Terms & Conditions
Welcome to the MilitaryMade.com website (the "Site").
MilitaryMade.com ("Military Made" "We" "Us" or "Our") provides the content and services available on the Site to you subject to the following terms and conditions ("Terms and Conditions"). By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions which include our Privacy Policy which is incorporated herein by reference.
1. Privacy Policy
Please review our Privacy Policy, which also governs your visit to the Site.
2. Intellectual Property
All content available on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation thereof (collectively, the "Content") is the property of Military Made, our affiliates, partners or licensors, and is protected by United States and international copyright laws.
The trademarks, logos, and service marks displayed on the Site (collectively, the "Trademarks") are the registered and/or unregistered marks of Military Made, our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws.
Except as set forth in the limited licenses in Section 3 below, or as required under applicable law, neither the Content or Trademarks nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
3. Limited Licenses and Use of the Site
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to, and you are not permitted to: (i) frame or utilize framing techniques to enclose the Site or any portion thereof; (ii) modify or download the Site or Content (except caching or as necessary to view the Site); (iii) make any use of the Site or Content other than personal use; (iv) create any derivative work based upon either the Site or Content; (v) collect account information for the benefit of yourself or another party; (vi) use any meta tags, keywords, adwords or any other "hidden text" utilizing our name or the Trademarks or to otherwise use the Trademarks; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark; and (vii) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link.
You further agree not to or permit any other person to:
(a) transmit, distribute or upload programs or material that contain malicious code, including, but not limited to viruses, time bombs, cancelbots, worms, Trojan horses, Easter eggs, spyware, or other potentially harmful programs or other materials or information;
(b) send or enable the transmission of junk email, duplicative or unsolicited messages, or so-called “spamming” or “phishing”;
(c) disrupt, impair, alter or otherwise interfere with the functions, features, Content or use of the Site;
(d) violate any laws, regulations, judicial or governmental order, any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any third party;
(e) gain unauthorized access to the Site; or
(f) improperly display any TCP/IP packet header or part of the header information in any email or other postings.
Any unauthorized use by you of the Site terminates the limited licenses set forth in this Section 3 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
4. Your Obligations and Responsibilities
In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. In addition, by registering with the Site and/or placing an order for any of our products, you accept these Terms and Conditions and the Privacy Policy.
Without limiting the generality of any other provision of these Terms and Conditions, if you breach any of these Terms and Conditions (including our Privacy Policy) you shall be liable for all the losses and damages that this may cause to MiltaryMade.com, our affiliates, partners or licensors.
5. Your Account
You may register at our Site before placing an order for any of our products. When registering, you must give an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password.
We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions (including our Privacy Policy).
6. Purchase of Products and Membership Policy
The products available on the Site are for personal use only. You may not sell or resell any of the products or services you purchase or otherwise receive from us. We have the right to refuse or limit any orders, and to limit quantities. We may grant or deny cancellation requests for individual orders in our sole and absolute discretion, including, without limitation, if we believe that your order may result in the violation of our Terms and Conditions (including our Privacy Policy).
We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Site are accurate, complete, reliable, current, or error-free.
All prices are quoted in U.S. dollars. We may occasionally make errors in the stated prices on this Site. If a product’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.
The display of products on the Site invites you to make us an offer to buy the products. Your order is an offer to buy the products, which we accept only by delivering the products ordered. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer, and is subject to correction before delivery in the event of inaccuracies, errors, product unavailability, or for any other reason.
You authorize us (and any payment processor) to charge your payment card for all purchases you make. We accept the forms of payment stated on the Site and, for credit card payments, charge your credit card when your order is processed. The bank issuing your credit card may control when to release funds in the case of an order cancellation or refund. We reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our service again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon: (a) you providing complete personal, account, transaction and any other information needed, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment. You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Services in breach of any applicable law or regulation; (ii) if you use the Site in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.
We may, from time to time in our sole discretion, offer certain promotional codes. Promotional codes are non-transferable and are not redeemable for cash. The promotion code must be redeemed at the time of checkout, unless otherwise advertised. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Lost promotional codes cannot be replaced. Limit one promotional code per customer. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by Military Made at any time in its sole discretion.
Title to and the risk of loss/damage of all products passes from us to you at the time we deliver the products to the common carrier for shipment. By purchasing products on the Site for shipment, you are asking us to engage a common carrier to deliver your order. In doing so, we are providing a service to and acting on behalf of you. We reserve the right to choose any and all procedures, packaging and the common carrier of sold products. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments.
Stated prices do not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.
Membership. We offer Military Made membership plans (each, a “Membership”) for regular shipments of boxes of products from the Site.
Annual Membership and Pre-Paid Annual Membership.
If you choose an Annual Membership, you will receive products for which you have elected to subscribe every three months. If you sign up for an Annual Membership, you will be immediately billed the price for the Annual Membership that was set forth when you signed up for the Annual Membership. Annual Memberships automatically renew every year and, unless you timely cancel, you will be charged for the next Annual Membership term after your receipt of the fourth box in your Annual Membership.
Quarterly Membership.
If you choose a Quarterly Membership, you will receive products for which you have elected to subscribe once every three months. If you sign up for a Quarterly Membership, you will be immediately billed the price for the Quarterly Membership that was set forth when you signed up for the Quarterly Membership. Quarterly Memberships automatically renew every quarter and, unless you timely cancel, you will be charged for the next Quarterly Membership term up to one month before the next box in your Quarterly Membership is shipped.
Annual Membership Billed Every 6 Months
If you choose this Annual Membership, you will receive products for which you have elected to subscribe once every three months. If you sign up for this Annual Membership, you will be immediately billed the price for Annual Membership that was set forth when you signed up for the Annual Membership. Annual Memberships automatically renew every six months and, unless you timely cancel, you will be charged for the next Annual Membership payment up to one month before the next box in your Annual Membership is shipped.
MEMBERSHIPS AUTOMATICALLY RENEW. YOU ACKNOWLEDGE AND AGREE THAT EACH MEMBERSHIP AUTOMATICALLY RENEWS UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE IT IN ACCORDANCE WITH THESE TERMS.
Cancellation Policy. Memberships may be cancelled at any time, subject to these Terms. In order to cancel your Membership, you may email us at member@militarymade.com or log in to MilitaryMade.com, select “Manage Subscriptions” and follow the instructions given. There are no cancellation fees.
All sales are final. Military Made offers no refunds or returns.
7. Third Party Links
We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us. We are not responsible for examining or evaluating the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions.
8. Contributions to Military Made
Any text, photographs, artwork, ideas, questions, reviews, comments, suggestions or other content that you submit or post to the Site or otherwise provide to us are referred to as “User Content.” The following Terms apply to User Content:
By sharing, submitting or uploading any User Content, you grant Military Made a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, display, publish, perform, sell, transmit, adapt, translate, modify, reverse-engineer, disassemble and create derivative works from your User Content in any manner existing now or created in the future. Subject to the license above, you retain ownership of User Content.
You irrevocably waive and agree not to assert any rights, including any “moral rights,” that you have to prevent us from exploiting the rights granted in this Section 8.
Subject to our Privacy Policy, you also grant us the right to use and display the name, photograph and any other biographical information that you submit with any User Content in connection with such User Content. You agree not to bring any suit in law or equity against, and you hereby release from any and all liability, Military Made, any of its officers, members, managers, employees, agents, affiliates, and/or any other person or entity on the grounds of libel, slander, or invasion of privacy with regard to the User Content or its use by Military Made or such other person or entity.
You acknowledge and agree that you are solely responsible for all the User Content that you make available through the Site. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents, and releases necessary to grant Military Made the required rights to disseminate any User Content and (2) neither your User Content nor your posting, uploading, publication, submission or transmittal of this User Content or Military Made’s use of your uploaded User Content (or any portion thereof) on, through or by the means of the Site, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.
We have no obligation to hold any User Content in confidence or compensate you or anyone else for its use. We have the right to remove or edit any User Content for any reason or no reason at all.
9. Copyright Infringement Notification and Procedure
9.1 If you believe that this Site contains text, images, or other elements that infringe your copyrights in your work, please follow these procedures.
9.2 All notifications of claimed copyright infringement related to this Site should be sent only to our Designated Agent identified below. Note that the Designated Agent may change from time to time, so you should check these Terms and Conditions before sending any notification to us.
(a) Written notification must be submitted by email or mail to the following Designated Agent:
Copyright Officer
(b) Name of Agent Designated to Receive Notification of Claimed Infringement:
The Law Offices of Gregg Sultan
(c) Full Address of Designated Agent to Which Notification Should be Sent:
1203 South Crescent Heights Boulevard, Los Angeles, CA 90035
(d) Telephone Number of Designated Agent:
+1 (646) 481-1726
(e) Email Address of Designated Agent:
greggsultanesq@gmail.com
9.3 In order to comply with Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
(a) An electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the copyright owner of the copyrighted work(s);
(b) Identification of the copyrighted work(s) that you or the copyright owner claim has been infringed;
(c) A description of the material that you or the copyright owner claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page as to this Website where it is lawfully posted;
(d) A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material;
(e) Your name, address, telephone number, and e-mail address;
(f) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(g) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
10. Disclaimers; Representations and Warranties; Limitation of Liability
WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE'S USE OF THE SITE OR ANY PRODUCTS SOLD THROUGH THE SITE, ANY CONTENT POSTED ON THE SITE OR TRANSMITTED TO OTHER USERS OR ANY INTERACTIONS BETWEEN OR AMONG USERS OF THE SITE, WHETHER ONLINE OR OFFLINE.
THE SITE IS PRESENTED "AS IS" AND "AS AVAILABLE." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF ANY MATERIALS CONTAINED IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (F) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (G) EVENTS BEYOND OUR REASONABLE CONTROL.
NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, OUR ENTIRE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, IN NO EVENT SHALL EXCEED THE GREATER OF THE AMOUNT PAID FOR AN AFFECTED PRODUCT OR ONE HUNDRED DOLLARS ($100.00). FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Indemnification
You agree to defend, indemnify and hold us harmless from and against any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site, breach of these Terms and Conditions or Privacy Policy. You also agree to indemnify and hold us harmless from any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
12. California Residents - Proposition 65 Warning
It is required by the state of California that we inform the public about the possible presence of certain chemicals in our products. While we do not believe that our products contain any of the chemicals covered under Proposition 65, we are nevertheless required to provide the following: WARNING: This product contains a chemical (or chemicals) known to the State of California to cause cancer, birth defects or other reproductive harm.
13. Termination; Survival
13.1. Term. We may terminate, change, suspend, restrict or discontinue any aspect of the Site at any time if we believe you are in breach of these Terms and Conditions or applicable law, or for any other reason in our discretion, without notice or liability. These Terms and Conditions will terminate commensurate with the discontinuance or terminations of your Site use privileges. However, the Terms and Conditions will nevertheless continue to apply and be binding upon you and any persons you represent, jointly and severally, regarding your prior access to and use of the Site and Content, and anything connected with, relating to or arising therefrom.
13.2. Modification and Termination of Site and Services. We may modify or terminate the Site or the services, your access thereto, in part or as a whole, at any time, for any or no reason, and without notice or liability to you.
13.3. Suspension or Termination. We may deny you access to all or part of the Site at any time for any reason (including if you violate these Terms and Conditions, as determined in our sole and absolute discretion) or no reason at all. If we terminate for no reason your right to access the Site, we will fulfill our obligations to you related to any orders outstanding at the time of termination.
13.4. Effect of Termination. If you terminate your account, you will remain liable under these Terms and Conditions for any order placed prior to termination. If we terminate your right to access the Site, these Terms and Conditions will terminate and all rights you have to access the Site will immediately terminate.
14. Disputes; Choice of Law; Arbitration; Class Action Waiver
With respect to any dispute regarding the Site or these Terms and Conditions, all rights and obligations and all actions concerning these Terms and Conditions, shall be governed by the laws of New York, as if these Terms and Conditions was a contract wholly entered into and wholly performed within New York. By using the Site, you agree that any dispute in any manner arising out of or relating in any way to these Terms and Conditions, shall be submitted to binding arbitration with Judicial Arbitration and Mediation Services, Inc. (“JAMS”) pursuant to JAMS’ arbitration rules, held before a single neutral arbitrator in the New York, NY area. The parties to arbitration may use legal counsel at their own expense, and the prevailing party shall be entitled to its reasonable attorney’s fees. All costs of arbitration (including arbitrator fees) shall be paid by Military Made, except only if the arbitrator determines the claims are frivolous, or that if you bring the arbitration, you may be charged an initial filing fee that shall not exceed the filing fees that you would incur for bringing an action in court. Claims brought on behalf of or allegedly representing or including other persons or entities, including but not limited to any class, consolidated, representative, collective or private attorney general action, are referred to herein as a “Class Action.” Notwithstanding anything else in the Privacy Policy or the JAMS rules but subject to the exception for injunctive or equitable relief and public injunctive relief below, any parties subject to this arbitration provision shall be barred from bringing or participating in any Class Action related to a dispute covered by this arbitration provision. You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Site or these Terms and Conditions. YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE. However, if these Class Action restrictions are ever deemed illegal or unenforceable, they shall be severed from this arbitration provision. In that event, any Class Action shall be exempt from this arbitration provision and brought in court. This arbitration provision is subject to the Federal Arbitration Act, and may be enforced in any court of competent jurisdiction. Judgment on any arbitration award may be entered in any court having valid jurisdiction thereof. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of with appropriate jurisdiction, including equitable relief, public injunctive relief, or other provisional relief as appropriate and as allowed under this agreement or by law, in which case the parties submit to the sole and exclusive jurisdiction and venue of the state and federal courts of New York, NY.
15. General
You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and any changes are effective immediately.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.