LAST UPDATED: October 11, 2019
INTRODUCTION
E2 Armory , LLC, a Delaware limited liability company (the “Company” or “we” or “us” or “our”) may make items available for purchase through this website www.e2armory.com (this “Site”). Any and all purchases from this Site are subject to these terms of purchase (“Terms of Purchase”) and any amendments and supplements thereto as may be posted from time to time, as well as the Company’s Terms of Use and Privacy Policy. You must be at least 21 years old to purchase any item from this Site. Your purchase confirms that you are 21 years old or older. Moreover, your purchase shall be deemed to constitute your voluntary and express consent to be bound by the terms and conditions of these Terms of Purchase without limitation and/or qualification and the Company shall be entitled to enforce these Terms of Purchase as if you had signed these Terms of Purchase. If you are not willing to purchase any items pursuant to these Terms of Purchase, then the Company asks that you do not use this Site for that purpose.
PRODUCT INFORMATION
The Company attempts to describe the items available for purchase as accurately as possible, and depict the most up-to-date product packaging available. The Company does not warrant that product descriptions are accurate, complete, reliable, current or error-free, or that product packaging depicted on this Site will match the actual product and/or product packaging that you receive.
COMPLIANCE WITH LAWS; RESTOCKING FEE
You acknowledge that you must comply with all applicable federal and state laws regarding any item you purchase through this Site. You are responsible to check your local, state, and federal regulations to ensure that the purchase of any firearms, ammunition, and parts thereof, is not restricted nor prohibited in your jurisdiction. In the event that your purchase order constitutes a violation of any federal or state law or regulation, said order will be cancelled and you will be charged a fee equal to 5% of the purchase price (“Restocking Fee”). You authorize the Company to charge the Restocking Fee to the debit or credit card used to place the original order.
PRICING, SHIPPING AND HANDLING, AND TAXES
All listed prices are in U.S. dollars. Shipping and handling as well as applicable taxes are additional. You agree to pay all shipping and handling charges. All prices, including shipping and handling charges, are subject to change at any time, without notice. Moreover, pricing information errors on this Site may occur and you agree that the Company shall not be responsible for any such pricing errors. The Company can only confirm the accuracy of the price once the order has been placed and processed. If the item is listed for an incorrect price, the Company has the right to refuse or cancel any orders placed for that item.
The Company is required to collect applicable state and local sales tax on orders shipped. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. The Company is required to follow the rules of each applicable state and taxing authority. Your final amount of your order will include the appropriate state and local taxes.
SHIPPING TERMS
You are responsible to check your local, state and federal laws in connection with the transfer and purchase of firearms, ammunition, and parts thereof. Certain items are required by law to be shipped to a Federal Firearms License (FFL) holder. You are responsible to contact your local FFL holder to arrange the transfer of the purchased item and to ensure that the FFL holder can and will accept the transfer of your purchased item. You are responsible for all background check fees performed by the FFL holder as well as any FFL holder transfer fees. You are also responsible for the costs for the return of any purchased item that the FFL holder refuses or fails to receive for any reason whatsoever. All other items that are not required by law to be shipped to a FFL holder will be shipped to you directly.
All delivery dates are estimates and the Company is not liable for any loss or damage caused as a result of any delay in shipping and/or your receipt of the purchased item. Moreover, risk of loss passes to you when the item is placed for shipment.
PAYMENT
By placing an order through this Site, you represent and warrant that you are authorized to use the credit card used to purchase the item. In the event that we cannot verify the method of payment, we have the right to cancel your order without notice and it shall be your sole responsibility to address and resolve any canceled order with the Company directly. The Company reserves the right to change accepted payment methods at any time and without prior notice.
RETURNS
All sales are FINAL and the Company will not accept any returns, exchanges, and/or refunds. You authorize the Company to charge the Restocking Fee to the debit or credit card used to place the order in the event of any debit or credit card chargeback on cancelled orders.
DISCLAIMER OF WARRANTIES WITH RESPECT TO ANY PURCHASE OF PRODUCTS AND/OR SERVICES FROM THIS SITE
ANY ITEM AVAILABLE FOR PURCHASE THROUGH THIS SITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ANY WARRANTY, IF ANY, FOR ANY ITEMS PURCHASED THROUGH THIS SITE IS PROVIDED BY THE MANUFACTURER. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THIS SITE SHALL CREATE ANY IMPLIED WARRANTY.
LIMITED WARRANTY
Except as otherwise provided herein, all items available for purchase on this Site are purchased on an “As Is” basis and the Company does not warrant the condition and suitability for use of any item. Items purchased through this Site that are manufactured by the Company are warranted to be free from defects in materials and craftsmanship for a period of thirty (30) days after the purchase thereof. The Company may, at its sole and absolute discretion, repair or replace any Company manufactured item purchased through this Site that the Company determines is defective in material and/or craftsmanship. This warranty does not cover any item that has been modified in any way and does not cover any ordinary wear and tear or any defect that is the result of negligent or careless handling or unreasonable use of the item.
TO THE EXTENT PERMITTED BY LAW, THIS LIMITED WARRANTY AND THE REMEDIES SET FORTH IN THESE TERMS OF PURCHASE ARE YOUR EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS AND/OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, YOU RELINQUISH AND WAIVE, AND THE COMPANY SPECIFICALLY DISCLAIMS, ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IF THE COMPANY CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY AND TO REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY THE COMPANY IN ITS SOLE DISCRETION. FURTHERMORE, TO THE FULL EXTENT PROVIDED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE OR STRICT LIABILITY THEORIES, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF OPPORTUNITY, LOSS OF INFORMATION OR DATE OR ANY OTHER FINANCIAL LOSS ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH THE BREACH OF THIS LIMITED WARRANTY, THE ABILITY OR INABILITY TO USE THE PRODUCTS, THE ABILITY OF INABILITY TO REPAIR THE PRODUCTS AND/OR ANY LOSSES AND/OR DAMAGES INCURRED IN CONNECTION WITH THE SERVICE OF THIS LIMITED WARRANTY.
To initiate a limited warranty claim under these Terms of Purchase, you will need to: (1) call the Company’s customer service at (386) 238-9448 between 8am – 5pm Monday thru Friday to obtain a limited warranty return processing number and pre-paid shipping label; (2) complete the Warranty Return Form ; (3) place the returned item in a shipping box together with the completed Warranty Return Form and pre-paid shipping label. Once the Company is in receipt of the returned item, the Company will determine whether the warranty claim made under these Terms of Purchase is rightful. If the Company concludes that a warranty claim is rightful for a particular item, the Company will, at its sole and absolute discretion, repair the item or issue a new item to you or the FFL holder, with all insurance charges being borne by the Company. The Company, however, is not responsible for any fees for any background check performed by the FFL holder as well as any FFL transfer fees.
Notwithstanding anything in these Terms of Purchase to the contrary:
(I) the foregoing limited warranty (the “Limited Warranty”) shall not apply to (i) any parts, accessories or components manufactured by others, (ii) any products and/or parts that are used with any hand loaded and/or reloaded and/or remanufactured ammunition, (iii) cosmetic damage (including but not limited to scratches, dents and broken pieces that does not otherwise affect the functionality of the products or materially impair the use thereof); (iv) any damage caused by accident (including, but not limited to flood, fire, earthquake or other external causes) or exposure to moisture, abnormal temperature conditions, dirt or corrosive matter; (v) normal wear and tear which does not affect the intended use of the products and/or (vi) if any serial number on the products has been removed or defaced; and
(II) the Limited Warranty shall be void with respect to any products: (i) which have been damaged by reason of use with non-approved and/or illegal parts and/or accessories; (ii) which have been damaged by or subjected to misuse (including, but not limited to, the failure to follow instructions relating to proper use or maintenance of products (if any), abuse or neglect; (iii) which have been serviced by and/or repaired by a third party who is not an authorized agent of the Company and/or (iv) which have been altered, changed and/or modified by you and/or a third party who is not an authorized agent of the Company.
During the applicable Limited Warranty period, the Company will repair or replace, at the Company’s sole discretion, any part or parts which the Company determines to be defective according to the foregoing warranty procedures (the “Warranty Procedures”), as the same may be amended from time to time in the Company’s sole and absolute discretion. You expressly understand and agree that that this remedy is your only remedy for a breach of the Limited Warranty, regardless of whether any claim by you is characterized as arising out of breach of warranty, contract, tort, strict liability, statutory liability, indemnity or otherwise.
Furthermore, with respect to the Limited Warranty, you expressly understands that products and/or parts availability and response times may vary from time to time, and the Company does not make any representations and warranties as to the timing of any repairs and/or replacements to be made, if appropriate under the Limited Warranty. Any replacement products and/or parts provided in connection with this Limited Warranty are covered in this Limited Warranty for the remaining applicable Warranty Period or thirty (30) days from the date of replacement or repair, whichever is longer. When and if any products and/or part is exchanged, any such replacement item becomes, subject to compliance with all applicable laws, regulations and/or regulatory requirements, your property of the Buyer and the replaced item becomes the property of the Company, unless the Company expressly disclaims ownership thereof in writing. If in connection with any warranty service under these Terms of Service, the Company determines that the products and/or parts are from defects in material and workmanship, then you agree to pay to the Company, upon demand, for any and all charges and expenses incurred by the Company for testing and examining the alleged defective products and/or parts.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE COMPANY, OUR SUPPLIERS, ADVERTISERS AND/OR SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OF PURCHASE OR THE USE OF THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US FOR THE PRODUCTS IN DISPUTE AND/OR AT ISSUE. IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE. OUR LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US FOR THE PRODUCTS IN DISPUTE AND/OR AT ISSUE, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.
MOREOVER, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU KNOWINGLY AND VOLUNTARILY UNDERSTAND AND AGREE THAT THE COMPANY SHALL HAVE NO LIABILITY TO YOU AND/OR TO ANY OTHER PARTY (I) FOR YOUR (AND/OR ANY OF YOUR OPERATORS, REPRESENTATIVES AND/OR AGENTS) INTENTIONAL AND/OR UNINTENTIONAL VIOLATION OF ANY FEDERAL, STATE AND/OR LOCAL LAW; (II) FOR ANY LOSSES, EXPENSES AND/OR DAMAGES OF ANY KIND WHATSOEVER ARISING FROM OR RELATED TO THE MISUSE, NEGLECT AND/OR CARLESS HANDLING OF PRODUCTS AND/OR PARTS SO PURCHASED FROM THE COMPANY, REGARDLESS AND WHETHER OR NOT THE PRODUCTS AND/OR PARTS SO PURCHASED FROM THE COMPANY WERE USED AS IS AND/OR OTHERWISE INTEGRATED INTO AND/OR USED IN CONNECTION WITH ANY OTHER PRODUCTS AND/OR PARTS BY ANY PERSON WHATSOEVER; (III) FOR ANY LOSSES, EXPENSES AND/OR DAMAGES OF ANY KIND WHATSOEVER ARISING FROM OR RELATED TO ANY UNAUTHORIZED MODIFICATIONS AND/OR ALTERATIONS TO OF PRODUCTS AND/OR PARTS SO PURCHASED FROM THE COMPANY, REGARDLESS AND WHETHER OR NOT THE PRODUCTS AND/OR PARTS SO PURCHASED FROM THE COMPANY WERE USED AS IS AND/OR OTHERWISE INTEGRATED INTO AND/OR USED IN CONNECTION WITH ANY OTHER PRODUCTS AND/OR PARTS BY ANY PERSON WHATSOEVER; (IV) FOR ANY LOSSES, EXPENSES AND/OR DAMAGES OF ANY KIND WHATSOEVER ARISING FROM OR RELATED TO ANY INJURY, DEATH AND/OR DAMAGE TO PROPERTY AS OF THE RESULT OF THE INTENTIONAL, CRIMINAL, NEGLIGENT AND/OR ACCIDENTAL DISCHARGE OF ANY FIREARM WHICH CONTAINS ANY PRODUCTS AND/OR PARTS PURCHASED FROM THE COMPANY; AND/OR (V) ANY AND ALL MATTERS BEYOND OUR IMMEDIATE AND DIRECT CONTROL; AND IN CONNECTION THEREWITH, YOU EXPRESSLY REPRESENT, WARRANT AND COVENANT TO THE COMPANY THAT YOU WILL NOT, DIRECTLY OR INDIRECTLY, ON BEHALF OF YOURSELF AND/OR IN CONJUNCTION OR ON BEHALF OF OTHERS, MAKE, ASSERT OR OTHERWISE MAINTAIN AGAINST THE COMPANY ANY CLAIM, DEMAND, ACTION, SUIT OR PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THE FORGOING MATTERS.
FURTHERMORE, YOU AGREE TO ASSUME ANY AND ALL OF THE RESPONSIBILITY FOR THE SAFE OPERATION OF ANY PRODUCTS AND/OR PARTS PURCHASED FROM THE COMPANY, REGARDLESS AND WHETHER OR NOT THE PRODUCTS AND/OR PARTS SO PURCHASED FROM THE COMPANY WERE USED AS IS AND/OR OTHERWISE INTEGRATED INTO AND/OR USED IN CONNECTION WITH ANY OTHER PRODUCTS AND/OR PARTS BY ANY PERSON WHATSOEVER. AS SUCH, YOU EXPRESSLY REPRESENT, WARRANT AND COVENANT TO THE COMPANY THAT YOU SHALL PROCURE, MAINTAIN AND PROVIDE ALL SIGNAGE, WARNING LABELS, SAFETY DEVICES, AND OTHER MEASURES AS MAY BE NECESSARY AND/OR APPROPRIATE, OR WHICH ARE REQUIRED BY FEDERAL, STATE, OR LOCAL LAWS AND REGULATIONS, FOR THE SAFE OPERATION OF THE PRODUCTS AND/OR PARTS SO PURCHASED FROM THE COMPANY. AS SUCH, UPON DEMAND THEREOF BY THE COMPANY, YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD THE COMPANY HARMLESS WITH RESPECT TO ANY PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, WHICH IS CAUSED BY REASON OF THE FAILURE ON YOUR PART, AND ANY OF YOUR OPERATORS, REPRESENTATIVES AND/OR AGENTS TO COMPLY WITH THESE TERMS OF PURCHASE.
WITHOUT LIMITING THE LIMITATION OF LIABILITY SET FORTH IN THESE TERMS OF PURCHASE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WILL THE COMPANY, ITS AFFILIATES, ITS SUPPLIERS OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THIS SITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED THROUGH THIS SITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE ITEMS OR WEB SITES. MOREOVER, YOU UNDERSTAND THAT YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THIS SITE OR ANY CONTENT IS TO STOP USING THIS SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF OUR AGREEMENT TO ALLOW YOU TO MAKE USE OF THIS SITE AND THE ABILITY TO PURCHASE ITEMS ON THIS SITE AND WITHOUT WHICH THIS SITE AND ITS CONTENT WOULD BE UNAVAILABLE TO YOU.
INDEMNIFICATION
You agree to indemnify and hold the Company, its managers, members, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, harmless from and against any and all liability, losses, claims, demands, disputes, damages and costs of any kind, including without limitation, reasonable attorneys’ fees and costs of litigation arising from, related to and resulting from or in any way connected with your breach of these Terms of Purchase and/or your purchase of any item through this Site.
By placing an order on this Site to purchase an item from the Company, you agree to release the Company, its managers, members, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, from any and all liability, losses, claims, demands, disputes, damages and costs of any kind, arising from, related to and resulting from any and all items you purchase from this Site and you agree to indemnify the Company, its managers, members, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates against any civil liability and criminal prosecution arising from, related to and resulting from any and all items you purchase through this Site.
If you are a California resident, you waive California civil code §1542, which says: a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.
SEVERABILITY
If any provision of the Terms of Purchase are found by a court or other binding authority to be invalid, you acknowledge that every attempt shall otherwise be made to give effect to the intention as reflected in the invalidated provision, and any such invalidation shall have no effect upon the remaining provisions of these Terms of Purchase which shall remain in full force and effect.
APPLICABLE LAW; VENUE
These Terms of Purchase and the resolution of any dispute related to them, this Site and its content, or items or services that are available through this Site shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. Any legal action or proceeding between the Company and you related to these Terms of Purchase must be brought exclusively in a federal or state court of competent jurisdiction sitting in Broward County, Florida, and you agree to submit to the personal and exclusive jurisdiction of such courts and further agree to waive any right to dismiss or transfer the action or proceeding based on improper venue or forum non conveniens.
LIMITATIONS ON ACTIONS BROUGHT AGAINST THE COMPANY
YOU AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OF PURCHASE OR YOUR PURCHASE OF ITEMS THROUGH THIS SITE IS PERSONAL TO YOU AND YOU FURTHER AGREE THAT ANY SUCH DISPUTE WILL SOLELY BE RESOLVED ON AN INDIVIDUAL BASIS AND ANY CLAIM BROUGHT UNDER THESE TERMS OF PURCHASE IN CONNECTION WITH THIS SITE OR ANY PURCHASED ITEM(S) WILL BE BROUGHT IN AN INDIVIDUAL CAPACITY AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER FORM OF REPRESENTATIVE PROCEEDINGS. YOU FURTHER AGREE THAT YOU SHALL NOT PARTICIPATE IN ANY REPRESENTATIVE PROCEEDINGS BROUGHT BY ANY THIRD-PARTY ARISING UNDER THESE TERMS OF PURCHASE IN CONNECTION WITH THIS SITE AND ANY PURCHASED ITEMS. MOREOVER, YOU WAIVE YOUR RIGHTS, IF ANY, TO A JURY TRIAL.
ENTIRE AGREEMENT; SEVERABILITY
These Terms of Purchase constitute the entire agreement between you and the Company with regard to your purchase of items through this Site, and any and all other written or oral agreements or understandings previously existing between you and the Company with respect to such use are hereby superseded and cancelled. The Company will not accept any counter-offers to these Terms of Purchase and all such offers are hereby categorically rejected.
It is our belief that these Terms of Purchase do not contain any provision contrary to law. However, if any part of these Terms is determined to be illegal, invalid, or unenforceable, you agree that: (i) that part shall nevertheless be enforced to the extent permissible in order to effect the intent of these Terms of Purchase, and (ii) the remaining parts shall be deemed valid and enforceable.
NO WAIVER
The failure of the Company to insist on or enforce strict performance of these Terms of Purchase shall not be construed as a waiver by the Company of any provision or any right it has to enforce any provision of these Terms of Purchase nor shall any course of conduct between the Company and you or any other party be deemed to modify any provision of these Terms of Purchase. Moreover, and without limiting the generality of the foregoing, the Company’s failure to object to any term or condition contained in any communication from you shall not be deemed a waiver of these Terms of Purchase and/or the Terms of Use.
NO THIRD PARTY BENEFICIARIES
Nothing in these Terms of Purchase shall be interpreted or shall be construed to confer any rights or remedies on any third parties.
MODIFICATIONS TO THESE TERMS OF PURCHASE
The Company may make changes to these Terms of Purchase from time to time, as may be determined by the Company in its sole discretion, by updating these Terms of Purchase and posting on this Site and specifying the effective date of the updated version. Each time changes are made to these Terms of Purchase, notice of the change will be posted at the top of the Terms of Purchase page. The “LAST UPDATED” date at the top of these Terms of Purchase will indicate when the latest changes were made. Continued use of this Site following the posting of a new version of these Terms of Purchase shall conclusively presume your acceptance of the totality of the Terms of Purchase as then existing. Accordingly, you are advised to check these Terms of Purchase upon each visit to this Site to determine the latest version date of these Terms of Purchase.
CONTACT US
The Company’s address and contact information is:
E2 Armory
1870 Mason Ave
Daytona Beach, FL 32771
E-mail: [email protected]
Tel: (386) 238-9448
I HAVE READ THESE TERMS OF PURCHASE AND ANY PURCHASE BY ME FROM THIS SITE SHALL CREATE A CONCLUSIVE PRESUMPTION OF MY LEGALLY BINDING AGREEMENT TO ABIDE BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF PURCHASE.