Youraccess to the DNA Tactical website (“Site”) is subject to these terms andconditions of use (“Terms of Use”), as well as the applicable laws andregulation in the United States. Pleaseread these Terms of Use carefully. TheTerms of Use is a contract between you and DNA Tactical Inc.("Company") for your use of the Site.
Asa condition of your use of this Website, you warrant that:
Weretain the right at our sole discretion to deny access to anyone to thisWebsite and the services we offer, at any time and for any reason, including,but not limited to, for violation of this Agreement. If you do not accept and agree to be bound by these Terms of Use,you are not authorized to access or use this Site or any information containedon the Site.
DNATactical reserves the right, at its sole discretion, to change, modify, add, orremove portions of these Terms of Use at any time. It is your responsibility to periodicallycheck these Terms of Use for any updates and changes. Your continued use of theSite following the posting of any changes means that you accept and agree toall updates and changes.
DNATactical respects your privacy and permits you to control the treatment of yourpersonal information. A complete statement of our current Privacy Policy can befound by clicking here.Our Privacy Policy is expressly incorporated into this Agreement by thisreference.
DNATactical hereby expressly incorporates by reference our Returns and ExchangesPolicies which can be found by clicking here and our shipping and delivery policy which can befound by clicking here. Please note, by completing a purchase onour Site, you agree to comply with all local, state, and federal laws –including, but not limited to those specifically delineated in our Shipping andDelivery policy.
Youagree to give us an opportunity to resolve any disputes or claims relating inany way to the Website, any dealings with our customer service agents, anyservices or products provided, any representations made by us, or our PrivacyPolicy (“Claims”) by contacting our Customer Service Department at1-800-362-5201. If we are not able toresolve your Claims within 60 days, you may seek relief through arbitration, asset forth below.
Any and allClaims will be resolved by binding arbitration, rather than in court. This includesany Claims you assert against us, our subsidiaries, suppliers or any companiesoffering products or services through us (which are beneficiaries of thisarbitration agreement). This also includes any Claims that arose beforeyou accepted this Agreement regardless of whether prior versions of theAgreement required arbitration.
Thereis no judge or jury in arbitration, and court review of an arbitration award islimited. However, an arbitrator can award on an individual basis the samedamages and relief as a court (including statutory damages, attorneys’ fees andcosts), and must follow and enforce these Agreement as a court would.
Arbitrationswill be conducted by the American Arbitration Association (AAA) under itsrules, including the AAA Consumer Rules. The AAA's rules are available atwww.adr.org or by calling 1-800-778-7879. Payment of all filing,administration and arbitrator fees will be governed by the AAA's rules, exceptas provided in this section. You may choose to have an arbitrationconducted by telephone, based on written submissions, or in person in Nevada.
Any and allproceedings to resolve Claims will be conducted only on an individual basis andnot in a class, consolidated or representative action. If for anyreason a Claim proceeds in court rather than in arbitration we each waive anyright to a jury trial. The Federal Arbitration Act and federalarbitration law apply to this agreement. An arbitration decision may beconfirmed by any court with competent jurisdiction.
Company reserves the right to modify, suspend or discontinue,temporarily or permanently, the Site (or any part thereof) from time to time, forany or no reason and without notice. You agree that Company shall not be liableto you or to any third party for any modification, suspension or discontinuanceof the Site.
Companytries to ensure that all of the information contained herein is accurate,complete and current. However, there may be instances when information about anitem contains inaccurate or incomplete data, including data about the item’sprice or availability due to a typographical or other error. Company reservesthe right to revoke any stated offer and to correct any errors, inaccuracies oromissions, including after an order has been submitted, confirmed, and/orcharged. Company cannot guarantee the availability of a product at any given timeor in any given locale.
Anyprices, availability, features, specifications, and promotional offers that maybe referenced herein are subject to change at any time without notice. Weightsand measurements are approximate. Company does not guarantee that productimages, if applicable, are represented with perfect accuracy. Variations incolor, size, and other specifications or features may occur. If you have anyquestions about product appearance/specifications, please contact the Companybefore placing your order. Other product limitations and disclaimers may apply.
COMPANYDISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THEACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED HEREIN, TO THE FULLESTEXTENT POSSIBLE UNDER APPLICABLE LAWS. UNDER NO CIRCUMSTANCES SHALL COMPANY BELIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGESTHAT RESULT FROM YOUR RELIANCE ON ANY INFORMATION CONTAINED HEREIN, EVEN IFCOMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCHDAMAGES.
WhileCompany strives for the Site to be accessible on most devices, Company makes norepresentations, warranties or assurances as to the availability of the Site.Portions of the Site may be available only by secure login and may require youto create an account and a password. If you elect to do so, you must be atleast 18 years of age, must complete the registration process by providing uswith current, complete and accurate information as prompted by the applicableregistration form, and must choose a password and username. You are entirelyresponsible for maintaining the confidentiality of your password and accountand for any and all of your account activities. You agree to: (a) immediatelynotify Company of any unauthorized use of your account or any other breach ofsecurity of which you become aware, and (b) exit completely from your accountat the end of each online session. Company will not be liable for any loss thatyou may incur as a result of someone else using your password or account,either with or without your knowledge. However, you could be held liable forlosses incurred by Company or another party due to someone else using youraccount or password. You may not use anyone else’s account at any time.
You will not provide any false information on theSite, or create an account for anyone other than yourself without permission.If you select a username or similar identifier for your account, Companyreserves the right to remove or reclaim as Company deems appropriate (such aswhen a trademark owner complains about a username that does not closely relateto a user's actual name).
DNA Tactical welcomes your comments regarding theSite, its products, and its services, which might include personal informationabout you and your use of the Site. Please review the Privacy Policy for moreinformation.
You expressly represent and warrant that no informationor material you transmit to the Site will violate anyone else's right,including copyright, trademark, privacy or other rights. You may not transmitany information that is or contains threatening, libelous, defamatory,scandalous, inflammatory, pornographic, profane, or otherwise unlawful, abusiveor obscene material, as determined by Company in its sole discretion, ormaterial that contains any computer virus or other malware that could in anyway affect the operation of the Site. You will be solely responsible for thecontent of any submissions you might make. You may not use a false e-mailaddress, pretend to be someone other than yourself, or otherwise misleadCompany or third parties as to the origin of any Comments. Company is notresponsible or liable for the content of information that others post at ortransmit to the Site, for any error, defamation, libel, slander, omission,falsehood, obscenity, pornography or profanity contained in any suchinformation, or for the conduct of any Site user.
Company neither actively monitors general use ofthis Site under normal circumstances nor exercises editorial control over thecontent of any third party’s website, e-mail transmission, news group, or othermaterial created or accessible over or through this Site. However, Company doesreserve the right to monitor such use at any time as it deems appropriate andto remove any materials that, in Company’s sole discretion, may be illegal, maysubject Company to liability, may violate these Terms of Use, or are, in thesole discretion of Company, inconsistent with Company’s purpose for the Site.
Youmay not print, download and use the underlying HTML, text, audio clips, videoclips and other content that is made available to you on these Sites, for anyuse other than for your personal information.
Withoutlimiting the foregoing, you may not:
DNATactical imposes certain restrictions on your permissible use of the Site andthe Service. You are prohibited from violating or attempting to violate anysecurity features of the Site or Service, including, without limitation: (a)accessing content or data not intended for you, or logging onto a server oraccount that you are not authorized to access; (b) attempting to probe, scan,or test the vulnerability of the Service, the Site, or any associated system ornetwork, or to breach security or authentication measures without properauthorization; (c) interfering or attempting to interfere with service to anyuser, host, or network, including, without limitation, by means of submitting avirus to the Site or Service, overloading, "flooding," "spamming,""mail bombing," or "crashing;" (d) using the Site orService to send unsolicited e-mail, including, without limitation, promotions,or advertisements for products or services; (e) forging any TCP/IP packetheader or any part of the header information in any e-mail or in any postingusing the Service; or (f) attempting to modify, reverse-engineer, decompile,disassemble, or otherwise reduce or attempt to reduce to a human-perceivableform any of the source code used by DNA Tactical in providing the Site orService. Any violation of system or network security may subject you to civiland/or criminal liability.
Youare prohibited from posting on or transmitting through the Site any material orcontent that is unlawful, harmful, threatening, abusive, harassing, defamatory,vulgar, obscene, sexually explicit, profane, hateful, or offensive, or that isotherwise objectionable, including, but not limited to, any material or contentencouraging conduct that may constitute a criminal offense, give rise to civilliability, or otherwise violate any applicable local, state, national, orinternational law.
Sendingunsolicited email advertisements through the Site or Company’s computer systemis expressly prohibited by these Terms of Use. Any unauthorized use of the Siteor Company’s computer system is a violation of these Terms of Services andfederal and state laws, including without limitation, the Computer Fraud andAbuse Act (18 U.S.C.A, §§ 1030 et seq.). Such violations may subject the senderand its agents to civil and criminal penalties.
Trademarks. The Company’strademarks, service marks, brand names, and logos (“Marks”) that appear on theSite are owned or licensed by Company. Nothing herein shall be construed as granting any license or right touse the Marks without the express written permission of the owner. Any use of them without prior writtenauthorization of Company or the relevant trademark owner is strictlyprohibited. You may not frame or utilizeframing techniques to enclose any Marks or use any meta tags or any other“hidden text” utilizing the Marks without the express written consent of theOwner.
Companyis not affiliated with any of the third party trademarks used on the Site orany of their respective owners. Any third party trademarks used or referencedon this Site, which are not those of Company, are the trademarks of theirrespective owners. The display of these trademarks or trade names on this Sitedoes not convey or create any license or other rights in these trademarks ortrade names.
Copyright. Copyrights incontent provided on the Site, including, but not limited to, images, video,photos, electronic art, animations, graphics, sounds, audio, information anddata, communication programs, electronic mail services, and user interfaces,executable code, and data formatted, organized, and collected in a variety offorms, including layouts, pages, screens, directories, and databases (hereafter“Copyrighted Works”) are exclusively owned or licensed by Company, and areprotected by U.S. and international copyright laws. Except as stated herein,you agree that you will not copy, reproduce, modify, alter, create derivativeworks from, distribute, display, post, or transmit any Copyrighted Works(except for your personal, private, non-commercial use) in any form or by anymeans, including, but not limited to, electronic, mechanical, photocopying,recording, or otherwise, without the prior written permission of Company andany appropriate third party. Anyunauthorized copying, redistribution, reproduction or modification of thecontents of this Sites may be a violation of federal, state or common lawtrademark and/or copyright laws, and could subject such person to legal action.
ConfidentialInformation.Do not use the Site as a means of submitting information you consider to beconfidential or proprietary unless you are placing an order in which case somepersonal information is required. Except as otherwise expressly provided hereinor in a written agreement with Company, any submission of material by you willbe considered a contribution to Company for further use in its sole discretion,regardless of any proprietary claims or reservation of rights noted in thesubmission. Accordingly, you agree that any material, including but not limitedto questions, comments, suggestions, ideas, inventions, plans, notes, drawings,ratings, reviews, photos, original or creative materials or other information,provided by you in the form of e-mail or submissions to Company, or postings onthe Site, are non-confidential (subject to the Privacy Policy) and shall become the sole propertyof Company. Company shall own exclusive rights, including all intellectualproperty rights, and shall be entitled to the unrestricted use of this materialfor any purpose, commercial or otherwise, without acknowledgment orcompensation to you. The submission of any material to Company irrevocablywaives any and all “moral rights” in such materials, including the rights ofpaternity and integrity.
InfringementNotice.If you believe in good faith that materials hosted by us infringe yourcopyright, you (or your agent) may send us a written notice that includes thefollowing information:
Noticeswith respect to this Website should be sent to:
Email: Customer Care
DNA Tactical, Inc.
Attn: Privacy Office
3111 S. Valley View Blvd., Ste. #B-105
Las Vegas, NV 89102
Wewill review and address all notices that comply with the requirements above. Wesuggest that you consult your legal advisor before filing a notice orcounter-notice. Also, be aware that you may be liable for damages if you make afalse claim of copyright infringement.
Inaccordance with the Digital Millennium Copyright Act ("DMCA") andother applicable law, Company has adopted a policy of terminating, inappropriate circumstances and at our sole discretion, subscribers or accountholders who are deemed to be repeat infringers. We may also at our solediscretion limit access to the Site and/or terminate the accounts of any userswho infringe any intellectual property rights of others, whether or not thereis any repeat infringement. If you believe that an account holder or subscriberis a repeat infringer, please provide information sufficient for us to verifythat the account holder or subscriber is a repeat infringer when filing yournotice.
TheSite may provide links to other websites maintained by third parties. Youaccess these sites at your own risk. Youacknowledge and agree that such links are provided for your convenience onlyand do not reflect any endorsement, affiliation, relationship, or sponsorshipby DNA Tactical with respect to the provider of such linked website or thequality, reliability, or any other characteristic or feature of such linkedwebsite. You further acknowledge and agree that Company is not responsible inany manner (including without limitation with respect to any loss or injury youmay suffer) for any matter associated with the linked site, including withoutlimitation, the content or practices of a third party provided on or throughany such linked site or your reliance thereon.
COMPANYMAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED WEBSITE. YOURUSE OF ANY LINKED WEBSITE IS SOLELY AT YOUR OWN RISK. We may not even be awarethat a third party has linked to the Site. This Site may also be linked toother websites operated by companies affiliated or connected with Company.However, be sure to refer to the policies associated with each individualwebsite. Even if the third party isaffiliated with Company, Company has no control over these linked websites, allof which have separate privacy and data collection practices, independent ofCompany.
DNATactical expressly disclaims any warranties for services or goods receivedthrough or advertised on the Site or received through any links provided on theSite, as well as for any information or advice received through the site orthrough any links provided on the site. You must contact us before creatinghypertext links to this Site. In establishing hypertext links, you must notrepresent in any way, expressly or by implication, that you have received theendorsement, sponsorship or support of DNA Tactical, including its respectiveemployees, agents, directors, officers and shareholders.
When you visit this Site or send email to Company,you are communicating with Company electronically and consent to receivecommunications from Company electronically. Company may communicate with you bye-mail or by posting notices on this Site, and you agree that all agreements,notices, disclosures and other communications that Company provide to youelectronically satisfy any legal requirement that such communications be inwriting. You further agree that any notices provided by Company electronicallyare deemed to be given and received on the date Company transmits any suchelectronic communication as described in these Terms of Use.
This Site may be administered and operated fromvarious locations within or outside the United States. Although the Site isaccessible worldwide, not all features, products or services discussed,referenced, provided or offered through or on the Site are available to allpersons or in all geographic locations, or appropriate or available for useoutside the United States. Company reserves the right to limit, in its solediscretion, the provision and quantity of any feature, product or service toany person or geographic area. Any offer for any feature, product or servicemade on the Site is void where prohibited. If you choose to access the Sitefrom outside the United States, this is on your own initiative and you aresolely responsible for complying with applicable local laws.
DNA Tactical is making the site available “As Is” without warranty ofany kind. You assume the risk of any and all damage or loss from use of, orinability to use, the Site. To the maximum extent permitted by law, we expresslydisclaim any and all warranties, express or implied, regarding the site,including but not limited to, any implied warranties of merchantability,fitness for a particular purpose, or non-infringement. We do not warrant thatthe Site or the service will meet you requirements or that the operation of theSite or service will be uninterrupted or error-free.
Underno circumstances, including, but not limited to the negligence of DNA Tactical,its agents or service providers, shall DNA Tactical, its agents or serviceproviders be liable for any consequential, direct, incidental, indirect,punitive, or special damages that result from (a) the use of, (b) the inabilityto use, or (c) errors or omissions in the contents and functions of, the Site,even if DNA Tactical or any of its agents or service providers has been advisedof the possibility of such damages. Some states do not allow the exclusion orlimitation of consequential or incidental damages, so the above limitation orexclusion may not apply to you. In no event shall the total liability of DNATactical, its agents, or service providers to you for all damages, losses, andcauses of action (whether in contract of tort, including but not limited to,negligence or otherwise) exceed $100.00.
If you purchase products or services from Companythrough the Site, your sole and exclusive remedy, and Company’s sole andexclusive liability, for any breach of warranty shall be your right to returnthe product or receive a refund for the service under the Return Policy. IN NOEVENT SHALL COMPANY BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIALOR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF IT HASBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATELIABILITY OF COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDINGNEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICTLIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THEPURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITES EXCEEDTHE PURCHASE PRICE OF THE PRODUCT OR SERVICE.
DNATactical may terminate these Terms of Use immediately by written notice to youif: you commit a material or persistent breach of these Terms of Use; orCompany, at its sole discretion, decides to withdraw the Site whether in wholeor in part.
Upontermination for any reason: 1) all rights granted to you in the under theseTerms of Use shall cease; and 2) you must cease all use of the Site.
TheseTerms of Use are binding on you and us, and on our respective successors andassigns. You may not transfer, assign, charge or otherwise dispose of theseTerms of Use, or any of your rights or obligations arising under these Terms ofUse, without our prior written consent. We may transfer, assign, charge,sub-contract or otherwise dispose of these Terms of Use, or any of our rightsor obligations arising under these Terms of Use, at any time during the term ofthese Terms of Use.
Ifwe fail, at any time during the term of these Terms of Use, to insist uponstrict performance of any of your obligations under these Terms of Use, or ifwe fail to exercise any of the rights or remedies to which we are entitledunder these Terms of Use, this shall not constitute a waiver of such rights orremedies and shall not relieve you from compliance with such obligations. Awaiver by us of any default shall not constitute a waiver of any subsequentdefault. No waiver by us of any of these Terms of Use shall be effective unlessit is expressly stated to be a waiver and is communicated to you in writing.
Youagree to indemnify, defend, and hold harmless DNA Tactical, its affiliates,officers, directors, employees, consultants, agents, and representatives fromany and all third party claims, losses, liability, damages, and/or costs(including reasonable attorney fees and costs) arising from your access to oruse of the Site, your violation of these Terms of Use, or your infringement, orinfringement by any other user of your account, of any intellectual property orother right of any person or entity. DNA Tactical will notify you promptly ofany such claim, loss, liability, or demand, and will provide you withreasonable assistance, at your expense, in defending any such claim, loss,liability, damage, or cost.
TheseTerms of Use shall be governed by the laws of the State of Nevada, withoutregard to conflicts of law provisions. The parties agree that the exclusivejurisdiction of any dispute arising out of, or relating to, the Terms of Use,the Privacy Policy, your use of the Site, any transaction between you andCompany, the products, or services provided in connection therewith shall be inthe state and federal courts located in Las Vegas, Nevada. Your use of the Site constitutes your consentto the jurisdiction and venue of said courts with respect to such dispute.
If,for whatever reason, a court of competent jurisdiction finds any term orcondition in these Terms of Use to be unenforceable, all other terms andconditions will remain unaffected and in full force and effect. No waiver ofany breach of any provision of these Terms of Use shall constitute a waiver ofany prior, concurrent, or subsequent breach of the same or any other provisionshereof, and no waiver shall be effective unless made in writing and signed byan authorized representative of the waiving party.
Ifyou are visiting our website from outside the United States, please be awarethat DNA Tactical makes no representation that the Site, including merchandiseand their copyrights, trademarks, patents and licensing arrangements, areappropriate or available for use in locations other than the United States ofAmerica. Those who choose to access the Site from locations outside of the U.S.do so on their own initiative and at their own risk, and are responsible forcompliance with local laws, if and to the extent local laws are applicable.
Fromtime to time there may be information on the Site that contains typographicalerrors, inaccuracies or omissions that may relate to product descriptions,pricing and availability. We reserve the right to correct any errors,inaccuracies or omissions and to change or update information at any timewithout prior notice.
ThisTerms of Use shall inure to the benefit of Company and its subsidiaries andaffiliates. The headings contained herein are for convenience only and shallhave no legal or interpretive effect. Additional terms and conditions may applywhen you use other services, affiliate services, third party content or thirdparty software on or through a link provided on the Site.
Companymay assign its rights and duties under this Terms of Use to any party at anytime without notice to you.
Ifyou have any questions, comments or concerns about Terms of Use or any otherpolicy, please email us or write to us at:
Email: Customer Care
DNA Tactical, Inc.
Attn: Privacy Office
3111 S. Valley View Blvd.
Suite B-105
Las Vegas, NV 89102
BY USING THE SERVICE OR ACCESSINGTHE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BEBOUND BY THEM.
ThisTerms of Use is effective as of 07/01/2015.
©2015DNA TACTICAL INC. ALL RIGHTS RESERVED.