TERMS AND CONDITIONS OF USE
IMPORTANT NOTE: The Terms contain provisions that limit our liability to you and require you to resolve any dispute with us through final and binding arbitration on an individual basis and not as part of any class or representative action. Please see the “Disclaimer of Warranties”, “Limitation of Liability” and “Arbitration Agreement” sections below for more information.
RESTRICTIONS ON USE
The materials published on this website and any other World Wide Web site owned, operated, licensed, or controlled by ARMOR, including, without limitation, text, publications, graphics, artworks, photos, images, product information, audiovisual material, layout and user interface designs, software applications, databases, directories and listings (collectively the “Materials”) may not be copied or distributed, or republished, uploaded, posted or transmitted in any way, without the prior written consent of ARMOR.
Subject to your compliance with the Terms and all applicable laws, we hereby grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to use the Materials for your own informational purposes and for purposes of your business dealings with ARMOR. This license is personal to you and is not transferable or assignable to others, and may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate the Terms or any applicable law). We reserve all rights not expressly granted herein.
We do not permit or tolerate any illegal, abusive, harmful or improper use of the Materials. Without limitation to the generality of the foregoing, you may not:
• remove any ARMOR copyright, trademark or other proprietary rights or legal notices contained in the Materials;
• interfere in any way with the operation of this website or any server, network or system associated with this website, including, without limitation: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of this Site or any server, network or system associated with this website; breaching or circumventing firewall, encryption, security or authentication routines; accessing data not intended for you, or accessing another’s account that you are not expressly authorized to access;
• use any automated program, tool or process (including, without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access this website or any server, network or system associated with this website, or to extract, collect, harvest or gather content or information from this website;
• frame or otherwise create a browser or border environment around any page of this website or any website content, or deep-link to any internal page or area of this website;
• use any website content or any ARMOR Marks to confuse or mislead the public or to falsely suggest an affiliation or association between you or your business, product or service, on one hand, and ARMOR, on the other hand; or
• impersonate another, or provide us with false information, or make unauthorized use of another’s information.
PURCHASE OF PRODUCTS
This website may include an online store area that enables you to purchase certain of our products directly on this website, and your use of such area (including purchases) will be subject to additional terms and policies posted therein, such as our terms of sale, product warranty, shipping, and return policies. Please carefully review all such additional terms and policies prior to making a purchase on this website.
COMMUNICATIONS AND SUBMISSIONS
If you contact us on this website or via email, you agree to communicate with us electronically, and you acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
CHANGES TO THE TERMS
We may change and update the Terms. We will inform you of any material changes to the Terms by posting a notice on this website. If you are on our emailing list, we may also notify you of such material changes via email. By continuing to use this website after such notice, you agree to be bound by the Terms as modified.
ARMOR retains sole and exclusive ownership of this website and the Materials (except for User Content, which is defined below). Except as expressly permitted by the Terms or applicable law, you may not copy, reproduce, download, modify, translate or otherwise create derivative works from, republish or redistribute any portion of this website or the Materials for any purpose or in any medium.
ARMOR also retains sole and exclusive ownership of all trademarks, service marks, logos, slogans, and other business/product/service identifiers appearing on this website (collectively, “ARMOR Marks”). Except as expressly permitted by the Terms or applicable law, ARMOR Marks may not be used or reproduced for any purpose or in any medium.
Except as expressly otherwise stated herein, nothing in the Terms grants you any right or license under any copyright, trademark, patent or other intellectual property of ARMOR. Unauthorized use of ARMOR’s intellectual property is strictly prohibited and may subject the violator to civil and/or criminal penalties.
As used herein, “User Content” means any content originated by users on this website, such as user-submitted messages, comments, ideas, suggestions, photos, images, videos, etc., but excluding content that contains or is derived from ARMOR’s intellectual property. To the extent User Content submitted by you includes any element of your identity (name, voice, photograph,
likeness, biographical information, etc.), you acknowledge and agree that such element of your identity will be treated as part of your User Content.
You retain ownership in User Content submitted by you. However, by submitting User Content to ARMOR (whether your submission is solicited or unsolicited), you:
(i) irrevocably grant to ARMOR and its licensees a non-exclusive, perpetual, worldwide, royalty-free, transferable and sublicensable license to use, reproduce, display, perform, publish and distribute your User Content (including any element of your identity, if included in your User Content) in any format or medium, including on this website and/or any other website (including social media) as ARMOR deems desirable, for advertising, marketing, promotional, educational, or other lawful (commercial and noncommercial) purposes of ARMOR;
(ii) represent and warrant that: (a) you are the sole author and owner of your User Content; (b) your User Content does not violate any third-party right (including, without limitation, any third-party copyright, trademark, right of privacy or right of publicity), or violate any applicable law; and (c) your submission is voluntary and consensual and is made without any condition of compensation (whether monetary or otherwise), attribution, anonymity, secrecy or confidentiality; and
(iii) acknowledge and agree that: (a) ARMOR and its licensees will have no obligation whatsoever to use your User Content; (b) to the extent your User Content is used on this website or on any other ARMOR affiliated website, ARMOR will have the absolute right, at any time and in its sole discretion, to remove, delete, or block or disable access to, your User Content, if ARMOR determines, in its sole judgment, that your User Content violates the Terms or any applicable law, or may expose ARMOR to liability of any kind, or may adversely affect the reputation or goodwill of ARMOR; and (c) to the extent your User Content is used by a licensee of ARMOR, such licensee will have the same right described above with respect to your User Content.
ARMOR’S DMCA POLICY
To comply with the Digital Millennium Copyright Act (Title 17, United States Code) (“DMCA”), ARMOR will respond to proper notifications of claimed copyright infringement with respect to User Content on this website, and will take appropriate action including expediently removing and disabling access to the allegedly infringing User Content. ARMOR also has a policy of terminating, in appropriate circumstances, the account of any registered user on this website who is determined by ARMOR to be a repeat infringer.
Designated Agent: In compliance with the DMCA, the following is ARMOR’s Designated Agent to receive notifications of claimed copyright infringement by User Content on this website:
Attn.: Legal Department
525 Green Street, Suite A
Martinez, CA 94553
By Telephone: 510-741-8182
By Email: firstname.lastname@example.org
Notice of Claimed Copyright Infringement: If you believe that your copyright has been infringed or violated by any User Content found on this Site, please notify the Designated Agent listed above in writing and provide the following requisite information:
(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
(iv) information reasonably sufficient to permit the recipient to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
(v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notification to Claimed Copyright Infringement: Under the DMCA, if a notice of copyright infringement has been filed against User Content submitted by you on this website, you may make a counter-notification with the Designated Agent listed above, which counter-notification must be in writing and contain the following requisite information:
(i) your physical or electronic signature;
(ii) 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 to it was disabled;
(iii) a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
(iv) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the State of California, USA, if you reside outside of the United States), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.
If ARMOR receives a valid counter-notification, it may reinstate the removed or disabled User Content in accordance with the DMCA. Please note that, under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.
At certain places on this website, live “links” to other Internet addresses can be accessed. Such external Internet addresses contain information created, published, maintained, or otherwise posted by organizations independent of ARMOR. ARMOR does not endorse, approve, certify, maintain, or control these external Internet addresses and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses. ARMOR provides the links only as a convenience. Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. Neither the inclusion of the link in this website nor reference therein to any specific commercial product, process, or service by trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies endorsement, recommendation, or favoring by ARMOR.
There may be circumstances where access to this website is provided by a hypertext link located at another site. ARMOR has no responsibility for the content of such other sites, ARMOR does not make any representations or give any warranties or conditions with respect to any information contained in or at these other sites and ARMOR shall not be liable for any damages or injury arising from the content of or access to these other sites. ARMOR does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to this website. Unless approved in writing in advance by ARMOR, you agree not to:
(i) provide or create a link to this website; or
(ii) create any frames at any other sites pertaining to any of the Materials located at this website. You also agree not to post any materials at this website without the express written permission of ARMOR.
PRODUCT INFORMATION AND AVAILABILITY
We aim to display our product information on this website as accurately as possible. However, because actual colors you see depend on your monitor or device, we cannot guarantee your monitor’s or device’s display of any color will accurately reflect actual product color or finish. Also, product information displayed on this website may contain typographical or other human errors and may not be 100% complete or current despite our efforts. Accordingly, we do not guarantee or warrant that all product information and images displayed on this website will be accurate in all respects.
We do not guarantee the availability of any product displayed on this website, and we reserve the right at any time to change or discontinue any product without notice or liability to you.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or this 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 FULLEST EXTENT PROVIDED BY 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 THIS WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THIS WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ARMOR NOR ANY PERSON OR ENTITY ASSOCIATED WITH ARMOR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER ARMOR NOR ANY PERSON OR ENTITY ASSOCIATED WITH ARMOR REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THEIS WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, ARMOR HEREBY DISCLAIMS 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.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ARMOR, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THIS 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, 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.
You agree to defend, indemnify, and hold harmless the ARMOR, 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 the Terms or your use of this website, including, but not limited to, your User Content, any use of this website’s content, services, and products other than as expressly authorized in the Terms or your use of any information obtained from this website.
GOVERNING LAW AND JURISDICTION
All matters relating to this website and the Terms 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 California without giving effect
to any choice or conflict of law provision or rule (whether of the State of California) or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, the Terms or this website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California and County of Contra Costa, although we retain the right to bring any suit, action, or proceeding against you for breach of the Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
You and ARMOR agree that any dispute or claim relating to your use of this website will be resolved by binding arbitration, rather than in court, except that (i) you may assert claims in small claims court if your claims qualify and (ii) ARMOR may bring actions in court to enforce intellectual property rights. The United States Federal Arbitration Act and federal arbitration law apply to the Terms.
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 injunctive and declaratory relief or statutory damages), and must follow the provisions of the Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim, to:
Attn: General Counsel / Arbitration Notice
525 Green Street, Suite A
Martinez, CA 94553 Email: email@example.com
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules. The AAA’s rules are available at www.adr.org or by calling (800) 778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the County of Contra Costs, State of California, USA. Each party shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties.
YOU AND ARMOR EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS 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, YOU AND ARMOR EACH WAIVE ANY RIGHT TO A JURY TRIAL.
We reserve the right at any time, in our sole discretion, with or without notice, and without liability to you or other users, to: (i) modify, suspend, remove or terminate this webite or any portion thereof; (ii) monitor any user’s activities on this website to verify and ensure that user’s compliance with the Terms and any applicable law; and (iii) investigate any suspected or alleged violation of the Terms or any applicable law and cooperate with authorities in such investigation.
This website is not intended for or directed to anyone under the age of 18. By using this Site, you warrant that you are at least 18 years of age.
You acknowledge and agree that ARMOR may at any time, without notice or your consent, transfer this website, including all website content and all user information associated with this website, to an affiliate of ARMOR or to a third party that merges with ARMOR or acquires ARMOR’s business or assets.
If any provision contained in the Term is held by any court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be deemed modified in such manner as to render such provision valid, legal, and enforceable to the fullest extent permitted by law in such jurisdiction, and the remaining provisions contained in the Terms shall not be affected and shall remain in full force and effect.
A failure by ARMOR to exercise or enforce any right or provision under the Terms will not constitute a waiver of the right or provision. Any waiver of any provision under the Terms will only be effective if it is in writing and signed by ARMOR.