Terms & Conditions

THIS WEBSITE IS OWNED AND OPERATED BY OPTIMUM ENTERPRISES LLC. THE TERMS AND CONDITIONS SET FORTH ON THIS FORM (THE ‘TERMS’), IN THE INSTRUCTIONS FOR USE AND CARE DELIVERED WITH ANY PRODUCT AND ANY WRITTEN AGREEMENT EXECUTED BY BUYER AND OPTIMUM ENTERPRISES LLC, (‘‘LLC AGREEMENT”) CONSTITUTE THE ENTIRE AGREEMENT BETWEEN OPTIMUM ENTERPRISES LLC D/B/A WWW.PRIMEDTACTICAL.COM/PRIMED TACTICAL, BY AND ON BEHALF OF ITS SUBSIDIARIES AND AFFILIATES, (“WWW.PRIMEDTACTICAL.COM/PRIMED TACTICAL/OPTIMUM ENTERPRISES LLC”) AND BUYER (“BUYER”). PRIMED TACTICAL WILL NOT BE BOUND BY ANY ADDITIONAL OR DIFFERENT TERMS ON BUYER’S ORDER OR OTHER DOCUMENTS THAT ARE INCONSISTENT WITH THESE TERMS. ACCEPTANCE BY BUYER OF THESE TERMS MAY BE MADE BY 1) WRITTEN ACCEPTANCE, 2) USE OF PRIMED TACTICAL’S ONLINE OR TELEPHONE ORDERING SYSTEM OR 3) RECEIPT BY BUYER OF DELIVERY OF ANY PRODUCTS FROM WWW.PRIMEDTACTICAL.COM, WHICHEVER FIRST OCCURS. IF THERE IS AN AD OR TESTIMONIAL WHICH CONFLICTS WITH THIS AGREEMENT, THIS AGREEMENT EXCLUSIVELY CONTROLS.

ORDERS

Buyer will submit orders for products and services through PRIMED TACTICAL's online ordering system for gun accessories, located on the World Wide Web at WWW.PRIMEDTACTICAL.COM. These Terms apply to all orders for products and services accepted by PRIMED TACTICAL. Acceptance of Buyer’s order by PRIMED TACTICAL will be made only on the express understanding and condition that insofar as these Terms conflict with any terms and conditions in Buyer’s order, these Terms shall govern. No order shall be binding upon PRIMED TACTICAL until PRIMED TACTICAL sends Buyer confirmation of such order through electronic mail, facsimile, or other written communication.

PRICES, TAXES & PAYMENTS

All prices quoted, all orders accepted, and all billings rendered are exclusive of all federal, state and local withholding, excise, sales, use and similar taxes, fees, or charges imposed by any governmental authority on this transaction. All prices presented on the site are subject to change at any time and without notice. Buyer will reimburse PRIMED TACTICAL for any such tax, fee or charge, at the time of sale or thereafter, that PRIMED TACTICAL is required to pay.

RETURNS, CHANGES AND CANCELLATIONS

Cancellations of and changes to orders for products and services, and returns of products by Buyer, will be subject to PRIMED TACTICAL's then-existing return, change and cancellation fees which can be found by clicking here. Upon the written request of Buyer, PRIMED TACTICAL will use commercially reasonable efforts to inform the Buyer of the return, change, and cancellation policies existing at the time of Buyer’s request. PRIMED TACTICAL reserves the right to modify its return, change, and cancellation policies and fees at any time and without notice to Buyer. Buyer agrees to pay all charges resulting from such returns, changes and cancellations, and including, without limitation, storage and shipment costs, costs of producing non-standard materials, redelivery costs (if any), costs of purchasing non-returnable materials, and any other cost resulting from cancellations, changes or returns.

SECURITY INTEREST

The products sold by PRIMED TACTICAL are not intended for human or pet consumption. Buyer acknowledges that the products may not have been tested for safety and efficacy in commercial use and products does not treat or cure any medical condition.

INDEMNITY

Buyer shall indemnify, defend, and hold harmless OPTIMUM ENTERPRISES LLC d/b/a PRIMED TACTICAL and its employees, agents, successors, officers, managers, members, president and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that OPTIMUM ENTERPRISES LLC may sustain or incur arising from (a) Buyer’s improper use of the products (including without limitation to storage, handling, and transportation of products), (b) use of the products by a third party with Buyer’s authorization, (c) use of the products by a third party without Buyer’s authorization, where such unauthorized use is due to Buyer’s negligent act or omission, or willful misconduct, (d) Buyer’s failure to comply with any applicable laws and regulations or to obtain any licenses or approvals necessary to purchase and use the products, or (e) the Buyer’s breach of any of its obligations set forth in these Terms or in any Agreement. OPTIMUM ENTERPRISES LLC will provide Buyer with: (i) prompt written notice of such claim of which OPTIMUM ENTERPRISES LLC is aware; (ii) control over the defense and settlement of such claim; and (iii) proper and full information and assistance at Buyer’s expense to settle and/or defend any such claim. Notwithstanding the foregoing, Buyer shall not settle any such claim, suit or proceeding without the written consent of OPTIMUM ENTERPRISES LLC, which shall not be unreasonably withheld.

WARRANTIES AND DISCLAIMERS

All information appearing in PRIMED TACTICAL’s documentation or on PRIMED TACTICAL’s website is provided “AS IS” and without warranties of any kind with respect to its correctness, accuracy, reliability or otherwise. PRIMED TACTICAL provides no warranty with respect to the contents of its documents or website or advertisement or with respect to the products and/or services sold hereunder, except those products and/or services directly manufactured by PRIMED TACTICAL   For products not directly manufactured by PRIMED TACTICAL and services not directly provided by PRIMED TACTICAL, Buyer receives a warranty on such products or services, if any, directly from the manufacturer of those products or provider of those services to the extent such “pass-through” warranties are available. Upon the request of the Buyer, PRIMED TACTICAL will use commercially reasonable efforts to inform the Buyer of the warranty policy of a particular manufacturer or service provider, or to direct Buyer to a source of such information. PRIMED TACTICAL MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO PRIMED TACTICAL’S WEBSITE OR THE PRODUCTS AND SERVICES SOLD HEREUNDER. PRIMED TACTICAL EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. PRIMED TACTICAL DOES NOT WARRANT THAT OPERATION OF PRIMED TACTICAL ONLINE WILL BE UNINTERRUPTED OR FREE FROM ERRORS, THAT DEFECTS WILL BE CORRECTED OR THAT PRIMED TACTICAL’S WEBSITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY

OPTIMUM ENTERPRISES LLC D/B/A PRIMED TACTICAL SHALL NOT BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, NOR FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF ANY AGREEMENT, EVEN IF OPTIMUM ENTERPRISES LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST BUYER. OPTIMUM ENTERPRISES LLC TOTAL LIABILITY UNDER ANY AGREEMENT WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD HEREUNDER SHALL IN NO EVENT EXCEED THE PRICE PAID BY BUYER FOR SUCH PRODUCT OR SERVICE. FURTHERMORE, UNDER NO CIRCUMSTANCES, WILL OPTIMUM ENTERPRISES LLC’s LIABILITY EXCEED THE MONETARY PAYMENT WHICH CUSTOMER PAID TO OPTIMUM ENTERPRISES LLC.

GENERAL

PRIMED TACTICAL reserves the right to modify any programs, policies, information, products and services offered by PRIMED TACTICAL or contained on PRIMED TACTICAL’s website at any time and without notice to Buyer. These Terms and performance by the parties hereunder shall be construed in accordance with the laws of the State of Florida, without regard to provisions on the conflicts of laws. Buyer and OPTIMUM ENTERPRISES LLC consent to Arbitrate all claims. To the extent that the Arbitration clause set out below is deemed to not apply to a claim, then, and only then venue shall be, Tampa, Florida for claims filed in State Court, and The Middle District of Florida for any claims filed in Federal Courts.  Buyer shall not assign (a) any order for products and/or services placed through PRIMED TACTICAL’s website or telephone ordering system, or (b) any interest in or any rights under such order, without the prior written consent of PRIMED TACTICAL. These Terms and any Agreement constitute the entire agreement between OPTIMUM ENTERPRISES LLC D/B/A PRIMED TACTICAL and Buyer and supersede all previous communications, representations and agreements, whether oral or written, between Buyer and PRIMED TACTICAL with respect to the subject matter hereof. These Terms may not be modified, supplemented, qualified, or interpreted except in writing signed by Buyer and PRIMED TACTICAL. The failure by PRIMED TACTICAL to enforce at any time any of the provisions in these Terms will in no way be construed as a waiver of such provisions. If any provision of these Terms shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any other legal provisions hereof which together shall then be construed as if such illegal and unenforceable provision or provisions had not been inserted herein, unless such illegality or unenforceability shall destroy the underlying business purpose of these Terms.

In any action instituted by customer, customer agrees to waive any and all rights to demand a Jury Trial. Any claims filed in Court shall be addressed as a Bench Trial.

All parties agree that if customer files in claims in a Court of competent jurisdiction, each party shall be responsible for its own attorney fees.

Specific Provisions Regarding Use of PRIMED TACTICAL’s Website

ACCESS AND USE OF INFORMATION

Access to this site is limited to viewing the linked pages solely for legitimate business purposes to access the information provided by PRIMED TACTICAL at this site. Any access or attempt to access other areas of the PRIMED TACTICAL computer systems or other information contained on the system for any purposes is strictly prohibited. You may not use or distribute any information contained on this site other than in connection with a legitimate business purpose and with the express written consent of us.

ACCURACY OF INFORMATION

The information on PRIMED TACTICAL’s website is believed to be complete and reliable; however, the information may contain typographical errors, other inadvertent errors or inaccuracies and be subject to different interpretations as to its meaning. PRIMED TACTICAL reserves the right to make changes to any content or information without obligation to issue any notice of such changes.

TRADEMARKS

PRIMED TACTICAL’s website may contain OPTIMUM ENTERPRISES LLC and third-party trademarks and service marks. All marks are the property of their respective companies. All rights in the intellectual property contained in PRIMED TACTICAL’s website including copyright, trademarks, trade secret and patent rights, are reserved. Access to PRIMED TACTICAL’s website does not constitute a right to copy or use any of the third parties’ intellectual property of PRIMED TACTICAL or its suppliers. Statutory notice contained herein represents trademark status in the United States.

COPYRIGHT

PRIMED TACTICAL does not authorizes you to make copies of the content herein. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained herein.

SUBMISSIONS

All remarks, suggestions, ideas, graphics or other information communicated to PRIMED TACTICAL will forever be the property of PRIMED TACTICAL. Unless otherwise specified in writing, all material submitted to PRIMED TACTICAL will be presumed to be public and PRIMED TACTICAL will not be required to treat the information as confidential. PRIMED TACTICAL shall have exclusive ownership of all present and future existing rights in the information, without compensation to the person sending the information.

ARBITRATION AGREEMENT

This arbitration agreement (“Agreement”) shall govern the manner by which any claims regarding the product(s) you purchased from us shall be resolved. This Agreement sets forth important legal rights. Please read this agreement carefully.

By ordering a product from us, you understand and agree that any dispute between us concerning such product shall be settled by binding individual arbitration in accordance with the terms of this agreement, and as such, you waive your right to a jury trial. You also waive your right to participate in or represent a class of consumers in such disputes. If you do not agree with these terms, you must not purchase from us any product.

1. RESOLUTION BY BINDING ARBITRATION. Any claim or dispute between you and us, or any of our subsidiaries or affiliates, arising out of or relating in any way to the Product or this Agreement shall be resolved through final, binding arbitration. This arbitration obligation applies regardless of whether the claim or dispute involves a tort, fraud, misrepresentation, product liability negligence, violation of statute, or any legal theory. You specifically acknowledge and agree that you waive your right to bring a lawsuit based on such claims or disputes and to have such lawsuit resolved by a judge or jury. The Venue of the Arbitration shall be Tampa, Florida.
2. WAIVER OF CLASS PARTICIPATION. All arbitrations under this Agreement shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that this Agreement specifically prohibits you from commencing arbitration proceedings as a representative of others or joining in any arbitration proceedings brought by any other person. You also acknowledge and agree that you are giving up your right to serve as a representative, as a private attorney general, or in any representative capacity, and/or to participate as a member of a class of claimants in any lawsuit filed against us and/or related third parties.
3. ARBITRATION PROCEDURES.
1. Before commencing any arbitration proceedings under this Agreement, you must first present the claim or dispute to us by calling our Representative toll free at 1-800-423-4248 and providing all requested information. You may be required to provide us with a written statement setting forth the nature of your claim or dispute. We shall have forty-five (45) days from the receipt of such call (or written statement) to resolve such claim or dispute (“Resolving Period”). If your claim or dispute is not resolved within the Resolution Period, you may commence arbitration proceedings in accordance with the terms of this Agreement.
2. The arbitration of any claim or dispute under this Agreement shall be conducted pursuant to the American Arbitration Association’s (“AAA”) United States Commercial Dispute Resolution and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures are available by calling the AAA or by visiting its web site at adr.org.
3. The arbitrator shall not conduct class arbitration; that is, the arbitrator shall not allow you to serve as a representative, as a private attorney general, or in any representative capacity for others in the arbitration.
4. The arbitration of any claim or dispute under this Agreement shall be conducted in the Brevard County, Florida State.
4. COSTS. All administrative expenses of the arbitration proceedings commenced under this Agreement shall be as follows:
1. If the claim or dispute that is the subject of the arbitration proceedings is less than five thousand dollars (US $5,000), your financial responsibility for the administrative costs shall not exceed one hundred dollars (US $100);
2. If the claim or dispute that is the subject of the arbitration proceedings is between five thousand dollars (US $5,000) and fifty thousand dollars (US $50,000), your financial responsibility for administrative costs shall not exceed three hundred dollars (US $300); and
3. If the claim or dispute that is the subject of the arbitration proceedings exceeds US $50,000, your financial responsibility for administrative costs shall be in accordance with the Commercial Fee Schedule provided by the AAA.
4. Each party shall pay the fees and costs of its own counsel, experts and witnesses.
5. SMALL CLAIMS. If a claim is within the jurisdiction of a small claims court, either party may choose to take the claim to that court instead of arbitration. Any dispute that cannot be adjudicated within the jurisdiction of a small claims tribunal shall be resolved by binding arbitration as described in and in accordance with, the terms of this Agreement. Any appeal of a judgment from a small claims tribunal shall be resolved by binding arbitration under the terms of this Agreement.
6. If any provisions of this Agreement is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable.

QUESTIONS REGARDING TERMS AND CONDITIONS

Any questions regarding PRIMED TACTICAL‘s Terms and Conditions should be directed to PRIMED TACTICAL at support@primetactical.com.