Terms of Service & Conditions

• DEFINITIONS
• ACCESS; CONDITIONS TO USE OF THIS WEBSITE
• GATORSTRIKE LLC MEMBERSHIP
• CASH BACK OFFER
• WHOLESALE SALES
• COPYRIGHTS, TRADEMARKS, AND OTHER INTELLECTUAL PROPERTY RIGHTS; RESERVATION OF RIGHTS
• PRIVACY
• PURCHASE OF GOODS; GATORSTRIKE LLC ACCOUNTS
• DISCLAIMER OF WARRANTIES
• LIMITATION OF LIABILITY
• GIVE US YOUR FEEDBACK
• LINKS TO THIRD-PARTY WEBSITES
• DISPUTE RESOLUTION
• TERMINATION OF THIS AGREEMENT
• MISCELLANEOUS PROVISIONS
• CONTACT INFORMATION
• MOBILE APPLICATION
• SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
• DMCA

TERMS OF USE AND SERVICE:

Welcome to GatorStrike.com, including any related websites, microsites, and mobile applications (collectively, the “Website”), which is owned and operated by GatorStrike LLC (“GatorStrike LLC,” the “Company,” “we,” “us,” or “our”). References to the Website include GatorStrike.com and any other websites or web pages owned or controlled by the Company. References to the Company include its affiliates.

Please read these Terms of Use and Service (this “Agreement”) carefully before accessing or using the Website, including before using any features or content made available through the Website or before purchasing, ordering, or otherwise using any goods or services offered by or on behalf of the Company (the “Goods,” as defined below).

IMPORTANT NOTICE REGARDING ARBITRATION AND CLASS ACTION WAIVER.

This Agreement contains a binding arbitration provision and a class action waiver. Except for certain disputes that may be brought in small claims court, you agree that disputes between you and us will be resolved by binding arbitration, and you waive your right to sue in court and to have a trial by judge or jury. You also waive your right to participate in a class action or other representative proceeding. Please review the Dispute Resolution section below for additional information.

SCOPE OF AGREEMENT:

This Agreement governs not only your access to and use of the Website, but also your interactions with the Company relating to the Website and the Goods, whether online, by text message, by telephone, or through any other means. Please review this Agreement carefully to ensure you understand the terms and conditions that apply to your use of the Website and the Goods.

TEXT MESSAGE COMMUNICATIONS:

Your interactions with us may include communications by text message. Standard message and data rates may apply, and you are responsible for all costs and fees incurred in connection with sending or receiving text messages to or from us.

This Agreement applies to all visitors, users, purchasers, and other persons who access or use the Website for any purpose (“User,” “you,” or “your”). The Company provides this Agreement to inform Users of the terms and conditions governing access to and use of the Website and any purchases or other use of the Goods.

ACCEPTANCE OF TERMS:

Your access to and use of the Website and any related services is conditioned upon your acceptance of, and compliance with, this Agreement without modification.

BY ACCESSING OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, THE GATORSTRIKE LLC PRIVACY POLICY (AS DEFINED HEREIN), AND ALL OTHER POLICIES REFERENCED IN OR INCORPORATED INTO THIS AGREEMENT, EFFECTIVE AS OF THE DATE OF YOUR FIRST USE OF THE WEBSITE.

No additions, deletions, or other modifications to this Agreement proposed by you will be accepted. If you do not agree to all terms and conditions of this Agreement, you must not access or use the Website.

This Agreement is a legally binding contract governing your use of the Website and the purchase and sale of the Goods. You should download and print a copy for your records.

In addition to this Agreement, by using the Website you also agree to any applicable Messaging Terms, Privacy Policy, and Mobile Terms of Service made available by the Company.

By visiting or using this Website, you agree to the following:

DEFINITIONS

In addition to any other capitalized terms defined elsewhere in this Agreement, the following terms have the meanings set forth below:

• “Access Right” has the meaning set forth in Section 2.
• “GatorStrike LLC Account” (including a “GatorStrike LLC Account of a GatorStrike LLC Purchaser”) has the meaning set forth in Section 5.
• “GatorStrike LLC Privacy Policy” has the meaning set forth in Section 7.
• “Goods” or “Services” means any goods and/or services offered, provided, or sold by or on behalf of GatorStrike LLC.
• “GatorStrike LLC Purchaser” has the meaning set forth in Section 8.
• “Company IP Assets” has the meaning set forth in Section 6.
• “Content” has the meaning set forth in Section 2.
• “Server” or “Company Server” means the computer software and/or hardware that hosts and serves the Website to users via the Internet.
• “Purchase” or “order” has the meaning set forth in Section 8.
• “User” has the meaning set forth above in this Agreement; for clarity, “User” includes any GatorStrike LLC Purchaser who uses the Website to procure any Goods as contemplated by Section 8 of this Agreement.

ACCESS; CONDITIONS TO USE OF THIS WEBSITE:

1. Grant of Limited Access

Subject to your continued compliance with this Agreement and any other applicable agreement between you and the Company, GatorStrike LLC (“Company”) grants you a non-exclusive, revocable, non-transferable, and limited right to access and use this Website solely for your personal, lawful use and, where applicable, to procure the Goods made available through the Website (the “Access Right”). The Company may suspend, restrict, or revoke the Access Right at any time, in its sole discretion, with or without notice, to the extent permitted by applicable law.

2. Website Changes; Availability:

The Company reserves the right, at any time and from time to time, to modify, update, suspend, or discontinue the Website (or any portion, functionality, feature, content, or service offered through the Website), including the availability of any content, feature, or Goods, without liability to you. The Access Right will automatically terminate upon the expiration, cancellation, or termination of this Agreement for any reason.

3. User Responsibilities for Access:

You are solely responsible for obtaining, maintaining, and paying for all equipment, devices, software, and services necessary to access and use the Website, including without limitation Internet access, modems, hardware, software, and telephone service.

4. Conditions of Use; Prohibited Conduct:

As a condition of your access to and use of the Website (including any procurement of Goods), you agree that you will not:

1. a. Use the Website or any Goods:
   1. (i) for any unlawful purpose or in violation of any applicable law or regulation;
   2. (ii) for any purpose prohibited by this Agreement; or
   3. (iii) in any manner that could damage, disable, overburden, interfere with, disrupt, or impair the Website, any Company Server, or any network connected to the Website, or interfere with any other user’s access to or use of the Website.
2. b. Attempt to obtain (or assist another in obtaining) any materials, data, content, or information through any means not intentionally made available by or through the Website.

5. User Content; Responsibility and License:

To the extent the Website or any Company application permits you to upload, transmit, submit, publish, or otherwise make available any data, information, messages, text, images, audio, video, tags, files, works, or other materials (collectively, “Content”), you are solely responsible for your Content, including its accuracy, legality, and appropriateness, and for maintaining and updating your Content. Any assistance provided by the Company does not relieve you of these responsibilities.

Without limiting any other obligations in this Agreement, you agree that you will not upload, post, transmit, distribute, or otherwise make available any Content that:

1. a. is unlawful, defamatory, libelous, fraudulent, misleading, harassing, threatening, abusive, invasive of privacy or publicity rights, obscene, or otherwise objectionable;
2. b. violates, misappropriates, or infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right of any person or entity;
3. c. violates any applicable local, state, federal, or international law or regulation, or would constitute, encourage, or provide instructions for a criminal offense or otherwise create liability;
4. d. impersonates any person or entity or otherwise misrepresents your affiliation with any person or entity;
5. e. constitutes unsolicited promotions, advertising, spam, junk mail, chain letters, or solicitations for goods, services, or money;
6. f. uses the Website or any Company application for any unauthorized purpose, or for any illegal or fraudulent scheme or transaction; or
7. g. uses any materials or documents obtained through the Goods to solicit business for pecuniary gain.

6. License Grant to Company:

To the extent permitted by applicable law, and in addition to any rights granted to the Company under this Agreement or the GatorStrike LLC Privacy Policy, you grant the Company a perpetual, worldwide, royalty-free, fully paid-up, sublicensable, transferable license to use, host, store, reproduce, modify (for formatting and operational purposes), display, perform, distribute, and otherwise exploit your Content solely to the extent reasonably necessary to:

1. (i) operate, maintain, provide, and improve the Website and its features and functions (including facilitating the procurement of Goods);
2. (ii) administer, investigate, support, and resolve claims, disputes, chargebacks, or issues arising out of or related to your use of the Website or procurement of Goods; and
3. (iii) otherwise conduct the Company’s lawful business operations consistent with this Agreement and the GatorStrike LLC Privacy Policy.

You represent and warrant that you have all rights necessary to grant the foregoing license and that the Company’s use of your Content as permitted herein will not violate the rights of any third party.

7. Enforcement; Security:

You agree not to violate, attempt to violate, or assist others in violating the security of the Website or any Company Server, including by:

1. (i) accessing data not intended for you or logging into any server or account you are not authorized to access;
2. (ii) probing, scanning, or testing the vulnerability of any system or network, or breaching security or authentication measures without proper authorization;
3. (iii) interfering with service to any user, host, or network; or
4. (iv) sending unsolicited email, including promotions and/or advertising.

The Company may investigate suspected violations and may cooperate with law enforcement, including by complying with lawful requests, warrants, court orders, and subpoenas, and by disclosing information relating to your use of the Website, to the extent permitted by applicable law.

8. Termination for Breach:

Without limiting any other remedy, the Company may immediately terminate or suspend your Access Right and/or any account, without notice, if the Company reasonably believes, in its sole discretion, that you have violated this Section or any other provision of this Agreement.

User Content; Responsibility

If the Website now or in the future permits you to upload, transmit, post, submit, or otherwise make available any Content, you represent and warrant that you have all rights and permissions necessary to distribute and reproduce such Content and to grant any licenses set forth in this Agreement.

You are solely responsible for your conduct (and, if applicable, the conduct of any person using your account) while using the Website, including without limitation all Content you generate, transmit, store, submit, or maintain through or in connection with the Website.

The Company does not control, endorse, or assume responsibility for Content submitted by you or any third party, and the Company has no obligation to monitor, review, or pre-screen Content; however, the Company may remove or restrict access to Content at any time in its discretion.

Termination for Breach

In addition to any other rights or remedies available to the Company, the Company may immediately suspend or terminate your Access Right and/or any account, without prior notice, if the Company reasonably believes, in its sole discretion, that you have violated this Section or any other provision of this Agreement.

Order Refusal; Quantity Limits

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing and/or shipping address.

If we modify or cancel an order, we may attempt to notify you by contacting the email address and/or billing address and/or telephone number provided at the time the order was placed.

We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

GATORSTRIKE LLC MEMBERSHIP

Certain Services may include access to the GatorStrike LLC Membership (the “Membership”), a members-only program offering designated benefits for an annual fee. Information regarding Membership benefits, enrollment, and cancellation is available on the applicable Membership page(s) made available through the Website.

Fees; Taxes; Billing Authorization

The then-current Membership fee is as stated on the applicable Membership page(s). The Company may offer different Membership terms from time to time, and fees may vary based on the terms offered. Membership fees are non-refundable except as expressly stated in these Terms or as otherwise required by applicable law. Taxes may apply.

If all eligible payment methods on file for you are declined, you must promptly provide a new eligible payment method; otherwise, your Membership may be canceled. If you provide a new eligible payment method and a charge is successfully processed, your Membership term will continue to be measured from the original renewal date (not the date of the successful charge).

Changes to Membership Terms

We may modify Membership terms, benefits, or pricing in our discretion, subject to applicable law. Your continued Membership after any change becomes effective constitutes your acceptance of the revised terms. If you do not agree to any change, you must cancel your Membership.

Termination by Company; Prorated Refund

We may terminate your Membership in our discretion. If we do so, we may provide a prorated refund based on the number of full months remaining in your then-current Membership term. No refund will be provided where termination is based on conduct that we determine, in our discretion, (i) violates these Terms or applicable law, (ii) involves fraud, abuse, or misuse of the Membership, or (iii) is harmful to our interests or to another user.

Our failure to insist upon or enforce strict compliance with these Terms does not constitute a waiver of any rights.

CASH BACK OFFER

The Company’s “CashBack” offer (the “CashBack Offer”) provides eligible customers with the opportunity to earn a reward on qualifying purchases, subject to these Terms and any additional terms presented at the time of enrollment, checkout, or reward selection.

1. Reward Options; Amount

For each qualifying purchase, an eligible customer may be offered a choice of one of the following rewards (each, a “Reward”):

1. (a) a prepaid digital debit card in an amount equal to a stated percentage of the merchandise amount paid in the qualifying purchase; or
2. (b) a greater value in the form of time-limited GatorStrike LLC reward credit that may be applied toward a future purchase with the Company.

Reward amounts, percentages, eligibility, and available options may vary by customer and over time. The Company may communicate changes via email and/or by posting updates on the Website, including when a participating customer returns to shop.

2. Eligibility; Enrollment

The CashBack Offer is available only to customers with a shipping address within the United States who opt in to receive marketing emails from GatorStrike LLC in response to an enrollment invitation that specifically references the CashBack Offer. The CashBack Offer is not retroactive and does not apply to purchases made prior to enrollment.

3. Qualifying Purchases; Promo Code Restriction

CashBack earning is available only on merchandise purchases that qualify under the terms presented at checkout. No CashBack will be earned on purchases where a promo code is applied. If you have a promo code, you must choose either (i) to apply the promo code, or (ii) to decline the promo code and instead pursue eligibility for the CashBack Reward. The CashBack Reward option may appear at checkout, but will be disabled if you enter a promo code.

Unless otherwise stated, the reward percentage (if applicable) is calculated based on the merchandise total price paid, excluding sales tax, shipping, handling, and other non-merchandise charges, and excluding the purchase of gift cards.

4. Post-Purchase Claim Process; Deadline

After a qualifying purchase, we will send an email to the email address associated with your account (or otherwise provided at checkout) containing instructions and a link or method to select your Reward. The email will present your choice between the prepaid digital debit card and the time-limited GatorStrike LLC reward credit (if both options are offered for that purchase).

You must submit your Reward selection within six (6) months after the date of the qualifying purchase. Late submissions will not be accepted. If you do not submit a timely selection, you will not receive a Reward for that qualifying purchase.

5. Delivery Timing; Returns Impact

After you submit your Reward selection, and only after the applicable 30-day return period for your qualifying purchase has expired, we will deliver your Reward.

If you return any item(s) from the qualifying purchase, the CashBack Offer will be canceled as to the returned item(s), and your Reward may be reduced, voided, or canceled accordingly. If you select the prepaid digital debit card option, we will send the digital debit card via email. If you select the reward credit option, we will send you a code via email for use on a subsequent purchase, subject to any additional restrictions disclosed with the code.

6. Customer Responsibility for Contact Information

You are responsible for maintaining an accurate and current email address in your account and/or at checkout. The Company is not responsible for Rewards that are not received due to an incorrect, outdated, or inaccessible email address or other factors outside the Company’s reasonable control.

How to Redeem CashBack Rewards

Prepaid Digital Debit Card

If you select the prepaid digital debit card option, the Reward will be provided in the form of a digital VISA® card, which is generally valid for five (5) years from the date of issuance wherever such cards are accepted, and is subject to the issuer’s and VISA’s applicable terms and conditions. VISA is a trademark of Visa Inc. (or its affiliates). Visa Inc. is not affiliated with, and does not sponsor, endorse, or administer, this CashBack Offer.

GatorStrike LLC Reward Credit

If you select the reward credit option, the Reward will be provided in the form of a promotional code redeemable only for eligible purchases made on GatorStrike.com. Unless otherwise stated in the reward communication, the reward credit will be valid for redemption for ninety (90) days from the date it is issued and may be applied to one or more subsequent purchase(s), including partial use, until the credit is exhausted or expires, whichever occurs first.

Additional Terms; Communications

You are responsible for ensuring that the email address associated with your account (or provided at checkout) is accurate and current. The Company is not responsible for any unreceived emails or other notifications resulting from an incorrect or outdated email address or other circumstances beyond the Company’s reasonable control.

The CashBack Offer is void where prohibited and may be subject to taxation in accordance with applicable law. GatorStrike LLC reserves the right to modify, suspend, or terminate the CashBack Offer at any time, in its sole discretion, to the extent permitted by applicable law. Participation in the CashBack Offer is subject to these Terms, the GatorStrike LLC Terms of Use, and the GatorStrike LLC Privacy Policy, all of which you accept by participating in the CashBack Offer.

BULK SALES

1. Program Scope; Eligibility

GatorStrike LLC (“Company”) offers a bulk sales program (the “Bulk Sales Program”). This Section applies only to customers whose bulk order accounts have been approved by the Company (each, an “Approved Bulk Account”). Questions regarding the Bulk Sales Program may be directed to wholesale@GatorStrike.com.

The Bulk Sales Program is intended solely for third parties purchasing the Company’s Goods for their own internal use. The Bulk Sales Program is not a wholesale program, and you may not resell, distribute, or retail any Goods purchased through the Bulk Sales Program. If the Company has reason to believe you are reselling Goods, the Company may, in its sole discretion, suspend or terminate your Approved Bulk Account, refuse any requested order, or cancel any accepted order.

2. Application; Account Administration

To apply for an Approved Bulk Account, please visit the Company’s bulk sales page. The Company may approve or reject any applicant for any reason or no reason, in its sole discretion. The Company may terminate an Approved Bulk Account at any time, for any reason or no reason, subject to applicable law. The Company may also modify shipping, payment, and other terms applicable to Approved Bulk Accounts at any time.

3. Orders; Governing Terms

This Section governs all orders placed through an Approved Bulk Account, whether placed via the Website, by telephone, in person, by email, or otherwise. This Section may be updated from time to time and is incorporated into, and forms part of, this Agreement. If you are not purchasing through an Approved Bulk Account, this Section does not apply.

The then-current pricing and catalog of Goods will be made available through your Approved Bulk Account (or otherwise as designated by the Company). All orders are subject to a shipping charge, which may change from time to time.

4. Proposed Orders; Acceptance

A request by you to purchase Goods constitutes a “Proposed Order.” A Proposed Order becomes an “Order” only if and to the extent accepted by the Company. The Company may accept, reject, cancel, or modify a Proposed Order, in whole or in part, in its sole discretion. Each accepted Order is governed by this Agreement and this Bulk Sales Section.

5. Payment Terms

Payment is required in advance for all Orders. Accepted payment methods may include major credit cards, PayPal, Amazon Pay, Google Pay, and Apple Pay, as made available by the Company from time to time.

7. Conflicting Terms; Entire Agreement for Orders

Any terms stated by you in a Proposed Order, acceptance, acknowledgment, shipment request, or other communication that are inconsistent with, in addition to, or otherwise conflict with this Section or this Agreement are void and of no effect unless expressly agreed to in a written instrument executed by the Company. Acceptance of any Order is expressly limited to the terms and conditions of this Agreement and this Section.

8. Delivery; Risk of Loss; Shipping Costs

Terms of sale and delivery are FOB GatorStrike LLC’s warehouse (or such other shipping point as the Company designates in writing). Delivery to the carrier constitutes delivery to you. You are responsible for all shipping costs and charges.

Delivery or tender of all or part of the Goods in an Order on or before any specified delivery date will constitute timely delivery. Any subsequent delivery will remain valid unless, prior to shipment, the Company receives written notice of cancellation by certified mail and the Company agrees to cancellation in writing.

Shipment of any part of the Goods for an Order constitutes acceptance of that Order upon the terms set forth herein.

9. Substitutions; Changes

The Company may substitute reasonably similar materials or make reasonable changes, provided such substitutions or changes are of reasonably similar quality. You may request changes by written notice; any such change is effective only if accepted in writing by the Company. If an accepted change increases or decreases the cost or time required for performance, the parties will make an equitable adjustment reflected in a written amendment to the applicable Order.

Substitutions; Changes:

We may, at any time, substitute reasonably similar materials or make reasonable changes to the Goods, provided that any such substitutions or changes are of reasonably similar quality. You may request changes by providing written notice. No requested change will be effective unless and until accepted by us in writing.

If an accepted change results in an increase or decrease in the cost of, or time required for, performance of an Order, the parties will make an equitable adjustment, which will be documented in a written amendment to the applicable Order.

Delivery Adjustments:

We may make reasonable changes to delivery arrangements. Any such changes will not constitute a material modification of the applicable Order.

Termination for Default:

We may terminate an Order, in whole or in part, by written notice of default if you fail to perform any provision within the time specified in the Order (or any extension thereof). The rights and remedies of GatorStrike LLC under this paragraph are cumulative and are in addition to any other rights and remedies available at law or under this Section.

Taxes:

All prices for Goods are exclusive of all applicable city, state, and federal taxes, including, without limitation, taxes on manufacture, sales, receipts, gross income, occupation, use, and similar taxes. You agree to pay all such taxes directly or reimburse us for any such taxes we are required to collect or pay in connection with an Order.

Force Majeure:

We will not be liable for any failure or delay in performance, including failure or delay in delivery, to the extent caused by events beyond our reasonable control, including without limitation labor disputes or strikes, war, riots, insurrection, civil commotion, fire, flood, earthquake, storms, acts of God, or other causes beyond our reasonable control.

Reservation of Rights; Infringement Policy

The Company’s policy is to respect the copyrights, trademarks, and other intellectual property rights of others. To the fullest extent permitted by applicable law, the Company reserves the right, in its sole discretion, to: (i) immediately suspend or terminate, without prior notice, any User’s Access Rights and/or any other rights under this Agreement if the Company reasonably believes that the User has infringed or is infringing the intellectual property rights of any person or entity; and/or (ii) remove, disable access to, or otherwise restrict any Content or other material that the Company determines, in its sole discretion, may infringe or misappropriate the copyrights, trademarks, or other intellectual property rights of any third party.

Trademarks / Trade Dress

Each User agrees to the following: The Company or its licensors own all right, title, and interest, in the United States and elsewhere, in and to all trademarks, service marks (whether registered or common law), logos, and other trade names, trade dress, and branding elements displayed on or in the Website and/or displayed or embodied in any Goods (collectively, “Trademarks/Trade Dress”).

You may not use any Trademarks/Trade Dress in connection with any product or service that is not owned by the Company, or in any manner that is likely to cause confusion, mistake, or deception among customers, or in any manner that disparages, dilutes, or discredits the Company. All other trademarks not owned by the Company that appear on the Website or in any GatorStrike LLC Goods are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.

Copyrighted Works

All content included on or made available through the Website, or in any other materials associated with any Goods, including without limitation text, graphics, logos, page headers, button icons, scripts, images, audio clips, video, digital downloads, and data compilations, and all copyrights embodied in or arising from the foregoing, is and shall remain the exclusive property of the Company or its licensors and is protected by United States and international copyright laws (collectively, the “Works”).

Company IP Assets

Without limiting the foregoing, you acknowledge and agree that the Company or its licensors are the sole owners worldwide of the Trademarks/Trade Dress, the Works, and all other inventions, patents, logos, images, graphics, photographs, videos, icons, content, features, functionalities, data, processes, techniques, software (including source and object code), website designs, copyrights, works of authorship, and other intellectual property and proprietary rights provided in, made available through, or otherwise contained in or embodied by the Website, the Goods, or otherwise used by the Company in connection with its business (collectively, “Company IP Assets”). The Company IP Assets are protected by copyright, patent, trademark, trade secret, and other intellectual property laws of the United States and other jurisdictions.

No Transfer of Rights

Nothing in this Agreement shall be construed to: (i) grant you any right, title, or interest in or to any Company IP Assets except for the limited Access Right expressly granted under this Agreement and subject to its terms and conditions; or (ii) transfer to you any rights in any Company IP Assets or any other intellectual property rights of the Company.

Confidentiality; Survival

You agree to keep strictly confidential any Company IP Assets that have not been made publicly available by the Company, and you acknowledge and agree that the obligations in this paragraph will survive any cancellation, expiration, or termination of this Agreement for any reason.

PRIVACY

You agree that: (i) if you have any Content, login credentials, or password used in connection with the Website (including without limitation in connection with any GatorStrike LLC Account of a GatorStrike LLC Purchaser), you are solely responsible for maintaining the confidentiality of such information; and (ii) if you have any login credentials or password associated with the Website (including without limitation in connection with any GatorStrike LLC Account of a GatorStrike LLC Purchaser), then you (a) are solely responsible for all use of your credentials, whether or not authorized by you, and (b) will immediately notify the Company of any unauthorized use of your credentials or any other breach of security relating to your Account.

Incorporation

Without limiting any other provision of this Agreement, the GatorStrike LLC Privacy Policy (as defined above) is incorporated into and forms part of this Agreement and shall govern all Users of the Website.

Registration of a GatorStrike LLC Account

You may register for and create an account through the Website (a “GatorStrike LLC Account” or “Account”). If you create an Account, you agree to complete the registration process in accordance with the instructions on the Website and to provide accurate, current, and complete information, including, without limitation, your legal name and email address. You agree to promptly update your Account information as necessary to ensure it remains accurate, current, and complete.

Subscriptions; Automatic Renewal

As part of creating an Account, you may be offered the option to enroll in one or more subscription offerings for Goods. The terms applicable to each subscription (including pricing, renewal period, and cancellation procedures) will be disclosed on the Website prior to purchase and are incorporated into this Agreement by reference.

By enrolling in a subscription, you acknowledge and agree that your subscription may automatically renew for successive renewal terms unless you cancel in accordance with the cancellation procedures disclosed at the time of enrollment or otherwise made available through the Website. Unless you cancel prior to renewal, you authorize the Company to charge the payment method on file for the applicable renewal term and any applicable taxes.

The Company may change subscription terms with advance notice to you and an opportunity to cancel, to the extent required by applicable law.

Closing Your Account

You may voluntarily close your Account at any time by following the account cancellation process available through the Website or by emailing support@GatorStrike.com with a request to terminate your Account. For security purposes, we may require information sufficient to verify your identity and/or authority to close the Account.

Company’s Right to Disable or Close Accounts

The Company may suspend, disable, or terminate any Account, in whole or in part, at any time in its sole discretion, including without limitation upon:

1. (a) your breach of this Agreement, the GatorStrike LLC Privacy Policy, or any other Company policy governing the procurement of Goods;
2. (b) the occurrence of any other event or circumstance described in the GatorStrike LLC Privacy Policy; or
3. (c) the Company’s exercise of any other right to terminate this Agreement.

Any suspension or termination of your Account may result in loss of access to Account features and associated content, subject to applicable law and the Company’s then-current policies.

GENERAL PURCHASING CONDITIONS

1. Purchases

When you make a purchase of any Goods through the Website (each, a “purchase” or “order”), including where you make payment using any third-party payment solution made available through the Website, you agree to provide true, accurate, current, and complete information as required at checkout and during payment processing, including without limitation your full legal name and all required payment information (e.g., cardholder name, payment card number, expiration date, and, where applicable, the card security code).

You represent and warrant to GatorStrike LLC that your use of any payment method submitted in connection with an order is authorized and lawful, and that you have the legal right to use such payment method. The Company reserves the right to cancel, refuse, or place a hold on any order where it reasonably suspects fraud, unauthorized activity, or a violation of this Agreement.

2. Accounts; Account Security

To complete a purchase, you must either: (i) use your GatorStrike LLC Account to place the order; or (ii) provide all information required to complete the order as a guest purchaser without an Account. You are responsible for maintaining the confidentiality of your username, password, and any other authentication credentials.

You agree to notify us immediately at support@GatorStrike.com if you know of or reasonably suspect any unauthorized use of your Account or any breach of security. You are responsible for any loss or damage arising from your failure to safeguard your credentials, except to the extent caused by the Company’s breach of applicable law.

3. Checkout; Third-Party Payment Providers

At checkout, certain order and payment information may be transmitted to the Company’s third-party payment processor(s). If you elect to use a third-party payment method (e.g., Apple Pay), you may be redirected to, or otherwise interact with, the applicable third party and your transaction may be governed by that provider’s terms, conditions, and privacy practices. You are responsible for reviewing and complying with those third-party terms.

4. Promotion Codes

Unless expressly stated otherwise, only one (1) promotion code may be applied per order and promotion codes may not be combined or “stacked.” Promotion codes: (i) may not be applied to prior purchases; (ii) may not be used to purchase physical gift cards or e-gift cards; (iii) are non-transferable; and (iv) have no cash value. Promotion codes must be redeemed by any stated expiration date (if applicable). Any offer for Goods or Services made on the Website is void where prohibited.

5. Personal Discount Codes

If the Company provides you a personalized or individualized discount code, such code is non-transferable, may not be applied to prior purchases, and may not be redeemed for cash. Unless expressly stated otherwise, personalized discount codes may not be combined with other promotions or discounts and may not be used to purchase gift cards (physical or electronic).

7. Accuracy of Information; Product Descriptions

The Company endeavors to display product colors and images as accurately as reasonably possible; however, the display of colors may vary by device and monitor, and the Company does not guarantee that your device’s display will be accurate. Product descriptions, availability, and pricing are subject to change at any time without notice, in the Company’s sole discretion. The Company reserves the right to discontinue any product at any time.

8. Limited Sales; Order Limits

The Company reserves the right, but does not have the obligation, to limit the sale of Goods or Services to any person, household, geographic region, or jurisdiction, on a case-by-case basis. The Company may also limit quantities available for purchase and/or the number of items purchased per order, per Account, or per household.

9. As-Is Statement (Purchasing Context)

Except as expressly stated in this Agreement or required by applicable law, the Company does not warrant that the Goods, Services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the Website or Services will be corrected.

DISCLAIMER OF WARRANTIES

No Warranties

THE COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Website and Content

WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, CONTENT PROVIDERS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE “COMPANY PARTIES”) MAKES ANY WARRANTY OR REPRESENTATION REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR ANY CONTENT OR MATERIALS PROVIDED THROUGH IT.

Jurisdictional Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company Parties from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, losses, judgments, awards, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

1. (a) your access to or use of the Website or Goods;
2. (b) your violation of this Agreement;
3. (c) your violation of any applicable law or regulation; or
4. (d) any Content you submit, post, transmit, or otherwise make available through the Website, including any allegation that such Content infringes, misappropriates, or otherwise violates any right of any third party.

ACCESSIBILITY STATEMENT

GatorStrike LLC (the “Company”) is committed to providing an accessible experience for all users, including individuals with disabilities. We strive to ensure that our Website is designed, developed, and maintained so that it is usable by the widest possible audience, including those with visual, hearing, cognitive, and motor impairments, and so that users can access and use the Website, including to procure Goods, where applicable.

Our Commitment

We are continuously working to improve the accessibility of our Website and digital offerings. We seek to follow recognized accessibility best practices, including principles of universal design, to support flexibility and compatibility with a range of assistive technologies and devices.

Standards and Guidelines

Where practicable, we aim to align our accessibility efforts with the Web Content Accessibility Guidelines (WCAG) 2.0 and to utilize available accessibility testing and development tools to identify and remediate barriers to access.

GIVE US YOUR FEEDBACK

We are committed to providing an accessible service and to continually improving the Website and our customer experience. If you experience any issues or have suggestions for improvement, please contact us. We review feedback on an ongoing basis and may use it to enhance our products, services, and operations.

LINKS TO THIRD-PARTY WEBSITES

The Website may contain links to third-party websites or services that are not owned or controlled by the Company. These links are provided for convenience only. The Company does not control, and is not responsible for, the content, availability, security, or privacy practices of any third-party websites or services.

If you access any third-party website linked from the Website, you do so at your own risk, and your access and use are subject to the third party’s terms and conditions and privacy policies.

DISPUTE RESOLUTION

Governing Law

Except to the extent preempted by applicable federal law, this Agreement, the GatorStrike LLC Privacy Policy, and any other Company policies or agreements incorporated by reference are governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict-of-laws principles.

Informal Resolution

Before initiating arbitration or a court proceeding (where permitted), you agree to first contact us in good faith to attempt to resolve the dispute informally by contacting our customer service team. While most concerns can be addressed quickly, we recognize that some disputes may not be resolved to a customer’s satisfaction.

Agreement to Arbitrate

To the maximum extent permitted by applicable law, you and GatorStrike LLC agree that any and all disputes, claims, or controversies arising out of or relating to this Agreement, the Privacy Policy, the Website, any Goods, or any interaction between you and the Company (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before or after termination of this Agreement) shall be resolved by final and binding arbitration before a neutral arbitrator, rather than in a court of law.

Arbitration is generally more informal than court proceedings and is subject to limited judicial review. The arbitrator may award the same damages and relief that a court could award, and in doing so will apply applicable substantive law. This arbitration provision survives the termination of this Agreement and any other contractual relationship between you and the Company.

Exceptions to Arbitration

Notwithstanding the foregoing, nothing in this Agreement shall be construed to waive, preclude, or otherwise limit the right of either party to:

1. (a) bring an individual action in small claims court (if the claim qualifies);
2. (b) pursue an enforcement action through an applicable federal, state, or local agency where such action is available;
3. (c) seek injunctive or equitable relief in a court of competent jurisdiction; or
4. (d) file suit in court to address a claim of intellectual property infringement.

Arbitration Process

If you wish to assert a claim against GatorStrike LLC and elect to seek arbitration, you must first send GatorStrike LLC, by certified mail, a written notice of your claim (a “Notice”). Your Notice must be addressed to:

If GatorStrike LLC elects to assert a claim against you in arbitration, the Company will send its Notice, by certified mail, to the most recent address the Company has on file for you or otherwise in its records.

Required Contents of Notice

Any Notice (whether sent by you or by the Company) must:

1. (a) describe the nature and basis of the claim or dispute; and
2. (b) set forth the specific relief sought (the “Demand”).

30-Day Informal Resolution Period

If the parties do not reach a written agreement to resolve the claim within thirty (30) days after the Notice is received, either you or GatorStrike LLC may commence an arbitration proceeding (or, where permitted, file an individual claim in small claims court).

During arbitration, the amount of any settlement offer made by either party may not be disclosed to the arbitrator until after the arbitrator issues a final decision and award (if any), except as may be required by applicable law.

Arbitration Administration; Rules; Initiation Materials

You may obtain a form Notice and initiation materials from Fifelski Legal, PLC (including via its website) and may request additional information by contacting Fifelski Legal, PLC at 734-726-0225, or by writing to the Company at the Notice Address.

The arbitration will be administered in accordance with the applicable arbitration rules and procedures designated by the Company and/or the administering authority, as modified by these Terms of Use. The arbitrator will be bound by and shall apply the terms of this Agreement.

Authority of Arbitrator

The arbitrator has the exclusive authority to resolve all disputes relating to the interpretation, applicability, enforceability, or formation of this arbitration provision, including any claim that all or part of this arbitration provision is void or voidable, except to the extent such determination is reserved to a court under applicable law.

Location; Decision; Fees

Any arbitration hearing will take place at a location to be mutually agreed upon in Wexford County, Michigan, unless the parties agree otherwise or unless applicable law requires a different location.

The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Except as otherwise required by applicable law or expressly provided in this Agreement, each party shall bear its own costs and attorneys’ fees.

If No Class Actions Provision Is Invalid

If this No Class Actions provision is found to be invalid or unenforceable, then:

1. (a) the entirety of the arbitration agreement shall be null and void, but the remaining provisions of these Terms of Use and Service shall remain in full force and effect; and
2. (b) to the extent permitted by applicable law, exclusive jurisdiction and venue for any claim shall lie in the state or federal courts located in Wexford County, Michigan.

TERMINATION OF THIS AGREEMENT

We may terminate this Agreement, and/or terminate or suspend your access to the Website (or any portion, feature, or functionality thereof), at any time, for any reason or no reason, in our sole discretion, with or without notice, to the extent permitted by applicable law. Without limiting the foregoing, termination or suspension may include closing or deleting your GatorStrike LLC Account (if any) and removing or disabling access to content or information you have posted or maintained through your Account, which may result in the forfeiture and destruction of information associated with your activities on the Website.

No Liability for Termination

To the maximum extent permitted by applicable law, the Company will not be liable to you or any third party for any termination or suspension of your access to the Website or for any resulting loss of data or content.

MISCELLANEOUS PROVISIONS

Entire Agreement; Waiver; Severability

This Agreement constitutes the entire agreement between the Company and each User regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, or communications, whether written or oral, relating to such subject matter. The Company’s failure to enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and the invalid, illegal, or unenforceable provision will be enforced to the maximum extent permitted by applicable law consistent with the parties’ intent.

Attorneys’ Fees

If any action, suit, or proceeding is brought by either party to enforce this Agreement or otherwise relating to the subject matter of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs incurred in connection with such action, suit, or proceeding, including any appeal, as permitted by applicable law and subject to any limitations imposed by a court of competent jurisdiction.

Binding Effect; Assignment

This Agreement is binding upon and inures to the benefit of each party and its respective successors and permitted assigns. You may not assign, transfer, or delegate this Agreement, in whole or in part, by operation of law or otherwise, without the Company’s prior written consent, which may be granted or withheld in the Company’s sole discretion. Any attempted assignment in violation of this Section is null and void.

The Company may assign this Agreement, in whole or in part, at any time, with or without notice, in its sole discretion, including in connection with a merger, acquisition, reorganization, sale of assets, or other corporate transaction. Subject to the foregoing, all covenants and agreements herein shall inure to the benefit of and be enforceable by the parties’ respective successors and permitted assigns.