Terms of service

OVERVIEW
This website is operated by DARQ Industries LLC. Throughout the site, the terms “we”, “us” and “our” refer to DARQ Industries LLC. DARQ Industries LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse or disallow service to anyone for any reason at any time; whether disclosed or not disclosed. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. We reserve the right to modify or discontinue offering service at any time for any reason. 

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors, fraudulent parties, or parties that appear fraudulent. 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall DARQ Industries, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless DARQ Industries and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at Info@darqindustries.

SECTION 21 - RIGHT TO REFUSE PRODUCT OR SERVICE
We reserve the right to not accept sales of product or service to any customer for any reason disclosed or not disclosed.

 

ITAR COMPLIANCE  

ITAR (International Traffic in Arms Regulations) and EAR (Export Administration Regulations) Compliance Statement

By ordering any product(s) from www.darqindustries.com website, you certify that you, or third-party entities at your direction, will not sell, transport, ship or transfer outside the borders of the United States, nor to any foreign person*, any product(s) which are export-restricted by U.S. export-control law and regulation, without proper U.S. Government export authorization, licensing, and documentation.

Export-restricted items include, but are not limited to, electronic equipment, certain gear and accessories, handheld optical equipment including night vision and night vision accessories, holographic sight systems, “red-dot” optics, optic mounting systems, thermal vision, and tactical lights and lasers. 

You must indicate on your order if you intend for an item(s) to be exported. An indication of desire of exportation in no way compels DARQ Industries LLC to assist with export in any way, before or after purchase of an item(s). Export, or attempt to export, any controlled or prohibited items outside of the U.S. without complying with U.S. export control regulations can result in severe civil and criminal penalties and/or constitute a federal crime. DARQ Industries LLC will not participate in any transaction, directly or indirectly, involving the illegal export or re-export of any prohibited items.

* “Foreign Person” under ITAR § 120.16 means “any natural person who is not a lawful permanent resident as defined by 8 U.S.C. § 1101 (a)(20) or who is not a protected individual as defined by 8 U.S.C. § 1324b(a)(3)”, and can mean “any foreign corporation, business association, trust, society, or any other entity or group that is not incorporated or organized to do business in the U.S., as well as international organizations, foreign governments, and any agency or subdivisions of government (e.g. diplomatic missions).”

IF YOU ORDER AN ITAR CONTROLLED PRODUCT AND ARE NOT A UNITED STATES CITIZEN OR HAVE A SHIPPING ADDRESS OUTSIDE OF THE UNITED STATES YOUR ORDER WILL BE CANCELED AND SUBJECT TO A 15% CANCELLATION/RESTOCKING/REFUND FEE. THIS ALSO APPLIES IF YOU ATTEMPT TO ORDER ARMOR AND ARE A CONNECTICUT RESIDENT. NO EXEMPTIONS EVEN IF LE/MIL.

ALL ORDERS MUST HAVE MATCHING BILLING AND SHIPPING INFORMATION

PURCHASER AGREEMENT

You agree to indemnify, defend, and hold harmless DARQ Industries LLC, its owners, members, licensors, and suppliers from and against all loses, expenses, damages, and costs. Including reasonable attorneys' fees, resulting from your purchase.

Our clothing is print on demand and will take a few days processing time prior shipment. All sales on clothing are final. No returns or exchanges are accepted due to the print on demand process.

SHIPPING GENERAL

All orders must have matching billing and shipping addresses. If the addresses do not match the order may be canceled. We reserve the right to cancel any order for any reason whether disclosed or not disclosed.

If you alter your delivery by the carrier we are not responsible for lost or stolen packages. Altering your delivery constitutes acceptance of package safety and transit.

SHIPPING

Standard Shipping on most items will utilize USPS or UPS. Priority options will utilize USPS Priority Mail or an equivalent transit time service. Next Day options may use either USPS Express 1 Day (estimated) or UPS Next Day services. USPS Express may take up to 2 business days in transit time depending on the destination address. Next Day refers to the carrier service used for transit only. Next Day is not a guarantee and is only an estimated arrival. Next Day does not mean the order departs that day. Operating hours, personnel hours, package drop off and pickup, and other variables may alter departure times on Next Day orders and all orders. Certain destinations may result in an additional transit day due to carrier allowance, regardless of method selected. Shipping times are estimated and will vary based on carrier cut-off times and order queue fulfillment.

With regard to all shipments, whether from DARQ Industries LLC, it’s partners, vendors, or distributors; DARQ Industries LLC and its members are not responsible for stolen items.

NIGHT VISION SHIPPING

If you alter your delivery by the carrier we are not responsible for lost or stolen packages. Altering your delivery constitutes acceptance of package safety and transit.

Orders must have matching billing and shipping addresses. Night Vision ships via UPS with signature confirmation due to nature of the product. We are unable to ship Night Vision to PO Boxes.

Ready to ship items typically ship within 24-48 hours of payment clearing. During large volume events shipping times on ready to ship items may take longer than 48 hours to depart. Please remain patient while our team works to fulfill orders as swiftly as possible in order of which they were received. 

Some items may be subject to a short lead time due to build queue. Please contact us if you have any questions.

In some cases Night Vision orders may require submission of identification. We reserve the right to cancel any order for any reason whether disclosed or not.

We do not export any products.

A missed delivery that is returned to us for repeated missed delivery attempts can be sent to the customer again once returned to us. It is the responsibility of the customer to pay for redelivery charges as we will be charged delivery fees again by carriers.

With regard to all shipments, whether from DARQ Industries LLC, it’s partners, vendors, or distributors; DARQ Industries LLC and it’s members are not responsible for stolen items

RESTRICTED MIL/LE ITEMS: IF YOU ORDER A RESTRICTED ITEM AND DO NOT POSSES PROPER CREDENTIALS TO PURCHASE THE ITEM YOUR ORDER WILL BE CANCELED AND SUBJECT TO A 15% CANCELLATION FEE.

RENTAL AGREEMENT/POLICY

THIS EQUIPMENT LEASE AGREEMENT (“Lease”) is made and effective by clicking on the “I agree, submit this order” button, by and between DARQ Industries LLC, (“Lessor”) and current user (“Lessee”). By clicking on the “I agree, submit this order” button, Lessee agrees to be bound by this Equipment Lease Agreement and all the Terms and Conditions therein, whether or not Lessee has read them. Lessor may at its sole discretion modify this Equipment Lease Agreement and all the Terms and Conditions therein at any time. By clicking on the “I agree, submit this order” button, Lessee indicates acceptance of the modified Terms and Conditions. NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, the parties hereto agree as follows:

• Disclaimer – Every effort is made to assure descriptions and prices are correct. Lessor reserves the right to correct errors as needed. All prices and availability are subject to change without notice.
• Lease – Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the following described equipment (“Equipment”): shown above in the “Contents” area during checkout.
• Shipping – Lessee agrees to pay both outgoing and return shipping charges at the time of the initial transaction, unless parties otherwise agree. The shipping carrier (“Shipper”) shall be USPS, UPS, or FedEx unless the parties otherwise agree. A signature will be required upon delivery unless parties otherwise agree.
• Lessor cannot guarantee a specific time or date for delivery. Any shipping time given by Lessor is only an estimate.
• Use, by Lessee, of shipping methods other than those arranged for by Lessor is a violation of these terms, and may result in the application of late fees.
• Term – The term of this lease shall commence at the latter of the date the Shipper shows the first attempted delivery or the first day of the rental period shown on order receipt. The term of this lease shall expire on the expiration of the term of days shown on the order receipt. The Equipment must be returned to the chosen Shipper by the end of business on the last day of the term of the lease.
• Rent – Rent and a deposit, if applicable, must be paid in advance, in full.
• Late Returns – Late returns are penalized a maximum daily penalty equivalent to 125% of the calculated daily rental rate for the Equipment. (Example: 5 Day Rental $75 = $15 per day. 125% of $15 = $18.75.) Any penalties will be charged to the Lessee’s form of payment on file with Lessor.
• In the event the rental is not returned 7 days after the due date and Lessor has been unable to collect the applicable penalties, the equipment will be considered stolen and the Lessee’s form of payment will be charged the full replacement value of the Equipment.
• If Lessor is unable to collect penalties or the replacement value of the equipment after 7 days, the Lessee shall be considered to be in Default.
• Lessor reserves the right to pursue all civil and criminal remedies in the case of unreturned or lost equipment.
• Use – Lessee shall use the Equipment in a careful and proper manner and shall comply with and conform to all applicable laws, ordinance, and regulations in any way relating to the use or possession of the Equipment.
• Cancellation by Lessor – Lessor reserves the right to cancel any order, for any reason, at any time before delivery occurs.
• Cancellation by Lessee – Lessee may cancel an order subject to the following terms:
• If an order is cancelled by Lessee before the shipment is sent, the cancellation will result in refund less the cost of payment processing.
• If an order is cancelled after the shipment is tendered to the Shipper, but before it is delivered by Shipper will result in a cancellation fee of the lesser of: $100 per shipped parcel.
• Ownership – The Equipment remains at all times the sole and exclusive property of Lessor. The Lessee has no rights or claims to the Equipment. Lessor makes no claims to images, video, or sound recordings made by the Lessee while using the Equipment.
• Damaged or Modified Equipment – Lessee shall keep the Equipment in good repair and condition.
• Lessee shall not materially modify or alter the Equipment.
• In the event of any material modifications, Lessee will be responsible for all reasonable costs of Lessor in restoring the Equipment to its original condition.
• Lessee assumes and shall bear the entire risk of damage to the Equipment from any cause, except damage in the possession of the Shipper, during the term of the Lease.
• Unless pre-existing damage is reported to Lessor within 24 hours after Lessee takes possession of the Equipment, it is assumed any damage to the equipment occurred during the term of the Lease.
• If there is a dispute between Lessor and Lessee as to whether damage occurred in possession of the Shipper, the equipment shall be sent to an independant repair facility. The opinion of the repair facility, as to the cause of the damage, shall be binding on the parties.
• In the event of damage caused by Lessee, Lessor shall determine the repair method and venue and the following will apply:.
• If Lessor chooses an independent company for repair, Lessee is responsible for the total cost of repair, or the value of the equipment, whichever is less.
• Lessor may elect to repair the Equipment in-house. In these cases, Lessee shall be responsible for Lessor’s reasonable expenses for parts and labor up to the value of the equipment.
• At Lessor’s discretion, a cleaning fee may be charged if any of the following must be removed from the equipment upon return:
• Smoke
• Mud or dirt
• Chalk or powder
• Sand
• Any other matter that must be removed from the Equipment before it is placed back in Lessor’s inventory
• Loss of Equipment – Lessee assumes and shall bear the entire risk of loss of the Equipment from any cause during the term of the Lease.
• Lost or Stolen Equipment – In the event that the Equipment is reported by Lessee to be lost or stolen during the term of the Lease, Lessee is liable to Lessor for the replacement value of the Equipment.
• Lessor shall charge Lessee’s form of payment the amount owed for replacement of the lost or stolen Equipment.
• If the Lessee’s form of payment cannot be successfully charged within 24 hours, the Lessee shall be considered to be in Default.
• Unreturned Equipment – If the Equipment is not returned within seven days of expiration of the term of the Lease, the Lessee shall be liable for the replacement value of the Equipment.
• In case of a dispute over whether the Lessee returned the Equipment:
• If the tracking information for the return shipping label provided by Lessor does not show that the Equipment has been picked up by Shipper and the Lessee has no drop-off receipt, the Equipment is considered unreturned.
• If Lessee used an alternate shipping method, not arranged in advance by the parties, and the Equipment is subsequently lost in transit, the Equipment is considered unreturned.
• Lessor shall charge Lessee’s form of payment the amount owed for replacement of the unreturned Equipment.
• If the Lessee’s form of payment cannot be successfully charged within 24 hours, the Lessee shall be considered to be in Default.
• Default – In the event of default, all amounts owed by Lessee to Lessor are immediately due.
• In the event of default, Lessee shall be responsible for any reasonable expenses of Lessor in attempting to recover the amount owed from Lessee including collection fees and attorney’s fees.
• Lessor reserves the right to pursue all available civil and criminal remedies against lessee, including but not limited to: recovering possession of the equipment, obtaining from Lessee’s form of payment any amounts owed, hiring outside debt collection firms or private investigators, filing of criminal charges, and any civil remedies available. These remedies are not exclusive.
• Missing Accessories – In the event of any missing accessories (caps, helmets, batteries, hoods, tripod rings, bags, etc.), Lessee is fully liable to Lessor for the replacement cost of the missing items.
• Liability – Lessor does not assume, and the customer indemnifies Lessor against any liability or claims resulting from use or malfunction of the equipment. Lessee assumes all liability that may arise from use or failure of the equipment. Lessee agrees to indemnify and hold harmless from and against all liability and expenses (including attorney’s fees) howsoever arising or incurred, based upon damage to property or injury to, or death of any person arising out of / or attributable to the Lessee’s possession or use of the equipment.
• Warranty – Lessor makes no express or implied warranties of merchantability or fitness for a particular purpose with respect to this rented equipment and hereby disclaims the same.
• Shipping Delays & Malfunctioning Equipment – In the case of a shipping delay or malfunctioning Equipment, Lessor’s only liability to Lessee is for the portion of Rent applicable to the time period that the Equipment was nonfunctioning or delayed in transit. Lessor shall not be responsible for any consequential or incidental damages resulting from malfunctions or shipping delays.
• Taxes or Duties – The Lessee agrees to keep the Equipment free of any taxes, duties, liens, or other encumbrances. In the event such are levied against the Equipment, renter agrees to reimburse Lessor in full for those charges.
• Ownership – The Equipment remains at all times the sole and exclusive property of Lessor. The Lessee has no rights or claims to the Equipment. Lessor does not have or make any claim to images, video, or sound recordings made by the Lessee while using the Equipment.
• Severability and Governing Laws – Lessee agrees to comply with all state, local, and federal regulations when using the equipment.
• Lessee agrees to a background check, credential verification, and credit check by lessor. Lessee agrees not to export any of the leased equipment outside of the United States and to read and comply with the restrictions below.

Export Regulations

Export of night Vision equipment and optical sighting equipment is controlled by the U.S. Department of State Office of Defense Trade Controls, in accordance with International Traffic in Arms (ITAR), Title 22, Code of Federal Regulations Part 120-130 and/or the Export Administration Regulations (EAR) U.S. Department of Commerce.

It is unlawful to export, or attempt to export or otherwise transfer or sell any hardware or technical data or furnish any service to any foreign person, whether abroad or in the United States, for which a license or written approval of the U.S. Government is required, without first obtaining the required license or written approval from the Department of the U.S. Government having jurisdiction.

It is the Resellers/End Users responsibility to request and obtain export licenses for the export of the subject items, and to ensure that the requirements of all applicable laws, regulations and administrative policies are met.

Sales or transfers to entities on the List of Debarred Parties, Denied Persons list and Embargoed Countries are strictly prohibited.