a. Description. Radetec’s Services are proprietary and are protected by intellectual property laws and international intellectual property treaties. USER ACKNOWLEDGES THAT PURCHASES VIA RADETEC’S WEBSITE ARE GOVERNED BY THIS AGREEMENT, AND THAT PURCHASE AND USE OF DEVICES ARE AT THE USER’S OWN RISK.
By using the Services, you agree not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services, use the Services in any way that is unlawful, or harms Radetec, its service providers, suppliers, affiliates, or any other user, distribute or post spam or other unsolicited messages, chain letters, pyramid schemes, or similar communications through the Services, impersonate another person, misrepresent your affiliation with another person or entity, or make any representation to any third party under false pretenses, upload invalid data, viruses, worms, or other software agents to the Services, interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures we may use to prevent or restrict access to the Services, conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, or any other automated activity with the purpose of obtaining information from the Services) on the Services, access or use any of the Services to develop competitive products or services; or attempt to, or permit or encourage any third party to, do any of the above.
b. Limited Warranty. Radetec warrants that (a) its Devices will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt and (b) that the Device will be free from defects in materials and workmanship under normal use and service for a period of one (1) year. In the event applicable law imposes any implied warranties, the implied warranty period is limited to ninety (90) days from the date of receipt. Some jurisdictions do not allow such limitations on duration of an implied warranty, so the above limitation may not apply to the User.
a. Payment. User shall pay Radetec the price listed on its site for its Devices. All payments are in U.S. dollars and are only refundable in advance of shipment of a Device, or at Radetec’s discretion. If we change any price, including by adding fees or charges, we will provide you advance notice of those changes. Our authorized third-party payment processors will charge the payment method you specified at the time of purchase or as agreed. If you pay any fees with a credit card, we may seek pre- authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
b. Collection and Taxes. User shall be responsible for and shall pay Radetec all currency conversion charges, sales, use, value-added, personal property or other tax, duty or levy of any kind, including interest and penalties thereon (“Taxes”), whether imposed now or hereinafter by any governmental entity. User shall promptly pay Radetec in the event of any refusal of User’s credit card issuer to pay any amount to Radetec for any reason. User agrees to pay interest at the rate of 4.5% per month on any outstanding balance, together with costs of collection, including attorney’s fees and costs.
4. USER REPRESENTATIONS
User represents and warrants to Radetec that: (a) User is over the age of eighteen (18) and has the power and authority to enter into and perform User’s obligations under this Agreement; (b) all information provided by User to Radetec is truthful, accurate and complete; (c) User is the authorized signatory of the credit or charge card provided to Radetec or third-party processors of Payment; (d) User shall comply with all terms and conditions of this Agreement, including, without limitation, the provisions set forth at Section 5; and (e) User has provided and will provide accurate and complete personal information, including, without limitation, User’s legal name, email address, and telephone number upon registration or purchase.
5. PROHIBITED USES
User is solely responsible for any and all acts and omissions that occur in the use of Devices, and User agrees not to engage in or authorize others to engage in any unacceptable use of any Devices or engage in any other activity deemed by Radetec to be in conflict with the spirit or intent of this Agreement.
This Agreement is effective upon User’s acceptance as set forth herein and shall continue in full force until terminated. User may terminate this Agreement for any reason by returning any purchased Device or relinquishing access to Services to Radetec. User’s agreement to indemnify Radetec shall survive termination for a period of four (4) years. Radetec reserves the right, in its sole discretion and without notice, at any time and for any reason, to terminate this agreement.
7. DISCLAIMER OF WARRANTIES
OTHER THAN THE LIMITED WARRANTY IN PARAGRAPH 2(B), NO WARRANTY SHALL APPLY TO DEVICES. DEVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, TO THE EXTENT PERMITTED BY LAW. USE OF DEVICES IS AT USER’S SOLE RISK. RADETEC DOES NOT WARRANT THAT ITS DEVICE WILL BE WITHOUT DEFECT, NOR DOES RADETEC MAKE ANY WARRANTY AS TO THE SAFETY OF USING GUNS OR ARMS WITH ITS DEVICES OR ANY OTHER RESULTS THAT MAY BE OBTAINED BY USE OF DEVICES. RADETEC MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO ITS DEVICES.
8. WARNINGS AND LIMITATION LIABILITY
Devices are accompanied by information on their use, safety, and maintenance in the form of a manual or user guide. User acknowledges receipt of such information and agrees to follow the instructions provided by Radetec.
You should understand that the decision you make to carry a firearm, either for sport or for personal defense, is a great responsibility and carries with it a certain amount of risk and potential for injury or death. Therefore, it would be advisable that you seek out and acquire proper training before using any firearm or firearm related product.
By accepting delivery of your Device order you acknowledge and agree that great care should be used when handling, storing, or transporting firearms or when mounting or affixing a Device to a firearm. We strongly recommend a regular practice routine with an unloaded firearm.
Never affix a Device on a loaded firearm. Always double-check to make sure the chamber is empty to properly fit and mount your Device on a firearm. Radetec products are constructed to fit standard factory equipped guns only. Additions such as trigger shoes, extended slide releases, laser sights, or any alteration to the frame or external dimensions of the gun itself may render a Device unsafe and increase the risk of an accidental discharge.
Devices are made individually and specifically to fit a single make and model of firearm. At no time should a firearm other than the make and model of gun for which the Device is made be used with a Radetec product. It is the user’s responsibility to personally check for compatibility using actual products. It is also the user’s responsibility to regularly check Devices and hardware for proper fit and function. This should be done each time the Device or accessory is used. Failure to check the Device’s fit and function may cause negligent discharge. For information on how to safely carry your particular firearm, please refer to your firearm manufacturer’s safety and instruction manual. If any Radetec product becomes worn, loose, or ill-fitting with age you should cease use immediately and contact us for advice regarding proper refitting.
The Four Basic Principles of Safe Gun Handling:
1. Treat every firearm as if it’s loaded.
2. NEVER point a firearm at anything you are not willing to destroy.
3. Keep your finger off the trigger until you are on target and ready to fire.
4. ALWAYS be sure of your target’s foreground and background.
UNDER NO CIRCUMSTANCES SHALL RADETEC BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, ANY DEVICE OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, USER’S USE OR INABILITY TO USE ANY RADETEC DEVICE, ANY CHANGES TO THE DEVICE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF THE DEVICE, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH RADETEC’S WEBSITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL RADETEC’S TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED THE TOTAL PAID BY USER TO RADETEC HEREUNDER. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH ANY RADETEC DEVICE, USER’S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER TO DISCONTINUE USE OF THE DEVICE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 6.
Radetec’s and its suppliers’ entire liability and Customer’s exclusive remedy shall be, at Radetec’s option, limited to either (a) return of the price paid for the Device, or (b) repair or replacement of the Device, provided however that the Device is returned to Radetec with a copy of Customer’s receipt. Radetec’s Limited Warranty is void if failure of the Device has resulted from abuse or misuse. Any replacement Device will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
a. Independent Contractors. The parties and their respective personnel, are and shall be independent contractors and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
b. Amendment. Radetec shall have the right, at any time and without notice, to add to or modify the terms of this Agreement, simply by delivering such amended terms to User by email at the address provided to Radetec by User. User’s access to or use of any Device or Service after the date such amended terms are delivered to User shall be deemed to constitute acceptance of such amended terms.
c. Severability. If any term of this Agreement should be found be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each term or provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
d. No Waiver. The failure of either party to enforce any provision of this Agreement or exercise any right granted hereby shall not be construed to be a waiver of such provision or right nor shall it affect the validity of this Agreement or any part hereof or limit in any way the right of either party subsequently to enforce any such provision or exercise such right in accordance with its terms. All rights and remedies that any party may have at law, in equity or otherwise upon breach of any term or condition of this Agreement, shall be distinct, separate and cumulative rights and remedies and no one of them, whether exercised or not, shall be deemed to be in exclusion of any other right or remedy.
e. Entire Agreement; Modifications. This Agreement contains the entire agreement between the parties hereto with respect to the matters herein, and supersedes any prior agreements or understandings.
f. Governing Laws. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA WITHOUT GIVING EFFECT TO LAWS AND PRINCIPLES RELATING TO CONFLICTS OF LAW. Venue shall be Miami-Dade County, Florida.
g.Headings. The titles of the Sections in this Agreement are for convenience only and shall not be interpreted to limit or otherwise affect the provisions of this Agreement.
h. No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed neutrally as if drafted jointly by the parties hereto, and no presumption or burden of proof shall arise favoring or disfavoring either party hereto by virtue of the authorship of any of the provisions of this Agreement.
i. No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended or shall be construed to give any person other than the parties to this Agreement and their respective heirs, executors, administrators, successors or permitted assigns any legal or equitable right, remedy or claim under or in respect of any agreement or any provision contained herein.
12. RETURN AND EXCHANGE POLICY
Unless the User purchases from a third-party wholesaler or reseller, the User may notify Radetec of material defects within one (1) year from the date of purchase and return any Device to Radetec at User’s expense, with proof of purchase. (Return Period) Radetec, at its option, may repair or replace the product with a similar product of comparable value.
User shall return the product to:
Rade Technology Corp. Attn. Customer Service
8200 NW 27th Street, Suite 115
Doral, FL 33122