TERMS OF USE

Last Updated: December 24, 2019 

ACCEPTANCE

This Terms of Use Agreement (“Agreement”) is a legal agreement between you and AARDVARK, the owner and operator of this website. It states the terms and conditions under which you may access and use this website. BY ACCESSING AND USING THIS WEBSITE, YOU ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.  IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE THIS WEBSITE.  AARDVARK may revise this Agreement at any time by updating this posting. Use of this website after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review this Agreement. 

 

 

PRIVACY

This website contains certain areas where AARDVARK may allow you to provide certain information. This information is collected in order to allow AARDVARK to engage you as a user of this website.

  
AARDVARK’s Privacy Policy, which is made part of these Terms of Use, also governs the use of this Site. The Privacy Policy can be found here: Privacy Policy
. Please review the Privacy Policy for detailed description regarding the use of any information you provide to AARDVARK. 

 

 

MINORS

This website, products and services are all directed to people who are above the age of 18. In the event that we become aware that a user under the age of 18 has shared any personal information, we will discard such information. If you have any reason to believe that a minor has shared any personal information with us, please contact AARDVARK at privacy@aardvarktactical.com

 

 

OWNERSHIP OF CONTENT

All materials displayed or otherwise accessible through this website, including but not limited to text, graphics, videos, photos, trademarks, logos, links and other materials (collectively, “Content”) are protected by trademark, copyright and/or other intellectual property laws, and are owned by AARDVARK or third parties who have licensed their materials to AARDVARK.  Except as granted in the limited license herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of this website or of its Content, whether in whole or in part, is prohibited without the express prior written consent of AARDVARK. 

 

 

LIMITED LICENSE

Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-transferable, revocable, and non-exclusive license to download information from this website and/or print single copies for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the Content. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this website, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of AARDVARK or any applicable third party suppliers.

AARDVARK reserves all rights not expressly granted. Any unauthorized use terminates the permissions or license granted by AARDVARK under this Agreement. 

 

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) INFORMATION

AARDVARK respects the intellectual property of others, and requires users of this website to do the same. AARDVARK reserves the right to determine what constitutes inappropriate behavior and to ban offenders at its sole discretion and/or take other action against users who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on this website in a way that constitutes copyright infringement, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512): 

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims. Please send copyright infringement claim notices to:

AARDVARK
Attn: Policy & Regulatory Compliance
1935 Puddingstone Drive
La Verne, CA 91750

 

 

THIRD PARTY CONTENT

To the extent that any of the Content included in this website is provided by third party content providers, AARDVARK has no editorial control or responsibility over such Content. Therefore, any opinions, statements, products, services or other information expressed or made available by third party suppliers on this website are those of such third party suppliers. AARDVARK does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on this website or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with AARDVARK. 

 

 

LINKS TO THIRD PARTY SITES

This website may contain hyperlinks to other websites owned and operated by parties other than AARDVARK. Such hyperlinks are provided solely as a convenience and not as an endorsement by AARDVARK of such third party websites. AARDVARK does not control such websites and cannot be held responsible for their content or accuracy, nor does it make any representation or warranty of any kind regarding any third party website.  In the event this website provides hyperlinks to other third party websites that are not owned, operated or maintained by AARDVARK, you acknowledge and agree that AARDVARK is not responsible for and is not liable for the content, products, services or other materials on or available from such websites. Any such websites are likely to set forth specific terms of use and privacy policies that you should review.

AARDVARK is under no obligation to maintain any link on this website and may remove a link at any time in its sole discretion for any reason whatsoever. AARDVARK shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website. AARDVARK is not responsible for the privacy practices of other websites. 

 

 

LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT AARDVARK OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUCCESSORS, AGENTS, AFFILIATES, OR ANY RELATED COMPANIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES.  DAMAGES MAY INCLUDE, WITHOUT LIMITATION, DAMAGES FROM LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THIS WEBSITE OR THESE TERMS OF USE, EVEN IF AARDVARK HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES.  DAMAGES MAY ALSO INCLUDE, WITHOUT LIMITATION, DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR ITS CONTENT, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THIS WEBSITE, PRODUCTS AND SERVICES OR CONTENT.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO AARDVARK DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THIS WEBSITE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

 

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, AARDVARK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THIS WEBSITE OR ITS CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS WEBSITE OR ACCESSED THROUGH THIS WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE; (6) WARRANTIES THAT YOUR USE OF THIS WEBSITE WILL BE SECURE OR UNINTERRUPTED; VIRUS-FREE OR ERROR-FREE AND (7) WARRANTIES THAT ERRORS IN THIS WEBSITE SOFTWARE WILL BE CORRECTED.


If your use of this website or its Content results in the need for servicing or replacing equipment or data, AARDVARK is not responsible for those costs. 

 

 

RELEASE AND INDEMNITY

You agree to release, defend, indemnify, and hold harmless AARDVARK, its officers, directors, employees, agents, distributors, advertisers, sponsors, content partners, and affiliates from and against any and all claims, loss, damage, actions, liabilities, costs, or expenses, including reasonable attorney’s fees, resulting from your use of this website or its Content, or from your breach of the Terms of Use of this Agreement. You agree that your sole remedy for any claim, loss, damage, actions, liabilities, costs or expenses is to cease using this website.

 

 

ACCOUNTS AND PASSWORDS

Portions of this website may be available only by secure login and may require you to create an account and a password. If you elect to do so, you must complete the registration process by providing AARDVARK with current, complete, and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. It is prohibited to allow anyone to use your account at any time, and you may not use anyone else’s account at any time.  You agree to: (a) immediately notify AARDVARK of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. AARDVARK will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by AARDVARK or another party due to someone else using your account or password.

 

ELECTRONIC COMMUNICATIONS

When you visit this website or send emails to AARDVARK, you are communicating with us electronically. You consent to receive communications from us electronically. AARDVARK will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications provided by AARDVARK to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by AARDVARK electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use. 

 

 

SECURITY

Information sent or received over the Internet is generally not secure. AARDVARK cannot guarantee security of any communication to or from this website. AARDVARK does not assume any responsibility or risk for your use of the Internet.  

 

 

PROHIBITED USE

Any use or attempted use of this website (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party’s use and enjoyment of this website, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by AARDVARK to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by AARDVARK, or (vii) any use other than the business purpose for which it was intended, is prohibited. In addition, in connection with your use of this website, you agree you will not:

 

AARDVARK reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user’s access and/or account. AARDVARK may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, AARDVARK reserves the right at all times to disclose any information as AARDVARK deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in AARDVARK’s sole discretion. If AARDVARK does take any legal action against you as a result of your violation of these Terms of Use, AARDVARK will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to AARDVARK. You agree that AARDVARK will not be liable to you or to any third party for termination of your access to this website as a result of any violation of these Terms of Use. 

 

 

EXPORT AND DATA TRANSMISSION

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on this website, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. 

 

 

RIGHT TO MONITOR

AARDVARK neither actively monitors general use of this website under normal circumstances nor exercises editorial control over the content of any third party sites, email transmission, news group, or other material created or accessible over or through this website. However, AARDVARK does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in AARDVARK’s sole discretion, may be illegal, may subject AARDVARK to liability, may violate these Terms of Use, or are, in the sole discretion of AARDVARK, inconsistent with AARDVARK’s purpose for this website. 

 

 

ERRORS AND INACCURACIES

AARDVARK attempts to be as accurate as possible.  However, the information on this website may contain errors or inaccuracies and may not be complete or current. We reserve the right to correct errors, inaccuracies, or omissions and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to product description, pricing, and availability. In the event that an item is listed at an incorrect price or with incorrect product information, AARDVARK shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, AARDVARK may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.  If a product offered by AARDVARK itself is not as described, your sole remedy is to return it in unused condition. 

 

 

RETURNS AND REFUNDS

AARDVARK truly appreciates your purchase. We understand that there may be circumstance where you want to return a product. If you would like to return a product, simply contact AARDVARK within 30 days of the ship date of your order. All returns are subject to the following conditions:

 

 

If a product is returned within this time frame and conditions, AARDVARK will exchange it or offer a refund based upon the original payment method. Customized orders are non-returnable. 

 

 

VOID WHERE PROHIBITED

This website may be administered and operated from various locations within or outside the United States. Although this website is accessible worldwide, not all features, products or services discussed, referenced, provided, or offered through or on this website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. AARDVARK reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product or service made on this website is void where prohibited. If you choose to access this website from outside the United States, this is on your own initiative and you are solely responsible for complying with applicable local laws. 

 

 

APPLICABLE LAW; DISPUTES

By accessing or using this website, you agree that all matters relating to your access to, or use of, this website and its Content shall be governed by the laws of California and the federal laws of the United States, without regard to conflict of laws principles. You agree and hereby submit to the non-exclusive jurisdiction of the state or federal courts in Los Angeles County, California with respect to all matters or arising out of or relating to this Agreement or use of this website and its Content. 

 

 

SEVERABILITY

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and AARDVARK with regard to your use of this website, and any and all other written or oral agreements or understandings previously existing between you and AARDVARK with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with AARDVARK, AARDVARK will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. AARDVARK’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by AARDVARK of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between AARDVARK and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.