DEFIANCE MACHINE TERMS OF USE

Last Modified On:   Sept 28, 2020


Welcome to the Defiance Machine website. We thank you for your interest in our products and services. To better serve you and comply with regulations as well as our own high standards, please review the following Terms of Use—prepared by our attorney partners.


1. ACCEPTANCE OF THE TERMS OF USE


Defiance Machine Inc. (referred to as “Defiance”, “we”, “us” and “our”) owns and operates the website ( www.defiancemachine.com ) (“Site”) that informs, markets, and sells to its customers firearm components, firearm accessories, merchandise, and other products made available on the Site (collectively, “Product”). 


By visiting our Site and/or purchasing a Product, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Use” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. 


These Terms of Use apply to all users of the Site, including without limitation users who are browsers, vendors, customers, and/or merchants. Please read these Terms of Use carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then please  do not  access our Site or Service. Defiance may revise and update these Terms of Use at any time. It is your responsibility to check this page periodically for changes. Your continued usage of the Site will mean you accept those changes.


2. THE SERVICE


You may use the Site as set forth in these Terms of Use, provided that: (i) your use of the Site as permitted is solely for your or your company’s use; (ii) you will not copy or distribute any part of the Site in any medium without our prior written authorization; (iii) you will not transfer, sublicense, lease, lend, rent or otherwise distribute the Site to any third-party; (iv) you will not reverse-engineer, decompile or create derivative works of the Site; (v) you will not alter or modify any part of the Site; (vi) you must not transmit any worms or viruses or any code of a destructive nature, and (vii) you may not use the Site in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use.


If you are under 18 years of age, or the age of majority in your location, you may use the Service only with the supervision and consent of a parent or legal guardian. By using the Service you represent that you either (i) are 18 years of age, or the age of majority in your location, or older, or (ii) have received consent from your parent or legal guardian to access the Service.


A breach or violation of any of these Terms will result in termination of your Service.



3. GENERAL CONDITIONS


We reserve the right to refuse a Product to anyone for any reason at any time.
You understand that your content (not including credit card information), might be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card transactions are processed through Authorize.net and are encrypted during transfer over networks.


The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 


4. CUSTOMER ACCOUNTS 


Certain parts of the Site or the Service, such as Product purchases, might require you to create an account with our Site. When creating your account, you must provide accurate and complete information. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Defiance reserves the right to refuse, suspend, or terminate your account for any reason at its sole discretion. 


You are solely responsible for maintaining the confidentiality of your login name and password, and you must keep your account password secure. You accept sole responsibility for all activities, charges, loss, and damages that might occur under your account. You may change your password at any time by updating your account information. In addition, you agree to immediately notify Defiance of any unauthorized use of your password or account or any other breach of security. Defiance cannot and will not be liable for any loss or damage arising from your failure to comply with this section. If we request certain registration information from you, you must provide us with accurate and complete information. 


Your account enables you to utilize the Service and such account shall be restricted to one individual only. You are not allowed to use another user's account. There is no fee or charge for you to create an account. In the event Defiance discovers that you have more than one individual using your account, in addition to any other rights that Defiance might have, Defiance reserves the right to suspend or terminate your account and collect any outstanding debts from your use of the Site. 


5. MODIFICATIONS TO THE PRODUCTS AND PRICES


Prices for the Products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice to you. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service or any Product. 


6. PRODUCTS OR SERVICES


We reserve the right, but are not obligated, to limit the sales of Product to any person, organization, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of Product that we offer. All Product descriptions or pricing is subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any offer for any Product made on the Site is void where prohibited.


We reserve the right to refuse or limit any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per company, or per order. These restrictions might include orders placed by or under the same account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. 


7. PERSONAL INFORMATION


Your submission of personal information through the Site is governed by our Privacy Policy and is incorporated herein by reference. To view our  Privacy Policy , click here. 


8. ERRORS, INACCURACIES, AND OMISSIONS


Because our focus is on production and customer service, occasionally there might be information on the Site, information on our social media, posts, or comments by us on other web sites, or provided with the Service that contain typographical errors, inaccuracies, or omissions that might relate to Product such as the descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website or social media pages is inaccurate at any time without prior notice (including after you have submitted your order).


We are not responsible if information made available on the Site is not accurate, complete, or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this Site is at your own risk.


We undertake no obligation to update, amend, or clarify information in the Service or on any related website or social media page, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website or social media page should be taken to indicate that all information in the Service or on any related website or social media page has been modified or updated. 


9. PROHIBITED USES


In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.


10. BRAND GUIDELINES


Defiance’s intellectual property is an important and valuable asset that we closely monitor and enforce. You may use Defiance’s trademarks only to refer to our Service, and/or to provide a link to our Site. Any use of Defiance’s trademarks must be in accordance with our  Brand Guidelines .  Any other use of Defiance’s trademarks is a direct infringement of our intellectual property rights and requires written permission from Defiance. Please see our Brand Guidelines for more information or contact us here to inquire about the use of our trademarks:  [email protected]


11. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY


We do not guarantee, represent, or warrant that your use of the Service will be uninterrupted, timely, secure, or error-free. We have the right to remove the Service for indefinite periods of time or terminate the Service, without notice to you. 


You expressly agree that your use of or inability to use the Service is at your sole risk. The Service and any Product delivered to you through the Site are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.


In no case shall Defiance, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or Product, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.


12. INDEMNIFICATION


You agree to indemnify, defend, and hold harmless Defiance and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law, or the rights of a third-party.


13. SEVERABILITY


In the event that any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions. 


14. MISCELLANEOUS


These Terms of Use and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).


The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Service, or when you cease using the Site.


If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof). 


Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party. The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any separate agreements whereby we provide you the Service shall be governed by and construed in accordance with the laws of Montana. All disputes arising out of or related to these Terms of Use, including the validity, interpretation or enforcement thereof, must be brought in the state and federal courts in Columbia Falls, Montana, and the parties hereto irrevocably consent to the jurisdiction of such courts.


16. CHANGES TO TERMS OF USE


You can review the most current version of the Terms of Use at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to the Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to the Site or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes. 


17. DEFIANCE CONTACT INFORMATION


Questions about the Terms of Use should be sent to us at:  [email protected]