Terms & Conditions

Last Updated: November 13, 2024

This website and its Terms and Conditions were last updated on November 13, 2024. By continuing to use this website, you agree to be bound by the most recent version of these Terms.

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, (‘‘AGREEMENT”) CONSTITUTE THE ENTIRE AGREEMENT BETWEEN OPTIMUM ENTERPRISES LLC D/B/A 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 PRIMED TACTICAL, WHICHEVER FIRST OCCURS. IF THERE IS AN ADVERTISEMENT 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, 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 send confirmation to the Buyer of such order through electronic mail, facsimile, or other written communication.

PRICES, TAXES & PAYMENTS

All prices displayed exclude applicable federal, state, and local taxes, fees, or charges unless otherwise stated. The total price, including product cost, taxes, and any additional fees, will be clearly shown at checkout before completing the transaction. Prices may change at any time; however, changes will not affect confirmed orders. Buyers are responsible for ensuring that their payment details are accurate and up-to-date to avoid transaction delays.

RETURNS, CHANGES AND CANCELLATIONS

Cancellations, changes, and returns are subject to Primed Tactical’s current policies. Detailed return, change, and cancellation policies, including applicable fees, if any, can be found here. Buyers are encouraged to review these policies before completing their purchase.

BUYER RESPONSIBILITY

Products sold by Primed Tactical are intended for individuals aged 18 and older. By completing a purchase, you confirm that you are at least 18 years old. It is the Buyer’s responsibility to store products securely and ensure their use complies with all applicable local, state, and federal laws and regulations.

Primed Tactical is not liable for any misuse, including unauthorized access by minors or third parties due to improper storage by the Buyer.

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 provided on Primed Tactical’s website, documentation, and advertisements is offered “AS IS” without warranties of any kind regarding accuracy, completeness, or reliability. Products may include specific warranties detailed in their product descriptions. Buyers can access these descriptions directly on the product page under the “Warranty Information” section. If no warranty is stated, the product is sold “as is” without any express or implied warranties. Buyers should refer to individual product listings for warranty details or contact customer service for clarification.

Primed Tactical expressly disclaims all implied warranties, including merchantability, noninfringement, and fitness for a particular purpose. Primed Tactical does not guarantee that the website will operate uninterrupted or error-free, nor does it guarantee that defects will be corrected.

LIMITATION OF LIABILITY

OPTIMUM ENTERPRISES LLC d/b/a Primed Tactical shall not be liable for the costs of procuring substitute products or services, nor for any loss of business, loss of use, loss of data, interruption of business, lost profits, goodwill, or any other indirect, special, incidental, exemplary, or consequential damages of any kind arising out of or related to this agreement, even if OPTIMUM ENTERPRISES LLC has been advised of the possibility of such damages, and notwithstanding any failure of essential purpose of any limited remedy.

This limitation does not apply to damages resulting from gross negligence, willful misconduct, or breaches of statutory duty.

This exclusion includes any liability that may arise out of third-party claims against the Buyer. The total liability of OPTIMUM ENTERPRISES LLC under any agreement for any product or service shall in no event exceed the amount paid by the Buyer for that product or service. Under no circumstances will OPTIMUM ENTERPRISES LLC’s liability exceed the monetary amount the Buyer 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, Brevard County, 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 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 Buyer, Buyer 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 Buyer files in claims in a Court of competent jurisdiction, each party shall be responsible for its own attorney fees.

ACCESS AND USE OF INFORMATION

Access to this site is limited to viewing pages for legitimate personal or business purposes related to Primed Tactical’s offerings. Unauthorized access or use, including but not limited to attempts to, access restricted areas of Primed Tactical’s systems, modify or misuse any information contained on the site, or distribute content without express written consent is strictly prohibited and may result in legal action.

You may not copy, reproduce, or distribute any information from this site without prior written approval from Primed Tactical, except for personal use or legitimate business purposes.

ACCURACY OF INFORMATION

The information on Primed Tactical’s website is intended to be accurate and complete. However, it may contain typographical errors, inaccuracies, or omissions. Primed Tactical reserves the right to modify any content or information at any time without prior notice.

In the event that an error or inaccuracy affects an existing order, Primed Tactical will promptly correct the error and notify affected users via email or phone. Buyers are encouraged to contact customer support at support@primedtactical.com if they identify any discrepancies.

TRADEMARKS

The Primed Tactical website may display trademarks and service marks owned by OPTIMUM ENTERPRISES LLC or third parties. These trademarks are the property of their respective owners.

All rights in the intellectual property, including copyrights, trademarks, trade secrets, and patents, are reserved. Accessing the Primed Tactical website does not grant permission to copy, reproduce, or otherwise use any intellectual property without prior written consent from Primed Tactical or the respective owner.

Users may reference Primed Tactical’s trademarks in a factual manner, such as when discussing our products or services, provided that such use does not mislead, imply endorsement, or violate any applicable laws. Unauthorized use of trademarks may result in legal action.

COPYRIGHT

All content on the Primed Tactical website, including but not limited to text, images, graphics, logos, and designs, is protected by copyright law and is the property of OPTIMUM ENTERPRISES LLC d/b/a Primed Tactical, unless otherwise stated.

Users may view, download, and print content from this site solely for personal, non-commercial use, provided they do not modify or alter the content. Any other use, including reproduction, distribution, public display, or creation of derivative works, requires prior written permission from Primed Tactical.

Unauthorized use of copyrighted content may result in legal action. For copyright-related inquiries, contact support@primedtactical.com.

SUBMISSIONS

Unless otherwise explicitly agreed upon in writing, all remarks, suggestions, ideas, graphics, or other content submitted to Primed Tactical become its property upon submission. By submitting content, you grant Primed Tactical a perpetual, irrevocable, worldwide, royalty-free, and fully transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, and display such content in any media, including but not limited to marketing and promotional materials.

You acknowledge that your submissions are non-confidential and non-proprietary. However, you retain ownership of any intellectual property rights in your submissions, subject to the license granted to Primed Tactical. If you do not agree to these terms, do not submit any materials.

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 to these terms, do not proceed with your purchase.

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:

Optimum Enterprises LLC d/b/a Primed Tactical
3425 Bayside Lakes Blvd SE
Ste 103 #10090
Palm Bay, FL 32909
Customer Support: 786-471-6680
Email: support@primedtactical.com