Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

BY ACCESSING AND USING OUR WEBSITE, PAGES OR TOOLS, YOU AGREE TO THESE TERMS AND CONDITIONS.

If you do not agree to these terms and conditions, please do not use this site, pages or tools linked to this site. We reserve the right to make changes to these Terms and Conditions at any time, and such changes will be effective immediately upon being posted on the site. Each time you use the site, you should review the current Terms and Conditions. Your continued use of the site will indicate your acceptance of the current Terms and Conditions; however, any material change to these Terms and Conditions after your last usage of the site will not be applied retroactively.

LIMITATION OF LIABILITY

BRASS TACTICAL AND ITS OFFICERS, DIRECTORS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOST REVENUE, LOSS OF USE OR ANY SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, THE MATERIALS ON THIS SITE OR THE PRODUCTS PURCHASED ON THIS SITE, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF BRASS TACTICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

ORDERS AND ERRORS

Our acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. We strive to describe and display our products accurately on the Site. Despite these efforts, a small number of items on the site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience. As part of our shipping procedures, we verify the availability and the price before an item is shipped. If the item you order is no longer available, or if we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email. Brass Tactical reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Brass Tactical shall issue a credit to your credit card account up to the amount of the of the charge of the cancelled order. Term; Termination We reserve the right, without notice and in our sole discretion, to terminate your account or your use of the site and to block or prevent future access to and use of the site (i) if you violate any of these Terms and Conditions, (ii) for any other reason, or (iii) for no reason. Upon any such termination, your right to use the site will immediately cease. You agree that we shall not be liable to you or any third party for any termination of your access to the site. The provisions relating to Copyright and Intellectual Property, Limitation of Liability, Miscellaneous and Indemnification shall survive any termination.

NOTICE

Brass Tactical may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided.

MISCELLANEOUS

Your use of this site and all matters arising out of your use of this site shall be governed in all respects by the laws of the state of Pennsylvania, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that the exclusive jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Brass Tactical products) shall be in the state or federal courts located in Bucks County, Pennsylvania. and you submit to the personal jurisdiction of such courts. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Brass Tactical products) must be commenced within one (1) year after the claim or cause of action arises. The making of claims or resolution of disputes pursuant to this agreement shall be in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You agree that to the extent permitted by applicable law: (1) any and all disputes, claims, and causes of action arising out of or connected with the site and/or these Terms and Conditions will be resolved individually in the forum designated in this section, without resort to any form of class action; and (2) any and all claims, judgments, and awards will be limited to actual third-party, out-of-pocket costs incurred (if any), but in no event will attorneys’ fees be awarded or recoverable. These Terms and Conditions constitute the entire agreement between you and Brass Tactical with respect to the site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the site. No provision of these Terms and Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms and Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms and Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms and Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Brass Tactical may assign its rights and duties under this Agreement to any party at any time without notice to you.

USE OF SITE

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Brass Tactical or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

PARTICIPATION DISCLAIMER

Brass Tactical does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Brass Tactical is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Brass Tactical reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Brass Tactical in its sole discretion.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless BRASS TACTICAL, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

THIRD-PARTY LINKS

In an attempt to provide increased value to our visitors, Brass Tactical may link to sites operated by third parties. However, even if the third party is affiliated with Brass Tactical. Brass Tactical has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Brass Tactical. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Brass Tactical seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

SPECIAL SALES & PROMOTIONS

All offers are subject to availability. Offer only applies to specified colors/sizes/styles. Offer is only valid during the specified time period of the sale noted on the sales promotions. Returns & Exchanges on Sales/Promotional items subject to the standard Brass Tactical Return Policy (Not Applicable on CLEARANCE GEAR).

CLEARANCE GEAR

All sales are final and items may not be returned or exchanged for any reason. No additional discounts apply unless directly specified. Only applies to specified colors/sizes/styles. Stock is subject to availability. Once products our “Out of Stock” they will not be re-stocked.

REVIEWS, RATINGS & OTHER USER SUBMISSIONS

REVIEWS, RATINGS & USER SUBMISSIONS OVERVIEW: Brass Tactical permits the submission of user-submitted ratings and reviews in addition to the submission of other user-submitted text, images, product ideas, audio, and video (“User Submissions”). You understand that such User Submissions may be viewed by others, including by the general public. Brass Tactical does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of publishing them on the Website. User submissions will be reviewed prior to posting on the web by a Brass Tactical administrator to ensure that the reviews do not contain profane or hostile language, and are relevant to the product reviewed. Any review that we deem inaccurate or fraudulent will not be approved for posting.
LICENSE(S): By submitting User Submissions, you hereby grant to Brass Tactical an unrestricted, nonexclusive, perpetual, royalty-free, worldwide, transferable and irrevocable license and right, but not the obligation, to use, edit, change, reproduce, disclose, display, publish, remove, distribute, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, in any form, media or technology, now known or hereafter developed without any payment to or further authorization by you. Under the license granted herein, Brass Tactical shall be free to use any ideas or concepts contained in the User Submissions without further attribution, compensation or notice to you. Brass Tactical reserves the right to determine at its sole discretion whether User Submissions are appropriate and comply with the Terms and Conditions. Brass Tactical obtains the license above, but does not claim ownership of your User Submissions.
YOUR REPRESENTATIONS: In connection with User Submissions, you affirm, represent, and warrant to Brass Tactical that A)The content of your User Submission(s) is original (no lifts from previously published material, including music); B)You own all right, title and interest to your User Submission(s) and have the sole and exclusive right (including all intellectual property and other proprietary rights embodied by the User Submissions or represented by such User Submissions) to license all of the rights therein to Brass Tactical as set forth in the license granted above; C)Use of your User Submission(s) on the Website or otherwise by Brass Tactical, in whole or in part, will not infringe upon the rights of any third party including, without limitation, any intellectual property or privacy rights; D)You have obtained written permission from any other person named, photographed or otherwise depicted or whose voice is used in your User Submission(s) which will allow Brass Tactical to utilize the User Submission(s) without compensation; E)The User Submission(s) that you submit does not contain any material for which you were compensated or granted any consideration by any third party; and F)You are at least 18 years old.

ARMOR SALES

It is against Federal Law for any person convicted of a violent felony to purchase or possess body armor. Multiple states have laws restricting the purchase of body armor by anyone convicted of certain felonies, certain crimes of violence and or drug crimes. By purchasing body armor, you acknowledge and certify that: (1) you have no felony convictions; (2) you have not been convicted of any other crime that would restrict your ability to purchase or possess body armor under any Federal or State law; (3) you do not intend to use the body armor for any criminal purpose; (4) you are over 18 years old; (5) you are not knowingly purchasing body armor for someone else who meets any of the above criteria; (6) you are purchasing body armor solely for your own personal use and not for re-sale to any company or individuals; (7) you acknowledge that all body armor is an ITAR controlled product and you will follow any and all ITAR regulations as it relates to body armor; and (8) you will comply with all applicable federal, state and local laws rules and regulations with respect to your purchase and use of body armor. Brass Tactical reserves the right, to refuse to sell body armor to any person and or company.

DISCLAIMER

USE OF BODY ARMOR (REFERRED TO AS THE “PRODUCT” AND “BODY ARMOR”) IN AN IMPROPER MANNER CAN BE DANGEROUS AND LEAD TO INJURY OR DEATH. BODY ARMOR MAY NOT BE SOLD OR TRANSFERRED TO ANY OTHER PERSON OR ENTITY. ANY ATTEMPTS TO MODIFY BODY ARMOR ARE STRICTLY PROHIBITED. BY USING BODY ARMOR, YOU ACKNOWLEDGE AND AGREE THAT YOU UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THIS NOTICE AND DISCLAIMER AND ALL OTHER INSTRUCTIONS, WARNINGS, CAUTIONS AND NOTICES MARKED ON OR PROVIDED WITH BODY ARMOR. DO NOT USE BODY ARMOR UNTIL YOU FULLY UNDERSTAND HOW TO USE IT AND AGREE TO THESE TERMS AND CONDITIONS. IF YOU HAVE ANY QUESTIONS REGARDING THE SAFE USE AND OPERATION OF BODY ARMOR, CALL BRASS TACTICAL IMMEDIATELY.

IT IS YOUR RESPONSIBILITY TO SAFELY AND PROPERLY USE AND MAINTAIN THE BODY ARMOR PRODUCT. USE BODY ARMOR AT YOUR OWN RISK. BY USING BODY ARMOR, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL DAMAGES, INJURY OR EVEN DEATH THAT MAY RESULT FROM OR BE CAUSED BY SUCH USE. IF YOU DO NOT AGREE TO BE FULLY AND SOLELY RESPONSIBLE FOR YOUR USE OF BODY ARMOR, DO NOT USE IT AND CONTACT BRASS TACTICAL IMMEDIATELY.

THE USE OF BODY ARMOR IS DANGEROUS AND HAZARDOUS BY ITS VERY NATURE. IT IS THE SOLE RESPONSIBILITY OF THE USER TO GET PROPER INSTRUCTION AND TO ACT SAFELY AND WITH CAUTION WHILE USING BODY ARMOR. TAG MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF BODY ARMOR. THIS BODY ARMOR PRODUCT IS PROVIDED “AS IS.” BRASS TACTICAL DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING BODY ARMOR, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TAG WILL NOT BE LIABLE FOR DAMAGES OF ANY NATURE ARISING FROM OR RELATING TO YOUR USE OF BODY ARMOR. YOU AGREE NOT TO HOLD BRASS TACTICAL RESPONSIBLE FOR ANY DAMAGES OR OTHER LIABILITIES ARISING FROM THE USE OF BODY ARMOR.

IN NO CASE SHALL BRASS TACTICAL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENCORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF BODY ARMOR, INCLUDING, BUT NOT LIMITED TO, INJURY, DEATH AND DAMAGE TO PERSONAL PROPERTY, 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, BRASS TACTICAL’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY, DEFEND AND HOLD BRASS TACTICAL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENCORS HARMLESS WITH RESPECT TO ANY CLAIMS, LOSSES, DAMAGES AND EXPENSES SUFFERED BY YOU AND ARISING OUT OF YOUR USE OF BODY ARMOR. YOU AGREE THAT YOU CANNOT AND WILL NOT SUE OR RECOVER ANY DAMAGES FROM BRASS TACTICAL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENCORS AS A RESULT OF ANY DAMAGES OR LOSSES THAT YOU MAY SUFFER ARISING FROM YOUR USE OF BODY ARMOR. YOU HEREBY WAIVE AND RELEASE, NOW AND FOREVER, ALL CLAIMS THAT YOU MAY HAVE AGAINST BRASS TACTICAL TO THE FULLEST EXTENT PERMITTED BY LAW.