Terms & Conditions
Content: All Website content, including, without limitation, all text, graphics, audio, video, music, icons, images, hyperlinks, displays, products, HTML code and scripts (collectively, the “Website Content”), and the collection, arrangement and assembly of the Website Content, is the property of the Company and its sponsors, distributors, or licensors, and is protected by copyright law and other U.S. and international laws and treaties. The User is granted no right, title or interest in or to the Website Content other than the limited license expressly set forth in these Terms and Conditions. The User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into a website or in any way exploit the Website Content, or any portion thereof, without the express written permission of the Company.
Use of Website Content: The Website, including all Website Content, is provided as a resource for Users to learn more about the Company and its products and services. Subject to these Terms and Conditions, the User is hereby granted a non-exclusive, non-transferable, limited, revocable license to access and use the Website and the Website Content for the User’s own non-commercial purposes. All rights not expressly granted are reserved by the Company and its licensors. This limited license may be revoked at any time for any reason or no reason.
Links: The Website may include links to third party websites not operated by the Company. These links are provided for the User’s convenience and in no way signify any endorsement of any such websites or the content thereof. Access to any such linked site is at the User’s own risk, and THE COMPANY will not have any liability arising out of or related to such sites and/or their content, or for any damages or loss caused or alleged to be caused by or in connection with any use of or reliance on any such content, or any goods or services, available on or through any such site.
Online Commerce: The Website may allow Users to make purchases from the Company. Where a User makes such a purchase via the Website, all information obtained by the Company from the User in the course of such purchase, including User Information, may be collected by both the Company, as well as the payment processing companies utilized for such purchases. Payment processing companies may have privacy and data collection practices that are different from those utilized by the Company. The Company has no responsibility or liability for the independent policies of the payment processing companies. In addition to being subject to these Terms and Conditions, certain User purchases may subject that User to additional terms and conditions of the payment processing company. The User hereby releases the Company and its payment processing company from any damages incurred by the User. Moreover, the User agrees not to assert against the Company or its payment processing company any claims arising from the User’s purchase via the Website.
Third Party Content: The User understands and agrees that the Company does not control and is not responsible for any Content made available on the Website by other users. The User’s use of, or reliance on, any information contained in such third party Content is at the User’s sole risk. Under no circumstances will the Company be liable for any such third party Content or for any loss or damage resulting from the User’s use of, or reliance on, such third party Content.
Product Information: The Company attempts to be as accurate as possible regarding product descriptions, pricing and availability on the Website. However, unless specifically stated otherwise in writing on the Website, the Company does not warrant that product descriptions or Website content are accurate, complete, reliable, current, or error-free. From time to time, the Website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, and availability. The Company reserves the right to revise the price, description, and/or availability of products without notice. In addition, the Company reserves the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer. While the Company makes every effort to display its products on the Website as accurately as possible, the actual image seen by the User depends on many factors, including the User’s computer, monitor, and/or resolution settings, and the Company cannot guarantee that its images will be accurately displayed. The inclusion of any products on the Website does not imply or warrant that these products will be available at any particular time. In the event that a product is mispriced and the correct price is higher than that displayed on the Website, the Company may either (i) contact the User prior to shipping the product to inform him or her of the correct price or (ii) cancel the order and notify the user of such cancellation. Users may return products in accordance with the Company’s return policy located here, which is incorporated herein by reference.
Disclaimers: THE COMPANY AND ITS LICENSORS do not warrant or guarantee the accuracy, RELIABILITY or completeness of the Website Content or represent that the Website or the Website Content is error-free or capable of operating on an uninterrupted basis. THE WEBSITE IS PROVIDED “AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability: Use of the Website is at THE USER’S own risk. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, THE COMPANY AND ITS LICENSORS shall NOT be LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO: (i) use or misuse of the WEBSITE OR the WEBSITE Content; (ii) inability to access or use the WEBSITE or the WEBSITE Content; (iii) any loss or corruption of data or information submitted VIA the WEBSITE; (iv) any communications or services provided by, or requested from, THE COMPANY via the Website; or (V) ANY PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE RESULTING FROM ACCESS TO OR USE OF THE WEBSITE. The foregoing limitations of liability shall apply whether the claim is based on warranty, contract, tort, or any other legal theory, and whether or not THE COMPANY is advised of the possibility of such damages.
Changes to Website: At any time and without notice to the User, the Company may change or modify the Website, or any features or functions thereof, or may suspend or discontinue the Website, or stop supporting the Website, or any aspect thereof. Any such termination, change, suspension or discontinuance shall be without liability to the User.
Prohibition of Class and Representative Actions and Non-Individualized Relief: EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Jurisdiction: Magnolia Defense makes no representation that content or materials in the site are appropriate or available for use in other jurisdictions. Access to our website content or materials from jurisdictions where such access is illegal is prohibited. If you choose to access this site from other jurisdictions, you do so on your own initiative and are solely responsible for compliance with all applicable local laws. The laws of the state of Louisiana shall govern any claims relating to our website and its content and materials without giving effect to any principles of conflicts of laws. You agree that any legal action or proceeding between us for any purpose concerning this agreement or the parties’ obligations shall be brought exclusively in a federal or state court in the state of Louisiana.
Orders. All products offered for sale are subject to availability and Magnolia Defense’s acceptance of your order. After you place an order through our website, we will send you an email acknowledging your order. This order acknowledgment means that your order has been received; it does not mean that your order has been accepted, shipped, or that the price of an item has been confirmed, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. Upon shipment of your order, we will send you an email. Magnolia Defenser may also require additional information prior to accepting or processing any order.
We reserve the right at any time to accept, decline or cancel any order or limit order quantity for any reason. If we cancel an order after you have already been billed, we will refund the billed amount. Magnolia Defense uses its best efforts to fulfill orders, however, there may be instances in which a product is out of stock or unavailable, in which case Magnolia Defense will contact you for direction on whether you wish to select another order or cancel your existing order. We may revise, discontinue or modify products at any time without prior notice to you and products may become unavailable without notice. We shall have no liability of any kind if any product is not available.
Fulfillment. Delivery lead times vary, but most orders will be shipped within 10 working days. The delivery charge varies depending on the size and weight of the item. These charges will be included in the Shipping and Handling of your order. If eligible for shipment to Hawaii and Alaska, special rates apply. Supplies are limited Magnolia Defense reserves the right to cancel the order and refund the charges should stock be depleted. Title to and risk of loss of product will pass to you upon our delivery to the carrier. Shipping times are estimates only, and not a guarantee that the product will be delivered on the specified date. We will not be liable for any loss or expense which you may incur as a result of any delay in the delivery of your order. When ordering more than one item, please note your items may come in different shipments. We assume no liability for damaged, lost or stolen shipments. It is your responsibility to ensure parcels can be delivered free from theft or exposure to rain, snow, excessive humidity or temperature extreme. Claims for incorrect or missed shipments must be made to us within 20 days of order acknowledgment/shipment or are deemed waived.
Credit Card Information. You may be asked to supply certain information relevant to your purchase of product through Magnolia Defense, including credit card number, the expiration date, your billing address and your shipping information. By submitting such information, you grant us the right to provide such information to our third party-fulfillment service provider to facilitate the transaction. You agree to pay all charges that you incur on the Sites at the prices in effect when incurred, including without limitations any shipping and handling charges and taxes. You represent and warrant that you have the legal right to use any credit cards used in connection with any transaction.
Limited Warranty. The extent of any limited warranty for each product is as shipped with the product or as expressly stated on a warranty document on our site. Any warranty offered is limited to defects in material or workmanship, and repair or replacement is your exclusive remedy for any defective product. In no event shall we be liable for any special, incidental or consequential damages of any kind arising out of the purchase or use of any product, whether based on contract, tort, statute or otherwise. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from State to State. In addition, any warranties implied by law shall in no event extend beyond the duration of the express warranty offered, if any. Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Returns. Due to the nature of our discount sales all sales are final unless demonstrable defect in the product.
Compliance with Laws. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from Magnolia Defense. By placing an order, you represent that the order is lawful and will be used in a lawful and appropriate manner.
Contact: Any questions, complaints, or claims regarding the Website may be directed to our customer service department by filing out our contact form.