Terms of Service and Conditions of Sale

Last updated: 14 October 2026

IMPORTANT. TAKE THE TIME TO READ THESE TERMS CAREFULLY. SECTIONS 22 THROUGH 26 CONTAIN A BINDING ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, A MASS ACTION WAIVER AND A JURY TRIAL WAIVER. THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS. EXCEPT AS EXPRESSLY STATED BELOW, ANY DISPUTE WILL BE DECIDED ON AN INDIVIDUAL BASIS IN FINAL AND BINDING ARBITRATION, AND YOU MAY OPT OUT OF ARBITRATION AS SECTION 26 EXPLAINS.

THE Patriot Destiny® VIP MEMBERSHIP, AN AUTOMATICALLY RENEWING PAID SUBSCRIPTION, IS COVERED BY THESE TERMS AS WELL. ONCE YOU ENROL, RECURRING CHARGES WILL APPLY UNTIL YOU CANCEL. THE FULL AUTOMATIC RENEWAL AND CANCELLATION TERMS ARE IN SECTION 6.

VISITING, INTERACTING WITH OR USING OUR SERVICES, OR MAKING A PURCHASE FROM US, MEANS THAT YOU ACCEPT ALL OF THESE TERMS AND ARE BOUND BY THEM.

Overview

Welcome, and thank you for visiting Patriot Destiny®. In these Terms, "we", "us" and "our" refer to Patriot Destiny®. We run this store and website, including all related subdomains, checkout funnels, landing pages, mobile experiences, information, content, features, tools, products and services (referred to together as the "Services"). Shopify powers Patriot Destiny® and makes it possible for us to provide the Services to you.

These Terms of Service (the "Terms") and any policies referred to in them describe what you are entitled to, and what you are responsible for, when you use the Services. They also contain important information about your legal rights, such as warranty disclaimers, limitations of liability and the dispute resolution provisions outlined above.

Using the Services means you agree to be bound by these Terms and by our Privacy Policy. Anyone who does not agree must not access or use the Services.

1. Accepting These Terms and Future Changes

1.1 Acceptance and Eligibility

You agree to be bound by these Terms in their entirety when you access the Services, open an account, enrol in the VIP Membership, click a button signalling your agreement, or buy any product. At the same time, you represent that you are eighteen (18) or older, that you are of the age of majority in your home state or province, and that you have the full legal capacity needed to enter into a binding agreement. In addition, you allow any minor dependents of yours to use the Services on any device that you own, purchase or manage, and you give us your consent to that use.

1.2 Electronic Acceptance

Where we present one, some transactions require you to take an affirmative step confirming that you agree to these Terms before the transaction can be completed, such as ticking an unchecked box or clicking a clearly labelled button. That affirmative step is your legally binding electronic consent.

1.3 Updates to These Terms

We can revise these Terms whenever we choose, at our sole discretion, and the latest version can be reviewed on this page at any time. Material changes will be communicated with reasonable notice by email, an account notification or a banner on the website, and will take effect on the date that notice specifies. By continuing to use the Services after a change becomes effective, you accept the revised Terms.

2. Access Rights and Your Account

You receive from us a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Services, and only for your own personal, non-commercial use. At any time and for any reason, we may modify or discontinue any part of the Services, restrict or end anyone's access, or refuse service to any user. We will not be liable if the Services become unavailable.

We may ask you for certain information in order for you to use the Services, such as your email address and billing, payment and shipping details. You represent and warrant that the information you provide is correct, current and complete, and that you are fully entitled to provide it.

You alone are responsible for keeping your account credentials secure and for everything that happens on your account. Please let us know immediately at support@patriotdestiny.com if there is any unauthorised access. You may not transfer, sell, assign or license your account to anyone else, and we may disable accounts at our discretion where these Terms have been violated.

3. Product Information

We work hard to represent our products accurately, but your device and its settings may cause colours and product appearance to look different on your screen.

We give no warranty that any product's appearance or quality will match your expectations or be identical to what is shown in our online stores.

At our sole discretion, product descriptions may change at any time without notice. We may discontinue a product at any time, and we may limit the quantity of any product offered to any person, geographic region or jurisdiction on a case-by-case basis.

You rely on information presented through the Services strictly at your own risk. We disclaim all liability that arises from reliance on Website materials, from any interpretation of product descriptions, or from any third-party materials or testimonials shown on the Services.

4. How Orders Work

An order is an offer by you to purchase. Patriot Destiny® may, at its discretion, accept or decline an order for any reason, for example suspected fraud, a pricing error or a product being unavailable. An order is not accepted until Patriot Destiny® confirms that it is, and acceptance cannot happen until we have received and processed your payment.

Check your order carefully before submitting it, since we may be unable to accommodate a cancellation request after the order is accepted. Should we not accept an order, or should we change or cancel one, we will attempt to notify you through the email address, billing address or phone number given at the time of ordering.

Any return or exchange is handled only in line with our Refund Policy.

You represent and warrant that what you buy is for your own personal or household use, not for commercial resale or export.

5. Prices, Payments and Charges

5.1 Our Prices

We may change prices, discounts and promotions without notice. The price you are charged is the one in effect at the time you place the order, as shown in your order confirmation email. Our prices are in U.S. dollars. Posted prices do not include taxes, shipping, handling, customs or import charges unless we expressly state that they do. Prices in our online stores may not match those offered in physical stores or in stores that third parties operate.

We may occasionally run promotions with their own terms, separate from these Terms, and where those terms conflict with these Terms, the promotion's terms govern.

5.2 Your Payment Authorisation

In providing a payment method, you represent and warrant that (i) your payment information is true, correct and complete, (ii) you are duly authorised to use the payment method, (iii) your card issuer will honour the charges you incur, and (iv) you will pay the charges you incur at the posted prices, with shipping and handling charges and all applicable taxes included. You authorise us to charge that payment method for products you purchase, VIP Membership renewals, shipping charges, applicable taxes and any other fees we disclose. We may suspend or cancel your order if payment is declined.

5.3 Keeping Information Current

It is your responsibility, and you agree, to keep the information tied to your purchases, payments and account current, complete and accurate (including your email address, card numbers and expiration dates) so that we are able to complete your transactions and contact you as needed.

5.4 Account Updater Service

Your card issuer may provide us with updated card information, for example a new card number or expiration date, which we may use to update your account, and you authorise us to charge the updated payment method. To stop automatic updates to your payment information, contact your card issuer, remove the payment method stored with us, or cancel your VIP Membership. Bank or card fees are yours to pay. Where a charge is reversed, we may invoice you directly and seek payment through another method.

5.5 Third-Party Processors

Third-party providers may process payments. Using them is subject to their own terms and privacy policies, and we are not responsible for any errors those payment processors make.

6. VIP Membership Terms: Subscription, Automatic Renewal and Cancellation

WE ASK THAT YOU READ THIS SECTION CAREFULLY. THE Patriot Destiny® VIP MEMBERSHIP IS A PAID SUBSCRIPTION THAT RENEWS ON ITS OWN, AND IT WILL CHARGE YOUR PAYMENT METHOD ON A RECURRING BASIS UNTIL YOU CANCEL.

6.1 Enrolling in the VIP Membership

A membership option (the "VIP Membership" or "Subscription Service") may be offered through the Services, giving members discounts and other benefits for a recurring fee. When you enrol, you agree that your membership involves recurring payment obligations, and you authorise Patriot Destiny® to charge your payment method automatically at the stated billing interval until you cancel.

6.2 The 10-Day Free Trial

New members may use a one-time 10-day free trial. Starting the trial authorises us to charge your chosen payment method when it ends, unless you cancel before the trial expiration date. Only one free trial is allowed per member, per household and per payment method.

6.3 Disclosures Before Enrolment and Your Consent

Before you confirm your billing information and complete enrolment, a clear and conspicuous notice will be shown to you, in visual proximity to the request for your consent, setting out all of the following:

• that the membership renews automatically and recurring charges will apply unless you cancel;
• the length of each renewal period, which is every twenty-eight (28) days, and any additional renewal terms;
• the charge for each renewal period and how frequently it applies, which is $49.95 every 28 days, unless you take timely steps to cancel;
• that you will be charged for the first time immediately upon completion of the 10-day free trial;
• the cancellation methods open to you, including how to cancel online and how to reach us;
• a link that goes directly to the online cancellation process at https://patriotdestiny.com/pages/cancel-membership; and
• our contact information, found in Section 31.

Your purchase will not be completed until you take an affirmative action that expressly confirms your consent to the recurring charges, such as ticking an unchecked acknowledgment box or clicking a clearly labelled button. This action constitutes your express informed consent to the automatic renewal terms. We do not rely on pre-checked boxes or other default mechanisms to obtain it.

6.4 How Automatic Renewal Works

YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW AT THE THEN-CURRENT RATE, AND AT THE SAME BILLING INTERVAL YOU CHOSE AT CHECKOUT, UNLESS YOU CANCEL AS SET OUT IN THESE TERMS. Once the 10-day free trial is complete, your membership becomes a paid 28-day membership, and the membership fee of $49.95 is charged at that moment. It then carries on and renews automatically every 28 days, and you authorise these recurring charges until the membership is cancelled.

6.5 Your Confirmation Email

Once you have enrolled, we will send an order confirmation to the email address you gave us containing (a) a summary of the automatic renewal terms, (b) the amount charged and the billing frequency, (c) your available cancellation methods, and (d) a direct link to the online cancellation process. We ask that you keep it for your records. If it has not reached you within 24 hours of enrolling, please write to support@patriotdestiny.com.

6.6 Cancelling, With No Unreasonable Barriers

Your trial or membership can be cancelled at any time through any of the methods below. To avoid a charge for the next billing period, complete your cancellation at least twenty-four (24) hours before the next scheduled billing date. To avoid a charge for the first membership period, cancel before the 10-day free trial is over.

• Online (the simplest option): visit https://patriotdestiny.com/pages/cancel-membership and complete the clearly labelled cancellation steps. You will not need to make a phone call.
• By email: email your cancellation request to support@patriotdestiny.com, and we will confirm it within one (1) business day.
• By contact form: use our Contact page to submit a request.
• By phone: ring +1 (833) 404 4459 and we will process the cancellation during your call.

Cancelling will never require you to talk to a live representative, complete a retention flow or do anything beyond the steps described above. Online portal cancellations take effect as soon as they are confirmed on screen, and we will email a cancellation confirmation to the address on file. After the current billing period comes to an end, no further recurring charges will be processed.

6.7 What Cancellation Means for You

Cancelling during an active 28-day membership period does not end your member benefits early. They stay available until that period ends. As Section 8 explains, we do not refund membership fees that have already been charged.

6.8 Payment Failures and Reauthorisation

When a recurring charge fails, you authorise us to retry it, to reach out to you for updated payment information, and to suspend member benefits and shipments until the payment is received. Remaining enrolled reaffirms your authorisation for us to charge your payment method. Unpaid balances may be referred for collection where the law permits.

6.9 Member Benefits, Eligibility and Changes

As a VIP member, you are eligible for discounts ranging from 20% to 80% off select products in our store. The discount amount depends on the product, promotion, inventory availability and seasonal offers, and some products are not eligible. Discounts only apply to qualifying purchases made during an active membership period, and unless we expressly state otherwise they cannot be used together with other coupons, promotional offers, clearance pricing or special discounts. We may exclude certain brands, products, services, gift cards or limited-time offers. Only active members in good standing who have a valid payment method on file can use the benefits, which are non-transferable and reserved for the enrolled member alone. We reserve the right to change discount offerings, participating products and membership benefits at any time without prior notice. Changes apply prospectively and have no effect on purchases that have already been completed.

6.10 Changes to Membership Pricing

We may change the price of the membership with reasonable notice, giving advance notice wherever the law requires it. Price changes take effect for future billing cycles and leave the current paid membership period unaffected.

6.11 Rights of California Subscribers

For California residents, the following additional disclosures apply under California Business and Professions Code Section 17601 et seq. (the Automatic Renewal Law) and Section 17535 et seq.:

• Renewal terms: the membership renews automatically every 28 days at the then-current price, unless you cancel before your next renewal date.
• How to cancel: cancel whenever you wish at https://patriotdestiny.com/pages/cancel-membership, by email to support@patriotdestiny.com, or by phone on +1 (833) 404 4459. We will not make it hard for you to cancel.
• Unauthorised charges: we will fully refund any charges you did not authorise if we fail to provide the required disclosures before you enrol. To ask for a refund under this provision, email support@patriotdestiny.com.
• Who to contact: Patriot Destiny®, support@patriotdestiny.com, +1 (833) 404 4459. Alternatively, you may contact the California Department of Consumer Affairs, Consumer Information Division, 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834, (800) 952-5210.

7. Delivery, Title and Risk of Loss

Third-party carriers deliver our products. We need an accurate shipping address and phone number from you, and we are not responsible for any delay or non-delivery that results from an incorrect address you supply. Email support@patriotdestiny.com without delay if your address needs to change, but please note that we cannot guarantee changes once an order has been submitted.

Shipping and delivery delays are not something we are liable for. Delivery times are estimates, not guarantees, and delays that stem from shipping carriers, customs processing or events outside our control are not our responsibility. Subject to any legal requirement to the contrary, title and risk of loss transfer to you at the point we hand the products to the carrier. International customers must pay any customs duties and import taxes.

7.1 Confirmation of Delivery

The carrier's delivery confirmation is deemed conclusive proof that products were delivered to the address you provided, even where no signature was obtained. You agree that it is sufficient evidence of delivery in resolving any dispute, including a chargeback or a claim of non-delivery.

8. Return and Refund Terms

For the complete terms, see our Refund Policy. All sales are final unless that policy says otherwise. Any refund that applies is returned to your original payment method, and how long it takes to post depends on your bank. Shipping and handling fees cannot be refunded.

Unless applicable law requires a refund, membership fees are non-refundable. Partial billing periods, unused time and not using membership benefits do not entitle you to a refund.

9. Ownership of Content and Trademarks

The Services, together with all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, software and design elements that form part of them, and the way those items are selected and arranged, are the property of Patriot Destiny®, its affiliates or its licensors, and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

You may use the Services under these Terms for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material on the Services unless we have given prior written consent. These Terms do not grant you any licence or other right under any patent, trademark, copyright or other intellectual property owned by Patriot Destiny®, Shopify or any third party. Unauthorised use may breach federal and state intellectual property laws. Any right not expressly granted is reserved.

Patriot Destiny®'s names, logos, product and service names, designs and slogans are trademarks belonging to Patriot Destiny® or its affiliates or licensors, and you may only use them with our prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks owned by Shopify. Any other marks on the Services are owned by their respective owners.

9.1 Copyright Infringement Notices

To report content on the Services that you believe infringes your copyright, email support@patriotdestiny.com with (i) identification of the copyrighted work, (ii) identification of the infringing material and where it can be found, (iii) your contact information, (iv) a statement setting out your good-faith belief, and (v) a statement, under penalty of perjury, that the information provided is accurate.

10. Optional Third-Party Tools and External Links

The Services may give you access to customer tools from third parties, which we do not monitor or control. We provide access to these tools "as is" and "as available", without warranties, representations or conditions of any kind and without endorsing them. Any use of optional third-party tools is at your own risk and discretion, and we bear no liability arising from it. Make sure you are familiar with, and approve of, the terms on which these tools are provided.

Third-party materials, hyperlinks to websites that third parties provide or run, and embedded third-party functionality may all appear on the Services. We are not responsible for examining or evaluating the content, practices, accuracy or legality of any of them, and if you leave the Services to visit them, that is at your own risk. Please raise any complaints, claims, concerns or questions about third-party products and services directly with the third party concerned.

Features we add to the Services in the future are also part of the Services and are subject to these Terms.

11. Our Relationship With Shopify

Shopify powers Patriot Destiny® and enables us to provide the Services to you, but any sale or purchase you make in our store is made directly with Patriot Destiny®. By using the Services, you acknowledge that Shopify is in no way responsible for any aspect of a sale between you and Patriot Destiny®, including any injury, damage or loss caused by products and services you buy. You expressly release Shopify and its affiliates from any and all claims, damages and liabilities that arise from or relate to your purchases and transactions with Patriot Destiny®.

12. Privacy, Cookies and Communications

Our Privacy Policy, which is incorporated into these Terms by reference, governs all personal information we collect through the Services, and Shopify's Privacy Policy may also apply to some personal information. Using the Services confirms that you have read these policies.

Since Shopify hosts the Services, it collects and processes personal information about your access to and use of the Services so that it can provide and improve them. Information you submit may be passed to and shared with Shopify and with third parties that may be located outside your country of residence. We and third parties use cookies, pixels and similar tracking technologies on the Services to enhance user experience, analyse performance, personalise content and support advertising and marketing.

Using the Services, creating an account or making a purchase means you consent to receive electronic communications from us. These include order confirmations, shipping notifications, membership renewal and cancellation notices and customer service communications, as well as marketing emails if you have opted in to them. Use the unsubscribe link in any marketing email to stop receiving them. Any legal requirement that these communications be in writing is satisfied by electronic communications.

13. Reviews, Feedback and Submissions

When you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content to us ("Feedback"), you grant us a perpetual, worldwide, sublicensable, transferable, royalty-free licence to use, reproduce, modify, publish, distribute and display it in any medium, for any purpose, including commercial purposes.

You represent and warrant that (i) the Feedback is yours or you have all the rights it requires, (ii) you have disclosed any compensation or incentive you received for it, (iii) it is truthful and in no way misleading, and (iv) it complies with these Terms. We are not obliged to keep Feedback confidential, pay compensation for it or respond to it.

At our sole discretion we may, though we are not required to, monitor, edit or remove Feedback that we consider unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates the intellectual property rights of any party or these Terms.

Feedback must not infringe any third party's rights, including copyright, trademark, privacy, personality or other proprietary rights, and must not include unlawful, abusive or obscene material or any virus or malware. Do not use a false email address, pose as someone else or otherwise mislead us or third parties about where any Feedback came from. Your Feedback and its accuracy are your sole responsibility, and we accept no liability for Feedback posted by you or by any third party.

We reserve the right to give full cooperation to law enforcement authorities, and to any court order directing us to disclose user information. You agree to hold us harmless from claims that arise from any good-faith disclosure made to comply with legal obligations.

14. Inaccuracies and Corrections

From time to time, the Services may include typographical errors, inaccuracies or omissions in product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct them, to change or update information, or to cancel orders if any information is inaccurate, at any time and without prior notice, even after you have submitted your order.

15. Restrictions on Use

The Services may be accessed and used for lawful purposes only. You must not use the Services, either directly or indirectly:

1. for unlawful or malicious purposes;
2. in breach of any international, federal, provincial, state or local law, rule, regulation or ordinance;
3. to infringe intellectual property rights belonging to us or to others;
4. to harass, abuse, insult, harm, defame, slander, disparage or intimidate any of our employees or any other person;
5. to transmit information that is false or misleading;
6. to send, knowingly receive, upload, download, use or re-use material that is not compliant with these Terms;
7. to transmit or procure the sending of advertising or promotional material, including junk mail, chain letters or spam;
8. to impersonate another person or entity; or
9. for any conduct that restricts or inhibits the use or enjoyment of the Services by anyone, or that may harm Patriot Destiny®, Shopify or users of the Services or expose them to liability.

Further, you agree that you will not:

1. upload or transmit any virus or other malicious code;
2. reproduce, duplicate, copy, extract, sell, resell or exploit the Services or any portion of them;
3. collect or track anyone else's personal information;
4. engage in spamming, phishing, pharming or pretexting of the Services;
5. use a robot, spider, scraper, data gathering and extraction tool, automatic device or process, AI tool (agentic AI included), or other automated or manual means to access the Services; or
6. interfere with, bypass or circumvent security or authorisation features, robot exclusion headers or other measures that restrict access.

We reserve the right to investigate violations and pursue them as far as the law permits, and to suspend, disable or terminate your account at any time without notice for any breach of these Terms.

16. AI and Automated Agents

16.1 When This Section Applies

This section covers any situation in which you use, allow, enable or cause the deployment of an Agent to access, use or interact with any Services. For these purposes, an "Agent" is any software or service that acts autonomously or semi-autonomously on behalf of, or at the instruction of, any person or entity, and that is able to execute on a person's behalf, or by using a person's device, without direct supervision.

16.2 Identification Requirement

Agents may access, use or interact with the Services only if they identify themselves and operate in strict accordance with Section 16.4 at all times. Any Agent we have asked to refrain from accessing the Services must not access them.

16.3 Limits We May Set

We may use technical measures, among other means, to limit whether and how an Agent accesses, uses and interacts with the Services.

16.4 Agent Requirements

An Agent must:

1. state in all HTTP/HTTPS requests that it is an Agent, and disclose its name in the user agent string using the form "Agent/[agent name]";
2. not hide or obfuscate the fact that an interaction comes from an Agent, whether by mimicking human behaviour and interaction patterns or by completing or circumventing CAPTCHAs or other measures intended to tell human use apart from computer use;
3. give truthful answers to any question or prompt aimed at determining whether an interaction comes from a human or a computer; and
4. not circumvent or avoid any measure intended to block, limit, modify or control the access of Agents.

17. Termination

These Terms continue in effect until they are terminated. We may, in our sole discretion, terminate this agreement or your access to the Services or any part of them at any time and without notice. You will remain liable for all amounts due up to and including the termination date.

Any termination leaves the following in force:

• Section 9, Ownership of Content and Trademarks;
• Section 13, Reviews, Feedback and Submissions;
• this Section 17, Termination;
• Section 18, Disclaimers;
• Section 19, Liability Limits;
• Section 20, Indemnification;
• Section 21, One-Year Period to Bring Claims;
• Section 22, Disputes and Binding Arbitration;
• Sections 23, 24 and 25, the class action, mass action and jury trial waivers;
• the severability provisions in Sections 27 and 30.1, the waiver and entire agreement provisions in Sections 30.2 and 30.3, and the assignment provision in Section 30.4;
• Section 28, Applicable Law;
• the Privacy Policy, as described in Section 12;
• payment obligations; and
• any other provision that ought by its nature to survive.

18. Disclaimers

Information made available through the Services is for general information purposes only. Its accuracy, completeness and usefulness are not warranted by us, and you rely on it strictly at your own risk.

UNLESS Patriot Destiny® EXPRESSLY STATES OTHERWISE, WE PROVIDE THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM FOR YOUR USE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND WE DISCLAIM ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, ACCURACY, RELIABILITY, AVAILABILITY AND NON-INFRINGEMENT. WE MAKE NO GUARANTEE, REPRESENTATION OR WARRANTY THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT PRODUCTS WILL LIVE UP TO YOUR EXPECTATIONS. SOME JURISDICTIONS DO NOT ALLOW, OR PLACE LIMITS ON, DISCLAIMERS OF IMPLIED OR OTHER WARRANTIES, IN WHICH CASE THE ABOVE MAY NOT APPLY TO YOU.

19. Liability Limits

IN NO EVENT, AND TO THE FULLEST EXTENT ALLOWED BY LAW, WILL Patriot Destiny® OR ANY OF OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR ANY OF THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS OR CLAIM, OR FOR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, MULTIPLE OR CONSEQUENTIAL, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION OR REPLACEMENT COSTS. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, AND TO ANYTHING ARISING FROM OR RELATING TO THESE TERMS, YOUR USE OF OR INABILITY TO USE THE SERVICES, ANY PRODUCT PURCHASE, ANY MEMBERSHIP OR AUTOMATIC RENEWAL, OR ANY ADVERTISING OR MARKETING PRACTICES, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

19.1 Ceiling on Direct Damages

TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE MOST WE WILL BE LIABLE FOR IN TOTAL ON ANY CLAIM IS THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO Patriot Destiny® DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED U.S. DOLLARS ($100.00). THAT AMOUNT REPRESENTS YOUR SOLE AND EXCLUSIVE REMEDY.

19.2 Allocation of Risk

You recognise that the prices of our products and memberships reflect the allocation of risk in this Section 19, and that without these limitations we would not enter into these Terms.

20. Indemnification

You agree that you will indemnify, defend and hold harmless Patriot Destiny®, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, service providers and successors from any losses, damages, liabilities or claims, including reasonable attorneys' fees, owed to any third party as a result of or arising out of (1) a breach by you of these Terms or the documents they incorporate by reference, (2) your violation of any law or of any third party's rights, or (3) your access to and use of the Services.

We will let you know about any claim for which indemnification is due, but if we do not do so promptly, you are not relieved of your obligations unless you have been materially prejudiced. We may take control of the defence and settlement of such a claim at your expense, including choosing counsel, though we will not settle a claim that requires non-monetary obligations from you without your consent, and you will not unreasonably withhold that consent. You agree to cooperate in defending indemnified claims, which includes providing relevant documents.

21. One-Year Period to Bring Claims

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, ANY PRODUCT OR ANY MEMBERSHIP MUST, TO THE FULLEST EXTENT ALLOWED BY LAW, BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, OR IT WILL BE PERMANENTLY BARRED. EXCEPT TO THE EXTENT APPLICABLE LAW PROHIBITS IT, THIS TIME LIMIT APPLIES TO EVERY CLAIM, WHETHER IT RESTS ON CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY.

22. Disputes and Binding Arbitration

THIS SECTION DESERVES CAREFUL READING, BECAUSE IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

YOU AND Patriot Destiny® AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED BELOW, EVERY DISPUTE WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS.

22.1 The Arbitration Agreement

As you and Patriot Destiny® agree, any dispute, claim, controversy or cause of action that arises out of or relates to these Terms, the Services, any product, any membership or automatic renewal, any advertising or marketing practice, or any alleged misrepresentation (a "Dispute") will be resolved exclusively through binding, confidential arbitration on an individual basis. The term "Dispute" is to be read broadly.

22.2 Application of the Federal Arbitration Act

These Terms evidence a transaction involving interstate commerce. How this arbitration agreement is interpreted and enforced, and the proceedings held under it, are governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.). The arbitrator will decide all threshold issues of arbitrability, including scope, validity and enforceability.

22.3 Notice Required Before Arbitration

A party wishing to start arbitration must first send a written Notice of Dispute giving its full name, mailing address and the email address associated with the account, describing the claim, and stating the specific relief sought. Send notice to us by email to support@patriotdestiny.com, with "Notice of Dispute" as the subject line. It becomes effective on the date it is sent. We will send notice to you at the email address associated with your account. The parties will make good-faith efforts to resolve the Dispute during the thirty (30) days after notice is given, and no arbitration may be filed by either party until that period has expired.

22.4 Self-Help Remedies

We remain free, despite anything in this Section 22, to exercise lawful self-help remedies, including responding to chargebacks, pursuing collection efforts, suspending or terminating accounts, offsetting amounts owed or enforcing payment obligations as the law permits.

22.5 Conduct of the Arbitration

The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules and heard by a single neutral arbitrator. If the AAA declines to administer it, the parties will mutually select a nationally recognised arbitration provider, and if no agreement is reached, a court will appoint one. The arbitrator can award every remedy available in an individual action under applicable substantive law, including compensatory damages, statutory damages, punitive damages, declaratory relief, injunctive relief and, where a statute or contract authorises them, attorneys' fees. Relief may not be awarded on a class, representative or consolidated basis.

22.6 Arbitration Costs

The AAA Consumer Arbitration Rules determine who pays filing, administration and arbitrator fees. Where those rules require it, we will cover arbitration fees beyond what you would pay to file a comparable action in court. Each party is responsible for its own attorneys' fees, unless the law provides otherwise.

22.7 Exception for Small Claims

Individual actions in small claims court may be brought by either party.

22.8 Equitable and Protective Relief

For claims involving intellectual property, confidential information, unauthorised resale, fraud, misuse of the Services or a violation of these Terms that threatens irreparable harm, we may seek temporary, preliminary or permanent injunctive or equitable relief in a state or federal court. You consent to the exclusive jurisdiction and venue of those courts for these limited purposes.

22.9 Claims for Public Injunctive Relief

Where applicable law prohibits the waiver of a claim for public injunctive relief, such a claim may be brought in a court of competent jurisdiction. All other claims, whether they seek monetary, individualised or non-public injunctive relief, remain subject to binding arbitration.

23. Class Action Waiver

YOU AND Patriot Destiny® AGREE TO BRING ALL DISPUTES ONLY IN AN INDIVIDUAL CAPACITY. ANY RIGHT YOU MAY HAVE TO TAKE PART IN A CLASS ACTION, TO ACT AS A CLASS REPRESENTATIVE OR BE A CLASS MEMBER, TO SERVE AS A PRIVATE ATTORNEY GENERAL, OR TO JOIN OR CONSOLIDATE YOUR CLAIMS WITH THOSE OF ANOTHER PERSON IS WAIVED. NO ARBITRATOR HAS AUTHORITY TO CONDUCT A CLASS, COLLECTIVE, REPRESENTATIVE OR CONSOLIDATED PROCEEDING.

THE WAIVER APPLIES TO EVERY DISPUTE, INCLUDING ONE RELATING TO THE VIP MEMBERSHIP, ITS FREE TRIAL, ITS AUTOMATIC RENEWAL, ANY RECURRING CHARGE, OR ANY DISCLOSURE OR MARKETING PRACTICE CONNECTED WITH THE MEMBERSHIP.

WHERE THIS CLASS ACTION WAIVER IS FOUND UNENFORCEABLE IN RELATION TO A PARTICULAR CLAIM, THAT CLAIM WILL BE SEVERED AND PROCEED IN A COURT OF COMPETENT JURISDICTION, AND EVERY REMAINING CLAIM WILL STAY IN ARBITRATION ON AN INDIVIDUAL BASIS.

24. Mass Action Waiver

Disputes cannot be brought as a "Mass Action". For this purpose, a "Mass Action" means any twenty-five (25) or more similar arbitration demands coordinated by the same or affiliated counsel and filed within one hundred eighty (180) days. Those claims will not be consolidated or administered collectively unless we consent.

24.1 Batching of Claims

When the conditions for a Mass Action are met, claims will be grouped into batches of up to two hundred (200) claimants. One batch proceeds at a time, and a separate arbitrator is appointed for each. Statutes of limitation are tolled throughout the batching period.

24.2 Appointment of a Special Master

To resolve procedural disputes over Mass Action administration, a neutral special master may be appointed.

25. Jury Trial Waiver

WHERE A DISPUTE PROCEEDS IN COURT INSTEAD OF IN ARBITRATION, BOTH YOU AND Patriot Destiny® WAIVE ANY RIGHT TO A JURY TRIAL TO THE FULLEST EXTENT THE LAW PERMITS.

26. How to Opt Out of Arbitration

You have thirty (30) days from your first acceptance of these Terms to opt out of the Section 22 arbitration agreement, the Section 23 class action waiver and the Section 24 mass action waiver. To opt out, email written notice to support@patriotdestiny.com using "Arbitration Opt-Out" as the subject line. Include your name, the email address associated with your account and a clear statement that you intend to opt out. Your other rights and obligations under these Terms are not affected by opting out, and we will not retaliate against you for choosing to do so.

27. Severing Unenforceable Provisions by Claim

Where any part of Sections 22 through 25 is held unenforceable with respect to a specific claim, that claim will proceed in a court of competent jurisdiction, while every other claim stays subject to individual arbitration.

28. Applicable Law

Unless Section 22 provides otherwise, the laws of the State of California govern these Terms and any separate agreements under which we provide Services to you, and they will be construed under those laws without regard to conflict-of-law principles. Subject to Section 22, you and Patriot Destiny® agree to venue and personal jurisdiction in the state and federal courts located in California.

29. Circumstances Beyond Our Control

We will not be liable for any delay or failure in performing an obligation under these Terms that results from causes outside our reasonable control, such as acts of God, natural disasters, pandemics or public health emergencies, labour disputes, supply chain disruptions, governmental actions, war or terrorism, internet service failures, payment processor outages or carrier delays. While any such event continues, our performance is excused.

30. Other Important Terms

30.1 Severability

Should any provision of these Terms be found unlawful, void or unenforceable, it will still be enforceable to the fullest extent applicable law permits, and the unenforceable portion will be deemed severed. The validity and enforceability of the remaining provisions are not affected.

30.2 No Waiver

Not exercising or enforcing a right or provision of these Terms does not mean we have waived our ability to enforce it in the future. Only a waiver in writing, signed by our duly authorised representative, is effective.

30.3 Entire Agreement

The entire and integrated agreement between you and us regarding your use of the Services and your purchase of products consists of these Terms, our Privacy Policy, our Refund Policy and any operating rules we post. It supersedes all prior or contemporaneous agreements, communications and proposals, whether oral or written, including earlier versions of these Terms. No ambiguity will be construed against the party that drafted it.

30.4 Assignment

Without our prior written consent, you may not delegate, transfer or assign these Terms or any of your rights or obligations under them, and any attempt of that kind is null and void. We are free to transfer, assign or delegate these Terms, along with our rights and obligations, without needing your consent or giving you any notice, including in connection with a merger, acquisition, corporate reorganisation or sale of assets, or by operation of law.

30.5 Headings

The headings in these Terms are for convenience only and do not limit or otherwise affect them.

31. Contact Us

Please direct any questions about these Terms to support@patriotdestiny.com.

Patriot Destiny®

• Support email: support@patriotdestiny.com
• Support phone: +1 (833) 404 4459
• Contact page: https://patriotdestiny.com/pages/contact
• Cancellation page: https://patriotdestiny.com/pages/cancel-membership