TERMS AND CONDITIONS OF ACCESS AND USE

The Website and Online Platforms provide general information about Daniel Defense’s products. Your eligibility to access and purchase from the Website is subject to our final determination, restrictions, and acceptance. We may discontinue or make changes to the information, products, licenses, or services described on the Website and Online Platforms at any time. Any dated information is published as of its publication date only. We do not undertake any obligation or responsibility to update or amend any such information. Although we try to provide accurate and timely information on the Website and Online Platforms, there may be inadvertent, technical, or factual inaccuracies and typographical errors. For these reasons we cannot warrant the accuracy, completeness, or timeliness of the information, text, graphics, links, or other items on the Website and Online Platforms.
By offering information, products, or services via the Website and Online Platforms, no solicitation is made by us to any person to use such information, products, or services in jurisdictions where the provision of such information, products, or services is prohibited by law.
From time to time, due to the performance of maintenance, malfunctions or failures of software, equipment, or telecommunications devices, unusual transaction volume, or similar reasons, the Website and Online Platforms may not be available for your use. While some of these situations may be outside of Daniel Defense’s control, we will reasonably undertake to minimize the amount of time during which the Website and Online Platforms are unavailable when possible.

The services and content made available by Daniel Defense on the Website, Online Platforms, and email marketing lists are not intended to be accessed or otherwise used by individuals under eighteen (18) years of age, or individuals prohibited from possessing a firearm or ammunition under federal or applicable state or local law. You represent and warrant to Daniel Defense that you are the actual user of the Website and Online Platforms and the actual person accessing the content available therein. By continuing to access the Website and Online Platforms, you also represent and warrant to Daniel Defense that you are over eighteen (18) years of age, not prohibited from possessing a firearm or ammunition under federal or applicable state or local law, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms and Conditions, and to abide by and comply with the Terms and Conditions.

By placing an order using the Website, you offer to buy the products listed in your order and are subject to these Terms and Conditions. You agree to provide and maintain current, complete, and accurate purchase and account information for all purchases made at our Website. Daniel Defense may reject any orders, or limit or cancel quantities purchased per User, per household, or per order in our sole discretion. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email, billing address, or phone number provided at the time the order was made. Daniel Defense reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

If you choose to register an account on the Website, you will choose a username and password to use in establishing and accessing a Daniel Defense customer account. Your account will allow you to purchase products from Daniel Defense and to post comments, reviews, pictures, or other content on the Website. You must not share your username and password with any other party. We do not want to receive confidential or proprietary information from you through our Website. If you transmit to or post on our Website any material, data, information, or idea by any means, it will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose.
You assume responsibility for any preventing the unauthorized use of your username or password, and you must promptly inform Daniel Defense if you learn of any actual or suspected unauthorized use of your personal username or password at [email protected].

We have taken steps to protect the privacy and security of your Personal Information as well as your transactions with us. Although we use administrative, technical, and physical security measures to protect your account and other Personal Information, the Internet is a public network, and we cannot guarantee that any information transmitted or transactions conducted via the Internet are absolutely secure or that a third party will not be able to access or intercept such information. We are not responsible for any electronic virus or viruses that you may encounter as you use the Internet. We suggest that you routinely scan your devices using a virus protection product. An undetected virus may corrupt and destroy your programs, files, and your hardware.
Your use of this Website and our Online Platforms is limited to the intended functions of the Website and Online Platforms. Unauthorized use of the Website, Online Platforms, and/or our systems, including but not limited to misuse of any information posted on the Website and Online Platforms or unauthorized entry into any of our systems is strictly prohibited. You agree not to interfere, disrupt, or attempt to interfere or disrupt the operation of the Website, our Online Platforms, or of the networks connected to the Website, and to abide by all security policies adopted by Daniel Defense . You agree that you will not use this Website or our Online Platforms to transmit worms, viruses, or any other form of malicious or destructive code to our systems or others’ systems.
You acknowledge and agree that, for security purposes, Daniel Defense may monitor your account and your access to and use of the Website. Daniel Defense may at any time terminate or suspend your access to the Website or Online Platforms as Daniel Defense considers appropriate or necessary in its sole discretion for security reasons, as a result of non-payment, any alleged or suspected breach of these Terms and Conditions, to protect intellectual property, or for any other legitimate business purpose. Daniel Defense may also impose limits on certain features and functions of the Website or Online Platforms or restrict your access to the Website or Online Platforms without notice or liability.

Daniel Defense’s Online Platforms include social media pages on various website (including, but not limited to Facebook, Twitter, and Instagram). You may be able to use your social media account to access the Website and our Online Platforms. We encourage you to post, comment, and interact with Daniel Defense and other users on the Website, and Online Platforms. However, you assume all risk for your interactions with other users, including online interactions and physical interactions.
After you have registered, you may post comments, reviews, pictures, or other content on the Website or Online Platforms (“Customer Content”), subject to the rules established by Daniel Defense under these Terms and Conditions, as those rules might change from time to time. You must not post any Customer Content that is offensive, profane, indecent, obscene, threatening, abusive, libelous, or illegal. Your Customer Content must not violate, plagiarize, or infringe the rights of others, and you will indemnify Daniel Defense and hold Daniel Defense harmless from all losses, claims, damages, and expenses arising from your Customer Content.
You grant Daniel Defense a perpetual, worldwide, irrevocable, royalty-free license, with the right to grant sublicenses, to (i) modify and create derivative works based upon your Customer Content, and (ii) reproduce, display, and distribute your Customer Content, modified versions of your Customer Content, and derivative works based upon your Customer Content. Daniel Defense may, but is not obligated to, review Customer Content prior to, or at any time after the Customer Content is first displayed by Daniel Defense. Daniel Defense may refuse to display and may at any time cease the display of any Customer Content that, in Daniel Defense’s sole discretion, is in violation of these Terms and Conditions, offensive, defamatory, or otherwise inappropriate, or might expose Daniel Defense to any claim by or liability to any third party. No display of any Customer Content is a waiver of Daniel Defense right to cease the display of that Customer Content.
Daniel Defense’s right to review, refuse, and cease the display of Customer Content is not an assumption by Daniel Defense of any responsibility for Customer Content. You acknowledge that you are responsible for any content you may submit through this website and our Online Platforms, including the legality, reliability, appropriateness, originality, and copyright of any such content.
Please retain copies of all Customer Content you submit, as we are under no obligation to store or return any such Customer Content to you. Your submission of Customer Content will not be subject to any obligation of confidentiality, attribution, or otherwise.

The Website and Online Platforms include information provided by other Daniel Defense customers and affiliates, such as comments and product reviews. Daniel Defense is not in any way responsible for such information and does not warrant its accuracy. Your use of that information is at your own risk.

“Transactional Data” means all information collected by Daniel Defense, or to which Daniel Defense has access, that relates to the products or services you purchase and your use of the Website and Online Platforms. You grant Daniel Defense a perpetual, worldwide, irrevocable, royalty-free license, with the right to grant sublicenses, to (i) use Transactional Data in any manner for Daniel Defense’s internal business purposes, including the provision of products and services to Daniel Defense customers and other third parties, (ii) prepare and distribute reports and analyses of Transactional Data, provided that such reports and analyses do not disclose your identity, and (iii) distribute and disclose Transactional Data that is de-identified and aggregated with other data, and grant third parties rights to use and analyze such data for their internal business purposes. Please see our Privacy Policy for additional details.

You acknowledge and agree that all information and content that you access or that is made available to you through the Website and Online Platforms, including, but not limited to, information, text, graphics, trademarks, logotypes, data, and data compilations, is the property of Daniel Defense, its customers, or its suppliers. United States and international trademark, copyright, and other intellectual property right laws protect that information and content. We grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable license to access the Website and Online Platforms and view the content therein for your personal, non-commercial use in accordance with these Terms and Conditions, and not for distribution, resale, sublicensing, or other usage. We reserve all rights not expressly granted in the foregoing sentence. Any unauthorized use or other activity by you in violation of these Terms and Conditions will cause the licenses granted to you by us to terminate immediately and automatically.

DANIEL DEFENSE WILL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF, OR RELATING TO, THE DANIEL DEFENSEWEBSITE, ONLINE PLATFORMS, OR DANIEL DEFENSE PRODUCTS, SERVICES, OR ANY OTHER PERFORMANCE UNDER, OR PURSUANT TO THESE TERMS AND CONDITIONS (INCLUDING LIABILITY FOR NEGLIGENCE).
IN NO EVENT WILL DANIEL DEFENSE ’S LIABILITY OF ANY KIND (A) INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF DANIEL DEFENSE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE, OR (B) EXCEED THE AMOUNT PAID FOR DANIEL DEFENSE PRODUCTS OR SERVICES.

DANIEL DEFENSE’S SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DANIEL DEFENSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DANIEL DEFENSE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO SUCH PRODUCTS OR SERVICES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WHICH DANIEL DEFENSE HEREBY EXPRESSLY DISCLAIMS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
DANIEL DEFENSE DOES NOT WARRANT OR REPRESENT THAT THE SERVICES OR CONTENT ARE ACCURATE OR COMPLETE, CURRENT, FREE FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, FREE FROM CHANGES CAUSED BY A THIRD-PARTY, OR FREE FROM INTERRUPTIONS, ERRORS, COMPUTER VIRUSES, OR OTHER HARMFUL COMPONENTS. DANIEL DEFENSE DOES NOT ASSUME LIABILITY FOR THESE MATTERS. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR THE INABILITY TO USE THE CONTENT OF THIS WEBSITE, EVEN IF ONE OF OUR REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF YOUR DAMAGES. IF YOUR USE OF OUR WEBSITE RESULTS IN YOUR NEED TO SERVICE, REPAIR OR CORRECT EQUIPMENT OR DATA, YOU ASSUME THE COSTS TO THE EXTENT THE LAW ALLOWS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN THE EVENT THAT A PRODUCT, SERVICE, OR PRICE IS LISTED INCORRECTLY DUE TO AN INACCURACY, TYPOGRAPHICAL ERROR, OR ERROR IN PRICING INFORMATION, DANIEL DEFENSE SHALL NOT BE LIABLE TO YOU FOR ANY CLAIM WHATSOEVER ARISING FROM THE INACCURACY AND SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR PRODUCT OR SERVICE(S) LISTED AT THE INCORRECT PRICE. IF YOUR CREDIT CARD HAS ALREADY BEEN CHARGED FOR THE PURCHASE AND YOUR ORDER IS CANCELED, DANIEL DEFENSE SHALL ISSUE A CREDIT TO YOUR CREDIT CARD ACCOUNT IN THE AMOUNT OF THE INCORRECT PRICE.  THE WEBSITES OF THE SUBSIDIARIES AND CORPORATE AFFILIATES OF DANIEL DEFENSE MAY ALSO CONTAIN ADDITIONAL TERMS AND CONDITIONS THAT APPLY TO THE PRODUCTS OR SERVICES OFFERED THROUGH THOSE WEBSITES.

All items purchased through the Website are made pursuant to a shipment contract. [This means that the risk of loss and title for such items pass to you upon tender of the item to the carrier.] Please see the terms and conditions for shipping and returns at the time you place your order, as some items are sold under special offers of not being subject to return except if defective. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

You acknowledge, understand, and agree that Daniel Defense may assign its rights and obligations under these Terms and Conditions without your consent. You may not assign any of your rights and obligations under these Terms and Conditions without the prior written consent of Daniel Defense.

Any notice permitted or required to be given by you under these Terms and Conditions will be deemed given and effective when sent to Daniel Defense via email to [email protected] or physical mail to Daniel Defense, 101 Warfighter Way, Black Creek, GA 31308. Any notice permitted or required to be given by Daniel Defense under these Terms and Conditions will be given and considered to be effective when sent to you at the email address provided in your registration for a Daniel Defense account, unless you notify us of an alternative method of delivery and/or as required by applicable law. It is your responsibility to keep your email address and any other contact information current. Daniel Defense may also provide certain notices to you by posting to the Website which will be effective upon posting.

These Terms and Conditions will be interpreted and construed in accordance with the laws of the United States and of the State of Georgia, without giving effect to any conflict of laws to the contrary. Any action arising out of, or relating to, this Agreement may be brought in any state or federal courts of competent jurisdiction situated in Georgia, and you consent to the jurisdiction of such courts.

If any of these Terms and Conditions conflict with any applicable statute or rule of law, only the affected terms in the Terms and Conditions will be deemed inoperative. If any part of these Terms and Conditions is held to be illegal, void, unenforceable or ineffective, the remaining portions will remain in full force and effect and will not affect the validity or enforceability of the remaining provisions of these Terms and Conditions. No failure by either party to take any action or assert any right under these Terms and Conditions will be deemed to be a waiver of that right in the event of the continuation or repetition of the circumstances giving rise to that right.

Daniel Defense may provide hyperlinks or pointers to other websites maintained by third parties or may provide third-party content on our Website by framing or other methods. The links to third-party websites are provided for your convenience and information only. The content in any linked websites is not under the control of Daniel Defense and, accordingly, you understand that Daniel Defense is not responsible for the content, including any further links in a third-party site. Accordingly, please carefully review the third party’s policies and practices and make sure you understand them before you engage in any transaction. If you decide to access any of the third-party sites linked to the Daniel Defense Website, you do this entirely at your own risk. It is up to you to take precautions to ensure that the third party you link to for your use is free of computer viruses, worms, Trojan horses, and other items of a destructive nature. Complaints, claims, concerns, or questions regarding third party products or services should be directed to the third party.
Daniel Defense reserves the right to terminate a link to a third-party website at any time for any reason. A link to a third-party website published on the Daniel Defense Website shall not be construed to mean that Daniel Defense endorses, authorizes, or sponsors that third-party website. A link to a third-party website published on the Daniel Defense Website also shall not be construed to mean that Daniel Defense is affiliated with the third-party website’s owners or sponsors. Likewise, a third-party website linking or pointing to the Daniel Defense Website shall not be construed as an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, Daniel Defense may not be aware that a third-party has linked to our Website.

Daniel Defense’s Website is intended for use only by users in the United States. By using the services or otherwise accessing the content available on the Website, you acknowledge, understand, and agree that the Website is hosted in the United States and that data collected through the Website or its Services will be stored and processed in the United States.
You acknowledge, understand, and agree that it is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from a Daniel Defense Website. By placing an order, you represent to Daniel Defense that the order is lawful, and any items sold to you by Daniel Defense will be used by you in a lawful and appropriate manner.

Some items purchased from Daniel Defense may be strictly controlled from export by the United States Department of State, Directorate of Defense Trade Controls. Information may be obtained at https://www.pmddtc.state.gov/ddtc_public/ddtc_public. Other products are controlled for export by the United States Department of Commerce, Bureau of Industry and Security. Information regarding BIS may be obtained at https://www.bis.gov. The laws administered by these agencies include but are not limited to the Export Control Reform Act of 2018 (ECRA) (50 U.S.C. 4801-4852), the Export Administration Regulations promulgated thereunder (15 C.F.R. 730-774), the International Traffic in Arms Regulations (22 C.F.R. Chapter I, Subchapter M, Parts 120-130), and their successor and supplemental regulations (collectively, “Export Regulations”). You agree to comply with all applicable Export Regulations with regard to your purchase and use of any products obtained from Daniel Defense. You affirmatively represent and warrant that you are buying products or services for your own personal use only, and not for resale, export, or transfer to a foreign national or a foreign destination in violation of law. Serious penalties, both criminal and civil, may be imposed on persons who fail to comply with the Export Regulations of the United States.

You agree that we may, from time to time, amend all or any part of these Terms and Conditions of Access and Use, including, without limitation, establishing, increasing, or decreasing the fees and charges for products and services made available through the Website and Online Platforms and changing the features and functionality to this Website and the Online Platforms. We will notify you electronically of any change to these Terms and Conditions as required by applicable law. Any such changes shall take effect as soon as they are posted on this Website and the Online Platforms, as indicated by the “Last Updated” date posted at the beginning of these Terms and Conditions. Your use of the Website and Online Platforms after the effective date of the change shall constitute your agreement to be bound by the Terms and Conditions of the change. You encourage you to review these Terms and Conditions periodically for any changes.

We respect your privacy and are committed to protecting it. Our Privacy Policy, found at https://danieldefense.com/privacy-policy-disclaimers, governs the processing of all Personal Information collected from you in connection with your use of the Website and Online Platforms, and purchase of products or services through the Website or Online Platforms.

A printed version of the Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.