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Terms of Use, Legal Notices and Privacy Policy
Ares Defense Systems, Inc. (“Ares Defense”) operates www.aresdefense.com and www.shrike556.com, collectively the (“Website”) to provide information about Ares Defense and its products, services, business and employment opportunities, legal notices and our privacy policy. Upon your first access or use of the Website and each time thereafter, you agree to each of the terms and conditions set forth herein, collectively the (“Terms of Use”). The Terms of Use govern your access to the Website and your use of the content, images, information and substance of the Website. These Terms of Use are referred to as this (“Agreement”).
Ares Defense reserves the right to modify this Agreement at any time and without providing notice. Your access to or use of the Website following any such modification constitutes your agreement to be bound by the Agreement as modified.
1. Acceptance of Terms of Use and Amendments
Each time you use or cause access to this Website, you agree to be bound by these Terms of Use, and as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this Website, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Use. Please see our Privacy Policy, which is incorporated into these Terms of Use by reference.
2. Our Service
Our Website and services are provided to you on and through our Website on an "AS IS" basis. You agree that the owners of this Website exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this Website and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.
3. Your Responsibilities and Registration Obligations
In order to use this Website, you must be at least the age of eighteen (18) or older.
4. Privacy Policy
Personal data and other personally identifiable information that we may collect are to help us to better serve our customers. We may use personal information to facilitate the development of new products and services relevant to consumers like you and within our industries, and we may collect personal data such as your name, mailing address, telephone number and email address. We reserve the right to share information that we collect with companies who work on our behalf such as business partners and we may share information with business transfers, joint ventures and in cooperation with law enforcement to comply with any law, regulation or court order. We do not sell or distribute private information to “mailing lists”, “spammers” or other bulk information brokers.
5. Registration and Password
Some parts of the Website may require registration, a user account or a password. Where applicable, you are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us in writing of any unauthorized use or your registration, user account or password.
6. User’s Conduct
You agree that all information or data of any kind, whether text, photographs, images, or graphics, video or other materials ("Content"), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account if applicable is used. You agree that our Website may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this Website nor for any error or omission.
You explicitly agree, in accessing or using this Website or any service provided, that you shall not: (a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this Website or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law; (b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you; (c) collect or harvest any data about other users; (d) provide or use this Website and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, or any other form of unauthorized advertising without our prior written consent; (e) provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.
7. User Supplied Information
Ares Defense does not want to receive confidential or proprietary information from you through our Website. By accessing or using the Website, you agree that any material, information, or data that you transmit to us via the Website will be considered non-confidential and non-proprietary. If you supply or post any information, images or material to our Website, you guarantee to us that you have the lawful and legal right to transmit such information or material and that it will not violate any law or the rights of any person, firm or entity. By providing any Content to our Website (a) you agree to grant to Ares Defense a worldwide, royalty-free, perpetual, non-exclusive right and license including any moral rights or other necessary rights to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed; (b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth herein; (c) you acknowledge and agree that we shall have the right but not obligation, in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.
8. Links to Third Party Services
Goods and services of third parties may be advertised and/or made available on or through this Website. Links on our Website to third party sites or other information are provided solely as a convenience to you. Representations made regarding products and services provided by third parties are governed by the policies and representations made by such third parties. Ares Defense shall not be liable for or responsible in any manner for any of your dealings or interactions with third parties. Such third party advertisements or links do not constitute or imply an endorsement, recommendation or sponsorship by Ares Defense of the third party, the third party site or for any information-contained therein.
9. Indemnification
You understand and agree that you are personally responsible for your conduct and behavior on and with respect to our Website. You agree to indemnify and hold harmless Ares Defense, its subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this Website or service, your provision of Content, your violation of this Terms of Use or any other violation of the rights of another person or party.
10. Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
ARES DEFENSE MAKES NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER ARES DEFENSE NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.
11. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE, THE CONTENT OR THE SERVICE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE CONTENT, THE SERVICE OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
IN SOME JURISDICTIONS IT IS NOT PERMITTED TO LIMIT LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND THEREFORE SUCH LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, ARES DEFENSE’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT EXCEED $100.00.
12. Reservation of Rights
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our Website, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our Website or service without our prior written consent.
13. Notification of Copyright Infringement
If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, notifications of claimed copyright infringement should be sent to the following address:
Ares Defense Systems, Inc. P.O. Box 10667 Blacksburg, Virginia 24062 USA
14. Applicable Law
You agree that this Terms of Use and any dispute arising out of your use of this Website or our products or services shall be governed by and construed in accordance with the laws of the State of Virginia USA, without regard to any conflict of law provisions. By accessing, registering or using this Website and service you consent and submit to the exclusive jurisdiction and venue of Montgomery County, Virginia USA
15. Miscellaneous Information
(i) In the event that this Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact; (ii) The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of any that party's right and that right will remain in full force and effect; (iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this Website or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations under this Terms of Use and we shall be relieved of any further obligation.
16. Legal Notices
Ares Defense Systems, Inc. is registered with the Directorate of Defense Trade Controls (DDTC), Bureau of Political-Military Affairs, in accordance with 22 U.S.C. 2778-2780 of the Arms Export Control Act (AECA) and the International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-130). Ares Defense Systems, Inc. possesses current Federal Firearms Licenses (18 U.S.C. Chapter 44) in accordance with the provisions of Title I, Gun Control Act of 1968 and the regulations issued thereunder (27 CFR Part 178), issued by the Department of the Treasury – Bureau of Alcohol, Tobacco, Firearms and Explosives. Ares Defense Systems, Inc. pays an annual Special Occupational Tax to the Department of the Treasury – Alcohol and Tobacco Tax and Trade Bureau for the manufacture of National Firearms Act firearms.
All ARES Defense products are manufactured, sold and transferred in accordance with current Federal Firearms Regulations as regulated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, International Traffic in Arms Regulations (ITAR) as regulated by the Directorate of Defense Trade Controls of the United States Department of State, and the firearm laws of the Commonwealth of Virginia as regulated by the Virginia Department of State Police.
ARES Defense Systems, Inc., has entered into a settlement agreement with Mag Instrument, inc., whereby ARES Defense Systems, Inc. is obligated to desist, permanently, from modifying Mag Instrument® flashlights into firearms and from selling, offering for sale, distributing and advertising Mag Instrument® flashlights that have been so modified. The agreement specifically requires ARES Defense Systems, Inc. not to resume the manufacture, sale, distribution or advertising of four products formerly sold by ARES Defense Systems, Inc. -- namely, MAG-LITE® 4D flashlights that would chamber and fire a .410 gauge shotgun shell and MINI MAGLITE® 2AA flashlights that would chamber and fire a .380 ACP or .22 LR or .25 ACP pistol round. Mag Instrument has never been in any way affiliated with or related to ARES Defense Systems, Inc. Mag Instrument has never sponsored, approved, condoned, or endorsed the use of Mag Instrument® flashlights as firearms. Mag Instrument® products are not intended to be used as firearms.
17. Patents & Trademarks
The following patents are licensed to Ares Defense Systems, Inc. and it retains all patent, trademark and other rights including exclusive right of use, manufacture and sale: US Patents No. 6,634,274 and 6,681,677 and 6,681,677 and 6,851,346. The following trademarks are associated with the Shrike 5.56 – Advanced Weapons System™ and are exercised exclusively by Ares Defense Systems, Inc.: Shrike 5.56 – Advanced Weapons System™ and Shrike 5.56™ and Shrike 5.56-SC™ and Shrike 5.56-S™ and Shrike 5.56-C™ and Shrike 5.56-CQB™ and Shrike 5.56-DM™ and Shrike 5.56-AMG™ and Shrike 5.56-LMG™ and ARES-15™ and ARES-16™ and ARES-15SPW™ and ARES-16SPW™ and Mag-Well Adapter™ and GSR-35™ and Black Lightning™.