Terms and Conditions of Service
Thank you for visiting us at EverydayCarry.com!
1. IMPORTANT SAFETY INFORMATION AND DISCLAIMER
Be advised that there may be products represented by our Service whose sale, possession or interstate transportation may be restricted, prohibited or subject to special licensing requirements. Users should consult law enforcement agents in their geographic area for information and guidance. All of the information on this Service is based on the personal experiences of individuals who may be using products, equipment, and tools under conditions that may not be explicitly reported or that EDC has not separately verified. EDC specifically disclaims all warranty as to the accuracy or reliability of any information provided by our Service. No information contained on this Service is intended to or does serve as an instruction for the use of any product or the carrying out of any procedure. Users should carefully review and understand all applicable manufacturers’ instructions prior to handling any gun, gun product, or knife, and users should carefully follow all gun and knife safety instructions and other warnings intended to prevent personal injury and property damage. Failure to follow all safety protocols may result in serious harm to the users and others. All users agree to assume full liability for any injury, damage, or other harm that may result from their actions taken in connection with this Service, and agree to release EverydayCarry, LLC in full for all such liability.
2. USING EverydayCarry.com
a. Who Can Use EDC;
You may use this Service solely for personal and non-commercial purposes only and subject to these Terms, all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject. You agree that we may automatically upgrade or update the Service, and that these Terms will continue to apply to such upgrades or updates.
You may use the Service without registration, but in order to take advantage of some aspects of the Service, you will need to register for an account. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract. You also agree to provide us with accurate and complete information. EDC is concerned about the safety and privacy of all of its users, particularly minor children. Please remember that the Service is designed to appeal to a broad audience. Accordingly, if you are the legal guardian of a minor child, it is your responsibility to determine whether any of the Service areas and/or User Content (as defined in Section 3 below) are appropriate for your child.
b. EDC’s License to You;
Subject to these Terms and our policies, EDC grants to you a limited, non-exclusive, non-transferable, and revocable license to use our Service.
3. YOUR CONTENT
a. Posting Content/Acceptable Use Policy;
EDC allows you to post content including photos, comments, links to other websites, and other materials. Anything that you post or otherwise make available on our website or with regard to our Service is referred to as "User Content." You retain all rights in the User Content that you post to EDC.
You are solely responsible for the User Content, information and other materials that you post on the Service or transmit to other users and agree that you will not hold EDC responsible or liable for any User Content from other users that you access on the Service.
Categories of prohibited User Content below are merely examples and are not intended to be exhaustive. EDC will make the sole determination as to whether or not any User Content is acceptable for the Service. Without limitation, you agree that you will not post or transmit to other users any User Content that:
• is defamatory, abusive, obscene, profane or offensive;
• infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service);
• violates any party’s right of publicity or right of privacy;
• is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• promotes or encourages violence;
• is inaccurate, false or misleading in any way;
• is illegal or promotes any illegal activities;
• promotes illegal or unauthorized copying of another person’s copyrighted work or links to them or providing information to circumvent security measures;
• contains “masked” profanity (i.e., F*@&#)
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or that
• contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
You may not include in your member profile or User Content any telephone numbers, street addresses, last names, email addresses, employment information, or any other non-public information of any third party.
EDC is under no obligation to screen or monitor User Content, but may review User Content from time to time at its sole discretion to review compliance with this Acceptable Use Policy. EDC will make all determinations as to what User Content is appropriate in its sole discretion. We may include, edit or remove any User Content at any time without notice.
You understand that when using the Service, you will be exposed to User Content from a variety of sources, and that EDC is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable. If you do so object, you should not use the Service.
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Service or attempt to exceed the limited authorization and access granted to you under these Terms.
b. Termination of Access to Service;
In addition to any right or remedy that may be available to us under these Terms or applicable law, EDC may suspend, limit or terminate your account, or all or a portion of your access to the Service at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 3 and 8-13 of these Terms. Additionally, we may refer any information on illegal activities, including your identity, to the proper authorities.
c. How EDC and Other Users Can Use Your Content;
You hereby grant to EDC and our other users a perpetual, non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, redact, re-post, reproduce, modify, perform, create derivative works of and from, and distribute your User Content and screen name, including any intellectual property contained therein, on the Service or in any medium now known or hereinafter developed without payment or compensation to you and without seeking any further approval from you. This will be done solely for the purpose of operating the website, providing services for the website and for further developing and using the Service. Nothing in these Terms shall be construed as to restrict other legal rights that EDC may have with regard to User Content (such as under any other possible licenses, for example). EDC reserves the right to remove or modify any User Content for ANY reason, including User Content that EDC believes may violate or does violate our Terms and policies.
d. How Long EDC Keeps User Content;
Following termination or deactivation of your account, and regardless of whether any User Content was previously removed by you or EDC from the EDC website, we may retain your User Content for a commercially reasonable period of time for purposes of backup, archival, or audit. Furthermore, EDC and our remaining users may retain and continue to use, store, display, reproduce, re-post, modify, create derivative works of and from, and distribute any of your User Content that EDC and our remaining users have stored or shared through the Service.
e. Feedback Provided by You;
We at EDC value our users and we look forward to hearing from you and are always interested in learning about ways we can improve. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, EDC does not waive any rights to use similar or related feedback previously known to EDC, or developed by its employees, or obtained from sources other than you.
From time to time, EDC may run certain contests or sweepstakes. Each such contest or sweepstakes will have its own rules and conditions, which shall be in addition to these Terms. Participation in any such contest or sweepstakes requires your acceptance of such rules and conditions.
5. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
Materials may be made available via the Service by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Service.
If you believe any materials on the Service infringe a copyright, you should provide us with written notice that at a minimum contains:
1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3) Identification of the material that is claimed to be infringing 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 us to locate the material;
4) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5) A statement that the complaining party has 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) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
7. THIRD-PARTY LINKS, SITES, AND SERVICES
The Service may contain links to third-party websites, advertisers, affiliate advertisers, services, special offers, or other events and activities that are not owned or controlled by EDC. We do not endorse or assume responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, advertiser, affiliate advertiser, offer, event, activity or content through the EDC website, you are doing so at your own risk and you agree that EDC will have no liability arising from your use of or access to any third-party website, service, or content.
You agree to defend, indemnify and hold harmless EDC, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) any breach by you of any of these Terms, (ii) your User Content, (iii) your use of materials or features available on the Service, or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
The Service and all included content are provided on an “AS-IS” basis without warranty of any kind, whether express or implied.
EDC SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE.
EDC takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits through our Service. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
10. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EDC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) THE CONDUCT OF ANY THIRD PARTY OR THE CONTENT POSTED ON OR UPLOADED TO THE SERVICE BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR POSTINGS; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR USER CONTENT.
IF ANY PART OF THE ABOVE DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON OR IF WE ARE OTHERWISE FOUND TO BE LIABLE TO YOU IN ANY MANNER FOR YOU USE OF THE SERVICE, THEN OUR AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES SHALL NOT EXCEED THE LESSER OF (I) THE AMOUNT PAID BY YOU FOR YOUR USE OF THE SERVICE DURING THE PRIOR TWELVE (12) MONTHS; OR (2) TWENTY-FIVE U.S. DOLLARS (USD $25.00).
For any claim that you may have with EDC, you agree to contact us first in writing within one (1) year of the date that such claim first arose, or such claim is forever waived by you. You agree that we will first attempt to resolve the claim informally. We each agree to negotiate any claim in good faith. However, if EDC is unable to resolve the claim with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of, in connection with, or relating to these Terms, through binding arbitration. The American Arbitration Association ("AAA") will arbitrate all claims or disputes and will adhere to the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless otherwise agreed to by you and EDC, the arbitration will be conducted in the county chosen by EDC. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that EDC will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.
You agree that by entering into these terms, you and EDC are each waiving the right to a trial by jury. Additionally, we each agree that any claims or proceedings will be conducted only on an individual basis. Neither you, nor any other user can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding. Unless otherwise agreed, the arbitrator may not consolidate more than one person's claims.
12. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by the laws of the State of Florida, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Miami-Dade County, Florida or the United States District Court for the Southern District of Florida, for any actions not subject to Section 11 (Arbitration).
The Service is controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.
13. GENERAL TERMS
a. Notification Procedures and changes to these Terms;
EDC reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. EDC may revise these Terms from time to time and the most current version will always be posted on our website. It is your sole responsibility to familiarize yourself with the Terms contained on our website. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Service.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by EDC without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void.
c. Entire Agreement/Severability;
d. No Waiver;
No waiver of any portion of these Terms shall be deemed a further or continuing waiver of such term or any other term contained herein, and EDC’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
To issue a DMCA notice or to report a violation, you may send us a DMCA notification.