1. Introduction. Imminent Threat Solutions, (the “Website”) permits users like you to purchase products, in accordance with the terms of these Terms and Conditions (the “Agreement”).
2. Legal Agreement.
(a) Please read this Agreement carefully. This Agreement is a legally binding agreement between you (“you” or “your”) and Imminent Threat Solutions Inc., a Texas Corporation (“Imminent Threat Solutions” or “ITS Tactical” or “we” or “our” or “us””).
(b) The effective date of this Agreement (the “Effective Date”) is the date you first use the Website. By using the Website, you agree to be bound by this Agreement. If you choose to accept this Agreement, you must do so as written, without modification. If you do not agree to abide by the terms of this Agreement, please discontinue your use of the Website immediately. You agree that by using the Website, such use constitutes your acceptance of this Agreement and your agreement to be bound by the terms of this Agreement. You warrant and represent that you are at least 18 years old and that you have the legal authority to enter into this Agreement as an individual or on behalf of your employer. Imminent Threat Solutions and you are individually, a “party” and collectively, the “parties.”
(c) You agree that any purchase of Products from us, whether through the Website, or otherwise, shall be governed by this Agreement.
3. Terms and Termination. The term of this Agreement shall begin on the Effective Date and continue until terminated as expressly provided in this Agreement (the “Term”). You may terminate this Agreement at any time by delivering an email to us at the address listed in the “Support” section of the Website. Imminent Threat Solutions may immediately terminate this Agreement as required by law or due to your breach of any provision of this Agreement in ITS Tactical’s determination. Termination will become effective immediately. Upon termination, all rights granted by Imminent Threat Solutions to you under this Agreement, including your use of the Website, shall immediately terminate and you will not be allowed to use the Website or purchase Products. The following Sections of this Agreement shall survive termination or expiration of this Agreement for any reason: 3, 5, 12 and 21.
4. Updates to this Agreement. IMMINENT THREAT SOLUTIONS RESERVES THE RIGHT TO AMEND THE WEBSITE AND THE TERMS OF THIS AGREEMENT IN ITS DISCRETION FROM TIME TO TIME. YOU ARE RESPONSIBLE FOR MONITORING THE WEBSITE FOR CHANGES TO THIS AGREEMENT. Imminent Threat Solutions may, but is not obligated to, offer upgrades, updates and improvements to the Website and to add or discontinue any Products at any time.
5. Prohibited Uses.
(a) You may only use the Website and purchase Products for legal purposes (the “Purpose”).
(b) You shall not use the Website or Products: (i) to harass, intimidate, embarrass, or threaten any person, (ii) for any illegal, libelous, obscene, pornographic, or illegal purpose, or (iii) in a manner that violates any laws, rules, or regulations.
(c) You shall not copy, modify, creative derivate works of, or reverse engineer, in whole in or part, Imminent Threat Solution’s (i) Website, including its components or contents, in whole or part, (ii) Products, or (iii) trademarks, service marks, trade dress, patents, patents pending, copyrights, and other intellectual property, including, without limitation, photographic images (the foregoing in (a) – (c) collectively, the “Intellectual Property”).
(d) Except as expressly stated in this Agreement, Imminent Threat Solutions does not grant you any license or ownership rights, including in the Intellectual Property, and all rights not expressly granted by Imminent Threat Solutions to you under this Agreement are expressly reserved to Imminent Threat Solutions.
6. Orders. You must be at least 18 years old to order any knives. Some items on the Website may be illegal in your area, or other areas, to possess. You shall be responsible to check all applicable federal, state and local laws concerning the purchase, ownership, use and possession of any Products sold to you on the Website.
7. Legal Disclaimers. Imminent Threat Solutions offers no legal advice regarding laws applicable to your purchase of Products. It is your responsibility, as the buyer and not ITS Tactical, as the seller, to ascertain and obey all applicable international, federal, state and local laws regarding your purchase and use of Products. VELCRO® and ONE-WRAP® are registered trademarks of Velcro BVBA. Used with permission.
8. Change and Cancellation Policy. If you order the wrong Products, you may have your order refunded up until the time the order is shipped. Once an order has been shipped, if you wish to change an item, you must follow the guidelines in the “Returns and Exchanges” section below. If you would like to cancel your order you may do so up until the time the order has shipped. Once an order has been shipped you must follow the guidelines in the “Returns and Exchanges” section below. You can contact us about a change or cancellation at the email listed in the “Support” section of the Website.
Credit Card Orders. We accept Visa, Mastercard, Discover and American Express. We do not accept Paypal. By ordering with a credit card you agree that you are authorized to use such credit card and if there is a billing dispute, to handle any billing disputes directly with us.
Imminent Threat Solutions reserves the right to request identification for any purchases of any kind. No customer shall be obligated to provide identification, however failure to provide requested information may result in the cancellation of the customer’s order. If the order is cancelled, charges to the credit card used will be voided or refunded.
(a) For more information concerning shipping, please visit our “Support” page on the Website for complete information.
(b) Imminent Threat Solutions makes no guarantees about shipping time. We will attempt to stay within the specified time frames indicated on the Website; however, delays may result from occurrences, such as, without limitation, customer verification, declined credit cards, restricted items, legal prohibitions, product unavailability, acts of God and other force majeure events.
(c) Address Verification. In many cases, orders that are placed with a ship to address that is not authorized by the credit card issuer are subject to shipping delays, verification emails/telephone calls and/or cancellation. Additionally, orders that are shipped to an address other than the authorized billing address are subject to shipping delays and verifications. In situations where we cannot confirm the validity of an order or we suspect fraud, the order will be cancelled.
11. Returns and Exchanges.
(a) ITS Tactical proudly stands behind every product we offer. If you have an issue with your merchandise and wish to return or exchange it, please notify ITS within 14 days of receiving the item and we will provide you with an RMA number for return/exchange. Returns without an RMA number may be subject to additional processing time and delay in crediting your account. If your return/exchange is due to an error on the part of ITS Tactical, we will provide you with a pre-paid shipping label to return the product to us. Warranty issues will be handled on a case by case basis.
(b) If your return/exchange is not the result of an error by ITS Tactical, you will be responsible for all return shipping costs. Please send your return/exchange using a reliable carrier that offers tracking. It is strongly recommended that you insure the package, as you will be responsible for ensuring all items are delivered to us in their original condition.
(c) ITS Tactical will NOT accept returns/exchanges on medical products such Trauma Shears or Tourniquets (or kits that include these components), unsealed and/or punctured Trauma Kits, apparel items including shirts, hats or any items that are worn, damaged or consumable. If these items are sent to us for return, you will be responsible for return shipping to receive your merchandise back. Warranty issues will be handled on a case by case basis. If an ETA or EDC Trauma Kit becomes unsealed during transit, please contact us immediately upon arrival so that we can remedy the situation.
12. Representations and Warranties. By placing an order, you warrant and represent that you will use the Products in a lawful manner and that you are of legal age to purchase and use the Products.
13. Indemnification. You shall defend, indemnify and hold harmless Imminent Threat Solutions and its affiliates and their employees, managers, members, officers, shareholders, directors, agents, representatives, contractors, insurers, attorneys, successors and assigns from and against all claims, demands, judgments, losses, liabilities, damages, costs, fees, expenses, including, without limitation, attorney’s fees, expert witness fees and court costs, arising out of your (a) unauthorized use of the Website, Products, or Intellectual Property, or (b) any other breach of this Agreement.
14. Disclaimer of Warranties.
(a) EXCEPT AS EXPRESSLY STATED HEREIN, IMMINENT THREAT SOLUTIONS: (A) PROVIDES ACCESS TO THE WEBSITE AND THE PRODUCTS ON AN “AS IS” BASIS, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR GUARANTEES, (B) MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE AND THE PRODUCTS, AND (C) SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY AGAINST NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY IN CONNECTION WITH YOUR ACCESS TO THE WEBSITE AND THE PRODUCTS. EXCEPT AS EXPRESSLY STATED HEREIN, IMMINENT THREAT SOLUTIONS DOES NOT WARRANT THAT THE WEBSITE OR ANY THE PRODUCTS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR THAT THE PRODUCTS WILL PROVIDE SECURITY OR PROTECTION AGAINST HARM, INJURY, DISMEMBERMENT, OR DEATH, OR THAT THE CONTENT OF THE WEBSITE OR METHOD OF DELIVERY WILL BE FREE OF ERROR. THE PROVISIONS OF THIS SECTION SHALL BE IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
(b) Without limiting the generality of the foregoing in this Section, Website mistakes (such as, without limitation, pricing errors, Product misinformation and stock discrepancies) are inevitable. Imminent Threat Solutions is not required to honor pricing errors. At our discretion, we may cancel any order where we determine there has been a pricing error. If we have provided Product misinformation for your order, you have the right to return your purchased Product without penalty (subject to the return policy stated herein). If there is a stock discrepancy, you have the right to retain your order until it can be filled or to cancel your order without penalty.
(c) Without limiting the generality of the foregoing, Imminent Threat Solutions will not be held liable for the misuse of any Product purchased from us or any of our distributors and dealers.
15. Limitations of Liability.
(a) IMMINENT THREAT SOLUTIONS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOSS OF BUSINESS, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF A PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IMMINENT THREAT SOLUTION’S TOTAL LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM UNDER THIS AGREEMENT, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO IMMINENT THREAT SOLUTIONS UNDER THIS AGREEMENT. THE PROVISIONS OF THIS SECTION SHALL BE IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
16. Compliance with Applicable Law. Except as expressly permitted herein, all other notices provided for herein shall be effected either by recognized international express courier, postage pre-paid, or by Certified United States Mail, postage pre-paid, to the address listed under the “Support” section of the Website in our case and to the address you listed at time of last purchase in your case. Notice shall be deemed received two days following tender to such courier and three days following posting by Mail.
Imminent Threat Solutions
6104 W Pioneer Parkway
Arlington TX 76013
17. Independent Parties. Nothing in this Agreement shall create an employer-employee, partner, joint venturer or agent relationship between Imminent Threat Solutions and you.
21. Assignment. You may not assign or sublicense any part of the Agreement, in whole or in part, without the prior written consent of Imminent Threat Solutions.