Terms & Conditions

Creation Date: May 24, 2025 Last Updated: May 24, 2025

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Welcome to American Ironclad! These Terms and Conditions ("Terms," "Terms and Conditions") govern your use of the website www.americanironclad.net (the "Website"), including our blog "Ironclad Insights," the "Ironclad Tool Box," and all related services and products (collectively, the "Services") offered by American Ironclad LLC, a Kansas limited liability company, also doing business as American Ironclad ("Company," "we," "us," or "our").

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Please read these Terms and Conditions carefully before accessing or using our Website or Services.

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1. Acceptance of Terms By accessing or using our Website or any part of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and our Privacy Policy (which is incorporated herein by reference). If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any Services. These Terms apply to all visitors, users, and others who access or use the Service.

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2. Description of Services and Products American Ironclad LLC provides a range of IT and cybersecurity solutions, including but not limited to: Secure Tech Consulting, Data Recovery Services, Secure Data Destruction Services, General IT Support, the "Ironclad Tool Box" (a suite of free, client-side utility tools), information and articles via our "Ironclad Insights" blog, and the sale of products such as Encrypted Storage Drives. The specific scope, fees, and deliverables for professional services will typically be outlined in a separate service agreement, proposal, or statement of work ("Service Agreement") which will supplement these Terms.

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3. User Accounts Certain features of our Website or Services may require you to create an account.

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• Product Purchases: You may have the option to create an account to save payment information, name, address, and contact details for future purchases of products like Encrypted Storage Drives, or you may checkout as a guest where available.

• Blog ("Ironclad Insights"): You must create an account to post comments or other user-generated content on our blog.

• Account Responsibilities: If you create an account with us, you agree to:

  • Provide accurate, current, and complete information during the registration process and update such information to keep it accurate, current, and complete.

  • Maintain the confidentiality and security of your account password and any other credentials used to access your account.

  • Accept full responsibility for all activities that occur under your account, whether or not authorized by you.

  • Notify us immediately of any suspected or actual unauthorized use of your account or any other breach of security. We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading, or if you breach these Terms.

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4. Permitted Use and Prohibited Conduct You agree to use our Website and Services only for lawful purposes and in accordance with these Terms. You agree not to use the Website or Services:

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• For any illegal purpose or in violation of any local, state, national, or international law.

• To infringe upon or violate our intellectual property rights or the intellectual property rights of others.

• To engage in any activity that could harm, disable, overburden, or impair the Website or Services, or interfere with any other party's use and enjoyment of the Website or Services, including attempting to disrupt or interfere with their security or integrity.

• To upload, transmit, or distribute viruses, worms, malicious code, or any software intended to damage or alter a computer system or data.

• To collect, harvest, or gather information or data regarding other users without their consent.

• To post, transmit, or link to any material that is spam, offensive, defamatory, harassing, threatening, abusive, vulgar, obscene, or otherwise objectionable.

• To use the "Ironclad Tool Box" for any commercial purpose, or to copy, modify, distribute, sell, lease, reverse engineer, or attempt to extract the source code of the tools, except as permitted by their intended use as free, client-side utilities.

• To impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

• To provide false, misleading, or inaccurate information to us or other users. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

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5. Terms Applicable to Specific Services

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• General Conditions for Professional Services (Secure Tech Consulting, Data Recovery, Secure Data Destruction, General IT Support):

  • Service Agreements: Most professional services will be governed by a separate Service Agreement, proposal, or statement of work signed by you and American Ironclad LLC prior to the commencement of services. These Terms and Conditions are incorporated into any such Service Agreement by reference. In the event of a conflict between these Terms and a specific Service Agreement, the terms of the Service Agreement shall prevail for that specific engagement.

  • Client Responsibilities: You agree to cooperate fully with us in all aspects of service delivery, including but not limited to:

    • Providing accurate, complete, and timely information regarding your systems, requirements, and any issues.

    • Providing necessary and timely access (remote or physical) to your systems, premises, and personnel as reasonably required by us.

    • Implementing recommendations provided during consulting, where applicable. Failure to do so may impact outcomes, for which we shall not be liable.

    • Maintaining your own regular and complete data backups for all your systems and data. Unless American Ironclad LLC is explicitly contracted to provide data backup services under a separate Service Agreement, you are solely responsible for your data backup procedures and disaster recovery planning. American Ironclad LLC is not liable for any loss of data if you fail to maintain adequate backups.

    • Informing us of any significant changes to your IT environment that may affect the services being provided.

  • Fees and Payment: Fees for services are typically determined following a free initial consultation and will be outlined in the applicable Service Agreement or invoice.

  • Scope and Outcomes: While we employ professional skill and care, you acknowledge that:

    • IT support services may not resolve every issue encountered.

    • Secure Tech Consulting services cannot guarantee the identification of all vulnerabilities or the prevention of all future security incidents. The cybersecurity landscape is constantly evolving.

    • We are not responsible for problems arising from your misuse of systems, unauthorized modifications made by you or third parties not under our direct control, failure to implement our reasonable recommendations, or issues with third-party software/hardware not managed or recommended by us.

  • Nature of Advice (Consulting): Unless otherwise specified in a Service Agreement, our consulting services are primarily advisory. Implementation of recommendations may be your responsibility or may be quoted as a separate service.

• Data Recovery Services:

  • No Guarantee of Success: You acknowledge that data recovery is a complex process and is not guaranteed. While we will use commercially reasonable efforts, some or all of your data may be unrecoverable.

  • Risk of Further Damage: You acknowledge that attempting data recovery on damaged, degraded, or failing storage media carries an inherent risk that the media could sustain further damage or become completely inoperable, despite our best efforts. American Ironclad LLC will not be liable for such further damage.

  • Client Authorization: We will only proceed with data recovery attempts after receiving your explicit authorization.

  • Handling of Recovered Data: Recovered data will be delivered on media agreed upon (which may be provided by you or purchased). We may temporarily store a copy of recovered data for a limited period as part of our service process, after which it will be securely deleted. You are responsible for verifying the integrity of recovered data promptly upon receipt.

  • Pre-existing Conditions: American Ironclad LLC is not responsible for any data loss, corruption, or damage that occurred to your media or data before we received it.

  • Confidentiality: We will treat all data accessed during the recovery process as confidential in accordance with our Confidentiality clause and Privacy Policy.

• Secure Data Destruction Services:

  • Irretrievability of Data: You acknowledge that once data destruction is performed using the agreed-upon industry-standard methods (which for digital data may include rigorous multi-pass overwriting techniques designed for irretrievable deletion, e.g., up to 200 passes), the data will be permanently and irretrievably erased.

  • Client Responsibility for Identification: You are solely responsible for accurately and completely identifying all media and/or data that you wish to have destroyed. American Ironclad LLC is not responsible for any data that you fail to identify for destruction or for any data you mistakenly identify for destruction.

  • Certification: We may provide a certificate of data destruction upon completion of the service, as specified in the Service Agreement.

  • Disposal of Physical Media: Physical media will be returned to you upon request following data destruction. Otherwise, it will be appropriately recycled or disposed of by American Ironclad LLC.

• "Ironclad Tool Box":

  • The "Ironclad Tool Box" and all tools and information therein are provided strictly on an "AS IS" and "AS AVAILABLE" basis, for educational purposes and basic tasks only.

  • American Ironclad LLC expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, reliability, suitability, or non-infringement with respect to the "Ironclad Tool Box."

  • You use the "Ironclad Tool Box" entirely at your own risk. To the fullest extent permitted by law, American Ironclad LLC shall have NO LIABILITY WHATSOEVER for any direct, indirect, incidental, special, consequential, punitive, or any other damages (including but not limited to damages for loss of data, system issues, business interruption, or loss of profits) arising out of or in connection with your use, misuse, or inability to use the "Ironclad Tool Box," even if we have been advised of the possibility of such damages.

  • You are solely responsible for any consequences arising from your use of these tools.

  • You agree not to modify, redistribute, reverse engineer, decompile, or use the "Ironclad Tool Box" for any commercial purpose.

  • American Ironclad LLC is under no obligation to provide support, updates, or maintenance for the "Ironclad Tool Box."

 

6. Intellectual Property Rights

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• Ownership: The Website and its original content (including but not limited to text, graphics, logos, images, software, the "Ironclad Tool Box," and the "Ironclad Insights" blog content created by us), features, and functionality are and will remain the exclusive property of American Ironclad LLC and its licensors, protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

• Trademarks: "American Ironclad," "Ironclad Insights," "Ironclad Tool Box," and our logos are trademarks or service marks of American Ironclad LLC. You may not use these marks without our prior written permission.

• License to Use "Ironclad Tool Box": We grant you a limited, non-exclusive, non-transferable, revocable license to use the "Ironclad Tool Box" for your personal, non-commercial, educational, and basic task purposes, strictly in accordance with these Terms.

• User-Generated Content (e.g., blog comments): If you post, upload, input, provide or submit any text, comments, information, or other materials ("User Content") to our Website (e.g., on the "Ironclad Insights" blog), you warrant that you own or otherwise control all of the rights to your User Content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the User Content, and that such User Content does not infringe upon or violate the intellectual property or other rights of any third party. You are solely responsible for your User Content and the consequences of posting or publishing it. By posting User Content, you grant American Ironclad LLC a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, modify, adapt, publish, translate, and otherwise exploit your User Content in connection with the Website, the "Ironclad Insights" blog, and our business, including for promoting and redistributing part or all of the Website or blog (and derivative works thereof) in any media formats and through any media channels.

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7. Payment Terms

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• Accepted Payment Methods: We accept various forms of payment, which may include credit cards, debit cards, and select "Buy Now, Pay Later" services or third-party financing options (subject to their terms and availability). Cryptocurrency payments may be accepted on a case-by-case basis, requiring manual processing initiated by contacting us directly via phone or text.

• Payment for Products (Encrypted Storage Drives): Payment for products is due in full at the time of order through our online shop or other designated purchase methods.

• Payment for Services: Fees for professional services are determined following an initial consultation and will be detailed in a Service Agreement, proposal, or invoice. Payment for services is generally required upfront before the Service Agreement is finalized or services commence. Any retainer fees or specific payment schedules for projects will be outlined in the applicable Service Agreement or invoice.

• Refunds for Services: Clients may request a refund for pre-paid services that they choose not to have completed or rendered. All such refund requests will be reviewed on a case-by-case basis, and any decision to grant a refund will be made in the sole discretion of American Ironclad LLC. American Ironclad LLC is under no obligation to grant any refund and reserves the right to deny any refund request without providing a reason for such a decision.

• Pricing and Changes: Prices for our products and services are subject to change without prior notice. However, the price for a product order confirmed by us or a service quoted in an executed Service Agreement will be honored for that specific transaction or engagement.

• Taxes: All prices quoted or displayed are exclusive of applicable sales taxes (such as Kansas state and local sales tax) and other governmental charges, which will be added to the final amount due and payable by you.

• Late Payments/Non-Payment: In the event that payments for invoiced services are not made by the due date (e.g., for subsequent project phases or recurring services), American Ironclad LLC reserves the right to charge late fees, apply interest on overdue amounts at the highest rate permitted by law, and/or suspend or terminate services until payment is received in full. You will be responsible for all reasonable costs incurred by us in collecting such late payments, including attorneys' fees.

• Recurring Payments: If you subscribe to a service with recurring payments (e.g., monthly IT support retainers or maintenance plans), the terms of such recurring payments, including billing cycle and cancellation policy, will be defined in the specific Service Agreement.

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8. Shipping Policy (for Encrypted Storage Drives)

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• Shipping Destinations: We ship Encrypted Storage Drives only within the United States of America.

• Shipping Costs: Shipping within the USA is generally offered free of charge. However, American Ironclad LLC reserves the right to modify its free shipping policy at any time for future orders or to apply shipping charges in specific circumstances. Any applicable shipping charges for your order will be clearly indicated at the time of purchase. If exceptional circumstances require a change to shipping costs for an already placed but unfulfilled order, we will contact you for your approval before proceeding.

• Order Processing Time: Order processing typically takes a few business days but may vary based on product availability and order specifics. These are estimates only.

• Estimated Delivery Times: Estimated delivery times vary depending on the shipping destination and carrier, and are estimates only, not guarantees.

• Risk of Loss and Damage: Risk of loss and damage to products passes to you upon our delivery of the order to the shipping carrier. We are not responsible for products lost or damaged in transit by the shipping carrier.

• Shipping Carriers: American Ironclad LLC reserves the right to select the shipping carrier for your order at our sole discretion.

• Accurate Shipping Information: You are responsible for providing a complete and accurate shipping address. American Ironclad LLC is not responsible for delays or non-delivery due to incorrect or incomplete addresses provided by you. You may be responsible for any additional charges incurred for re-shipment or address correction.

• Shipment Tracking: We will typically provide shipment tracking information when your order is dispatched.

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9. Return and Refund Policy (for Encrypted Storage Drives)

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• Return Eligibility & Timeframe: To be considered for a return, repair, or replacement of an Encrypted Storage Drive, you must contact American Ironclad LLC by phone, email, or other listed contact method within fourteen (14) days of receiving the item. All return requests are reviewed on a case-by-case basis. American Ironclad LLC reserves the absolute right to accept or deny any return request at its sole discretion, for any reason or no reason. Our goal is to meet customer needs where reasonably possible.

• Condition of Item: The likelihood of a return being accepted may be increased if the item is unopened, in its original packaging, and has not had data extensively written to it (for non-defective returns). Returns will generally not be accepted for products damaged by the customer or, in the case of non-defective returns, if data has been written to the drive extensively.

• Return Process: If a return is preliminarily considered, we will provide instructions. You may be required to obtain a Return Merchandise Authorization (RMA) number.

• Return Shipping Costs: The responsibility for payment of return shipping costs will be determined by American Ironclad LLC on a case-by-case basis, at our sole discretion.

• Refunds: If a return is accepted by American Ironclad LLC and a refund is approved, the refund may be issued to your original payment method or as store credit, at our sole discretion. The timing of the refund will depend on processing time after we receive and inspect the returned item. Original shipping costs (if any were charged to you) are generally non-refundable unless the return is due to an error on our part or a confirmed defect covered by warranty, as determined by us.

• Restocking Fee: At our sole discretion, a restocking fee of up to thirty percent (30%) of the original purchase price of the item may be applied to returned Encrypted Storage Drives, particularly if the item is opened or not in its original condition.

• Exchanges: Exchanges for Encrypted Storage Drives are offered on a case-by-case basis, at our sole discretion. Please contact us to inquire about an exchange.

• Data on Returned Drives: You are solely responsible for securely erasing or wiping all data from any Encrypted Storage Drive before returning it to us. American Ironclad LLC is not responsible or liable for any data left on a returned drive or for the security of such data.

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10. Limited Warranty (for Encrypted Storage Drives) American Ironclad LLC provides a Limited Warranty for Encrypted Storage Drives purchased directly from us.

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• Duration: This Limited Warranty lasts for ninety (90) days from the original date of purchase by the original purchaser.

• Coverage: This Limited Warranty covers defects in materials and workmanship under normal use.

• Exclusions: This Limited Warranty does not cover: (a) damage caused by accident, abuse, misuse, liquid contact, fire, earthquake or other external cause; (b) damage caused by operating the product outside American Ironclad LLC’s published guidelines; (c) damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of American Ironclad LLC; (d) a product or part that has been modified to alter functionality or capability without the written permission of American Ironclad LLC (tampering); (e) cosmetic damage, including but not limited to scratches and dents, that do not otherwise affect the product’s functionality or materially impair its use; (f) normal wear and tear; (g) any software pre-installed on or distributed with the product; or (h) any loss or corruption of data. You are responsible for backing up any data stored on the drive.

• Remedy: If a defect arises during the warranty period and you submit a valid claim, American Ironclad LLC will, at its sole option and discretion: (a) repair the defective drive using new or refurbished parts; (b) replace the defective drive with a new or refurbished drive that is at least functionally equivalent; or (c) refund the original purchase price of the defective drive.

• Claim Process: To make a warranty claim, you must contact American Ironclad LLC within the warranty period, providing proof of purchase and a detailed description of the issue. We will provide instructions for returning the product if necessary. You may be responsible for shipping costs associated with a warranty claim.

• Conditions: This Limited Warranty is valid only for the original purchaser of the product and is non-transferable. The warranty is void if the product has been tampered with or if any identifying labels have been removed or altered.

• Availability of Full Terms: The full terms and conditions of this Limited Warranty are available on our Website or will be provided with the product packaging or upon request. It is your responsibility to review these terms.

• Disclaimer: EXCEPT AS PROVIDED IN THIS LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, AMERICAN IRONCLAD LLC IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH THE AMERICAN IRONCLAD LLC PRODUCT OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED ON THE PRODUCT. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

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11. General Disclaimers of Warranties TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, THE "IRONCLAD INSIGHTS" BLOG, THE "IRONCLAD TOOL BOX," ALL SERVICES, ALL PRODUCTS (EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED WARRANTY FOR ENCRYPTED STORAGE DRIVES), AND ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR SERVICES ARE PROVIDED BY AMERICAN IRONCLAD LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

AMERICAN IRONCLAD LLC EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE WEBSITE, SERVICES, "IRONCLAD TOOL BOX," INFORMATION, CONTENT, MATERIALS, OR PRODUCTS WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, COMPLETE, RELIABLE, OR TIMELY; THAT DEFECTS WILL BE CORRECTED; THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEBSITE, SERVICES, OR INFORMATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AMERICAN IRONCLAD LLC OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OR AN APPLICABLE SIGNED SERVICE AGREEMENT.

12. Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AMERICAN IRONCLAD LLC, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITE, ANY SERVICES, ANY PRODUCTS (INCLUDING THE "IRONCLAD TOOL BOX"), ANY INFORMATION OR CONTENT PROVIDED ON THE WEBSITE OR THROUGH COMMUNICATIONS WITH US, OR ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, REGARDLESS OF LEGAL THEORY (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY), EVEN IF AMERICAN IRONCLAD LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

WITH RESPECT TO ANY FREE RESOURCES PROVIDED BY AMERICAN IRONCLAD LLC, INCLUDING BUT NOT LIMITED TO THE "IRONCLAD TOOL BOX" AND THE "IRONCLAD INSIGHTS" BLOG, YOU ACKNOWLEDGE AND AGREE THAT THESE ARE PROVIDED FREE OF CHARGE AND, AS SUCH, TO THE FULLEST EXTENT PERMITTED BY LAW, AMERICAN IRONCLAD LLC SHALL HAVE NO LIABILITY WHATSOEVER (WHETHER DIRECT OR INDIRECT) ARISING FROM OR RELATING TO YOUR USE OF SUCH FREE RESOURCES.

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TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF AMERICAN IRONCLAD LLC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE PAID SERVICES OR PRODUCTS, OR OTHERWISE ARISING OUT OF OR RELATING TO THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO AMERICAN IRONCLAD LLC FOR THE SPECIFIC PAID SERVICE OR PRODUCT FROM WHICH THE CLAIM AROSE IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00). FOR THE AVOIDANCE OF DOUBT, AMERICAN IRONCLAD LLC'S LIABILITY FOR ANY CLAIM WHATSOEVER RELATED TO FREE RESOURCES OR INFORMATION PROVIDED WITHOUT CHARGE SHALL BE NIL (ZERO DOLLARS), TO THE EXTENT PERMITTED BY LAW.

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THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. HOWEVER, THEY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

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13. Indemnification To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless American

Ironclad LLC, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, actions, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of, resulting from, or in any way connected with: (a) your access to, use of, or alleged use of the Website, Services (including the "Ironclad Tool Box"), or Products; (b) your violation of these Terms and Conditions or any applicable law or regulation; (c) any User Content you post, submit, or transmit through the Website or Services, including any claim that such User Content infringes or violates any intellectual property or other rights of a third party; (d) your infringement of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (e) any disputes or issues between you and any third party arising from your use of our offerings. American Ironclad LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of American Ironclad LLC. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

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14. Confidentiality (This section was drafted previously based on your input and would be inserted here. It covers mutual confidentiality, definitions, exceptions, and data handling. Please refer to the draft of Section 14 provided in our prior exchange.)

 

15. Third-Party Links and Services (This section was drafted previously based on your input and would be inserted here. It disclaims responsibility for third-party sites.)

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16. Termination (This section was drafted previously based on your input and would be inserted here. It covers grounds for termination by either party and effects of termination.)

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17. Governing Law and Dispute Resolution (This section was drafted previously based on your input and would be inserted here. It specifies Kansas law, Wichita venue, arbitration option, and class action waiver.)

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18. Modifications to Terms (This section was drafted previously based on your input and would be inserted here. It covers your right to modify terms with notice.)

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19. Force Majeure (This section was drafted previously based on your input and would be inserted here. It excuses performance for events beyond reasonable control.)

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20. Assignment (This section was drafted previously based on your input and would be inserted here. It restricts user assignment and allows company assignment.)

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21. Severability (This section was drafted previously based on your input and would be inserted here. It ensures remaining provisions are effective if one is unenforceable.)

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22. Waiver (This section was drafted previously based on your input and would be inserted here. It addresses failure to enforce a provision.)

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23. Entire Agreement (This section was drafted previously based on your input and would be inserted here. It states these T&Cs, Privacy Policy, and Service Agreements constitute the full agreement.)

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24. No Third-Party Beneficiaries (This section was drafted previously based on your input and would be inserted here.)

 

25. Headings and Interpretation (This section was drafted previously based on your input and would be inserted here.)

 

26. Contact Information If you have any questions about these Terms and Conditions, please contact American Ironclad LLC at