Terms & Conditions
Last Updated: August 15, 2022
You understand that the terms of these TOU may change without notice and that you accept any such modifications with your continued use of the Site or Site services. Any such revision or change will be binding upon you after ten (10) days of posting of the updated TOU on the Site, or e-mail or other written notification to you, whichever comes first. If you disagree with any modification to the TOU, you must notify 48 Barriers in writing within the ten day (10) time period described above and immediately discontinue use of the Site.
Adult Usage Only
This Site is intended for those who are of the age of majority and able to legally enter binding contracts without any right of rescission. Accordingly, in using the Site, you represent, warrant, and agree that you are at least eighteen (18) years or older.
Accuracy of Information Provided by You
You agree that all information you provide through the Site or otherwise to 48 Barriers is true, current, complete and accurate. You also agree that you will update your information as needed to keep it true, current, complete and accurate. You hereby agree to immediately notify us of a change in any information you provided us by contacting us by phone at 417-670-1190, or by mail at 3859 S Cox Rd, Springfield, MO 65807. Failure to provide such updated information will constitute a material breach of the terms of these TOU.
Code of Conduct
You agree that your use of Site services is only for lawful purposes and is consistent with the terms, conditions, and policies set forth in these TOU. You agree to not use the Site services or anything related to the Site services or any other services offered by 48 Barriers for any unlawful or otherwise prohibited means, including but not limited to employment discrimination, harassment, unlawful images or adult content. Additional prohibited actions with respect to use of the Site and any Site services include:
1. Use the Site in any manner that could damage, disable, overburden, or impair any Site servers, or the network(s) connected to any Site server, or interfere with any other party’s use and enjoyment of the Site;
2. Attempt to gain unauthorized access to the Site, computer systems, or networks connected to any Site server or to any of the websites linked to the Site through hacking or any other means;
3. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
4. Use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site;
5. Use any metatags or any other “hidden text” utilizing any part of the Site or 48 Barriers’ name, service or trademarks or trade dress without the express written consent of 48 Barriers;
6. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
7. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
8. Upload, or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
9. Use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
10. Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property;
11. Harvest or otherwise collect information about others, including but not limited to e-mail addresses;
12. Use the Site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
13. Direct traffic, post links, advertise, or engage in any similar conduct related to other websites, companies, competitors, or services;
14. Use the Site, or any Site services or tools if you are not able to form legally binding contracts;
15. Any attempt to copy or mirror the information, data, content, or coding from the site without first obtaining express written permission from the Site administrator;
16. Reproduce, duplicate, copy, sell, or otherwise exploit any content on the Site;
17. Any attempt to reverse engineer or reconstruct any portion of the Site;
18. Failure to abide by, or breach of, any other policies applicable to the Site;
19. Engage in any acts or omissions that 48 Barriers believes is hateful, offensive, illegal, unprofessional, or otherwise inappropriate.
You agree to fully comply with any applicable laws and regulations. You further agree to cooperate in any governmental investigation regarding your use of the Site and Site services. You further agree to that to the extent you are using the Site for the purposes related to 48 Barriers you will adhere to all applicable State and Federal laws and regulations.
We reserve the right to cancel or terminate your use of Site if, in our sole discretion, you breach, or we reasonably believe you have breached these TOU or any other obligation to 48 Barriers. Without limiting the forgoing, you agree that all of the following may be considered a material breach of your obligations under these TOU: (i) your failure to abide by any provision of these TOU; (ii) your failure to pay any amounts due to 48 Barriers; (iii) your communication of inaccurate information to us, including your failure to promptly update your information; or (iv) your violation of any code of conduct adopted by 48 Barriers.
If any of the foregoing events occurs and we deem it a material breach by you of these TOU, we may provide you with a written notice describing the breach; however, you recognize, understand, and agree that 48 Barriers is not obligated to send any such notice of default and may immediately suspend or terminate your access to the Site without notice. In the event a written notice of breach is provided to you, you shall have no longer than ten (10) calendar days to cure such breach.
Use of Name
If you are a customer using the Site or any Site services, you consent to 48 Barriers using your name and business name in advertising and promotional materials related to Site.
You agree that you are of legal age and authority to enter into and be bound by the terms of these TOU. Similarly, to the extent you are providing any information regarding a third party, you represent and warrant that you have the authority to provide such information from or about the third party through the Site or otherwise to 48 Barriers.
Maintenance/Site Down Time
48 Barriers reserves the right to perform maintenance on the Site and Site services whenever it deems reasonably necessary. Maintenance is generally scheduled for off-peak hours, such as weekends and evenings. 48 Barriers will attempt to communicate any expected prolonged system outage to Site users in advance of such outage. 48 Barriers is not liable for any unforeseen or unexpected system outage due to unavailability of utilities or supplies, acts of god, natural disaster, labor strike or shortage, or any other condition that is reasonably outside of 48 Barriers’ control.
Intellectual Property Rights
You agree that 48 Barriers holds all right, title and interest to all services, its websites and information and technology used to provide the Site and Site services. You acknowledge that no title or interest in such intellectual property rights is being, or has been, transferred to you. You further agree to make no claim of interest in any such intellectual property or use any of 48 Barriers’ intellectual property rights without the express written permission from 48 Barriers. All content including but not limited to text, graphics, logos, button icons, images, audio clips, downloads, data compilations, and software included on the Site is the property of 48 Barriers or its licensors and is protected by United States and international copyright laws. You also grant 48 Barriers a non-exclusive, perpetual, royalty-free license to use, reference, modify, adapt, public, sublicense, post, identify, or otherwise utilize your intellectual property rights that you submit through the Site or otherwise provide to 48 Barriers. 48 Barriers has the right but not the obligation to monitor and edit or remove your content. Notwithstanding the forgoing, 48 Barriers takes no responsibility and assumes no liability for any content posted by you or any third party to the Site or otherwise provided by you to us.
Disclaimer of Warranties
48 BARRIERS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE AND ALL SITE SERVICES AND ANY RELATED SOFTWARE OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS OTHERWISE PROVIDED IN WRITING AND SIGNED BY AN AUTHORIZED AGENT OF 48 BARRIERS, 48 BARRIERS DOES NOT WARRANT THAT SITE OR THE SITE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR ANY SITE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. 48 BARRIERS DOES NOT WARRANT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SITE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, OR THE QUALITY OR COMPLETENESS OF ANY SERVICES PROVIDED THROUGH THE SITE OR ITS USERS. EXCEPT AS OTHERWISE EXPLICITLY WRITTEN IN A DOCUMENT SIGNED BY AN AUTHORIZED AGENT OF 48 BARRIERS, 48 BARRIERS PROVIDES NO WARRANTY REGARDING THE GOODS OR SERVICES PURCHASED OR OBTAINED FROM THE SITE OR ANY THIRD PARTY ASSOCIATED OR AFFILIATED WITH 48 BARRIERS. 48 BARRIERS DOES NOT WARRANT OR GUARANTEE ANY OF THE SITE’S USERS’ COMPLIANCE WITH LAW. 48 BARRIERS IS NOT RESPONSIBLE FOR THIRD PARTIES’ UNLAWFUL ACTIVITIES REGARDLESS OF WHETHER THE SITE OR THE SITE SERVICES ARE INVOLVED.
Assumption of Risk
The Site is intended for informational purposes only. When you access the Site, use Site services, download on the Site, proceed to other websites linked to the Site, or interact with the Site in any manner, you do so at your own discretion and risk. In other words, you are solely responsible for any damage done to your computer, electronic device, or other property, including but not limited to the loss of money through investments or corruption of data.
Third Party Intellectual Property Rights
Various goods on the Site may be branded materials or otherwise contain intellectual property rights owned by third parties. The ownership of all such third-party intellectual property rights, including but not necessarily limited to copyrights and trademarks, are owned by their respective owners, and neither you nor 48 Barriers shall acquire any ownership or other interest in such third parties’ intellectual property rights, except as may be dictated by applicable law.
As a user of the Site, you agree to release, indemnify, defend and hold harmless 48 Barriers and all of its agents, affiliates, subsidiaries, licensors, and assigns from any and all claims, actions, proceedings or demands and all liabilities, claims, damages, losses, costs and expenses, including reasonable attorneys’ fees and expenses, made by any third party or relating to or arising under or from your violations of these TOU, your submissions of content to us or the Site, the services provided through the Site, or otherwise by 48 Barriers to you, your use of any services of the Site or provided by 48 Barriers or your alleged violation of any rights of another. This indemnification provision shall not affect nor impair any person’s right to lawfully pursue claims against other users of this Site for their alleged violations of the law. Further, if 48 Barriers receives a subpoena based on your use of the Site or the Site services, you hereby agree to and promise to indemnify 48 Barriers for all costs and expenses, including responsible attorneys’ fees incurred related to responding to the subpoena. This indemnification obligation is in addition to any other rights or remedies 48 Barriers may have in law or equity.
You agree that 48 Barriers shall have the right to participate in the defense of any claim asserted against 48 Barriers’ or involving the Site. You also agree that 48 Barriers shall be entitled to retain a counsel of 48 Barriers’ own choosing at your cost. You further agree to notify 48 Barriers of your knowledge of any claim against 48 Barriers or involving the Site. You agree to cooperate fully with 48 Barriers during such proceedings.
Right to Refuse Service
48 Barriers, in our sole discretion and without any liability to us, reserves the right to refuse service to any person or entity through the Site or otherwise.
Consent and Survival of Agreement
Reports of Abuse
If you have any reason to believe that content on the Site violates any law, that any user of the Site is using Site services to violate the law, or that any user is violating these TOU, you may inform 48 Barriers in writing about the facts and circumstances of the alleged abuse/violations by writing to the address provided below. 48 Barriers may, but is not obligated, to conduct an investigation into the allegations.
Retention of Records
You agree to comply with all applicable governmental laws, ordinances, rules, and regulations related to the retention of records. Under no circumstances will 48 Barriers be liable to you for your failure to retain necessary records, nor will 48 Barriers’ retention or non-retention of records act to alleviate your duty under the law.
Termination of Services
You acknowledge and agree that we may terminate or block your use of the Site or any Site services without prior notice for any reason, including, without limitation, if we believe you have engaged in conduct prohibited by these TOU. You agree that upon such termination or discontinuance for any reason, 48 Barriers may delete all information related to you on or within the Site and may bar your access to and use of the Site.
Notices and Communication
If applicable law requires your or our compliance with other terms and conditions outside these TOU, then such terms and conditions shall also apply and to the extent they conflict with any terms of these TOU, such terms and conditions required by applicable law shall control. Further, if there are other agreements between you and 48 Barriers, then the terms of the other agreements shall apply to those transaction and these TOU will apply to your use and interaction with the Site.
Prior to any litigation (and except for injunctive relief), you agree to engage in mandatory mediation with us, using a mediator that is mutually agreeable (or if no agreement can be obtained, the mediator shall be provided by the National Arbitration Forum). The mediation shall take place within ninety (90) days after the party notifies the other party of a claim. The parties will share the cost of mediation. If the parties are unable to resolve the dispute after at least one half-day mediation, either party may pursue their other remedies.
Exclusive Remedy and Damages Cap
Time Limitations For Action
Waiver of Jury Trial
Waiver of Class Action
EACH OF THE PARTIES HERETO WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, AND INSTEAD, AGREES THAT ANY AND ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS USING THE DISPUTE RESOLUTION PROVISIONS IN THESE TOU.
Prior Action Before Formal Claim
You agree that as a material provision of these TOU that you will provide us with a detailed written notice of any claimed deficiencies and at least thirty (30) days to cure such alleged deficiency in our service prior to bringing any formal legal claim against us. You further agree that this provision is reasonable and helps aid us in providing high quality services and complying with applicable law. Should you violate this provision and fail to give us such notice, it shall constitute a material breach of these TOU and entitle us to all of our attorneys’ fees, court costs, and any related expenses associated with enforcing our right to the thirty (30) day cure period. This provision specifically applies to any and all claims under local, state or federal law, and specifically includes claims related to the American with Disabilities Act.
No Third Party Beneficiaries
Except as otherwise expressly provided herein, nothing in these TOU is intended to confer upon any third party any rights, remedies, obligations, or liabilities.
Restriction of Assignment
Successors and Assigns
Except as otherwise expressly provided herein, these TOU shall bind and inure to the benefit of the successors, assigns, heirs, executors and administrators of the parties hereto.
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of these TOU shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No failure or delay by 48 Barriers in exercising any right, power or privilege hereunder shall operate as a waiver. Similarly, 48 Barriers’ election to not assert its rights under these TOU shall not preclude 48 Barriers from asserting its rights in the future.
Severability of Terms
If 48 Barriers prevails in any action, suit, or proceeding arising from or based upon these TOU, 48 Barriers shall be entitled to recover its reasonable attorneys’ fees in connection therewith in addition to court costs and other fees and disbursement incurred in such action, suit, or proceeding.
The headings in these TOU are for convenience only. The heading of any section shall not affect the interpretation of any provision of the rights or obligations of the parties.
California Residents Only
In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Multi Distributing LLC d/b/a 48 Barriers
3859 S Cox Rd
Springfield, MO 65807