Terms and Conditions

This Agreement was last modified on October 28, 2014.

Please read these Terms and Conditions (“Agreement”, “Terms and Conditions”) carefully before using http://www.damagefactory.com(“the Site”) operated by Damage Factory LLC(“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at http://www.damagefactory.com.

By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.

WHO, WHAT, WHERE is Damage Factory?

Who is Damage Factory?

Damage Factory is a Colorado Limited Liability Company started by local firearm hobbyists and veterans.

What is Damage Factory?

Damage Factory LLC is a type 07 Federal Firearm Licensed business with SOT 2 tax permit. Damage Factory in fact is a class 3 manufacturer regulated by the ATF.

Where is Damage Factory?

We are located on 5650 Greenwood Village Blvd ste 135, Greenwood Village, CO 80111.

ITAR and EAR

ITAR (International Traffic in Arms Regulations) and EAR (Export Administration Regulations) Compliance Statement

By ordering any product(s) from DamageFactory.com website, you certify that you, or third-party entities at your direction, will not sell, transport, ship or transfer outside the borders of the United States, nor to any foreign person*, any product(s) which are export-restricted by U.S. export-control law and regulation, without proper U.S. Government export authorization, licensing, and documentation.

Export-restricted items include, but are not limited to, firearms, ammunition, electronic equipment, certain gear and firearm accessories, weapon-mounted or handheld optical equipment including rifle or handgun scopes, night vision and night vision accessories, holographic sight systems, “red-dot” optics, thermal vision, and tactical lights and lasers.

You must indicate on your order if you intend for an item(s) to be exported.  An indication of desire of exportation in no way compels DamageFactory.com to assist with export in any way, before or after purchase of an item(s).  Export, or attempt to export, any controlled or prohibited items outside of the U.S. without complying with U.S. export control regulations can result in severe civil and criminal penalties and/or constitute a federal crime.  DamageFactory.com will not participate in any transaction, directly or indirectly, involving the illegal export or re-export of any prohibited items.

“Foreign Person” under ITAR § 120.16 means “any natural person who is not a lawful permanent resident as defined by 8 U.S.C. § 1101 (a)(20) or who is not a protected individual as defined by 8 U.S.C. § 1324b(a)(3)”, and can mean “any foreign corporation, business association, trust, society, or any other entity or group that is not incorporated or organized to do business in the U.S., as well as international organizations, foreign governments, and any agency or subdivisions of government (e.g. diplomatic missions).”

INVENTORY

Unless it is noted that backordering is available, we will automatically cancel your order and refund your money on out of stock items. Consequently, if someone else with guaranteed funds buys the same item it may become unavailable and we cannot ship one to you. Once you place an order with us we will set your items aside with your name on them only after your order is funded. This is our only way to know you are serious about the order.

ONLINE PRICE & DESCRIPTION ERRORS

Our online inventory changes every day. Occasionally an item may appear on the site by mistake or the item’s description may contain a typographical error. We do not guarantee that titles, descriptions or pictures on our site are error-free. We reserve the right to refuse any order including but not limited to orders for items with errors in the description or price. If DamageFactory.com cancels an order, we will not charge the customer’s credit card or we will return the money.

If an item’s description contains an error such as incorrect price and a customer orders one, we will not process the order without first contacting the customer. If the order is mistakenly shipped, we may advise the customer to return the item in an unopened condition and we will not bill the customer. By placing an order, the customer agrees that DamageFactory.com will be the final arbiter of discrepancies in the online catalog.necessary in order to keep our prices low for our customers.

REFUND, CANCELLATION AND ORDER CHANGE FEES

DamageFactory.com offers a 30 day return and exchange policy.

You must contact DamageFactory.com by phone or email before returning or exchanging any product. After you have placed your order online, or over the phone with a sales associate you will be charged 15% Cancellation/Change fee if you decide to cancel the order or substitute products. You will not be charged any additional fee for adding items to an existing order. By placing an order online or making a phone order with a sales associate you agree to pay this 15% Cancellation/Change fee should you cancel or change your order. Items that are in the original and sealed packages can be returned and subject to a 15% restocking fee, opened or missing original packages may not be returned. We apologize for having to implement these changes, but it is necessary in order to keep our prices low for our customers.

COPYRIGHT

The compilation of all content on this site is the exclusive property of DamageFactory.com and protected by U.S. and international copyright laws. All software used on this site is the property of DamageFactory.com or its software suppliers and protected by United States and international copyright laws.All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of DamageFactory.com or its content suppliers and protected by United States and international copyright laws.

If you believe your work has been copied in a way that constitutes copyright infringement, please contact us immediately at DamageFactory@gmail.com to resolve the matter.

LICENSE & SITE ACCESS

DamageFactory.com grants you a limited license to access and make personal use of this site and not to download or modify it, or any portion of it, except with express written consent of DamageFactory.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of DamageFactory.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of DamageFactory.com and our affiliates without express written consent. You may not use tags or any other “hidden text” utilizing DamageFactory.com name or trademarks without the express written consent of DamageFactory.com. Any unauthorized use terminates the permission or license granted by DamageFactory.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of DamageFactory.com so long as the link does not portray DamageFactory.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any DamageFactory.com logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

It is your responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use DamageFactory.com only with direct involvement of a parent or guardian. DamageFactory.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

E-COMMUNICATIONS

When you visit DamageFactory.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site mail. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

LIMITATION OF LIABILITIES

DamageFactory.com shall not be liable for any special or consequential damages that result from the use, or the inability to use, the materials on this site of the performance of the product, even if DamageFactory.com has been advised of the possible of such damages.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DAMAGEFACTORY.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DAMAGEFACTORY.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM DAMAGEFACTORY.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DamageFactory.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Above limitation or exclusions may not apply to you due to applicable laws that do not allow the limitation of exclusion of liability or incidental or consequential damages.

APPLICABLE LAW

By visiting DamageFactory.com you agree that the laws of The State of Colorado,  without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and DamageFactory.com or its affiliates.

All Firearm transactions must adhere to all State and Federal laws regarding the sale of their products to people in those states if restrictions apply.

SHIPPING & DELIVERY

All online and phone orders are to be shipped USPS Priority mail unless stated otherwise. We are utilizing STAMPS.com for our labeling, tracking, and RMO returns. Firearms and rush shipment are handled by FEDEX Express. By ordering from Damage Factory, you agree to receive tracking & shipping updates by email through STAMPS.com and FEDEX.com.

If your order has multiple items, they may be shipped from different warehouses and arrive in different boxes on different dates. We do not charge you extra for split shipments.

PRIVACY POLICY

This privacy policy discloses the privacy practices for DAMAGE FACTORY LLC. This privacy policy applies solely to information collected by this web site. It will notify you of the following:

  1. What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
  2. What choices are available to you regarding the use of your data.
  3. The security procedures in place to protect the misuse of your information.
  4. How you can correct any inaccuracies in the information.

Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.

We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

Your Access to and Control Over Information
You are automatically opt’ed out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:

   • See what data we have about you, if any.

   • Change/correct any data we have about you.

   • Have us delete any data we have about you.

   • Express any concern you have about our use of your data.

Security
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

Registration
In order to use this website, a user must first complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest. At your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required.

Orders
We request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we’ll use this information to contact you.

Cookies
We use “cookies” on this site. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies.

Shipping and Billing Address Sharing
We share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.

And/or:
We use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes beyond filling your order.

And/or:
We partner with another party to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.

Links
This web site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

Surveys & Contests
From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

Updates

Our Privacy Policy may change from time to time and all updates will be posted on this page.

If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at 1(888) 900-2876 or via email.

SITE POLICIES, MODIFICATION & SERVICEABILITY

All online and phone orders are to be shipped USPS Priority mail unless stated otherwise. We are utilizing STAMPS.com for our labeling, tracking, and RMO returns. Firearms and rush shipment are handled by FEDEX Express. By ordering from Damage Factory, you agree to receive tracking & shipping updates by email through STAMPS.com and FEDEX.com.

If your order has multiple items, they may be shipped from different warehouses and arrive in different boxes on different dates. We do not charge you extra for split shipments.

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.