Terms & Conditions
READ CAREFULLY. This Terms of Use Agreement (“Terms of Use”) applies to use of the “Special Ops Security” website located at https://SpecialOpsSecurity.com (the “Site”). The Site is the property of Special Ops Security, Inc. BY USING THE SITE, YOU UNDERSTAND AND AGREE TO THE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Special Ops Security reserves the right, at its discretion, to change, add or remove portions of this Terms of Use, at any time. It is your responsibility to check this Terms of Use each time before using the Site. As long as you comply with this Terms of Use and any such modifications, Special Ops Security grants you (“End User”) a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site.
Copyright and Trademark Notice
All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site (collectively, “Content”), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned or licensed by or to Special Ops Security, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in this Terms of Use, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Special Ops Security’s prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and Special Ops Security reserves all rights not expressly granted hereunder. Special Ops Security expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.
SpecialOpsSecurity.com, is a trademark or service mark of the Site. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Special Ops Security. All other trademarks or service marks are property of their respective owners. The use of any Special Ops Security trademark or service mark without Special Ops Security’s express written consent is strictly prohibited.
Use of Site
You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your permission to access this site will be revoked and legal action will ensue. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site. You also agree that Special Ops Security may, at its sole discretion and without prior notice to you, terminate your access to the Site for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others’ attempting to do so, (2) overcoming software security features limiting use of or protecting any Content, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of this Terms of Use, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that Special Ops Security will not be liable to you or to any third party for termination of your access to the Site.
Use/Disclosure of Your Personal Information
As more fully described in our Privacy Policy, you must disclose certain Personally Identifiable Information to make purchases. As a condition of making any purchases of any products and/or services or conducting any transactions, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your Personally Identifiable Information and Non-Personally Identifiable Information as described in our Privacy Policy. Our Privacy Policy’s terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases. While Special Ops Security takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL SPECIAL OPS SECURITY OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER SPECIAL OPS SECURITY WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
Consent to Our Communication
By initiating e-mail with us, and each time you make a purchase of our service and products, you grant permission for Special Ops Security to contact you at your e-mail address. To stop receiving our marketing emails, send an e-mail to us at sales@specialopssecurity•com or follow the opt-out procedures set forth in such marketing emails.
Conditions of the Sale and Payment Terms
To purchase any goods and/or services on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a natural person or a legal representation (corporations, partnerships or other legal entities) within the United States and your country of residence, and (c) be in compliance with any contractual agreement with Special Ops Security. Prior to the purchase of any goods or services on our Site, you must provide us with a valid check, money order or other agreed upon payment means, which should include the following information: (i) your legal name and address, (ii) any date of expiration and (iii) any activation numbers or codes needed for us to remit payment. By submitting that information to us, you hereby agree that you authorize us to remit payment at our convenience but within two years (730 days) of authorization. All sales of products and services are final. All charges from those sales are nonrefundable.
Methods of Payment and Taxes
All payments must be made by check, money order or other agreed upon payment means. We currently do not accept any other payment form, although in the future we may change this policy. YOU, AND NOT SPECIAL OPS SECURITY, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOU BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Special Ops Security of any discrepancies within sixty (60) days after they first appear on your bill or statement, you agree that they will be deemed accepted by you for all purposes. If Special Ops Security does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Special Ops Security or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. Special Ops Security shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within any states or localities that it deems is required.
Order Acceptance
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Special Ops Security reserves the right at any time after receipt of your order to accept or decline your order for any reason. Your order will be deemed accepted by Special Ops Security upon our delivery of products or services that you have ordered. All orders placed over $1000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.
No Responsibility to Sell Mispriced Products/Services
Special Ops Security shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Special Ops Security shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and you have been billed. If you have already paid for the purchase and your order is canceled, Special Ops Security shall immediately issue a credit to you in the amount of the charge.
Modifications to Prices or Biling terms
Special Ops Security RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE, IN A MAILING SENT TO YOUR ADDRESS ON RECORD, VIA A PHONE CALL TO YOU OR YOUR ASSOCIATES OR BY E-MAIL DELIVERY TO YOU.
Service and Support
ALL ITEMS ARE SOLD AS IS WITHOUT WARRANTY FROM SPECIAL OPS SECURITY OF ANY KIND. All requests for service and support should be made directly to the manufacturer, in accordance with their terms and conditions. You agree to indemnify and hold harmless Special Ops Security and its parents, sister companies, subsidiaries, affiliates, service providers, other End Users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or related to your violation of this Terms of Use, or your violation of any law, regulation or third-party right.
Disclaimer of Warranties
THE SITE, PRODUCTS, SERVICES, CONTENT, DIGITAL DOWNLOADS, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED “AS IS.” SPECIAL OPS SECURITY EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE SPECIAL OPS SECURITY SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.
Limitations on Liability
THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY CONTENT AND/OR DIGITAL DOWNLOADS REMAINS WITH YOU. IN NO EVENT SHALL SPECIAL OPS SECURITY OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, CONTENT AND/OR DIGITAL DOWNLOADS, WITH THE DELAY OR INABILITY TO USE THE SPECIAL OPS SECURITY SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SPECIAL OPS SECURITY SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF SPECIAL OPS SECURITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT SPECIAL OPS SECURITY SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO SPECIAL OPS SECURITY BY END USER. YOU ASSUME ALL RISK OF LOSS FOR SHIPPED PRODUCTS. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF SPECIAL OPS SECURITY. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
General
No delay or failure to take action under this Terms of Use shall constitute any waiver by Special Ops Security of any provision of this Terms of Use. If any provision of this Terms of Use is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this Terms of Use will continue in full force and effect. This Terms of Use will bind and inure to the benefit of Special Ops Security’s permitted successors and assigns. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises. This Terms of Use shall be governed by the laws of the State of Ohio without regard to or application of any conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in Orange County, in the State of California. This Terms of Use is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Terms of Use shall be null and void. Use without consent or notice. This Terms of Use (including all documents expressly incorporated herein by reference, including but not limited, to the relevant Usage Rules) constitutes the complete and exclusive agreement between Special Ops Security and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
This policy was last updated on 07 APRIL 2005.