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THESE TERMS AND CONDITIONS (these “Terms and Conditions”) GOVERN ALL USE OF THE www.POF-USA.com WEBSITE AND ANY PATRIOT ORDNANCE FACTORY, INC. (POF-USA) AFFILIATED SOCIAL MEDIA ACCOUNTS ON ONLINE SOCIAL MEDIA PLATFORMS (the “Online Platforms”, which may include, but are not limited to, Facebook, X, Instagram, and YouTube), INCLUDING THE PURCHASE OF PRODUCTS THROUGH THE WEBSITE AND POSTING COMMENTS, REVIEWS, PICTURES, OR OTHER CONTENT ON THE PATRIOT ORDNANCE FACTORY, INC. (POF-USA) WEBSITE OR ONLINE PLATFORMS.
THE PATRIOT ORDNANCE FACTORY, INC. (POF-USA) WEBSITE AND ONLINE PLATFORMS ARE INTENDED FOR USE SOLELY BY INDIVIDUALS AGES EIGHTEEN YEARS OF AGE OR OLDER. BY ACCESSING THESE SERVICES, YOU REPRESENT AND WARRANT TO PATRIOT ORDNANCE FACTORY, INC. (POF-USA) THAT YOU ARE EIGHTEEN YEARS OF AGE OR OLDER. IF YOU ARE NOT EIGHTEEN YEARS OF AGE OR OLDER, IMMEDIATELY DISCONTINUE YOUR USE OF THE PATRIOT ORDNANCE FACTORY, INC. (POF-USA) WEBSITE AND ONLINE PLATFORMS.
BY USING THE PATRIOT ORDNANCE FACTORY, INC. (POF-USA) WEBSITE OR ONLINE PLATFORMS, YOU AGREE THAT THESE TERMS AND CONDITIONS, TOGETHER WITH THE PRICE AND PURCHASE INFORMATION PROVIDED AT THE TIME OF PRODUCT PURCHASE, OUR ORDER CONFIRMATION, FIREARM PURCHASE TERMS & CONDITIONS, AND OUR PRIVACY POLICY REPRESENT THE ENTIRE AGREEMENT CONCERNING THE USE OF THE PATRIOT ORDNANCE FACTORY, INC. (POF-USA) WEBSITE, ONLINE PLATFORMS, AND THE PURCHASE OF PATRIOT ORDNANCE FACTORY, INC. (POF-USA) PRODUCTS, AND THAT THESE TERMS AND CONDITIONS SUPERSEDE ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING WITH RESPECT TO PATRIOT ORDNANCE FACTORY, INC. (POF-USA) PRODUCTS.
NO OTHER COMMUNICATION WILL BE CONSTRUED AS, OR CONSTITUTE, A WAIVER OF THESE TERMS AND CONDITIONS OF USE, OR ACCEPTANCE OF ANY ADDITIONAL TERMS, CONDITIONS, OR SPECIFICATIONS, AND PATRIOT ORDNANCE FACTORY, INC. (POF-USA) HEREBY OBJECTS TO ANY SUCH ADDITIONAL OR CONTRARY TERMS, CONDITIONS, OR SPECIFICATIONS.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, IMMEDIATELY DISCONTINUE USING THE WEBSITE AND ONLINE PLATFORMS. BY ACCEPTING THESE TERMS AND CONDITIONS, YOU ALSO AGREE TO OUR PRIVACY POLICY WHICH ALSO GOVERNS YOUR VISIT TO THE WEBSITE AND ONLINE PLATFORMS AND WHICH IS INCORPORATED BY REFERENCE INTO THESE TERMS AND CONDITIONS.
CONTENT
The Website and Online Platforms provide general information about POF-USA’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 POF-USA’s control, we will reasonably undertake to minimize the amount of time during which the Website and Online Platforms are unavailable when possible.
USER RESTRICTIONS
The services and content made available by POF-USA 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 POF-USA 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 POF-USA 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.
ORDERS
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. POF-USA 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 address, billing address, or phone number provided at the time the order was made. POF-USA reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
ACCOUNT
If you choose to register an account on the Website, you will choose a username and password to use in establishing and accessing a POF-USA customer account. Your account will allow you to purchase products from the POF-USA 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 POF-USA if you learn of any actual or suspected unauthorized use of your personal username or password at TECHNICAL@POF-USA.COM.
SECURITY
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 POF-USA . 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, POF-USA may monitor your account and your access to and use of the Website. POF-USA may at any time terminate or suspend your access to the Website or Online Platforms as POF-USA 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. POF-USA 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.
CUSTOMER CONTENT
POF-USA’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 POF-USA and other users on the 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 Online Platforms (“Customer Content”), subject to the rules established by POF-USA 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 POF-USA and hold POF-USA harmless from all losses, claims, damages, and expenses arising from your Customer Content. You grant POF-USA 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. POF-USA may, but is not obligated to, review Customer Content prior to, or at any time after the Customer Content is first displayed by POF-USA. POF-USA may refuse to display and may at any time cease the display of any Customer Content that, in POF-USA’s sole discretion, is in violation of these Terms and Conditions, offensive, defamatory, or otherwise inappropriate, or might expose POF-USA to any claim by or liability to any third party. No display of any Customer Content is a waiver of POF-USA right to cease the display of that Customer Content. POF-USA’s right to review, refuse, and cease the display of Customer Content is not an assumption by POF-USA 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.
REVIEWS & COMMENTS
The Online Platforms include information provided by other POF-USA customers and affiliates, such as comments and product reviews. POF-USA 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
“Transactional Data” means all information collected by POF-USA, or to which POF-USA has access, that relates to the products or services you purchase and your use of the Website and Online Platforms. You grant POF-USA a perpetual, worldwide, irrevocable, royalty-free license, with the right to grant sublicenses, to (i) use Transactional Data in any manner for POF-USA’s internal business purposes, including the provision of products and services to POF-USA 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.
INTELLECTUAL PROPERTY
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 POF-USA, 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.
LIMITATION OF LIABILITY
POF-USA WILL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF, OR RELATING TO, THE POF-USA WEBSITE, ONLINE PLATFORMS, OR POF-USA PRODUCTS, SERVICES, OR ANY OTHER PERFORMANCE UNDER, OR PURSUANT TO THESE TERMS AND CONDITIONS (INCLUDING LIABILITY FOR NEGLIGENCE). IN NO EVENT WILL POF-USA’S LIABILITY OF ANY KIND (A) INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF POF-USA SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE, OR (B) EXCEED THE AMOUNT PAID FOR POF-USA PRODUCTS OR SERVICES.
DISCLAIMER OF WARRANTIES
POF-USA’S SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. POF-USA
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. POF-USA 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 POF-USA 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. POF-USA 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. POF-USA 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, POF-USA 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, POF-USA 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 POF-USA MAY ALSO CONTAIN ADDITIONAL TERMS AND CONDITIONS THAT APPLY TO THE PRODUCTS OR SERVICES OFFERED THROUGH THOSE WEBSITES.
SHIPPING
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.
ASSIGNMENT
You acknowledge, understand, and agree that POF-USA 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 POF-USA.
NOTICES
Any notice permitted or required to be given by you under these Terms and Conditions will be deemed given and effective when sent to POF-USA via email to [email protected] or physical mail to POF-USA, 1492 W. Victory Lane, Phoenix, AZ 85027. Any notice permitted or required to be given by POF-USA 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 POF-USA 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. POF-USA may also provide certain notices to you by posting to the Website which will be effective upon posting.
GOVERNING LAW
These Terms and Conditions will be interpreted and construed in accordance with the laws of the United States and of the State of Arizona, 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 Arizona, and you consent to the jurisdiction of such courts.
FULL FORCE AND EFFECT
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.
THIRD PARTY CONTENT
POF-USA 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 POF-USA and, accordingly, you understand that POF-USA 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 POF-USA 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. POF-USA 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 POF-USA Website shall not be construed to mean that POF-USA endorses, authorizes, or sponsors that third-party website. A link to a third-party website published on the POF-USA Website also shall not be construed to mean that POF-USA is affiliated with the third-party website’s owners or sponsors. Likewise, a third-party website linking or pointing to the POF-USA 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, POF-USA may not be aware that a third-party has linked to our Website.
COMPLIANCE WITH LOCAL, STATE, AND FEDERAL LAW
POF-USA’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 POF-USA Website. By placing an order, you represent to POF-USA that the order is lawful, and any items sold to you by POF-USA will be used by you in a lawful and appropriate manner.
EXPORT RESTRICTION NOTICE
Some items purchased from POF-USA 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 POF-USA. 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.
CHANGES TO THESE TERMS AND CONDITIONS
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. We encourage you to review these Terms and Conditions periodically for any changes.
DISCLAIMER OF WARRANTIES
THE WEBSITE IS PROVIDED "AS-IS", AND POF-USA DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ALL WARRANTIES RELATING TO THE WEBSITE, AS TO THE OPERATION OF THE WEBSITE, THE CONTENTS, INFORMATION, AND MATERIALS OF THE WEBSITE, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE, WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR WARRANTIES AGAINST INFRINGEMENT OR INTERFERENCE WITH ENJOYMENT. BY WAY OF EXAMPLE, WITHOUT LIMITATION, POF-USA DOES NOT WARRANT THAT THE WEBSITE WILL FULFILL ANY USER'S PARTICULAR REQUIREMENTS OR EXPECTATIONS, THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY INFORMATION OBTAINED THROUGH THE WEBSITE IS ACCURATE. SPECIFIC WARRANTIES OFFERED BY US ON ANY PRODUCTS SOLD ON OUR WEBSITE GOVERN OVER THE DISCLAIMERS CONTAINED IN THIS PARAGRAPH.
DISCLAIMER OF LIABILITY
NEITHER POF-USA NOR ANY OF THEIR AFFILIATES, LICENSORS, PARTNERS, MANAGERS, SHAREHOLDERS, DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES
SHALL HAVE ANY RESPONSIBILITY OR LIABILITY TO ANY USER FOR ANY DAMAGES, WHETHER GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL, INCLUDING ANY LOST PROFITS, WHETHER OR NOT FORESEEABLE AND WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, COMMON LAW, OR ANY OTHER THEORY OF LIABILITY, STATUTE, OR REGULATION. USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT DANIEL DEFENSE IS PROVIDING ACCESS TO THE WEBSITE IN RELIANCE ON THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS PRIVACY POLICY, AND FURTHER ACKNOWLEDGES AND AGREES THAT SUCH DISCLAIMERS AND LIMITATIONS ARE REASONABLE. IN NO EVENT SHALL DANIEL DEFENSE’ LIABILITY TO ANY USER EXCEED THE AMOUNTS
ACTUALLY PAID BY USER FOR USE OF THE WEBSITE.
PRICING AND SPECIFICATIONS
Prices and specifications for any products or services sold through our Website are subject to change without notice. Typographic, photographic, and /or descriptive errors are subject to correction. In the event that we determine, in our sole discretion, that we have made an error concerning, but not limited to, the price, specification, quantity, or description of one or more of our products or services, any sale or transfer of said products or services shall be made subject to our correction(s). All prices are quoted in US$. We welcome your questions and comments regarding this Privacy Policy. If you believe that we have not followed our Privacy Policy, please contact us at [email protected].
ACCESSIBILITY
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.
We respect your privacy and are committed to protecting it. Our Privacy Policy 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.
This Website Privacy Policy, Terms of Use, and Disclaimer (collectively referred to as “Privacy Policy”) is provided by Patriot Ordnance Factory, Inc. (commonly referred to as “POF-USA,” “we,” “our,” or “us”). The Privacy Policy is applicable to our website www.pof-usa.com (commonly referred to as "Website"), and it governs data collection and your usage of our Website. It does not apply to information we obtain or collect through means other than our Website.
PLEASE READ THIS WEBSITE PRIVACY POLICY CAREFULLY. BY ACCESSING AND/OR USING OUR WEBSITE, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS AND DISCLAIMERS OF THE PRIVACY POLICY AS IT MAY BE AMENDED OR MODIFIED FROM TIME TO TIME AS DESCRIBED HEREIN BELOW. IF YOU DO NOT AGREE TO
SUCH TERMS AND CONDITIONS AND DISCLAIMERS, DO NOT ACCESS OUR WEBSITE.
DATA COLLECTION
This Privacy Policy includes a description of our policies with respect to our collection and use of certain information through our Website. We may collect two types of information from you: (a) personal information that you voluntarily provide to us, and (b) usage information concerning our Website that we automatically collect as you interact with our Website.
a) Personal Information that You Voluntarily Provide to Us
The majority of times that you visit our Website, your use can occur without you telling us who you are and without providing any information about yourself. However, there are times that we may ask you to voluntarily provide information ("Personal Information") about yourself through the Website. Our requests for personal information will only occur to serve specific purposes, including, but not limited to, (1) your purchase of our products; (2) for you to receive our newsletters/e-blast or other marketing material; (3) for you to participate in user surveys; (4) to process your registration with our Website, including verifying that your e-mail address is active and valid; (5) to improve our Website; (6) to communicate with you regarding information such as products, services, or offers, which we believe you may be interested; (7) to respond to your inquiries; (8) to contact you regarding any of our contests, sweepstakes, or promotions within which you have participated: (9) for our own internal business purposes; and (10) for other purposes as disclosed in this Privacy Policy.
We will not sell, rent, or lease your Personal Information to third parties. However, (1) in cases involving your voluntary participation in a contest, sweepstakes or promotion, we may share your Personal Information to third parties (namely, Sponsor Partners and Affiliates) for the purpose of marketing, administration and prize fulfillment; (2) we may need to provide limited Personal Information to third parties for the purposes of processing orders, processing credit card and other payment transactions, and to deliver products or services to you that you have purchased. Personal financial information will only be used for the reason it was provided, such as to complete a purchase. You are under no obligation to provide us with Personal Information. However, your refusal to provide requested Personal Information will likely limit your ability to participate in certain services or activities offered on our Website, particularly when the requested Personal Information is noted as being mandatory or required for you to participate in a particular service or activity.
b) Cookies; Information We May Automatically Collect
We will not sell, rent, or lease your Personal Information to third parties. When you visit our website, we store cookies on your browser to collect information. The information collected might relate to you, your preferences or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. However, you can choose not to allow certain types of cookies, which may impact your experience of the site and the services we are able to offer. Click on the different category headings to find out more and change our default settings according to your preference. You cannot opt-out of our First Party Strictly Necessary Cookies as they are deployed in order to ensure the proper functioning of our website (such as prompting the cookie banner and remembering your settings, to log into your account, to redirect you when you log out, etc.). For more information about the First and Third Party Cookies used please
follow this link.
STRICTLY NECESSARY COOKIES
These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.
PERFORMANCE COOKIES
These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.
SOCIAL MEDIA COOKIES
These cookies are set by a range of social media services that we have added to the site to enable you to share our content with your friends and networks. They are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these cookies you may not be able to use or see these sharing tools.
TARGETING COOKIES
These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
CONSENT TO TRANSFER INFORMATION TO THE UNITED STATES
All of our Website are operated in the United States and all information our Website collect will be processed and stored in databases located in the United States. Thus, if you are in a location outside of the United States, by using our Website you consent to the transfer to and processing of your information in the United States.
OUR POLICIES REGARDING CHILDEREN
If you are under 18 years of age, please do not submit any information without the express consent and participation of a parent or guardian. We will not knowingly collect Personal Information about any person under 18 years of age. If you are under 18 years of age, do not use or access the Website at any time or in any manner. If you believe that we have information from or about anyone under 18 years of age, please notify us by email at: [email protected].
OUR WEBSITE SECURITY
We will take commercially reasonable security measures to protect and secure your Personal Information. However, no transmission of data over the Internet or electronic storage of information can be 100% secure. Thus, while POF-USA strives to protect your Personal Information, we cannot warrant the security of any Personal Information you transmit to us and you do so at your own risk. Once we receive your Personal Information, we make commercially reasonable efforts to ensure its security in our systems.
CONSENT TO CHANGES TO OUR PRIVACY POLICY
We reserve the right, at our sole discretion, to change this Privacy Policy at any time, which change will be effective seven (7) days following us posting a revised Privacy Policy on our Website. Your continued use of our Website seven (7) days following such posting means you accept and consent to those changes.
CONTESTS, SWEEPSTAKES, AND PROMOTIONS
We may, from time to time, at our sole discretion, offer contests, sweepstakes, and other promotions (collectively referred to as "Promotion") through our Website. If you choose to participate in a Promotion, Personal Information about you may be disclosed to third parties or the public in connection with the Promotion as may be required by applicable law or the rules that govern the Contest. Such Personal Information may include but is not limited to, announcement of winners, a list of names and email addresses, and prize fulfillment and other cross-promotions. Additionally, by participating in Promotion, you are agreeing and consenting to the official rules that govern such Promotion, if applicable.
BUSINESS TRANSFERS AND CORPORATE CHANGES
We reserve the right to disclose and transfer Personal Information to a subsequent owner, co-owner, or operator of one or more of the Website, or in connection with a corporate merger, consolidation, or restructuring, corporate sale, or other corporate change, including, without limitation, during the course of any due diligence process.
REQUIRED DISCLOSURES
We may disclose your personal information, without notice to you, only if required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the requirements of the law or comply with legal process served on POF-USA; (2) protect and defend the rights or property of POF-USA; or (3) under exigent circumstances, to protect the personal safety of users of our Website or the public.
OWNERSHIP
POF-USA owns all the information presented on our Website and has copyrights, trademarks and patents where applicable on such information. However, POF-USA may share approved third-party content (i.e., Instagram posts, etc.) wherein POF-USA will attribute the appropriate ownership and/or credit to the third-party content. All opinions, ideas, suggestions, and other feedback submitted through our Website may be used by us, without any restriction and without charge, and nothing contained in this Privacy Policy shall limit or otherwise affect this.
PUBLIC MESSAGE BOARDS/REVIEWS
If you directly disclose personally identifiable information or personally sensitive data through public message boards available through our Website, such information may be collected and used by third parties and is not subject to the terms and conditions of this Privacy Policy. Additionally, our Website may provide opportunities for you to post reviews of our products and services. Such reviews are not subject to the terms and conditions of this Privacy Policy. Further, although we are not required to monitor such reviews, we reserve the right to remove any reviews that we, in our sole discretion, find offensive, abusive, racist, sexist, homophobic, immoral, sexually explicit, or otherwise objectionable. Additionally, we may remove such reviews if they contain information personal to you or others, such as email addresses, phone numbers, names, addresses, or website addresses.
POF-USA.com utilizes several Google API's and services within our site to provide the best user experience possible. In order to remain compliant with Google, please see the links below for the associated Terms of Services.
If you have any questions about these Terms and Conditions, please contact us by email at [email protected] or call us at +1 (623) 561-9572.
Last Updated: 03/25/2025
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