I understand that these Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions and limit the remedies available to me in the event of a dispute as described in the Revere Defense, LLC Arbitration Agreement, contained in these Terms of Service.
Accuracy of Information and Third-Party Consent. To the best of my knowledge, I have provided accurate information to Revere Defense, LLC and have obtained all third-party consents required for my order.
Non-English-Speaking Customers. I understand that certain materials on the Revere Defense, LLC site, including but not limited to questionnaires, documents, instructions, and filings, are only available in English.
Disclaimer of Warranties and Customer Assumption of Risk. REVERE DEFENSE LLC (“REVERE”) MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO ITS PRODUCTS AND IS IN LIEU OF ANY WARRANTIES OTHERWISE IMPLIED BY LAW (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OTHERWISE IMPLIED BY LAW BY REVERE’S COMPONENT SUPPLIERS). REVERE HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES AND ACCEPTS THAT BY ITS ACCEPTANCE OF DELIVERY OF ANY REVERE PRODUCT, CUSTOMER FREELY AND VOLUNTARILY ASSUMES ALL INTENDED AND UNINTENDED RISKS RELATED TO OR ARISING FROM OWNERSHIP, POSSESSION, USE, STORAGE, OR HANDLING OF ANY REVERE PRODUCT, AND CUSTOMER UNDERSTANDS THAT SUCH RISKS COULD RESULT IN DAMAGE TO PERSONAL PROPERTY AND/OR SEVERE PERSONAL INJURY, EVEN DEATH, TO CUSTOMER AND OTHERS.
Limitation of Liability. IN NO EVENT SHALL REVERE BE LIABLE TO ANY CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT REVERE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY. IN NO EVENT SHALL REVERE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO REVERE PURSUANT TO THIS AGREEMENT IN THE TWELVE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Release from Liability. Customer, on behalf of itself, its officers, employees, representatives, shareholders, members, managers, representatives, assigns, subsidiaries, affiliates, and parent company(ies), hereby voluntarily releases, discharges, waives, and forever relinquishes any and all claims, actions, or causes of action, whether in law or in equity, against Revere, and its officers, employees, representatives, shareholders, members, managers, representatives, assigns, subsidiaries, affiliates and parent company(ies), arising from, related to, or in any way connected to or with any Revere product.
Limitation of Liability and Indemnification. EXCEPT AS PROHIBITED BY LAW, I WILL HOLD REVERE DEFENSE, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY ME OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF REVERE DEFENSE, LLC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF THAT DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF REVERE DEFENSE, LLC, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE SERVICES AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO ME.
Terms of Use. I understand that the Website's general terms of use (the “Terms of Use”) and Privacy Policy also apply to these Terms of Service and in agreeing to these Terms of Service, I acknowledge that I have read and agree to those Terms of Use, which are incorporated herein by reference.
Payment Terms. I understand that my purchase is subject to these payment terms and conditions. I agree to the following terms:
Third-Party Services. If I purchased a product that involves third-party services, I understand that I may be required to accept additional terms located on the third-party’s site. The third party may contact me by email and/or phone with instructions on how to access my benefits. REVERE DEFENSE, LLC HEREBY DISCLAIMS LIABILITY FOR ANY INFORMATION, MATERIALS, PRODUCTS, OR SERVICES POSTED OR OFFERED AS PART OF ANY THIRD-PARTY SERVICES. REVERE DEFENSE, LLC IS NOT LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE SITES. A THIRD-PARTY MAY HAVE A PRIVACY POLICY DIFFERENT FROM THAT OF REVERE DEFENSE, LLC, AND THE THIRD-PARTY WEBSITE MAY PROVIDE LESS SECURITY THAN THE REVERE DEFENSE, LLC SITE.
Future Services and Products. If I choose to add a service or product to my order subsequent to this initial purchase, these Terms of Service will apply to that additional product or service purchase as well.
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to the customer's satisfaction by contacting Revere Defense, LLC. In the unlikely event that the Revere Defense, LLC is unable to resolve your complaint to your satisfaction (or if Revere Defense, LLC has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. In arbitration you may recover attorney's fees from Revere Defense, LLC to the same extent or more as you would in court. The arbitrator shall apply the same limitations period that would apply in court.
Under certain circumstances, as explained below, Revere Defense, LLC will pay you more than the amount of the arbitrator's award and will pay your attorney (if any) his or her reasonable attorney's fees if the arbitrator awards you an amount greater than what Revere Defense, LLC offered you to settle the dispute.
You may speak with independent counsel before using this Site or completing any purchase.
For the purposes of this Arbitration Agreement, references to “Revere Defense, LLC,” “you,” and “us” include our respective subsidiaries, affiliates, agents, distributors, employees, employers, business partners, shareholders, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services under these Terms or any prior agreements between us. Beneficiaries include, but are not limited to, those named in an estate planning document.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Revere Defense, LLC are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Utah Uniform Arbitration Act (“UUAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
If Revere Defense, LLC did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney's fees, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney's fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits. In assessing whether an award that includes attorney’s fees or expenses is greater than the value of Revere Defense, LLC’s last written settlement offer, the arbitrator shall include in his or her calculations only the value of any attorney’s fees or expenses you reasonably incurred in connection with the arbitration proceeding before Revere Defense, LLC’s settlement offer.
Reviews. After your purchase, you may receive an email survey request from Revere Defense, LLC. If you complete the survey or submit a review online, your opinions may be posted, in whole or in part, on the Site or used in marketing material. The review may be accompanied by limited identifying information, such as your first name and last initial, the product you purchased, and city and/or state.
Access to World Wide Web; Internet Delays. To use Revere Defense, LLC services, I must obtain access to the internet, either directly or through devices that access web-based content and pay any service fees associated with such access. I am responsible for providing all equipment necessary to make the connection to the internet, including a computer and internet access. Access to certain Revere Defense, LLC services may be limited or delayed based on problems inherent in the use of Internet and electronic communications. I understand that Revere Defense, LLC is not responsible for delays, delivery failures, or other damage resulting from such problems.
Governing Law and Jurisdiction. All matters relating to the Website and these Terms of Sale and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Utah. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Force Majeure. Revere Defense, LLC shall not be considered in breach of or default under these Terms of Sale or any contract with me and shall not be liable to me for any cessation, interruption, or delay in the performance of its obligations by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott, or similar event beyond our reasonable control, whether foreseen or unforeseen (each a “Force Majeure Event”). If a Force Majeure Event continues for more than 60 days in the aggregate, Revere Defense, LLC may immediately terminate these Terms of Service and shall have no liability to me for or as a result of any the termination.
Right to refuse. I acknowledge that Revere Defense, LLC reserves the right to refuse service to anyone.
I understand that these terms affect my legal rights and obligations. If I do not agree to be bound by all of these terms, I will not use this service. By proceeding with my purchase, I agree to these Terms of Sale.