Term of Use Updates
Similarly, we reserve the right to update the Website from time to time in our sole discretion. Among other things, this means we can make improvements by adding, deleting, and modifying information, features, tools, and functionality. We reserve the right to (a) monitor each Website user’s usage and (b) contact you to solicit information that would assist us in improving the overall user experience. Notwithstanding the foregoing, the Company does not represent or warrant that the contents of the Website will be up-to-date and complete from time to time, and the Company has no obligation to make any updates (nor even to keep the Website online).
Email. By entering your email when you register for Website Services, you agree to receive emails directly from SAFE LIFE DEFENSE. You may unsubscribe from marketing communications at any time.
SMS Messages. By providing your mobile phone number you hereby consent to the receipt of notifications via short messages services (“SMS”), which may be subject to fees and costs charged by your cell phone provider. You may opt-out by unsubscribing in response to SMS, contacting email@example.com, or as available through the message preferences on your mobile phone’s notifications/settings tab.
You will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Website and/or Website Services or any software, documentation or data related thereto. You will not sell, resell, license, sublicense, distribute, rent or lease the Website or Website Services to any third party for any purpose, commercial or otherwise.
Hardware & Internet Connection
You are solely responsible for obtaining all of the devices, hardware, and internet connection necessary to access the Website.
We reserve the right to withdraw the Website or move it “offline,” in our sole discretion. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any reason. From time to time, we may restrict access to some parts of the Website, or the entire Website, to all or just certain users, including you.
Registration; Security Measures.
you will provide a valid email address and create a reasonably unique and secure username and password, neither of which will contain offensive language;
you will reasonably protect the confidentiality of your username and password;
you will update your personal details in your registration from time to time, if the information changes;
our registration account is personal to you, and you will not provide any other person with access to the Website using your user name, password or other security information;
you will exit from your account at the end of each session;
you will immediately notify us of any unauthorized access to, or use of, your user name or password or any other breach of security; and
you will use particular caution when accessing your account from a public or shared computer, device, or network, so others are not able to view or record your password or other personal information.
Permitted & Prohibited Purposes
The Company is providing you with access to the Website for the sole, limited purpose of providing you with background information regarding the Company and its products in order to facilitate your purchase of those products (the “Permitted Purpose”). You may not access or use the Website for any other purpose. Under no circumstances may you access or use the Website for any illegal or unlawful purpose. Additionally, under no circumstances may you access or use the Website:
to interfere with anyone else’s use or enjoyment of the Website;
to potentially harm the Company or other users of the Website, or potentially expose them to liability, or to abuse, harass, intimidate, or threaten them;
to impersonate the Company, a Company employee, another user or any other person or entity, including tampering with the Website’s administrative functions or attempting to gain unauthorized access;
to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
to email, transmit, upload, post or in some way introduce any viruses, trojan horses, worms, logic bombs, or other harmful code into the Company’s software or hardware, or otherwise disable, overburden, damage, or impair the Website (e.g., by deactivating, bypassing, or circumventing any access controls or security measures);
to use automated means (e.g., “bots,” robots, parser, spiders or screen scrapers) to collect or harvest Website information; or
to exploit or harm minors or vulnerable populations in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
All purchases through the Website by you are governed by the purchase order, terms of sale, or other terms and conditions applying thereto.
This Website is only intended for use by persons in the United States of America and its territories. We make no claim that the Website is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative, without our authorization or assistance, and at your own risk.
Product Protection Clause
As we provide product warranties to protect your investment, we also provide optional Product Protection over your order to ensure a successful delivery and use. If you are unable to use the product for any reason within 30 days, including but not limited to due to it being lost or damaged during the shipping and handling period or otherwise unable to be used within 30 days after shipping from Safe Life, Safe Life will replace your order upon your filing a claim with Safe Life and if applicable, returning any unused product in its original packaging. Safe Life will not issue refunds for lost or damaged orders, but instead Safe Life will reship your order free of charge once your claim has been approved. The 30-day Product Protection period begins on the day your order is shipped from our facility. The fee for such Product Protection will be charged at time of checkout and is an optional fee that you can choose to add to your cart for the Product Protection as stated herein. Product Protection is currently not available for international orders or for any orders placed where the end destination is not in the United States of America. Upon filing a Product Protection claim, Safe Life has at least five (5) business days to investigate your claim and process a replacement order if it deems the claim to be valid. For any orders missing as a result of theft, excluding shipment and delivery inaccuracies, Safe Life will require a signed affidavit to process your Product Protection claim. For “porch pirate” claims, Safe Life will require you to complete and sign an official statement, pledging such orders claiming to be lost or stolen are not the result of fraud. If such claims are to be deemed fraudulent, you may be responsible for not only the cost of the product but also any and all fees incurred by Safe Life regarding your order, including but not limited to attorneys’ fees and costs needed to take legal action for any fraudulent conduct.
As Is Website & Information; Liability Limitations; Indemnification
No Professional Advice.
None of the SLD Information constitutes legal, financial, banking, insurance, accounting, tax, or other professional advice. The SLD Information is not intended to substitute for: (a) your prudent and reasonable consideration of all relevant factors and circumstances; and (b) your consultation with professional advisors and consultants.
Intellectual Property Rights
The Website (and all of its information, features, tools, and functionality) are solely and exclusively owned by (or licensed to) the Company, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws. You are prohibited from reproducing, distributing, modifying, creating derivative works of, publicly displaying, republishing, downloading, storing or transmitting any SLD Information or portions of the Website, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download copies of pages of the Website, if for the Permitted Purpose.
Third-Party Links; Social Media
You may link to our Website homepage, provided you do so in a way that is fair and legal, does not damage our reputation or take advantage of the Company, and is intended to benefit the Company and not any other commercial enterprise. If our Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked on the Company’s Website, you do so at your own risk and subject to the terms and conditions of use for such websites. If the Website allows you to use any social media features (e.g., allowing you to share a link to the Website on social media or other third-party-hosted websites), you will only do so for the Permitted Purpose. You must not do so in a manner which causes the Website or portions of it to be displayed on, or appear to be displayed by, any other site (e.g., framing, deep linking, or in-line linking). You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our sole discretion.
Mobile Messaging (SMS/MMS) Program
From time to time we may offer one or more mobile messaging programs (collectively, the “Program”), which you agree to use and participate in subject to this Section 15. Without limiting the scope of the Program, users opting in can expect to receive messages concerning the marketing and sale of [Body Armor, Bundles, Carriers, Rifle Plates, Belts &; Accessories]. The Program may allow you to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms, or otherwise participating in the Program. By opting into or participating in the Program, you accept and agree as follows:
Fees. Message and data rates may apply.
Auto-Messaging. You may receive autodialed or prerecorded marketing mobile messages on the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from us. While you consent to receive messages sent using an autodialer, that shall not imply or require that any or all of our mobile messages will e sent using an automatic telephone dialing system (“ATDS” or “autodialer”). The Program may involve recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.
Support. For support regarding the Program, text “HELP” to the number you receive messages from or email us at [support@SafeLifeDefense.com]. Again, though, that is not an acceptable method of opting out of the program.
MMS Disclosure. The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Participant Requirements; Disclaimer. You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions. The Program may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control.
Prohibited Content. You shall not send any prohibited content over the Platform. Prohibited content includes, for example, (i) fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; (ii) objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; (c) pirated computer programs, viruses, worms, Trojan horses, or other harmful code; (d) any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; (e) any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act or the Health Information Technology for Economic and Clinical Health Act; and (f) any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.
Important Legal Matters
In the event a Dispute arises, the parties shall first endeavor (i) to resolve the Dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures, and (ii) if not resolved in that mediation, to settle it by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Claims shall be heard by a single arbitrator, unless the claim amount exceeds $100,000, in which case the dispute shall be heard by a panel of three arbitrators. The place of arbitration shall be Las Vegas, Nevada. Either party may enter the arbitral award in any court having jurisdiction thereof. Hearings will take place pursuant to the standard procedures of the Commercial Arbitration Rules that contemplate in person hearings. The arbitrator(s) shall award to the prevailing party, if any, as determined by the arbitrators, all of their costs and fees. “Costs and fees” mean all reasonable pre-award expenses of the arbitration, including the arbitrators’ fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys’ fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above. Each party acknowledges and agrees that this arbitration provision WAIVES SUCH PARTY’S RIGHT TO A JURY TRIAL. This jury-trial waiver is made knowingly, voluntarily, and intentionally after a reasonable opportunity of each party to consult its legal counsel.
Statute of Limitations.
Any claim which a party may have in any Dispute must be commenced within the later of (i) one (1) year of the cause of action accruing or (ii) if the other party files a claim within the last thirty (30) days of that one (1) year, then within thirty (30) days after the filing of the other party’s claim, or else the claim is permanently time-barred.
No Class Actions.
All Disputes shall be resolved solely and exclusively on an individual basis. EACH PARTY ACKNOWLEDGES AND AGREES THAT IT MAY ONLY BRING CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING. This class-action waiver is made knowingly, voluntarily, and intentionally after a reasonable opportunity of each party to consult its legal counsel.
Full Agreement (Integration).