Last Updated November 1, 2023
- When we say “Foundation Armor,” we mean Foundation Armor, LLC and Foundation Armor and any subsidiaries of Foundation Armor (including any subsidiaries that Foundation Armor may form or acquire in the future). We also refer to Foundation Armor as “we,” “us” and “our.” But when we say “Foundation Armor Entities,” we mean Foundation Armor and its affiliates; its and their suppliers, vendors, contractors, and licensors; and its and their directors, officers, employees, and agents.
- When we say “Foundation Armor Sites,” we mean www.FoundationArmor.com, the Foundation Armor Apps, and all related functionality, services, and Content offered by or for Foundation Armor on or through www.FoundationArmor.com and the Foundation Armor Apps or the systems, servers, and networks used to make the Foundation Armor Sites available.
- When we say “Foundation Armor Apps,” we mean the official “Foundation Armor App” for iPhone and Android, which can be downloaded from the iTunes App Store or the Google Play Store, the “Scan & Go” Mobile App .
- When we say “you” or “your” we mean any user (like you!) of any Foundation Armor Site.
- When we say “Content,” we mean merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials.)
- When we say “Ideas,” we mean ideas, concepts, feedback, and know-how that you make available in connection with the Foundation Armor Sites.
- When we say “make available,” we mean post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the Foundation Armor Sites administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with the Foundation Armor Sites through the tools offered by such social media platforms).
- When we say “Materials,” we mean Content that Foundation Armor Entities make available on or through the Foundation Armor Sites, including In Store Now information.
IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 20 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND FOUNDATION ARMOR ARE EACH GIVING UP OUR RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.
- Your Use of the Foundation Armor Sites
You certify that the Content you provide on or through the Foundation Armor Sites is accurate and that the information you provide on or through the Foundation Armor Sites is complete. You are solely responsible for maintaining the confidentiality and security of your account including username, password, and PIN. Foundation Armor is not responsible for any losses arising out of the unauthorized use of your account. You agree that Foundation Armor does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the Foundation Armor Sites. You agree that Foundation Armor is not a party to any such agreement, nor is Foundation Armor responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the Foundation Armor Sites or any portion of the Foundation Armor Sites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the Foundation Armor Sites or any portion of the Foundation Armor Sites.
- In connection with the Foundation Armor Sites, you will not:
- Make available any Content through or in connection with the Foundation Armor Sites that is or may be in violation of the content guidelines set forth in Section 3.C (Prohibited Content) below.
- Make available through or in connection with the Foundation Armor Sites any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
- Use the Foundation Armor Sites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest or collect information about users of the Foundation Armor Sites.
- Interfere with or disrupt the operation of the Foundation Armor Sites or the systems, servers, or networks used to make the Foundation Armor Sites available, including by hacking or defacing any portion of the Foundation Armor Sites; or violate any requirement, procedure or policy of such servers or networks.
- Restrict or inhibit any other person from using the Foundation Armor Sites.
- Reverse engineer, decompile, or disassemble any portion of the Foundation Armor Sites, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark, or other proprietary rights notice from the Foundation Armor Sites.
- Frame or mirror any portion of the Foundation Armor Sites, or otherwise incorporate any portion of the Foundation Armor Sites into any product or service, unless you obtain Foundation Armor’s express prior written consent to do so.
- Systematically download and store any Materials.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the Foundation Armor Sites, without Foundation Armor’s express prior written consent.
- Cause injury to any person or entity.
- You will not use the Foundation Armor Sites or Foundation Armor’s name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a Foundation Armor trademark, logo, URL, or product name without Foundation Armor’s written consent;
- Content and Ideas
- Submitting Content and Ideas
- Foundation Armor’s Rights to Use Content and Ideas
You grant to Foundation Armor a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that Foundation Armor is free to use any Ideas for any purpose. Foundation Armor may sublicense its rights in Content and Ideas through multiple tiers of sublicenses. Foundation Armor is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea. You grant to Foundation Armor the right to use any name associated with any Content or Idea that you make available to Foundation Armor, although Foundation Armor has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.
- Prohibited Content
You agree that you will not make available Content in connection with the Foundation Armor Sites that:
- is false, fraudulent, inaccurate, or misleading;
- contains your full name(s), or any other confidential personally identifiable information of yourself or others;
- violates any local, state, federal, or international laws or is otherwise tortious;
- is protected by or would infringe on the rights of others (including Foundation Armor), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
- is obscene, indecent, pornographic, or otherwise objectionable;
- is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Foundation Armor in its sole discretion;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
- contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from Foundation Armor;
- contains or relates to chain letters or pyramid schemes;
- impersonates another business, person, or entity, including Foundation Armor, its related entities, employees, and agents;
- violates any policy posted on the Foundation Armor Sites; or
- is intended to cause harm, damage, disable, or otherwise interfere with the Foundation Armor Sites or our partners.
- Monitoring by Foundation Armor
- Materials Available on the Foundation Armor Sites
Foundation Armor and its suppliers and licensors may make available various Materials. The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision. The Foundation Armor Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials. If you find an error or notice something that does not look quite right on the Foundation Armor Sites, we would appreciate it if you let us know by contacting us at http://help.Foundation Armor.com/. (Your feedback is a big part of what helps Foundation Armor to get better at helping you!)
NO MATERIALS RELATED TO HEALTH, WELLNESS, OR PERSONAL PROTECTIVE EQUIPMENT ARE INTENDED TO SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL, AND SUCH MATERIALS DO NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS, AND INTERACTIONS, AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY MATEIRAL IS SAFE OR EFFECTIVE FOR YOU TO HANDLE OR FOR YOUR APPLICATION. CONSULT THE PRODUCT INFORMATION (INCLUDING PACKAGE INSERTS) REGARDING APPLICATION, HANDLING, PRECAUTIONS, WARNINGS, AND INTERACTIONS, AND YOUR MEDICAL PROFESSIONAL, FOR GUIDANCE BEFORE HANDLING OR USING.
THE FOUNDATION ARMOR ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.
The Sites may make available listings, descriptions, and images of goods and services (collectively, “Products”). Such Products may be made available by us or by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites). Such information and the availability of any Product are subject to change at any time without notice.
We have made efforts to accurately display the attributes of Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.
Foundation Armor has no liability to you for content on the Foundation Armor Sites that you find to be offensive, indecent, or objectionable. Certain videos, movies, TV programs, video games, computer games, and other Products are labeled with age restrictions or are intended for individuals of certain ages or “mature audiences” only. By ordering an age restricted item, you certify that you satisfy the age restrictions.
Foundation Armor is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, including any Foundation Armor Entity, Marketplace Retailer (as defined below in Section 16.A), our advertisers, or other third parties to whose sites we link. While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on Foundation Armor Sites, including the product description, country of origin, nutrition, ingredient, allergen, and other information. Always read labels, warnings, directions, and other information provided with the product before using or consuming the product. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return), in accordance with Foundation Armor’s return policy. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.
- Third Party Sites
- Placing an Order
- Order Acceptance and Billing
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes. You will be charged before the order has shipped.
- Pricing Information; Availability
Foundation Armor cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the Foundation Armor Sites or through Marketplace Retailers. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. Foundation Armor reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Foundation Armor. Foundation Armor may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the Foundation Armor Sites or from prices available in Foundation Armor stores or on Foundation Armor Apps.
- Promotional Codes
Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.
- VOC Regulations and Proper Use of Materials
You are responsible for purchasing/using materials that meet state/county chemical and VOC requirements. Foundation Armor will not be held responsible for any misuse of materials that are used against city, state or county VOC regulations. You must be professionally certified as a contractor in the state of application. You are responsible for proper ventilation and safety including but not limited to personal protective equipment for all persons that may be directly or indirectly contacting Foundation Armor products or within radius of being affected by any noxious odors produced by Foundation Armor products. You hold Foundation Armor Harmless for any damages or legal action arising from the application of any Foundation Armor products.
- Shipping and Delivery
Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Foundation Armor Sites. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.
Delivery of Products purchased from the Foundation Armor Sites to addresses outside the United States is limited. Some Products also have restricted delivery within the United States. Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products.
- Export Policy
You acknowledge that (a) goods licensed or sold on the Foundation Armor Sites, and (b) any software or technology purchased, downloaded, or used from the Foundation Armor Sites, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received, and you agree to comply with all applicable laws. You agree, represent, and warrant that no Materials will be accessed from, downloaded in, released in, carried to, transferred to, transshipped through, exported to, or re-exported (collectively “transferred”) to any territory (or national resident thereof), person, entity, or organization to which such Materials could not be transferred directly from the United States or by a U.S. person without a license, including without limitation to any person on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List.
- Intellectual Property
No license, right, title, or interest in the Foundation Armor Sites or any Materials is transferred to you as a result of your use of the Foundation Armor Sites or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the Foundation Armor Sites. The Foundation Armor Sites and Materials may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Foundation Armor Sites and the Materials is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the Foundation Armor Sites and Materials is the exclusive property of Foundation Armor and is also protected by U.S. and international copyright laws.
FOUNDATION ARMOR, FOUNDATION ARMOR LLC the FOUNDATIONARMOR.COM names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Foundation Armor Sites are trademarks or trade dress of Foundation Armor in the U.S. and other countries. All other marks are the property of their respective companies.
- Procedure for Making a Claim of Copyright Infringement
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Foundation Armor Sites in a way that constitutes copyright infringement, please contact us.
- Third-Party Software & Licensing Notices
- Terms Applicable to Special Foundation Armor Services
- iOS Foundation Armor App
- You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties
- Disclaimer of Warranties
- Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, FOUNDATION ARMOR WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE FOUNDATION ARMOR SITES OR PRODUCTS, EVEN IF AN AUTHORIZED REPRESENTATIVE OF A FOUNDATION ARMOR ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO FOUNDATION ARMOR ENTITY WILL BE LIABLE FOR ANY DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO FOUNDATION ARMOR ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER, SHOPPER, OR OTHER USER OF THE FOUNDATION ARMOR SITES.
- Disputes & Arbitration; Applicable Law
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the Foundation Armor Sites constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and Foundation Armor will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.
This is to notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that we do not endorse any of the products or services listed on such site.
- How to Contact Us
If you have any questions or comments, please contact us at FoundationArmor.com or by mail at the following address: Foundation Armor; 3 Howe Drive Suite 2., Amherst, NH 03031. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.