AIMPOINT INC. TERMS AND CONDITIONS

Effective Date: August 5, 2020

By accessing and using the Aimpoint Inc. website, you agree to comply with the following Terms and Conditions (“Terms”) at your own risk. These Terms (together with our Privacy Policy and Export Restrictions Notice, which are both hereby incorporated by reference) and, if applicable, the order terms provided at time of purchase are legally binding and represent the entire agreement (the “Agreement”) concerning your use of Aimpoint Inc.’s website and the purchase of Aimpoint Inc. products from the Aimpoint Inc. site. If you do not agree with these Terms, or any aspect of the Agreement, do not access or otherwise use the features of the Aimpoint Inc. website. These Terms supersede all other terms and conditions, whether oral or written, and all other communications or understandings with respect to the Aimpoint Inc. website or products purchased therefrom.  None of the aforementioned will be construed as, or constitute, a waiver of these Terms. 

These Terms and the features of the Aimpoint Inc. website (including the terms and conditions of any membership programs) are subject to change from time to time without notice. Please refer to this page periodically for the most up to date Terms. Your use of the Aimpoint Inc. website following any modifications to these Terms will constitute your agreement to the modified Terms. 

If you have any questions about these Terms, please contact us at support@aimpoint.us.

General Use

By using the Aimpoint Inc. website, you represent, acknowledge and agree that you are at least 18 years of age. If you are not at least 18 years old, do not use the Aimpoint Inc. website or submit any information via the website. 

The Aimpoint Inc. website contains hyperlinks to websites that may be operated by third parties. If you decide to visit any linked website, you do so at your own risk. Aimpoint Inc. makes no warranty or representation regarding the content or security of any third-party site, nor does Aimpoint Inc. endorse any of the content appearing on those sites.

Orders

When placing an order via the Aimpoint Inc. website, you will be asked to provide certain personal information which must be current, complete and accurate in order to process your order. You acknowledge and agree that you are not purchasing Aimpoint Inc. products with the intent to re-sell any such products. Aimpoint Inc. reserves the right to reject, or modify aspects of, any orders placed through our website and will notify you by contacting the email, billing address, or phone number provided at the time the order was made. 

Shipping and delivery dates are estimates only and cannot be guaranteed. Aimpoint Inc. is not liable for any delays in shipments. For further details, please refer to the Shipping and Delivery Policy: aimpoint.us/shipping_and_delivery. Should you need to return a product purchased from the Aimpoint Inc. website, please refer to the Return Policy: https://www.aimpoint.us/returns.html. 

Intellectual Property 

You acknowledge and agree that the information and content you access through Aimpoint Inc.’s website including, but not limited to, trademarks, graphics and logos, is the property of Aimpoint Inc. and/or its licensors, and that Aimpoint Inc. trademarks and copyrights are protected by United States and international trademark, copyright, and other intellectual property right laws. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted or trademarked material on the Aimpoint Inc. website is strictly prohibited without the express written consent of Aimpoint Inc.

Disclaimer of Warranties

EXCEPT AS EXPRESSLY SET FORTH IN A PRODUCT OR SERVICE DESCRIPTION ON THE AIMPOINT INC. WEBSITE, ALL AIMPOINT INC. PRODUCTS AND SERVICES PROVIDED THROUGH THE AIMPOINT INC. WEBSITE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR GUARANTEES (WHETHER EXPRESS, IMPLIED OR STATUTORY) INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, (2) WITH RESPECT TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE INFORMATION OR MATERIAL ON THE AIMPOINT INC. WEBSITE, OR (3) THAT ACCESS TO THE WEBSITE AND THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NOTHING ON THE AIMPOINT INC. WEBSITE CONSTITUTES BUSINESS, TECHNICAL OR ANY OTHER PROFESSIONAL ADVICE TO WEBSITE USERS OR CUSTOMERS.

Limitation of Liability

AIMPOINT INC. WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF, OR RELATING TO, THE AIMPOINT INC. WEBSITE OR PRODUCTS PURCHASED THEREFROM OR ANY OTHER PERFORMANCE UNDER, OR PURSUANT TO THESE TERMS.

IN NO EVENT SHALL AIMPOINT INC., ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE AIMPOINT INC. WEBSITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF AIMPOINT INC. OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

SOME U.S. STATES DO NOT RECOGNIZE THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW

Submissions

Aimpoint Inc. will not consider unsolicited submissions containing product ideas, photos or digital images, written materials, concepts or similar communications.Subject to the limitations set forth in our Privacy Policy: (1) any submissions or communications you send to Aimpoint Inc. will automatically become the property of Aimpoint Inc. without any compensation to you, (2) Aimpoint Inc. may use the content of your submissions for any purpose and (3) Aimpoint Inc. is not subject to confidentiality obligations with respect to such unsolicited submissions.

Promotions

Aimpoint Inc. may sponsor promotions from time to time including, but not limited to, giveaways and sweepstakes. Any such promotions are: (1) open to US residents only; (2) subject to all applicable federal, state and local laws and regulations; and (3) are void where prohibited. Additional rules, terms and conditions may apply. Aimpoint Inc. reserves the right to cancel, terminate, modify or suspend promotions in whole or in part at its sole discretion.

Assignment

Aimpoint Inc. may assign its rights and obligations under these Terms without your consent. You may not assign any of your rights and obligations pursuant to these Terms without the prior written consent of Aimpoint Inc.

Accessibility

Accessibility, diversity and inclusion are important to Aimpoint Inc. and implementing, to the extent possible, the standards set forth in the Web Content Accessibility Guidelines (WCAG) version 2.1 or other standards to the extent required by the Americans with Disabilities Act ("ADA") is ongoing. If you have specific questions or concerns about the accessibility of a page or feature of our website, or if you have any difficulty accessing or using our website, please contact us toll-free at 1-877-246-7646 or at support@aimpoint.us. We will make reasonable efforts to identify the issue and make our website more accessible to you.

Indemnity

User agrees to indemnify Aimpoint Inc. against any and all claims and expenses, including attorneys' fees, arising from the User's use of the Site or breach of the Agreement.

Severability

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

Governing Law

You acknowledge and agree that the content and information featured on the Aimpoint Inc. website is controlled in and originates solely from the United States. Aimpoint Inc. makes no representation that its website is available for access or use in other locations and accepts no responsibility for any unintended access to the Aimpoint Inc. website. 

Any claim relating to the use of the Aimpoint Inc. website shall be governed by the laws of the State of Virginia, without regard to its conflicts of laws rules. You expressly consent to the jurisdiction of the state and federal courts of Virginia for any such claim.