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USER ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS

Extreme Tactical Dynamics, Inc., (the “Company”) provides the www.extremetacticaldynamics.com site and related services (the site) to you, the user, which makes (“You” or “User”) subject to compliance with conditions, notices, and terms contained or referenced herein (the “Terms of Use”). When using or viewing certain services or materials on the site, the User is subject to any posted applicable rules about services or materials in the terms of conditions. All rules and guidelines are incorporated into the Terms of Use.

These Terms of Use are effective as of September 2015. The Company reserves the right to change the Terms of Use. Any changes will be posted and available on the Site when changes are made. Your continued use of the site after changes constitutes acknowledgment of the modified Terms of Use and abides you to be bound by the modified Terms of Use.

In the Terms of Use, a reference to our “Affiliates” includes Company departments, affiliated organizations, officers, directors, members, managers, partners, suppliers, sponsors, and advertisers. Without limitation, these also includes anyone involved in producing, delivering, or creating and providing the site and its contents.

DESCRIPTION OF SERVICES

The Company makes many services available on the Site, including, but not limited to, educational materials, information, and other materials about emergency vehicle lights, opportunities to buy LED lights and accessories, and other like services. The User handles, at the User’s expense, all equipment necessary to use services, including Internet access, modem, and a computer. User handles all payments and fees associated with the access.

The Company reserves the right to modify or discontinue the Site, including any of its features at any time with or without notice to Users. The Company is not liable to a User or a third party should the Company exercise this right. Any news features that enhance or change the then-current services on this site are subject to the new Terms of Use.

REGISTRATION DATA AND PRIVACY

To access some services on the site you will have to create an account. To do this a User will be required to register an account name and password.
When you become an Account Holder, You agree that any information provided to the Registration Data is accurate and correct. You will update and maintain this information as required to keep it accurate, complete, and current.

You grant the Company the right to disclose to third parties certain Registration Data about You. All information is subject to the Company’s Privacy Policy.

ACCOUNT HOLDER INFORMATION

When You register for an account on the site, you become an Account Holder at ExtremeTacticalDynamics.com. Account Holder registration is subject to these Terms and Conditions and other agreements, requirements, and guidelines on the site. The Terms of Conditions can be updated from time to time and are then incorporated herein by reference.

Eligibility

You must be 18 years old or a business or a corporation or governmental entity to be eligible to register on our Site or use the Site’s services.

An Account Holder

Account Holders are entities or individuals that have registered on a site by providing a unique username and password to the system. You must also add contact information, payment details, and shipping address for storage on the Site and third party sites within the Company. Registering for an account on the site is free. Once registered, Account Holders can make repeat or new orders without re-entering information mentioned above. Other benefits such as a loyalty program may become available at the discretion of the company for Account Holders. If this occurs, the Company will alert those that are eligible. An account can be canceled by providing a written request to Customer Service.

BILLING AND INVOICING

Payments for Services and Goods

We bill users for products and services through an online billing system. All payments must be made before orders are shipped or processed. Customers authorize the Company to charge your payment provider for services and goods ordered. You agree to make payments via your designated payment method.

Payment Method

The terms of Your payment are based on Your Payment Method. It is determined by You and the financial instruction or credit card issuer of your (“Payment Method Provider.”) If our Company doesn’t receive payment from your Payment Method Provider, you know the Company reserves the right not to ship or process Your order.

Reaffirmation of Payment Authorization

Your continued use or non-termination use of Service reaffirms the Company is authorized to charge your Payment Method. The Company will submit those charges and you handle costs. This process does not waive the Company’s right to seek payment from you.

Returns

The Company Return Policy is outlined on the Site. If You have questions regarding our Return Policy, it is Your obligation to contact Company customer service. In regards to our returns policy, it is important to note: In regards to our warranty policy, it is important to note:

  • We do not accept returns.
  • If a customer sends back a package without an RMA# on the outside of the box, the package will be refused
  • If an item is returned do to a faulty address or as undeliverable, it is the responsibility of the customer to pay the actual shipping to return it
  • In the event we do accept a return, the customer is subject to a 20% restocking fee and an amount equal to what we paid to ship the item

THIRD PARTY SITES

From time to time, this Site may direct You to other sites or include reference to software, documents, information, or materials and services provided by other companies. The sites could contain information or material that could be found offensive or inappropriate. These parties and sites are not under the Company control. You acknowledge the Company is not responsible for copyright compliance, accuracy, decency, legality, and any other content is not our Company responsibility. We cannot be held liable for omissions or errors about third parties or services or products. The inclusion of a link on our Site is convenience and does not imply endorsement, association, or warranty.

INTELLECTUAL PROPERTY INFORMATION

Content” is defined as any data, information, software, communications, photos, graphics, videos, sounds, or other material on the site. Content includes elements whether the User sees them or not.

By accepting our Terms of Use, You agree and acknowledge that all content presented on our Site is protected by trademarks, copyrights, patents, service marks, laws, and proprietary rights. This content is the sole property of the Company and its Affiliates. You may only use content if authorized by the Company or a content provider.

YOU MAY NOT REPRODUCE, COPY, REPUBLISH, MODIFY, POST, UPLOAD, DISTRIBUTE, OR TRANSMIT ANY INFORMATION OR DOCUMENTS FROM THIS SITE BY ANY MEANS OR IN ANY FORM WITHOUT PRIOR WRITTEN PERMISSION FROM THE COMPANY. THE PERMISSION MUST BE ABOUT SPECIFIC CONTENT. YOU HANDLE SEEKING PERMISSION BEFORE REUSING ANY CONTENT AVAILABLE ON THE SITE. ANY UNAUTHORIZED USE OF CONTENT OR MATERIALS ON THIS SITE MAY VIOLATE TRADEMARK, COPYRIGHT, OR OTHER APPLICABLE LAWS WHICH COULD RESULT IN CIVIL OR CRIMINAL PENALTIES.

All media, images and information displayed on the Site are believed to be the intellectual property of the company.

UNAUTHORIZED USE OF MATERIALS/COPYRIGHT COMPLAINTS

Subject to our Privacy Policy, any material or communication you deliver to the Company will be treated as non-proprietary and non-confidential. This includes electronic mail, post, and any other communication. You will retain rights to material or discussion, but You grant the Company, its agents, and affiliates a paid-up, perpetual, non-exclusive, and global right to distribute, copy, perform, display, translate, publish, modify, and adapt such material for any purpose.

DO NOT SUBMIT PROPRIETARY OR CONFIDENTIAL INFORMATION TO US UNLESS YOU AND THE COMPANY HAVE MUTUALLY AGREED IN WRITING BEFOREHAND.

Extreme Tactical Dynamics respects the intellectual property rights of others. If You believe any party believing its trademark, copyright, or other property rights have been infringed by a posting on our Company site, you should send notification to a (“Designated Agent”) right away. To be effective, the notice must contain the following information:

  • Identity
  • Material identification
  • Contact information
  • Contact information for owner/administrator of infringing website
  • The following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
  • The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  • Signature
  • Must be mailed to the following address:

Extreme Tactical Dynamics
c/o DMCA Takedown Administrator
1410 Park Lane South Suite 4
Jupiter, Florida 33458

You agree and acknowledge that upon receipt of this type of claim or notice, the Company may remove the identified materials without liability to You or any other party.

FOR PURPOSES OF LITIGATION OR DISPUTING INTELLECTUAL PROPERTY CLAIMS, YOU AND THE COMPANY AGREE THE PERSONAL JURISDICTION AND VENUE IN ANY COURT WILL BE IN THE STATE OF FLORIDA AND THE COUNT OF PALM BEACH WITH RESPECT TO SUCH CLAIMS.

DISCLAIMER OF WARRANTY

Our Warranty Policy is outlined clearly on our site and is incorporated herein. If You have any questions regarding the Warranty Policy, it is Your duty to contact our customer service department.

WE DO OUR BEST TO UPDATE THE SITE ON A REGULAR BASIS. IT IS POSSIBLE THE SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. WE CAN MAKE CHANGES TO SERVICES AND MATERIALS ON THIS SITE AT ANY TIME WITHOUT NOTICE.

DISCLAIMER LIMITATIONS OF LIABIILITY/LINKS

Through Your use of our Site, You may have opportunities to engage in transactions with other commercial vendors. All transactions relating to services or merchandise offered by anyone else are agreed upon solely between the You and the seller. THE COMPANY MAKES NO WARRANTY CLAIMS REGARDING ANY 3RD PARTY TRANSACTIONS IN CONNECTION WITH THIS SITE.

Content featured on this Site could represent the judgments and opinions of site users, information providers, and persons not connected to the Company. We do not endorse or are responsible for the reliability or accuracy of these statements unless they are authorized by Extreme Tactical Dynamics.

You agree and understand that temporary interruptions in service could occur. You agree and understand we have no control over 3rd party networks you may access when using this Site. Delays or disruptions or network transmissions are not within our control.

You agree and understand services available on this Site are provided “As Is.” The Company assumes no responsibility for the deletion, timeliness, or failure to store communications or personalization settings.

DISCLAIMER LIMITATIONS OF LIABILITY

THE COMPANY AND ITS AFFILIATES ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. THOSE RESULTING FROM LOSS OF DATA, PROFITS, OR LOSS OF USE WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE SHALL NOT BE LIABLE FOR THIRD PARTY SERVICES OR GOODS OFFERERED THROUGH THIS SITE OR FOR COMMERCIAL TRANSACTIONS THROUGH THIS SITE; INCLUDING THE PROCESSING OF ORDERS.

IN THE EVENT A COURT OR COMPETENT JURISDICTION DETERMINES WE ARE LIABLE TO YOU FOR ANY USE OF THE SITE, SERVICES, OR MERCHANDISE, YOU AGREE THE MAXIMUM AMOUNT OF DAMAGES IS LIMITED TO WHAT YOU HAVE PAID TO EXTREME TACTICAL DYNAMICS FOR THE GOOD OR SERVICES THAT GAVE RISE TO DAMAGE. YOU ACKNOWLEDGE AND AGREE THAT THIS DAMAGE AMOUNT IS REASONABLE.

INDEMNIFICATION

If we request, You agree to indemnify, defend, and hold the Company and Affiliates harmless from expenses, claims, and liabilities. This includes reasonable and necessary attorney fees, expenses that arise from your misuse of Site, and costs. The Company reserves the right to assume the exclusive defense and control of any matter. Your efforts to cooperate with us may be used in our sole and absolute discretion.

TERMINATION OF USE/SEVERABILITY

You agree the Company may terminate or suspend your account at our sole discretion. We may also refuse service without notice or reason. Our refusal of service does not breach Terms of Use. Any suspected abuse, fraud, or illegal activity may be grounds for the Company to terminate your relationship. This type of activity may be referred to law enforcement.

If your account is suspended or terminated, Your right to use the Site ceases immediately. You acknowledge that we can delete and deactivate your Account and all information contained in the file. The Company is not liable for any claims or damages that arise from termination or suspension of actions taken by the company.

GOVERNING/APPLICABLE LAW/DISPUTES

The Site, except outside links, is controlled by us from our offices in Jupiter, County of Palm Beach, State of Florida, United States of America. The Site can be accessed by all states and from other countries around the globe. Each location has laws that may differ from Jupiter, Florida. By accessing this site, You and the Company agree that the laws and statutes applicable in our state without regard to the conflicts of laws in other locations will apply to all matters pertaining to this Site and the purchase of services or products.

YOU AND THE COMPANY AGREE AND HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF COURT OF COMPETENT JURISDICTION WITH THE STATE OF COUNTY OF PALM BEACH, JUPITER, FLORIDA WITH RESPECT TO THESE MATTERS.

NOTICES

All notices shall be in writing and made through conventional mail. Notices must be sent to the attention of Extreme Tactical Dynamics 1410 Park Lane South Suite 4 Jupiter Florida 33458. Notices to You may be sent to the address you supplied during registration data. We may also broadcast notices through the site to inform You of changes to the site or other matters of importance.

ENTIRE AGREEMENT

The terms and conditions in the Terms of Use are an entire agreement and understanding between us and the matter of the agreement. This Terms of Use supersedes all prior agreements and understandings. The Terms of Use may not be amended, supplemented, or altered by the use of other documents. Any attempt to alter, supplement, or amend this document is null and void unless agreed by us in writer agreement.

MISCELLANEOUS

To enforce these Terms of Use, the prevailing party will be entitled to attorney fees, expenses, and costs. Any cause of action brought on by You against the Company or our Affiliates must be brought within one year of the cause of action. If not, the claim will be deemed forever waived.

  • You cannot assign Your rights and obligations under the Terms of Use to any other party. Attempts to do so will be void and null. We may assign our rights and duties under the Terms of Use.
  • You agree you will not sell, reproduce, resell, copy, or duplicate any commercial purposes of any portion of the site or use of access to the site in any way.
  • The company is excused from liability for delay in delivery or non-delivery if the event that caused the delay or non-delivery was out of our control.
  • If any of the Terms of Use is held invalid or unenforceable, it shall be construed in a manner that is consistent to applicable law.
  • Failure by us to enforce or exercise the Terms of Use or related rights is not a waiver of that provision or right.

REVIEWS AND COMMENTS

Except where otherwise provided in this Agreement, you grant us permission to post reviews, ideas, know-how, questions, suggestions and comments to our site. These items are known collectively as (“Submissions”). You give the Site permission to use the name you submit with any comment or review. You cannot use false email addresses, pretend to be someone other than yourself, or provide misleading information to us or other parties when submitting content to the site. We can, but aren’t obligated to, remove or edit submissions for any reason. All submissions are non-confidential/non-proprietary and shall be royalty-free, irrevocable, transferable right to use, distribute, copy, display, perform, publish, lease, transmit, adapt, and used worldwide.

You will not post negative or misleading reviews about our products or services on other websites. Anonymous negative reviews will be subpoenaed from the review company along with a personal IP address, which will be traced to the original owner of the account. All costs involved in discovering the identity of negative reviews, attorney cost, and litigation fees will be borne by the customer. Customers who leave unsubstantiated or misleading reviews of ETD, products, and services on any other website will also have their accounts closed and IP addresses blocked by the site.

INTERNATIONAL ACCESS

Some products are not available outside the US. If products are not available outside the US, they will not be made available despite references. If you live outside the US, it is your responsibility to ensure you access local regulations and laws to ensure compliance.

TYPOGRAPHICAL ERRORS

If a product is listed at the wrong price or without the correct information due to an error or typographical error, we have the right to refuse or cancel the order. We have this right, even if your credit card has confirmed it. If your credit card is already charged when we cancel the order, we will credit your card for the amount of the sale.