The terms and conditions stated herein apply to your account with fctacticalgear.com (the “Website”) and when making any purchase(s) from the Website. By opening an account on the Website and/or by making any purchase(s), you agree to the terms and conditions stated herein. We reserve the right to change these terms and conditions from time to time. It is your responsibility as part of your account and/or prior to making any purchase(s) to review these terms and conditions as they are updated from time to time. Your continued use of an account and/or by making any purchase(s) through this Website constitutes your agreement to these terms and conditions. The term “You” refers to the account holder(s) and/or any person making a purchase from the Website. The terms “Company”, “us” or “we” refers to FC Tactical Gear LLC, including its affiliated company(ies) or other entity(ies) with common ownership.
In Maintaining an Account and/or by making a Purchase from the Website, You Warrant and Represent as Follows:
You will not provide any false, misleading or inaccurate information pertaining to your account or with regard to any purchase from the Website. You are eighteen (18) years or older in opening an account and are twenty-one years or older if purchasing a firearm, ammunition or accessory components of any kind. You agree to maintain current information with regard to your account. You will not use your account or any product purchased from this Website for any unlawful purpose. You recognize and agree that we adhere to all applicable state and federal laws regarding the sale of our products to people located in other states if restrictions apply. As such, if purchasing firearms, ammunition or accessory components, you represent and warrant that you are not prohibited by federal, state or local law, from purchasing or receiving firearms, ammunition, or accessory components of any kind. You are the actual purchaser of the firearm(s) from the Website and you are not purchasing a firearm for someone who cannot legally purchase or receive a firearm under federal, state or local law. You recognize and agree that we adhere to all applicable state and federal laws regarding the sale of our products to people located in other states if restrictions apply. You agree to read the user manual and follow all instructions and any warnings before using any firearm(s), ammunition, or accessory components of any kind. You recognize and agree that federal law prohibits the sale, transfer, or export of certain items to certain restricted parties, destinations, and embargoed countries, and it is your responsibility to be aware of these restrictions and you will not engage in any unauthorized transaction involving the export of restricted products to any restricted parties or destinations.
Incorporation by Reference:
ALL MERCHANDISE PURCHASED FROM THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE MERCHANDISE WILL MEET YOUR REQUIREMENTS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS. THE ONLY WARRANTY PROVIDED IS THAT WHICH MAY BE PROVIDED BY THE MANUFACTURER OF THE PRODUCT. THE WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND OFFERINGS AT THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR OFFERINGS AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE AT THIS WEBSITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THIS WEBSITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OFFERINGS OR CONTENT AVAILABLE ON OR THROUGH THIS WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES. WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE WEBSITE, INCLUDING ANY OFFERINGS OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE, THE ADDITION OF FREE OR FEE-BASED SERVICES, OR CHANGES TO LIMITATIONS ON ALLOWABLE CONTENT.
Limitation of Liability:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE, OR MERCHANDISE PURCHASED FROM THIS WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE GOVERNED BY OUR REFUND POLICY.
You agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses, including attorneys’ fees, claimed by anyone that may arise from your use or misuse of this Website or any merchandise purchased from this Website. We reserve the right, at your expense, to assume the exclusive defense and control of any claim(s) asserted against us subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Survival of Provisions:
Your obligations contained herein, including but not limited to, the disclaimers, limit of liability and indemnification contained herein shall survive the purchase of any merchandise from this Website and/or the termination of your account.
We reserve the right at any time and from time to time with or without cause, to cancel all or any part of your purchase by notice to you. Our cancellation is immediately effective upon delivery of the communication whether or not received by you. In the event of such cancellation, we shall not be liable to you for damages of any kind. We further reserve the right at any time and from time to time with or without cause, to terminate your account. Our cancellation is immediately effective upon delivery of the communication whether or not received by you. In the event of such cancellation, we shall not be liable to you for damages of any kind.
Although this Website may be accessible worldwide, we make no representation that materials on this Website are appropriate or available for use in locations outside the United States. Those who choose to access this Website from other locations do so on their own initiative and at their own risk. If you choose to access this Website from outside the United States, you are responsible for compliance with local laws in your jurisdiction. Any Offering on this Website is void where prohibited.
Governing Law and Venue:
This Website (excluding any Third Party websites) is controlled by us from our offices in Fort Worth, Texas. The laws of the State of Texas shall be controlling with regard to this Website, your account and any purchases from this Website without regard to the conflicts of laws principles thereof. You agree and hereby submit to the exclusive, personal jurisdiction and venue of the 462nd District Court | Denton County, TX with respect to any matter arising out of this Website, your account and any purchase from this Website.
Exclusion of Class Actions
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND WE AGREE THAT (A) EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, (B) WE BOTH HEREBY WAIVE ANY RIGHT TO BRING CLAIMS AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (C) UNLESS BOTH YOU AND WE AGREE TO THE CONTRARY, MORE THAN ONE PARTY’S CLAIMS MAY NOT BE CONSOLIDATED OR JOINED BY THE APPLICABLE COURT AND (D) ANY RELIEF AWARDED TO YOU CANNOT AFFECT OTHER USERS AND VICE VERSA.
You agree to allow us to submit notices to you either through the most recent email address provided, or to the address we have on record. Any notices or communication to us must be sent in writing to FC Tactical Gear LLC Attn: President, 4500 Mercantile Plaza, Fort Worth, TX 76137. Notices will be deemed effective on you upon delivery and effective on us upon receipt.
No Resale Right:
You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of this Website.
In addition to our rights under these terms and conditions, we shall be excused from liability for non-delivery or delay in delivery of products available through our Website arising from any event beyond our reasonable control, whether or not foreseeable by us, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any provision contained herein is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intent of the provision, and the remaining provisions and portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these terms and conditions or related rights shall not constitute a waiver of that right or provision.
Incorporation of Regulations:
You agree to incorporate into these terms and conditions any and all statutes, rules and regulations which may now or hereafter be required to be integrated into these terms and conditions by any federal, state or local law and the same shall hereby be deemed incorporated.
You are responsible for all excise, sales and use taxes applicable to your purchase.
Once an order is placed through your account you agree to cooperate with us in a timely manner regarding your purchase. After your order is placed, unless we permit in writing, you shall not have the right to make any changes to packing, destinations, specifications, delivery schedules or products ordered. You agree to pay for any and all shipping costs and insurance related to your purchase.
You may not assign your account or any purchase made thereunder to any other person or entity.
You agree that we shall have the right to setoff against your funds held by us for all claims for money due or to become due from you to us under this Agreement or arising from your purchase.
These terms and conditions constitute the entire agreement and understanding between us and you concerning the subject matter hereof and supersedes all prior agreements and understandings with respect thereto. These terms and conditions may not be altered, supplemented, or amended by the use of any other document(s) or by any other content on the Website other than replacement terms and conditions that we post on the Website. To the extent that anything in or associated with the Website is in conflict or inconsistent with these terms and conditions than these terms and conditions shall take precedence and control over any other conflicting term.