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TERMS AND CONDITIONS OF USE

Last Modified Date: 8/12/2022


1.  Acceptance of the Terms and Conditions of Use. These terms of use are entered into by and between You and Armored Republic Holdings, LLC d/b/a AR500 Armor (referred to as “us,” “we,” or “our,” as the context may require). The following terms and conditions (these “Terms of Use”) govern your access to and use of www.ar500armor.com, including any content, functionality, and services offered on or through www.ar500armor.com (the “Website”), whether as a guest or a registered user.


Please read the Terms of Use carefully before you start to use the Website. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.


THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.


BY USING THE WEBSITE, OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE, OUR E-COMMERCE TERMS AND CONDITIONS, AVAILABLE BELOW AND INCORPORATED HEREIN BY THIS REFERENCE, AND OUR PRIVACY POLICY, AVAILABLE AT WWW.AR500ARMOR.COM/PRIVACY-POLICY, INCORPORATED HEREIN BY THIS REFERENCE. If you do not want to agree to these Terms of Use, the E-Commerce Terms and Conditions, or the Privacy Policy, you must not access or use the Website.


2.  Changes to the Terms of Use.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the provisions in Terms of Use Section 22 will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

 

3.  Accessing the Website; Account Security.

  1. We reserve the right to withdraw or amend this Website, and any product, service, or material we offer or provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
  2. You are responsible for: (A) making all arrangements necessary for you to have access to the Website; and (B) ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
  3. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, available at www.ar500armor.com/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.


If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer, so that others are not able to view or record your password or other personal information.


We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.


4.  Intellectual Property Rights.

  1. The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Products offered for sale on the Website may also be protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
  2. These Terms of Use permit you to use the Website only for: (A) your personal, non-commercial use; or (B) legitimate business purposes related to your role as a potential or current customer, supplier, or distributer of Armored Republic Holdings, LLC.
  3. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our 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 one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

    • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

    • If we provide social media features with certain content, you may take such actions as are enabled by such features.

    • You must not:
      • Modify copies of any materials from this Website.

      • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

      • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

  4. If you wish to make any use of material on the Website other than that set out in this section, please address your request to: support@ar500armor.com.
  5. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.


5.  Trademarks. Our name (including without limitation our d/b/a, AR500 Armor), our logo, the terms “Stay in the Fight” and “Tools of Liberty,” and all related names, logos, product and service names, designs, and slogans are trademarks of Armored Republic Holdings, LLC or our affiliates or licensors. You must not use such marks without our prior written permission. Other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.


6.  Prohibited Uses. You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards (Terms of Use, Section 9) set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate Armored Republic Holdings, LLC or its employees, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Armored Republic Holdings, LLC or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

 

7.  User Contributions.

  1. The Website may contain product review areas, blog comment areas, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards (Terms of Use, Section 9) set out in these Terms of Use.
  2. Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
    • You represent and warrant that:
      • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors, and assigns.
      • All of your User Contributions do and will comply with these Terms of Use.
    • You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
  3. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

 

8.  Monitoring and Enforcement; Termination. We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards (Terms of Use, Section 9), infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for us.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to or ability to use all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD ARMORED REPUBLIC HOLDINGS, LLC AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

9.  Content Standards. These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material or violence.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy, available at www.ar500armor.com/privacy-policy.
  • Be likely to deceive any person.
  • Promote any illegal activity or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 

10. Copyright Infringement. 

  1. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any User Contributions infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (DMCA), the written notice (the “DMCA Notice”) must include substantially the following:
      • Your physical or electronic signature.
      • Identification of the copyrighted work you believe has been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
      • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
      • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
      • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
      • A statement that the information in the written notice is accurate.
      • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
    • Our designated copyright agent to receive DMCA Notices is:
      • Support Department

        Armored Republic Holdings, LLC

        17431 N. Black Canyon Hwy

        Phoenix, AZ 85023

        Phone: 6233987243

        Email: ap@armoredrepublic.com

    • If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

  2. If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent designated in subsection (a), above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:
      • Your physical or electronic signature.
      • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
      • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
      • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
      • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
    • The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

    • Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

  3. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

 

11. Reliance on Information Posted. 

  1. The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
  2. This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all content other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinions. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

12. Changes to the Website. We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

 

13. Mobile Terms and Conditions. 

Armored Republic offers its customers mobile alerts regarding sale promotions, event information, product launch announcements, cart reminders, back in stock alerts, price drop alerts, low inventory alerts by SMS message (the "Service") on 88027. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.

Signing Up and Opting-In to the Service 

Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service starts, you will need to agree to these Terms. Armored Republic reserves the right to stop offering the Service at any time with or without notice. 

By opting into the Service, you: 

  1. Authorize Armored Republic to use auto dialer or non-auto dialed technology to send recurring text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in). 
  2. Acknowledge that you do not have to agree to receive messages as a condition of purchase. 
  3. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in. 
  4. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, call customer support at 844-887-8824. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails. 

Content You May Receive 

Once you affirm your choice to opt-in to the Service on 88027, your message frequency may vary. You may receive alerts about:

  1. Sale promotions
  2. Event information
  3. Product launch announcements
  4. Cart reminders
  5. Back in stock alerts
  6. Price drop alerts
  7. Low inventory alerts

Charges and Carriers 

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service. 

Supported carriers are AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Armored Republic may add or remove any wireless carrier from the Service at any time without notice. Armored Republic and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages. 

To Stop the Service 

To stop receiving text messages from Armored Republic, text the word STOP to 88027 any time or reply STOP to any of the text messages you have received from Armored Republic. After texting STOP to 88027, you will receive one additional message confirming that your request has been processed. 

Questions 

You can text HELP for help at any time to 88027. This will provide you with a toll-free number to contact customer support for assistance. You can also contact us at Armored Republic 7431 North Black Canyon Hwy, Phoenix, AZ 85023.

Changes to Terms

These Mobile Terms and Conditions are subject to change at any time without notice.

 

14. Information About You and Your Visits to the Website. All information we collect on this Website is subject to our Privacy Policy, available at www.ar500armor.com/privacy-policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

15. Online Purchases and Other Terms and Conditions. All purchases through our site or other transactions for the sale of goods formed through the Website or resulting from visits made by you are governed by our E-Commerce Terms and Conditions, below, which are incorporated by reference into these Terms of Use.

 

16. Linking to the Website and Social Media Features. 

  1. You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
  2. This Website may provide certain social media features that enable you to:
      • Link from your own or certain third-party websites to certain content on this Website.
      • Send emails or other communications with certain content, or links to certain content, on this Website.
      • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites. 
    • You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: 
      • Establish a link from any website that is not owned by you.
      • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing or in-line linking.
      • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
  3. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
  4. We may disable all or any social media features and any links at any time without notice in our discretion.

 

17. Links from the Website. If the 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 of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

 

18. Geographic Restrictions. Armored Republic Holdings, LLC is based in the state of Arizona in the United States. We make no claims that the Website or any of its content 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 and are responsible for compliance with local laws.

 

19. Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ARMORED REPUBLIC HOLDINGS, LLC NOR ANY PERSON ASSOCIATED WITH ARMORED REPUBLIC HOLDINGS, LLC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER ARMORED REPUBLIC HOLDINGS, LLC NOR ANYONE ASSOCIATED WITH ARMORED REPUBLIC HOLDINGS, LLC REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

20. Limitation on Liability. 

  1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ARMORED REPUBLIC HOLDINGS, LLC OR ANY OF ITS  MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 
    • THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF ARMORED REPUBLIC HOLDINGS, LLC AND ITS SUBSIDIARIES AND AFFILIATES, AND ITS AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO US FOR THE APPLICABLE PRODUCT OUT OF WHICH LIABILITY AROSE.
  3. The limitation of liability set forth in Section 20(b) shall not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury resulting from our acts or omissions.

 

21. Indemnification. YOU AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND ARMORED REPUBLIC HOLDINGS, LLC, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE TERMS OF USE OR YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, YOUR USER CONTRIBUTIONS, ANY USE OF THE WEBSITE’S CONTENT, SERVICES, AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE, OR YOUR USE OF ANY INFORMATION OBTAINED FROM THE WEBSITE.

 

22. Governing Law; Jurisdiction; Choice of Forum.

  1. All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Arizona.
  2. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona, in each case located in Maricopa County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in any forum having jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

23. Dispute Resolution and Binding Arbitration. 

  1. YOU AND ARMORED REPUBLIC HOLDINGS, LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
    • ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
  2. The arbitration will be administered by the American Arbitration Association (“AAA”). The Federal Arbitration Act will govern the interpretation and enforcement of this section.

    • The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
  3. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR ARMORED REPUBLIC HOLDINGS, LLC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
  4. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

 

24. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

25. No Waivers. The failure by us to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision or of any other right or provision under these Terms of Use. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Armored Republic Holdings, LLC.

 

26. Severability. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be deemed severed from these Terms of Use, to the minimum extent necessary, and will not affect the validity or enforceability of the remaining provisions of these Terms of Use.

 

27. Entire Agreement. The Terms of Use, the E-Commerce Terms and Conditions (below), our Privacy Policy (available at www.ar500armor.com/privacy-policy), and, if applicable to you, our Privacy Notice for California residents (available at www.ar500armor.com/california-privacy-policy), constitute the sole and entire agreement between you and us regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

 

28. Your Comments and Concerns. This website is operated by Armored Republic Holdings, LLC, 17431 North Black Canyon Hwy, Phoenix, AZ 85023.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy (Terms of Use, Section 10, above) in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@ar500armor.com.

 

E-COMMERCE TERMS AND CONDITIONS

Last Modified Date: 7/28/2022

 

1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE E-COMMERCE TERMS AND CONDITIONS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE: (A) YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, (B) YOU ACCEPT AND ARE BOUND BY THESE E-COMMERCE TERMS AND CONDITIONS, AND (C) YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE E-COMMERCE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU: (A) DO NOT AGREE TO THESE E-COMMERCE TERMS AND CONDITIONS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH ARMORED REPUBLIC HOLDINGS, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR PRODUCTS BY APPLICABLE LAW.

These E-Commerce Terms and Conditions (these “E-Commerce Terms”) apply to the purchase and sale of products through www.ar500armor.com (the “Website”). These E-Commerce Terms are subject to change by Armored Republic Holdings, LLC d/b/a AR500 Armor (referred to as “us,” “we,” or “our,” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these E-Commerce Terms will be in effect as of the “Last Modified Date” referenced on the Website. You should review these E-Commerce Terms prior to purchasing any product that is available through this Website. Your continued use of this Website after the “Last Modified Date” will constitute your acceptance of and agreement to such changes.

These E-Commerce Terms are an integral part of the Website Terms of Use (available above) that apply generally to the use of our Website and are incorporated herein by this reference. You should also carefully review our Privacy Policy, available at www.ar500armor.com/privacy-policy, before placing an order for products or services through this Website (see Section 11).

 

2. Industry Relevant Terms; Assumption of Risk.

  1. BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT: (A) YOU ARE AT LEAST 18 YEARS OF AGE AND AT LEAST THE AGE OF MAJORITY IN YOUR JURISDICTION AT THE TIME YOU PLACE THE ORDER; (B) YOU ARE NOT A FELON; (C) YOU ARE NOT LEGALLY BARRED FROM PURCHASING, POSSESSING, OR USING THE ITEM(S) PURCHASED; (D) YOU ARE LEGALLY ALLOWED TO POSSESS AND USE THE ITEM(S) ORDERED IN YOUR STATE/JURISDICTION; (E) YOUR PURCHASE DOES NOT VIOLATE ANY LOCAL, STATE, OR FEDERAL LAWS; (F) YOU ARE NOT PURCHASING THE ITEM(S) FOR CRIMINAL OR AMORAL PURPOSES; (G) YOU WILL ONLY USE THE ITEM(S) PURCHASED FOR LAWFUL PURPOSES; AND (H) YOU ARE PURCHASING THE ITEM(S) ON YOUR OWN BEHALF AND NOT ON BEHALF OF SOMEONE ELSE.
    1. RESIDENTS OF CONNECTICUT (EXCEPT FOR LAW ENFORCEMENT AND CERTAIN OTHER EXCEPTIONS) ARE PROHIBITED BY LAW FROM PURCHASING BODY ARMOR ONLINE. (Conn. Gen. Stat. § 53-341b (2012)).
  2. BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ASSUME ALL RISK OF USE (OR MISUSE) OF THE ITEM(S) PURCHASED AND YOU AFFIRM THAT YOU UNDERSTAND THAT BODY ARMOR IS NOT BULLETPROOF, IT IS ONLY BULLET RESISTANT, AND THAT IF A BULLET STRIKES YOU THERE IS ALWAYS A RISK THAT YOU WILL BE INJURED OR KILLED; AND THAT PLATE CARRIERS, TRAUMA PADS, AND ALL OTHER PRODUCTS OTHER THAN ARMORED PLATES SOLD BY ARMORED REPUBLIC HOLDINGS, LLC ARE MADE FROM NONBALLISTIC MATERIAL THAT PROVIDES NO PROTECTION FROM PROJECTILES.
  3. BODY ARMOR AND RELATED PRODUCTS SHOULD NOT BE TESTED BY WEARING IT AND BEING SHOT WITH A FIREARM. ANY VIDEO SUBMITTED TO US SHOWING SUCH BEHAVIOR WILL NOT BE PROMOTED IN ANY WAY AND, IF POSTED PUBLICLY (E.G., ON YOUTUBE), COULD BE USED AGAINST YOU IN A CRIMINAL PROSECUTION OR OTHER LEGAL PROCEEDING.
  4. Illegally purchasing, possessing, or using products sold on the Website may result in severe legal consequences for you, up to and including incarceration. Armored Republic Holdings, LLC will fully cooperate with all criminal investigations.

 

3. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these E-Commerce Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

 

4. Prices and Payment Terms.

  1. Prices posted on this Website may be different from prices offered by us at our physical store(s). All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product will be the price advertised on this Website at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
  2. We may offer from time to time promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these E-Commerce Terms. If there is a conflict between the terms for a promotion and these E-Commerce Terms, the promotion terms will govern.
  3. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept payment via debit card, credit card, and PayPal for all purchases. You represent and warrant that (i) the payment information you supply to us is true, correct, and complete; (ii) you are duly authorized to use such credit card or payment account for the purchase; (iii) charges incurred by you will be honored by your credit card company or payment account; and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.

 

5. Shipments; Delivery; Title and Risk of Loss.

  1. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges unless otherwise specified in the order confirmation. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
  2. Title and risk of loss pass to you upon our transfer of the products to the shipment carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

 

6. Returns, Exchanges, and Refunds. Except for medical products, level IV body armor products, and any other products designated on the Website as nonrefundable, we will accept a return of all products, for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of delivery with valid proof of purchase and provided such products are returned in their original condition. To return products, you must call 602-501-9607 and submit a return request, email support@ar500armor.com and submit a return request, or submit an online return request at www.ar500armor.com/shipping-and-return-policy.html. All return claims must include a name, email address, order number, and reason for return.

You are responsible for all shipping and handling charges on returned items, unless otherwise specified. You bear the risk of loss during shipment.

Refunds are processed within approximately 3-5 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Website. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE, INCLUDING BUT NOT LIMITED TO ALL MEDICAL PRODUCTS AND LEVEL IV BODY ARMOR PRODUCTS.

Depending on product availability, and at our sole discretion, products that are eligible for return may also be eligible for an exchange. To request a product exchange, you must call 602-501-9607 and submit an exchange request, email support@ar500armor.com and submit an exchange request, or submit an online return/exchange request at www.ar500armor.com/shipping-and-return-policy.html. All exchange requests must include a name, email address, order number, and reason for exchange/return.

 

7. Disclaimer of Warranties by Armored Republic Holdings, LLC; Third-Party Manufacturer’s Warranty. 

  1. ALL PRODUCTS OFFERED ON THIS SITE ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO PRODUCTS PURCHASED THROUGH THE WEBSITE (INCLUDING THOSE PRODUCTS MANUFACTURED BY US) AND WE EXPRESSLY DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES OF ANY KIND WITH RESPECT TO THOSE PRODUCTS, WHETHER ORAL, WRITTEN, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY, (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. STATEMENTS, IMAGES, OR DESCRIPTIONS OF PRODUCTS SOLD ON THE WEBSITE ARE INFORMATIONAL ONLY AND ARE NOT MADE OR GIVEN AS A WARRANTY IN ANY WAY.
    • THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  2. We do not manufacture or control all of the products offered on our Website. Products manufactured by a third party (“Third Party Product”) may constitute, contain, be contained in, incorporated into, attached to, or packaged together with, products sold on the Website. The availability of products through our Website does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Although we do not provide any warranties with respect to products purchased through the Website, Third Party Products may be covered by a warranty by the manufacturer(s), as detailed in the product’s description on our Website and/or included with the product. To obtain warranty service for defective products manufactured by third parties, please follow the instructions included in the manufacturer’s warranty.
    • YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF A THIRD-PARTY MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

 

8. Limitation of Liability.

  1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ARMORED REPUBLIC HOLDINGS, LLC OR ANY OF ITS  MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY, IN CONNECTION WITH PRODUCTS ORDERED OR PURCHASED ON THE WEBSITE, FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE, OR PROFIT, OR FOR ANY DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER DIRECT OR INDIRECT, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
    • THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES AS TO CONSUMER PURCHASERS, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU IN PART OR IN WHOLE.
  2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR SOLE AND ENTIRE MAXIMUM AGGREGATE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU ORDERED THROUGH THE WEBSITE.
  3. The limitation of liability set forth in Section 8(b) shall not apply to liability resulting from our gross negligence or willful misconduct and (ii) death or bodily injury resulting from our acts or omissions.

 

9. Indemnification. UNLESS OTHERWISE PROVIDED IN THIS SECTION 9, YOU AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND ARMORED REPUBLIC HOLDINGS, LLC AND ITS MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “INDEMNIFIED PARTY”) AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE ATTORNEYS’ FEES, THAT ARE INCURRED BY INDEMNIFIED PARTY RELATED TO ANY CLAIM ARISING FROM, OR ALLEGED TO ARISE FROM: (A) YOUR PURCHASE, POSSESSION, OR USE OF PRODUCTS OFFERED OR SOLD ON THE WEBSITE; (B) YOUR BREACH OR NONFULFILLMENT OF ANY REPRESENTATION, WARRANTY, OR COVENANT SET FORTH IN THESE E-COMMERCE TERMS; OR (C) YOUR FAILURE TO COMPLY WITH ANY APPLICABLE FEDERAL, STATE, OR LOCAL LAWS, REGULATIONS, OR CODES RELATED TO YOUR PURCHASE, POSSESSION, OR USE OF PRODUCTS OFFERED OR SOLD ON THE WEBSITE.

Notwithstanding anything to the contrary in these E-Commerce Terms, you are not obligated to indemnify, hold harmless, or defend Indemnified Party against any claim (whether direct or indirect) if such claim or corresponding losses arise out of or result from Indemnified Party’s: (A) gross negligence or more culpable act or omission (including recklessness or willful misconduct); or (B) bad faith failure to materially comply with any of its material obligations set forth in these E-Commerce Terms.

We reserve the right, at our expense, to assume the exclusive defense and control of any claim subject to indemnification by Indemnifying Party. Indemnifying Party shall not, in any event, settle any matter subject to Section 9 without our written consent.

 

10. Goods Not for Export or Unauthorized Resale; International Traffic in Arms Regulations (ITAR).

  1. Unless you are an authorized dealer of our products and purchased through our dealer page, you represent and warrant that you are buying products from the Website for your own use only, and not for resale.
  2. You agree to comply with all applicable laws and regulations of the various states and of the United States, including all Export Regulations, as defined below. You represent and warrant that you are not buying products from the Website for export. Products and services purchased from the Website may be controlled for export purposes by export regulations, including but not limited to: the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232); the Export Administration Regulations (15 C.F.R. 768-799), for which ECRA is permanent statutory authority; the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130); and their successor and supplemental regulations (collectively, “Export Regulations”). You further represent and warrant that all purchases are intended for final delivery to locations within the US.
  3. Products offered and sold on the Website may be subject to multiple specific Export Regulations, including but not limited to:
    • Level IV rifle rated body armor (Rifle Plates), ceramic or composite, fall under the jurisdiction of the International Traffic in Arms Regulations (ITAR) and are subject to the export control laws of the United States of America federal government. Export or retransfer of Level IV Rifle Plates by any means to any foreign end user, or for any other end use, whether in the U.S. or abroad, without the written approval of the U.S. Department of State is prohibited.
    • Level III rifle rated plates are now under the control of the U.S. Commerce Department’s Bureau of Industry and Security (BIS) and administered under the Export Administration Regulations (EAR). They remain subject to the export controls laws of the U.S. government. Export or retransfer of Level III Rifle Plates by any means to any foreign end user, or for any other end user, whether in the U.S, or abroad, without the written approval of the U.S. Department of Commerce is prohibited.
  4. The sale, transfer, transportation, or shipment outside of the U.S. of any product prohibited or restricted for export without complying with U.S. export control laws and regulations, including proper export licensing, documentation, or authorization, is strictly prohibited and may result in civil penalties and/or constitute a federal crime.
    • Armored Republic Holdings, LLC will not engage in any transaction that requires the illegal export of any products and will not assist, directly or indirectly, with the illegal export or re-export of any products.

 

11. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, available at www.ar500armor.com/privacy-policy, governs the processing of all personal data collected from you in connection with your purchase of products through the Website.

 

12. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these E-Commerce Terms, for any failure or delay in our performance under these E-Commerce Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting shipment carriers, inability or delay in obtaining supplies of adequate or suitable materials, telecommunication breakdown, or power outage.

 

13. Governing Law; Jurisdiction; Choice of Forum.

  1. All matters arising out of or relating to these E-Commerce Terms shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Arizona.
  2. You hereby expressly consent and agree to exclusive jurisdiction and venue in Maricopa County, Arizona with respect to any litigation, arbitration, or other proceeding arising out of or relating to these E-Commerce Terms or your purchase of products sold on the Website, provided that we may bring a proceeding to enforce our rights under these E-Commerce Terms in any forum having jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such forums and to venue in such forums.

 

14. Dispute Resolution and Binding Arbitration.

  1. YOU AND ARMORED REPUBLIC HOLDINGS, LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
    • ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE WEBSITE WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
  2. The arbitration will be administered by the American Arbitration Association (“AAA”). For consumers purchasing from the Website, the arbitration will be administered under the AAA’s Consumer Arbitration Rules then in effect (available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879), except as modified by this Section 14. For businesses purchasing from the Website, the arbitration will be administered under the AAA’s Commercial Arbitration Rules and Mediation Procedures, including, if appropriate, the Procedures for Large, Complex Commercial Disputes, the International Commercial Arbitration Supplementary Procedures, and the Supplementary Rules for Class Arbitrations. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
    • The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
    • We will be responsible for paying any individual consumer’s arbitration/arbitrator fees.
  3. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

  4. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR ARMORED REPUBLIC HOLDINGS, LLC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
  5. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

 

15. Assignment. You will not assign any of your rights or delegate any of your obligations under these E-Commerce Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 15 is null and void. No assignment or delegation relieves you of any of your obligations under these E-Commerce Terms.

 

16. No Waivers. The failure by us to enforce any right or provision of these E-Commerce Terms will not constitute a waiver of future enforcement of that right or provision or of any other right or provision under these E-Commerce Terms. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Armored Republic Holdings, LLC.

 

17. No Third-Party Beneficiaries. These E-Commerce Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you and Armored Republic Holdings, LLC.

 

18. Notices.

  1. To You. We may provide any notice to you under these E-Commerce Terms by: (i) sending a message to the email address you provide or (ii) posting to the Website. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
  2. To Us. To give us notice under these E-Commerce Terms, you must contact us by personal delivery, overnight courier or registered or certified mail to Armored Republic Holdings, LLC, 17431 North Black Canyon Hwy, Phoenix, AZ 85023. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

 

19. Severability. If any provision of these E-Commerce Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be deemed severed from these E-Commerce Terms, to the minimum extent necessary, and will not affect the validity or enforceability of the remaining provisions of these E-Commerce Terms.

 

20. Entire Agreement. Our order confirmation, these E-Commerce Terms, our Terms and Conditions of Use (above), our Privacy Policy (available at www.ar500armor.com/privacy-policy), and, if applicable to you, our Privacy Notice for California residents (available at www.ar500armor.com/california-privacy-policy), constitute the sole and entire agreement between you and us regarding the matters contained in these E-Commerce Terms.