Terms and Conditions - Halfmoon Defense

TERMS AND CONDITIONS

Halfmoon Defense LLC grants you the right to use its Site for the limited purpose of placing orders for product. Orders placed on the site or by phone, as well as any other information that you provide either on the Site or via another method, are subject to the “Terms and Conditions” as listed, below. By placing an order and agreeing to the Terms and Conditions at checkout, you agree to the following:

1. License: Subject to these Terms and Conditions, Halfmoon Defense LLC grants you a limited, royalty-free license to view the materials contained on the Site (the “Materials”) for personal use. You are not granted any right to use our trademarks, logos, trade dress (including without limitation the layout of the Site) or other marks, and all such items shall remain our exclusive property.

2. Modification: Halfmoon Defense LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

3. Secured Areas: Your use of any areas of the Site secured by a user name/login screen (“Secured Areas”), including but not limited to purchases of products from the Site, is governed by the terms and conditions of this agreement.

4. Billing and Personal Information: Your billing information is being provided to Halfmoon Defense LLC in order to process and fulfill your orders. In addition, any credit card information provided is stored in a PCI compliant, third party, database that we do not have access to. This information is retained in order to process your order. Halfmoon Defense LLC is not liable for any breech of any third party data services. If you prefer to not have your information stored, we can remove any third party information. Please call us to do so.

5. Mailings: By submitting your name, email address, and any other personal information to us, you hereby grant us a royalty-free license to use and disclose this information, including but not limited to using and disclosing such information in connection with periodic mailings to you about our products, services, and news (“Mailings”). The terms and conditions of this Agreement shall apply to all such Mailings.

6. Submissions: All remarks, suggestions, ideas, graphics, data, personal information, questions or other information communicated to us through the Site, by facsimile or through the mail (electronic or otherwise) (a “Submission”) will forever be our property. Unless otherwise specified, we will not treat any Submission as confidential or proprietary and will not be liable for the use of any ideas for its business (including, without limitation, service or promotion ideas) and will not incur any liability as a result of any similarities that may appear in our future services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the Submission, including its legality, reliability, appropriateness, originality, and copyright.

7. Site Use Rules: Our Site may only be used for lawful purposes. Halfmoon Defense LLC specifically prohibits any use of our Site, and all users agree not to use our Site, for any of the following:

Posting any incomplete, false or inaccurate information or information which is not your own accurate information;
Posting of any material that defames, harasses, threatens, embarrasses, or abuses others; is racially or ethically offensive; or is obscene, abusive, hateful, pornographic, vulgar, or harmful to anyone, but especially to children;
Deleting or revising any material posted by any other person or entity;
If you have a password allowing access to a non-public area of our Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose;
Harming minors in any way;
Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity.

Halfmoon Defense LLC does not knowingly collect identifiable information from anyone under thirteen years of age.

8. Registration and Passwords: If you register on our Site, you agree to provide accurate and complete information about yourself and to maintain and update such information so it remains accurate and complete following registration. Failure to provide accurate and complete information or to update such information shall be adequate grounds for us to either suspend or terminate your account.

Upon completing the registration process, you will receive a password and user name. You are responsible for maintaining the confidentiality of your password and user name and are responsible for any activities that occur under your password and user name.

9. Accuracy of Content and Pricing Information: Because prices, product descriptions and availability can change quickly, we do not warrant the accuracy or completeness of the information provided on the Site. Also, Halfmoon Defense LLC may make changes to the information contained herein, including to the products and prices described in the site, at any time, without prior notice to you (including after you have submitted your order). Information at this Site is periodically updated, but it may not be current or complete at the moment you visit this Site and may contain errors or inaccuracies. In no event shall we be liable to you in any manner whatsoever for any decision made by you, or for any act or failure to act by you, in reliance upon information provided at this Site.

Items in your shopping cart will reflect the most recent price displayed on the item’s product detail page. Prices are frequently updated to adjust for different sales, limited pricing, and other discounting. Therefore, prices on the product detail page and in your cart may change after such updates to reflect the current prices. Placing items in your cart does not reserve the current prices shown at that time, and prices are reserved only by placing an order. From time to time, despite our efforts, a small number of the items on our website may be mispriced. Please note that such errors or inaccuracies may be related to product descriptions, pricing and availability. In the event of a pricing error, we will take one of the following options: (1) If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item; or (2) if an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We apologize for any inconvenience.

10. Disclaimer of Warranties: THE INFORMATION ON THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, HALFMOON DEFENSE LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE INFORMATION ON THIS SITE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, in which case any implied warranties shall be limited to the minimum scope and period permitted by law.

11. Limitation of Liability: IN NO EVENT SHALL HALFMOON DEFENSE LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION ON OUR SITE. OUR TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS AND THE USE OF THE SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED $1,000. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

12. Governing Law: This terms and conditions shall be governed by and construed in accordance with the internal laws of the state of Texas applicable to terms and conditions made and to be performed in such state without regard to conflicts of law principles thereof that would apply the laws of any other state.

13. Acceptance: By virtue of making a purchase you acknowledge that you are aware of your local laws at the time of purchase having in mind some of our products might be restricted in some areas.

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