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Terms Of Use

Last Updated/Effective Date: November 5, 2025

These Terms and Conditions (the “Terms”) govern your use of this website, our mobile applications or
website, and any other linked and related pages (collectively, the “Sites”), as well as the offer and sale of
products available for purchase on the Sites (“Product”) by Preferred Industries (“Preferred,” “we,” “us,”
or “our”).

BY ACCESSING OR USING THE SITE, YOU (“YOU”) AGREE THAT YOU HAVE READ AND
UNDERSTAND THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT
ACCESS OR USE THE SITE.

We may modify these Terms at any time. All changes will be effective immediately upon posting to the
Site. Material changes will be conspicuously posted on the Site or otherwise communicated to you. By
using the Site after changes are posted, you agree to those changes.

1. Use of the Site.The Sites are only for the personal use of individuals 18 years of age or older
who reside in the United States. By accessing the Sites, you agree that you will:

  • Provide accurate, current, and complete information about you as may be prompted by any forms for the Sites (“Personal Information”).
  • Keep any password or other account information which permits access to the Sites or any part of the Sites strictly confidential and shall not divulge it to any third party.
  • Not use the Sites for any unauthorized use including, but not limited to, unauthorized entry, misuse of passwords or misuse of any other information.
  • Not delete or alter, in part or in whole, any copyright, trademark, audio, images, software, text, artwork, video clips or any other materials (the “Content”) from any part of the Sites.
  • Not copy, perform, publish, transfer, create derivate works from distribute, exchange, modify, sell, transmit or otherwise commercially exploit or use any Content from the Site, for any purpose other than personal use, including but not limited to any business, commercial, or public purpose.
  • Only access the Sites and their Content for your own internal non-commercial use only.
  • Not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s access to or use of the Sites.
  • Not attempt to gain unauthorized access to the Sites, computer systems or networks connected to the Sites, through hacking, password mining or any other means.
  • Not use the Sites or networks connected to them to commit or encourage a criminal offense, to insert, transmit or distribute viruses or corrupt data, whether to the Sites or otherwise, or to send any unsolicited advertisement or other promotional material or “spam”.
  • Not engage in any activities related to the Sites that are contrary to applicable laws, rules or regulations.
  • Not use the Sites for any purpose that is unlawful or prohibited by these Terms.
  • As long as you comply with these Terms, Preferred grants you a non-exclusive, non-transferable, limited right to enter, display, and use the Sites and Services (defined below). You agree not to interrupt or attempt to interrupt the operation of the Sites or any Services offered through the Sites in any way. Notwithstanding anything to the contrary, Preferred reserves the right, without notice and in its sole discretion, to cancel or restrict your access to and use of any portion of or the entirety of the Site or Services offered through the Sites. You understand and agree that we may do so without any liability whatsoever.

2. Content of the Site.

  • We may, from time to time, make newsletters, messaging services, chat services, bulletin boards, message boards, blogs, other forums, new product updates and other such services available on or through the Sites (the “Services”). In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Sites or any of the Services, any materials which: Restrict or inhibit any other user from using and enjoying the Sites or the Services;
  • Are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, sexually explicit or indecent or otherwise offensive to human decency;
  • Constitute or contain false or misleading indications of identity, origin, endorsement or statements of fact.

3. Creating an Account. In order to make Your Product available through the Sites and receive Your Payment, you must create an account (“Account”).

  • When creating an Account, Preferred may ask you to provide certain personal information, create a username and password for the Account, and provide other information, including information pertaining to Your Likeness and Content.
  • By using the Sites and creating an Account, you agree to (a) only provide accurate, current, and complete information; (b) maintain and update the information you provide to Preferred, as necessary; (c) maintain the security of your login credentials to your Account and accept all risks of unauthorized access to your Account; and (d) immediately notify Preferred if you discover or otherwise suspect any security breaches related to your Account or the Sites. You acknowledge and agree that Preferred is not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your Account.

Ownership. The Site contains Content owned by or licensed to Preferred (“Preferred Content”). Preferred owns and retains all rights in the Preferred Content, including all intellectual property rights. Preferred hereby grants you a limited, revocable, non-sublicensable license to reproduce and display Preferred Content (excluding any software code) solely for your personal, non-commercial use to view the Sites and otherwise as necessary to use the Services. Except as expressly permitted by these Terms, you shall not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit, in whole or in part, Preferred Content. You shall not remove any copyright or trademark notices or other notices that accompany it. Except as set forth above, nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any trade secret, patent, trademark, copyright or other intellectual property right of Preferred or any third party. All licenses not expressly granted by Preferred are reserved. You acquire only the right to use and access the Services, Preferred Content and Sites pursuant to these Terms, and you do not acquire any ownership rights or title in or to the Services, Preferred Content or the Sites. Preferred product and service names, are trademarks or service marks of Preferred or its affiliates (collectively, the “Marks”). All copyright-protected graphic images including, but not limited to, photographs and other visual depictions of Preferred Products (“Images”) are owned by Preferred or its affiliates. Except as otherwise permitted in these Terms, no right or license to use the Marks or Images is granted under this Agreement. You have no rights, title, or interest in or to the Marks or the Images and you shall not adopt, use, or attempt to register any of the Marks or Images.

5. Terms of Sale. The following section applies to the purchase of any Preferred Products from the Sites.

Descriptions of Products and Services

  • We strive to provide complete, accurate and up-to-date descriptions and visual representations of all Products displayed on the Sites. We make no representation or warranty whatsoever as to the reliability, accuracy, timeliness, usefulness or completeness of any information or graphic images on the Site or available through the Services. The Sites may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and product information. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and to change or update information at any time without prior notice.
  • There may be some variations between the color of Products as shown on our Sites and the actual color of the Product. This is because computer monitors display colors differently and everyone may see colors differently. We strive to ensure our photos are as life-like as possible, but please understand the actual color of the Product may vary slightly from your monitor. We cannot guarantee that the color you see accurately portrays the true color of the Product.

Availability of Products and Service

  • Our Products offered on the Sites may not be available or accessible in your particular state or locality. We make no representation or warranty that any specific Product will be available at any time in your particular location.
  • Furthermore, Preferred reserves the right to alter, modify, add or discontinue completely any of the Products or Services, temporarily or permanently, at any time, in its sole discretion, without notice and without liability.

Your Representations to Us

  • The products offered for sale and sold through the Sites are intended for your personal use only and not for resale. By placing an order through the Sites, you warrant that you are purchasing the Product(s) only for personal use. We, in our sole discretion, reserve the right to refuse to fill any orders which we believe are intended for resale
  • to refuse to fill any orders which we believe are intended for resale.

Purchases

  • Subject to availability, orders can be placed online directly through our Sites. Although we make every effort to keep sufficient stock of items listed on our Sites, occasionally we do sell out of certain styles. If an item that you ordered is out of stock, we will notify you via e-mail.

Pricing and Payment

  • Prices displayed on the Sites are quoted in U.S. dollars and are exclusive of sales tax. Sales tax may be automatically calculated and added to your order during checkout based on the state the ordered Products are being shipped to.
  • You agree that the risk of loss or damage to products you order passes to you on shipment of the Products, provided that we have received payment in full for the Products. However, if there is an issue with receipt of a Product from a shipping carrier, we will use best efforts to address the situation.
  • We will provide the conditions of use relating to any discount or promotion code at the time of issue. Despite our best efforts, there may be cases where items on the site may be mispriced or coupon discounts may be applied incorrectly. If an item’s correct price is higher than our stated price or a coupon error occurs, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Order Processing and Delivery

  • Orders will be processed and delivered Monday through Friday, excluding holidays. Order processing time begins [1] business hours after an order has been submitted. All orders are subject to review, and Preferred reserves the right to request additional identification, billing and shipping information. The billing information provided must be able to be verified and must match what your bank has on file. If the info you entered does not match what your card issuer was attempting to verify, it might create a pre-authorization on your card. When you place an order on our website, we will only charge your payment method once we have verified your payment details, received authorization, confirmed stock availability, and your order is ready to be shipped.
  • All orders will be calculated with applicable shipping fees.  Some orders that meet stated thresholds will have free shipping. Preferred assumes no responsibility after a package has been confirmed as delivered by the applicable shipping carrier. Once you have received your order, if you are not completely satisfied or if there is a discrepancy with your order, please retain all documentation and packaging and contact us immediately by sending an email to info@preferred-industries.com

6. Right to Modify. We reserve the right to add to, change, remove or otherwise modify any part of these Terms at any time, without notice. Any changes to these Terms will be effective immediately upon posting of the updated Terms to this webpage. Continuing to use the Sites after any changes are posted constitutes your acceptance of and agreement to be bound by any changes. Furthermore, Preferred may add, change, discontinue, remove, modify or suspend any other Content, Services, or Products posted on the Sites, temporarily or permanently, at any time, without notice and without liability.

7. Disclaimer of Warranties and Damages.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITES, SERVICES, AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PREFERRED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. FURTHERMORE, PREFERRED DOES NOT WARRANT THAT THE SITES, SERVICES, CONTENT AND PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, BE ACCURATE OR COMPLETE, THAT THE USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, ERROR FREE OR SECURE, THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SITE, SERVICES, OR CONTENT WILL BE CORRECTED, OR THAT THE SITE, SERVICES OR CONTENT WILL BE VIRUS FREE.

8. Limitation of Liability.

TO THE FULLEST EXTENT UNDER APPLICABLE LAW, PREFERRED’S TOTAL LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER OR RELATED TO THESE TERMS AND THE SERVICES PROVIDED IS LIMITED TO DIRECT MONEY DAMAGES NOT EXCEEDING ONE HUNDRED ($100) US DOLLARS. THE EXISTENCE OF MULTIPLE CLAIMS DOES NOT ENLARGE THE LIMIT. IN NO EVENT WILL PREFERRED, ITS AGENTS OR SERVICE PROVIDERS, BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES THAT RESULT FROM (I)THE USE OR MISUSE OF THE SITES, SERVICES OR PRODUCTS; (II) THE INABILITY TO USE THE SITES OR SERVICES; OR (III) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF, THE SITES OR SERVICES, WHETHER SUCH CLAIM ARISES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF PREFERRED HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. General Provisions. These Terms and any additional terms posted on the Sites together constitute the entire agreement between Preferred and you with respect to your use of the Sites and the Services as well as your purchase of our Products. Our failure to insist upon or enforce strict performance of any provision of these Terms 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 provision of these Terms. Preferred may assign its rights and duties under these Terms to any party at any time without notice to you.

The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Tennessee without giving effect to any principles that provide for the application of the law of another jurisdiction.

10. Dispute Resolution. Any dispute that you may have with us regarding the Sites or the Products will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Nashville, Tennessee. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

You agree that any arbitration shall be limited to the dispute between you and us individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

If for any reason, a dispute proceeds in court rather than arbitration, it shall be commenced or prosecuted in the state and federal courts located in Tennessee and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms. To the extent permitted by law, in no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose.

11. Privacy And Security. Data collection and use, including the collection and use of personal information, is governed by our Privacy Notice. You shall be solely responsible for the security, confidentiality and integrity of all information that you receive, transmit through or store on the Services.  You understand that we cannot and do not guarantee or warrant that file available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. No data transmission over the Internet can be guaranteed to be 100% safe. Thus, we cannot warrant that your information will be absolutely secure. You shall be solely responsible for any authorized or unauthorized access and use of your account by any person.  You have the affirmative responsibility to monitor and control access to your account information.

12. Contact Us. Please report any violations of the Terms, including objectionable User Submissions or behavior, to info@preferred-industries.com