- Modification. This Agreement may be modified by Tactical 512 at its sole discretion from time to time, such modifications to be effective upon posting by Tactical 512 on the Website and your use of the Website after such posting will constitute acceptance by you of such changes. Please consult this Agreement regularly. This Agreement was last updated on July 1, 2011.
- Access and Retention. A link to this Agreement will be found on the Tactical 512 homepage. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all software and equipment necessary to make such a connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
You must be at least eighteen (18) years of age to purchase Products, register with or otherwise use the Website. By using the Website, you represent and warrant that: (a) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (b) all registration and listing information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; (d) you are 18 years of age or older; and (e) your use of the Website does not violate any applicable law or regulation.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and/or availability. Tactical 512 reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Tactical 512 apologize for any inconvenience this may cause you.
When you visit the Website or send emails to Tactical 512, you are communicating electronically. You consent to receive communications from Tactical 512 electronically. Tactical 512 will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. You also agree that by signing up for Tactical 512 e-mails you consent to receiving products, promotions and other advertisements from Tactical 512 or its partners.
If you are not completely satisfied with your Website purchase, you may return the unused products with your receipt within 15 days from the date of purchase to:
c/o Terrco Group
PO Box 3065
Cedar Park, TX 78630-3065
Customer will be responsible for all freight and shipping charges on items returned that are not the result of Seller’s error. Tactical 512 is not responsible for lost shipments on items being returned. Returns will not be accepted on merchandise that has been altered, laundered, or modified in any way. Customer must inspect all packages upon receipt. All damaged or incorrect items will need to be sent back to Tactical 512 upon receipt for a credit, and must be postmarked within 15 days of the purchase. Tactical 512 will send a prepaid shipping label to Customer for the damaged or incorrect item to be sent back to Tactical 512.
CUSTOMER ACCEPTANCE OF LATE OR DEFECTIVE MERCHANDISE.
Customer’s failure to provide written notice of a claim, as set forth in these Terms and Conditions of Sale, shall constitute a waiver of any claim Customer may have for damages resulting from such defects, including late delivery.
The prices displayed on the Website are quoted in U.S. dollars and are valid and effective only in the U.S.
Tactical 512 has made every effort to display as accurately as possible the colors of the Products that appear on the Website. However, as the actual colors you see will depend on your monitor, Tactical 512 cannot guarantee that your monitor’s display of any color will be accurate.
Customer is responsible for all shipping and freight charges. All shipments are “FOB Origin” (customer takes full ownership and responsibility of the goods as soon as it leaves the point of origin). Orders are normally shipped by USPS. Seller will not be responsible for shipping delays caused by any carrier. Shipping Orders for in-stock items will be shipped in 2-3 days. Shipping rates are calculated based on weight, destination, and shipping service. Your final shipping and handling amount will be displayed before you place your order. Shipping charges may be billed separately on credit card orders.
Customer must notify Seller at time of purchase if a signature is required for residential deliveries. Seller is not liable for any lost or stolen goods that are delivered to a residence without requiring a signature.
If at the time of checkout, a mixture of in-stock and back-ordered items have been ordered, Tactical 512 may ship once on a single order.
FREIGHT FORWARD DELIVERY ADDRESSES
All shipments are “FOB Origin” (customer takes full ownership and responsibility of the goods as soon as it leaves the point of origin). All taxes, tariffs or export legalities are the sole responsibility of the customer. There are NO returns, refunds or exchanges for orders shipped to freight forward service company addresses.. No Exceptions!
NO LIABILITY FOR OUTSIDE VENDORS.
Seller shall not be liable for any work performed by any third party vendor referred by Seller and hereby waives any right to assert any claim against Seller for work performed by any other third party or vendor, including but not limited to, claims for negligent referral, agency, or respondent superior.
When you sign up to become a registered customer, you will also be asked to choose a password for purposes of accessing the Website and purchasing Products. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You shall prevent unauthorized use of the Website using your password. You agree to (a) immediately notify Tactical 512 of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Tactical 512 will not be liable for any loss or damage arising from your failure to comply with this provision. 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. All assignments of your password shall be void.
INTELLECTUAL PROPERTY AND LICENSE/SITE ACCESS.
Tactical 512 owns and retains all proprietary rights in the Website. Except as otherwise expressly noted, all Products, images, illustrations, designs (including Product designs), graphics, icons, photographs, text, audio clips, video clips and other materials that appear as part of the Website as well as the selection, arrangement and organization of the foregoing and the Website as a whole (collectively, ‘Content’) are subject to copyright, trademark, service mark, trade dress, and/or other intellectual property rights or licenses and rights of publicity and privacy, all worldwide rights, titles and interests in and to which are owned by or licensed to Tactical 512 or its suppliers. All software used on this Website is the property of Tactical 512 or its suppliers and is protected by U.S. and international copyright and other intellectual property laws.
“Tactical 512”, and other Website graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of Tactical 512 in the U.S. and/or other countries. Tactical 512’s trademarks and trade dress may not be used in connection with any product or service that is not Tactical 512’s, in any manner that is likely to cause confusion among customer, or in any manner that disparages or discredits Tactical 512. All other trademarks not owned by Tactical 512 that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Tactical 512. References on the Website to the trademarks, service marks, trade names, products, company names or services of third parties are provided for your convenience and do not in any way constitute or imply an endorsement or recommendation of that third party or its products or services by Tactical 512.
Tactical 512 grants you a limited license to access and make personal use of the Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Tactical 512. The Content of the Website, the Website as a whole and the software are intended solely for personal, non-commercial use by you and other commercial users of the Website who have a user ID and password. You may not: (a) modify or create any derivative work based on the Content or use the Content, in whole or in part, for any commercial purpose or for any public display, performance, sale, rental, outsourcing or other commercial exploitation; (b) remove or alter any copyright, trademark or other proprietary notices from the Content; (c) transfer the Content to another person; or (d) reproduce the Content, the Website or the software, in whole or in part, as expressly provided herein. You agree to prevent any unauthorized copying of the Content or software. Tactical 512 reserves all rights not expressly granted herein.
METATAGS, HIDDEN TEXT, LINKING OR FRAMING ONLINE.
Tactical 512 expressly prohibits any use of its trademarks, trade names or brand names in metatags, keywords and/or hidden text online. The use of Tactical 512 trademarks, trade names or brand names in metatags, keywords or hidden text constitutes trademark infringement, and the use of any of the foregoing for purposes of gaining higher rankings in search engines constitutes unfair competition. Linking to the Website, or any page or portion thereof, without the prior written consent of Tactical 512 is expressly prohibited. Likewise, framing, in-line linking or other methods of association of the Website or its content with any other site, advertisement, link or other information or materials not originating from this Website is expressly prohibited, unless specifically authorized or required in writing by Tactical 512.
LINKS TO THIRD PARTY SITES.
Tactical 512 may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Tactical 512 has no control over such sites and resources, you acknowledge and agree that Tactical 512 is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Tactical 512 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource. We do not control the privacy policies or practices of these Websites. You should review those policies before providing any personal information. Tactical 512 is not responsible for the content or practices of any linked Websites and provides these links solely for navigation convenience to visitors.
USER GENERATED CONTENT.
Tactical 512 does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you post on or through the Tactical 512 Website. After posting your Content to the Tactical 512 Website, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing (“posting”) any Content on or through the Tactical 512 website, you hereby grant to Tactical 512 a limited license to sue, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the Tactical 512 Website, including without limitation distributing part or all of the Tactical 512 Website in any media formats and through any media channels, except Content marked “private” will not be distributed outside the Tactical 512 Website. This limited license does not grant Tactical 512 the right to sell or otherwise distribute your Content outside of the Tactical 512 Website. After you remove your Content from the Tactical 512 Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the Tactical 512 Website you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside the Tactical 512 Website as soon as practicable after you make the change.
If at any time you wish to remove your submitted Content from this site, please email: [email protected] 512.com
The license you grant to Tactical 512 is non-exclusive (meaning you are free to license your Content to anyone else in addition to Tactical 512), fully-paid and royalty-free (meaning that Tactical 512 is not required to pay you for the use on the Tactical 512 Website of the Content that you post), sublicensable (so that Tactical 512 is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Tactical 512 Website), and worldwide (because the Internet and the Tactical 512 Website are global in reach).
You represent and warrant that: (i) you own the Content posted by you on or through the Tactical 512 Website or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the Tactical 512 Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the Tactical 512 Website.
The Tactical 512 Website contains Content of Tactical 512 (“Tactical 512 Content”). Tactical 512 Content is protected by copyright, trademark, patent, trade secret and other laws, and Tactical 512 owns and retains all rights in the Tactical 512 Content and the Tactical 512 Website. Tactical 512 hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Tactical 512 Content (excluding any software code) solely for your personal use in connection with viewing the Tactical 512 Website and using the Tactical 512 Website.
The Tactical 512 Website contains Content of Users and other Tactical 512 licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Tactical 512 Website.
Tactical 512 performs technical functions necessary to offer the Tactical 512 Website, including but not limited to transcoding and/or re-formatting Content to allow its use throughout the Tactical 512 Website.
Tactical 512 may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Tactical 512 violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Tactical 512 assumes no responsibility for monitoring the Tactical 512 Website for inappropriate Content or conduct. If at any time Tactical 512 chooses, in its sole discretion, to monitor the Tactical 512 Website, Tactical 512 nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on or through any of the Tactical 512 Website, and any material or information that you transmit to other Members and for your interactions with other Users.
Except for those warranties expressly provided herein, you hereby acknowledge and agree that Tactical 512 (including officers, employees, agents, directors and independent contractors of Tactical 512) has not made any other warranties, express or implied, concerning the Website or the Products. THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY Tactical 512 ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TACTICAL 512 DISCLAIMS, AND YOU HEREBY WAIVE, ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
DISCLAIMER OF LIABILITY. IN NO EVENT SHALL TACTICAL 512 OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, AGENTS OR REPRESENTATIVES, BE IN ANY WAY LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM, OR RELATING TO, THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS THEREOF, OR OF ANY LINKED WEBSITE, OR ANY PRODUCT OR SERVICE LINKED TO FROM OR ADVERTISED OR PROMOTED ON THE WEBSITE, OR OTHERWISE RELATING HERETO, REGARDLESS OF WHETHER THE SAME ARE FORESEEABLE OR IF TACTICAL 512 WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING, REPAIRS OR REPLACEMENT OF ANY EQUIPMENT, HARDWARE, SOFTWARE OR DATA YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE AND THAT TACTICAL 512 SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE.
TACTICAL 512 MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE, CONTENT, SOFTWARE OR ANY PRODUCT OFFERED OR PURCHASED THROUGH THE WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE OR ACCESS IN LOCATIONS OUTSIDE OF THE UNITED STATES.
Notwithstanding anything to the contrary contained herein, Tactical 512’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Tactical 512 for the PRODUCTS.
It is understood that should Customer become delinquent in payment, no further credit will be extended. Seller will charge Customer interest on all overdue amounts at the rate of 1 ½ % per month (18% per annum), or the maximum amount allowed by law, whichever is less. Customer will also be responsible for, and shall reimburse Seller, for any collection agency fees up to 30% of the balance owed, reasonable attorneys’ fees, and all other reasonable costs and expense which may be incurred by Seller in the enforcement of these Terms and Conditions of Sale and/or the Customer Order. Customer acknowledges that these charges, fees, and expenses are reasonable under the circumstances as an estimate of the damages Seller is likely to suffer if Customer defaults in its payment obligations.
You agree to indemnify and hold Tactical 512, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, DAMAGES, claim, ACTIONS, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the PRODUCTS in violation of this Agreement and/or arising from ANY USE OF THIS WEBSITE
Tactical 512 shall not be liable for failing to perform its obligations hereunder because of circumstances reasonably beyond the control of Tactical 512. Such circumstances shall include (without limitation) any acts or omissions of any government or governmental authority, natural disaster, act of a public enemy, acts of terrorism, riot, sabotage, labor disputes, power failure, delays in transportation or deliveries of supplies or materials, acts of God, computer failure, hardware failure, telecommunications failure, software failure, failure of users to cooperate with the reasonable requests of Tactical 512, breach of this Agreement by users, and any other events reasonably beyond the control of Tactical 512.
CONSENT TO JURISDICTION, FORUM SELECTION AND CHOICE OF LAW.
By using the Website you expressly agree that if there is any dispute arising out of the Website and/or the Products, or in the event of any judicial action arising directly, indirectly, or otherwise in connection with, out of, related to or from this Agreement or any transaction covered hereby or otherwise arising in connection with the relationship between the parties, regardless of whether such action is brought under contract, tort, statute or otherwise, any such dispute shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Texas, in Williamson County, for the resolution of any such dispute. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. You hereby waive any right you may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulate that the State and Federal courts located in the County of Williamson, State of Texas shall have in personam jurisdiction and venue over you for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.
If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
The headings and captions of this Agreement are inserted for convenience of reference and do not define, limit or describe the scope or intent of this Agreement or any particular section, paragraph, or provision.
Please contact us with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND UNDERSTAND AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
©2011 Tactical 512 All rights reserved.
SUBMITTING SUGGESTIONS TO TACTICAL 512.
Tactical 512 is a company founded on innovation and will continue to succeed on just that. We have dedicated personnel who brainstorm, test and execute new product ideas to complement our existing line. If you have a new product idea suggestion, we welcome you to fill out our feedback form. Please note that by submitting a product suggestion, you acknowledge that Tactical 512 will view the information as non-confidential and may use the suggestion without compensation to you or another party submitting this information. Additionally, you agree that Tactical 512 is not restricted from developing (or having already formulated) plans to create or enhance products similar to your submitted suggestion.
WHAT KIND OF INFORMATION DOES TACTICAL 512 COLLECT?
Tactical 512 collects the personal information you provide us in connection with your purchase transaction, such as your name and telephone number. We also collect and maintain records and history about customer’s purchases and product preferences. If you pay by credit card, debit card or check, you provide us with your account information. If you return merchandise or request a refund or exchange, you provide us with your personal information. Also, when you register or create an online account with us, sign up for email, contact customer service, participate in our surveys, enter our sweepstakes, contests or other promotions, or send us feedback or submissions, you are providing us with your personal information.
HOW DOES TACTICAL 512 USE MY INFORMATION?
When we collect information from you, such information may be used for one or more of the following reasons:
* process and complete your purchase transaction
* identify your product and service preferences so that we can notify you of new or additional products, services and promotions that might be of interest to you
* improve product offerings and customer service
* notify you about new services, features, promotions and special offers that Tactical 512 thinks you will find valuable
* respond to your inquiries
* administer your participation in promotions, contests and sweepstakes in which you have chosen to participate
* measure the advertising effectiveness of our online and other advertisements and offers
* to customize the advertising and services you see
* to conduct research
* help us understand Website activity and improve your use of our Website
* to collect aggregated site-visitation statistics
* help us prevent fraud and minimize credit risk.
HOW DOES TACTICAL 512 USE “COOKIES”?
We and some of our third-party service providers use “cookies”. A “cookie” is a small text file written by an Internet server to a Website user’s browser where information is exchanged between them, and which is stored on a computer’s hard drive to allow us to recognize and track users on our Website to assist us in providing our customers with a productive online experience. Cookies enable us to store information about your use of our Website, such as the areas you visit and the length of your stay. Most browsers are initially set up to accept cookies and can be reset by using the ‘Help’ portion of the toolbar to refuse all cookies or indicate when a cookie is being sent. Should you choose to disable any cookies associated with the Website, you will not be able to take full advantage of all the Website’s features, but you should be able to navigate the Website without difficulty.
DOES TACTICAL 512 SHARE MY INFORMATION WITH THIRD PARTIES?
Your information may also be transferred as an asset in connection with a merger or sale (including any transfers made as a part of an insolvency or bankruptcy proceeding) involving all or part of Tactical 512 or as part of a corporate reorganization, stock sale or other change in corporate control.
IS MY INFORMATION SECURE WITH TACTICAL 512?
Protecting your personal information is important to us. We use Secure Sockets Layer (SSL) technology to protect your online order information as it is transmitted over the Internet. SSL is a proven coding system that lets your browser automatically encrypt, or scramble, data before you send it to us. To support this technology, users must have an SSL-capable browser. While we use such sophisticated security technology to secure users’ ordering information, user name, and password, we cannot guarantee that any electronic commerce is totally secure.
To check the security of your connection, look at the lower left-hand corner of your browser window after accessing the server. If you see an unbroken key or a closed lock (depending on your browser), then SSL is active. You can also double-check by looking at the URL line of your browser. When accessing a secure server, the first characters of the site address will change from ‘http’ to ‘https.’
If your browser or firewall doesn’t support SSL, you will not be able to connect to the server, which means you won’t be able to mistakenly place an order through an unsecured connection. If you cannot access the secure server for any reason, please place your order by phone at 512-846-3505.
HOW DO I OPT-OUT FROM TACTICAL 512 EMAIL?
* You may opt-out of receiving promotional email from us by doing one of the following:
* If you originally signed up for Tactical 512 email, please return to the email sign-up page, and complete the ‘unsubscribe’ entry field and click the “Unsubscribe” button. Please be sure to use the same email address as that which you used to sign-up. Otherwise it may not be possible to comply with your request.
* If you have received an email from Tactical 512, you can follow the opt-out or ‘unsubscribe’ instructions provided in your email.
HOW DOES TACTICAL 512 PROTECT KIDS’ PRIVACY?
We are concerned about the safety of children when they use the Internet and will never knowingly request personally identifiable information from anyone under the age of 18. Users of the Website must be at least eighteen years old. If a child has provided us with personal information, that child’s parent or guardian should contact us at [email protected] to delete such information from our records.
CHANGES TO OUR POLICY
- Send us an email message at [email protected]
- Call us at 512-846-3505
- Write to us at:
c/o Terrco Group
PO Box 3065
Cedar Park, TX 78630-3065