TERMS AND CONDITIONS OF USE

Your use of this site constitutes your agreement, without modification, to all terms, conditions, and notices contained herein. We reserve the right to change or modify the terms and conditions at any time and for any reason. Your continued use after any such changes constitutes acceptance of the modified terms. If you do not agree to all of these terms and conditions, you do not have our permission to access our Web site.

PRIVACY

We are committed to protecting the privacy of our visitors. On occasion, it may be necessary for us to collect information such as your name, address, telephone number and/or email address. We intend to notify you before collecting this kind of information. If you choose to give us any information that we may need in order to contact you, you may inform us if you do not wish for us to use that information to contact you again in the future. Otherwise, we may use the information to notify you of services, changes to our Web site or other matters that we believe might interest you as our visitor.

Some of our pages may use "cookies". A cookie is a packet of information that our site sends to your browser, which may then store it on your computer. This and similar technology helps our Web site to automatically gather information such as the number and frequency of visitors and may be necessary for the operation of a so-called “shopping cart” feature. We use this information to assist you with your order and/or to find out, among other things, what parts of our site that users find most useful or appealing. We may provide this information to outside parties, but if we do, the information will not include any personally identifying information. We do not collect personally identifying information as part of this automatic process, and do not combine this data with any personally identifying information that you may voluntarily provide.

Your privacy is important to us, and maintaining your trust and confidence is a high priority. The purpose of this notice is to explain our Privacy Policy with regard to personal information about you that we obtain.

We collect nonpublic personal information about you that is provided to us by you or obtained by us with your authorization or consent. We do not disclose any personal information about our customers or former customers to anyone, except as required to fill your order or as required or permitted by law. In order to guard your nonpublic personal information, we maintain physical, electronic, and procedural safeguards.

DISCLAIMERS

Any goods and services provided by us are provided AS IS, WITHOUT WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) QUALITY; 4) ACCURACY; 5) NON-INFRINGEMENT; 6) QUIET ENJOYMENT; AND 7) TITLE. YOU AGREE THAT ANY EFFORTS BY US TO MODIFY OUR GOODS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS, AND THAT ANY OF OUR WARRANTIES SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. YOU FURTHER AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND WHETHER UNDER THESE TERMS OR OTHERWISE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WERE GROSSLY NEGLIGENT. IN THE EVENT OF ANY DISPUTE BETWEEN YOU AND US, YOU AGREE THAT YOUR SOLE REMEDY SHALL BE FOR REFUND OF THE PURCHASE PRICE AS SET FORTH ON THIS WEB SITE. MODIFICATIONS MADE TO ANY PRODUCT OR SERVICE OBTAINED BY VIRTUE OF YOUR USE OF THIS SITE, BY YOU OR ANY THIRD PARTY VOIDS ANY REMAINING EXPRESS OR IMPLIED WARRANTIES, IF ANY. Where such disclaimer, exclusion or limitation of liability for consequential or incidental damages is limited by law, our liability is limited to the greatest extent permitted by law.

We do not condone or encourage illegal activity. You understand and agree that our products are not to be used for any illegal purposes, including use for lawfully administered drug tests.

RISK OF LOSS

You agree that all purchases from our site are made pursuant to a shipment contract. Risk of loss and title for any such items pass to you upon our delivery to the carrier.

COPYRIGHTS, TRADEMARKS OTHER INTELLECTUAL PROPERTY

You agree that all materials displayed and/or contained on any portion of this Web site are our property. You understand that you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any of the materials contained on this site.

We respect the intellectual property rights of others. If you believe that anything accessible on this site has infringed on your copyright, please contact our agent for notice of claims of copyright infringement. In your correspondence, set forth the following information:

1. Your physical or electronic signature, or that of a person authorized to act on your behalf;

2. Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that you claim infringes your copyright or that you claim is the subject of infringing activity (you must give us sufficient information to find the material) and that is to be removed or access to which is to be disabled;

4. Your address, telephone number, and, if available, e-mail address or other information reasonably sufficient to permit the us to contact you;

5. A statement that you have a good faith belief that use of the material is not authorized by you, your agent, or the law;

6. A statement that the information in your notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please forward your correspondence to our agent for notice of claims, who can be reached at: Division One Concepts, LLC, Postal Office Box 1312, Biloxi, MS 39533.

THIRD PARTY SITES

This site may contain hyperlinks that may direct you to other sites on the Internet. Furthermore, you may arrive at our site via a link from another site on the Internet. These sites are not under our control and you agree that we are not responsible for any aspect of such sites, including, without limitation, accuracy or compliance with applicable laws. The use of our link on other sites and the inclusion of third party links on this site does not imply a partnership or joint venture with such site and does not constitute an endorsement of such site's contents.

CHOICE OF LAW/FORUM

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Mississippi, without giving effect to any conflicts of laws principles. Subject to the provisions of the next paragraph concerning arbitration, you consent to the exercise of personal and subject matter jurisdiction by the courts of the State of Mississippi located in the County of Jackson and the United States Federal Court sitting in the Southern District of Mississippi, with respect to any disputes, suits, legal actions or proceedings which are brought, and you agree that you will not commence any permitted action in any court other than the above noted courts. You irrevocably waive any objection which you may now or hereafter have to the laying of venue of any permitted action commenced in any of the above noted courts has been brought in an inconvenient forum.

Sorry, but no sales to New Jersey, South Carolina, North Carolina, Oregon, Florida, Texas, or Canada.

MANDATORY ARBITRATION

Any controversy or claim arising out of or relating to this Agreement, or its breach, shall be settled by arbitration in Biloxi, Mississippi in accordance with the governing rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court of competent jurisdiction.

SEVERABILITY

These terms and conditions constitute the entire agreement between you and us with respect to your use of this site. The invalidity or unenforceability of any provision of this agreement shall not affect the other provisions hereof, and the agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted.