SECTION 1 - INTENT TO AGREE
This site is neither targeted to nor intended for use by anyone under the age of 13. By using this Site, you are agreeing to the Terms of Use and represent that you are the age of majority in your state, dwelling or residence. By purchasing through our Site, you agree to not use our products for any illegal or unauthorized purpose, nor may you, by condition of these Terms of Use violate laws in your jurisdiction including but not limited to copyright and trademark laws. You may be asked to create an account on our site. By creating an account, you agree to maintain current and complete information, update your account, maintain the security of your account, and not share your account information with others.
SECTION 2 - RIGHT TO REFUSE
Top Brass Tactical, LLC reserves the right to refuse service to anyone. Users may not copy, duplicate, or reproduce any portion of the Site or products herein without the written permission of Top Brass Tactical LLC.
SECTION 3 - CONTENT UPDATE
The information on this Site is for general use purposes only, we are not responsible if information is inaccurate, incomplete, or non-current. We reserve the right to modify or update content on the Site at any time. By using the Site, you acknowledge that the information and material on this Site is for general information purposes, monitoring changes to the site is your responsibility and the use of contents therein are at your own risk.
SECTION 4 - PRODUCT/PRICING AVAILABILITY
Product pricing and availability are subject to change without notice. Top Brass Tactical, LLC reserves the right to discontinue, modify, or change the Site without notice. Top Brass Tactical, LLC is not liable for any modification, price change or discontinuance of this Site, the benefits of these Terms of Use do not confer or create any obligation to third parties.
SECTION 5 - DISPLAY
Top Brass Tactical, LLC makes reasonable efforts to ensure the products on the Site are represented as accurately as possible. We cannot guarantee the accuracy of personal displays. Product descriptions and pricing are subject to change without prior notification at the sole discretion of Top Brass Tactical, LLC. We reserve the right to make certain products available through the Site only. This may include limiting the sale of our products to any person, organization, or region within the United States. Products available only through the site are subject to the Terms of Use, products purchased in-store are subject to the terms of Use and conditions of the reseller. We do not guarantee the products offered on the Site will meet your expectations or that any perceived errors in the Terms of Use will be corrected.
SECTION 6 - HYPERLINKS
The use of limited, non-exclusive rights to create a text hyperlink to the Site is granted for noncommercial purposes, conditional upon the link does not portray Top Brass Tactical, LLC products in derogatory or otherwise misleading manner. Top Brass Tactical, LLC is not liable nor make a claim to the representation or claim to the quality or reliability of third-party websites accessible by links from the Site. Top Brass Tactical, LLC will not be liable if third party hyperlinks direct users to websites not affiliated with Top Brass Tactical, LLC. When leaving our Site, please carefully review the terms and conditions of any services or products on third-party websites prior to engaging in transaction on their websites.
SECTION 7 - PRODUCT REVIEWS
Top Brass Tactical, LLC may provide opportunities for you to review our products or provide feedback on our Site. If you submit a product review or feedback, you agree to provide an honest and lawful opinion and to disclose any conflicts of interest or relationships that may affect your review or feedback. By submitting feedback or a product review you are providing exclusive rights, including intellectual property rights, to Top Brass Tactical, LLC for the use the information. Top Brass Tactical, LLC shall be entitled to the unrestricted use and dissemination of product reviews and feedback for both commercial and noncommercial uses. The use of product reviews or feedback does not constitute an obligation to keep the product review or feedback confidential, nor to compensation for the use of any product reviews or feedback. We may monitor the Site, but have no obligation to, edit or remove for any product reviews or feedback in violation of the Terms of Use of the Site.
SECTION 8 - USER COMMENTS
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.
SECTION 9 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. When users create an account, they are choosing to opt in to our e-mail and SMS lists, enabling them to receive notifications about upcoming sales and events.
SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS
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 11 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Top Brass Tactical, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 13 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Top Brass Tactical, LLC and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 14 - SEVERABILITY
If any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
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 Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our 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 Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our 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 Use shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.