Terms Of Use
Welcome to OurCountryOurChoice.com and ancillary sites, Members.OurCountryOurChoice.com and
Shop.OurCountryOurChoice.com collectively (“OurCountryOurChoice.com” or “Site”). It’s important to us that
users have a special experience when using this Site and related content and our services (“Services”). To that
end, these Terms of Use (“Terms”) describe our terms of service and your terms of use and certain legal rights
and limitations. Each time you access and/or use the Site or related content and Services, you agree to be
bound by these terms.
1. These Terms and any additional terms posted on this Site may be modified by us from time to time and
apply as modified at each time of use of the Site. You agree that the Terms then posted on the Site at the
time of your use govern.
• You represent that you have the legal capacity to agree to and be bound by these Terms.
• The information you submit to the Site must be correct. We can refuse access to the Site or related
content and Services if we learn that information you have provided is inaccurate.
• Disclaimer of Warranties.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION,
SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND
“AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OURCOUNTRYOURCHOICE.COM
AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF OUR COUNTRY OUR CHOICE, LLC DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO
NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE,
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR
THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR
THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES,
OR OTHER CONTENT ON THE SITE OR ANY SITES LINKED TO THE SITE IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE MAKE NO WARRANTIES THAT YOUR
USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT IN
THE SITE OR ANY SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND WE ASSUME NO LIABILITY
OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE,
FACILITIES, SERVICES, OR OTHER CONTENT OF THE SITE OR ANY OTHER SITE. IF APPLICABLE LAW
DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO
APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW.
• Limitation of Liability.
WE DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY, OR OTHERWISE, AND DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE(DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR
OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER SITE,
OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE
SITE OR ANY OTHER SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND
EVEN IF WE OR ANY EMPLOYEE, OFFICER OR OWNER OF OURCOUNTRYOURCHOICE.COM OR OUR
COUNTRY OUR CHOICE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
WITHOUT LIMITATION, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR
CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING THEREIN. IF APPLICABLE
LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO
YOU, THE LIMITATIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW.
• Binding Arbitration of All Disputes; No Class Relief.
To the fullest extent permissible by law, with the exception of disputes pertaining to our intellectual property
rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you
and us arising under these Terms shall be resolved through binding arbitration pursuant to the JAMS
Streamlined Arbitration Rules and Procedures on an individual basis with no class relief. The arbitrator shall be
a retired judge or justice of any Florida state or federal court with substantial experience in the internet industry
and shall follow Florida substantive law in adjudicating the dispute, except that this Section 6 shall be construed
as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that we
intend that this Section 6 satisfies the “writing” requirement of the FAA. The hearing shall be conducted either in
Florida or in the county that encompasses the billing address you have provided to us. For any claim in which
you seek U.S. $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person,
by telephone, or instead the arbitrator may decide the dispute without a hearing. AGREEMENT TO THESE
TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A
WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
• Forums.
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN
BOARDS, COMMENT SECTIONS, COMMUNITY PAGES, OR OTHER FORUMS ON THIS SITE (“FORUMS”)
ARE NOT NECESSARILY THOSE OF OURCOUNTRYOURCHOICE.COM OR OUR CONTENT PROVIDERS.
WE DO NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT
OUR RESPONSIBILITY. WE MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY
AT ANY TIME IN OUR SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND
WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.
• Submissions, Postings, and Emails.
We are interested in hearing from you regarding your questions or comments about our Site. However, we do
not accept or consider unsolicited submissions of any kind (e.g., ideas, concepts, or any other similar materials)
in any format, by any means of transmission (including email). Any such submissions may be either returned to
the sender or deleted or discarded or considered by us to be non-confidential. Therefore, please do not send
any unsolicited submissions to OURCOUNTRYOURCHOICE.COM or OUR COUNTRY OUR CHOICE, LLC.
• User Content.
From time to time, areas on this Site may expressly request or allow submissions of concepts, stories, or other
potential content from you (“User Content”). Where this is the case, please carefully read any specific rules or
other terms and conditions which appear on this Site to govern those User Content (“Additional Terms”), as theywill affect your legal rights. If no Additional Terms govern those User Content, then these Terms will apply in full
to any User Content you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED
AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any
content that you submit to the Site.
• Our User Content Reservation of Rights
OurCountryOurChoice.com does not guarantee the truthfulness, accuracy, or validity of any User Content on
the Site. OUR COUNTRY OUR CHOICE, LLC reserves the right to refuse, delete or remove any User Content
that it considers inappropriate or otherwise objectionable, in its sole discretion. OUR COUNTRY OUR CHOICE,
LLC, however, assumes no responsibility for monitoring or policing the Site for inappropriate User Content or
conduct. If at any time OUR COUNTRY OUR CHOICE, LLC chooses, in its sole discretion, to monitor the Site,
OUR COUNTRY OUR CHOICE, LLC will assume no responsibility for the User Content on the Site, no
obligation to modify or remove any inappropriate or otherwise objectionable User Content on the Site, and no
responsibility for the conduct of any user submitting such User Content.
By submitting User Content to or through the Site, you expressly grant OUR COUNTRY OUR CHOICE, LLC a
worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, transferable license (including the
right to sublicense through multiple tiers) to:
⎯ Use, publish, transmit, translate, modify, reproduce, display, distribute, process, adapt, publicly
perform, publicly display, prepare derivative works from, and distribute your User Content,
derivatives, or any portion thereof, in any form, medium or distribution method now known or
hereafter existing, known or developed, and authorize others to use your User Content.
⎯ Use (and permit others to use) your User Content in any manner and for any purpose (including,
without limitation, commercial purposes) that we deem appropriate in our sole discretion (including,
without limitation, to incorporate your User Content or any modification thereto, in whole or in part,
into any technology, product, or service); and
⎯ Display advertisements in connection with your User Content and to use your User Content for
advertising and promotional purposes.
You acknowledge that you are solely responsible for the User Content you post on or through the Site and the
consequences of posting such User Content. By posting such User Content, you represent and warrant to us
that:
⎯ You own all rights in your User Content (including, without limitation, all rights to the reproduction
and display of your User Content) or, alternatively, you have acquired all necessary rights in your
User Content to enable you to grant to us the rights in your User Content as described in this
Agreement;
⎯ You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of
any kind, arising from any use or commercial exploitation of your User Content;
⎯ Your User Content does not infringe the copyright, trademark, patent, trade secret, or other
intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
⎯ You voluntarily agree to waive all “moral rights” that you may have in your User Content;
⎯ Any information contained in your User Content is not known by you to be false, inaccurate, or
misleading;
⎯ Your User Content does not violate any law (including, but not limited to, those governing export
control, consumer protection, unfair competition, anti-discrimination, or false advertising);
⎯ Your User Content is not, and may not reasonably be considered to be, defamatory, libelous,
hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, orunlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene,
or invasive of another's privacy;
⎯ You were not and will not be compensated or granted any consideration by any third party for
submitting Your User Content;
⎯ Your User Content does not incorporate materials from a third-party website, or addresses, email
addresses, contact information, or phone numbers (other than your own);
⎯ Your User Content does not contain any viruses, worms, spyware, adware, or other potentially
damaging programs or files;
⎯ Your User Content does not contain any information that you consider confidential, proprietary, or
personal; and
⎯ Your User Content does not contain or constitute any unsolicited or unauthorized advertising,
promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of
solicitation.
OUR COUNTRY OUR CHOICE, LLC may use email validation or other confirmation or validation methods to
reduce “comment spam.”
• User Conduct.
By accessing and using the Site, you agree that you will: (i) comply with all applicable local, state, national, and
international laws and regulations that govern your use of the Site; and (ii) provide truthful and accurate
information about your identity if you choose to register on the Site.
You also agree that you will NOT:
⎯ disrupt or interfere with the security or accessibility of the Site or any services offered in connection
with the Site;
⎯ transmit any obscene or otherwise objectionable User Content, viruses or other harmful files, or
any type of unsolicited mass email through or in connection with the Site;
⎯ reproduce, duplicate, copy, sell, resell, use or exploit any portion of the Site for a commercial
purpose, unless specifically authorized by OUR COUNTRY OUR CHOICE, LLC;
⎯ attempt to gain unauthorized access to the Site;
⎯ defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of
privacy and publicity) of others;
⎯ use racially, ethnically, or otherwise offensive language;
⎯ use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
⎯ post anything that exploits children or minors;
⎯ post anything that depicts cruelty to animals;
⎯ post any copyrighted or trademarked materials without the express permission from the owner;
⎯ disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’,
‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation;
⎯ use any robot, spider, scraper or other automated means to access the Site;
⎯ take any action that imposes an unreasonable or disproportionately large load on our
infrastructure;
⎯ alter the opinions or comments posted by others on this Site;
⎯ use the Site for unintended purposes or trying to change the behavior of the Site;
⎯ attempt to probe, scan or test the vulnerability of a system or network or to breach security or
authentication measures without proper authorization;
⎯ attempt to interfere with service to any user, host or network including, but not limited to, by way of
submitting a virus to, or overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; or
⎯ take any action that may otherwise harm, disrupt or overburden the Site, or harm another user of
the Site.
This list of prohibitions provides examples and is not complete or exclusive. OUR COUNTRY OUR CHOICE,
LLC reserves the right to (a) terminate access to your account, your ability to post to this Site and (b) refuse,
delete or remove any User Content with or without cause and with or without notice, for any reason or no
reason, or for any action that OUR COUNTRY OUR CHOICE, LLC determines is inappropriate or disruptive to
this Site or to any other user of this Site. OUR COUNTRY OUR CHOICE, LLC may report to law enforcement
authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or
at our discretion, OUR COUNTRY OUR CHOICE, LLC will cooperate with law enforcement agencies in any
investigation of alleged illegal activity.
YOU WAIVE AND HOLD HARMLESS OUR COUNTRY OUR CHOICE, LLC. AND ITS 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 SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Site, and cannot ensure prompt removal of
objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction
regarding transmissions, communications, or content provided by any user or third party. We have no liability or
responsibility to anyone for performance or nonperformance of the activities described in this section.
• Children Under 13.
The Site is not directed to children under 13, and OUR COUNTRY OUR CHOICE, LLC does not knowingly
collect or solicit personally identifiable information from or about children under 13. If we discover that we have
received any personally identifiable information from a child under 13, we will delete such information from our
servers and records promptly.
• Subscriptions and Paid Products.
We reserve the right at any time to charge fees for certain services and for access to certain portions of the Site
or the Site as a whole (“Premium Services”). We will not charge you for Premium Services unless we obtain
your prior agreement to pay any charges. Thus, if at any time we require or change a fee for Premium Services,
we will give you thirty (30) days advance notice of such fees. Any new fees will be posted prominently on the
applicable Site and/or through an email address that we have in our records for you. You are responsible for
paying all fees and charges, including all applicable taxes, incurred through your account at the rates in effect
for the billing period in which such fees and charges are incurred.
We reserve the right to offer signup discounts for our Premium Services, however, subscription renewals will be
at the term’s full price unless otherwise noted at the time of signup. Monthly subscriptions and Annual
subscriptions will renew at prices displayed on the Site.
We reserve the right to make changes to our Premium Services at any time and without notice, including the
addition and/or removal of products and benefits, as well as changing or eliminating the prices charged.
We reserve the right to suspend or terminate access to any Premium Services at any time. Furthermore, no
credit or refund will be offered if a Premium Service is temporarily unavailable.
You may cancel your account at any time, but when you cancel your access and/or subscription to a Premium
Service, you cancel only future charges and we will not offer you a refund of any payments that have already
been made for said paid product.
• Product Specifications; Pricing; Typographical Errors.
We do our best to describe every product or Service offered on this Site accurately. However, we do not warrant
that product specifications, pricing, promotional offers, or other content on the Site is complete, accurate,
reliable, current, or error-free. In the event of any errors relating to pricing, terms, or specifications, we shall
have the right to refuse or cancel any orders in our sole discretion. If we charged your credit card or other
account prior to cancellation, we will issue a credit to your account in the amount of the charge. If a product you
purchased from us is not as expected.
• Seller; Risk of Loss.
OurCountryOurChoice.com is or may be the seller of various goods and Services on the Site. However all items
purchased from the Site are pursuant to a shipment contract and risk of loss and title may pass to you upon our
delivery to the carrier.
• Release.
If you have a dispute with one or more users (including merchants), you release us (and our parent companies,
affiliates and subsidiaries, and their respective officers, directors, employees, and agents) from claims,
demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature,
known and unknown, arising out of or in any way connected with such disputes). In entering into this release,
you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law
that would otherwise limit the coverage of this release to include only those claims which you may know or
suspect to exist in your favor at the time of agreeing to this release.
• Indemnity.
You agree to indemnify and hold harmless OurCountryOurChoice.com and OUR COUNTRY OUR CHOICE,
LLC and its officers, directors, employees, agents, distributors, and affiliates from and against any and all
claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from your breach
of these Terms, including any of the foregoing provisions, representations or warranties, from your placement or
transmission of any content onto our servers and/or from any and all use of your account.
• System Abuse.
Without limitation, you agree not to send, create, or reply to so called “mailbombs” (i.e., emailing copies of a
single message to many users, or sending large or multiple files or messages to a single user with malicious
intent), or conduct impersonations or other scams, or engage in “spamming” (i.e., unsolicited emailing for
business or other purposes) or undertake any other activity which may adversely affect the operation or
enjoyment of this Site by any other person, including placing malware on the Site.
You may not reproduce, sell, resell, or otherwise exploit any resource, or access to any resource, contained on
this Site.
You further agree not to send or cause to send (directly or indirectly) unsolicited bulk messages or other
unsolicited bulk communications of any kind through the Site or our Services. If you do so, you acknowledge
you will have caused substantial harm to us, but that the amount of harm would be extremely difficult to
measure. As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty,
you agree to pay us $50 for each actual or intended recipient of such communication.
• Security.
Any usernames and passwords used for this Site are for individual use only. You shall be responsible for the
security of your username and password (if any). We shall be entitled to monitor your username and password
and, at our discretion, require you to change it. If you use a username and password that we consider insecure,
we will be entitled to require it to be changed and/or terminate your account.
• Third-Party Sites.
This Site may link you to other sites on the Internet. These sites may contain information or material that some
people may find inappropriate or offensive. These other sites are not under our control, and you acknowledge
that (whether or not such sites are affiliated in any way with us) we are not responsible for the accuracy,
copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of any
link on this Site does not imply endorsement of any site by us or any association with its operators.
We cannot ensure that you will be satisfied with any products or services that you purchase from any third-party
site that links to or from us since the third-party sites are owned and operated by independent retailers. We do
not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of
the information contained on such third-party sites. We do not make any representations or warranties as to the
security of any information (including, without limitation, credit card and other personal information) you might be
requested to give any third-party, and you irrevocably waive any claim against us with respect to such sites. We
strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding
with any online transaction with any of these third-parties.
• Choice of Law.
With the exception of Section 6 which will be construed in accordance with the FAA and California law, these
Terms shall be governed by, construed and enforced in accordance with the laws of the State of Florida.
• Notice for California Users.
Under California Civil Code Section 1789.3, California users of the Site may be entitled to the following specific
consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento,
California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
• How to Contact Us.
This Site is controlled and operated by OUR COUNTRY OUR CHOICE, LLC. Please forward any questions
regarding privacy, security, or any other legal matter to yourprivacy@OurCountryOurChoice.com.
• General
If any provision of these Terms is adjudged by a court of competent jurisdiction to be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect
the validity and enforceability of any remaining provisions. This is the entire agreement between you and
OurCountryOurChoice.com and OUR COUNTRY OUR CHOICE, LLC relating to the matters contained here
and the Site and related content and Services.