Customer Terms & Conditions

TERMS OF USE

Effective as of January 2020

Please read these terms and conditions of use (“Terms of Use”) carefully. By accessing and using the DRD Tactical website (the “Website”) you are agreeing to be bound by these Terms of Use, including our Privacy Policy. If you do not agree to these Terms of Use, please do not use this Website.

Changes to Terms of Use
We may change the Terms of Use at any time by posting revisions to the Website with a new effective date. Your continued use of the Website after a posted change in the Terms of Use shall indicate your agreement to the revised terms. You should review the Terms of Use from time to time to make sure that you are aware of the current Terms of Use.

Permitted Uses; Limited License
You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Website pursuant to these Terms of Use. We may change, suspend, or discontinue any aspect of the Website at any time. We may also, without notice or liability, impose limits on certain features and services or restrict or deny your access to all or portions of the Website. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Website. Except as expressly provided in these Terms of Use, you shall have no right to directly or indirectly own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Website, or any of its contents, in whole or in part. You are only authorized to visit, view, and retain a copy of pages of the Website for your own personal use. You agree that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Website for any purpose other than for personal use, unless otherwise specifically authorized by us to do so. You also agree not to deep-link to the Website for any commercial purpose, unless specifically authorized by us to do so. You may not use this Site for any commercial purpose, such as to offer sales of merchandise or services, whether by advertising, solicitations, links, or any other form of communication, without prior written authorization by us.

Accuracy and Integrity of Information
Although we attempt to ensure the integrity and accurateness of the Website, we make no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Website and content thereon. It is possible that the Website could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. Information contained on the Website may be changed or updated without notice. Additionally, we shall have no responsibility or liability for information or content posted to the Website from any non-DRD Tactical affiliated third party. We have made significant efforts to accurately display the colors of our products that appear on the Website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

Typographical Errors and Incorrect Pricing
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product / service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit or debit card account in the amount of the incorrect price.

Order Acceptance
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. International orders are subject to review. As some of our products are not able to be shipped via air, we may be in contact with you regarding your international order. The customer is responsible for all duties and taxes related to your international order. For assistance placing an international order or for more information please contact our customer service team at export@drdtactical.com or  1-855-DRDGEAR (373-4327).

 

Quantity Limits and Dealer Sales
We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Please note that certain orders constitute improper use of DRD TACTICAL LLC. and its services. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. We also reserve the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, reselling shall be defined as purchasing or intending to purchase any product(s) from Us for the purpose of engaging in a commercial sale of that same product(s) with a third party.

Online Payments
You can purchase DRD TACTICAL LLC. products on the Site. If a credit card account is being used for a transaction, we may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information. You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

Term; Termination
We may limit or terminate your use of this Site at any time, for any reason or no reason, in our sole discretion. The provisions relating to Copyrights and Trademarks, Warranty Disclaimer, Limitation of Liability, Indemnification and any other provisions which would naturally remain in effect after termination of this Agreement or your rights to access and use the Website, shall survive any termination.

Representations by You; Content that You Provide
By accessing or using the Website, you represent and warrant that (a) you are at least 18 years old and (b) that all materials of any kind submitted by you through the Website or for inclusion on the Website will not plagiarize, violate, or infringe upon the rights of any third party including, without limitation, a third party’s trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or property rights. You further agree not to (1) post or transmit anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) post or transmit a virus or any other harmful component, or (3) contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication.

Account Security
You are responsible for maintaining the confidentiality of your account username and password and for restricting access to your account.  You agree to accept responsibility for all activities that occur under your account or password.  

License Granted by You
Some portions of our Website may permit you to upload files, information, photographs or other materials or to make product suggestions. In consideration of your access to this Website, you agree that by providing files, information, photographs or other materials, product ideas, or information to us (“content or materials”), including by submitting or uploading content or materials for use on the Website, you represent and warrant that you or the owner of all rights to such content or materials has expressly granted us an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. These rights include, but are not limited to:

Reproduce, copy, modify, create derivatives in whole or in part, create new or improved products, or otherwise use the content, materials, or ideas, or any part thereof in combination with or as a composite of other matter, including, but not limited to, text, data, images, photographs, illustrations, animation and graphics, video or audio segments of any nature, in any media or embodiment now known or hereafter to become known, including, but not limited to, all formats of computer readable electronic magnetic, digital, laser or optical-based media (the “Works”) for any purpose whatsoever. 

By providing content or materials to us, you waive all rights and release and discharge us from, and shall neither sue nor bring any proceeding against any such parties for, any claim, demand, or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of any such content or materials. You agree that we may publish and distribute any such submitted content or materials at our sole discretion by any method now existing or later developed, but that we shall have no obligation to do so. You agree that you shall waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to us. Subject to the terms of our Privacy Policy, any communication or materials you send to us will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing, or marketing products or services.

Third Party Links
This Website and content contained herein may provide links placed by DRD Tactical Products, Inc., or users of the Website to websites and access to content, products, and services of third parties, including, but not limited to, users, advertisers, affiliates, and sponsors of the Site.  We do not control or endorse and are not responsible for any third party content, websites, products, or services accessed on or through the Website or for any changes to such third party content, websites, products, or services and you bear all risks associated with the access to, and use of such content, websites, products, or services provided by third parties.  

DISCLAIMER, LIMITATION OF LIABILITY, AND INDEMNIFICATION

THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

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.

YOU SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS DRD TACTICAL LLC., AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS, REPRESENTATIVES, AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, DUE TO OR ARISING OUT OF YOUR: (A) USE OR MISUSE OF THE WEBSITE; (B) VIOLATION OF THESE TERMS OF USE; (C) VIOLATION OR INFRINGEMENT OF ANY THIRD PARTY RIGHTS, INCLUDING, BUT NOT LIMITED TO, CLAIMS OR ACTIONS FOR VIOLATIONS OF INTELLECTUAL PROPERTY RIGHTS CAUSED BY YOUR MODIFICATION, ALTERATION, COMBINATION, INTEGRATION, OR ENHANCEMENT OF THE CONTENT PROVIDED ON THE WEBSITE NOT CREATED BY OR AT THE DIRECTION OF DRD TACTICAL LLC., OR (D) USE OF THE WEBSITE OR CONTENT OUTSIDE THE SCOPE OF THE LICENSE GRANTED BY THESE TERMS OF USE.  

US Export Laws

This Website and the products or services included therein may be subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Office of Foreign Assets Control ("OFAC"), State Department, and/or other United States authorities (collectively, "U.S. Export Laws"). Users shall not use this Website, or DRD Tactical LLC., content or services to collect, store or transmit any technical information or data that is controlled under U.S. Export Laws. Users shall not export or re-export, or allow the export or re-export of any products, content, or services in violation of any U.S. Export Laws. No products, content, or services subject to the U.S. Export Laws may be exported or re-exported: (a) into (or to a national or resident of) any country with which the United States has embargoed trade; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Persons List, or any other denied parties lists under U.S. Export Laws. By using this Website, you agree to the foregoing and you agree to comply with all U.S. Export Laws (including "anti-boycott", "deemed export" and "deemed re-export" regulations). If you access this Website from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access this Website. The obligations under this section shall survive any termination or expiration of this Agreement or your use of this Website.

Copyrights and Trademarks

The entire content of this Website, including but not limited to text, graphics or code, is copyrighted as a collective work under the United States and other copyright laws, and is the property of DRD TACTICAL LLC. The collective work includes works that are licensed to us. Permission is granted to electronically copy and print hard copy portions of this Website for the sole purpose of placing an order with the fulfillment provider or purchasing DRD TACTICAL LLC. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Website solely for your own non-commercial use, or to place an order with the fulfillment provider or to purchase DRD TACTICAL LLC. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Website (for example, on any products, as a part of a domain name, or in any advertising or marketing) is strictly prohibited, unless specifically authorized in writing by DRD TACTICAL LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the Website.

All trademarks, service marks and trade names of DRD TACTICAL, LLC. used in the Web site, (including but not limited to DRD TACTICAL, LLC.’s name and logo, DRD Tactical, DRD Tactical and DRD Tactical name and logos) are trademarks or registered trademarks of DRD TACTICAL PRODUCTS, INC.

Governing Law and Jurisdiction

These Terms of Use and all claims or causes of action that may be based upon, arise out of or relate to these Terms will be construed in accordance with and governed by the laws of the State of New York applicable to agreements made and to be performed entirely within such State without regard to conflicts of laws principles thereof that would cause the application of the laws of any jurisdiction other than the State of New York.  Any claim or cause of action may be heard solely within the Federal or State courts covering Lewis County, New York. 

Severability

If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, the provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remaining provisions of these Terms will remain in full force and effect.

Claims of Copyright Infringement; Digital Millennium Copyright Act Policy

We disclaim any responsibility or liability for copyrighted materials posted on our site by users of the site. DRD TACTICAL LLC. respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to DRD TACTICAL LLC.’s Designated Copyright Agent, identified below. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Website by sending us a notice ("Notice") complying with the following requirements.

A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works;

A description of the allegedly infringing material and information sufficient to permit us to locate the material;

Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address 

A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and

A statement by you that the information in the notification is accurate and that under penalty of perjury you have the authority to enforce the copyrights that are claimed to be infringed.



You should provide notice of any alleged copyright infringement to our designated agent as follows:

Roxanne Turck 
Executive Assistant
1-855-DRDGEAR (373-4327)
export@drdtactical.com

DRD Tactical
6987 Laura Street
Lyons Falls, NY 13368