Policies

Additional shipping and import tax fees may apply.

If you have any issues with your item please contact order support at orders@ab.us.com

Our preferred shipping method is UPS or USPS.

Most orders ship with in 3-5 business days.

Please contact customer service for more information on returning an item. Thank you.

Original sales receipt must accompany returns.

We accept returns for exchange or refund 7 calendar days after delivery of the product. At our sole discretion after 7 calendar days, we will offer an exchange or store credit only. Items must be in “new, unaltered and unused condition”. Definition of new, unaltered and unused condition is:
• without showing signs of wear or damage in any way
• within 7 calendar days of the delivery date (after 7 days no returns are allowed)
• must not be a special order or a custom order
• unless noted that it cannot be returned or has a different return policy time period other than that 7 days noted in that item’s particular item description.

If an item is received damaged or is incorrectly shipped by us please contact Customer Support immediately. Items that are defective and shipped from us or items that you did not order but received from us will qualify for store credit or a cash refund.

Refunds are contingent upon inspection of item(s) once we receive it.

There is a 15% restocking fee for returned items that are not being exchanged and are not damaged. Again you MUST contact us within 7 days if you intend to return ANY item back to our store. Items returned to us AFTER 7 days and WITHOUT contacting us will NOT be refunded.

Customer is responsible for all shipping costs if seller is not at fault.

Contact Us:

19417 W Howard City – Edmore Rd
Howard City, MI 49329
Office: 844-475-2635

What information do we collect?

• We collect information from you when you register on the site, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, or participate in another site feature.
• When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information. You may, however, visit our site anonymously.
• We also collect information about gift recipients so that we can fulfill the gift purchase. The information we collect about gift recipients is not used for marketing purposes.
• Like many websites, we use “cookies” to enhance your experience and gather information about visitors and visits to our websites. Please refer to the “Do we use ‘cookies’?” section below for information about cookies and how we use them.

How do we use your information?

We may use the information we collect from you when you register, purchase products, enter a contest or promotion, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
• To personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested.
• To allow us to better service you in responding to your customer service requests.
• To quickly process your transactions.
• To administer a contest, promotion, survey or other site feature.
• If you have opted-in to receive our e-mail newsletter, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please refer to the “How can you opt-out, remove or modify information you have provided to us?” section below. If you have not opted-in to receive e-mail newsletters, you will not receive these e-mails. Visitors who register or participate in other site features such as marketing programs and ‘members-only’ content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.

How do we protect visitor information?

We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.

Do we use “cookies”?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Netscape Navigator or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won’t have access to many features that make your site experience more efficient and some of our services will not function properly. However, you can still place orders over the telephone by contacting customer service.

Do we disclose the information we collect to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. The term “outside parties” does not include Applied Ballistics, LLC. It also does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

How can you opt-out, remove or modify information you have provided to us?

To modify your e-mail subscriptions, please let us know by modifying your preferences in the “My Account” section. Please note that due to email production schedules you may receive any emails already in production.

To delete all of your online account information from our database, sign into the “My Account” section of our site and remove your shipping addresses, billing addresses & payment information. Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping.

Third party links

In an attempt to provide you with increased value, we may include third party links on our site. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including if a specific link does not work).

Changes to our policy

If we decide to change our privacy policy, we will post those changes on this page. Policy changes will apply only to information collected after the date of the change. This policy was last modified on August 6, 2003.

Questions and feedback

We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue.

Online Policy Only

This online privacy policy applies only to information collected through our website and not to information collected offline.

Terms and Conditions

Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website.

Your consent

By using our site, you consent to our privacy policy.

AB Quantum™ (the “App”) Privacy Policy

Introduction

Applied Ballistics Inc. (“Company“) respects your privacy and is committed to protecting it through our compliance with this policy. This policy describes:

• The types of information we may collect or that you may provide when you purchase, download, install, register with, access, and/or use the Services.
• Our practices for collecting, using, maintaining, protecting, processing, and disclosing that information.

This policy applies to information we collect in connection with your use of products powered by Company technology including laser range finders, electro-optics devices, visual augmentation devices, heads up displays, and direct and/or indirect fires targeting systems as well as the mobile applications associated with such products (collectively, the “Services”). This Privacy Policy does not restrict or limit our use of aggregate data.

This policy DOES NOT apply to information that we collect:

• Offline, unless we specifically refer to this Privacy Policy.
• On any websites, including websites you may access through the Services.
• From a third party to which you provided such information or from a third party that collected such information.

Company websites, other Company products and apps, and those of other third parties may have their own privacy policies, which we encourage you to read before providing information on or through them, where available.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with, or use the Services.

Where permissible by law, by downloading, registering with, or using the Services, you agree to this privacy policy; otherwise, this policy services to provide you with notice of our data collection, use, and processing in connection with the Services. This policy may change from time to time. Your continued use of the Services after we revise this policy means you accept those changes, so please check the policy periodically for updates.

Data Controller Contact

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us at:

support@ab.us.com

19417 W. Howard City Edmore Road

Howard City, MI, 49319, USA

ATTN: Christopher Palka, Chief Operations Officer

Children Under the Age of 16

We do not knowingly collect personal information from children under 16. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any personal information from or about a child under 16, please contact us.

Information We Collect and How We Use It

When you access our Services, we collect information you provide to us, including certain information you may provide about your device and interaction with the Services. In this Privacy Policy, we refer to any information that can uniquely identify an individual as “personal information” or “personal data.” See the below for more information about whom we collect personal information, the categories of personal information we collect, the purpose of collection, and to whom we may disclose it and why.

We collect information from and about users of the Services:

• Directly from you when you provide it to us.
• Automatically when you use the Services.

We use information that we collect about you or that you provide to us for the purposes disclosed in this policy, including to:

• Provide you with the Services and their contents, and any other information, products or services that you request from us.
• To prevent unauthorized or misuse of the Services.
• Fulfill the purpose for which you provide it.
• Provide notices about your account/subscription.
• Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• Notify you when Services updates are available, and of changes to products or services we offer or provide in connection with the Services.

Information You Provide to Us

When you download, register with, or use the Services, we may ask you to provide certain information to us related to your use of the Services. Personal information you provide to us is collected directly from you for the purposes of providing the Services, including fulfilling your requests to us, processing payment information, communicating with you, and screening our Services for potential risks or fraud. If you elect to provide us with your personal information, you consent to the terms of this Privacy Policy and the outlined disclosures regarding the collection, use, and transfer of your information.

Categories of personal information we collect directly from you includes:

• Contact Information. We collect contact information including names, personal emails, and billing addresses in a number of situations, including when you contact us, register for an account, pay for Services you use, and purchase products and software upgrades via the Services and when you request or use one of our other Services. We use this information to process your requests and may also contact you about Services you use.
• Online Store Information. We utilize third party service provider Shopify to operate our online store where users may purchase software upgrades to certain products. To facilitate these purchases, we collect payment information including names, personal emails, billing addresses, and hardware identification numbers of the associated product of purchasers. We process this information to complete payments and authenticate hardware and software licenses throughout the lifecycle of the product.
• Limited Location Information. Certain Services allow users to consent to the use of their GPS coordinates (geolocation) of their mobile application which we use for the sole purpose of retrieving and providing local weather and atmospheric conditions to the mobile application. The Services utilize a third party service (OpenWeatherMap) to provide this weather information. We do not store or retain this geolocation information.
• Form Submissions. Information that you provide by filling in forms in the Services. This includes information provided at the time of registering to use the Services, subscribing to our service, and requesting further services. We may also ask you for information when you report a problem with the Services.

Automatic Information Collection

When you download, access, and use the Services, we use technology to automatically collect certain analytical and interaction information. This information is collected for the business purpose of administering the Services and to perform analytics on usage to optimize our Services and aid our understanding of how they are used.

Categories of personal information we collect automatically through use of the Services includes:

• Usage Details. When you access and use the Services, we may automatically collect certain details of your access to and use of the Services. We also collect details of transactions you carry out through the Services for the fulfillment of your orders. The usage information and device information we collect helps us to improve the Services and to deliver a better and more personalized experience by enabling us to store information about your preferences, allowing us to customize the Services according to your individual interests, and recognize your preferences when you use the Services on that particular device.
• Device Information. We collect certain information about mobile devices, including Apple installation instance identifiers of IOS users, Android instance identifiers of users of mobile applications, and IP address log files of mobile application users. We may also collect information about your mobile device and internet connection, including operating system, browser type, and mobile network information. We use this information to connect and verify device instances with software upgrade purchases.

• Hardware Identifiers. Certain hardware products carry unique identification numbers which can identify a specific product. We use this information to confirm software license registrations and purchased software upgrades and provide this information to the hardware manufacturer about their devices only.
  • Stored Information and Files. The Services also may access metadata and other information associated with other files stored on your mobile device.
  • Location Information. When you opt-in to allowing use of your location, the Services collect real-time information about the location of your device. For example, certain products can use information regarding your current location to determine current weather conditions to assist in calculating firing solutions.

Third-Party Information Collection

Certain third parties may use automatic information collection technologies, including cross-site tracking technologies, to collect personal information about you or your device. These third parties may include, but are not limited to, your internet service provider, your web browser, your mobile service provider, your mobile device manufacturer, online advertisers, and data analytics companies. We do not control these third parties or how they collect, use, or disclose your personal information. As stated, this Privacy Policy is not applicable to third party collection, use, or disclosure of your personal information. If you have any questions about the privacy practices of any third party, you may contact the responsible third party directly.

Disclosure of Your Information

We may disclose aggregated and analytical information about our users, such as information that does not allow identification of any individual or device, without restriction.

We may disclose any personal data we collect from you on the legal basis that it is necessary for the performance of our contract with you regarding your use of the Services or in preparation to entering into this contract with you. Certain information is disclosed on the basis of our prevailing legitimate interest as it may be necessary for providing certain features of the Services, improving our customer service, and your user experience with the Services.

In addition, we may disclose information that we collect or you provide:

• To our vendors, service providers, and contractors (nVisti, LLC, Amazon Web Services, and Shopify) to help us provide our Services and fulfill obligations to you. These service providers and contractors may include database and cloud service providers, online store platforms, payment processors, and professional services such as legal and accounting. We disclose personal information to our vendors, service providers, and contractors for legitimate business purposes associated with providing the Services.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Applied Ballistics Inc.’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Applied Ballistics Inc. about the Services users is among the assets transferred.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.
• To comply with any court order, law, or legal process, including responding to any government or regulatory request.
• To enforce our rights arising from any contracts entered into between you and us, including the Services EULA, terms of sale, and for billing and collection.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Applied Ballistic, Inc., our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Transfer of personal information out of the EU

Personal information of citizens of EU member states is transferred to third countries outside the EU (e.g. to the USA and the UK). This generally takes place on the basis of contractual regulations (EU standard contractual clauses) with the recipients of such transfer provided for by law and, where applicable, supplementary technical-organizational guarantees which are intended to ensure adequate protection of your data and which you can view on request. We may also base such data transfer on your consent in certain cases.

Data Security

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We will prevent the use of your subscription of the Services on any devices, other than the device that is specifically associated with your subscription.

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through the Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

Retention and Deletion of Your Personal Information

When you access our Services, we will retain your personal information as long as it is necessary for the processing purpose in question or as required by applicable law. Generally this means that all personal data of users we store is stored for the lifecycle of the associated third party hardware product as it is used in order to authenticate the associated software licenses throughout the product lifecycle. We determine the appropriate retention period based on the nature and sensitivity of the personal information being processed, the risk of harm due to unauthorized access versus the benefit of retention, and whether we can achieve the purposes of processing through other means. We may retain your personal information for longer periods if required by law, if you give us your permission, or in case of a legal dispute in which your personal information may be used as evidence.

Changes to Our Privacy Policy

We may update our privacy policy from time to time. If we make material changes to how we treat our users’ personal information, we will make the new privacy policy available with a notice that the privacy policy has been updated.

We do not intend to process the information for any purpose other than that for which it was collected.

The date the privacy policy was last revised is identified at the top of this privacy policy. You are responsible for periodically visiting this privacy policy to check for any changes.

Your Choices and Rights

We respect your privacy and seek to provide you with options to manage the personal information collected about you while you are using our Services. We abide by the privacy laws applicable to you based upon your jurisdiction.

• Emails: You may opt-out of receiving messages from us and any of our affiliates by unsubscribing through the unsubscribe or opt-out link in an email, or by contacting us. We will comply with your request as soon as reasonably practical. Please note that even if you opt-out of receiving marketing-related emails from us, we may still send you important account, purchase confirmation, and administrative messages.
• Push Notifications: You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of the Services.
• Do Not Track: Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

Notice to California Residents

Each capitalized term used, but not defined, in this section shall have the meaning given to such term in the California Consumer Privacy Act of 2018 (“CCPA”). Personal Information as defined in the CCPA shall be included in personal information as used in this Privacy Policy. If you are a resident of California, you have the right to access the personal information we hold about you, to ask that your personal information be corrected, updated, ported, or erased, and to opt out of the sale of your personal information. If you would like to exercise these rights, please contact our Data Controller Contact identified near the beginning of this Privacy Policy. You may optionally designate an authorized agent to submit these requests on your behalf.

• Right of Access to Specific Information: You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable Consumer request, we will disclose to you:

• The categories of personal information we collected about you;
• The categories of sources for the personal information we collected about you;
• Our business or commercial purpose for collecting, sharing, or selling that personal information;
• The categories of third parties with whom we share that personal information;
• The specific pieces of personal information we collected about you (also called a data portability request) and provide a copy to you in an electronic or paper format; and
• The categories of personal information, if any, we disclosed for a business purpose to a third party.
  • Deletion Request Right: You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable Consumer request, we will delete (and direct our Contractors and Service Providers to delete) your personal information from our (and their) records, unless an exception applies (as described below).

As permitted by CCPA we may delete your personal information by (a) permanently and completely erasing the personal information on our existing systems with the exception of archived or back-up systems; (b) de-identifying the personal information; or, (c) aggregating the personal information.

We may deny your deletion request if retaining the information is necessary for us or one of our Contractors or Service Providers to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
• Debug products to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
• Comply with a legal, regulatory or law enforcement obligation; or
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
  • Exercising Access, Data Portability, Correction, and Deletion Rights: To exercise the access, data portability, and deletion rights described above, please submit a verifiable Consumer request to us by calling using the contact information near the beginning of this Privacy Policy. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable Consumer request related to your personal information. You may only make a verifiable Consumer request for access or data portability twice within a 12-month period. To be verifiable, the Consumer request must:
• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative of that person; and
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you. Making a verifiable Consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable Consumer request to verify the requestor’s identity or authority to make the request.

Upon receiving a data access, correction, data port or deletion request from you, we will verify your identity based on the information we have on file for you. Upon verification of your identity, we will proceed to process your request (subject to the exceptions stated above).

We endeavor to confirm receipt of your request within ten (10) days of receiving it. We will respond to a verifiable Consumer request within forty-five (45) days of its receipt. If we require more time (up to an additional forty-five (45) days), we will inform you of the reason and extension period in writing.

We will deliver our written response via email to the email address associated with you or, if we are unable to determine your email address, via mail.

Any disclosures we provide will only cover the 12-month period preceding the verifiable Consumer request receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable Consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

We will not discriminate against you simply for exercising your rights under the CCPA.

Notice to Non-U.S. Residents

Our headquarters is in the United States. The personal information we or our service providers and contractors collect may be stored and processed in servers within or outside of the United States and certain personal information may be accessible by persons or companies outside of the United States who provide services for us. As such, we and our service providers and contractors may transfer your personal information to, or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction. We will take reasonable steps to ensure that your personal information receives an adequate level of protection in the jurisdictions in which we process it.

Where applicable, you acknowledge and consent to our collecting, transmitting, transferring, processing, storing, and otherwise using your personal information outside of the country in which you reside. Your acceptance of this Privacy Policy or use of our Services constitutes consent, either express, implied, or tacit, to collect, use, and share your personal information as indicated herein.

Notice to European Union and United Kingdom Individuals

If you are a resident of the European Union or the United Kingdom (also referred to as a “Data Subject”), the General Data Protection Regulation (“GDPR”) provides you with additional rights regarding our use of your personal information. This section is provided pursuant to the GDPR and UK GDPR. Each capitalized term used, but not defined, in this section shall have the meaning given to such term in the applicable regulation.

This section describes how we collect, share, disclose, and process the personal information of residents of the European Union and United Kingdom. “Personal Data” means any information relating to an identified or identifiable natural person (referred to ‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person and includes all “personal information” referred to in this policy.

If you are a citizen of an EU member stat or your Personal Data is being processed within the EUR you have the following rights as a data subject under GDPR:

Please refer to our contact details (see above) to exercise your rights and to revoke your consent.

1. You have the right to request information about all Personal Data we process about you at any time.
2. If your Personal Data is incorrect or incomplete, you have the right to have it corrected or completed.
3. You may request the deletion of your Personal Data at any time, unless we are legally obligated or entitled to continue processing data.
4. If legal requirements are met, you may request restrictions of the processing of your Personal Data.
5. You have the right to object to the processing insofar as the data processing is carried out for the purpose of direct advertising or profiling. If the processing is carried out on the basis of a weighing of interests, you may object to the processing by stating the reasons arising from your particular situation.
6. If the processing is carried out on the basis of consent or within the framework of a contract, you have a right to transfer the data you have provide, unless this impairs the rights and freedoms of other persons.
7. If we process your Personal Data on the basis of a declaration of consent, you have the right to revoke this consent at any time with effect to the future. The processing carried out before a revocation remains unaffected by the revocation.
8. You also have the right to file a complaint with a data protection supervisory authority at any time if you believe that data processing has been carried out in violation of applicable law.

We will notify all recipients to whom we have disclosed Personal Data of any correction or deletion of your Personal Data or restrictions of the relevant processing, unless this proves impossible or involves a disproportionate effort. We will inform you of the recipients applicable to you if you request this.

Automatic profiles and data security:

We do not create automatic profiles and we take appropriate technical and organizational security measures to protect the Personal Data we process against accidental or intentional manipulation, loss, destruction or against unauthorized access.

Last Updated; April 11, 2022

I. INTRODUCTION
This Terms of Service Agreement (“Agreement”) is an agreement between you (“you” or “user”) and The Science of Accuracy Academy by Applied Ballistics, LLC (“the Organization,” “we,” or “us”). This Agreement governs your access and use of the web pages, interactive features, applications, widgets, and their respective contents at TheScienceofAccuracy.com application (collectively, the “Services”) (the “Services”). By using the Services, you agree to be bound by the terms and conditions contained in this Agreement. If you do not agree to the terms and conditions contained in this Agreement, you may not access or otherwise use the Services.

We may, in our sole discretion, modify this Agreement with or without notice to you. The “Last Updated” date at the top of this Agreement will indicate when the latest modifications were made. By continuing to access and use the Services after this Agreement has been modified, you are agreeing to such modifications. Therefore, you should review this Agreement before each use of the Services. In addition, when using particular services or features, you shall be subject to any posted guidelines or policies applicable to such services, features, or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into this Agreement.

If you are under the age of eighteen (18), you represent that you are either an emancipated minor or have obtained the legal consent of your parent or legal guardian to enter into this Agreement, submit content, participate through the Services and fulfill the obligations set forth in this Agreement.

PLEASE READ THE AGREEMENT CAREFULLY BEFORE USING THE SERVICE. THIS AGREEMENT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE SERVICE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THE DISPUTE RESOLUTION/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.

II. CONNECTIVITY, COMMUNICATIONS, PRIVACY
Normal carrier charges and taxes may apply to any content you obtain from the Services through your cell phone or mobile device. The Organization is not responsible for any surcharges you incur from your cell phone or internet service provider as a result of the use of the Services.

You expressly agree that, as part of the Services, you may receive communications by email. You may stop receiving emails by clicking the unsubscribe links contained in such emails.

Use of the Services is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of this Agreement. Please carefully review our Privacy Policy. By using the Services, you acknowledge that you have read, and you agree to be bound by, the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of the Services and any other personal information provided by you by our Privacy Policy. You further acknowledge and agree that any disputes related to the Privacy Policy, including any breaches in security or privacy, will be subject to the limitations on liability and dispute resolution provisions contained in this Agreement.

III. COPYRIGHT; TRADEMARKS
You acknowledge that all materials on the Services, including the Services’ design, graphics, text, sounds, pictures, videos, software, and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of the Organization or its licensors, and are subject to and protected by the United States and international copyright and other intellectual property laws and rights. You will not obtain any ownership interest in the Materials or the Services through this Agreement or otherwise. All rights to Materials not expressly granted in this Agreement are reserved to their respective copyright owners. Except as expressly authorized by this Agreement or on the Services, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works, or otherwise use any of the Materials in any form or by any means, without the prior written authorization of the Organization or the respective copyright owner. The Organization authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on the Services (including, without limitation, any marks associated with any products available on the Service) are the sole property of the Organization and/or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of the Organization and/or licensors. In addition, all page headers, custom graphics, button icons, and scripts are Marks of the Organization and may not be copied, imitated, or otherwise used, in whole or in part, without the prior written authorization of the Organization. The Organization will enforce its intellectual property rights to the fullest extent of the law.

IV. LINKS; THIRD PARTY WEBSITES
Links on the Services to third-party websites may be provided as a convenience to you. If you use these links, you will leave the Services. Your dealings with third parties through links to such third-party websites are solely between you and such third parties. You agree that the Organization and its Affiliated Parties will not be responsible or liable for any content, goods, or services provided on or through these outside websites or for your use or inability to use such websites. You use these links at your own risk. You are advised that other websites on the Internet, including third-party websites linked from the Services, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. The Organization expressly disclaims any responsibility for the content, legality, decency, or accuracy of any information, and for any products and services, that appear on any third-party website or application.

Without limiting the foregoing, your correspondence or business dealings with, participation in promotions of or purchases from third parties found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that the Organization and its Affiliated Parties shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Services.

V. DISCLAIMER; LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE ORGANIZATION AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND OTHER REPRESENTATIVES AND THE ORGANIZATION’S VENDORS AND BUSINESS PARTNERS (COLLECTIVELY, “THE ORGANIZATION AND ITS AFFILIATED PARTIES”). EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE ORGANIZATION AND ITS AFFILIATED PARTIES MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, YOUR MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE ORGANIZATION AND ITS AFFILIATED PARTIES ON OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL SERVICES OBTAINED ON OR THROUGH THE SERVICE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE DISTRIBUTORS AND/OR SUPPLIERS IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE ORGANIZATION AND ITS AFFILIATED PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES, CONCERNING THE SERVICES LISTED ON OR THROUGH THE SERVICES.

THE ORGANIZATION AND ITS AFFILIATED PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION; (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, OR (VI) FOR ANY OTHER MATTER RELATING TO THE SERVICES OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE ORGANIZATION AND YOU. THE INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE ORGANIZATION AND AFFILIATED PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY INFORMATION OR SERVICE PURCHASED BY YOU FROM THE ORGANIZATION ON THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID THE ORGANIZATION ANY AMOUNTS FOR ANY INFORMATION OR SERVICE PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE ORGANIZATION IS TO STOP USING THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

VI. INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Organization and its Affiliated Parties against all claims, demands, causes of action, losses, expenses, damages, and costs, including any reasonable attorneys’ fees, resulting from or arising from or relating to your use of the Services, your breach of this Agreement, your infringement or violation of any rights of another, or termination of your access to the Services.

VII. SERVICE USAGE; TERMINATION OF USAGE
If you provide information on the Services, you agree to provide true, accurate, current, and complete information about yourself as prompted by the Services. If you provide any information that is false, inaccurate, outdated, or incomplete, or the Organization has reasonable grounds to suspect that such information is false, inaccurate, outdated, or incomplete, the Organization has the right to prohibit any current or future use of the Services (or any portion thereof) by you.
You agree to use the Services only for lawful purposes, and that you are responsible for your use of the Services. You agree not to use the Services in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Services.

You further agree that you will not access the Services by any means except through the interface provided by the Organization for access to the Services. Running or displaying the Services or any information or material displayed on the Services in frames or through similar means on another website or application without the prior written authorization of the Organization is prohibited. Any permitted links to the Services must comply with all applicable laws, rules, and regulations.

The Organization makes no representation that Materials contained on the Services or products described or offered on the Services are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Visitors who use the Services and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Services from any territory where its contents are illegal and that you, and not the Organization and its Affiliated Parties, are responsible for compliance with applicable local laws.

This Agreement is effective unless and until terminated by either you or the Organization. You may terminate this Agreement at any time, provided that you discontinue any further use of the Services. The Organization also may terminate or suspend this Agreement, at any time, without notice, and accordingly deny you access to the Services, for any reason, including without limitation, if in the Organization’s sole discretion, you fail to comply with any term or provision of this Agreement or your use is harmful to the interests of another user or the Organization and its Affiliated Parties. Upon any termination of the Agreement by either you or us, you must destroy all materials downloaded or otherwise obtained from the Services, as well as all copies of such materials, whether made under the Agreement or otherwise.

The Organization reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Except as otherwise expressly stated in this Agreement, you agree that the Organization and its Affiliated Parties shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
You agree that the Organization may terminate or suspend your access to all or part of the Services, without notice, for any conduct that the Organization, in its sole discretion, believes violates this Agreement or any applicable law or is harmful to the interests of another user or the Organization and its Affiliated Parties.

Sections V-XI shall survive any termination of this Agreement.
VIII. APPLICABLE LAW; JURISDICTION; DISPUTE RESOLUTION
(a) The Services are controlled and operated by the Organization from within the United States of America. The Organization makes no representations or warranties that the content or materials of the Services are appropriate or lawful in any foreign countries, or that any items or applications offered for sale or download through links on the Services will be available outside the United States. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

(b) This Agreement shall be governed by the laws of the United States and the State of Michigan, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. The parties agree that any claim or dispute one party has against the other party arising under or relating to this Agreement (including claims in contract, tort, strict liability, statutory liability, or other claims) that is not resolved under Section VIII (c) of this Agreement must be resolved exclusively by a court of competent jurisdiction, federal or state, located in Grand Rapids, Michigan, and no other court. Each party agrees to submit to the personal jurisdiction of such courts and to accept service of process from them.

(c) This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Michigan, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles.

It is the Organization’s goal that the Services meet your expectations. However, there may be instances when you have a problem or dispute that needs special attention. In those instances, the Organization is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with the Organization, you acknowledge and agree that you will first allow the Organization to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute using the following email address support@ab.us.com.

You then agree to negotiate with the Organization in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after the Organization’s receipt of your written description of it, you agree to the further dispute resolution provisions below.

You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arising out of the Service or this Agreement, shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate the Organization’s or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by the Organization and/or the applicable third party(ies). You and we acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision).

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”). For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Upon your filing of the arbitration demand, we will pay all filing, administration, and arbitrator fees for claims that total less than $75,000. For claims that total more than $75,000, the payment of filing, administration, and arbitrator fees will be governed by the AAA Commercial Arbitration Rules. You and we agree to pay our own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith with the Organization as required above before initiating an arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, the Organization agrees not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court if your claims qualify for hearing by such court.

YOU HAVE A RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION WITH REGARD TO ANY PARTICULAR INTERACTION WITH THE SITE OR THE SERVICE, THEN WITHIN THIRTY (30) DAYS FROM THE DATE OF SUCH INTERACTION, YOU MAY OPT-OUT OF THIS PART OF THE AGREEMENT BY SENDING AN EMAIL TO marketing@ab.us.com. Any opt-out received after the thirty (30) day time period will not be valid and you must pursue your claim via arbitration pursuant to these Terms. To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE OR THE SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.

WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND THE ORGANIZATION BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.
In no event shall any claim, action, or proceeding by you related in any way to the Service or this Agreement be instituted more than one (1) year after the cause of action arose.

IX. SEVERABILITY; INTERPRETATION
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this Agreement, the term “including” shall be deemed to be followed by the words “without limitation”.

X. ENTIRE AGREEMENT
This Agreement, including the Privacy Policy and other policies incorporated herein, constitutes the entire and only Agreement between the Organization and each user of the Services with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings, written or oral, with respect to the subject matter of this Agreement.

XI. MISCELLANEOUS
The failure of the Organization and its Affiliated Parties to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to the use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The “Disclaimer; Limitation of Liability” provisions of this Agreement are for the benefit of the Organization and its Affiliated Parties as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

XII. CONTACT INFORMATION
If you have any comments, questions, or complaints regarding this Agreement or the Services, or wish to report any violation of this Agreement, please contact us at support@ab.us.com. We will address any issue to the best of our abilities as soon as possible.

These Terms of Sale (the “Terms”) shall apply to all sales or transfers of property from Applied Ballistics, LLC, an Indiana limited liability company, Applied Ballistics Holdings, Inc., an Indiana corporation, Applied Ballistics Inc., an Indiana corporation, nVision Technology Inc., an Indiana corporation, Applied Ballistics Training Division Inc., an Indiana corporation, or nVisti, LLC, an Indiana limited liability company (hereinafter each individually shall be referred to as “Seller”).  Seller hereby gives notice of its objection to any different or additional terms on the Customer’s purchase order or any attachment thereto which the Customer may issue, or any prior general agreement, which add to, vary from, or conflict with the Terms herein, including, but not limited to, the Seller’s liability to Customer for consequential damages. Any such proposed terms shall be void and the Terms herein shall constitute the complete and exclusive statement of the terms and conditions of the contract between Seller and Customer and may hereafter be modified only by written instrument duly signed by an authorized representative of Customer and an officer of the Seller.  “Customer” shall mean that certain party ordering goods from Seller as identified in a corresponding purchase order, whether oral and written, and related invoice from Seller.  Any reference to “goods” herein shall mean all products, parts, items, inventory, or other property, including, but not limited to, books, apparel, merchandise, ammunition, training materials, and software, sold by Seller to Customer

In certain circumstances, Seller and its customer(s) may enter into separate written contracts, executed and signed by authorized representatives of both parties, that have terms that may or may not be different from the Terms herein. In such contracts, the contract terms that conflict with the terms herein will be controlling.  To the extent that the express terms of any invoice issued by Seller conflict with the Terms herein, the terms of such purchase order will be controlling.  Otherwise, the Terms herein shall control.

1. APPLICABILITY:  Seller’s acknowledgement and acceptance of Customer’s order is conditioned on Customer’s acceptance of these Terms, which Terms shall be deemed to have been accepted by Customer unless Customer shall have given Seller written notice of rejection within ten (10) days after issuance of Customer’s purchase order, whether oral or written, to Seller or the day before the delivery date specified in Customer’s purchase order, whichever shall first occur.  Subject to the preceding paragraph and a written contract executed and signed by authorized representatives of both Seller and Customer, these Terms, together with any document attached to or incorporated by reference herein by Seller, constitute the entire agreement between the parties and supersedes all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral, with respect to the subject matter of the Customer’s purchase order. In the event of any conflict between these Terms and the Customer’s purchase order, these Terms shall govern.  Subject to the preceding paragraph and a written contract executed and signed by authorized representatives of both Seller and Customer, these Terms prevail over any terms or conditions contained in any other documentation and expressly exclude any of Customer’s general terms and conditions.
2. PAYMENT TERMS: (a)  In consideration for the satisfactory provision of the goods and/or services provided by Seller, Customer agrees to pay the fees set forth in the invoice issued by Seller to Customer.  If Customer disagrees with such fees, Customer shall provide written notification of such disagreement within five (5) days of receipt of the corresponding invoice.  Failure to provide such notice shall be a waiver of any claims or disputes related to such price. (b) Seller shall issue invoices to Customer and Customer shall pay all invoiced amounts to Seller within thirty  (30) days of the date of such invoice.  Such amount shall be paid regardless of whether Customer disputes such amount or such goods and/or services.  Customer hereby waives any right to setoff any claim it has against the Seller, whether related to the goods and/or services provided by Seller or otherwise.  (c) Unless otherwise specified, the prices quoted in any invoice do not include any taxes. Unless prohibited by statute, Customer agrees to pay to Seller the amount of any federal, state, municipal or other tax which Seller may be required to pay on account of the ownership at the place of installation, or the manufacture, transportation, sale or use of, the material and equipment which is the subject of the invoice(s).  (d)  Seller reserves the right to require payment in advance or upon delivery and/or otherwise modify credit terms. When partial shipments are made, payments therefor shall become due in accordance with the designated terms upon submission of invoices therefore. Any invoice unpaid by Customer within thirty (3) calendar days after due date shall be subject to a late fee of one and one-half percent (1.5%) monthly (18% per annum). Seller’s failure to demand payment of late fees shall not constitute a waiver of Seller to do so later. Furthermore, such demand, if made, shall not alter the obligation of Seller with regard to said order. Should Customer become delinquent in the payment of any sum due hereunder, Seller shall not be further obligated to continue performance. Customer shall pay all reasonable costs and expenses, including attorney and collection fees, incurred by Seller in connection with any amounts not timely paid by Customer for goods ordered.
3. DELIVERY:Scheduled shipping dates are approximate. If conditions arise that prevent compliance with the scheduled delivery, Seller shall not be liable for any damage or penalty for delay in delivery, or for failure to give notice of delay. Without limiting the generality of the foregoing, Seller shall not be liable for delay by reason or inability, due to causes beyond its reasonable control, to obtain the necessary labor, materials or manufacturing facilities, or for delays due to elements, acts of God, acts of the Customer, acts of civil or military authorities, fines, floods, epidemics, quarantine restrictions, war, riot, strikes, accidents to machinery, delays in transportation, or any other causes beyond the control of Seller, whether or not similar to the foregoing. In any such event, the scheduled delivery dates shall be deemed extended for a period equal to such delay.
4. INSPECTION AND REJECTION OF NONCONFORMING GOODS: (a) Customer shall inspect the goods received from Seller within five (5) days of receipt (“Inspection Period”) for all visible and inspectable defects (e.g., dents, scratches, paint issues, etc.). Customer will be deemed to have accepted such goods unless it notifies Seller in writing of any Nonconforming Goods during the Inspection Period and furnishes sufficient evidence of such defects to Seller. “Nonconforming Goods” means only the following: (i) good shipped is different than identified in Customer’s purchase order; or (ii) good’s label or packaging incorrectly identifies its contents. (b)  If Customer timely notifies Seller of any Nonconforming Goods, Seller shall, in its sole discretion, (i) replace such Nonconforming Goods with conforming Goods, or (ii) credit or refund the price for such Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Customer in connection therewith. Customer shall ship, at its expense and risk of loss, the Nonconforming Goods to the facility specified by Seller. If Seller exercises its option to replace Nonconforming Goods, Seller shall, after receiving Customer’s shipment of Nonconforming Goods, ship to Customer, at Customer’s expense and risk of loss, the replaced goods. (c)  Customer agrees and acknowledges that any legal action against the Seller related to these Terms, any invoice from Seller, and/or any Nonconforming Goods shall be commenced within nine (9) months from the date such claim or issue arose.  (d)  Customer acknowledges and agrees that the remedies set forth in Section 4(b) are Customer’s exclusive remedies for the delivery of Nonconforming Goods. Except as provided under Section 4(b), all sales of goods to Customer are made on a one-way basis and Customer has no right to return goods purchased under these Terms to Seller.
5. TITLE AND RISK OF LOSS:All prices are FOB Seller’s plant, unless otherwise specified on the face of this document. Title to, and risk of, loss of each good to be delivered by Seller to Customer shall pass from Seller to Customer upon delivery thereof by Seller to the carrier or delivery service, regardless of which party pays the freight.
6. INTELLECTUAL PROPERTY: (a) All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights in and to all documents, work product and other materials that are delivered to Customer under, or in connection with, any invoice or prepared by or on behalf of the Seller, including any items identified as such in the RFP, shall be owned exclusively by Seller.  (b) Customer agrees, at its expense, to indemnify, defend, and hold harmless Seller, its subsidiaries, affiliates, successors, or assigns and their respective directors, officers, shareholders, and employees and Seller’s customers and users, against any and all liability, loss and expense  (including attorney’s fees), by reason of any claim, action or litigation arising out of or related to any breach of this section of the Terms.
7. CONFIDENTIAL INFORMATION: (a) All non-public, confidential, or proprietary information of Seller, including, but not limited to, trade secrets, technology, information pertaining to business operations and strategies, and information pertaining to customers, pricing, and marketing (collectively, “Confidential Information”), disclosed by Seller to Customer, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential,” in connection with the provision of any goods and/or services to Customer is confidential, and shall not be disclosed or copied by Customer without the prior written consent of Seller. Confidential Information does not include information that is: (i)   in the public domain; (ii)  known to Customer at the time of disclosure without obligation of confidentiality to Seller; or (iii) rightfully obtained by Customer on a non-confidential basis from a third party. (b)  Confidential Information furnished to Customer by Seller pursuant to these Terms shall in no event become the property of Customer.  Seller’s provision of Confidential Information shall not be construed as granting any rights whatsoever, express or implied, under any intellectual property of Seller.  (c)  Seller shall be entitled to injunctive relief for any violation of this Section.
8. INDEMNIFICATION: Customer shall indemnify, defend, and hold harmless Seller, its subsidiaries, affiliates, successors or assigns and their respective directors, officers, shareholders, and employees, and Seller’s customers (collectively, the “Indemnitees”), against any and all liability, loss, injury, death, deficiency, claims, actions, suits, judgments, settlements, costs, penalties, fines, and expenses (including reasonable attorneys’ and professional fees and costs), the cost of enforcing any right to indemnification hereunder, and the cost of pursuing any insurance providers, arising out of or related to Customer’s negligence, willful misconduct, or breach of these Terms.
9. TERMINATION: (a) Seller may terminate any invoice with immediate effect upon written notice to Customer, if Customer:  (i) has not performed or complied with any of these Terms, in whole or in part; (ii) becomes insolvent, files a voluntary petition in bankruptcy, has an involuntary petition in bankruptcy filed against it, appoints or has appointed for it a receiver or trustee, or makes an assignment for the benefit of creditors, provided such petition, appointment or assignment is not vacated or nullified within fifteen (15) days of such event; (iii) ceases to conduct its operation in the ordinary course of business (including its inability to meet its obligations as they mature);  or (iv) breaches any other contract between the parties or such contract is terminated.  (b) Customer shall indemnify Seller from all liability, claims, demands, actions, losses, suits, damages, judgments, attorney fees, costs, charges, expenses, and consequences of any liability, of any nature incurred by Seller with the foregoing.
10. LIMITATION OF LIABILITY: (a)  IN NO EVENT SHALL SELLER BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. (b)  IN NO EVENT SHALL SELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO SELLER FOR THE GOODS SOLD HEREUNDER. (c)  The limitation of liability set forth in Section 10(b) above shall not apply to liability resulting from Seller’s gross negligence or willful misconduct.
11. WAIVER: No waiver by Seller of any provision of these Terms shall be effective unless explicitly set forth in writing and signed by Seller.  A failure by Seller to exercise  any right under these Terms shall not affect any rights subsequently arising under the same or similar clauses hereof, nor shall it operate as a waiver of the clause or condition under which such rights arise.
12. FORCE MAJEURE: Seller shall not be liable for a failure to perform hereunder arising from causes or events beyond the reasonable control and without Seller’s fault or negligence and which by their nature could not have been reasonably foreseen by Seller or, if they could have been foreseen, were unavoidable, including but not limited to, labor disputes of any kind, fires or accidents.
13. NON-ASSIGNMENT: No assignment of these Terms, an invoice, or any interest therein or any payment due or to become due thereunder shall be made by Customer without first obtaining the written consent of the Seller, which it may withhold in its sole discretion.  Any purported assignment or delegation in violation of this section shall be null and void.  No assignment or delegation shall relieve Customer of any of its obligations hereunder.  Seller may, at any time, assign, transfer, or subcontract any or all of its rights or obligations under these Terms without Customer’s prior written consent.
14. COMPLIANCE WITH LAW: Customer shall comply with all applicable laws, regulations and ordinances. Customer shall maintain in effect all the licenses, permissions, authorizations, consents and permits that it needs to carry out its obligations under these Terms.  Customer shall comply with all export and import laws of all countries involved in the sale of goods under these Terms or any resale of goods by Customer. Customer assumes all responsibility for shipments of goods requiring any government import clearance. Seller may terminate these Terms if any governmental authority imposes antidumping or countervailing duties or any other penalties on goods
15. RELATIONSHIP OF THE PARTIES: The relationship between the parties is that of independent contractors.  Nothing herein shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.  No relationship of exclusivity shall be construed from these Terms or any related invoice or purchase order.
16. NO THIRD-PARTY BENEFICIARIES: These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.
17. CHOICE OF LAW: All matters arising out of or relating to these Terms, and any related invoice, shall be governed by and construed and enforced in accordance with, the laws of the State of Indiana, without giving effect to any conflict of laws rules, and each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in Marion County in the State of Indiana for the purposes of any legal, equitable, or other action or proceeding arising out of or relating to these Terms.  Each party hereby waives any objection based on forum non conveniens and waives any objection to venue of any action instituted hereunder.  If Seller brings any legal action or other proceeding in connection with these Terms or any related invoice, Seller shall be entitled to recover its reasonable attorneys’ fees, accounting fees, and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled.  FOR PURPOSES OF ANY SUCH COURT PROCEEDINGS, EACH PARTY AGREES, AFTER CONSULTATION WITH ITS COUNSEL, THAT ANY SUCH DISPUTE SHALL BE TRIED BEFORE A JUDGE, AND NOT A JURY, AND EACH PARTY HEREBY WAIVES ANY RIGHT TO A TRIAL BEFORE A JURY.
18. CUMULATIVE REMEDIES: Except as otherwise stated, the remedies herein reserved shall be cumulative and additional to any other or further remedies provided in law or equity.
19. NOTICES: All notices, requests, consents, claims, demands, waivers and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the parties at the addresses set forth on the face of the related invoices or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in these Terms, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this section.
20. SEVERABILITY: If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
21. SURVIVAL: Provisions of these Terms which by their nature should apply beyond their terms will remain in force after any termination or expiration of these Terms or any related invoice(s).
22. AMENDMENT AND MODIFICATION: These Terms may only be amended or modified in a writing that specifically states that it amends these Terms and is signed by an authorized representative of each party.

These Terms of Purchase (the “Terms”) shall apply to all purchases made by Applied Ballistics, LLC, an Indiana limited liability company, Applied Ballistics Holdings, Inc., an Indiana corporation, Applied Ballistics Inc., an Indiana corporation, nVision Technology Inc., an Indiana corporation, Applied Ballistics Training Division Inc., an Indiana corporation, or nVisti, LLC, an Indiana limited liability company (hereinafter each individually shall be referred to as “Purchaser”).  Purchaser hereby gives notice of its objection to any different or additional terms on the Vendor’s invoice or any attachment thereto which the Vendor may issue, or any prior general agreement, which add to, vary from, or conflict with the Terms herein, including, but not limited to, the Purchaser’s liability to Vendor for consequential damages. Any such proposed terms shall be void and the Terms herein shall constitute the complete and exclusive statement of the terms and conditions of the contract between Purchaser and Vendor and may hereafter be modified only by written instrument duly signed by an authorized representative of Vendor and an authorized representative of the Purchaser.  “Vendor” shall mean that certain party selling or otherwise transferring goods to Purchaser as identified in a corresponding purchase order, whether oral and written, from Purchaser and related invoice from Vendor.  Any reference to “goods” herein shall mean all products, parts, items, inventory, or other property, including, but not limited to, books, apparel, merchandise, ammunition, training materials, and software, sold by Vendor to Purchaser.

In certain circumstances, Purchaser and Vendor may enter into separate written contracts, executed and signed by authorized representatives of both parties, that have terms that may or may not be different from the Terms herein. In such contracts, the contract terms that conflict with the terms herein will be controlling.  Otherwise, the Terms herein shall control.

1. APPLICABILITY: Vendor’s acknowledgement and acceptance of Purchaser’s order is conditioned on Vendor’s acceptance of these Terms, which Terms shall be deemed to have been accepted by Vendor unless Vendor shall have given Purchaser written notice of rejection within ten (10) days after issuance of Purchaser’s purchase order, whether oral or written, to Vendor or the day before the delivery date specified in Purchaser’s purchase order, whichever shall first occur.  Subject to the preceding paragraph and a written contract executed and signed by authorized representatives of both Seller and Customer, these Terms, together with any document attached to or incorporated by reference herein by Purchaser, constitute the entire agreement between the parties and supersedes all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral, with respect to the subject matter of the Purchaser’s purchase order. In the event of any conflict between these Terms and the Purchaser’s purchase order or Vendor’s corresponding invoice, these Terms shall govern.  Subject to the preceding paragraph and a written contract executed and signed by authorized representatives of both Seller and Customer, these Terms prevail over any terms or conditions contained in any other documentation and expressly exclude any of Vendor’s general terms and conditions.
2. PAYMENT TERMS: Vendor shall issue invoices to Purchaser that correspond to Purchaser’s purchase orders, and Purchaser shall pay such invoiced amounts to Vendor within sixty  (60) days from the later of:  (i) the date of such invoice; or (ii) the date Purchaser receives the goods and/or services related to such invoice.  Purchaser hereby reserves and preserves any and all rights of setoff it may have against Vendor, whether related to the goods and/or services provided by Vendor or otherwise.  Unless otherwise specified, the prices quoted in any purchase order or invoice include taxes.  Vendor and Purchaser will jointly pursue cost reduction opportunities for the duration of their relationship and will reflect the achievement of such opportunities in price reductions to Purchaser.
3. DELIVERY: Time is of the essence with respect to all purchase orders issued by Purchaser.  Scheduled shipping dates are exact.  Purchaser reserves the right at any time to make changes or modifications to specifications and purchase orders as to any goods ordered from Vendor. The parties will agree upon and equitably adjust any difference in price or time for performance resulting from such changes and modify the related purchase order and/or invoice in writing accordingly.  Shipments of goods from Vendor must equal the exact quantity ordered by Purchaser and must meet the requested delivery date, unless otherwise agreed to in writing. In the event of an over-shipment, Purchaser, at its sole option, may return the over-shipment to Vendor at Vendor’s expense, including Purchaser’s administration fee for handling the over-shipment.
4. INSPECTION AND REJECTION OF NONCONFORMING GOODS: (a) Purchaser shall inspect the goods received from Vendor for all visible and inspectable defects (e.g., dents, scratches, paint issues, etc.). “Nonconforming Goods” includes the following: (i) good shipped is different than identified in Purchaser’s purchase order; (ii) good’s label or packaging incorrectly identifies its contents; and (iii) goods that are not timely received by Purchaser. (b)  If Purchaser timely notifies Vendor of any Nonconforming Goods, Vendor shall (i) promptly replace such Nonconforming Goods with conforming Goods, or (ii) credit or refund the price for such Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Purchaser in connection therewith. Vendor shall be liable to Purchaser for all damages, including, but not limited to, special and consequential damages, incurred by Purchaser and resulting from Vendor’s shipment of Nonconforming Goods.  If Vendor wants any Nonconforming Goods returned to it, Vendor shall pay Purchaser for all costs to ship such Nonconforming Goods, at its expense and risk of loss. (c)  Vendor agrees and acknowledges that any legal action against the Purchaser related to these Terms, any invoice from Vendor, or any shipment of goods to Purchaser shall be commenced within nine (9) months from the date such claim or issue arose.  Any claim not commenced in this time period will be deemed waived by Vendor.
5. TITLE AND RISK OF LOSS:All prices are FOB Purchaser’s plant, unless otherwise specified on the face of this document. Title to, and risk of, loss of each good to be delivered by Vendor to Purchaser shall pass from Vendor to Purchaser upon receipt thereof by Purchaser, regardless of which party pays the freight.
6. INTELLECTUAL PROPERTY: Vendor is responsible for ensuring that all goods it provides to Purchaser, or their use, does not infringe the intellectual property rights of any third party. Vendor agrees to defend, at its expense, any claim or suit against Purchaser or Purchaser’s customers, or any of their officers, directors, employees, agents, and affiliates based on an assertion or claim that the goods furnished by Vendor to Purchaser hereunder or the sale or the use by Purchaser or its customers infringes any patent or copyright or other intellectual property right or is a wrongful use of a third party trade secret or proprietary information, and further agrees to indemnify and hold Purchaser, or its officers, directors, employees, agents, and affiliates harmless from any losses, including attorneys’ fees, settlements associated with said claim, or any damages, including attorneys’ fees or costs, finally awarded in any such claim. If the use or sale of any goods furnished by Vendor to Purchaser is enjoined as a result of such suit, Vendor, at its option and at no expense to Purchaser, shall obtain for Purchaser and its customers the right to use and sell such goods or shall substitute an equivalent good acceptable to Purchaser and extend this indemnity thereto. Vendor shall, at Purchaser’s request, assist Purchaser in disputes in which Purchaser could become involved by reason of such infringement and, if required by Purchaser, assume the defense of any dispute..
7. CONFIDENTIAL INFORMATION: (a) All non-public, confidential, or proprietary information of Purchaser, including, but not limited to, trade secrets, technology, information pertaining to business operations and strategies, and information pertaining to Vendors, pricing, and marketing (collectively, “Confidential Information”), disclosed by Purchaser to Vendor, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential,” in connection with the provision of any goods and/or services to Vendor is confidential, and shall not be disclosed or copied by Vendor without the prior written consent of Purchaser. Confidential Information does not include information that is: (i)   in the public domain; (ii)  known to Vendor at the time of disclosure without obligation of confidentiality to Purchaser; or (iii) rightfully obtained by Vendor on a non-confidential basis from a third party. (b)  Confidential Information furnished to Vendor by Purchaser pursuant to these Terms shall in no event become the property of Vendor.  Purchaser’s provision of Confidential Information shall not be construed as granting any rights whatsoever, express or implied, under any intellectual property of Purchaser.  (c)  Purchaser shall be entitled to injunctive relief for any violation of this Section.
8. INDEMNIFICATION: Vendor shall indemnify, defend, and hold harmless Purchaser, its subsidiaries, affiliates, successors or assigns and their respective directors, officers, shareholders, and employees, and Purchaser’s vendors (collectively, the “Indemnitees”), against any and all liability, loss, injury, death, deficiency, claims, actions, suits, judgments, settlements, costs, penalties, fines, and expenses (including reasonable attorneys’ and professional fees and costs), the cost of enforcing any right to indemnification hereunder, and the cost of pursuing any insurance providers, arising out of or related to:  (i) Vendor’s negligence, willful misconduct, or breach of these Terms; and (ii) any actual or alleged death of, or injury to, any person and/or damage to any property, by whosoever suffered, resulting or claimed to result, in whole or in  part, from any actual or alleged defect in the supplied goods from Vendor, including actual or alleged improper design, manufacture, or assembly of such goods, or arising out of any actual or alleged violation by Vendor with regard to such goods, or their manufacture, possession, use or sale, of any law,  statute, or ordinance, or any governmental administrative order, rule, or regulation.
9. TERMINATION: (a) Purchaser may terminate any purchase order or invoice with immediate effect upon written notice to Vendor, if Vendor:  (i) has not performed or complied with any of these Terms, in whole or in part; (ii) becomes insolvent, files a voluntary petition in bankruptcy, has an involuntary petition in bankruptcy filed against it, appoints or has appointed for it a receiver or trustee, or makes an assignment for the benefit of creditors, provided such petition, appointment or assignment is not vacated or nullified within fifteen (15) days of such event; (iii) ceases to conduct its operation in the ordinary course of business (including its inability to meet its obligations as they mature); or (iv) breaches any other contract between the parties or such contract is terminated.  (b) Vendor shall indemnify Purchaser from all liability, claims, demands, actions, losses, suits, damages, judgments, attorney fees, costs, charges, expenses, and consequences of any liability, of any nature incurred by Purchaser with the foregoing.  (c) In case of any dispute regarding these Terms or any related invoice or purchase order, including, but not limited to, a dispute over pricing or a pricing discrepancy, Vendor agrees to continue to ship goods to Purchaser for a reasonable length of time, but no less than 180 days, following written notice of a dispute, to give Vendor and Purchaser the opportunity to resolve the dispute.
10. LIMITATION OF LIABILITY: (a)  IN NO EVENT SHALL PURCHASER BE LIABLE TO VENDOR OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT PURCHASER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. (b)  IN NO EVENT SHALL PURCHASER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS SET FORTH ON ANY RELATED PURCHASE ORDER(S) ISSUED BY PURCHASER TO VENDOR FOR CERTAIN GOODS. (c)  The limitation of liability set forth in Section 10(b) above shall not apply to liability resulting from Purchaser’s gross negligence or willful misconduct.
11. ASSURANCE OF PERFORMANCE: If Purchaser reasonably deems itself insecure with respect to Vendor’s ongoing performance, whether due to Vendor’s financial capacity or otherwise, Purchaser may demand that Vendor provide assurance of future performance to Purchaser within five (5) days of the demand. This assurance may be in any security acceptable to Purchaser, including but not limited to, collateral consisting of cash, letter(s) of credit, surety bond, parent guaranty, or lender releases. This security shall be in an amount satisfactory to Purchaser and shall also be sufficient to offset costs and expenses incurred or reasonably expected to be incurred by Purchaser in securing for itself completion of the project or other performance due from Vendor. Purchaser reserves its right to any other remedies allowed in law or equity. Failure to provide the requested performance assurance within the stated period shall constitute a default of these Terms, and Purchaser shall be free to procure any goods from an alternate source and/or terminate its relationship with Vendor in its discretion immediately upon expiration of the time specified for delivery of the requested performance assurance.
12. WAIVER: No waiver by Purchaser of any provision of these Terms shall be effective unless explicitly set forth in writing and signed by Purchaser.  A failure by Purchaser to exercise  any right under these Terms shall not affect any rights subsequently arising under the same or similar clauses hereof, nor shall it operate as a waiver of the clause or condition under which such rights arise.
13. FORCE MAJEURE: Purchaser shall not be liable for a failure to perform hereunder arising from causes or events beyond the reasonable control and without Purchaser’s fault or negligence and which by their nature could not have been reasonably foreseen by Purchaser or, if they could have been foreseen, were unavoidable, including but not limited to, labor disputes of any kind, fires or accidents.
14. NON-ASSIGNMENT: No assignment of these Terms, an invoice, or any interest therein or any payment due or to become due thereunder shall be made by Vendor without first obtaining the written consent of the Purchaser, which it may withhold in its sole discretion.  Any purported assignment or delegation in violation of this section shall be null and void.  No assignment or delegation shall relieve Vendor of any of its obligations hereunder.  Purchaser may, at any time, assign, transfer, or subcontract any or all of its rights or obligations under these Terms without Vendor’s prior written consent.
15. COMPLIANCE WITH LAW: Vendor shall comply with all applicable laws, regulations and ordinances. Vendor shall maintain in effect all the licenses, permissions, authorizations, consents and permits that it needs to carry out its obligations under these Terms.  Vendor shall comply with all export and import laws of all countries involved in the sale of goods under these Terms or any resale of goods by Vendor. Vendor assumes all responsibility for shipments of goods requiring any government import clearance. Purchaser may terminate these Terms if any governmental authority imposes antidumping or countervailing duties or any other penalties on goods
16. RELATIONSHIP OF THE PARTIES: The relationship between the parties is that of independent contractors.  Nothing herein shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.  No relationship of exclusivity shall be construed from these Terms or any related invoice or purchase order.
17. NO THIRD-PARTY BENEFICIARIES: These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.
18. CHOICE OF LAW: All matters arising out of or relating to these Terms, and any related invoice, shall be governed by and construed and enforced in accordance with, the laws of the State of Indiana, without giving effect to any conflict of laws rules, and each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in Marion County in the State of Indiana for the purposes of any legal, equitable, or other action or proceeding arising out of or relating to these Terms.  Each party hereby waives any objection based on forum non conveniens and waives any objection to venue of any action instituted hereunder.  If Purchaser brings any legal action or other proceeding in connection with these Terms or any related invoice, Purchaser shall be entitled to recover its reasonable attorneys’ fees, accounting fees, and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled.  FOR PURPOSES OF ANY SUCH COURT PROCEEDINGS, EACH PARTY AGREES, AFTER CONSULTATION WITH ITS COUNSEL, THAT ANY SUCH DISPUTE SHALL BE TRIED BEFORE A JUDGE, AND NOT A JURY, AND EACH PARTY HEREBY WAIVES ANY RIGHT TO A TRIAL BEFORE A JURY.
19. CUMULATIVE REMEDIES: Except as otherwise stated, the remedies herein reserved shall be cumulative and additional to any other or further remedies provided in law or equity.
20. NOTICES: All notices, requests, consents, claims, demands, waivers and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the parties at the addresses set forth on the face of the related invoices or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in these Terms, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this section.
21. SEVERABILITY: If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
22. SURVIVAL: Provisions of these Terms which by their nature should apply beyond their terms will remain in force after any termination or expiration of these Terms or any related invoice(s).
23. AMENDMENT AND MODIFICATION: These Terms may only be amended or modified in a writing that specifically states that it amends these Terms and is signed by an authorized representative of each party.

Applied Ballistics Training Division reserves the right to removes an attendee from a course due to abuse or harassment of other participants and staff, safety or range violations with or without a weapon, or any indication of being under the influence of alcohol or other substance.

In circumstances were any of the above occurs, a participant will not be provided a refund or any opportunity to attend a future course. Local law enforcement will be involved as the situation necessitates.

It is the legal responsibility of the individual to ensure all federal and state laws regarding storage, transportation, security, carriage, ammunition and firearms are adhered to whilst attending Applied Ballistics Training Courses. This also includes all laws pertaining to open and concealed carry.

A participant may open or concealed carry a sidearm, provided said sidearm holster uses active retention and is of quality construction. This may be determined by the regulations of the host range and or the assessment of ABTD staff. The participant assumes all legal liability and responsibility surrounding the carriage and storage of a sidearm, including federal and state laws regarding such action.

Training may be subject to cancellation if the minimum attendance is not reached 3 weeks prior to the event start date. Notifications and full refunds will then be issued to prospective attendees.

Attendees wishing to cancel will be issued with a refund up to one month before the event start date, minus the value of any products already received. After such time, any deposit of funds plus the value of any materials already received will be retained due to late cancellation.

Applied Ballistics Training Division is not responsible for the cancellation of events due to unforeseen natural disasters or adverse weather conditions. In this instance, a full refund minus the value of any products already received will be issued at the discretion of ABTD.

The Applied Ballistics Training Division ammunition policy provides clear guidelines and direction for shooters attending a course with factory or hand-loaded ammunition.

• Ammunition must be of match grade with an ability to consistently group 1 MOA or less.
• Ammunition of an armor piecing, tungsten core, steel core, explosive, barrier blind or similar nature is not to be used in any capacity, due to the target damaging effects.
• All ammunition should be of the same components and bullet type or factory.
• The .30 caliber 168 grain Sierra Match King is dynamically unstable at distances beyond 600 – 700 yards, due to bullet design and construction.
• Applied Ballistics Training Division will not provide a refund, nor be held responsible in the event ammunition is unsafe or unable to perform to the expected course consistency standards.

Hand Loaded Ammunition

Shooters may prefer to utilize hand loaded ammunition. Using hand loaded ammunition will allow the shooter to maximize the potential precision of an LR weapon platform. Shooters accept full responsibility for the performance and safety of hand loaded ammunition.

Some ammunition loaded to tighter tolerances may have ejection or chambering issues due to the factors associated with field firing environments and adverse conditions. These factors may result in a failure to eject / stuck cases.

Ammunition which has been loaded to seat the bullet against the lands and requires firing to eject the round will be deemed unsafe. This ammunition will not be permitted for course use.

Match Ammunition

Match ammunition provides greater consistency and tighter precision tolerances than standard factory and hunting ammunition. For this reason, match grade ammunition is required for any Applied Ballistics Training Division LR course.

Using non-match grade ammunition will result in decreased precision and consistency at range, effecting the shooter’s ability to accurately and precisely engage targets.

Powder Testing

During certain courses, shooters may have the opportunity to test powder temperature sensitivity and collect muzzle velocity measurement data at temperature extremes.

Involvement and participation of muzzle velocity testing is at the sole discretion of the individual. The following provides some general guidelines for individuals participating in an ABTD course involving powder temperature sensitivity testing:

• Ammunition that has been hand loaded to achieve maximum muzzle velocities in standard temperature ranges may be unsafe for testing at the extreme temperature range.
• Due to safety concerns, it’s advisable to note the temperature and muzzle velocity information for hand loaded ammunition before course commencement.

Applied Ballistics Training Division does not accept responsibility for faulty / malfunctioning ammunition, or therein-adverse effects of ammunition being fired at temperature extremes. The attendee is solely responsible for the performance and safety of temperature sensitivity tested ammunition, regardless of hand loading or factory assembly.

Products that are NOT eligible to be returned at any time include, but is not limited to: opened consumable items, clothing that has been worn/ washed or any product not in its undamaged original packaging. ABTD reserves the right to refuse any return or exchange. If you have questions concerning this policy, please contact us at orders@ab.us.com.

Original sales receipt must accompany all returns.

We accept returns for exchange or refund 7 calendar days after delivery of the product.
At our sole discretion after 7 calendar days, we will offer an exchange or store credit only. Items must be in “new, unaltered and unused condition”. Definition of “new, unaltered and unused condition” is:

• without showing signs of wear or damage in any way
• must not be a special or custom order
• must not fall into our NON-REFUND / RETURN Policy list

If an item is received damaged or is incorrectly shipped by us, please contact customer service immediately at orders@ab.us.com

Refunds are contingent upon inspection of item(s) once received by ABTD. Customer will be liable to a 15% restocking fee on any item not being exchanged.
Return shipping is the customers responsibility on any item returned that is not damaged/incorrectly shipped.

Standard webstore orders typically ship within 48 hours of ordering. Custom order items will ship upon completion.

• Applied Ballistics Training Division primarily ships via UPS or USPS.
• Custom orders will be quoted based on UPS negotiated rates.
• Website store sales will show shipping options before finalization of your order.

You will receive an email confirmation and a tracking number when the item ships.

We ship items internationally, for questions on which items please contact us at orders@ab.us.com

Applied Ballistics Training Division reserves the right to change any shipping policy’s / rates at any time.

Applicability

These terms and conditions of sale (“Terms”) are the only terms which govern the sale of products and/or services (“Product”) by Applied Ballistics Training Division (“Seller”) to you (“Buyer”) as the purchaser of Product sold in the United States. These Terms apply to direct purchases made from Seller by phone, internet via our Applied Ballistics Training Division webstore. By placing your order for Product, you accept and are bound to the Terms. If you have placed an order but do not wish to be subject to these Terms, you must promptly cancel your order before it enters production and becomes noncancelable or return your purchase in accordance with Seller’s Return Policy (below).

Payment Terms

Terms of payment are within Seller’s sole discretion and unless otherwise agreed to by Seller, payment must be received by Seller prior to Seller’s acceptance of an order. Payment for the products will be made exclusively by credit card, wire transfer or some other prearranged payment method unless credit terms have been agreed to by Seller. Custom orders and custom services require a 50% non-refundable up-front deposit before work can begin. Invoices are due and payable within the time noted on Buyer’s invoice, measured from the date of the invoice. Seller may invoice parts of an order separately. Buyer’s order is subject to cancellation by Seller, in Seller ‘s sole discretion. Seller is not responsible for pricing, typographical or other errors in any offer by Seller and reserves the right to cancel any orders arising from such errors. Invoices must be paid within 30 days of the invoice date.

Shipping Terms

Shipping, handling and tax are additional and the responsibility of the Buyer unless otherwise expressly indicated at the time of sale. Title to products passes from Seller to Buyer upon shipment to Buyer. Loss or damage that occurs during shipping by a carrier selected by Seller is Seller’s responsibility. Loss or damage that occurs during shipping by a carrier selected by Buyer is Buyer’s responsibility. You must notify Seller within 30 days of purchase or shipment of Product if you believe any part of your purchase is missing, wrong or damaged. Shipping and delivery dates are estimates only.

Telephone Communications

Telephone communications with Seller may be monitored and/or recorded. Buyer expressly consents to being monitored or recorded. By providing us with a mobile phone number as your contact number, you expressly authorize us to contact you regarding your account for non-telemarketing communications, via text message or telephone, including the use of prerecorded or auto-dialed calls, using that number.

Changed or Discontinued Product

Seller may revise and discontinue Product at any time without notice to Buyer. In the event Seller has discontinued Product ordered by Buyer, Seller will notify Buyer and offer a comparable Product, if one is available.

Limitation of Liability

SELLER DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SELLER WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, SELLER IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. SOME JURISDICTIONS MAY NOT ENFORCE ALL OF THESE LIMITATIONS, AND ONLY THE LIMITATIONS THAT ARE LAWFULLY APPLIED TO YOU IN YOUR JURISDICTION WILL APPLY.

Compliance with the Law

Buyer acknowledges that they are of legal age to purchase Product and know of no restrictions that would prevent Buyer from purchasing Product.

Not for Resale or Export

Buyer agrees to comply with all applicable laws and regulations of the various states and of the United States. Buyer agrees and represents they are buying for their own internal use only, and not for resale or export. Product, which may include technology and software, is subject to U.S. export laws as well as the laws of the country where it is delivered or used. Product may not be sold, leased or transferred to restricted countries, restricted end users or for restricted end uses.

Submission to Jurisdiction

Any legal suit, action or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of New Hampshire in each case, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.

Welcome to the website of Applied Ballistics Training Division. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of any Applied Ballistics Training Division Website, including any content, functionality and services offered on or through the Website, whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page when you access this Website, so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to using any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Applied Ballistics Training Division, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download product catalogs, avatars, posters, screen savers, wallpapers, web stickers or other materials provided by Applied Ballistics Training Division for your own personal, non-commercial use.
• Where Applied Ballistics Training Division provides social media linking with certain content, you make take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from this site, including but not limited to using any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text or deleting or altering any copyright, trademark or other proprietary rights notices from copies of materials from this site. If you print, copy, modify, download, or otherwise use or provide any other person access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights nor expressly granted are reserved by Applied Ballistics Training Division. Any use of the Website not expressly permitted by these Terms of Use is a breach of the Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

Applied Ballistics Training Division, its logos, and all related names, logos, product and service names, designs, and slogans are trademarks of Applied Ballistics Training Division or its affiliates or licensors.

You must not use such marks without the prior written permission of Applied Ballistics Training Division. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

• For exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate APPLIED BALLISTICS TRAINING DIVISION, a APPLIED BALLISTICS TRAINING DIVISION employee, another user or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm APPLIED BALLISTICS TRAINING DIVISION or users of the Website or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, product review boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates, service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Contributions will comply with these Terms of Use. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Applied Ballistics Training Division, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement: Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for Applied Ballistics Training Division.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD Applied Ballistics Training Division AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Intellectual Property Infringement

If you believe that any content of this website violates your intellectual property, please contact Applied Ballistics Training Division at accounting@ab.us.com. It is the policy of Applied Ballistics Training Division to respect the intellectual property rights of others.

Content Standards

These content standards apply to all User Contributions and use of the Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise might be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please notify marketing@ab.us.com. It is the policy of Applied Ballistics Training Division to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Applied Ballistics Training Division, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Applied Ballistics Training Division. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website. We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of goods or services formed through the Website or as a result of visits made by you are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use. All pricing is subject to change without notice. Typographic, photographic and descriptive errors are subject to correction. We reserve the right to limit product quantities. NOT ALL PRODUCTS ARE AVAILABLE IN ALL AREAS. ATTACHING CERTAIN ACCESSORIES TO YOUR FIREARM MAY RENDER IT PROHIBITED IN CERTAIN STATES OR LOCALES. IT IS YOUR RESPONSIBILITY TO VERIFY YOUR STATE AND LOCAL LAWS PRIOR TO INSTALLING ACCESSORIES ON YOUR FIREARM.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Website.
• Send e-mails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us and solely with respect to the content they are displayed with.

Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Link to any part of the Website other than the homepage.
• The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these terms of use.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

The Website contains links to other sites and resources provided by third parties, which are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the state of Michigan in the United States. This Website is intended to be used by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER APPLIED BALLISTICS TRAINING DIVISION NOR ANY PERSON ASSOCIATED WITH APPLIED BALLISTICS TRAINING DIVISION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER APPLIED BALLISTICS TRAINING DIVISION NOR ANYONE ASSOCIATED WITH APPLIED BALLISTICS TRAINING DIVISION REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

APPLIED BALLISTICS TRAINING DIVISION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL APPLIED BALLISTICS TRAINING DIVISION, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless Applied Ballistics Training Division, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New Hampshire without giving effect to any choice or conflict of law provision or rule (whether of the State of New Hampshire or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the United States District Court for the District of New Hampshire or the courts of the State of Michigan. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by Applied Ballistics Training Division of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Applied Ballistics Training Division to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, as well as all other incorporated documents, constitute the sole and entire agreement between you and Applied Ballistics Training Division with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.