features and any links at any time without notice in its discretion.
  17. Links from the Website. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. The Company has no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms of use for those websites.
  18. Geographic Restrictions. The owner of the Website is based in the state of Florida in the United States. The Company provides this Website for use only by persons located in the United States. The Company makes no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
  19. Warranty Disclaimers
    1. You acknowledge that the Company cannot and does not state that files available for downloading from the Internet or the Website will be free from loss, corruption, attack, viruses or other destructive code, interference, hacking, or other security intrusions. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for keeping a means external to the Website for any reconstruction of any lost data. The Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on the Website, or on any website linked to the it.
    2. Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. The Company provides the Website, its content, and any services or items obtained through the Website “as is,” “with all faults,” and “as available,” without making any warranty, either express or implied. The Company is not making any warranty (1) that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted; (2) that defects will be corrected; (3) that the Website or the server that makes it available are free of viruses or other harmful components; or (4) that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.
    3. The Company is not making any warranty, whether express, implied, statutory, or otherwise, including warranty of merchantability, title, noninfringement, privacy, security, and fitness for a particular purpose. No advice or information, whether oral or written, obtained from the Company, the Website, or elsewhere will create any warranty not expressly stated in this agreement.
  20. Limit on Liability; Release
    1. The Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any of the following:
      1. Errors, mistakes, or inaccuracies of content;
      2. Personal injury or property damage resulting from your access to and use of the Website or its content;
      3. Content (including User Contributions) or conduct that is infringing, inaccurate, obscene, indecent, offensive, threatening, harassing, defamatory, libelous, abusive, invasive of privacy, or illegal;
      4. Unauthorized access to or use of the Company’s servers and any personal or financial information stored in them, including unauthorized access or changes to your account, submissions, transmissions, or data;
      5. Interruption or cessation of transmission to or from the Website;
      6. Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through the Website by any person or that might infect your computer or affect your access to or use of the Website, your other services, hardware, or software;
      7. Incompatibility between the Website and your other services, hardware, or software;
      8. Delays or failures you might experience in starting, conducting, or completing any transmissions to or transactions with the Website; or
      9. Loss or damage incurred because of the use of any content posted, emailed, sent, or otherwise made available through the Website.
    2. You hereby release the Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers from all liability arising out of user submissions or the conduct of other users or third parties, including disputes between you and one or more other users or third parties.
  21. Exclusion of Damages; Exclusive Remedy
    1. Unless caused by gross negligence or intentional misconduct, the Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any direct, indirect, special (including so-called consequential damages), statutory, punitive, or exemplary damages arising out of or relating to your access or your inability to access the Website or the content. This exclusion applies regardless of theory of liability and even if you told the Company about the possibility of these damages or the Company knew or should have known about the possibility of these damages.
    2. The Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access of or your inability to access the Website or the content. This exclusion applies regardless of theory of liability and even if you told the Company about the possibility of these damages or the Company knew or should have known about the possibility of these damages.
    3. If you are dissatisfied with the Website or have any other complaint, your exclusive remedy is to stop using the Website. The maximum liability of the Company and its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers to you for any claim will not exceed $500 even if the remedy fails of its essential purpose.
  22. Scope of Disclaimers, Exclusions, and Limits. The disclaimers, exclusions, and limits stated in sections 20, 21, and 22 apply to the greatest extent allowed by law, but no more. The Company does not intend to deprive you of any mandatory protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the exclusion of some damages, or other matters, one or more of the disclaimers, exclusions, or limits will not apply to you.
  23. Indemnification
    1. In General. You will pay the Company, its directors, officers, employees, agents, contractors, subsidiaries, affiliates, licensors, content providers, and service providers (the “Indemnified Parties”) for any loss of the Indemnified Parties’ that is caused by any of the following: (a) your access of, or conduct on, the Website, including your User Contributions; (b) your conduct off the Website; (c) your breach of this agreement; (d) your violation of rights of any person, including intellectual property, publicity, and privacy rights; (e) your violation of any applicable law; (f) your tortious acts or omissions; or (g) your criminal acts or omissions. But you are not required to pay if the loss was caused by the Indemnified Party’s intentional misconduct.
    2. Definitions
      1. Loss” means an amount that the Indemnified Party is legally responsible for or pays in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes incidental, direct, and consequential damages.
      2. A loss is “caused by an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.
    3. Indemnified Party’s Duty to Notify You. If the Indemnified Party has your contact information, the Indemnified Party will notify you before the 30th day after the Indemnified Party knows or should reasonably have known of a claim for a loss that you might be compelled to pay. But the Indemnified Party’s failure to give you timely notice does not end your obligation, except if that failure prejudices your ability to defend or mitigate losses.
    4. Legal Defense of a Claim. The Indemnified Party has control over defending a claim for a loss (including settling it), unless the Indemnified Party directs you to control the defense. If the Indemnified Party directs you to control the defense, you will not settle any litigation without the Indemnified Party’s written consent if the settlement (1) imposes a penalty or limitation on the Indemnified Party, (2) admits the Indemnified Party’s fault, or (3) does not fully release the Indemnified Party from liability. You and the Indemnified Party will cooperate with each other in good faith on a claim.
    5. No Exclusivity. The Indemnified Parties’ rights under this section 24 do not affect other rights they might have.
  24. Governing Law and Jurisdiction
    1. Florida law—without giving effect to any conflicts of law principles—governs all matters arising out of or relating to the Website or this agreement. The predominant purpose of this agreement is providing services and licensing access to intellectual property and not a “sale of goods.” This agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
    2. All disputes arising out of or relating to the Website or this agreement that are not subject to arbitration under section 26.1 will be subject to the exclusive jurisdiction and venue of the United States District Court for the Middle District of Florida or any state court in Hillsborough County, Florida, and each party hereby submits to the personal jurisdiction of those courts. Each party hereby waives any right to seek another forum or venue because of improper or inconvenient forum.
  25. Alternative Dispute Resolution
    1. Arbitration. As the exclusive means of initiating adversarial proceedings to resolve any dispute arising out of the Website, this agreement, or the subject matter of this agreement, a party may demand that any such dispute be resolved by arbitration administered by the Arbitration Resolution Services, Inc. (ARS) (or a similar online dispute resolution provider if ARS is not available) in accordance with its rules available at www.arbresolutions.com, and each party hereby consents to any such dispute being so resolved. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, enforceability, or formation of this agreement, including any claim that all or any part of this agreement is void or voidable. Each party will be responsible for paying any filing, administrative, and arbitrator fees associated with the arbitration. The arbitrator may grant whatever relief that would be available in a court at law or in equity, except that the arbitrator must not award punitive or exemplary damages, or damages otherwise limited or excluded in this agreement. The arbitrator’s award will include costs of arbitration, reasonable legal fees under section 26.3, and reasonable costs for expert and other witnesses. Judgment on any award rendered in any such arbitration may be entered in any court having jurisdiction. Unless required by law, neither a party nor an arbitrator will disclose the existence, content, or results of any arbitration under this agreement without the advance written consent of both parties.
    2. Injunctive Relief. The parties acknowledge that breach by either party of the obligations under this agreement could cause irreparable harm for which damages would be an inadequate remedy. Nothing in this section 26 will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Website, in each case without posting a bond or other security and without proof of actual money damages in connection with the claim.
    3. Recovery of Expenses. In any proceedings between the parties arising out of this agreement or relating to the subject matter of this agreement, the prevailing party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses. For purposes of this section 26.3, “prevailing party” means, for any proceeding, the party in whose favor an award is rendered, except that if in those proceedings the award finds in favor of one party on one or more claims or counterclaims and in favor of the other party on one or more other claims or counterclaims, neither party will be the prevailing party. If any proceedings are voluntarily dismissed or are dismissed as part of settlement of that dispute, neither party will be the prevailing party in those proceedings.
    4. Jury Trial Waiver. Both parties hereby waive the right to a trial by jury for any dispute arising out of or relating to the Website. Either party may enforce this waiver up to and including the first day of trial.
    5. Class Action Waiver. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless the Company agrees otherwise, the arbitrator will not consolidate more than one person’s claims. Both parties acknowledge that each party is waiving the right to participate in a class action.
    6. Limitation on Time to Bring Claims. A party will not file a claim arising out of or relating to the Website more than one year after the cause of action arose. Any claim brought after one year is barred.
  26. General
    1. Entire Agreement. This agreement constitutes the entire agreement between you and the Company about your access to the Website. It supersedes all earlier or contemporaneous agreements between you and the Company about access to the Website. A printed version of this agreement will be admissible in any proceedings arising out of (or relating to) this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and kept in printed form. Any additional terms on the Website will govern the items to which they pertain.
    2. Changes. The Company may change this agreement on one or more occasions. The Company will try to post changes on the Website at least 15 days before they become effective. Changes will become effective on the “last updated” date stated at the top of this page. Changes will not apply to continuing disputes or to disputes arising out of (or relating to) events happening before the posted changes. While the Company will try to notify you when the Company changes this agreement, the Company does not assume an obligation to do so, and it is your responsibility to frequently check this page to review the most current agreement. By continuing to use the Website after the Company posts changes to this agreement, you agree to the revised agreement. If you do not agree to the revised agreement, your exclusive remedy is to stop accessing the Website. If you need more information about the changes or have any other questions or comments about the changes, please contact the Company at [email protected].
    3. Assignment and Delegation. The Company may assign its rights or delegate any performance under this agreement without your consent. You will not assign your rights or delegate your performance under this agreement without the Company’s advanced written consent. Any attempted assignment of rights or delegation of performance in breach of this section 27.3 is void.
    4. No Waivers. The parties may waive a provision in this agreement only by a writing signed by the party or parties against whom the waiver is sought to be enforced. No failure or delay in exercising any right or remedy, or in requiring the satisfaction of any condition, under this agreement, and no act, omission, or course of dealing between the parties, operates as a waiver or estoppel of any right, remedy, or condition. A waiver made in writing on one occasion is effective only in that instance and only for the purpose stated. A waiver once given is not to be construed as a waiver on any future occasion or against any other person.
    5. Severability. The parties intend as follows:
      1. that if any provision of this agreement is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded;
      2. that if modifying or disregarding the unenforceable provision would result in failure of an essential purpose of this agreement, the entire agreement will be held unenforceable;
      3. that if an unenforceable provision is modified or disregarded in accordance with this section 27.5, then the rest of the agreement will remain in effect as written; and
      4. that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.
    6. Notices
      1. Sending Notice to the Company. You may send notice to the Company by email at [email protected] unless a specific email address is set out for giving notice. The Company will consider an email notice received by the Company only when its server sends a return message to you acknowledging receipt. The Company may change its contact information on one or more occasions by posting the change on the Website. Please check the Website for the most current information for sending notice to the Company.
      2. Sending Notice to You—Electronic Notice. You consent to receiving any notice from the Company in electronic form either (1) by email to the last known email address the Company has for you or (2) by posting the notice on a place on the Website chosen for this purpose. The Company will consider notices sent to you by email received when its email service shows transmission to your email address. You state that any email address you gave the Company for contacting you is a current and valid email address for receiving notice, and that your computer has hardware and software configured to send and receive email through the Internet and to print any email you receive.
    7. Force Majeure. The Company is not responsible for any failure to perform if unforeseen circumstances or causes beyond its reasonable control delays or continues to delay its performance, including (a) acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; (b) war, riot, arson, embargoes, acts of civil or military authority, or terrorism; (c) fiber cuts; (d) strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; (e) failure of the telecommunications or information services infrastructure; and (f) hacking, SPAM, or any failure of a computer, server, network, or software.
    8. No Third-Party Beneficiaries. This agreement does not, and the parties do not intend it to, confer any rights or remedies on any person other than the parties to this agreement.
    9. Relationship of the Parties. This agreement does not, and the parties do not intend it to, create a partnership, joint venture, agency, franchise, or employment relationship between the parties and the parties expressly disclaim the existence of any of these relationships between them. Neither of the parties is the agent for the other, and neither party has the right to bind the other on any agreement with a third party.
    10. Successors and Assigns. This agreement inures to the benefit of, and are binding on, the parties and their respective successors and assigns. This section 27.10 does not address, directly or indirectly, whether a party may assign rights or delegate obligations under this agreement. Section 27.3 addresses these matters.
    11. Electronic Communications Not Private. The Company does not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to the Company or from the Company as open communications readily accessible to the public. You should not use the Website to send or receive messages you only intend the sender and named recipients to read. Users or operators of the Website may read all messages you send to the Website regardless of whether they are intended recipients.
    12. Electronic Signatures. Any affirmation, assent, or agreement you send through the Website will bind you. You acknowledge that when you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your finger, mouse, keystroke, or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
    13. Consumer Rights Information—California Residents Only. This section 27.13 applies only to California residents. In compliance with section 1789 of the California Civil Code, please note the following:

Tekprepper Solutions, LLC
12200 US-19
Hudson, Florida 34667

Users who wish to gain access to the password-restricted area of the Website must register. The Company does not charge consumers for registering, but the Company may charge for various services. You may contact the Company at [email protected] to resolve any disputes or to receive further information about the Website.

  1. ComplaintsCalifornia Residents Only. You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 North Street, #501, Sacramento, California 95814, or by telephone at +1 (916) 445-1254.
  2. Feedback. The Company encourage you to provide feedback about the Website. But the Company will not treat as confidential any suggestion or idea provided by you, and nothing in this agreement will restrict its right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.
  3. English Language. The Company drafted this agreement in the English language. No translation into any other language will be used to interpret or construe this agreement. All services, support, notices, designations, specifications, and communications will be provided in English.
  4. Your Comments and Concerns. You should direct all feedback, comments, requests for technical support, and other communications relating to the Website to the Company by email at [email protected].