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Terms and Conditions
1. Introduction :
Welcome to Relaxxd Fit Tactical LLC ("Company", "we", "our", "us")!
These Terms of Service ("Terms", "Terms of Service") govern your use of our website located at www.RelaxxdFitTactical.com (together or individually "Service") operated by Relaxxd Fit Tactical LLC.
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.
Your agreement with us includes these Terms and our Privacy Policy ("Agreements"). You acknowledge that you have read and understood Agreements, and agree to be bound of them. If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at contact@relaxxdfittactical.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service. Whereas it may be noted that repetition within this document may occur, it is done so with the express purpose of emphasizing and reinforcing pertinent points, without prejudice to the clarity and comprehension of the overall content herein presented.
2. Communications:
By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at contact@relaxxdfittactical.com.
3. Purchases:
If you wish to purchase any product or service made available through Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
WE DO NOT SELL FIREARMS, AMMUNITIONS OR EXPLOSIVES.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. You acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “PLACE MY ORDER”, “I ACCEPT”, ANY LINK THROUGH WHICH YOU SUBMIT BILLING OR SHIPPING INFORMATION, or such similar links as may be designated by Relaxxd Fit Tactical LLC to accept these terms and conditions, you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances, or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L.106-229 (the “E-Sign Act”), YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR PRODUCTS OFFERED BY Relaxxd Fit Tactical LLC. Further, you waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
Although RelaxxD Fit Tactical LLC makes every effort to ensure our Products are constructed to fit the most common handguns, manufacturers are known to update their products frequently. Even a slight change from the manufacturer can affect the proper alignment and safe fit of your handgun and the Product. RelaxxD Fit Tactical LLC is not responsible for any such changes or potential errors from the manufacturer.
RelaxxD Fit Tactical LLC Products are designed to fit factory equipment unless otherwise stated. Alterations such as sights, grips, trigger guards, or anything else that can alter the frame, dimensions, or condition of the firearm, may cause an improper fit with a RelaxxD Fit Tactical LLC Product. Do not alter a RelaxxD Fit Tactical LLC Product in any way. An improper fit caused by an alternation could result in an unintended discharge of your firearm. Furthermore, RelaxxD Fit Tactical LLC considers ammunition to be safe only if the ammunition is in new, unfired, and undamaged condition. Damaged ammunition or ammunition which has been “reloaded” either personally or professionally carries additional risk of accidental discharge for which RelaxxD Fit Tactical LLC Products are not designed.
RelaxxD Fit Tactical LLC is not responsible for any wear or damage to your firearm caused by our Products.
You knowingly and freely assume all risk when using a RelaxxD Fit Tactical LLC Product. By purchasing a RelaxxD Fit Tactical LLC Product, you, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify RelaxxD Fit Tactical LLC and its owner(s), agents, and employees from any and all claims, actions, or losses, including liability for accidents, injuries, or death relating to the use of RelaxxD Fit Tactical LLC Products, to include, but not limited to, the accidental discharge of a firearm resulting in property damage or bodily harm, due to the user’s negligence, misuse, or lack of safe and proper firearm handling.
If a RelaxxD Fit Tactical LLC Product becomes worn, loose, defective, or causes a firearm to lack safe and secure fit or draw, you should immediately cease using your RelaxxD Fit Tactical LLC Product. Contact RelaxxD Fit Tactical LLC for warranty coverage instructions. You may refer to our Warranty Policy for further information.
4. Sales Tax Policy:
At RELAXXD FIT TACTICAL LLC, based in Maricopa County, Arizona, we adhere to each state's sales and use tax regulations according to the destination address of your shipment. During checkout, taxes applicable to your total merchandise value will be calculated based on your shipping details. The estimated tax reflected at checkout will be adjusted to the actual charge, inclusive of state, local, and county taxes, upon shipment of your order.
5. Contests, Sweepstakes and Promotions:
Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.
6. Refunds:
Please see our return/exchange policy. You are bound by our Online Return Policy and must adhere to all instructions provided by Relaxxd Fit Tactical LLC for facilitating product exchanges or refunds, where permitted by policy. Prior to making a purchase, carefully review our policies to determine what is permissible for your order. Kindly allow at least 7-10 business days from the time your return is received for the refund to be processed. For further details, please refer to our Policy or contact us via email at contact@relaxxdfittactical.com.
7. Content:
Content found on or through this Service are the property of Relaxxd Fit Tactical LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
8. Prohibited Uses:
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
0.1. In any way that violates any applicable national or international law or regulation.
0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
0.3. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter," "spam," or any other similar solicitation.
0.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
0.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
0.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
0.1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
0.2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
0.3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
0.4. Use any device, software, or routine that interferes with the proper working of Service.
0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
0.7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
0.8. Take any action that may damage or falsify Company rating.
0.9. Otherwise attempt to interfere with the proper working of Service.
9. Analytics:
We may use third-party Service Providers to monitor and analyze the use of our Service. You understand, acknowledge, and agree that the operation of certain portions of this Website or the receipt of certain information, such as registering or creating an account on this Website, requires the submission, use, and dissemination of certain personally identifiable information. Please note that by providing your mobile phone number to the Website, you are providing Relaxxd Fit Tactical LLC your electronic signature expressly consenting to be contacted by telephone (including by automated dialing systems, prerecorded messages, SMS, and MMS) at the number provided, even if the number you provide is on a corporate, state, or national Do Not Call list. You understand that your consent is not required to make a purchase. For a summary of Relaxxd Fit Tactical LLC's information collection and use, please see Relaxxd Fit Tactical LLC's Privacy Policy, which is incorporated herein by reference.
10. No Use By Minors:
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.
11. Accounts:
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
12. Intellectual Property:
Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Relaxxd Fit Tactical LLC and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Relaxxd Fit Tactical LLC.
13. Copyright Policy:
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to contact@relaxxdfittactical.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims" You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.]
14. DMCA Notice and Procedure for Copyright Infringement Claims:
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
0.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
0.2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
0.3. identification of the URL or other specific location on Service where the material that you claim is infringing is located;
0.4. your address, telephone number, and email address;
0.5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
0.6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at contact@relaxxdfittactical.com.
15. Error Reporting and Feedback:
You may provide us either directly at contact@relaxxdfittactical.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service ("Feedback"). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
16. Links To Other Web Sites:
Our Service may contain links to third party web sites or services that are not owned or controlled by Relaxxd Fit Tactical LLC.
Relaxxd Fit Tactical LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
For example, the outlined Terms of Use have been created using PolicyMaker.io, a free web application for generating high-quality legal documents. PolicyMaker’s Terms and Conditions generator is an easy-to-use free tool for creating an excellent standard Terms of Service template for a website, blog, e-commerce store or app.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
17. Disclaimer Of Warranty:
THESE SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. Limitation Of Liability:
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
User Obligations; By downloading, accessing, or using the Website, you represent that you are at least eighteen (18) years old or the legal age of majority, whichever is greater, and you are agreeing to these Terms. You also agree to abide by all applicable local, state, and national laws and regulations with respect to your use of the Website. You further represent you shall at all times provide true, accurate, current, and complete information (and updates thereto) when submitting information to RelaxxD Fit Tactical LLC through the Website. You shall only use the Website as permitted by this Agreement, and you shall not use the Website or the Content for any commercial, political, obscene, illegal, or inappropriate purpose. RelaxxD Fit Tactical LLC reserves the right, in its sole discretion, to terminate your access to the Website for any or no reason. If you register for an account on the Website, you may be required to designate an email address and password, and there may be additional requirements as designated by RelaxxD Fit Tactical LLC from time to time. You agree to assume all responsibility concerning your use of the Website, including all activity occurring through your password (and related account access). You shall immediately notify RelaxxD Fit Tactical LLC if you suspect or become aware of any loss, theft, or unauthorized use of your information to interact or transact with the Website.
19. Termination:
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
20. Governing Law:
These Terms shall be governed and construed in accordance with the laws of United States / Arizona, which governing law applies to agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
a) ARBITRATION
Esteemed denizens, heed this pronouncement with the utmost solemnity:
Embedded within these hallowed Terms lies an “Arbitration Agreement,” wherein the specter of jury trials and class actions fades into oblivion.
But how, you may query, are disputes to be resolved?
Any dispute, whether stemming from your perusal or utilization of the Website, the Products, or any transaction bound by this Covenant (“Disputes”), shall be entrusted to the sanctity of confidential arbitration within Maricopa County, Arizona, USA. Here, the jurisprudence of Maricopa County, Arizona, shall reign supreme, eclipsing any discordant statutes. Should a Dispute arise under this Accord, you hereby pledge to dispatch word unto us at contact@relaxxdfittactical.com (email). Before formalizing a Dispute for arbitration, you and Relaxxd Fit Tactical LLC retain the prerogative to pursue amicable resolution.
But what, pray tell, is this arbitration of which we speak?
Whereas legal entanglements typically find resolution in the hallowed halls of justice before robed adjudicators, arbitration offers a more refined and discrete avenue for conflict resolution. Dispensing with the grandeur of courtrooms, disputing parties instead proffer their arguments and evidence before an impartial arbitrator. Thus, the arbitrator, akin to a jurist of old, applies the law judiciously to determine the victor. Indeed, many arbiters boast distinguished pedigrees as former jurists or legal savants. Arbitration proceedings, held in private chambers or via technologically-mediated communion, ensure the sanctity of privacy in the pursuit of justice.
But why, you may query, do we espouse this Arbitration Agreement?
Behold! Under these august Terms, ANY DISPUTE OR CLAIM BETWEEN YOU AND US RELATING TO YOUR USE OF THE WEBSITE OR PRODUCTS, THESE TERMS, THE PRIVACY POLICY, OR ANY OTHER TERMS AND POLICIES HEREBY ENCAPSULATED, SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION. Thus, we solemnly vow to eschew the adversarial rigors of the courtroom in favor of the more judicious arbitration chamber. Absent this Arbitration Agreement, your recourse to sue in court, with a jury trial, would remain unfettered.
But how, you may query, shall this arbitration unfold?
Arbitration proceedings shall be orchestrated and conducted under the auspices of Relaxxd Fit Tactical LLC, where the Streamlined Rules shall preside. All legal rights, remedies, and defenses conferred by applicable law, be they federal, state, or local, shall endure unabated in arbitration. Each party shall engage in the selection of a neutral arbitrator through prescribed procedures. Absent a waiver, the final arbitration hearing, akin to a trial in its essence, shall be convened in person at a venue closest to your abode. The arbitrator’s decree shall be enshrined within a written proclamation, explicating their decision on each claim alongside a concise exposition of factual findings and legal conclusions underpinning the decree. The arbitrator, beholden to the strictures of applicable law, must ensure fidelity to its dictates, lest their decree be challenged.
But what law, you may query, shall the arbitrator follow?
The laws of the State of Arizona shall serve as our lodestar, guiding the arbitrator in their deliberations and adjudications.
But who, you may query, shall bear the burden of arbitration costs?
Should the arbitrator deem it appropriate, attorneys’ fees may be awarded as they see fit under applicable law.
But might courts intervene in this arbitration?
Indeed, certain limitations circumscribe the arbitrator's authority, particularly concerning the dispensation of “equitable relief.” Notwithstanding, both you and we covenant to pursue equitable relief exclusively in the courts of Maricopa County, Arizona. This carve-out for equitable relief shall not diminish the potency of our Arbitration Agreement.
But may I, you may query, initiate class actions?
Nay. We pledge in unison to refrain from prosecuting claims against each other in a collective capacity, eschewing the representative proceeding. Thus, the realm of class actions shall remain barred from our purview. Know ye, to the fullest extent permitted by the law, no arbitration under this Accord shall be consolidated with another party, whether through class action, private attorney general proceeding, or any other method. Acknowledge, therefore, that while the court trial, with its judge and jury, once beckoned, you now stand committed to the solemn rite of arbitration. Thus, within thirty (30) days from the date of your product purchase or website engagement, you shall possess the right to opt-out of this arbitration agreement. To exercise this right, you must tender written notice unto us at contact@relaxxdfittactical.com (email). Beyond this temporal threshold, your eligibility to opt out of arbitration, regarding claims relating to either product purchase or website engagement, shall lapse.
BE IT KNOWN, this Accord enshrines an Arbitration Agreement and Class Action Waiver, irrevocably divesting you of the right to a court hearing, jury trial, or participation in class actions. Arbitration, therefore, stands as the sole and exclusive recourse for all disputes, unless expressly specified herein or should you elect to opt-out. Attend, therefore, to the sanctity of this document in its entirety before venturing into the hallowed precincts of the Website. Be it known, Relaxxd Fit Tactical LLC shall not bear the burden of arbitration should any impudent interloper dare assail us on account of a perceived error; in such event, we shall stand resolute, poised to seek redress once the arbitration veil is lifted, seeking recompense for damages incurred and time expended in its rectification. Let it be known, this is no mere compact; it is a binding testament forged in the crucible of legal prowess.
Heed these words well, for they bear the weight of high-priced legal acumen, a testament to our unwavering commitment to justice and equity.
You understand that the Website and any information made available through the Website is for informational purposes only. Any activity involving firearms is potentially dangerous and could result in property damage, serious bodily harm, or death. You agree that firearms must be handled in a responsible manner and in compliance with all applicable laws.
User Obligations
By downloading, accessing, or using the Website, you represent that you are at least eighteen (18) years old or the legal age of majority, whichever is greater, and you are agreeing to these Terms. You also agree to abide by all applicable local, state, and national laws and regulations with respect to your use of the Website. You further represent you shall at all times provide true, accurate, current, and complete information (and updates thereto) when submitting information to RelaxxD Fit Tactical LLC through the Website. You shall only use the Website as permitted by this Agreement, and you shall not use the Website or the Content for any commercial, political, obscene, illegal, or inappropriate purpose. RelaxxD Fit Tactical LLC reserves the right, in its sole discretion, to terminate your access to the Website for any or no reason. If you register for an account on the Website, you may be required to designate an email address and password, and there may be additional requirements as designated by RelaxxD Fit Tactical LLC from time to time. You agree to assume all responsibility concerning your use of the Website, including all activity occurring through your password (and related account access). You shall immediately notify RelaxxD Fit Tactical LLC if you suspect or become aware of any loss, theft, or unauthorized use of your information to interact or transact with the Website.
b) Firearm Warning, Disclaimer, and Release
By purchasing your Relaxxd Fit Tactical LLC Product, you acknowledge and agree to the following:
You agree to abide by any and all applicable Federal, State, and Local laws, statutes, regulations, and other forms of governmental authority ("laws") pertaining to (but not limited to) Firearms policy, Self-defense, and Trespassing. Relaxxd Fit Tactical LLC mandates strict adherence to all applicable laws when owning, wearing, or otherwise using any product from RelaxxD Fit Tactical LLC, and the Customer, User, or Wearer agrees to these terms at the time of purchase.
The Customer, User, or Wearer agrees to waive Relaxxd Fit Tactical LLC of any and all liability with respect to individual or group violations of applicable laws.
All firearms are dangerous instruments and should be handled only by responsible persons who have completed a certified training course in the safe handling and use of firearms, or who otherwise obtained the necessary competency for the same level of safe handling and use. You, the consumer, assume any and all risk associated with our Products. Because Relaxxd Fit Tactical LLC has no control over how our Products will be used, or who will be using the Products after your purchase, Relaxxd Fit Tactical LLC disclaims any and all liability for incidental or consequential damages to person(s) and/or property resulting from the use of any Products. You, the consumer, assume all risk of personal injury or death claims as a result of your use of Products.
For example, you, the consumer, are responsible for personally checking and confirming the compatibility of the firearm and any Relaxxd Fit Tactical LLC Product and holsters any time you use a holster or Product. Never place a loaded handgun in a holster or other Relaxxd Fit Tactical LLC Product without first testing the holster or Product and handgun compatibility and fit in an unloaded situation. Always double-check that your handgun is unloaded, including that the chamber is empty. Always treat a handgun as loaded until you check and double-check its condition. For information about how to safely carry your handgun, you should refer to your handgun manufacturer’s safety and instruction manual. The depictions of firearms, including in conjunction with our Products, on our Website is for marketing and informational purposes only and should never be relied upon for safe usage of a firearm.
You are responsible for safely using our Product. For example, you should always make certain, every time you plan to use a Relaxxd Fit Tactical LLC Product, that your handgun is seated correctly and securely in the holster before you remove your hand from the firearm. You can guard against the risk of accidental separation of your firearm if it is correctly seated safely and securely in the holster. Relaxxd Fit Tactical LLC makes no warranties about the safety of any given holster used to carry a firearm. Any holster used with RelaxxD Fit Tactical LLC products should offer 1) complete coverage of the firing trigger when the firearm is in the holster and 2) sufficient retention of the firearm such that the firearm cannot be removed from the holster except through deliberate user action reaching for, grasping, and pulling the firearm out. Never point your firearm at any person when using a RelaxxD Fit Tactical LLC Product, such as when holstering or un-holstering. Your finger should never be on the trigger or inside the trigger guard until you are ready to shoot. Even if your handgun is seated correctly and securely in the holster when using a Relaxxd Fit Tactical LLC Product, you should never engage in a level of physical activity or exertion that could compromise the secure fit of your firearm.
Although Relaxxd Fit Tactical LLC makes every effort to ensure our Products are constructed to fit the most common handguns, manufacturers are known to update their products frequently. Even a slight change from the manufacturer can affect the proper alignment and safe fit of your handgun and the Product. Relaxxd Fit Tactical LLC is not responsible for any such changes or potential errors from the manufacturer.
Relaxxd Fit Tactical LLC Products are designed to fit factory equipment unless otherwise stated. Alterations such as sights, grips, trigger guards, or anything else that can alter the frame, dimensions, or condition of the firearm, may cause an improper fit with a Relaxxd Fit Tactical LLC Product. Do not alter a Relaxxd Fit Tactical LLC Product in any way. An improper fit caused by an alternation could result in an unintended discharge of your firearm. Furthermore, Relaxxd Fit Tactical LLC considers ammunition to be safe only if the ammunition is in new, unfired, and undamaged condition. Damaged ammunition or ammunition which has been “reloaded” either personally or professionally carries additional risk of accidental discharge for which Relaxxd Fit Tactical LLC Products are not designed. Relaxxd Fit Tactical LLC is not responsible for any wear or damage to your firearm caused by our Products. You knowingly and freely assume all risk when using a Relaxxd Fit Tactical LLC Product. By purchasing a Relaxxd Fit Tactical LLC Product, you, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Relaxxd Fit Tactical LLC and its owner(s), agents, and employees from any and all claims, actions, or losses, including liability for accidents, injuries, or death relating to the use of Relaxxd Fit Tactical LLC Products, to include, but not limited to, the accidental discharge of a firearm resulting in property damage or bodily harm, due to the user’s negligence, misuse, or lack of safe and proper firearm handling.
If a Relaxxd Fit Tactical LLC Product becomes worn, loose, defective, or causes a firearm to lack safe and secure fit or draw, you should immediately cease using your Relaxxd Fit Tactical LLC Product. Contact Relaxxd Fit Tactical LLC for warranty coverage instructions. You may refer to our Warranty Policy for further information.
21. Coffee Procurement and Branding
Sourcing: Relaxxd Fit Tactical LLC is committed to supporting American-made products, including coffee. All coffee procured for internal consumption or resale shall be sourced exclusively from American roasters.
Partnership: Presently, Relaxxd Fit Tactical LLC has established a partnership with Red White and Badass Brew LLC, a Veteran-owned and operated coffee company dedicated to employing veterans. Any coffee obtained from Red White and Badass Brew LLC or any other American roaster shall bear the branding of Relaxxd Fit Tactical LLC, Relaxxd Fit Tactical Coffee, RFT Coffee, or any other variation associated with Relaxxd Fit Tactical LLC.
Branding Clarification: It is hereby clarified that any unique names associated with specific coffee blends, such as "A nice cup of STFU" or "FML," are solely designated to describe the flavor profile of the coffee and not indicative of a separate coffee brand. All coffee offerings are under the umbrella brand of Relaxxd Fit Tactical LLC.
Trademark Protection: Any attempt by external entities to claim infringement on their brand or trademarks concerning coffee-related names or brands shall be met with the defense that all coffee products associated with Relaxxd Fit Tactical LLC are clearly distinguished under the Relaxxd Fit Tactical brand. Any such claims must demonstrate that the asserted brand or trademark is not associated with Relaxxd Fit Tactical LLC or its related brands.
Charitable Donations: Any profits derived from the sale of coffee, whether directly or indirectly through promotions or events, shall be allocated to charities chosen by Relaxxd Fit Tactical LLC. The selection of charities is subject to change monthly, aiming to support a diverse range of causes and organizations to benefit various communities.
WE DO NOT MAKE ANY MONEY OFF THE COFFEE! ALL DONATED!
22. Changes To Service:
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users. By participating in the Program, you affirm that you possess all necessary rights, power, and authority to agree to these Terms and fulfill your obligations herein. Nothing within this Agreement or its execution will result in a breach of any other contract or obligation. The failure of either party to exercise any right provided herein shall not be construed as a waiver of further rights. Should any provision of this Agreement be deemed unenforceable or invalid, it shall be limited or removed to the minimum extent necessary, while the Agreement remains in full force and effect. Any new features, changes, updates, or improvements to the Program are subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to modify this Agreement periodically, with updates communicated to you. It is your responsibility to review this Agreement periodically and be aware of any changes. By continuing to participate in the Program after such modifications, you accept the Agreement as modified.
23. Amendments To Terms:
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
24. Waiver And Severability:
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
25. Acknowledgement:
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
Bylaw Term: Certified Mail Requirement for Accusations
Any accusations, claims, or legal notices directed towards the company or its representatives must be submitted via certified mail. This requirement ensures that all communications are officially documented and received by the intended recipients. Failure to comply with this certified mail requirement may result in the invalidation of any accusations or claims submitted through alternative means.
26. Contact Us
Please send your feedback, comments, requests for technical support by email: contact@relaxxdfittactical.com.
These Terms of Service were created for www.RelaxxdFitTactical.com / RELAXXD FIT TACTICAL LLC and ALL THAT ENCOMPASES RELAXXD FIT TACTICAL or RFT or RFT COFFEE.
WEBSITE DISCLAIMER
The information provided by Relaxxd Fit Tactical LLC ("Company", "we", "our", "us") on www.RelaxxdFitTactical.com (the "Site") is for general informational purposes only. All information on the Site is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the Site.
UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK.
WE DO NOT SELL FIREARMS EXTERNAL LINKS DISCLAIMER The Site may contain (or you may be sent through the Site) links to other websites or content belonging to or originating from third parties or links to websites and features. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us.
For example, the outlined Disclaimer has been created using PolicyMaker.io, a free web application for generating high-quality legal documents. PolicyMaker’s disclaimer generator is an easy-to-use tool for creating an excellent sample Disclaimer template for a website, blog, eCommerce store or app.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
SMS/MMS Mobile Message Marketing Program Terms and Conditions**
Welcome to the mobile messaging program ("Program") offered by RELAXXD FIT TACTICAL LLC, based in Maricopa County, Arizona ("We," "Us," "Our"). By opting in or participating in any of our Programs, you agree to these Mobile Messaging Terms and Conditions and Privacy Policy (the "Agreement"). Your participation is subject to these terms and conditions, including resolving disputes through binding, individual-only arbitration, as detailed in the "Dispute Resolution" section below. This Agreement solely governs the Program and does not modify other Terms and Conditions or Privacy Policy that may apply to your relationship with Us in other contexts.
**User Opt In:**
You may join the Program by opting in through online or application-based enrollment forms. Regardless of the method used, you agree to this Agreement upon participation. By joining, you consent to receive autodialed or prerecorded marketing mobile messages at the phone number provided, understanding that consent is not required to make purchases from Us. While some messages may be sent using an autodialer, not all are. Message and data rates may apply.
**User Opt Out:**
To opt out of the Program or discontinue agreement to this Agreement, reply STOP or UNSUBSCRIBE to any message from Us. You may receive a confirmation message upon opting out. Understand that these methods are the only reasonable means of opting out. Any other methods, including alternative text responses or verbal requests, are not considered reasonable.
**Duty to Notify and Indemnify:**
If you intend to stop using the subscribed mobile number, including canceling your service plan or transferring the number to another party, you must complete the opt-out process outlined above beforehand. Failure to do so may result in liabilities incurred by Us or involved parties. You agree to indemnify Us for any claims resulting from your failure to notify, including those under the Telephone Consumer Protection Act and similar laws.
**Program Description:**
Participants can expect to receive messages regarding the marketing and sale of apparel, accessories, bags, training, educational resources, and other personal effects.
**Cost and Frequency:**
Message and data rates may apply. The Program includes recurring mobile messages, with additional ones sent periodically based on user interaction.
**Support Instructions:**
For Program support, text "HELP" to the number from which you received messages or email us at info@relaxxdfit.com. Please note that emailing is not an acceptable opt-out method. Opt-outs must follow the specified procedures.
**MMS Disclosure:**
The Program will send SMS TMs (terminating messages) if your device does not support MMS messaging.
**Our Disclaimer of Warranty:**
The Program is provided on an "as-is" basis and may not be available in all areas or at all times, subject to changes made by your wireless carrier. We are not liable for delays or failures in message receipt.
**Participant Requirements:**
Participants must have a compatible wireless device capable of two-way messaging, use a participating wireless carrier, and have text messaging service. Not all cellular providers support the necessary service.
**Age Restriction:**
You must be at least eighteen (18) years old or permitted by applicable law to engage with the Platform.
**Prohibited Content:**
Sending prohibited content over the Platform is not allowed, including fraudulent, objectionable, or unlawful material. This includes content prohibited by Applicable Law in the jurisdiction from which the message is sent.
These terms and conditions constitute the agreement between you and RELAXXD FIT TACTICAL LLC regarding the mobile messaging Program.
AFFILIATES DISCLAIMER
The Site may contain links to affiliate websites, and we may receive an affiliate commission for any purchases or actions made by you on the affiliate websites using such links.
TESTIMONIALS DISCLAIMER
The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume that all users will have the same experiences.
YOUR INDIVIDUAL RESULTS MAY VARY.
The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity, where the full testimonial contained extraneous information not relevant to the general public.
The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions.
ERRORS AND OMISSIONS DISCLAIMER
While we have made every attempt to ensure that the information contained in this site has been obtained from reliable sources, Relaxxd Fit Tactical LLC is not responsible for any errors or omissions or for the results obtained from the use of this information. All information in this site is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability, and fitness for a particular purpose.
In no event will Relaxxd Fit Tactical LLC, its related partnerships or corporations, or the partners, agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this Site or for any consequential, special or similar damages, even if advised of the possibility of such damages.
GUEST CONTRIBUTORS DISCLAIMER
This Site may include content from guest contributors and any views or opinions expressed in such posts are personal and do not represent those of Relaxxd Fit Tactical LLC or any of its staff or affiliates unless explicitly stated.
LOGOS AND TRADEMARKS DISCLAIMER
All logos and trademarks of third parties referenced on www.RelaxxdFitTactical.com are the trademarks and logos of their respective owners. Any inclusion of such trademarks or logos does not imply or constitute any approval, endorsement or sponsorship of Relaxxd Fit Tactical LLC by such owners.
CONTACT US Should you have any feedback, comments, requests for technical support or other inquiries, please contact us by email: contact@relaxxdfittactical.com.
This Terms & Conditions was created for www.RelaxxdFitTactical.com by its Board of Directors , Team, and Legal Counsel.