AIMPOINT INC. DEALER ONLINE STORE
TERMS AND CONDITIONS
Effective Date: November 1, 2020
By accessing and using the Aimpoint Inc. Dealer Online Store (the “Aimpoint Dealer Store”), you agree to comply with the Terms and Conditions included in this document (“Terms”). These Terms together with: our Privacy Policy and Export Restrictions Notice, hereby incorporated by reference, the terms and conditions included in the 2020 Aimpoint Inc. Dealer Agreement and official company price lists, and any additional terms provided at time of purchase are legally binding and represent the entire agreement (the “Agreement”) concerning your use of the Aimpoint Dealer Store. If you do not agree with these Terms, or any aspect of the Agreement, do not access or otherwise use the features of the Aimpoint Dealer Store. These Terms supersede all other terms and conditions, whether oral or written, and all other communications or understandings with respect to the Aimpoint Dealer Store or products purchased therefrom.
These Terms of sale and the features of the Aimpoint Dealer Store are subject to change from time to time without notice at the sole discretion of Aimpoint Inc. Please refer to this page periodically for the most up to date Terms. Your use of the Aimpoint Dealer Store following any modifications to these Terms will constitute your agreement to the modified Terms.
If you have any questions about these Terms, please contact us at sales@aimpoint.us.
General Use
By using the Aimpoint Dealer Store, you represent, acknowledge and agree that you are an authorized reseller of Aimpoint Inc. Products and are at least 18 years of age. Otherwise, do not use the Aimpoint Dealer Store or submit any information via this website.
Orders
When placing an order via the Aimpoint Dealer Store, you will be asked to provide certain personal information which must be current, complete and accurate in order to process your order. You acknowledge and agree that you are not purchasing Aimpoint Inc. products with the intent to re-sell any such products to any other commercial entities including other dealers, distributors, or wholesalers. Retail sales only.
The export of any Aimpoint products outside of the United States is prohibited without prior written permission from Aimpoint, and then only in compliance with an approved export license issued by the U.S. Dept. of Commerce or U.S. State Department, as applicable. For further information, please refer to our Export Restrictions Notice.
Please refer to the Aimpoint Unilateral Minimum Advertised Price Policy for important information regarding the authorized advertising of Aimpoint products.
Aimpoint Inc. reserves the right to reject, or modify aspects of, any orders placed through the Aimpoint Dealer Store and will notify you by contacting the email, billing address, or phone number provided at the time the order was made. Products will be invoiced at prices in effect at the time an order is accepted by Aimpoint Inc. Prices, terms, and conditions of sale are all subject to change without notice. Aimpoint Inc. reserves the right to correct any errors in any company price list issued to you as an authorized dealer. Prices, terms, and conditions incorporated into the most recent price list provided shall supersede all previously communicated prices and offers.
Shipping and delivery dates are estimates only and cannot be guaranteed. Aimpoint Inc. is not liable for any delays in shipments. For further details, please refer to the Shipping and Delivery Policy: https://b2b.aimpoint.us/shipping-delivery/. Should you need to return a product purchased from the Aimpoint Dealer Store, please refer to the Return Policy: https://b2b.aimpoint.us/return-policy/
Intellectual Property
You acknowledge and agree that the information and content you access through the Aimpoint Dealer Store including, but not limited to, trademarks, graphics and logos, is the property of Aimpoint Inc. and/or its licensors. Aimpoint Inc. trademarks and copyrights are protected by United States and international trademark, copyright, and other intellectual property right laws. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted or trademarked material on the Aimpoint Dealer Store is strictly prohibited without the express written consent of Aimpoint Inc.
Disclaimer of Warranties
EXCEPT AS EXPRESSLY SET FORTH IN A PRODUCT OR SERVICE DESCRIPTION ON THE AIMPOINT DEALER STORE WEBSITE, ALL AIMPOINT INC. PRODUCTS AND SERVICES PROVIDED THROUGH THE AIMPOINT DEALER STORE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR GUARANTEES (WHETHER EXPRESS, IMPLIED OR STATUTORY) INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, (2) WITH RESPECT TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE INFORMATION OR MATERIAL ON THE AIMPOINT DEALER STORE WEBSITE, OR (3) THAT ACCESS TO THE AIMPOINT DEALER STORE WEBSITE AND THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NOTHING ON THE AIMPOINT INC. WEBSITE CONSTITUTES BUSINESS, TECHNICAL OR ANY OTHER PROFESSIONAL ADVICE TO WEBSITE USERS OR CUSTOMERS.
Limitation of Liability
AIMPOINT INC. WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF, OR RELATING TO, USE OF THE AIMPOINT DEALER STORE OR PRODUCTS PURCHASED THEREFROM OR ANY OTHER PERFORMANCE UNDER, OR PURSUANT TO THESE TERMS.
IN NO EVENT SHALL AIMPOINT INC., ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE AIMPOINT DEALER STORE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF AIMPOINT INC. OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME U.S. STATES DO NOT RECOGNIZE THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW
Submissions
Aimpoint Inc. will not consider unsolicited submissions containing product ideas, photos or digital images, written materials, concepts or similar communications. Subject to the limitations set forth in our Privacy Policy: (1) any submissions or communications you send to Aimpoint Inc. will automatically become the property of Aimpoint Inc. without any compensation to you, (2) Aimpoint Inc. may use the content of your submissions for any purpose and (3) Aimpoint Inc. is not subject to confidentiality obligations with respect to such unsolicited submissions.
Assignment
Aimpoint Inc. may assign its rights and obligations under these Terms without your consent. You may not assign any of your rights and obligations pursuant to these Terms without the prior written consent of Aimpoint Inc.
Accessibility
Accessibility, diversity and inclusion are important to Aimpoint Inc. and implementing, to the extent possible, the standards set forth in the Web Content Accessibility Guidelines (WCAG) version 2.1 or other standards to the extent required by the Americans with Disabilities Act ("ADA") is ongoing. If you have specific questions or concerns about the accessibility of a page or feature of our Aimpoint Dealer Store website, or if you have any difficulty accessing or using our website, please contact us toll-free at 1-877-246-7646 or at sales@aimpoint.us. We will make reasonable efforts to identify the issue and make our website more accessible to you.
Indemnity
User agrees to indemnify Aimpoint Inc. against any and all claims and expenses, including attorneys' fees, arising from your use of the Aimpoint Dealer Store website or breach of the Agreement.
Severability
If any provision herein shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Governing Law
You acknowledge and agree that the content and information featured on the Aimpoint Dealer Store website is controlled in and originates solely from the United States. Aimpoint Inc. makes no representation that the Aimpoint Dealer Store is available for access or use in other locations and accepts no responsibility for any unintended access to this website.
Any claim relating to the use of the Aimpoint Dealer Store shall be governed by the laws of the State of Virginia, without regard to its conflicts of laws rules. You expressly consent to the jurisdiction of the state and federal courts of Virginia for any such claim.