Terms & Conditions

TERMS AND CONDITIONS

Thank you for choosing The Battalion, LLC (“The Battalion”, “we”, “our”, or “us”). This Terms and Conditions Agreement (the “Terms”) is a legal agreement between you and The Battalion and governs your use of the Services. The “Services” means our website, www.thebattalion.com, and any other website, social media pages, or apps owned or operated by The Battalion (or related companies) (together, the “Site”) and any and all products and services provided to you by The Battalion. By using our Services, you or your business (also “you” or “your” or “their” or “user”) agree to be bound to these Terms, and to the extent such acceptance by you is made on behalf of any entity or other organization, the individual making such acceptance represents and warrants they are authorized to bind such entity or other organization to these Terms.

BEFORE VIEWING OR BROWSING THE SITE OR USING THE SITE OR ANY PRODUCTS OR SERVICES OF THE BATTALION, PLEASE READ THESE TERMS CAREFULLY, AS THEY (AMONG OTHER THINGS) LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

BY USING OUR SERVICES, CREATING AN ACCOUNT, DOWNLOADING ANY APP WE MAY OFFER, ENTERING A CONTEST OR SPECIAL EVENT WE OFFER, AND/OR COMPLETING A PURCHASE WITH US YOU AGREE TO BE LEGALLY BOUND BY ALL TERMS AND CONDITIONS HEREIN. YOUR ACCEPTANCE OF THESE TERMS CREATES A LEGALLY BINDING CONTRACT BETWEEN YOU AND THE BATTALION. IF YOU DO NOT AGREE WITH ANY ASPECT OF THESE TERMS, THEN DO NOT USE THE SITE, CREATE AN ACCOUNT WITH US, OR MAKE ANY PURCHASE.

  1. Privacy Notice. By accessing or using our Site, services, and products, you also acknowledge having read the Privacy Notice, which contains details relating to our collection, use, and disclosure of your Personal Information (as defined therein).

  2. Individual Features. When using the Site, you will be subject to any additional posted guidelines or rules applicable to specific services, offers, and features we may communicate from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms. Please note that additional and/or different conditions and terms of use may apply to media, sweepstakes, products, or services provided through one or more of our partners or business associates, and you should refer to those before using such.

  3. Modification. We may make modifications, deletions, and/or additions to these Terms (“Changes”) at any time. Changes will be effective: (a) thirty (30) days after we provide notice of the Changes, whether such notice is provided via the Site or through other user interfaces; is sent to the email, address, or phone number associated with your Account; or is otherwise provided; or (b) when you opt-in or otherwise expressly agree to the Changes or a version of these Terms incorporating the Changes, whichever comes first.

  4. Accounts. 

    1. For some aspects of our Site, you may need to or be able to register an account with us via our Site (“Account”). To use the Site in this manner and/or register an Account, you must represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Site, and also provide a valid email address, phone number, Federal Firearms License number, and password to create your login profile for the Account. You may also need to add shipping and billing information to your Account to place orders.

    2. All information that you provide to The Battalion or its vendors, agents, associates, or partners, including your payment card or financial account information, is subject to The Battalion’s Privacy Notice or the respective third-party privacy notice. If you have an Account, you are responsible for keeping your information up to date through any Account management options on the Site. Each Account and the rights and privileges provided to Account holders is personal and non-transferable. If you make a purchase and/or create an Account with us, you agree to: (a) provide accurate, current, and complete information about you as may be prompted by any signup, login, checkout, and/or registration forms associated with our Site for any Account (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current, and complete; (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to us; and (e) notify us immediately of any unauthorized use of your Registration Data or of any other breach of security regarding your Account. 

    3. As an Account holder in connection with the Site or a registered user of the Site, you agree to receive emails or texts promoting any special offer(s), including third party offers. We may from time to time send you our newsletter and similar communications. You may opt-out from receiving special promotions or our newsletter by opting to unsubscribe as may be provided in the applicable email correspondence. You cannot opt-out of certain emails regarding transactions you enter into with us. 

    4. Certain products or services may be available exclusively online through the Site. These products may have limited quantities and may be subject to greater restrictions regarding any availability, return, or exchange. We reserve the right, but are not obligated, to limit the sales of our products or limit the offering of our services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions or pricing for products or services are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any products or services at any time. Any offer for any products or services made on our Site is void where prohibited. 

    5. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer Account, the same payment card or financial account, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

  5. Billing and Payments.

    1. The price of all products and services is payable in full before delivery. All sales and any other fees are in U.S. dollars. If you wish to cancel or modify a purchase, you may email us at sales@thebattalion.com; however, any amounts charged to or paid by you prior to such modification or cancellation request may not be refunded and communication may not impact any order for which you have already been charged, depending on the state of the order. It is your responsibility to keep your payment method up-to-date, as well as to cancel your Account (as applicable).

    2. We may change the price of, introduce new, or remove products or services from time to time and may communicate any price or product changes to you in advance. By continuing to use the Site purchase options after the effective date of a price change, you indicate your acceptance of such change. Please make sure you read any notifications of price changes carefully.

    3. Payment processing for the products or services is provided by one or more third party payment processors as we may designate from time to time (“Payment Processor”). The Battalion does not collect or store your payment card or financial account information. You can find out more about our privacy practices in our Privacy Notice and more about our Payment Processor’s privacy practices by viewing our Payment Processor’s privacy notice. By providing a payment card or other payment method accepted by our Payment Processor or us, you represent and warrant that you are authorized to use the designated payment method and that you authorize our Payment Processor to charge or debit your payment method for the total amount of your transaction and any applicable fees (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid, or is otherwise not acceptable, your Account with us and any products or services you have requested may be suspended or cancelled. You must resolve any problem we or our Payment Processor encounters in order to proceed with your use of your Account, complete your purchase, or to receive any products or services.

  6. Shipping and Risk of Loss; Taxes. Unless otherwise indicated at the time of your purchase, shipping and handling fees for products are included with your order. Shipping to continental U.S. destinations is typically 1-10 business days, tracking is provided, Saturday deliveries are an option, and the delivery is by USPS, FedEx, or UPS. Shipping to international destinations may take longer. Shipping dates and/or arrival times are only estimates, and not all products may be available for purchase or delivery in your area. Orders can take up to 2 business days to be fulfilled. Shipping and delivery time estimates do not include the time to process your order, so please keep this in mind if ordering under time sensitive conditions. You must notify us within thirty (30) days of the receipt of your purchase if you believe all or part of your order is missing or damaged. Replacement of products and credits to your Account for shipped products claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your Account at our discretion. Repeated claims of undelivered products may result in the cancellation of your Account or future orders. You may be charged, and are solely responsible for, applicable local and state sales tax.

  7. Returns and Exchanges. Except as may be otherwise stated at the time of purchase or otherwise by The Battalion, we may offer a refund less a 10% restocking fee to the original payment method within 15 days of your original purchase due to dissatisfaction with products purchased from our Site. You are responsible for any return shipping expenses. If you have concerns or problems with the products you receive, please contact us by email at sales@thebattalion.com or via the contact information on the Site and we will attempt to resolve the issue. We reserve the right, in our sole discretion, to issue or not issue refunds or exchanges for returned products or cancelled services. Any custom order or any product that has been mounted, modified, or used in any way is not eligible for a refund or exchange. 

  8. International Access. The Site may be accessed from countries other than the United States. The Site, products, or services may only be available for sale in certain international locations. If you access and use this Site outside the United States, you are responsible for complying with your local laws and regulations. We make no representation that any part of the Site or available product or service is appropriate or available for use in other locations. Users may not download, use, export, or re-export any content posted including any The Battalion Materials (defined herein below) on or through the Site or any products or services or software utilized or available in connection with the Site in violation of any applicable laws or regulations, including, without limitation, United States export laws, regulations, and controls.

  9. Ownership; Proprietary Rights. The Site is owned and operated by The Battalion. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, Site, and all other offerings and elements thereof that are provided by The Battalion (“The Battalion Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All The Battalion Materials are the proprietary property of The Battalion Corporation or its subsidiaries or affiliated companies and/or third-party licensors, or as otherwise noted in connection therewith. All trademark, service mark, and trade name rights mentioned on the Site or in connection with the products or services offered are the property of their respective owners. Except as expressly authorized by The Battalion, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, infringe upon, or otherwise make unauthorized use of the The Battalion Materials.

  10. Errors, Inaccuracies, and Omissions. Occasionally, there may be information on the Site that contains errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability of services. This Site may also contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate. The The Battalion Materials should never be relied upon as the sole basis for making any decisions to purchase products or services from The Battalion. We and our third-party providers, vendors, agents, associates, or partners will not be liable for any purchase decisions made based on the The Battalion Materials. Any reliance on the The Battalion Materials is at your own risk, and you assume any and all risks associated with your purchase decisions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order), but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

  11. Third Party Sites. These Terms apply to our Site and our products or services. The Site and our products or services may include advertisements or other links that allow you to access web sites or other online services that are owned and operated by third parties. We and our third-party providers, affiliates, agents, and licensors may be active investors in businesses related to or mentioned on this Site and may or may not have open investment positions in those businesses. You assume any and all risk associated with your purchase decisions irrespective of whether we or our third-party providers, affiliates, agents, or licensors hold positions in products mentioned on the Site. You acknowledge and agree that The Battalion is not responsible and shall have no liability for the content of such third-party sites, and products or services made available through them, or your use of or interaction with them. If provided, you should review the terms and conditions of any linked websites or resources carefully.

  12. Third-Party Services. The Site may include features or functionality that interoperate with online services operated by third parties (such services, “Third-Party Services”), such as to pay for products through a Third-Party Service, pursuant to agreements between The Battalion and the operators of such Third-Party Services (such agreements, “Third-Party Agreements” and such operators, “Operators”) or through application programming interfaces or other means of interoperability made generally available by the Operators (“Third-Party APIs”) which The Battalion does not control. Third-Party Agreements and Third-Party APIs (and the policies, terms, and rules applicable to Third-Party APIs) may be modified, suspended, or terminated at any time. You acknowledge and agree that The Battalion is not responsible and shall have no liability for the content of such third-party sites, products, or services made available through them, or your use or interaction with them. You should review the terms and conditions of any linked websites carefully.

  13. Prohibited Uses.

    1. As a condition of your use of the Site, The Battalion Materials, or our products or services, you will not use such for any purpose that is unlawful or prohibited by these Terms. Access to the The Battalion Materials, products or services, or the Site from locations where such access is illegal is strictly prohibited. You are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the internet, technology, data, email, payments, or privacy.

    2. Except as expressly permitted by The Battalion, any use of any of the The Battalion Materials for unauthorized or commercial purposes is strictly prohibited.

    3. You may not use the Site in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use of the Site or our products or services. You may not intentionally interfere with or damage the operation of the Site or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You may not remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of any content accessible through the Site, or features that enforce limitations on the use of the same. You may not attempt to gain unauthorized access to the Site, or any part of it, other accounts, computer systems or networks connected to the Site, or any part of them, through hacking, password mining, or any other means, or interfere or attempt to interfere with the proper working of the Site or any activities conducted on or in connection with the same. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form, nor to use modified versions of such, including (without limitation) for the purpose of obtaining unauthorized access to the Site or our products or services. Any resale or commercial use of the Site, The Battalion Materials, or our products or services is prohibited, as is the distribution, public performance, or public display of any The Battalion Materials; the sending of any junk or unsolicited mail to other users of the Site, including, but not limited to, unsolicited or unauthorized advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, email, junk mail, spam, chain letters, informational announcements, charity requests, petitions for signatures, or other form of solicitation; the collecting or storing any personal information from other users of the Site; and any use of our Site, The Battalion Materials, or products or services, other than for their intended purpose.

    4. The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, crawler, or other automated means to access the Site or our products or services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site or our products or services.

    5. You may not utilize framing techniques to enclose any trademark, logo, or other The Battalion Materials without our prior, express, written consent. You may not use any metatags or any other “hidden text” utilizing The Battalion’s name or trademarks without our prior, express, written consent.

    6. You may not deep-link to the Site and shall upon notice from The Battalion promptly remove any links that The Battalion finds objectionable in its sole discretion. You may not use any The Battalion logos, graphics, or trademarks as part of the link without our prior, express, written consent.

    7. Any use of our Site, The Battalion Materials, or products or services other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and will terminate any license or rights granted herein to you. Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. We have the right to terminate the access, orders and/or Accounts of users who we believe in good faith to be violating any laws whatsoever. Unless explicitly stated herein, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.

  14. Information. In order to access certain aspects of the Site or our Services, you may be required to create an Account and/or provide specific information. All information you submit must be truthful. Any Account access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your Account (if any) and access codes and passwords and will be solely liable for any use or unauthorized use of the Site under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Notice.

  15. User Communications. Under these Terms, you consent to receive communications from The Battalion electronically, including via email and/or texts. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The Site, including social media pages or sites connected to The Battalion, may allow you or other users to post, link, store, or otherwise make available a wide variety of information, text and/or other materials to others (“User Content”). You are solely responsible for your use of User Content and features and use it at your own risk. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce your User Content. By using any User Content, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Site any of the following: 

  • User Content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, deceptive, fraudulent, or otherwise objectionable (as determined in our reasonable discretion);

  • User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party or that would any local, state, national, or international law;

  • User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;

  • User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; or that provides private information of any third-party including addresses, phone numbers, email addresses, Social Security numbers, and similar information; 

  • User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using and benefiting from our Site, including, without limitation, User Content that contains or installs any viruses, worms, malware, Trojan horses, or other harmful or destructive content;

  • User Content that is spam, is machine- or randomly-generated, or contains unethical or unwanted commercial content, or that furthers unlawful acts (such as phishing) or misleads recipients as to the source of the material (such as spoofing);

  • User Content that does not comply strictly with any carrier agreements and terms associated with your mobile device; and

  • User Content that attempts to disrupt the Site.

We may from time to time provide interactive services on our Site, including, without limitation: user-maintained help website, chat rooms, and bulletin boards. Where we do provide any interactive service, we will attempt to provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in light of those risks. However, we are under no obligation to oversee, monitor, or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

  1. Mobile App.

    1. The Battalion may provide Services through a mobile app (the “App”), including, but not limited to, an App developed for the Apple Inc. (“Apple”) and Alphabet Inc. (“Android”) mobile platforms. The App is considered an extension of the Site, is included in the definition of such, as is subject to these Terms, along with any content contained therein. The App may collect Personal Information from you. Please refer to the Privacy Notice for how we handle such Personal Information.

    2. The App is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services. You will only use the App in connection with a device that you own or control.

    3. By using the App, you agree that we may communicate with you regarding The Battalion by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the App may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your The Battalion account information to ensure that your messages are not sent to the person that acquires your old number.

    4. In order to use the App, your mobile device must satisfy certain system requirements. Those requirements can be found on the Apple and Google app marketplaces. The Battalion may, from time to time in its sole discretion, make updates, modifications, supplements, or new versions of the App or this Site available to you under these Terms for the purpose of, among other things, distributing bug fixes, patches, and feature improvements, or for any other reason. We highly recommend that you enable automatic updating on your mobile device or that you promptly install all updates as they appear. The Battalion disclaims any and all liability relating to your failure to install any updates to the Site. Notwithstanding the foregoing, The Battalion does not have any obligation to provide any bug fixes, modifications, updates, or technical or end user support for the Site.

    5. You and The Battalion acknowledge that the Terms are concluded between you and The Battalion only, and not with Apple or Google, and that Apple and Google are not responsible for the App or the content. You acknowledge and agree that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any appliable warranty, including those implied by law, you may notify Apple or Google of such failure; upon notification, Apple and Google’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the App.

    6. You acknowledge and agree that The Battalion, and not Apple or Google, is responsible for addressing any claims you or any third party may have in relation to the App. You acknowledge and agree that in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, The Battalion, and not Apple or Google, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim. Both you and The Battalion acknowledge and agree that, in your use of the App, you will comply with any applicable third-party terms of the agreement which may affect or be affected by such use.

    7. Both you and The Battalion acknowledge and agree that Apple and Apple’s subsidiaries and Google and Google’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

  2. Ownership of Feedback, Testimonials, and User Content.

    1. You are under no obligation to provide any reviews, comments, suggestions, ideas, enhancement requests, feedback, and recommendations (“Feedback”) to us. You hereby agree that The Battalion alone (and its licensors, where applicable) shall own all right, title, and interest, including all related intellectual property rights, in and to any Feedback you provide to The Battalion in any media regarding The Battalion Materials, and accordingly hereby assign such to The Battalion without any requirement for compensation or accounting therefor. You hereby waive any and all of your rights of droit moral and similar rights with respect to any Feedback.

    2. From time-to-time, The Battalion may permit end-users to submit reviews and testimonials regarding certain of the Services, as well as biographical information associated with such end-users (collectively “Testimonials”). By submitting a Testimonial, you irrevocably grant to The Battalion the right to use the Testimonial, or any portion thereof, in any and all forms of marketing and promotional material, whether now known or hereinafter developed for any and all uses. You certify to The Battalion that everything you state in the Testimonial is true and an expression of your personal belief. You acknowledge and agree that: (a) at no time did The Battalion provide you with any consultation, advice, or guidance with respect to the substance of the Testimonial; (b) you are not an employee, officer, or director of The Battalion; (c) you are not an immediate family member of an employee, officer, or director of The Battalion; and (d) you are not living in the same household with an employee, officer, or director of The Battalion. You understand and agree that the Testimonial, in whole or in part, may be edited and/or dramatized, and that any part of the Testimonial may be used without compensation to you. You agree that no advertisement or other material incorporating or making reference to the Testimonial need be submitted to you for approval. The Battalion shall be without liability to you whatsoever for any distortion or illusionary effect resulting from its publication of the Testimonial. You expressly release The Battalion from any and all claims that you have or may have for breach of right of publicity, invasion of privacy, defamation, copyright infringement, or any other claim or cause of action arising out of or in connection with any production, distribution, duplication, broadcast, exhibition, publication, advertisement, or promotion utilizing or incorporating the Testimonial, or any other use of the Testimonial whatsoever. You acknowledge and agree that The Battalion shall not be liable for any causes of action or claims related to your decision to provide the Testimonial to The Battalion.

    3. You also hereby grant The Battalion a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, world-wide, assignable, licensable, and transferrable license to use and otherwise exploit any User Content or information other than Feedback provided by you or any other party relating to the The Battalion Materials on or in any and all media (now known or hereafter developed) as The Battalion deems necessary to its business. This license survives termination of these Terms. The Battalion reserves the right, and has absolute discretion, to remove, screen, or edit any Feedback or User Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on our Site or through our Services, at your sole cost and expense.

    4. You represent and warrant that: (a) you will obtain all rights and provide any disclosures to or obtain any consents, approvals, authorizations, and/or agreements from any employee or third party that are necessary for us to collect, use, and share Feedback or User Content you submit in accordance with these Terms and (b) no Feedback or User Content you submit to us infringes upon or violates any other party’s intellectual property rights, privacy, publicity or other proprietary rights. 

  3. Availability of Site.

    1. The Battalion may make changes to or discontinue any of the media, content, or products or services available from the Site at any time, for any reason, and without notice. The Battalion makes no commitment to update the media, contests, content, or products or services on the Site.

    2. Use of the Site requires an internet connection and may result in charges from your cellular or internet service provider(s). The Battalion is not responsible for any such charges. The Battalion is also not liable for any disruption, failure, or malfunction of the Internet or other service providers or for any other situation or event that is out of The Battalion’s direct control. The Battalion is not responsible for any acts or omissions of your cellular communication or Internet Service Providers, or unavailability or errors associated with their systems or services.

  4. Notice. Except as explicitly stated otherwise, legal notices shall be served by a user on The Battalion’s national registered agent, or by The Battalion to the email address you provide to The Battalion during any Account registration process. Notice shall be deemed given 24 hours after a notice is sent by email, unless the sending party is notified that the email address is invalid. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. Alternatively, in our sole discretion, we may give you legal notice by mail to the mailing address provided during the registration or purchase process via the Site. In such case, notice shall be deemed given three (3) days after the date of mailing.

  5. Violations; Termination. 

    1. You agree that The Battalion, in its sole discretion and for any or no reason, may terminate any The Battalion user, member, or Account (or any part thereof) or your use of the Site or access to the products or Services at any time. The Battalion may also in its sole discretion and at any time discontinue providing access to the Site or our products or services, or any part thereof, with or without notice. 

    2. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, account holders who are deemed to be repeat infringers. We may also at our sole discretion limit access to our Site and/or terminate the Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Additionally, we reserve the right to limit access to our Site or products and services and/or terminate Accounts of any users, for reasons of our own discretion that we are not obligated to reveal, at any time.

    3. You agree that any termination of your access to the Site or our products or services or any Account you may have with us or portion thereof may be effected without prior notice, and you agree that The Battalion shall not be liable to you or any third-party for any such termination. The Battalion does not permit copyright infringing activities on the Site. The Battalion reserves the right to terminate access to the Site and/or our products or services and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site or our products or services may be referred to appropriate law enforcement authorities. 

    4. The Battalion also reserves the right to access, read, preserve, and disclose any information we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce these Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of The Battalion, its users, and the public. The Battalion also reserves the right to remove content alleged to be infringing another’s intellectual property rights without prior notice, at our sole discretion. 

    5. These remedies are in addition to any other remedies The Battalion may have at law or in equity. You agree that The Battalion shall not be liable to you or any third-party for any such termination. All provisions which, by their nature, are intended to survive termination, including those with respect to payment obligations accruing prior to such termination will survive any termination of these Terms.

  6. Disclaimers; No Warranties. 

    1. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE PRODUCTS OR SERVICES ARE SUITABLE FOR USE. THE SITE AND ANY MEDIA, SOFTWARE, SERVICES, PRODUCTS, APPLICATIONS, MATERIALS, AND/OR THIRD-PARTY CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE BATTALION, AND ITS VENDORS, AGENTS, ASSOCIATES, AND/OR PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE BATTALION, AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT THAT THE FEATURES CONTAINED IN OR VIA THE SITE OR PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE PROVIDER OR SERVER THAT MAKES THEM AVAILABLE IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. 

    2. THE BATTALION, AND ITS VENDORS, AGENTS, ASSOCIATES, AND/OR PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR OUR PRODUCTS OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT THE BATTALION NOR ITS VENDORS, AGENTS, ASSOCIATES, AND/OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, OR OTHERWISE OBTAIN MEDIA, MATERIAL, OR OTHER DATA THROUGH THE USE OF THE SITE OR PRODUCTS OR SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE WHATSOEVER THAT RESULTS FROM SUCH MATERIAL OR DATA. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

  7. Indemnification; Hold Harmless. You agree to indemnify and hold The Battalion, and its vendors, agents, employees, associates, and/or partners, harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Site or our products or services in violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. The Battalion reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

  8. Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE BATTALION OR ITS VENDORS, AGENTS, EMPLOYEES, ASSOCIATES, AND/OR PARTNERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE THE BATTALION MATERIALS ON THE SITE OR THE PRODUCTS OR SERVICES THEMSELVES, OR ANY OTHER INTERACTIONS WITH THE BATTALION, EVEN IF THE BATTALION OR A THE BATTALION AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE BATTALION’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE BATTALION’S OR ITS VENDORS, AGENTS, EMPLOYEES, ASSOCIATES, AND/OR PARTNERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO THE BATTALION IN THE MONTH IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE APPLICABLE CLAIM. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS SOLD TO YOU BY THIRD PARTIES OTHER THAN THE BATTALION AND RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE SITE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE BATTALION AND YOU.

  9. Dispute Resolution. The parties will negotiate in good faith to resolve expeditiously on a mutually acceptable negotiated basis between appropriate management personnel or individual for each party any dispute between them that may arise. The parties may, by mutual consent, retain an arbitrator to aid in their attempt to resolve any dispute. Costs of the arbitration will be borne equally by the parties, except that each party will be responsible for its own expenses. Should any dispute not be resolved pursuant to this paragraph of these Terms, the parties agree to submit to the exclusive jurisdiction of the courts located in Mesa County, Colorado to resolve any dispute arising out of these Terms or your access to or use of the Site or our products or the services, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

  10. Class Action Waiver. THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, ANY ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).

  11. Miscellaneous.

    1. Minors. The Site and Services are not directed to minors under the age of eighteen (18) years. Consistent with applicable law, we do not knowingly collect personal information from minors under the age of thirteen (13) years without the consent of their parents or guardians. If we learn that we have inadvertently obtained information in violation of applicable laws prohibiting collection of information from minors without such consent, upon proper notice, authority, and necessary confirmation of such, we will work to promptly delete this information.

    2. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Colorado without giving effect to any principles of conflicts of law. EACH OF YOU AND THE BATTALION HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS. FURTHER, EACH OF YOU AND THE BATTALION HEREBY CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF THE OTHER HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE OTHER WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF YOU AND THE BATTALION ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR EACH OF THEM, RESPECTIVELY, TO ENTER INTO AGREEMENT PURSUANT TO THESE TERMS.

    3. Force Majeure; Waiver. The Battalion is not liable or responsible, nor shall be deemed to have defaulted under or breached these Terms, for any failure to perform or delay in performing its obligations under these Terms due to an event of force majeure. An event of force majeure is any event or circumstance beyond The Battalion's reasonable control, such as war, hostilities, act of God, earthquake, flood, fire, or other natural disaster, strike or labor conditions, material shortage, epidemic, disease, government action, or failure of utilities, transportation facilities, or communication or electronic systems. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.

    4. Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

    5. Assignment. These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The Battalion without restriction.

    6. Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.

    7. Entire Agreement. These Terms, including the recitals hereto, as may be revised or supplemented via Guidelines or amendments in our discretion, is the entire agreement between us and you relating to the subject matter herein.

    8. Claims. YOU AND THE BATTALION AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AGAINST THE BATTALION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE AND/OR PRODUCTS OR SERVICESOFFERED BY THE BATTALION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

    9. Copyright Complaints. If you believe that anything on our Site infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.

Name of Agent Designated to receive notification of claimed infringement: Garlington, Lohn and Robinson

Full address of Designated Agent to which notification should be sent: 350 Ryman Street, Missoula, MT 59802

Telephone Number of Designated Agent: 406-523-4200

Email Address of Designated Agent: rclukes@garlington.com 

Please see 17 U.S.C. §512(c)(3) for the general requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages including, but not limited to, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

  1. Disclosures / Contact Information. The Site is operated by The Battalion, LLC, 2252 Colex Drive, Grand Junction, CO 81505, email: sales@thebattalion.com. If you are a California resident, you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired users can reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at TDD (800) 326-2297 or TDD (916) 322-1700.

 

Last Modified: April 2023

 

 

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