TERMS & CONDITIONS
Welcome to www.atibalillumination.com. This website is owned and operated by ATIBAL ILLUMINATION, LLC. By visiting our website and accessing or purchasing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement'). This agreement is in effect as of January 1, 2013. We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
RESPONSIBLE USE AND CONDUCT
By visiting our website and accessing or purchasing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted practices or guidelines. Wherein, you understand and agree that:
- In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
- You have familiarized yourself with the laws of your state governing the purchase and sale of firearms accessories. It is your responsibility to be familiar with their own local and state firearm related laws, restrictions and ownership requirements.
- You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
- Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
- Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks, to which our Resources are located or connected, is strictly prohibited.
- Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
- You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
- We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
- Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
- Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
- Contains any type of unauthorized or unsolicited advertising; and/or
- Impersonates any person or entity, including any www.atibalillumination.com employee(s) and/or representative(s).
- We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
- We do not assume any liability for any content posted by you or any other third party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Atibal Illumination, LLC, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources.
- You agree to indemnify and hold harmless Atibal Illumination, LLC and its affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
LIMITATION OF WARRANTIES
By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
- The use of our Resources will meet your needs or requirements.
- The use of our Resources will be uninterrupted, timely, secure or free from errors.
- The information obtained by using our Resources will be accurate or reliable.
- Any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
- Any damage caused by misuse, the failure of third party products used in conjunction with our products, irreparable damage from unauthorized repairs or caustic chemicals used in cleaning and preventative maintenance.
Furthermore, you understand and agree that:
- Any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content; AND
- No information or advice, whether expressed, implied, oral or written, obtained by you from Atibal Illumination, LLC or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement or in specific Atibal Sights, LLC. product warranties.
PRODUCT REPAIRS CONDUCTED BY PARTIES OTHER THAN ATIBAL Illumination, LLC.: Any attempts to repair Atibal Illumination, LLC. products conducted by any party other than Atibal Illumination, LLC. exclusively can and will void any warranties applicable to all Atibal Illumination, LLC. products unless expressly specified by Atibal Illumination, LLC. to the customer directly.
DO NOT ATTEMPT TO CONDUCT PRODUCT REPAIRS TO ANY ATIBAL ILLUMINATION, LLC. PRODUCTS WITHOUT FIRST CONSULTING ATIBAL ILLUMINATION, LLC.
WARRANTY REQUESTS FOR DAMAGES SUSTAINED FROM BATTERY CORROSION: Altibal's Lifetime Warranty DOES NOT COVER Atibal products permanently damaged by failed batteries. Batteries are not impervious to failure and can cause permanent damage to electronic devices exposed to corrosion from failed batteries. Atibal Illumination, LLC. has no control over the viability of the particular brand of batteries that customers elect to use to power their Atibal lights. As a precaution, batteries should be removed from any electronic device that is going to be stored for long periods of time and dead batteries should be removed and/ or replaced as soon as possible.
LIMITED LIFETIME WARRANTY COVERAGE: ALL ATIBAL PRODUCTS SOLD WITH "LIMITED LIFETIME WARRANTY" COVERAGE ARE NOT AVAILABLE FOR ATIBAL'S FULL LIFETIME WARRANTY COVERAGE. IN THE EVENT OF A WARRANTY REPLACEMENT FOR AN ITEM WITH "LIMITED LIFETIME WARRANTY" COVERAGE, ATIBAL WILL REPLACE THE DEFECTIVE ITEM WITH AN ITEM OF EQUAL OR LESSOR VALUE TO THE SALE PRICE OF THE DEFECTIVE ITEM.
ATIBAL SIGHTS, LLC. RESERVES THE RIGHT TO MAKE REFUND /WARRANTY DETERMINATIONS IN FAVOR OF ATIBAL ILLUMINATION, LLC. ON ALL RETURNS, WHETHER FOR REFUND OR REPAIR, BASED ON THE CONDITION OF THE RETURNED PRODUCT, PRODUCT PACKAGING, PRODUCT PACKAGING CONTENTS, AND/ OR THE CAUSE OF THE PRODUCT FAILURE.
LIMITATION OF LIABILITY
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Atibal Illumination, LLC will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
In the event that a www.atibalillumination.com product is mistakenly listed at an incorrect price, www.atibalillumination.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. www.atibalillumination.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, www.atibalillumination.com shall issue a credit to your credit card account in the amount of the incorrect price.
All content and materials available on www.atibalillumination.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Atibal Illumination, LLC, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Atibal Illumination, LLC. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with www.atibalillumination.com or purchasing www.atibalillumination.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with www.atibalillumination.com or to purchase www.atibalillumination.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by www.atibalillumination.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
TERMINATION OF USE
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
This website is controlled by Atibal Sights, LLC. It can be accessed by most countries around the world. By accessing our website, you agree that the statutes and laws of the State of Arizona, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site. Furthermore, any action to enforce this User Agreement shall be brought in the federal or state court of the State of Arizona, Maricopa County, Arizona, you hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Atibal Illumination, LLC ships all items via USPS. Every customer will receive tracking confirmation, once an item ships, to the email address provided by the customer at checkout. Items will be shipped either USPS First Class or USPS Priority Mail. Please note that all USPS First Class shipments, or the "FREE SHIPPING" option offered on our website, do not include shipping insurance. A minimum of $100 shipping insurance coverage is automatically included with every paid shipment. On orders exceeding $500 in product value a proportionate shipping insurance coverage amount will be added to the shipment at no additional cost to the customer unless otherwise specified. In some cases a signature may be required to receive your package, this option may be selected by Atibal Illumination, LLC. at the time of shipping and will be the responsibility of the recipient to be present at time of delivery or to retrieve said package from the recipients local post office. Atibal Illumination, LLC. accepts no responsibility for packages lost or stolen if the tracking information reflects a successful delivery and the customer has elected the "FREE SHIPPING" option. Stolen mail and mail fraud are serious crimes and should be reported to local authorities. Products returned for a full refund that were initially shipped with the "Free Shipping" option will have the cost of shipping subtracted from the total refund amount.
Atibal has a 30-day return policy. After 30-days, customers may utilize our warranty process for a repair or exchange at the discretion of Atibal based on the issue. Subject to terms of warranty. Atibal Illumination, LLC. reserves the right to assess a restocking fee of up to, but never more than, 20% of the MSRP of the returned product(s). Restocking fees will be implemented on all returns received outside of the 30-day return window, on any returns in which the product or product packaging is damaged to the extent that the returned product cannot be resold at full value, and/ or if any portion of the original contents of the product and packaging are not included with the return, this will include batteries, allen wrenches, torx wrenches, owner's manuals, packaging elements, lens covers, battery covers, etc.. Atibal Illumination, LLC. is not responsible for shipping costs incurred on return shipping for warranties or returns. Products returned for a full refund that were initially shipped with the "Free Shipping" option will have the cost of shipping subtracted from the total refund amount.
APPAREL RETURN POLICY
All Atibal apparel sold on our website is produced and fulfilled by a third party vendor, unless otherwise specified, and therefore all apparel return policies are based on the third party vendor's own return policies. Any claims for misprinted/damaged/defective items must be submitted within 1 week after the product has been received. For packages lost in transit, all claims must be submitted no later than 2 weeks after the estimated delivery date. If the purchaser provides an address that is incorrect or considered insufficient by the courier, the shipment will be returned to the apparel vendor's facility. You will be liable for reshipment costs once we have confirmed an updated address with you. Shipments that go unclaimed are returned to the apparel vendor's facility and you will be liable for the cost of a reshipment. Atibal promises to provide sufficient sizing and style information for all Atibal apparel items sold on our website, product information can be found in each product listing's product description. Refunds are not given for buyer's remorse or for your misunderstanding of product sizing and style. Exchanges, for any reason, will be subject to an exchange fee which can be in the amount of the original cost of the article but never more than the original cost. For any questions about apparel returns and/ or exchanges, or for information regarding apparel sold on our website please feel free to contact us at email@example.com.
All apparel sold on Atibal's website is void of Atibal's Lifetime Warranty.
UNLESS OTHERWISE EXPRESSED, ATIBAL ILLUMINATION, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
International Traffic in Arms Regulations (ITAR):
Some of the item(s) on this website are subject to the International Traffic in Arms Regulations (ITAR), and export is strictly prohibited without authorization or a license issued by the U.S. Department of State's Directorate of Defense Trade Controls. By proceeding with a transaction to purchase any ITAR restricted item(s), the Customer certifies that (i) the purchase does not require OpticsPlanet, Inc. to export such items, unless OpticsPlanet, Inc. is aware of the export and has obtained the appropriate U.S. Government authorization; (ii) the Customer does not intend to export such items after receipt from OpticsPlanet, Inc. without the appropriate U.S. Government export authorization; (iii) the Customer does not intend to export, transfer, sell, or furnish the item to any foreign person, whether abroad or in the U.S., including any Foreign Embassy in the U.S., without the appropriate U.S. Government export authorization; (iv) the Customer understands that a foreign person under the ITAR § 120.16 means "any natural person who is not a lawful permanent resident as defined by 8 U.S.C. § 1101(a)(20) or who is not a protected individual as defined by 8 U.S.C. § 1324b(a)(3)," and can mean "any foreign corporation, business association, trust, society, or any other entity or group that is not incorporated or organized to do business in the U.S., as well as international organizations, foreign governments, and any agency or subdivisions of government (e.g. diplomatic missions)" (See ITAR § 120.16); (v) the Customer is a U.S. Person as defined by ITAR § 120.15, meaning the Customer is a lawful permanent resident of the U.S., as defined by 8 U.S.C. § 1101(a)(20), or is a protected individual as defined by 8 U.S.C. § 1324b(a)(3), or is a "corporation, business association, partnership, society, trust, or any other entity, organization or group that is incorporated to do business in the U.S., or is a governmental (federal, state, or local) entity" (See ITAR § 120.15).
Export Administration Regulations (EAR):
Some of the item(s) on this website are subject to the Export Administration Regulations (EAR), and export may be restricted by the U.S. Department of Commerce's Bureau of Industry and Security. By proceeding with a transaction to purchase any restricted item(s), the Customer certifies that (i) the purchase does not require OpticsPlanet, Inc. to export such items, unless OpticsPlanet, Inc. is aware of the export and has obtained the appropriate U.S. Government authorization; (ii) the Customer does not intend to export such items after receipt from OpticsPlanet, Inc. without the appropriate U.S. Government export authorization.