TERMS AND CONDITIONS
These Terms of Use (this “Agreement”) state the terms and conditions under which you may access or browse the Definitive Arms Website (the “Website”) and govern your use of the Website. By using the Website, you agree to be bound by this Agreement, whether you are simply accessing or browsing the Website or you are purchasing products or services offered for sale on the Website (“Products”) as a customer. If you wish to access or browse this site, shop for or purchase Products, please read these Terms of Use carefully. If you object to anything in this Agreement or the Definitive Arms Privacy Policy, you should leave the Definitive Arms Website.
A. Electronic Agreement/Modification. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your purchase of Products or Services. By accessing the Website or becoming a customer, you consent to have this Agreement provided to you in electronic form. This Agreement includes Definitive Arms Privacy Policy and any notices regarding the Website. By accessing the Website, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
B. Modification. This Agreement may be modified by Definitive Arms at its sole discretion from time to time, such modifications to be effective upon posting by Definitive Arms on the Website and your use of the Website after such posting will constitute acceptance by you of such changes. Please consult this Agreement regularly. This Agreement was last updated on December 10, 2018.
C. Access and Retention. A link to this Agreement will be found on the Definitive Arms homepage. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all software and equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device or service. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
ACCEPTANCE OF TERMS OF USE AGREEMENT
ELIGIBILITY
You must be at least eighteen (18) years of age to purchase Products, or use the Website. By using the Website, you represent and warrant that: (a) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (b) you are 18 years of age or older; and (c) your use of the Website does not violate any applicable law or regulation.
WEBSITE CONTENTS
Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and/or availability. Definitive Arms reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Definitive Arms apologizes for any inconvenience this may cause you. The prices displayed on the Website are quoted in U.S. dollars and are valid and effective only in the U.S.
ELECTRONIC COMMUNICATIONS
When you visit the Website or send e-mails to Definitive Arms, you are communicating electronically. You consent to receive communications from Definitive Arms electronically. Definitive Arms will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. You also agree that by communicating with Definitive Arms, you consent to receiving e-mails, phone calls, text messages and written correspondence from Definitive Arms.
INTELLECTUAL PROPERTY AND LICENSE/SITE ACCESS
Definitive Arms owns and retains all proprietary rights in the Website. Except as otherwise expressly noted, all Products, images, illustrations, designs (including Product designs), graphics, LOGOs, icons, photographs, text, audio clips, video clips and other materials that appear as part of the Website as well as the selection, arrangement and organization of the foregoing and the Website as a whole (collectively, ‘Content’) are subject to copyright, trademark, service mark, trade dress, and/or other intellectual property rights or licenses and rights of publicity and privacy, all worldwide rights, titles and interests in and to which are owned by or licensed to Definitive Arms or its suppliers. All software used on this Website is the property of Definitive Arms or its suppliers and is protected by U.S. and international copyright and other intellectual property laws. Definitive Arms is a registered trademark of Definitive Arms LLC.
“Definitive”, “DA”, “Definitive Arms”, and other Website graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of Definitive Arms in the U.S. and/or other countries. Definitive Arms trademarks and trade dress may not be used in connection with any product or service that is not Definitive Arms, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Definitive Arms. All other trademarks not owned by Definitive Arms that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Definitive Arms. References on the Website to the trademarks, service marks, trade names, products, company names or services of third parties are provided for your convenience and do not in any way constitute or imply an endorsement or recommendation of that third party or its products or services by Definitive Arms.
Definitive Arms grants you a limited license to access and make personal use of the Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Definitive Arms. The Content of the Website, the Website as a whole and the software are intended solely for personal, non-commercial use by you. You may not: (a) modify or create any derivative work based on the Content or use the Content, in whole or in part, for any commercial purpose or for any public display, performance, sale, rental, outsourcing or other commercial exploitation; (b) remove or alter any copyright, trademark or other proprietary notices from the Content; (c) transfer the Content to another person; or (d) reproduce the Content, the Website or the software, in whole or in part, as expressly provided herein. You agree to prevent any unauthorized copying of the Content or software. Using bots, spiders, other indexing agents or any other device to copy any part of this web site or use of any technology or other means to hide your identity when accessing this web site are also strictly prohibited. You agree you will impose only that load on this web site which is necessary for your use in deciding whether to purchase products from us and in purchasing products from us Any unauthorized use, change of information, or interference with the availability of, access to proper working of or security measures on this web site is strictly prohibited. Definitive Arms reserves all rights not expressly granted herein.
METATAGS, HIDDEN TEXT, LINKING OR FRAMING ONLINE
Definitive Arms expressly prohibits any use of its trademarks, trade names or brand names in metatags, keywords and/or hidden text online. The use of Definitive Arms trademarks, trade names or brand names in metatags, keywords or hidden text constitutes trademark infringement, and the use of any of the foregoing for purposes of gaining higher rankings in search engines constitutes unfair competition. Linking to the Website, or any page or portion thereof, without the prior written consent of Definitive Arms is expressly prohibited. Likewise, framing, in-line linking or other methods of association of the Website or its content with any other site, advertisement, link or other information or materials not originating from this Website is expressly prohibited, unless specifically authorized or required in writing by Definitive Arms.
LINKS TO THIRD PARTY SITES
Definitive Arms may provide links to other World Wide Web sites or resources. Because Definitive Arms has no control over such sites and resources, you acknowledge and agree that Definitive Arms is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Definitive Arms shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource. We do not control the privacy policies or practices of these Websites. You should review those policies before providing any personal information. Definitive Arms is not responsible for the content or practices of any linked Websites and provides these links solely for navigation convenience to visitors.
PRODUCT COLORS AND FINISH
Definitive Arms has made every effort to display as accurately as possible the colors and finish of the Products that appear on the Website. However, the actual colors finish you see will depend on your monitor or screen.
WEBSITE WARRANTY LIMITATION
Except for those warranties expressly provided herein, you hereby acknowledge and agree that Definitive Arms (including officers, employees, agents, directors and independent contractors of Definitive Arms) has not made any other warranties, express or implied, concerning the Website or the Products. The website and all information, content, materials (including software) and services included on or otherwise made available to you through this site are provided by Definitive Arms on an “as is” and “as available” basis, unless otherwise specified in writing.
DISCLAIMER OF LIABILITY
In no event shall Definitive Arms or any of its officers, directors, shareholders, employees, distributors, affiliates, subsidiaries, agents or representatives, be in any way liable to you or any party for any direct, indirect, general, compensatory, incidental, special, punitive, consequential or exemplary damages, or any other damages whatsoever, arising from, or relating to, the use of or inability to use the website or the content, materials and functions thereof, or of any linked website, or any product or service linked on the website, or otherwise relating hereto, regardless of whether the same are foreseeable or if Definitive Arms was advised of the possibility of such damages.
You acknowledge, by your use of the website, that your use is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing, repairs or replacement of any equipment, hardware, software or data you use in connection with your use of the website and that Definitive Arms shall not be liable for any damages of any kind related to your use of, or inability to use, the website.
Definitive Arms makes no representation or warranty that the website, content, software or any product offered or purchased through the website is applicable or appropriate for use or access in locations outside of the United States.
Notwithstanding anything to the contrary contained herein, Definitive Arms liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Definitive Arms for the products purchased.
INDEMNIFICATION
You agree to indemnify and hold Definitive Arms, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, damages, claim, action, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the products in violation of this Agreement and/or arising from any use of this website. You warrant, represent and agree: (1) to comply with all laws; (2) that our sale and shipment of any product ordered by you will not, by export thereof, your legal status or otherwise, cause us to violate any law; and (3) to indemnify us against any losses and costs incurred from a failure by you to comply with any law or these terms and conditions or from any unlawful use by anyone of any product ordered by you.
FORCE MAJEURE
Definitive Arms shall not be liable for failing to perform its obligations hereunder because of circumstances reasonably beyond the control of Definitive Arms. Such circumstances shall include (without limitation) any acts or omissions of any government or governmental authority, natural disaster, act of a public enemy, acts of terrorism, riot, sabotage, labor disputes, power failure, delays in transportation or deliveries of supplies or materials, acts of God, computer failure, hardware failure, telecommunications failure, software failure, failure of users to cooperate with the reasonable requests of Definitive Arms, breach of this Agreement by users, and any other events reasonably beyond the control of Definitive Arms.
CONSENT TO JURISDICTION, FORUM SELECTION AND CHOICE OF LAW
By using the Website you expressly agree that if there is any dispute arising out of the Website and/or the Products, or in the event of any judicial action arising directly, indirectly, or otherwise in connection with, out of, related to or from this Agreement or any transaction covered hereby or otherwise arising in connection with the relationship between the parties, regardless of whether such action is brought under contract, tort, statute or otherwise, any such dispute shall be governed by the laws of the State of Indiana, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Indiana, for the resolution of any such dispute. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. You hereby waive any right you may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulate that the State and Federal courts located in the State of Indiana shall have in personam jurisdiction and venue over you for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.
ENTIRE AGREEMENT
This Agreement contains the entire agreement between you and Definitive Arms regarding the use of the Website. The Privacy Policy Statement (as modified by Definitive Arms from time to time) is incorporated herein by this reference and made a part of this Agreement.
SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
CAPTIONS
The headings and captions of this Agreement are inserted for convenience of reference and do not define, limit or describe the scope or intent of this Agreement or any particular section, paragraph, or provision.
Please contact us with any questions regarding this Agreement.
BY USING THIS WEBSITE, YOU ACKNOWLEDGE YOU HAVE READ THIS AGREEMENT AND UNDERSTAND AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
PRIVACY POLICY
Definitive Arms wants to make your online experience pleasant, convenient and safe. “Personal information” is information about an identifiable individual, which includes name, address, e-mail address, telephone number, and other information that is identifiable to you, as more particularly defined by privacy legislation. By using our Website, or by providing us with your personal information when you interact with us, you signify your agreement and acceptance to the conditions stated in our Privacy Policy and our Terms of Use. This Privacy Policy does not apply to information provided to us in connection with employment opportunities.
WHAT KIND OF INFORMATION DOES DEFINITIVE ARMS COLLECT?
Definitive Arms collects the personal information you provide us in connection with your purchase transaction, such as your name, address, e-mail and telephone number. We also collect and maintain records and history about customers’ purchases and product preferences. If you pay by credit card, debit card or check, you provide us or our partners with your account information. If you return merchandise or request a refund or exchange, you provide us with your personal information.
HOW DOES DEFINITIVE ARMS USE MY INFORMATION?
When we collect information from you, such information may be used for one or more of the following reasons:
- process and complete your purchase transaction
- identify your product and service preferences so that we can notify you of new or additional products, services and promotions that might be of interest to you
- improve product offerings and customer service
- notify you about new services, features, promotions and special offers that Definitive Arms thinks you will find valuable
- respond to your inquiries
- measure the advertising effectiveness of our online and other advertisements and offers
- to conduct research
- help us understand Website activity and improve your use of our Website
- to collect aggregated site-visitation statistics
- help us prevent fraud and minimize credit risk.
In order for us to maintain the accuracy of your personal information and improve our communication with you, we may also combine the information we collect with other public demographic information. On rare occasions we may also be required to disclose your information as is required by law pursuant to lawful requests such as subpoenas, court or agency orders, or as we may reasonably determine to be necessary to protect our rights or the rights of others, to avert harm to persons or property, or to enforce the Website Terms of Use or this Privacy Policy.
HOW DOES DEFINITIVE ARMS USE “COOKIES”?
We and some of our third-party service providers use “cookies”. A “cookie” is a small text file written by an Internet server to a Website user’s browser where information is exchanged between them, and which is stored on a computer’s hard drive to allow us to recognize and track users on our Website to assist us in providing our customers with a productive online experience. Cookies enable us to store information about your use of our Website, such as the areas you visit and the length of your stay. Most browsers are initially set up to accept cookies and can be reset by using the ‘Help’ portion of the toolbar to refuse all cookies or indicate when a cookie is being sent. Should you choose to disable any cookies associated with the Website, you will not be able to take full advantage of all the Website’s features, but you should be able to navigate the Website without difficulty.
DOES DEFINITIVE ARMS SHARE MY INFORMATION WITH THIRD PARTIES?
We may share certain personal information we collect about you with third parties who perform services for us or with whom we contract for the purposes described in this Privacy Policy. For example; we may use third parties to host our Website, operate certain features, authorize and process your payments, transport and deliver your order, and analyze data and our advertising effectiveness. These third-party service providers are given only the information they need to perform their designated functions and we do not authorize them to use or disclose your personal information for their own or any others’ marketing purposes.
Your information may also be transferred as an asset in connection with a merger or sale involving all or part of Definitive Arms or as part of a corporate reorganization, stock sale or other change in corporate control.
IS MY INFORMATION SECURE WITH DEFINITIVE ARMS?
Protecting your personal information is important to us. Definitive Arms provides physical access security and electronic security measures to protect and backup our computing assets. For credit card purchases, Definitive Arms utilizes third party merchant processing services. Definitive Arms DOES NOT retain your credit card information following the completion of your transaction with the merchant processing service. We use Secure Sockets Layer (SSL) technology to protect your payment information as it is transmitted over the Internet to the merchant processing service.
Due to the possibility of transmission errors, hacking or other unauthorized third party activities, we cannot guarantee that data on our site will remain secure. If we become aware of a security breach involving this web site, Definitive Arms will make all legally required disclosures, consistent with our ability to determine the scope of the breach, our need to restore the integrity of the system and the needs of law enforcement.
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