LAST MODIFIED ON: SEPT 28, 2020
Defiance Machine Inc. (referred to as “Defiance”, “we”, “us” and “our”) owns and operates the website ( www.defiancemachine.com ) (“Site”) that informs, markets, and sells to its customers firearm components, firearm accessories, merchandise, and other products made available on the Site (collectively, “Product”).
2. THE SERVICE
If you are under 18 years of age, or the age of majority in your location, you may use the Service only with the supervision and consent of a parent or legal guardian. By using the Service you represent that you either (i) are 18 years of age, or the age of majority in your location, or older, or (ii) have received consent from your parent or legal guardian to access the Service.
A breach or violation of any of these Terms will result in termination of your Service.
3. GENERAL CONDITIONS
We reserve the right to refuse a Product to anyone for any reason at any time.
You understand that your content (not including credit card information), might be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card transactions are processed through Authorize.net and are encrypted during transfer over networks.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
4. CUSTOMER ACCOUNTS
Certain parts of the Site or the Service, such as Product purchases, might require you to create an account with our Site. When creating your account, you must provide accurate and complete information. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Defiance reserves the right to refuse, suspend, or terminate your account for any reason at its sole discretion.
You are solely responsible for maintaining the confidentiality of your login name and password, and you must keep your account password secure. You accept sole responsibility for all activities, charges, loss, and damages that might occur under your account. You may change your password at any time by updating your account information. In addition, you agree to immediately notify Defiance of any unauthorized use of your password or account or any other breach of security. Defiance cannot and will not be liable for any loss or damage arising from your failure to comply with this section. If we request certain registration information from you, you must provide us with accurate and complete information.
Your account enables you to utilize the Service and such account shall be restricted to one individual only. You are not allowed to use another user’s account. There is no fee or charge for you to create an account. In the event Defiance discovers that you have more than one individual using your account, in addition to any other rights that Defiance might have, Defiance reserves the right to suspend or terminate your account and collect any outstanding debts from your use of the Site.
5. MODIFICATIONS TO THE PRODUCTS AND PRICES
Prices for the Products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice to you. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service or any Product.
6. PRODUCTS OR SERVICES
We reserve the right, but are not obligated, to limit the sales of Product to any person, organization, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of Product that we offer. All Product descriptions or pricing is subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any offer for any Product made on the Site is void where prohibited.
We reserve the right to refuse or limit any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per company, or per order. These restrictions might include orders placed by or under the same account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
7. PERSONAL INFORMATION
8. ERRORS, INACCURACIES, AND OMISSIONS
Because our focus is on production and customer service, occasionally there might be information on the Site, information on our social media, posts, or comments by us on other web sites, or provided with the Service that contain typographical errors, inaccuracies, or omissions that might relate to Product such as the descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website or social media pages is inaccurate at any time without prior notice (including after you have submitted your order).
We are not responsible if information made available on the Site is not accurate, complete, or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this Site is at your own risk.
We undertake no obligation to update, amend, or clarify information in the Service or on any related website or social media page, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website or social media page should be taken to indicate that all information in the Service or on any related website or social media page has been modified or updated.
9. PROHIBITED USES
10. BRAND GUIDELINES
Defiance’s intellectual property is an important and valuable asset that we closely monitor and enforce. You may use Defiance’s trademarks only to refer to our Service, and/or to provide a link to our Site. Any use of Defiance’s trademarks must be in accordance with our Brand Guidelines . Any other use of Defiance’s trademarks is a direct infringement of our intellectual property rights and requires written permission from Defiance. Please see our Brand Guidelines for more information or contact us here to inquire about the use of our trademarks: [email protected]
11. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of the Service will be uninterrupted, timely, secure, or error-free. We have the right to remove the Service for indefinite periods of time or terminate the Service, without notice to you.
You expressly agree that your use of or inability to use the Service is at your sole risk. The Service and any Product delivered to you through the Site are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Defiance, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or Product, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
17. DEFIANCE CONTACT INFORMATION