Terms & Conditions
QUESTARION ADS, LLC
- INTRODUCTION. Welcome to Gladiatorflashlights.com (the “Website”). This is a binding legal agreement (the “Agreement”) between you (“you”, “your” or “Customer”), and QUESTARION ADS, LLC (“Gladiator Flashlights,” “ we”, “our” or “us”), the owner and administrator of the Website regarding your use of the Website and your purchase of any “Product(s)” through the Website, along with related services, features, content, and offers provided on or through the Website.
- Effective Date. The “Effective Date” of this Agreement is the earlier of October 18, 2016 or your first visit to the Website.
- THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS.
- If you do not agree to be bound by these Terms, you may not enter, access or use the Website, or purchase any products through this Website, and you should exit the Website immediately. By accessing, using or ordering products through the Website, you affirm that you have read this Agreement and understand, agree and consent to all Terms contained herein. You further agree not to use or access Website if doing so would violate the laws of your state, province or country.
- Legal Age Requirement. You must be at least 18 years of age or the age of majority in your jurisdiction of residence (whichever is older) to purchase items from the Website. By placing an order through the website, you represent that you are at least 18 years old or the age or majority (whichever is older) and that the person to whom the Products will be delivered is also the age of majority. Gladiator Flashlights reserves the right to request any buyer to provide written proof of age in any form. At the time of delivery, any shipment containing Products may require further the signature of an adult possessing valid picture identification issued by a government agency providing that he or she is at least 18 years old or the age or majority, whichever is greater.
- Corporate Use. If you are using the Website or purchasing any Product on behalf of a company or other business entity, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that company.
- LICENSE. Subject to your continued strict compliance with this Agreement, Gladiator Flashlights provides to you a revocable, limited, non-exclusive, royalty-free, non-subliceneable, and non-transferable license to use the Website. You may download and print materials and information from the Website solely for your personal use, provided that you do not remove from any such hard copies any copyright and/or other applicable intellectual property notices. You hereby acknowledge and agree that this Agreement provides you with only a limited license to access and use the Website. Accordingly, you hereby acknowledge and agree that Gladiator Flashlights transfers no ownership or intellectual property interest or title in and to the Website to you or anyone else under this Agreement. Gladiator Flashlights hereby reserves any and all intellectual property rights not otherwise expressly granted in this Agreement. In addition, you acknowledge and agree that exceeding the scope of the license herein shall be a material breach of this Agreement and subject to the termination provisions set forth herein.
- HEALTH DISCLAIMERS.
- No Professional Medical Service or Advice. Gladiator Flashlights provides the Website for informational purposes only. The Website does not contain or constitute, and should not be interpreted as, medical advice or opinion. Gladiator Flashlights is not a medical professional, and does not provide medical services or render medical advice. The Website and Products are not a substitute for the advice of a medical professional, and the information made available on or through the Website and Products should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. If you require medical advice or services, you should consult a medical professional.
- No Doctor-Patient Relationship. Your use of the Website does not create a doctor-patient relationship between you and Gladiator Flashlights.
- No FDA or Other Government Review. Statements on the Website have not been evaluated by the Food and Drug Administration.
- Not for Treatment of Disease. The services and information provided through the Website and Products are not intended to diagnose, treat, cure, or prevent any disease.
- Consult Your Physician or Dentist. You agree that, before using the Website and Products, you shall consult your physician or dentist, particularly if you are at risk for problems resulting from use of the Products.
- PAYMENTS, SUBSCRIPTIONS, RETURNS AND OTHER TERMS RELATED TO PURCHASES THROUGH THE WEBSITE.
- Ordering Products through the Website. All orders placed through the Website are subject to Gladiator Flashlights acceptance. After your order has been placed, we will provide you with an email confirming our receipt of your order. The confirmation you receive does not constitute our acceptance of your order. Rather, we are only confirming our receipt of your order. Gladiator Flashlights may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If you do not receive confirmation that your order has been placed, please contact our Customer Service Department at 1-844-769-4088 or firstname.lastname@example.org. Your order will be deemed accepted upon its shipment and your receipt of a shipment confirmation of your order. Processed orders will be shipped according to the terms of our shipping policies, which are summarized herein. ***ALL SALES ARE FINAL*** ALL refunds or warranty replacements will be subject to a 30% restocking fee.
- Subscription Plans and Automatic Billing. The Products are sold on both a one-time and “Subscription” basis.
i. Automatic Billing. If you purchase the Products through a Subscription plan, you understand and agree that Gladiator Flashlights will continue to (1) send you shipments of the Product at periodic intervals (e.g., every month) according to your Subscription plan and (2) bill the associated fees automatically to the credit or debit card you provide at the time of your initial order. YOU ACKNOWLEDGE AND AGREE THAT YOUR ENROLLMENT IN A SUBSCRIPTION PLAN CONSTITUTES PREAUTHORIZATION TO BE CHARGED FOR EACH INSTALLMENT, AND GLADIATOR FLASHLIGHTS WILL NOT OBTAIN ADDITIONAL AUTHORIZATION FROM YOU AFTER YOUR INITIAL ORDER FOR CHARGES TO YOUR CREDIT CARD OR DEBITS MADE FROM YOUR DEBIT CARD ACCOUNT. You are solely responsible for any overdraft charges or fees you incur resulting from any purchase you make of any Product, and enrollment and continued participation in the Subscription plan.
ii. Cancellation of Your Subscription. You can cancel your Subscription at any time by calling 1-844-769-4088or emailing us at email@example.com. If you cancel, we will terminate your Subscription with Gladiator Flashlights and your credit card will not be billed for future Products. You will still be responsible for payment for any Product shipments that have already been sent prior to your cancellation. Customer Service hours are 24 hours a day, 7 days a week.
iii. Duty to Keep Account Current. You must provide current, complete, and accurate information for your Subscription account, including all billing information. You are responsible for ensuring this information is correct and must promptly update all information to keep your account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (for example, for loss or theft). Changes to such information can be made by calling a customer service representative at 1-844-769-4088.
iv. Cancellation of Subscription Program by Gladiator Flashlights. We reserve the right to refuse or discontinue the supply of the Product or any Subscription program at any time in our sole discretion.
- Cancellation of Orders by Gladiator Flashlights. While we want everyone to be able to enjoy our Products, we may, in our sole discretion, not accept an order or limit or cancel quantities purchased per person, per household or per order. Some reasons we may do so include, but are not limited to, the following:
i. Orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors of Products;
ii. Orders that appear to be shipped to a freight forwarding company for reshipment;
iii. Orders that, in our sole discretion, appear to be fraudulent. We reserve the right to cancel or not accept any order that we suspect to have been placed as a result of fraudulent activity. We further reserve the right to cancel or not accept subsequent orders from customers with a previous fraudulent order history; and
iv. Orders that cannot be processed as a result of incorrect or invalid billing, shipping or payment information. Be sure to double-check your information when placing an order. Common issues that prevent us from processing orders include:
1. Incorrect credit or debit card information such as a card number, expiration date and card security value;
2. Incorrect payment method billing information (billing information provided must be the same as what your financial institution has on record);
3. Insufficient or incorrect shipping address such as street address, city, state/province, ZIP or postal code; and
4. Orders connected to previous credit card disputes.
- Changes to Product Pricing and Packages. We reserve the right to modify the prices charged for the Products, or to add or remove any Products from the Website at any time without prior notice to you. The pricing for orders placed prior to any price modification shall be honored. For current pricing and descriptions of products sold by Gladiator Flashlights, click here. Any applicable discounts or promotional prices will be noted at the time of purchase on the checkout page for your order. Additional notices, terms, and conditions (including, without limitation, payment terms) may apply to the purchase of certain products and/or packages, participation in certain events or programs, and/or to specific portions or features of the Website, all of which are made a part of this Agreement by this reference. You agree to abide by such other notices, terms, and conditions, including where applicable representing that you are of sufficient legal age to acquire a product and/or use or participate in any event or program, service, or feature. If there is a conflict between this Agreement and the terms posted for or applicable to a specific portion of the Website, including any areas to enable the on-line purchase of items or for any program, event or service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website. Gladiator Flashlights obligations, if any, with respect to its services, events, programs, and/or products are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such terms, conditions, notices, and agreements.
- Shipping Policy. All orders are shipped via United States Postal Service First Class Mail or by UPS mail to the address you provide at the point of sale. We ship within 1-3 business days of when you place your order. We do not guarantee arrival dates or times.
- Refund and Return Policy. ***ALL SALES ARE FINAL***
i. we are not responsible for any returned Product that gets lost or stolen while in transit to us. We recommend all returned Products be sent using some type of delivery confirmation system to ensure proper delivery. Failure to use the Products does not constitute a basis for refusing to pay any associated charges.
ii. When emailing us, please include your full name and address, as well as the name of the Products that you ordered. Your request for termination, whether by phone or email, will be processed within 3-5 business days; however, you will be responsible for payment for any Products that have already been shipped to you at the time of your call or email.
iii. All refunds or warranty replacements will be subject to a 30% restocking fee.
- Reversals and Chargebacks. If you are unhappy with the Product, we ask that you contact us to request a refund pursuant to the preceding section instead of seeking a chargeback or reversal through your payment card institution. We consider chargebacks and reversals as potential cases of fraudulent use of our services and/or theft of services and they will be treated as such. We reserve the right to dispute your chargeback and file a complaint with the appropriate local and federal authorities to investigate. Be advised that all activity and IP address information is being monitored and that this information may be used in a civil and/or criminal case(s) against a client if there is fraudulent use and/or theft of services.
- Billing & Customer Support. If you have any questions, please contact Our Customer Service Department toll-free at 1-844-769-4088or email us at firstname.lastname@example.org. When emailing us, please include your full name and address, as well as the name of the Product(s) that you ordered. Our Customer Service Department is open 24 hours a day, 7 days a week.
- YOUR REPRESENTATIONS. In addition to your representations and warranties made elsewhere in this Agreement, you hereby represent and warrant that:
- Any Products you purchase from the Website will be used for your personal, non-commercial use;
- You will not re-sell, re-distribute or export any Product that you order from the Website;
- You will, at all times, provide true, accurate, current, and complete information when submitting information to the Website, including, without limitation, when you provide any information to Gladiator Flashlights via an email or any registration or submissions form found on the Website. If you provide any false, inaccurate, untrue, or incomplete information, Gladiator Flashlights reserves the right to, in its sole discretion immediately and without notice, terminate your access to and use of this Website and/or cancel any of your pending Product purchases or Subscriptions with Gladiator Flashlights;
- You will abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Website and purchase of any Product;
- You acknowledge and agree that use of the Internet and this Website are solely at your own risk. While Gladiator Flashlights has endeavored to create a secure and reliable Website, the confidentiality of any communication or material transmitted to/from the Website over the Internet or any other form of global communication network cannot be guaranteed. Accordingly, Gladiator Flashlights is not to any degree responsible or liable for the security of any information transmitted via the Internet, the accuracy of the information contained on the Website, or for the consequences of any reliance on such information. You must make your own determination as to these issues.
- OUR REPRESENTATIONS; DISCLAIMERS.
- We endeavor to provide you with accurate information about our Products. We do not warrant or represent that such information is error-free. All product specifications, performance data and other information on the Website is for informational and illustrative purposes only, and do not constitute a guarantee or representation that the products will conform to such specifications or performance data.
- We do not warrant or represent that our products will provide you with any particular benefits, or that your results will match those of others who use our products.
- THE WEBSITE AND THE SERVICES AND MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. GLADIATOR FLASHLIGHTS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY AUDIO, VISUAL, OR VIDEO CONTENT POSTED, MADE AVAILABLE THROUGH, OR ACCESSIBLE ON THE WEBSITE. MOREOVER, GLADIATOR FLASHLIGHTS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE WEBSITE AND THE SERVICES AND MATERIALS AVAILABLE ON THE WEBSITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GLADIATOR FLASHLIGHTS MAY, IN ITS SOLE AND ABSOLUTE DISCRETION AND WITHOUT ADVANCE NOTICE, MAKE MODIFICATIONS AND/OR CHANGES TO THE WEBSITE AND/OR THE SERVICES AND MATERIALS AVAILABLE ON THE WEBSITE AT ANY TIME. YOU ASSUME THE SOLE RISK OF USING AND/OR RELYING ON THE SERVICES AND MATERIALS AVAILABLE ON THE WEBSITE.
- CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS.
- Advertising and Promotional Communications. By providing your name, email, postal or residential address, and/or phone number through the Website, you expressly consent to receive electronic and other communications from us, over the short term and periodically, including email and short-message service ("SMS" or "text message") communications. These communications will be about the Website, the Product, new product offers, promotions, and other matters. You may opt out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication, or by sending an email to email@example.com. You agree that these electronic communications satisfy any legal requirements that communications or notices to you be in writing.
- Communications About Your Account and Purchases. Gladiator Flashlights may contact you by email, telephone or postal mail for any purpose relating specifically to your use of the Website and purchases, including, but not limited to, (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, at or through the Website. If you unsubscribe from receipt of advertising and promotional communications pursuant to the preceding section, it will not affect your receipt of these account-specific communications.
- INTELLECTUAL PROPERTY.
- The www.gladiatorflashlights.com website is Copyrighted © 2016 by gladiatorflashlights.com and/or its licensors. All rights reserved. Gladiator Flashlights also owns a copyright in the contents of the Website as a collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Website. Any downloadable or printable programs, information, or materials available through this Website and all intellectual property and/or proprietary rights related thereto, unless otherwise expressly indicated in writing, are owned exclusively by Gladiator Flashlights and/or its suppliers.
- All names, logos, and icons identifying Gladiator Flashlights, its affiliates and/or subsidiaries, and any of their events, programs, products, and/or services are owned exclusively by Gladiator Flashlights, and any use of such marks without the prior express written permission of Gladiator Flashlights is hereby strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
- Gladiator Flashlights hereby reserves any and all intellectual property rights in the Website materials not otherwise expressly granted in this Agreement. Nothing contained in this Website should be construed as granting any license or right to use any trademark, logo, trade name, or design displayed on this Website without the written permission of Gladiator Flashlights, or the respective owner of the trademark.
- DISPUTE RESOLUTION.
- Binding Arbitration.
i. If you and Gladiator Flashlights cannot resolve a dispute or legal claim (each, a “Claim”) through negotiations, either party may elect to have the Claim finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other(s).
ii. You acknowledge that without this provision, you would have the right to sue in court with a jury trial or to participate in a class action.
iii. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
iv. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA "), as modified by this Agreement, available at the AAA website www.adr.org or by calling the AAA at 1-800-778-7879. Except as otherwise provided for in this Agreement, Gladiator Flashlights will pay the AAA filing, administration, and arbitrator fees. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then you will pay the arbitrator fees, in addition to any amount that exceeds the filing fees. In that case, you also agree to reimburse Gladiator Flashlights for all payments disbursed that are your obligation to reimburse under the AAA Rules. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to resolve, except that issues relating to the enforceability of the arbitration provision are for a Court of Competent Jurisdiction to resolve. The arbitration may be conducted in person, through document submission, through telephone, or online. The arbitrator will issue a decision in writing, but need only provide a statement of reasons if requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Gladiator Flashlights may litigate to compel arbitration in court, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator shall award costs to the prevailing party (including, without limitation, fees, expenses, and reasonable attorneys' fees) at any time during the proceeding and upon request from either party, within 14 days of the arbitrator's ruling on the merits.
- Restrictions Against Joinder of Claims.
i. You and Gladiator Flashlights agree that any arbitration shall be limited to each Claim individually. You and Gladiator Flashlights agree that each may only bring claims against the other in your or Gladiator Flashlights individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
ii. If this specific provision is found to be unenforceable in a Court of Competent Jurisdiction, the Claim will still be finally and exclusively resolved by binding arbitration upon the election of either party, and any election to arbitrate by one party shall be final and binding on the other(s). In addition: (1) no arbitration shall be joined with any other arbitration, and (2) there is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures, and (3) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.
- Remedies in Aid of Arbitration; Equitable Relief. This agreement to arbitrate will not preclude you or Gladiator Flashlights from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or Gladiator Flashlights from applying to a Court of Competent Jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. "Court of Competent Jurisdiction" means any federal or state court: (1) that has jurisdiction over the subject matter; and (2) that is located in San Diego County, California.
- Venue for any Judicial Proceeding.
i. This Agreement, including without limitation this Agreement's interpretation, shall be treated as though this Agreement were executed and performed in the State of California, and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
ii. The proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in or nearest to San Diego, California. The parties stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial service of process.
- By Company. Without limiting any other provision of this Agreement, Gladiator Flashlights reserves the right to, in Gladiator Flashlights sole discretion and without notice or liability, deny use of the Website or purchase of Products to any person for any reason or for no reason at all, including without limitation for any breach or suspected breach of any representation, warranty, or covenant contained in this Agreement, or of any applicable law or regulation.
- Automatic Termination Upon Breach by You. This Agreement shall automatically terminate if you breach any of this Agreement's representations, warranties, or covenants. Such termination shall be automatic, and shall not require any action by Gladiator Flashlights.
- By You. You may terminate this Agreement and your rights under it at any time, for any or no reason at all, by calling customer service and following the cancellation procedure outlined in Section 6(b)(ii).
- Effect of Termination.
i. Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use the Website or any Products. Upon termination, Gladiator Flashlights may, but has no obligation to, in Gladiator Flashlights sole discretion, rescind any services and/or delete from Gladiator Flashlights systems all your Personal Information and any other files or information that you made available to Gladiator Flashlights or that otherwise relate to your use of the Website. Upon termination, you shall cease any use of the Website or Products.
ii. After termination, Gladiator Flashlights reserves the right to exercise whatever means it deems necessary to prevent your unauthorized use of the Service, including without limitation technological barriers such as IP blocking and direct contact with your Internet Service Provider.
- Legal Action. If Gladiator Flashlights, in Gladiator Flashlights discretion, takes legal action against you in connection with any actual or suspected breach of this Agreement, Gladiator Flashlights will be entitled to recover from you as part of such legal action, and you agree to pay, Gladiator Flashlights reasonable costs and attorneys' fees incurred as a result of such legal action. Gladiator Flashlights will have no legal obligation or other liability to you or to any third party arising out of or relating to any termination of this Agreement.
- Survival. Upon termination, all rights and obligations created by this Agreement will terminate, except that the following Sections will survive any termination of this Agreement: Sections 1-3, 5, 7-8, and 10-19.
- Notwithstanding the foregoing license grant, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein, any materials from the Website or the Website itself. Specifically, and by way of illustration and not limitation, you may not separate and use any graphics, interfaces, photographs, audio, video, sounds, artwork, designs, computer code (including html code), programs, software, and documentation found on or accessible through the Website. The use of any such material on any other website or computer environment is prohibited.
- Moreover, without the express prior written authorization of Gladiator Flashlights, you may not:
i. Frame or utilize any framing techniques in connection with the Website or any of the Materials;
ii. Use any meta-tags or any other “hidden text” using the Website’s name or marks;
C. Attempt to gain unauthorized access to (a) any portion or feature of the Website, (b) any other systems or networks connected to the Website, (c) any Gladiator Flashlights server, or (d) to any of the services offered on or through the Website, by hacking, password “mining,” or any other illegitimate or prohibited means.
iii. Probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;
iv. Use any “deep link,” “page scrape,” “robot,” “spider,” or any other device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website in order to obtain or attempt to obtain any materials, pictures, documents, or any other information through any means not purposely made available through the Website;
v. Use any device, software or routine to bypass any operational element or to interfere, or attempt to interfere, with the proper working of the Website, server or activities conducted therein;
vi. Take any action that imposes an unreasonable or disproportionately large load on the Website or its network infrastructure;
vii. Reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Website;
viii. Forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Gladiator Flashlights on or through the Website;
ix. Use the Website to harvest or collect e-mail addresses or other contact information; or
x. Use the Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Gladiator Flashlights.
- WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DOWNLOADING, COPYING OR REPRODUCING ANY MATERIALS PROVIDED BY GLADIATOR FLASHLIGHTS TO ANY OTHER SERVER, HARD DRIVE OR LOCATION FOR THE PURPOSE OF REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
- SOCIAL MEDIA PAGES; PERMISSIONS TO USE YOUR POSTINGS.
- Gladiator Flashlights Social Media Pages. The Website, and/or any social media page controlled by Gladiator Flashlights that is accessible directly through the Website (each, a “ Gladiator Flashlights Social Media Page(s)”), may contain blogs, message boards, comment areas and other interactive features and functionality where users may post (each, a “Posting”) certain information and content (collectively, “Forum”). To the extent the Website and/or any Gladiator Flashlights Social Media Page contains any such Forum, you agree that you will, at all times, provide true, accurate, current, and complete information when Posting or submitting any form in conjunction with a Posting. If you provide any false, inaccurate, untrue, or incomplete information, Gladiator Flashlights reserves the right to terminate immediately your access to and use of this Website and all Gladiator Flashlights Social Media Pages.
- In addition, you hereby acknowledge and agree that when using the Website and/or any Gladiator Flashlights Social Media Page, you will not upload, post, display, or transmit any of the following materials on any Forum or as part of any Posting:
i. anything that interferes with or disrupts the operation of the Website and/or Gladiator Flashlights Social Media Page,
ii. anything that violates any laws or regulations or infringes or violates the rights of any person or entity, including Gladiator Flashlights,
iii. statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others,
iv. unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,
v. statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
vi. statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
vii. statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Gladiator Flashlights,
viii. statements or material that misrepresents your affiliation with any entity and/or Gladiator Flashlights,
ix. statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials, and
x. statements or material that are “off-topic” for a designated Forum.
- You acknowledge and agree that you have no proprietary interest in any Forum. Moreover, by submitting content or information of any type in a Posting, including but not limited to success stories, testimonials, feedback, and/or photographs, to a Forum or by otherwise using the Website and/or a Gladiator Flashlights Social Media Page to transmit or display a Posting, you automatically grant Gladiator Flashlights a royalty-free, perpetual, irrevocable, non-exclusive, transferable and sub-licensable right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You agree to waive any and all moral rights in the Postings. You agree that by making a Posting, such Posting is not confidential for all purposes and Gladiator Flashlights shall not be liable for any use or disclosure of such Posting by us or others. You hereby represent that you have all necessary rights to make the Posting available to Gladiator Flashlights and a Forum, and you also acknowledge and agree that such Postings are non-confidential for all purposes and that Gladiator Flashlights has no control over the extent to which any idea or information within a Posting may be used by any party or person once such content is posted or displayed on the Website and/or a Gladiator Flashlights Social Media Page. Accordingly, notwithstanding this right and license, you hereby acknowledge and agree that by merely permitting your information, content, and materials to appear on the Website and/or a Gladiator Flashlights Social Media Page, Gladiator Flashlights has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Posting. Moreover, Gladiator Flashlights assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not post, display, or transmit any confidential or sensitive information. All users shall remain solely and exclusively responsible for any liability arising from their own Postings.
- LIMITATION OF LIABILITY; NO WARRANTIES; INDEMNIFICATION BY YOU.
- Assumption of Risk. You understand and agree that any material and/or information downloaded or otherwise obtained through the use of or from the Website is done at your own discretion and risk and that you will be solely responsible for your use or nonuse of such information, including, without limitation, any damage to your computer system or loss of data that results from the download of such material and/or information and any bodily injury. Gladiator Flashlights is not responsible for technical or software failures of any kind; lost or unavailable network connections; incomplete, garbled or delayed computer transmissions.
- Release and Waiver. In no event shall Gladiator Flashlights or its affiliates, subsidiaries, parents, assignees, licenses, and their respective officers, directors, employees, subcontractors (collectively, “Released Parties”), be liable to you, whether in contract, tort, strict liability, warranty or otherwise (collectively, “Claims”), for any direct or indirect, special, incidental, exemplary, consequential or punitive damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity), arising from or related to this Agreement, the products or services, or Customers’ use of the Website or any product. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply.
- Limitation of Liability. Notwithstanding the foregoing, You agree that Gladiator Flashlights entire liability for all Claims related to the use of the Website, Gladiator Flashlights Services and Materials, Gladiator Flashlights products, and/or any program or event made available through the Website shall be limited, in the aggregate, to the lesser of (i) USD $500.00, or (ii) the total amount of money you paid to Gladiator Flashlights in the one (1) month period immediately preceding the incident on which your Claim is based. This limitation of liability shall apply for all Claims, regardless of whether Gladiator Flashlights was aware of or advised in advance of the possibility of damages or such Claims.
- No Warranty. The warranties and representations specifically set forth in this agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties or by operation of law, including warranties of merchantability and fitness for a particular purpose. No advice or information, whether oral or written, obtained by you from Gladiator Flashlights or through or from any service or product on the Website or affiliate websites shall create any warranty not expressly stated herein. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
- Indemnification by You. You agree to defend, indemnify, and hold harmless Gladiator Flashlights, its related companies and each of their respective officers, directors, shareholders, employees, independent contractors, telecommunication providers, affiliates, third party information providers, licensors, agents, and others involved in the delivery of products, services or information through the Website (collectively, “Indemnified Parties ”), from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands directly, indirectly, and/or consequentially resulting or allegedly resulting from your breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, attorneys’ fees, and litigation expenses the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed through the Website.
- NOTICE. Any notice required to be given under this Agreement to you may be provided to you by postal mail or by email. If notice is sent by email, such notice shall be sent to the last known email address that you provided to us, and shall be deemed delivered once sent. Notices by customers to Gladiator Flashlights must be sent in writing to the following address: Gladiator Flashlights, Attention: Legal, 10755 Scripps Poway Pkwy #360 San Diego, CA 92131.
- FORCE MAJEURE. Gladiator Flashlights shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay the Gladiator Flashlights performance.
- IMPORT, VAT & CUSTOMS. For all orders the customer is the importer of record with respect to a transaction governed by this Agreement, and will be responsible for all customs import duties and sales tax charges. As the importer of the goods, you may be required to pay Taxes to the relevant authority in addition to your payment to Seller of the purchase price. These charges vary in each country and are outside of the Seller’s control. Contact your local customs office for more information on what import duties or sales taxes may be imposed. After 3 month of receiving the goods and clearing customs, Seller will not be held responsible for any custom related fees.
- Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable pursuant to applicable law, including but not limited to, the warranty disclaimers and the liability limitations set forth above, then that provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect. Further, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision drafted and provided by Gladiator Flashlights in its sole and absolute discretion that most clearly matches the intent of the original provision and the remainder of this Agreement shall continue in effect.
- No Waiver. Failure to insist on strict performance of any of the terms and conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by Gladiator Flashlights of any right or provision under this Agreement shall be deemed a waiver of the same right or provision under this Agreement at any other time.
- You acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed.
- A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or Gladiator Flashlights services, materials, events and/or products accessed or purchased through this Website, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- The Website is controlled and operated by Gladiator Flashlights from its offices and facilities within the United States. Gladiator Flashlights makes no representation that the Website is appropriate or available for use in other locations, and access to the Website from territories or nations where any aspect of the Website is illegal is hereby expressly prohibited. You access the Website solely on your own volition and are responsible for compliance with all applicable local laws.
- Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
- Modifications. Gladiator Flashlights reserves the right to change or discontinue, temporarily or permanently, the Website as a whole and any or all of the Website features, products, prices of products, services or information appearing on, or available through, any or all of the Website with or without notice to you, and any of the provisions posted herein. You agree to review these terms and conditions each time you visit the Website. You agree that Gladiator Flashlights shall not be liable to you or any third party for any modification or discontinuance of such features, products, prices, services, or information on the Website or the Website itself. Your continued use of the Website following any changes to these terms and conditions constitutes your acceptance of such changes. Gladiator Flashlights does not and will not assume any obligation to provide you with notice of any change to this document. Unless accepted by Gladiator Flashlights in writing, these terms and conditions may not be amended by you.
- Purchased Merchandise. When you purchase from us, we will ask for personal information, like your name, email address, or telephone number to store with your account. We may use your email address to inform you about other services and products.
- Sales Tax. A sales tax rate of 10% will be added to all applicable orders, when purchased.
- Our Contact Information.
10755 Scripps Poway Pkwy
San Diego, CA 92131
If you have questions regarding this Website or if you are interested in obtaining more information concerning Gladiator Flashlights and its products or services or permission to use any Gladiator Flashlights content, please contact Gladiator Flashlights at 1-844-769-4088 or email firstname.lastname@example.org.
© 2016 Gladiator Flashlights.