TERMS OF USE AGREEMENT

Last Updated: August 14, 2019

 

Acceptance

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

 

Privacy

The Site 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 the Site.

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 online here. Please review the Privacy Policy for detailed description regarding the use of any information you provide to us.

 

Minors

Our site, 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 us at privacy@aardvarktactical.com.

 

Ownership of Content

All materials displayed or otherwise accessible through this Site, including but not limited to text, graphics, videos, photos, trade-marks, logos 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 the Site 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 Site 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 Site, 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 Terms of Use.

 

Digital Millennium Copyright Act (“DMCA”) Information

AARDVARK respects the intellectual property of others, and requires users of the Site 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 the Site 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):

 

  1. A physical or electronic signature of person authorized to act on behalf of the copyright holder of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright of AARDVARK, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the service provider of an exclusive right that is allegedly infringed.

 

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 the Site 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 Site 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 Site 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

The Site may contain hyperlinks to other sites 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 sites. AARDVARK does not control such sites and cannot be held responsible for their content or accuracy, nor does it make any representation or warranty of any kind regarding aby third party site.  In the event the Site provides hyperlinks to other third party sites 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 sites. Any such sites 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 the Site 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 site. 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 THE SITE 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 THE SITE 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 THE SITE, PRODUCTS AND SERVICES OR CONTENT.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE 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 THE SITE.

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 THE SITE IS AT YOUR SOLE RISK. THE SITE 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 THE SITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE SITE 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 THE SITE OR ACCESSED THROUGH THE SITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE; (6) WARRANTIES THAT YOUR USE OF THE SITE WILL BE SECURE OR UNINTERRUPTED; VIRUS-FREE OR ERROR-FREE AND (7) WARRANTIES THAT ERRORS IN THE SITE SOFTWARE WILL BE CORRECTED.

If your use of this Site or the materials, services, text, graphics, and/or links associated with this Site 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 the Site 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 the Site

 

Accounts and Passwords

Portions of the Site 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 Site 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 Site. 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 the Site. AARDVARK does not assume any responsibility or risk for your use of the Internet.

 

Prohibited Use

Any use or attempted use of this Site (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 the Site, 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 the Site, you agree you will not:

  1. Upload or transmit any message, information, data, text, software or images, or other content (“Material”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
  2. Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any AARDVARK representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
  4. Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
  5. Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
  6. Use the Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
  7. Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;
  8. Violate any applicable local, state, national or international law;
  9. Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
  10. Delete or revise any material posted by any other person or entity;
  11. Manipulate or otherwise display the Site by using framing, mirroring or similar navigational technology or directly link to any portion of the Site other than the main homepage;
  12. Probe, scan, test the vulnerability of or breach the authentication measures of, this Site or any related networks or systems;
  13. Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Products and Services if you are not expressly authorized by such party to do so;
  14. Harvest or otherwise collect information about others, including email addresses; or
  15. Use any robot, spider, scraper, or other automated or manual means to access this Site, or copy any content or information on this Site.

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 the Site 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 the Site, 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 Site 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 Site. 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 Site.

 

Errors and Inaccuracies

AARDVARK attempts to be as accurate as possible.  However, the information on this Site 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 us 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

The Site may be administered and operated from various locations within or outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided, or offered through or on the Site 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 the Site is void where prohibited. If you choose to access the Site 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 the Site, you agree that all matters relating to your access to, or use of, the Site 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 the Site 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 the Site, 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.