TERMS OF SERVICE
Arrowhead Tactical Apparel LLC (“We”, “Arrowhead Tactical Apparel”, or “Arrowhead”) is the operator of the website located at www.arrowheadtacticalapparel.com (the “Website”) and any domains which redirect to www.arrowheadtacticalapparel.com. This Agreement governs your use of the Website and your purchase of any products from Arrowhead Tactical Apparel (the “Products”).
The Website and Products are offered subject to your acceptance of these Terms and Conditions (“Terms” or “Agreement”). These Terms constitute a legally binding agreement between you and Arrowhead Tactical Apparel, and you should read them carefully. By agreeing to these Terms, you also agree to the Arrowhead Tactical Apparel Privacy Policy, Online Return Policy, and Shipping Policy, each of which is expressly incorporated by reference herein.
ARBITRATION
This is important, so we are mentioning it here at the top of the Terms:
These Terms contain an “Arbitration Agreement” where you waive your right to a jury trial and to bring a class action.
How are disputes resolved?
Any dispute relating in any way to your visit to, or use of, the Website, the Products, or any purchase or otherwise related to this Agreement (“Disputes”) shall be submitted to confidential arbitration in Nashville, Tennessee, USA and shall be governed exclusively by the laws of the State of Tennessee, excluding its conflict of law provisions. If a Dispute arises under this Agreement, you agree to contact us at info@Arrowheadtacticalapparel.com (email). Before formally submitting a Dispute to arbitration, you and Arrowhead Tactical Apparel may choose to informally resolve the Dispute.
What is arbitration?
Legal disputes are usually resolved in a court of law in front of a judge and, sometimes, a jury. Court cases are a matter of public record. Arbitration is a less formal and more private way of resolving disputes. Instead of going to court, the parties give their arguments and evidence to an arbitrator, and the arbitrator decides who “wins” the case by applying the law in the same way that a judge would. In fact, many arbitrators are retired judges or lawyers. Instead of a courtroom, arbitrations are generally held in a private office, such as a conference room, or by videoconference.
What is our Arbitration Agreement?
Under these Terms, ANY DISPUTE OR CLAIM BETWEEN YOU AND US RELATING TO YOUR USE OF THE WEBSITE OR PRODUCTS, THESE TERMS, THE PRIVACY POLICY, OR ANY OF THE OTHER TERMS AND POLICIES LISTED IN THESE TERMS MUST BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION. This means that we all agree that we will only resolve our legal disputes through arbitration and not in a court of law. Without this Arbitration Agreement, you would have the right to sue in court with a jury trial.
How will the arbitration work?
The arbitration must be filed and conducted through JAMS (www.jamsadr.org), which is a provider of arbitration services in the United States and internationally. JAMS’ Streamlined Rules will apply to the arbitration. All claims, remedies, and defenses that either you or we have under applicable law (whether federal, state, or local) will remain available to us in the arbitration. Each of us will participate in choosing a neutral arbitrator using the process in the Streamlined Rules. Unless you waive this requirement, the final arbitration hearing (which is like a trial) will take place in person at the JAMS facility closest to your home. The arbitrator’s award will consist of a written statement explaining the arbitrator’s decision on each claim. The award will also include a concise written statement of the findings of fact and conclusions of law on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
What law will the arbitrator follow?
The laws of the State of Tennessee govern these Terms. The arbitrator will apply State of Tennessee law to the claims in the arbitration.
Who pays for the arbitration?
In most cases, the only fee you will have to pay to JAMS is $250; we will pay all other arbitration costs. However, if the arbitrator decides that you filed your claim in bad faith and without any legal basis, the arbitrator can require you to pay more (or even all) of the JAMS fees for the arbitration.
The JAMS fees do not include attorneys’ fees. Regardless of who wins the claim, you will be responsible for paying your attorneys’ fees and we will be responsible for paying ours. The only exception is if the claim is brought under a law that specifically allows a party to recover its attorneys’ fees. If this applies, the arbitrator may award attorneys’ fees as they see fit under such law.
Are there any instances where a court will get involved?
Yes. There are things an arbitrator cannot do, like order a party to act or stop doing something—this is known as “equitable relief.” Either one of us can go to court and seek equitable relief, including by filing a motion to compel the other party to honor the arbitration agreement. However, you and we agree that the only courts where we will seek equitable relief—or file any legal proceeding outside of arbitration—are the state and federal courts in Nashville, Tennessee. This exception for equitable relief does not waive our Arbitration Agreement.
Can I file a class action?
No. You and we agree that we will only file claims against each other individually and not as a plaintiff or class member in a representative proceeding. THIS MEANS CLASS ACTIONS ARE NOT ALLOWED.
To the fullest extent permitted by applicable law, no arbitration under this Agreement may be joined to an arbitration involving any other party subject to this Agreement, whether through a class action, private attorney general proceeding, class arbitration proceedings or otherwise. YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION. You shall have thirty (30) days from the date that you purchase a product or provide information to the website to opt-out of this arbitration agreement. To opt out of arbitration you must contact us in writing at info@arrowheadtacticalapparel.com (email). If more than thirty (30) days have passed from the date that you purchase a product, you are not eligible to opt out of arbitration with respect to claims relating to that product. If more than thirty (30) days have passed from the date that you provide information to the website, you are not eligible to opt out of arbitration with respect to claims relating to the website.
THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT. YOU MUST REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING, OR BUYING ANY PRODUCT THROUGH THE WEBSITE.
You understand that the Website and any information made available through the Website is for informational purposes only. Any activity involving firearms is potentially dangerous and could result in property damage, serious bodily harm or death. All You agree that firearms must be handled in a responsible manner and in compliance with all applicable law.
User Obligations
By downloading, accessing or using the Website, you represent that you are at least eighteen (18) years old or the legal age of majority, whichever is greater, and you are agreeing to these Terms. You also agree to abide by all applicable local, state, and national laws and regulations with respect to your use of the Website. You further represent you shall at all times provide true, accurate, current, and complete information (and updates thereto) when submitting information to Arrowhead Tactical Apparel through the Website. You shall only use the Website as permitted by this Agreement, and you shall not use the Website or the Content for any commercial, political, obscene, illegal, or inappropriate purpose. Arrowhead Tactical Apparel reserves the right, in its sole discretion, to terminate your access to the Website for any or no reason. If you register for an account on the Website, you may be required to designate an email address and password, and there may be additional requirements as designated by Arrowhead Tactical Apparel from time to time. You agree to assume all responsibility concerning your use of the Website, including all activity occurring through your password (and related account access). You shall immediately notify Arrowhead Tactical Apparel if you suspect or become aware of any loss, theft, or unauthorized use of your information to interact or transact with the Website.
Firearm Warning, Disclaimer, and Release
By purchasing your Arrowhead Tactical Apparel Product, you acknowledge and agree to the following:
You agree to abide by any and all applicable Federal, State, and Local laws, statutes, regulations, and other forms of governmental authority ("laws") pertaining to (but not limited to) Firearms policy, Self- defense, and Trespassing. Arrowhead Tactical Apparel mandates strict adherence to all applicable laws when owning, wearing, or otherwise using any product from Arrowhead Tactical Apparel, and the Customer, User, or Wearer agrees to these terms at the time of purchase.
The Customer, User, or Wearer agrees to waive Arrowhead Tactical Apparel of any and all liability with respect to individual or group violations of applicable laws.
All firearms are dangerous instruments and should be handled only by responsible persons who have completed a certified training course in the safe handling and use of firearms, or who otherwise obtained the necessary competency for the same level of safe handling and use. You, the consumer, assume any and all risk associated with our Products. Because Arrowhead Tactical Apparel has no control over how our Products will be used, or who will be using the Products after your purchase, Arrowhead Tactical Apparel disclaims any and all liability for incidental or consequential damages to person(s) and/or property resulting from the use of any Products. You, the consumer, assume all risk of personal injury or death claims as a result of your use of Products.
For example, you, the consumer, are responsible for personally checking and confirming the compatibility of the firearm and any Arrowhead Tactical Apparel Product and holsters any time you use a holster or Product. Never place a loaded handgun in a holster or other Arrowhead Tactical Apparel Product without first testing the holster or Product and handgun compatibility and fit in an unloaded situation. Always double check that your handgun is unloaded, including that the chamber is empty. Always treat a handgun as loaded until you check and doublecheck its condition. For information about how to safely carry your handgun, you should refer to your handgun manufacturer’s safety and instruction manual. The depictions of firearms, including in conjunction with our Products, on our Website is for marketing and informational purposes only and should never be relied upon for safe usage of a firearm.
You are responsible for safely using our Product. For example, you should always make certain, every time you plan to use a Arrowhead Tactical Apparel Product, that your handgun is seated correctly and securely in the holster before you remove your hand from the firearm. You can guard against the risk of accidental separation of your firearm if it is correctly seated safely and securely in the holster. Arrowhead Tactical Apparel makes no warranties about the safety of any given holster used to carry a firearm. Any holster used with Arrowhead Tactical Apparel products should offer 1) complete coverage of the firing trigger when the firearm is in the holster and 2) sufficient retention of the firearm such that the firearm cannot be removed from the holster except through deliberate user action reaching for, grasping, and pulling the firearm out. Never point your firearm at any person when using an Arrowhead Tactical Apparel Product, such as when holstering or un-holstering. Your finger should never be on the trigger or inside the trigger guard until you are ready to shoot. Even if your handgun is seated correctly and securely in the holster when using an Arrowhead Tactical Apparel Product, you should never engage in a level of physical activity or exertion that could compromise the secure fit of your firearm.
Although Arrowhead Tactical Apparel makes every effort to ensure our Products are constructed to fit the most common handguns, manufacturers are known to update their products frequently. Even a slight change from the manufacturer can affect the proper alignment and safe fit of your handgun and the Product. Arrowhead Tactical Apparel is not responsible for any such changes or potential errors from the manufacturer.
Arrowhead Tactical Apparel Products are designed to fit factory equipment unless otherwise stated. Alterations such as sights, grips, trigger guards, or anything else that can alter the frame, dimensions, or condition of the firearm, may cause an improper fit with an Arrowhead Tactical Apparel Product. Do not alter an Arrowhead Tactical Apparel Product in any way. An improper fit caused by an alternation could result in an unintended discharge of your firearm. Furthermore, Arrowhead Tactical Apparel considers ammunition to be safe only if the ammunition is in new, unfired, and undamaged condition. Damaged ammunition or ammunition which has been “reloaded” either personally or professionally carries additional risk of accidental discharge for which Arrowhead Tactical Apparel Products are not designed.
Arrowhead Tactical Apparel is not responsible for any wear or damage to your firearm caused by our Products.
You knowingly and freely assume all risk when using an Arrowhead Tactical Apparel Product. By purchasing an Arrowhead Tactical Apparel Product, you, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Arrowhead Tactical Apparel and its owners(s), agents, and employees from any and all claims, actions, or losses, including liability for accidents, injuries, or death relating to the use of Arrowhead Tactical Apparel Products, to include, but not limited to, the accidental discharge of a firearm resulting in property damage or bodily harm, due to the user’s negligence, misuse, or lack of safe and proper firearm handling.
If an Arrowhead Tactical Apparel Product becomes worn, loose, defective, or causes a firearm to lack safe and secure fit or draw, you should immediately cease using your Arrowhead Tactical Apparel Product. Contact Arrowhead Tactical Apparel for warranty coverage instructions. You may refer to our Warranty Policy for further information.
Returns and Refunds
You agree to be bound by our Online Return Policy and to comply with all Arrowhead Tactical Apparel instructions for effectuating a return for a product exchange or refund where permitted by policy. Review policies carefully to determine what is permitted for your order prior to making your purchase. Please allow at least 7-10 business days from the time your return is received for the refund to be processed. For more information, please visit our Policy or email us at info@arrowheadtacticalapparel.com for more information.
Noncompete and Restrictions for Use
You acknowledge and agree that Arrowhead's products, designs, branded terms, and likenesses are the sole property of Arrowhead, and you agree not to copy, duplicate, or otherwise recreate any product sold on our site. Arrowhead does not authorize any purchases of our products for the purpose of reverse-engineering, examining, or dissecting, and doing so is expressly in violation of these terms of service. Arrowhead's Carrier Retention Waistband is protected by U.S. Patent No. 11,259,583 which forbids imitation for any and all commercial purposes. Violations of this noncompete may result in legal action.
Purchases through the Website
All purchases made through the Website are subject to our acceptance. This means that we may refuse to accept or may cancel any transaction, in our sole discretion, and without liability to you or any third party. The Website does not permit orders from dealers, wholesalers, or other customers who intend to resell items offered on the Website. Arrowhead Tactical Apparel expressly conditions its acceptance of your order on your agreement to these Terms, and to all additional terms and conditions that are provided to you on the Website that govern your purchase of certain Products. By ordering Products through the Website, you agree to provide true, accurate, current, and complete information. Arrowhead Tactical Apparel reserves the right without prior notice to discontinue or change specifications and prices on Products offered on and outside of the site without incurring any obligation to you. Prices and availability are subject to change without prior notice, and Arrowhead Tactical Apparel reserves the right to revoke any offer to correct any errors, inaccuracies, or omissions.
Arrowhead Tactical Apparel wants you to be satisfied with your purchases from this Website. If you wish to return a product, please review our Online Return Policy, which is incorporated herein by reference.
Website Ownership and Content
The Website contains materials including, but not limited to, text, images, designs, photographs, videos, audio clips, graphics, button icons, pictures, advertising copy, URLs, technology, software, and the overall arrangement or “look and feel” of such materials including copyrightable material, as well as trademarks, logos, and service marks that belong to either Arrowhead Tactical Apparel, its licensors, licensees or other third parties (collectively the “Content”). The Website and the Content are owned, licensed, or controlled by Arrowhead Tactical Apparel, its licensors, and certain other third parties, and all right, title, interest in and to the Content and the Website are the property of Arrowhead Tactical Apparel, its licensors, or certain other third parties and are protected by United States and international copyright, trademark, trade dress, patent or other intellectual property rights and laws to the fullest extent possible.
By using the Website, you will not obtain any ownership or intellectual property or other interest in any item or content on the Website. Subject to your agreement and compliance with this Agreement, Arrowhead Tactical Apparel grants you a limited, non-exclusive, non-transferrable, non-assignable, revocable license to access, display, view, and use the Content on the Website for your own personal, non- commercial use only. You agree that Arrowhead Tactical Apparel may immediately and, without notice to you, suspend or terminate the availability of the Website, its Content, or the Products without any liability to you or any third party.
User-Generated Content
By submitting or posting any materials or content on the Site (“User-Generated Content”), you grant to Arrowhead Tactical Apparel a perpetual, irrevocable, royalty-free, worldwide, royalty- free, sub-licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, and sublicense such materials or any parts of such materials. You hereby represent, warrant and covenant that any User-Generated Content you provide does not violate any law or the rights of any third party, and you have full right to grant Arrowhead Tactical Apparel the license specified above. Arrowhead Tactical Apparel shall be entitled to use any User-Generated Content without incurring obligations of confidentiality, attribution or compensation to you.
If your User-Generated Content contains reviews or comments – including reviews of the Website, Products, and Arrowhead Tactical Apparel, you represent that such reviews and comments are truthful and accurately represent your experience. You understand and agree that we will have the right to republish all or part of your reviews and comments on the Website, Arrowheads Tactical Apparel’s social media accounts, advertising, and any other media as Arrowhead Tactical Apparel deems fit.
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THE WEBSITE, AND ALL CONTENT, PRODUCTS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
Arrowhead Tactical Apparel DOES NOT WARRANT THAT: (1) THE INFORMATION ON THE WEBSITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THE WEBSITE APP WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL Arrowhead Tactical Apparel OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, UNDER ANY CAUSE OF ACTION WHATSOEVER INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OR OTHERWISE, FOR ANY CLAIM, CAUSE OF ACTION, FEE, EXPENSE, COST, OR LOSS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE RETURN POLICY, THE SHIPPING POLICY, THE PRODUCTS, OR YOUR USE OF THE WEBSITE OR ANY PRODUCTS. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, THIS DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY DOES NOT APPLY IN NEW JERSEY.
Policy for Free Gifts
Any free gifts offered by the company may only be claimed at the time they are offered. Failure to claim a gift by adding it to cart and checking out with the gift in your order voids all right to said gift. Free gifts may not be added to orders after they are placed. Free gifts cannot be returned nor exchanged, and they carry no warranty.
Links to Third Party Websites
The Website may include links to third-party websites, such as links from advertisers, sponsors, content partners, and third parties. The inclusion of any link on the Website does not imply our endorsement of it, and Arrowhead Tactical Apparel expressly disclaims any responsibility for the content, the materials, the accuracy of the information, or the quality of the products or services provided by, available through, or advertised on these third-party websites.
Privacy
You understand, acknowledge, and agree that the operation of certain portions of this Website or the receipt of certain information, such as registering or creating an account on this Website, requires the submission, use, and dissemination of certain personally identifiable information. Please note that by providing your mobile phone number to the Website, you are providing Arrowhead Tactical Apparel your electronic signature expressly consenting to be contacted by telephone (including by automated dialing systems, prerecorded messages, SMS and MMS) at the number provided, even if the number you provide is on a corporate, state, or national Do Not Call list. You understand that your consent is not required to make a purchase. For a summary of Arrowhead Tactical Apparel’s information collection and use, please see Arrowhead Tactical Apparel’s Privacy Policy, which is incorporated herein by reference.
Changes to Terms and Privacy Policy
Arrowhead Tactical Apparel reserves the right, in its sole discretion, to change this Agreement and its Privacy Policy at any time upon notice to you (including by posting a new version to the website, or by sending you a change notice).
Electronic Signatures and Agreements
You acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “PLACE MY ORDER”, “I ACCEPT”, ANY LINK THROUGH WHICH YOU SUBMIT BILLING OR SHIPPING INFORMATION, or such similar links as may be designated by Arrowhead Tactical Apparel to accept these terms and conditions, you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L.106-229 (the “E-Sign Act”), YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR PRODUCTS OFFERED BY Arrowhead Tactical Apparel. Further, you waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non- electronic records, or to payments or the granting of credits by other than electronic means.
Sales Tax
Arrowhead Tactical Apparel honors each state's guidelines concerning sales and use tax, determined by the destination address of your shipment. As you proceed through checkout and confirm your shipping details, any applicable taxes will be calculated on your total merchandise value. Additionally, order totals at checkout reflect estimated tax. The actual charge to your payment method will reflect all applicable state, local and county taxes and will be calculated once your order is shipped.
Miscellaneous
This Agreement constitutes the entire agreement between you and Arrowhead Tactical Apparel and supersedes any prior version of this Agreement and Arrowhead Tactical Apparel. If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid, the remaining provisions shall not be affected thereby and shall continue in full force and effect, and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of this Agreement.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
Arrowhead Tactical Apparel LLC (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP or UNSUBSCRIBE to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE
TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of apparel, accessories, bags, training, educational resources, and other personal effects.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to
the number you received messages from or email us at info@arrowheadtacticalapparel.com.
Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and
may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own,
capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use or engage with the Platform if you are under eighteen (18) years of age. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
Contact Us – If you have any questions about these Terms of Use, the Products, or the Website, contact us.
