Terms and Conditions
I. By using the Citizenprime Services you agree to these conditions. Please read them carefully.
We offer a wide range of services, and sometimes additional terms may apply. When you use any of Citizenprime Services you will also be subject to any guidelines, terms and agreement applicable to that service (“Service Terms). If these Terms and Conditions are inconsistent with the Citizenprime Service Terms, those Service Terms will control. All users of Citizenprime Services agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in Citizenprime Services, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Citizenprime, LLC. The collective work includes works that are licensed to Citizenprime, LLC. Copyright 2003, Citizenprime, LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Citizenprime, LLC or purchasing Citizenprime, LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Citizenprime, LLC or to purchase Citizenprime, LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless expressly authorized by Citizenprime, LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Citizenprime, LLC used in Citizenprime Services are trademarks or registered trademarks of Citizenprime, LLC. Citizenprime, LLC’s trademarks and trade dress may not be used in connection with any product or service that is not Citizen Prime, LLC’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Citizenprime, LLC. All other trademarks not owned by Citizenprime, LLC that appear in any of Citizenprime Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Citizenprime, LLC.
IV. Your Account
You may need your own account to use certain Citizenprime Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Citizenprime, LLC reserves the right to refuse service, terminate accounts, terminate your rights to use Citizenprime Services, remove or edit content, or cancel orders in its sole discretion.
VI. Electronic Communications
When you use Citizenprime Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Citizenprime Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
VII. Warranty Disclaimer
THE CITIZENPRIME SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CITIZENPRIME SERVICES ARE PROVIDED BY CITIZENPRIME, LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CITIZEN PRIME, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE CITIZENPRIME SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CITIZENPRIME SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CITIZENPRIME SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, CITIZENPRIME, LLC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CITIZENPRIME, LLC DOES NOT WARRANT OR REPRESENT THAT THE FUNCTION CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT CITIZENPRIME SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CITIZENPRIME SERVICES, CITIZENPRIME, LLC’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM CITIZENPRIME, LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CITIZENPRIME, LLC DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR TOHERWISE. TO THE FULL EXTENT PERMISSIBLE BY LAW, CITIZENPRIME, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY CITIZENPRIME SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY CITIZENPRIME SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING
VIII. Risk of Loss
All purchases of physical items from Citizenprime, LLC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
IX. Limitation of Liability
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE CITIZENPRIME SERVICES IS TO STOP USING THE CITIZENPRIME SERVICES.
IN NO EVENT WILL CITIZENPRIME, LLC, ITS OFFICERS, MEMBERS, MANAGERS, AGENTS, DIRECTORS, SUBIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABILE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE CITIZENPRIME SERVICES, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER CITIZENPRIME, LLC HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING THE CITIZENPRIME SERVICES MORE THAN THE AMOUNT OF $10,000.00
YOU AGREE THAT ANY CLAIM AGAINST CITIZENPRIME, LLC MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION OR FILING AN INDIVIDUAL ACTION UNDER THE “DISPUTES” SECTION BELOW WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT OMISSION OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOED.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
X. Governing Law.
Your use of this Citizenprime Services shall be governed in all respects by the laws of the state of Illinois, U.S.A., without regard tochoice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to Citizenprime Services (including but not limited to the purchase of Citizenprime, LLC products) shall be in in the Cook County, Illinois. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Citizenprime, LLC products) must be commenced within one (1) year after the claim or cause of action arises. Citizenprime, LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Citizenprime, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
a. Arbitration Agreement
You and Citizenprime, LLC agree that any dispute, claim or controversy between you and Citizenprime, LLC arising in connection with or relating in any way to your use of any Citizenprime Services, or to any products or services sold or disturbed by Citizenprime, LLC, or through Firepenny.com (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) will be determined by mandatory binding individual (not class) arbitration. You and Citizenprime, LLC further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone by the parties to the arbitration.
Notwithstanding the foregoing, each party shall have the right to bring an action in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative and non-class basis.
b. Arbitration Rules
Either you or we may start arbitration proceedings. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Any arbitration hearings will take place in Cook County, IL,
c. Notice; Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Citizenprime, LLC’s address for Notice is: 8940 W. 192nd St, STE I, Mokena, Illinois 60448. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Citizenprime, LLC may commence an arbitration proceeding. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
XII. Product Descriptions
Citizenprime, LLC attempts to be as accurate as possible. However, Citizenprime, LLC does not warrant that product descriptions or other content of any Citizenprime Service is accurate, complete, reliable, current, or error-free. If a product offered by Citizenprime, LLC itself is not as described, your sole remedy is to return it in unused condition.
XIII. Typographical Errors
In the event that a Citizenprime, LLC product is mistakenly listed at an incorrect price, Citizenprime, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Citizenprime, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Citizenprime, LLC shall issue a credit to your credit card account in the amount of the incorrect price.
XIV. License and Access
Subject to your compliance with these Terms and Conditions and any Service Terms, and your payment of any applicable fees, Citizenprime, LLC or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Citizenprime Services. This license does not include any resale or commercial use of any Citizenprime Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Citizenprime Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms and Conditions or any Service Terms are reserved and retained by Citizenprime, LLC or its licensors, suppliers, publishers, rightsholders, or other content providers. No Citizenprime Services, nor any part of any Citizenprime Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Citizenprime, LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Citizenprime, LLC without express written consent. You may not use any meta tags or any other "hidden text" utilizing Citizenprime, LLC’s name or trademarks without the express written consent of Citizenprime, LLC. You may not misuse the Citizenprime Services. You may use the Citizenprime Services only as permitted by law. The licenses granted by Citizenprime, LLC terminate if you do not comply with these Terms and Conditions or any Service Terms.
XV. Term; Termination
These Terms and Conditions are applicable to you upon your accessing the site and/or using any of Citizenprime Services. These terms and conditions, or any part of them, may be terminated by Citizenprime, LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Governing law, shall survive any termination.
Citizenprime, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Citizenprime, LLC.
XVII. Finance Charge
When purchasing on credit terms, Citizenprime, LLC reserves the right to apply finance charges to delinquent accounts. Invoices not paid within 30 days from date of shipment are subject to a 1.5% monthly finance charge (18% APR). Any other credit considerations and/or terms must be received in writing from an authorized agent of Citizenprime, LLC and if not specified will revert to the standard finance charges previously listed.
XVIII. Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Citizenprime, LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
XIX. Participation Disclaimer
Citizenprime, LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Citizenprime, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Citizenprime, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Citizenprime, LLC in its sole discretion.
You agree to indemnify, defend, and hold harmless Citizenprime, LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
XXI. Third-Party Links
In an attempt to provide increased value to our visitors, we may provide link to sites operated by third parties. However, even if the third party is affiliated with Citizenprime, LLC, Citizenprime, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Citizenprime Services. These linked sites are only for your convenience and therefore you access them at your own risk. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Citizenprime, LLC. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Citizenprime, LLC does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Nonetheless, Citizenprime, LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
XXII. Sanctions and Export Policy
You may not use any Citizenprime Services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Citizenprime Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.
XXIII. Modification and Severability
We reserve the right to make changes to our site, policies, Service Terms, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.