Effective as of March 2016
CAREFULLY READ AND AGREE TO THE TERMS BELOW:
ATTENTION: This is a binding legal agreement between you, the person or entity agreeing to the terms contained in this document (“you”, “your“ or “Customer“), and NationalMilitarySurplus (“we”, “our”, “us” or “NationalMilitarySurplus”), the owner and administrator of the website located at http://www.nationalmilitarysurplus.com, and any and all of its subpages (collectively, the “Website”) regarding your use of the Website along with related services, features, content, and offers provided on the website.
B. This Agreement will take effect (or shall retake effect) at the time you click “I AGREE”, submit information through this Website, respond to a request for information, and/or begin installing, accessing, or using the Website, whichever is earliest. It is suggested that you print this Agreement for your personal records.
C. NationalMilitarySurplus reserves the right, in its sole discretion, to make changes to the Website, and to revise, amend, or modify this Agreement and its other policies and agreements that govern your use of the Website and an individual’s access to this Website at any time and in any manner, or to terminate this Website without prior notice to you. Accordingly, you should periodically check this page for any modifications of these Terms. Your continued access or use of the Website shall be deemed your acceptance of these changes.
D. If you do not agree to be bound by these Terms, you may not enter, access or use the Website, or purchase any products through this Website, and you should exit the Website immediately. By accessing, using or ordering products through the Website, you affirm that you have read this Agreement and understand, agree and consent to all Terms contained herein. You further agree not to use or access Website if doing so would violate the laws of your state, province or country.
2. LICENSE GRANT AND RESTRICTIONS
Subject to your continued strict compliance with the terms and conditions of this TOU, NationalMilitarySurplus provides to you a revocable, limited, nonexclusive, royaltyfree, nonsublicenseable, and nontransferable license to use the Website. You may download and print materials and information from the Website solely for your personal use, provided that you do not remove from any such hard copies any copyright and/or other applicable intellectual property notices. Notwithstanding the foregoing license grant, you hereby acknowledge and agree that (i) the content layout, formatting, and features of and access privileges for the Website shall be determined by NationalMilitarySurplus in its sole and absolute discretion; (ii) NationalMilitarySurplus has the right to control and direct the means, manner, and method by which the Website is provided; (iii) NationalMilitarySurplus may, from time to time, engage independent contractors, consultants, or subcontractors to aid NationalMilitarySurplus in providing the Website or use thereof; and (iv) NationalMilitarySurplus has the right to provide the Website to others. In addition, you hereby acknowledge and agree that this TOU provides you with only a limited license to access and use the Website. Accordingly, you hereby acknowledge and agree that NationalMilitarySurplus transfers no ownership or intellectual property interest or title in and to the Website to you or anyone else under this TOU. NationalMilitarySurplus hereby reserves any and all intellectual property rights not otherwise expressly granted in this TOU. In addition, you acknowledge and agree that exceeding the scope of the license herein shall be a material breach of this Agreement and subject to the termination provisions set forth herein.
3. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
Except where prohibited by law, you and NationalMilitarySurplus agree that any dispute between us (including disputes against any agent employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating to our Website, the Services or Materials provided through our Website, any transaction or relationship between us resulting from your use of our Website, communications between us, or the purchase, order, or use of our products, that cannot be resolved through an informal process or through negotiation within 120 days shall be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association, and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. Any such arbitration will take place in the county or municipality where we have a principal business address or such other location where we mutually agree. We may also mutually agree to have the arbitration conducted by telephone or based on written submissions. You and NationalMilitarySurplus agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration. You and NationalMilitarySurplus further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial; however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (“AAA”), and conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 7887879. If you initiate arbitration, NationalMilitarySurplus will reimburse you for any standard filing fee which may have been required by AAA once you have notified NationalMilitarySurplus in writing and provided a copy of the arbitration proceedings. However, if NationalMilitarySurplus is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to NationalMilitarySurplus. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum.
You agree that disputes will only be arbitrated on an individual basis and shall not be consolidated on a class wide, representative basis, or with other arbitration(s) or other proceedings that involve any claim or controversy of any other party. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person's claims against NationalMilitarySurplus and may not preside over any kind of representative or class proceeding against NationalMilitarySurplus, its agents, officers, shareholders, members, employees, subsidiaries, affiliates, predecessors in interests, successors and/or assigns. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then our agreement to arbitrate under this section will not apply and any controversy or claim must be brought exclusively in the State and Federal Courts in Nevada. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST NationalMilitarySurplus, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING, NOT USE OUR PRODUCT OR WEBSITE, AND RETURN THE PRODUCT FOR A REFUND WITHIN 30 DAYS OF YOUR FIRST ORDER OF THE PRODUCT.
4. ONLINEPURCHASES; SPECIFIC PROGRAMS; OTHER TERMS AND CONDITIONS.
A.Legal Age Requirement. You must be at least 18 years of age or the age of majority in your jurisdiction of residence (whichever is older) to purchase items from the Website. By placing an order through the website, you represent that you are at least 18 years old or the age or majority (whichever is older) and that the person to whom the Merchandise will be delivered is also the age of majority. NationalMilitarySurplus reserves the right to request any buyer to provide written proof of age in any form. At the time of delivery, any shipment containing Merchandise may require further the signature of an adult possessing valid picture identification issued by a government agency providing that he or she is at least 18 years old or the age or majority, whichever is greater.
B.Ordering Merchandise through the Website. All orders placed through the Website are subject to NationalMilitarySurplus's acceptance. After your order has been placed, we will provide you with an email confirming our receipt of your order. The confirmation you receive does not constitute our acceptance of your order. Rather, we are only confirming our receipt of your order. NationalMilitarySurplus may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your payment card or payment method has already been charged for an order that is later cancelled by NationalMilitarySurplus, we will issue you a refund. If you do not receive confirmation that your order has been placed, please contact our Customer Service Department at support@NationalMilitarySurplus.com. Your order will be deemed accepted upon its shipment and your receipt of a shipment confirmation of your order. Processed orders will be shipped according to the terms of our shipping policies, which are summarized herein. While we want everyone to be able to enjoy our Merchandise, we may, in our sole discretion, not accept an order or limit or cancel quantities purchased per person, per household or per order. Some reasons we may do so include, but are not limited to, the following:
We cannot process orders for several reasons including, but not limited to:
4. Orders, in our sole discretion, that we suspect to be fraudulent. We reserve the right to cancel or not accept any order that we suspect to have been placed as a result of fraudulent activity. We further reserve the right to cancel or not accept subsequent orders from customers with a previous fraudulent order history.
5. Orders connected to previous credit card disputes.
C.Merchandise Offers and Modifications.
We reserve the right to modify the prices charged for the Merchandise, or to add or remove any Merchandise from the Website at any time without prior notice to you. Price quotes provided to you prior to any price modification shall be honored. Any applicable discounts or promotional prices will be noted at the time of purchase on the checkout page for your order. Additional notices, terms, and conditions (including, without limitation, payment terms) may apply to the purchase of certain products and/or resources, participation in certain events or programs, and/or to specific portions or features of the Website, all of which are made a part of this TOU by this reference. You agree to abide by such other notices, terms, and conditions, including where applicable representing that you are of sufficient legal age to acquire a product and/or use or participate in any event or program, service, or feature. If there is a conflict between this TOU and the terms posted for or applicable to a specific portion of the Website, including any areas to enable the online purchase of items or for any program, event or service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website. NationalMilitarySurplus’s obligations, if any, with respect to its services, events, programs, and/or products are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such terms, conditions, notices, and agreements.
D. Shipping Policy.All orders are shipped via United States Postal Service First Class Mail or by UPS mail to the address you provide at the point of sale. We ship within 7 days of when you place your order. days of when you place your order. Orders placed on the weekend will be shipped the following business day. Packages sent to the US are scheduled to arrive within 35 business days. Please be advised that shipments are not sent out on Saturdays, Sundays, or any U.S. Federal Holidays. We do not guarantee arrival dates or times.
E. Refund and Return Policy. If at any time you are not satisfied with the Merchandise for any reason, you may call our Customer Service Department at support@NationalMilitarySurplus.com and request a refund. All requests for refunds will be handled by customer service on a case by case basis, may require a return of unused Merchandise, and may not be available if more than 30 days have passed from the date the customer received the Merchandise. When emailing us, please include your full name and address, as well as the name of the Merchandise that you ordered. The following additional terms apply to our refund policy:
1. Customers are restricted to receiving a single refund per Merchandise ordered. Repetitive refunds are not permitted unless the Merchandise, as delivered to you, is defective. NationalMilitarySurplus reserves the right to refuse a refund to any customer who repeatedly requests refunds or who, in NationalMilitarySurplus’s sole discretion, requests refunds in bad faith.
2. In order to process your refund, you must supply NationalMilitarySurplus with your name and delivery address. If you provide us with insufficient or incorrect information, your refund will be delayed.
3. Depending on your bank, your refund can take up to thirty (30) days to appear on your credit or debit card statement. If you have any questions about whether a refund has been issued by NationalMilitarySurplus, please email us at email@example.com
Please note that we are not responsible for any returned Merchandise that gets lost or stolen while in transit to us. We recommend all returned Merchandise be sent using some type of delivery confirmation system to ensure proper delivery. Failure to use the Merchandise does not constitute a basis for refusing to pay any associated charges.
G. Reversals and Chargebacks.We consider charge backs and reversals as potential cases of fraudulent use of our services and/or theft of services and as such will be treated. We reserve the right of filing a complaint with the appropriate local and federal authorities to investigate. Be advised that all activity and IP address information is being monitored and that this information may be used in a civil and/or criminal case(s) against a client if there is fraudulent use and/or theft of services.
H. Billing & Customer Support.If you have any questions, please contact Our Customer Service Department at support@NationalMilitarySurplus.com. When emailing us, please include your full name and address, as well as the name of the Product(s) that you ordered. Our Customer Service Department is open MondayFriday 8am4pm Pacific Standard Time.
5. REPRESENTATIONS; DISCLAIMERS.
A. We endeavor to provide you with accurate information about our products. We do not warrant or represent that such information is errorfree. All product specifications, performance data and other information on the Website is for informational and illustrative purposes only, and do not constitute a guarantee or representation that the products will conform to such specifications or performance data.
B. We do not warrant or represent that our products will provide you with any particular benefits, or that your results will match those of others who use our products.
C. THE WEBSITE AND THE SERVICES AND MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN “ASIS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. NationalMilitarySurplus DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY AUDIO, VISUAL, OR VIDEO CONTENT POSTED, MADE AVAILABLE THROUGH, OR ACCESSIBLE ON THE WEBSITE. MOREOVER, NationalMilitarySurplus MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE WEBSITE AND THE SERVICES AND MATERIALS AVAILABLE ON THE WEBSITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NationalMilitarySurplus MAY, IN ITS SOLE AND ABSOLUTE DISCRETION AND WITHOUT ADVANCE NOTICE, MAKE MODIFICATIONS AND/OR CHANGES TO THE WEBSITE AND/OR THE SERVICES AND MATERIALS AVAILABLE ON THE WEBSITE AT ANY TIME. YOU ASSUME THE SOLE RISK OF USING AND/OR RELYING ON THE SERVICES AND MATERIALS AVAILABLE ON THE WEBSITE.
6. OWNERSHIP; INTELLECTUAL PROPERTY.
B. The www.NationalMilitarySurplus.com website is Copyrighted 2016 NationalMilitarySurplus.com and/or its licensors. All rights reserved. NationalMilitarySurplus also owns a copyright in the contents of the Website as a collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Website. Any downloadable or printable programs, information, or materials available through this Website and all intellectual property and/or proprietary rights related thereto, unless otherwise expressly indicated in writing, are owned exclusively by NationalMilitarySurplus and/or its suppliers.
C. All names, logos, and icons identifying NationalMilitarySurplus, its affiliates and/or subsidiaries, and any of their events, programs, products, and/or services are owned exclusively by NationalMilitarySurplus, and any use of such marks without the prior express written permission of NationalMilitarySurplus is hereby strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
D. NationalMilitarySurplus hereby reserves any and all intellectual property rights in the Website materials not otherwise expressly granted in this Agreement. Nothing contained in this Website should be construed as granting any license or right to use any trademark, logo, trade name, or design displayed on this Website without the written permission of NationalMilitarySurplus, or the respective owner of the trademark.
7. YOUR REPRESENTATIONS.
You hereby represent and warrant that:
A. You are age eighteen or older or the legal age of majority in your jurisdiction of primary residence, whichever is greater;
B. You have read this Agreement and understand the terms contained in this Agreement;
C. Any products you purchase from the Website will be used for your personal, noncommercial use;
D. You will not resell, redistribute or export any product that you order from the Website;
E. You will, at all times, provide true, accurate, current, and complete information when submitting information to the Website, including, without limitation, when you provide any information to NationalMilitarySurplus via an email or any registration or submissions form found on the Website. If you provide any false, inaccurate, untrue, or incomplete information, NationalMilitarySurplus reserves the right to, in its sole discretion immediately and without notice, terminate your access to and use of this Website and/or cancel any of your pending product purchases or registrations with NationalMilitarySurplus;
F. You will abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Website;
G. You acknowledge and agree that use of the Internet and this Website are solely at your own risk. While NationalMilitarySurplus has endeavored to create a secure and reliable Website, the confidentiality of any communication or material transmitted to/from the Website over the Internet or any other form of global communication network cannot be guaranteed. Accordingly, NationalMilitarySurplus is not to any degree responsible or liable for the security of any information transmitted via the Internet, the accuracy of the information contained on the Website, or for the consequences of any reliance on such information. You must make your own determination as to these issues; and
H. NationalMilitarySurplus may contact you by email, telephone or postal mail for any purpose relating to your use of the Website and purchase of any of its products, including, but not limited to, (i) followup calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, at or through the Website.
8. RESTRICTIONS. Notwithstanding the foregoing license grant, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein, any materials from the Website or the Website itself. Specifically, and by way of illustration and not limitation, you may not separate and use any graphics, interfaces, photographs, audio, video, sounds, artwork, designs, computer code (including html code), programs, software, and documentation found on or accessible through the Website. The use of any such material on any other website or computer environment is prohibited. Moreover, without the express prior written authorization of NationalMilitarySurplus, you may not:
A. Frame or utilize any framing techniques in connection with the Website or any of the Materials;
B. Use any metatags or any other “hidden text” using the Website’s name or marks;
C. Attempt to gain unauthorized access to (a) any portion or feature of the Website, (b) any other systems or networks connected to the Website, (c) any NationalMilitarySurplus server, or (d) to any of the services offered on or through the Website, by hacking, password “mining,” or any other illegitimate or prohibited means;
D. Probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;
E. Use any “deep link,” “page scrape,” “robot,” “spider,” or any other device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website in order to obtain or attempt to obtain any materials, pictures, documents, or any other information through any means not purposely made available through the Website;
F. Use any device, software or routine to bypass any operational element or to interfere, or attempt to interfere, with the proper working of the Website, server or activities conducted therein;
G. Take any action that imposes an unreasonable or disproportionately large load on the Website or its network infrastructure;
H. Reverse lookup, trace, or seek to trace any information on any other user of or visitor to the Website;
I. Forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to NationalMilitarySurplus on or through the Website;
J. Use the Website to harvest or collect email addresses or other contact information; or
K. Use the Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact NationalMilitarySurplus.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DOWNLOADING, COPYING OR REPRODUCING ANY MATERIALS PROVIDED BY NationalMilitarySurplus TO ANY OTHER SERVER, HARD DRIVE OR LOCATION FOR THE PURPOSE OF REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
9. POSTINGS AND PERMISSIONS TO USE POSTINGS.
The Website, and/or any social media page controlled by NationalMilitarySurplus that is accessible directly through the Website (each, a “NationalMilitarySurplus Social Media Page”), may contain blogs, message boards, comment areas and other interactive features and functionality where users may post certain information and content (collectively, “Forum”). To the extent the Website and/or any NationalMilitarySurplus Social Media Page contains any such Forum, you agree that you will, at all times, provide true, accurate, current, and complete information when submitting information or materials on this Website, including, without limitation, when you provide information via a Website registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, NationalMilitarySurplus reserves the right to terminate immediately your access to and use of this Website. In addition, you hereby acknowledge and agree that when using the Website and/or any NationalMilitarySurplus Social Media Page, you will not upload, post, display, or transmit any of the following materials on any Forum:
You acknowledge and agree that you have no proprietary interest in any Forum. Moreover, by submitting content or information of any type (a “Posting”), including but not limited to success stories, testimonials, feedback, and/or photographs, to a Forum or by otherwise using the Website and/or a NationalMilitarySurplus Social Media Page to transmit or display a Posting, you automatically grant NationalMilitarySurplus a royaltyfree, perpetual, irrevocable, nonexclusive, transferable and sublicensable right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You agree to waive any and all moral rights in the Postings. You agree that by making a Posting, such Posting is not confidential for all purposes and NationalMilitarySurplus shall not be liable for any use or disclosure of such Posting by us or others. You hereby represent that you have all necessary rights to make the Posting available to NationalMilitarySurplus and a Forum, and you also acknowledge and agree that such Postings are nonconfidential for all purposes and that NationalMilitarySurplus has no control over the extent to which any idea or information within a Posting may be used by any party or person once such content is posted or displayed on the Website and/or a NationalMilitarySurplus Social Media Page. Accordingly, notwithstanding this right and license, you hereby acknowledge and agree that by merely permitting your information, content, and materials to appear on the Website and/or a NationalMilitarySurplus Social Media Page, NationalMilitarySurplus has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Posting. Moreover, NationalMilitarySurplus assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not post, display, or transmit any confidential or sensitive information. All users shall remain solely and exclusively responsible for any liability arising from their own Postings.
11. ENFORCING SECURITY ON THE WEBSITE.
13. TERM & TERMINATION.
A. This Agreement will take effect (or shall retake effect) at the time you click “I AGREE”, submit information through this Website, respond to a request for information, place an order, register, and/or begin installing, accessing, or using the Website, whichever is earliest.
B. This Agreement shall remain in force as long as you access the Website, use any functions or features of the Website, or order anything from the Website.
D. The provisions concerning NationalMilitarySurplus’s permission to use Postings, proprietary and intellectual property rights, submissions, indemnity, disclaimers of warranty and liability, admissibility of this Agreement, and governing law will survive the termination of this Agreement for any reason.
14. LIMITATION OF LIABILITY; NO WARRANTIES.
A. You understand and agree that any material and/or information downloaded or otherwise obtained through the use of or from the Website is done at your own discretion and risk and that you will be solely responsible for your use or nonuse of such information, including, without limitation, any damage to your computer system or loss of data that results from the download of such material and/or information and any bodily injury. NationalMilitarySurplus is not responsible for technical or software failures of any kind; lost or unavailable network connections; incomplete, garbled or delayed computer transmissions. In no event shall NationalMilitarySurplus or its affiliates, subsidiaries, parents, assignees, licenses, and their respective officers, directors, employees, subcontractors (collectively, “Released Parties”), be liable to you, whether in contract, tort, strict liability, warranty or otherwise (collectively, “Claims”), for any direct or indirect, special, incidental, exemplary, consequential or punitive damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity), arising from or related to this Agreement, the products or services, or Customers’ use of the Website or any product. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply.
B. Notwithstanding the foregoing, You agree that NationalMilitarySurplus’s entire liability for all Claims related to the use of the Website, NationalMilitarySurplus’s Services and Materials, NationalMilitarySurplus’s products, and/or any program or event made available through the Website shall be limited, in the aggregate, to the lesser of (i) USD $500.00, or (ii) the total amount of money you paid to NationalMilitarySurplus in the one (1) month period immediately preceding the incident on which your Claim is based. This limitation of liability shall apply for all Claims, regardless of whether NationalMilitarySurplus was aware of or advised in advance of the possibility of damages or such Claims.
C. The warranties and representations specifically set forth in this agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties or by operation of law, including warranties of merchantability and fitness for a particular purpose. No advice or information, whether oral or written, obtained by you from NationalMilitarySurplus or through or from any service or product on the Website or affiliate websites shall create any warranty not expressly stated herein. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
You agree to defend, indemnify, and hold harmless NationalMilitarySurplus, its related companies and each of their respective officers, directors, shareholders, employees, independent contractors, telecommunication providers, affiliates, third party information providers, licensors, agents, and others involved in the delivery of products, services or information through the Website (collectively, “Indemnified Parties”), from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands directly, indirectly, and/or consequentially resulting or allegedly resulting from your breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, attorneys’ fees, and litigation expenses the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed through the Website.
Any notice required to be given under this Agreement to you may be provided to you by postal mail or by email. If notice is sent by email, such notice shall be sent to the last known email address that you provided to us, and shall be deemed delivered once sent. Notices by customers to NationalMilitarySurplus must be sent in writing to the following address: NationalMilitarySurplus, Attention: Legal, 9842 Glenoaks Blvd. Sun Valley, CA 91352.
17. FORCE MAJEURE.
NationalMilitarySurplus shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay the NationalMilitarySurplus’s performance.
* Governing Law. This Agreement and all matters arising out of, or otherwise relating to, this Agreement shall be governed exclusively by the laws of the State of Nevada, without regard to its principles of conflicts of law. Should the arbitration provision below be found to be inapplicable or unenforceable, you consent and submit to the exclusive jurisdiction of the state and federal courts located in Las Vegas, Nevada, United States of America, in all questions and controversies arising out of your use of the Website and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the Website must be brought within two (2) years from the date on which such claim or action arose or accrued. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed. A printed version of this TOU and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOU or NationalMilitarySurplus services, materials, events and/or products accessed or purchased through this Website, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The Website is controlled and operated by NationalMilitarySurplus from its offices and facilities within the United States. NationalMilitarySurplus makes no representation that the Website is appropriate or available for use in other locations, and access to the Website from territories or nations where any aspect of the Website is illegal is hereby expressly prohibited. You access the Website solely on your own volition and are responsible for compliance with all applicable local laws.
* Rights to Injunctive Relief. Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
* Assignment. The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be.
* Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable pursuant to applicable law, including but not limited to, the warranty disclaimers and the liability limitations set forth above, then that provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect. Further, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision drafted and provided by NationalMilitarySurplus in its sole and absolute discretion that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
* Attorneys’ Fees. In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorneys fees and costs incurred in connection therewith, including attorney’s fees incurred on appeal.
* No Waiver. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by NationalMilitarySurplus of any right or provision under this Agreement shall be deemed a waiver of the same right or provision under this Agreement at any other time.
* Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
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19. CONTACT INFORMATION.
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