Terms and Conditions

Welcome to Daily Tactical! By using the Internet site located at www.DailyTactical.com (the “Site”) or any services provided in connection with the Site (the “Service”), you (“you” or “User”) agree to abide by these Terms of Service, as they may be revised by Daily Tactical, the operator of the Site, from time to time in Daily Tactical’ sole discretion. If the revision, in Daily Tactical’ sole discretion, is material Daily Tactical will post a prominent notice on the Site for a minimum of thirty (30) days following the posting date of the revised Terms of Service. It is your responsibility to review these Terms of Service periodically, and if at any time you find these Terms of Service unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS BINDING AGREEMENT.

 

In some instances, both these Terms of Service and a separate document that provides additional conditions may apply to a Service  or level of access offered via the Site (“Additional Terms”). To the extent there is a conflict between these Terms of Service and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.  THESE TERMS OF SERVICE ALONG WITH ANY APPLICABLE ADDITIONAL TERMS CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES.

 

1.     PERMITTED USES. Daily Tactical promotes and markets certain products and services on behalf of third-party, merchant users (“Merchants”).  Products and services may be purchased by you directly from Merchants using the Site, subject to these Terms of Service, as well as the terms of the offer disclosed to you at the time of purchase. Merchants are responsible for all aspects relating to fulfillment of the offer, not Daily Tactical. Use of the Services is void where prohibited. You must be 18 years old and able to form a legally binding contract to be eligible to use Daily Tactical’ Services. Certain areas of the Site may require you to create an account with Daily Tactical or may otherwise ask you to provide information to participate in certain features or access certain content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain content or Services, or participate in certain features of the Site.

 

2.     ACCOUNTS. You are required to create an account in order to make a purchase through the Site. When you create your account, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a username and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Daily Tactical immediately of any unauthorized use of your account, username, or password. Daily Tactical will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Daily Tactical, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password or your improper use of the Site, and Daily Tactical may pursue any and all available legal actions. Daily Tactical reserves the right to cancel, suspend, or deactivate accounts in its sole discretion and without liability.

 

3.     USE OF SOFTWARE. Daily Tactical may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying Daily Tactical data (collectively, “Software”) are deemed to be licensed to you by Daily Tactical, for your personal, noncommercial, home use only. Daily Tactical does not transfer either the title or the intellectual property rights to the Software, and Daily Tactical retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software; decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form; perform meta-searches of the website or the service; or send automated queries to the website or the service. All trademarks and logos are owned by Daily Tactical or its licensors and you may not copy or use them in any manner.

 

4.     DAILY TACTICAL’ RESPONSIBILITIES. Daily Tactical, through the Site, provides a platform for users to buy goods and services from Merchants. Daily Tactical is responsible for the operation of the Site. The Merchant is the seller of the goods or services purchased through the offers made available on the Site. Merchants are established businesses (both small and large) whose performances are monitored to ensure that users receive the appropriate Daily Tactical level of service. These Merchants list their items directly and assume responsibility for all aspects of their product listings including product descriptions, identification of quantities, establishment of prices, shipping, returns, and refunds. Although Daily Tactical does not own, warehouse, ship or otherwise manage any inventory or goods offered by Merchants, those Merchants who do not meet Daily Tactical' service standards can and will be removed from listing products on the Site. Daily Tactical handles all payment processing for orders from these Merchants, as well as the assistance in providing a positive experience with the Site and Service.

 

5.     USER CONTENT. You grant Daily Tactical a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Daily Tactical, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Daily Tactical, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Daily Tactical may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute the User Content, the User Content will not cause injury to any person or entity; and that you will indemnify Daily Tactical for all claims resulting from the User Content you supply.  Daily Tactical has the right but not the obligation to monitor and edit or remove any User Content. Daily Tactical takes no responsibility and assumes no liability for any content posted by you or any third party. You take sole responsibility for all content that you post to the Site or through the Services and the consequences of posting that content.

 

6.     OWNERSHIP OF SITE.The content and information on the Site and Service, as well as the infrastructure used to provide both, is proprietary to Daily Tactical, its Users, Merchants and other partners. Daily Tactical grants you a limited, personal, nontransferable, nonexclusive, revocable license to access and use the Site pursuant to these Terms of Service and to any Additional Terms and policies set forth by Daily Tactical. You agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell or re-sell any data, content, information, software, products or services obtained from or through the Site without the express permission of Daily Tactical. In addition, you may not make any use that exceeds or violates these Terms of Service. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Daily Tactical or by any third party.

 

7.     COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any User Content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any User Content you provide or transmit, or that is provided or transmitted using your account. The burden of proving that your User Content does not violate any laws or third party rights rests solely with you.

 


8.     INAPPROPRIATE CONTENT. You shall not make the following types of User Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any User Content that:

  1. 1. is libelous, defamatory, obscene, pornographic, abusive, or threatening; or
  2. 2. advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation.

Daily Tactical reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Daily Tactical intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Service or of any applicable laws.

 

9.     COPYRIGHT INFRINGEMENT. Daily Tactical has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Daily Tactical has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Daily Tactical or of a third party, or otherwise violated any intellectual property laws or regulations. Daily Tactical’ policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Daily Tactical to delete, edit, or disable the material in question, you must provide Daily Tactical with all of the following information:

  1.  
    1. 1. a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
    2. 2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
    3. 3. identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Daily Tactical to locate the material;
    4. 4. information reasonably sufficient to permit Daily Tactical to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
    5. 5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. 6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Daily Tactical designated agent at:

Daily Tactical

Attn: DMCA Complaint

[email protected]

 

10.  ALLEGED VIOLATIONS. Daily Tactical reserves the right to terminate your use of the Service and/or the Site. To ensure that Daily Tactical provides a high quality experience for you and for other users of the Site and the Service, you agree that Daily Tactical or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Daily Tactical does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Daily Tactical reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Daily Tactical believes that you have violated any of the Terms of Service, furnished us with false or misleading information, or interfered with use of the Site or the Service by others.

 

11.  OFFER DESCRIPTIONS AND PRICING. The description of a good or service featured in an offer on the Site is supplied by the Merchant making the offer. Daily Tactical does not warrant that product descriptions or other content supplied by the Merchant is error-free.  If a product made available on the Site is not as described by the Merchant, you agree to resolve the dispute directly with the Merchant. Except where noted otherwise, the value displayed for the goods or services described in an offer on the Site is provided by the Merchant and represents the full retail price of goods or services, as suggested by the manufacturer or supplier, estimated in accordance with standard industry practice, or estimated in accordance with comparable goods or services offered elsewhere. The value is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.

 

12.  TERMS OF SALE. The Merchant must sell the good or service described in its offer to any User who elects to purchase the good or service through the Merchant’s offer. Daily Tactical does not act as agent for either you or the Merchant for any purpose. The “BUY NOW” election available in the offer is a legal offer to buy the good or service displayed. Once the transaction closes, both you and the Merchant are obligated to complete the transaction. By accepting these Terms of Service and making a purchase, you agree to complete the transaction as described by these Terms of Service, you acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable. If a purchased good is being shipped to a state in which sales tax liability exists, the Merchant must charge sales/use tax on the transaction. You agree that it is the user and the Merchant’s responsibility to determine whether sales or use taxes apply to the transactions and to collect, report and remit the correct tax to the appropriate tax authority. You also agree that Daily Tactical is not obligated to determine whether sales or use taxes apply and is not responsible to collect, remit or report any sales or use taxes arising from any transaction. Because Daily Tactical is not the seller in the actual transaction between a Merchants and a User and is not the agent of either for any purpose, Daily Tactical does not have a duty to resolve and will not be involved in resolving any disputes between participants related to or arising out of any such transaction.

 

13.  SHIPPING POLICY.

FOB Origin
All items ships FOB Origin, which means that once we have safely delivered it into the hands of UPS, the Postal Service, FedEx, or another carrier, we are not responsible for any damage, loss or other non-delivery or miss-delivery issues (it does happen, although rarely). We will gladly work with you to help you sort out any problem and to facilitate delivery, but once it is out of ours hands we can no longer be responsible for your item(s). We recommend purchasing the optional insurance if you are concerned about your package.

Address Accuracy and Address Correction:
Our systems automatically ship to the address you provide during checkout. Please ensure its accuracy. We also reserve the right to pass along to you any fees assessed by the carrier to address-correct your package once it is underway. If you provide an inaccurate address or your package is refused or returned for any reason that is not our fault, we will not refund you the shipping costs and may assess an additional charge if the carrier charges us to return the item to us (a common UPS practice). If you want us to re-ship your item, you will have to pay shipping costs a second time. If you do not want it re-shipped, we will treat your package as if it was a return.

Free Shipping Promotions
We occasionally offer free shipping promotions. Free shipping applies ONLY to domestic U.S. shipping addresses and may not include Hawaii, Alaska, Puerto Rico, APO and other address outside the lower 48 states. If you return an item that was shipped with free shipping, we will deduct the cost of shipping that item from the amount of your refund.


14.  NO WARRANTIES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DAILY TACTICAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY DAILY TACTICAL ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DAILY TACTICAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, DAILY TACTICAL' SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM DAILY TACTICAL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

 

15.  LIMITED LIABILITY. DAILY TACTICAL’ LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DAILY TACTICAL BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY DAILY TACTICAL. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. MERCHANTS OFFERING PRODUCTS AND/OR SERVICES THROUGH THE SITE ARE NOT AGENTS OR EMPLOYEES OF DAILY TACTICAL. DAILY TACTICAL AND ITS EMPLOYEES ARE NOT AGENTS OF THE MERCHANTS OFFERING PRODUCTS VIA THE SERVICES AND ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH MERCHANTS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

16.  THIRD-PARTY SITES. Daily Tactical has no control over, and no liability for any third-party websites or materials (“Third-Party Sites”). Daily Tactical works with a number of Merchants, partners and affiliates (collectively, “Third Parties”) whose Internet sites may be linked with the Site. Because neither Daily Tactical nor the Site has control over the content and performance of these Third-Party Sites, Daily Tactical makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Daily Tactical assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on Third-Party Sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by Third Parties (“Third-Party Content”). You acknowledge and agree that Daily Tactical makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of Third-Party Content, and that, unless expressly provided otherwise, these Terms of Service shall govern your use of any and all Third-Party Content.

 

17.  PROHIBITED USES.Daily Tactical imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation:

  1. accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
  2. attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
  3. interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
  4. using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
  5. forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; 
  6. attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Daily Tactical in providing the Site or Service;  
  7. uploading viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to the Site or on the Services;
  8. using metatag searches of the website or the service; or
  9. creating a false identity for the purpose of misleading others. Any violation of system or network security may subject you to civil and/or criminal liability.

 

18.  ELECTRONIC COMMUNICATIONS. When you use any Daily Tactical Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. Daily Tactical will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Daily Tactical provides to you electronically satisfy any legal requirement that such communications be in writing.

 

19.  INDEMNITY. You agree to indemnify Daily Tactical for your acts and omissions. You agree to indemnify, defend, and hold harmless Daily Tactical, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Daily Tactical will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

 

20.  GOVERNING LAW. These Terms of Service shall be construed in accordance with and governed by the laws of the United States and the State of Utah, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Davis County, Utah, USA in all disputes arising out of or related to the use of the Site or Service.

 

21.  SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Service to be unenforceable, then that provision shall be deemed to be restated to reflect as nearly as possible the original intention of the parties in a manner that is legally enforceable, and the validity and enforceability of  all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Service shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

 

22.  MODIFICATIONS. Daily Tactical may, in its sole discretion and without prior notice:

  1. revise these Terms of Service;
  2. modify the Site and/or the Service; and
  3. discontinue the Site and/or Service at any time. Daily Tactical shall post any revision to these Terms of Service to the Site, and the revision shall be effective immediately on such posting.

You agree to review these Terms of Service and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

 

If you have questions about these terms, please contact Contact us

 

last updated August 13, 2015