Your access to the DNA Tactical website ("Site") is subject to these terms and conditions of use ("Terms of Use"), as well as the applicable laws and regulation in the United States. Please read these Terms of Use carefully. The Terms of Use is a contract between you and DNA Tactical Inc. ("Company") for your use of the Site.
As a condition of your use of this Website, you warrant that:
We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement. If you do not accept and agree to be bound by these Terms of Use, you are not authorized to access or use this Site or any information contained on the Site.
DNA Tactical reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time. It is your responsibility to periodically check these Terms of Use for any updates and changes. Your continued use of the Site following the posting of any changes means that you accept and agree to all updates and changes.
DNA Tactical respects your privacy and permits you to control the treatment of your personal information. A complete statement of our current Privacy Policy can be found by clicking here. Our Privacy Policy is expressly incorporated into this Agreement by this reference.
DNA Tactical hereby expressly incorporates by reference our Returns and Exchanges Policies which can be found by clicking here and our shipping and delivery policy which can be found by clicking here. Please note, by completing a purchase on our Site, you agree to comply with all local, state, and federal laws ? including, but not limited to those specifically delineated in our Shipping and Delivery policy.
You agree to give us an opportunity to resolve any disputes or claims relating in any way to the Website, any dealings with our customer service agents, any services or products provided, any representations made by us, or our Privacy Policy ("Claims") by contacting our Customer Service Department at 1-800-362-5201. If we are not able to resolve your Claims within 60 days, you may seek relief through arbitration, as set forth below.
Any and all Claims will be resolved by binding arbitration, rather than in court. This includes any Claims you assert against us, our subsidiaries, suppliers or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted this Agreement regardless of whether prior versions of the Agreement required arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys' fees and costs), and must follow and enforce these Agreement as a court would.
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except as provided in this section. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in Nevada.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.
Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Site (or any part thereof) from time to time, for any or no reason and without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
Company tries to ensure that all of the information contained herein is accurate, complete and current. However, there may be instances when information about an item contains inaccurate or incomplete data, including data about the item's price or availability due to a typographical or other error. Company reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted, confirmed, and/or charged. Company cannot guarantee the availability of a product at any given time or in any given locale.
Any prices, availability, features, specifications, and promotional offers that may be referenced herein are subject to change at any time without notice. Weights and measurements are approximate. Company does not guarantee that product images, if applicable, are represented with perfect accuracy. Variations in color, size, and other specifications or features may occur. If you have any questions about product appearance/specifications, please contact the Company before placing your order. Other product limitations and disclaimers may apply.
COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED HEREIN, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAWS. UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR RELIANCE ON ANY INFORMATION CONTAINED HEREIN, EVEN IF COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES.
While Company strives for the Site to be accessible on most devices, Company makes no representations, warranties or assurances as to the availability of the Site. Portions of the Site may be available only by secure login and may require you to create an account and a password. If you elect to do so, you must be at least 18 years of age, must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and must choose a password and username. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all of your account activities. You agree to: (a) immediately notify Company of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Company or another party due to someone else using your account or password. You may not use anyone else's account at any time.
You will not provide any false information on the Site, or create an account for anyone other than yourself without permission. If you select a username or similar identifier for your account, Company reserves the right to remove or reclaim as Company deems appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
DNA Tactical welcomes your comments regarding the Site, its products, and its services, which might include personal information about you and your use of the Site. Please review the Privacy Policy for more information.
You expressly represent and warrant that no information or material you transmit to the Site will violate anyone else's right, including copyright, trademark, privacy or other rights. You may not transmit any information that is or contains threatening, libelous, defamatory, scandalous, inflammatory, pornographic, profane, or otherwise unlawful, abusive or obscene material, as determined by Company in its sole discretion, or material that contains any computer virus or other malware that could in any way affect the operation of the Site. You will be solely responsible for the content of any submissions you might make. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Company or third parties as to the origin of any Comments. Company is not responsible or liable for the content of information that others post at or transmit to the Site, for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography or profanity contained in any such information, or for the conduct of any Site user.
Company neither actively monitors general use of this Site under normal circumstances nor exercises editorial control over the content of any third party's website, e-mail transmission, news group, or other material created or accessible over or through this Site. However, Company does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in Company's sole discretion, may be illegal, may subject Company to liability, may violate these Terms of Use, or are, in the sole discretion of Company, inconsistent with Company's purpose for the Site.
You may not print, download and use the underlying HTML, text, audio clips, video clips and other content that is made available to you on these Sites, for any use other than for your personal information.
Without limiting the foregoing, you may not:
DNA Tactical imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation: (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by DNA Tactical in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
You are prohibited from posting on or transmitting through the Site any material or content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or offensive, or that is otherwise objectionable, including, but not limited to, any material or content encouraging conduct that may constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
Sending unsolicited email advertisements through the Site or Company's computer system is expressly prohibited by these Terms of Use. Any unauthorized use of the Site or Company's computer system is a violation of these Terms of Services and federal and state laws, including without limitation, the Computer Fraud and Abuse Act (18 U.S.C.A, §§ 1030 et seq.). Such violations may subject the sender and its agents to civil and criminal penalties.
Trademarks. The Company's trademarks, service marks, brand names, and logos ("Marks") that appear on the Site are owned or licensed by Company. Nothing herein shall be construed as granting any license or right to use the Marks without the express written permission of the owner. Any use of them without prior written authorization of Company or the relevant trademark owner is strictly prohibited. You may not frame or utilize framing techniques to enclose any Marks or use any meta tags or any other "hidden text" utilizing the Marks without the express written consent of the Owner.
Company is not affiliated with any of the third party trademarks used on the Site or any of their respective owners. Any third party trademarks used or referenced on this Site, which are not those of Company, are the trademarks of their respective owners. The display of these trademarks or trade names on this Site does not convey or create any license or other rights in these trademarks or trade names.
Copyright. Copyrights in content provided on the Site, including, but not limited to, images, video, photos, electronic art, animations, graphics, sounds, audio, information and data, communication programs, electronic mail services, and user interfaces, executable code, and data formatted, organized, and collected in a variety of forms, including layouts, pages, screens, directories, and databases (hereafter "Copyrighted Works") are exclusively owned or licensed by Company, and are protected by U.S. and international copyright laws. Except as stated herein, you agree that you will not copy, reproduce, modify, alter, create derivative works from, distribute, display, post, or transmit any Copyrighted Works (except for your personal, private, non-commercial use) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Company and any appropriate third party. Any unauthorized copying, redistribution, reproduction or modification of the contents of this Sites may be a violation of federal, state or common law trademark and/or copyright laws, and could subject such person to legal action.
Confidential Information. Do not use the Site as a means of submitting information you consider to be confidential or proprietary unless you are placing an order in which case some personal information is required. Except as otherwise expressly provided herein or in a written agreement with Company, any submission of material by you will be considered a contribution to Company for further use in its sole discretion, regardless of any proprietary claims or reservation of rights noted in the submission. Accordingly, you agree that any material, including but not limited to questions, comments, suggestions, ideas, inventions, plans, notes, drawings, ratings, reviews, photos, original or creative materials or other information, provided by you in the form of e-mail or submissions to Company, or postings on the Site, are non-confidential (subject to the Privacy Policy) and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of this material for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any material to Company irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.
Infringement Notice. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information:
Notices with respect to this Website should be sent to:
Email: Customer Care
DNA Tactical, Inc.
Attn: Privacy Office
3111 S. Valley View Blvd., Ste. #B-105
Las Vegas, NV 89102
We will review and address all notices that comply with the requirements above. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that you may be liable for damages if you make a false claim of copyright infringement.
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.
The Site may provide links to other websites maintained by third parties. You access these sites at your own risk. You acknowledge and agree that such links are provided for your convenience only and do not reflect any endorsement, affiliation, relationship, or sponsorship by DNA Tactical with respect to the provider of such linked website or the quality, reliability, or any other characteristic or feature of such linked website. You further acknowledge and agree that Company is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any matter associated with the linked site, including without limitation, the content or practices of a third party provided on or through any such linked site or your reliance thereon.
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED WEBSITE. YOUR USE OF ANY LINKED WEBSITE IS SOLELY AT YOUR OWN RISK. We may not even be aware that a third party has linked to the Site. This Site may also be linked to other websites operated by companies affiliated or connected with Company. However, be sure to refer to the policies associated with each individual website. Even if the third party is affiliated with Company, Company has no control over these linked websites, all of which have separate privacy and data collection practices, independent of Company.
DNA Tactical expressly disclaims any warranties for services or goods received through or advertised on the Site or received through any links provided on the Site, as well as for any information or advice received through the site or through any links provided on the site. You must contact us before creating hypertext links to this Site. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of DNA Tactical, including its respective employees, agents, directors, officers and shareholders.
When you visit this Site or send email to Company, you are communicating with Company electronically and consent to receive communications from Company electronically. Company may communicate with you by e-mail or by posting notices on this Site, and you agree that all agreements, notices, disclosures and other communications that Company provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by Company electronically are deemed to be given and received on the date Company transmits any such electronic communication as described in these Terms of Use.
This Site may be administered and operated from various locations within or outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Company reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, this is on your own initiative and you are solely responsible for complying with applicable local laws.
DNA Tactical is making the site available "As Is" without warranty of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, the Site. To the maximum extent permitted by law, we expressly disclaim any and all warranties, express or implied, regarding the site, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Site or the service will meet you requirements or that the operation of the Site or service will be uninterrupted or error-free.
Under no circumstances, including, but not limited to the negligence of DNA Tactical, its agents or service providers, shall DNA Tactical, its agents or service providers be liable for any consequential, direct, incidental, indirect, punitive, or special damages that result from (a) the use of, (b) the inability to use, or (c) errors or omissions in the contents and functions of, the Site, even if DNA Tactical or any of its agents or service providers has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of consequential or incidental damages, so the above limitation or exclusion may not apply to you. In no event shall the total liability of DNA Tactical, its agents, or service providers to you for all damages, losses, and causes of action (whether in contract of tort, including but not limited to, negligence or otherwise) exceed $100.00.
If you purchase products or services from Company through the Site, your sole and exclusive remedy, and Company's sole and exclusive liability, for any breach of warranty shall be your right to return the product or receive a refund for the service under the Return Policy. IN NO EVENT SHALL COMPANY BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITES EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE.
DNA Tactical may terminate these Terms of Use immediately by written notice to you if: you commit a material or persistent breach of these Terms of Use; or Company, at its sole discretion, decides to withdraw the Site whether in whole or in part.
Upon termination for any reason: 1) all rights granted to you in the under these Terms of Use shall cease; and 2) you must cease all use of the Site.
These Terms of Use are binding on you and us, and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of these Terms of Use, or any of your rights or obligations arising under these Terms of Use, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms of Use, or any of our rights or obligations arising under these Terms of Use, at any time during the term of these Terms of Use.
If we fail, at any time during the term of these Terms of Use, to insist upon strict performance of any of your obligations under these Terms of Use, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms of Use, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms of Use shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
You agree to indemnify, defend, and hold harmless DNA Tactical, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. DNA Tactical will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
These Terms of Use shall be governed by the laws of the State of Nevada, without regard to conflicts of law provisions. The parties agree that the exclusive jurisdiction of any dispute arising out of, or relating to, the Terms of Use, the Privacy Policy, your use of the Site, any transaction between you and Company, the products, or services provided in connection therewith shall be in the state and federal courts located in Las Vegas, Nevada. Your use of the Site constitutes your consent to the jurisdiction and venue of said courts with respect to such dispute.
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
If you are visiting our website from outside the United States, please be aware that DNA Tactical makes no representation that the Site, including merchandise and their copyrights, trademarks, patents and licensing arrangements, are appropriate or available for use in locations other than the United States of America. Those who choose to access the Site from locations outside of the U.S. do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
From time to time there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
This Terms of Use shall inure to the benefit of Company and its subsidiaries and affiliates. The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third party content or third party software on or through a link provided on the Site.
Company may assign its rights and duties under this Terms of Use to any party at any time without notice to you.
If you have any questions, comments or concerns about Terms of Use or any other policy, please email us or write to us at:
Email: Customer Care
DNA Tactical, Inc.
Attn: Privacy Office
3111 S. Valley View Blvd.
Suite B-105
Las Vegas, NV 89102
BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
This Terms of Use is effective as of 07/01/2015.
© 2015 DNA TACTICAL INC. ALL RIGHTS RESERVED.
