The Atomic Defense website located at www.AtomicDefense.com, and all associated sites linked by Atomic Defense, its subsidiaries and affiliates (the “Website”) is owned and operated by Atomic Defense (“Atomic Defense”) or (“AtomicDefense”) or (“AtomicDefense.com”).
This Agreement shall be governed and construed under the applicable laws of the State of California. The parties hereto agree that any claim of violation of this Agreement or arising out of or related to this Agreement shall be resolved finally through binding arbitration before a neutral, mutually-selected arbitrator, pursuant to the procedural rules of either the American Arbitration Association or JAMS/Endispute. The prevailing party in any such dispute shall be entitled to an award of fees and costs, including attorneys’ fees, as well as all other available forms of relief or damages.
The Website contains certain areas where Atomic Defense may allow you to provide certain information. This information is collected in order to allow Atomic Defense to engage you as a user of the Website.
Accounts, Passwords, and Security
Portions of the 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 us with current, complete and accurate information as prompted by the applicable registration form, and choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to: (a) immediately notify Atomic Defense 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. Atomic Defense 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 Atomic Defense or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
Reviews and Comments
We welcome your comments regarding this Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent through the Atomic Defense.com website shall be and remain the exclusive property of Atomic Defense. Your submission of any such Comments shall constitute an assignment to Atomic Defense of all worldwide right, title and interest in and to all copyright and other intellectual property rights in the Comments. Atomic Defense will be entitled to use, reproduce, disclose, publish and distribute forever in all formats known and unknown any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. You may not use a false email address or otherwise attempt to falsely assume the identity of any person or entity, or to mislead as to the origin of any Comments. Atomic Defense reserves the right, without assuming any obligation, to remove or edit any Comments.
Links to Third Party Websites
Restrictions on Use, Copyright and Trademark Notice
The Website contains text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively with all information and material about the Atomic Defense brand, and Product and Service offerings, “Content”). All of the Content you see and hear on the Atomic Defense.com Website, including, for example, all of the page headers, images, illustrations, graphics, video clips and text, are subject to trademark, copyright and/or other intellectual property rights or licenses held by Atomic Defense or third parties who have licensed their materials to Atomic Defense.
No Ownership or Editorial Control of Third Party Content; No Statement as to Accuracy
To the extent that any of the Content included in the Website is provided by third party content providers, Atomic Defense 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. Atomic Defense 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 Atomic Defense.
Except as otherwise expressly stated, all Content appearing on this Website is the copyrighted work of Atomic Defense or its third party content suppliers and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of Atomic Defense and is protected by U.S. and international copyright laws. You may download information from this Website and print out a hard copy 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 information. 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 Atomic Defense or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Atomic Defense. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Atomic Defense does not warrant or represent that your use of Content, Products and Services or any other materials displayed on this Website will not infringe upon the rights of third parties.
Digital Millennium Copyright Act (“DMCA”) Information
Atomic Defense respects the intellectual property of others, and we require our users to do the same while using our Website. Atomic Defense 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 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):
• A physical or electronic signature of person authorized to act on behalf of the copyright holder of an exclusive right that is allegedly infringed;
• 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;
• 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;
• 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;
• 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 Atomic Defense, its agent, or the law; and
• 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:
Atomic Defense, Attn:
Atomic Defense® and Atomic® are trademarks or registered trademarks of Atomic Defense. Atomic Defense and other parties may also have trademark rights in other terms used throughout this Website. The domain name for this Website, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of Atomic Defense. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners.
Limited License and Website Access; All Rights Reserved
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 the 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 Atomic Defense to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by Atomic Defense, 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 Website, you agree you will not:
a) 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;
b) Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Atomic Defense representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) 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);
d) 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;
e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
f) Use the Website’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);
g) Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;
h) Violate any applicable local, state, national or international law;
i) Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
j) Delete or revise any material posted by any other person or entity;
k) Manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology or directly link to any portion of the Website other than the main homepage in accordance with the Limited License and Website Access outlined above;
l) Probe, scan, test the vulnerability of or breach the authentication measures of, this Website or any related networks or systems;
m) 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;
n) Harvest or otherwise collect information about others, including e-mail addresses; or
o) Use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any content or information on this Website.
Right to Monitor
Purchases; Other Terms and Conditions
Atomic Defense’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such agreements.
Atomic Defense may make changes to any products or services offered on the Website, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Website with respect to products and services may be out of date, and Atomic Defense makes no commitment to update the materials on the Website with respect to such products and services.
Except where noted otherwise, the List Price displayed for products on our Website represents the full retail price listed on the product. Prices are listed by Atomic Defense and are subject to change from time to time.
Atomic Defense attempts to be as accurate as possible. However, Atomic Defense does not warrant that product descriptions or other content of this Website is accurate, complete, reliable, current, or error-free. If a product offered by Atomic Defense itself is not as described, your sole remedy is to return it in unused condition.
Errors and Inaccuracies
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 information due to an error in pricing or product information, Atomic Defense 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, Atomic Defense may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Shipping and Delivery Estimates; Credit Card Charges; Risk of Loss
Unless expressly stated otherwise, all shipping times specified on the Website are good-faith approximations only, based on the total estimated time to process your order. Please note that this is not a guaranteed delivery date for your order. Shipments to some areas may take longer due to the frequency of deliveries to the delivery zip code, delays in inventory or packaging, transit time to the delivery provider, and transit time to the delivery address.
In the event that we make an express promise to deliver an order within a certain time, we will provide reasonable notification to you if we are unable to fulfill the order in the promised time, and will provide you with further information regarding the delay and your options.
Due to the inherently custom nature of many of the products available for purchase on the Website, it is our policy to process all credit card charges in full at the time an order is submitted. By submitting an order on the Website, you agree that your credit card will be charged in full for the balance of your order at the time the order is submitted.
Title to products which you purchase on the Website, and all associated risk of loss, passes to you upon our delivery of the products to the shipment carrier. In the event that a product return is necessary, title and risk of loss remains with you until the product arrives at our facility.
States with Body Armor Laws
If your state has restrictions or laws for the use, purchase, ownership, or transfer of body armor or other equipment sold by Atomic Defense. You agree by purchasing on the Website that you are a Law Enforcement Officer, Military Member, etc. and are allowed by your state laws to make and complete the purchase online.
Returns and Refunds
Atomic Defense truly appreciates your purchase of our products. We understand that there may be circumstance where you want to return a product. If you would like to return a product, simply contact our customer care department (1-507-400-0490) within 30 days of the ship date of your order. All returns are subject to the following conditions:
• Provide your original receipt and order number, which is printed on both the packing slip and invoice. Once accepted, we will issue a return authorization (RA) number and return shipping address. The assigned RA number should be visible on the outside of the package or the package may be rejected and returned at your expense.
• Returns will be accepted only if product is in original packaging, new condition and undamaged, as determined solely in the discretion of Atomic Defense.
• Products sold as clearance are not eligible for return. Also, the following products are not eligible for return: books, video tapes and DVD’s.
• Atomic Defense reserves the right to charge a restocking fee of up to 20% for returns of greater than 5 duplicate products.
• Atomic Defense is not responsible for return shipping. You should retain tracking number, confirmation, and shipping paperwork for the return shipment.
• Atomic Defense reserves the right to charge a recertification fee of up to 20% for returns that are ballistic, bulletproof, or otherwise bullet-resistant.
If a product is returned within this time frame and conditions, Atomic Defense will exchange it or offer a refund based upon the original payment method. For check transactions over $250, Atomic Defense will mail a refund check to you within ten (10) business days.
Void Where Prohibited
Atomic Defense Website may be administered and operated from various locations within or outside the United States. Although the Website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Atomic Defense 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 Website is void where prohibited. If you choose to access the Website from outside the United States, this is on your own initiative and you are solely responsible for complying with applicable local laws.
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 Website, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Atomic Defense may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Atomic Defense’s rights or property, or the rights or property of visitors to or users of the Website, including Atomic Defense’s customers. Atomic Defense reserves the right at all times to disclose any information that Atomic Defense deems necessary to comply with any applicable law, regulation, legal process or governmental request. Atomic Defense also may disclose your information when Atomic Defense determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that Atomic Defense may, in its sole discretion and without prior notice, terminate your access to the Website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Website or any service offered on or through the Website, or (4) unexpected technical issues or problems.
Exclusion of Warranties; Disclaimer
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE 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, ATOMIC DEFENSE 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 WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE 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 OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; VIRUS-FREE OR ERROR-FREE AND (7) WARRANTIES THAT ERRORS IN THE WEBSITE SOFTWARE WILL BE CORRECTED.
Atomic Defense does not warrant or make any representations regarding availability, accuracy, reliability, completeness, or timeliness of the materials, services, text, graphics, and or links associated with this Website. If your use of this Website or the materials, services, text, graphics, and or links associated with this Website results in the need for servicing or replacing equipment or data, Atomic Defense is not responsible for those costs. The material associated with this Website is provided solely for entertainment and promotional purposes. The information and opinions expressed in News Feeds, Bulletin Boards, Chat Rooms, Blogs or other forums conducted on this website (“Forums”) are not necessarily those of Atomic Defense or its content providers, advertisers or sponsors and Atomic Defense makes no representations or warranties regarding that information or those opinions.
Limitation of Liability
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.
Applicable Law; Disputes
By visiting Atomic Defense.com, you agree that the laws of the State of California, without application of any conflict of laws provisions. The U.N. Convention for the International Sale of Goods shall not apply. The Parties agree that any disputes arising out of or relating to this Agreement shall be litigated only in state or federal court in Fresno County, California. The Company hereby submits to the personal jurisdiction of such courts and agrees not to contest venue.
Social Media Contests
To provide fair and equal chance of winning to all Social Media (Facebook, Twitter, Instagram) participants or followers, the following terms and conditions will apply for all contests on this Website, as well as via Facebook, Twitter and Instagram websites or applications.
Entering Contests and Choosing and Contacting Winners
NO PURCHASE NECESSARY TO ENTER ANY WEBSITE CONTEST. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING. Contest and promotions are open to US residents only. All participants must be 18 years of age or older, unless otherwise stated and/or posted.
Winners of random social media contests will be chosen at random from “follower” participation. Entrants must follow the action requested in the contest announcement. For example, “like” a photo; “post” and “tag” a photo; “tag” yourself on a provided photo; “comment” on a post. Atomic Defense is not responsible for and will not consider incomplete or incorrect entries, or emails sent or entries mailed but not received by stated contest deadline for any reason, as potential contest winners. Winners of all contests will be contacted at the “follower” social media profile used to enter the contest, and the person receiving and replying to the winner announcement message will be considered the winner unless they specify another person within the reply message as the winner. Atomic Defense will mail the contest prize to the address supplied by the recipient of the winner announcement message. Only one entry per social media profile used to enter will be considered for contest entry, unless multiple entries are specifically allowed in the contest posting. Unless otherwise specified in an individual contest post, no person may enter any contest more than once using multiple social media profiles. Claiming of prizes requires a reply to Atomic Defense from the winning social media profile within 15 days of being notified of winning at the social media profile used to enter. Failure to respond shall mean that the winner forfeits the prize. Atomic Defense is not required to award elsewhere any prizes forfeited by the chosen winner(s).
Submission of photo, text or other content for Contests
Entries selected for display and to win “best of” contests and any other contests requiring photo, text or other content from the entrants will be judged entirely at the discretion of Atomic Defense. By submitting any photo or information to Atomic Defense, you hereby grant to Atomic Defense and its affiliates, subsidiaries, licensees and assigns, an irrevocable, perpetual and royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the submitted photo or other information in any and all media, whether now known or hereinafter created, throughout the world and for any purpose. In addition to other things, the rights granted to Atomic Defense includes but is not limited to the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of the submitted photo. By submitting any photo or information to Atomic Defense, you hereby represent and warrant that the submitted photo or information does not and shall not infringe on any copyright, any rights of privacy or publicity of any person, or any other right of any third party, and you have the right to grant any and all rights and licenses granted to Atomic Defense herein, including but not limited to all necessary rights under copyright, free and clear of any claims or encumbrances. You acknowledge and agree that Atomic Defense shall have no obligation to post, display or otherwise make publicly available any photo or information submitted by you, and may, in its sole and unfettered discretion, remove, edit, modify or delete any photo or information that you submit to Atomic Defense. You understand and intend that any photo or information submitted by you to Atomic Defense may be available for viewing, rating, review and comment on by the public, and understand that comments or ratings with which you disagree or are unhappy about may be published or otherwise become associated with any photo or information you submit to Atomic Defense. By submitting any photo or information to Atomic Defense, you hereby waive any privacy expectations that you may have with respect to any such photo or information submitted by you to Atomic Defense.
You hereby agree to hold Atomic Defense and its affiliates, subsidiaries, licensees, sponsors and assigns harmless from and against, and hereby waive any right to pursue, any claims of any nature arising in connection with the inclusion in, publication via or display on any Atomic Defense site, or any other use authorized under these Terms, of any photo or information submitted to Atomic Defense by you;
Photos or information submitted by you to the Website shall be the property of Atomic Defense, and Atomic Defense shall have no obligation to preserve, return or otherwise make available to you or others any photos or information so submitted.
Winners are solely responsible for all taxes and/or fees that may be incurred. All cash winners are required to verify proper and legal picture identification and Social Security number within 30 days of notification of winning the cash prize. Winner may forfeit any and all cash winnings if verification cannot or has not been made within 30 days. Upon proper verification, cash winnings will be awarded by check, and mailed to winner’s mailing address within seven (7) business days.
Each prize winner must supply Atomic Defense with his/her legal name, mailing address, birth date, daytime and nighttime telephone numbers. In the case of a cash winner, winner must also supply social security number.
Winners may not request substitutions of prize winnings. All winners are solely responsible for any and all taxes and/or fees, and all such additional costs that may be incurred.
Neither Atomic Defense, Atomic Defense sponsors, nor employees of Atomic Defense or sponsors may be held liable for any warranty, costs, damage, injury, or any other claims incurred as a result of usage of any winners of a prize once possession has been taken of the product by winner. Atomic Defense is not liable for any loss arising out of or in connection with or resulting from any contest promoted by Atomic Defense.
If the specified prize becomes unavailable due to unforeseen circumstances, Atomic Defense may substitute a prize of like or equal value.
For a list of contest winner names, mail email@example.com
Management, employees and families of Atomic Defense are prohibited from winning any prizes awarded by Atomic Defense.
Atomic Defense reserves the right to alter any rules of any contest at any time. If you have any questions or complaints about a Atomic Defense contest, please contact Atomic Defense.
International Sales and Exports
Atomic Defense will not export products or services to foreign governments that any U.S. Agency has written into policy or law that they do not want them to have. This includes citizens of foreign governments or agents of foreign governments. Foreign transactions on this website or through Atomic Defense may be tracked or recorded by the U.S. Federal Government for statistical, informational, guidance, or other reasons.
Products or services that are going to be exported by Atomic Defense or are thought to be eventually exported to another country will be substituted for the most similar item that does not have a restriction by a U.S. agency.
Feedback and Information
Any feedback you provide at this Website shall be deemed to be non-confidential. Atomic Defense shall be free to use such information on an unrestricted basis. The information contained in this Website is subject to change without notice.