Welcome to www.armsindustries.com (the “Site”). This website is operated by Arms Industries. Throughout the site, the terms “we”, “us” and “our” refer to Arms Industries. By registering as a customer (“customer”, “you”, “your”, “user”) on ArmsIndustries.com or otherwise using the Arms Industries service, websites, software applications (together, the “Arms Industries Service” or “Service”), or accessing any content, or products that are made available by Arms Industries through the Service (the “Content”) you are entering into a binding agreement with Arms Industries. Arms Industries offers this website, including all information, tools and services available from this site as an information service, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Please read the Agreements carefully before accessing, registering or using ArmsIndustries.com website. They cover important information about Arms Industries Services provided to you and any charges, taxes, and fees we bill you. The Agreements include information about future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy information, a class action waiver, and resolution of disputes.
Please read these Agreements carefully before accessing or using ArmsIndustries.com website. By accessing, registering or using any part of the site, you agree to be bound by these Agreements. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Arms Industries product availability, price and specifications are subject to change without notice.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least 18 years of age. If you registered your Company, you represent that you have written or other sufficient corporate authority to form binding contracts under applicable law on behalf of your Company each time that you use the Site. You agree that you will not allow others to use your account, nor will you use your account or the Site on an outsourcing basis or on behalf of third parties. You also agree not to use www.armsindustries.com if you are temporarily or permanently suspended from using the Site(s). You represent and warrant that all information given to us (including your name, address and other information associated with your account (User Information), and all information communicated to other users of the Site, whether in a Listing or a Posting, is true, accurate, up-to-date and not misleading.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any federal, state and local laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
PASSWORD USE AND SECURITY
You agree to keep your password secure and confidential, and not authorize anyone else to use your email address or password to access the Site; not to do anything which would assist anyone who is not a registered User to gain access to any secured area of the Site; and, not to create additional registration accounts for the purpose of abusing the functionality of the Site, or other users, or to seek to pass yourself off as another User. You agree to immediately notify Arms Industries if you become aware of or have reason to believe that there is any unauthorized use of your password or account or any other breach of security. Arms Industries is in no way liable for any claims or losses related to the use or misuse of your password or account due to the activities of any third party outside of our control or due to your failure to maintain their confidentiality and security.
Your electronic acceptance of this Agreement on ArmsIndustries.com shall constitute your acceptance of all terms and conditions of this Agreement and such acceptance shall have the same legal force and effect as if you had physically signed such Agreement. You agree to the admissibility of computer records and electronic evidence in any dispute under this Agreement.
SECTION 3 - ERRORS, INACCURACIES AND OMISSIONS
We make every effort to display up-to-date product descriptions, specifications and images offered by each product manufacturer. However, with manufacturers constantly improving and modifying products, some details may change without notice. This site should not be regarded as an infallible guide to our products and services. Please verify the product description, specifications and images accurately reflects the product you wish to purchase before placing your order.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times 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 is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, 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, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our 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 at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - COPYRIGHT
Content displayed on ArmsIndustries.com, including, but not limited to, any and all text, images, graphics, sound, animations and videos, are protected by United States or international copyright laws, and belong to Arms Industries. You may download content only for your personal use for non-commercial purposes, but any modifications or further reproduction of the content is strictly prohibited. The content of any of the websites of Arms Industries may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, re-posted, or otherwise used except as provided herein without the express prior written permission from Arms Industries.
Arms Industries respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights under our policies, please contact us. If Arms Industries is notified by a copyright holder that any Content infringes a copyright, Arms Industries may in its absolute discretion take actions without prior notification to the provider of that Content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to Arms Industries with a request to restore the removed content.
If you believe that any Content does not comply with the Arms Industries copyright policy, please Contact Us.
SECTION 6 - TRADEMARKS
Nothing contained on the websites of Arms Industries should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, including, but not limited to, the Arms Industries logo or trade name, displayed on the websites of Arms Industries without the express prior written permission of Arms Industries or such third party that may own the trademarks displayed on any such website. Your use of the trademarks displayed on any of the websites of Arms Industries, or any other content related thereto, except as provided in these terms, is strictly prohibited.
SECTION 7 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments", "feedback"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
You grant Arms Industries a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
SECTION 8 - TELEPHONE COMMUNICATIONS
Telephone communications with Arms Industries may be monitored and/or recorded. Buyer expressly consents to being monitored or recorded. By providing us with a mobile phone number as your contact number, you expressly authorize Arms Industries to contact you regarding your account for non-telemarketing communications, via text message or telephone, including the use of prerecorded or auto-dialed calls, using that number.
SECTION 9 - LIMITATION OF LIABILITY
ARMS INDUSTRIES DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ARMS INDUSTRIES WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, ARMS INDUSTRIES IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. SOME JURISDICTIONS MAY NOT ENFORCE ALL OF THESE LIMITATIONS, AND ONLY THE LIMITATIONS THAT ARE LAWFULLY APPLIED TO YOU IN YOUR JURISDICTION WILL APPLY.
SECTION 10 - COMPLIANCE WITH THE LAW
Buyer acknowledges that they are of legal age to purchase Product and know of no restrictions that would prevent Buyer from purchasing Product.
In addition to other prohibitions as set forth in the Terms of Service, 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.
SECTION 11 - NOT FOR RESALE OR EXPORT
Arms Industries products are subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in Cuba, Iran, North Korea, Sudan, or Syria; and (2) are not a denied party as specified in the regulations listed above.
You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not, directly or indirectly, sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Arms Industries under the Agreements to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of the Agreements.
You agree to comply with all applicable laws and regulations of the various states and of the United States. Buyer agrees and represents they are buying for their own personal use only, and not for resale or export. Product, which may include technology and software, is subject to U.S. export laws as well as the laws of the country where it is delivered or used. Product may not be sold, leased or transferred to restricted countries, restricted end users or for restricted end uses.
SECTION 12 - VOLUNTARY SUBMISSION TO JURISDICTION
Any legal suit, action or proceeding arising out of or relating to this Agreement shall be governed and construed in accordance with the Laws of the State of Arizona, in Maricopa County without regard to any applicable conflicts of law in each case, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
The parties hereto agree that any suit, action or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with, this Agreement or any transactions contemplated hereby shall be brought in the United States District Court for the District of Arizona or any Arizona State court sitting in Maricopa County, so long as one of such courts shall have subject matter jurisdiction over such suit, action or proceeding, and that any cause of action arising out of this Agreement shall be deemed to have arisen from a transaction of business in the State of Arizona, and each of the parties hereby irrevocably consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Process in any such suit, action or proceeding may be served on any party anywhere in the world, whether within or without the jurisdiction of any such court. Without limiting the foregoing, each party agrees that service of process on such party at the address set forth on the signature pages hereto shall be deemed effective service of process on such party.
SECTION 13 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Arms Industries and our parent, 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 Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 14 – SEVERABILITY
In the event that any provision of these Terms of Service 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 Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 15 – TERMINATION
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 Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our 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 Service, 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 Services (or any part thereof).
SECTION 16 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service 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 Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.