Terms & Conditions of Website Use
3. Term of Use Updates
4. Website Updates
Similarly, we reserve the right to update the Website from time to time in our sole discretion. Among other things, this means we can make improvements by adding, deleting, and modifying information, features, tools, and functionality. We reserve the right to (a) monitor each Website user’s usage and (b) contact you to solicit information that would assist us in improving the overall user experience. Notwithstanding the foregoing, the Company does not represent or guarantee that the contents of the Website will be up-to-date and complete from time to time, and the Company has no obligation to make any updates (nor even to keep the Website online).
5. Communications Consent
- Email. By entering your email when you register for Website Services, you agree to receive emails directly from CUSTOM ARMOR GROUP. You may unsubscribe from marketing communications at any time.
- SMS Messages. By providing your mobile phone number you hereby consent to the receipt of notifications via short messages services (“SMS”), which may be subject to fees and costs charged by your cell phone provider. You may opt-out by unsubscribing in response to SMS, contacting email@example.com, or as available through the message preferences on your mobile phone’s notifications/settings tab.
7. Use Restrictions
You will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Website and/or Website Services or any software, documentation or data related thereto. You will not sell, resell, license, sublicense, distribute, rent or lease the Website or Website Services to any third party for any purpose, commercial or otherwise.
8. Hardware & Internet Connection
You are solely responsible for obtaining all the devices, hardware, and internet connection necessary to access the Website.
9. Website Access
We reserve the right to withdraw from the Website or move it “offline,” in our sole discretion. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any reason. From time to time, we may restrict access to some parts of the Website, or the entire website, to all or just certain users, including you.
10. Registration; Security Measures.
- you will provide a valid email address and create a reasonably unique and secure username and password, neither of which will contain offensive language;
- you will reasonably protect the confidentiality of your username and password;
- you will update your personal details in your registration from time to time, if the information changes;
- our registration account is personal to you, and you will not provide any other person with access to the Website using your user name, password or other security information;
- you will exit from your account at the end of each session;
- you will immediately notify us of any unauthorized access to, or use of, your user name or password or any other breach of security; and
- You will use particular caution when accessing your account from a public or shared computer, device, or network, so others are not able to view or record your password or other personal information.
11. Permitted & Prohibited Purposes
The Company is providing you with access to the Website for the sole, limited purpose of providing you with background information regarding the Company and its products in order to facilitate your purchase of those products (the “Permitted Purpose”). You may not access or use the Website for any other purpose. Under no circumstances may you access or use the Website for any illegal or unlawful purpose. Additionally, under no circumstances may you access or use the Website:
- to interfere with anyone else’s use or enjoyment of the Website;
- to potentially harm the Company or other users of the Website, or potentially expose them to liability, or to abuse, harass, intimidate, or threaten them;
- to impersonate the Company, a Company employee, another user or any other person or entity, including tampering with the Website’s administrative functions or attempting to gain unauthorized access;
- to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
- to email, transmit, upload, post or in some way introduce any viruses, trojan horses, worms, logic bombs, or other harmful code into the Company’s software or hardware, or otherwise disable, overburden, damage, or impair the Website (e.g., by deactivating, bypassing, or circumventing any access controls or security measures);
- to use automated means (e.g., “bots,” robots, parser, spiders or screen scrapers) to collect or harvest Website information; or
- to exploit or harm minors or vulnerable populations in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
12. Online Purchases
All purchases through the Website by you are governed by the purchase order, terms of sale, or other terms and conditions applying thereto.
13. Geographic Restrictions
This Website is only intended for use by persons in the United States of America and its territories. We make no claim that the Website is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative, without our authorization or assistance, and at your own risk.
14. Product Protection Clause
As we provide product warranties to protect your investment, we also provide optional Product Protection over your order to ensure successful delivery and use. If you are unable to use the product for any reason within 30 days, including but not limited to due to it being lost or damaged during the shipping and handling period or otherwise unable to be used within 30 days after shipping from CAG, CAG will replace your order upon your filing a claim with CAG and if applicable, returning any unused product in its original packaging. CAG will not issue refunds for lost or damaged orders, but instead CAG will reship your order free of charge once your claim has been approved. The 30-day Product Protection period begins on the day your order is shipped from our facility. The fee for such Product Protection will be charged at time of checkout and is an optional fee that you can choose to add to your cart for the Product Protection as stated herein. Product Protection is currently not available for international orders or for any orders placed where the end destination is not in the United States of America. Upon filing a Product Protection claim, CAG has at least five (5) business days to investigate your claim and process a replacement order if it deems the claim to be valid. For any orders missing as a result of theft, excluding shipment and delivery inaccuracies, CAG will require a signed affidavit to process your Product Protection claim. For “porch pirate” claims, CAG will require you to complete and sign an official statement, pledging such orders claiming to be lost or stolen are not the result of fraud. If such claims are to be deemed fraudulent, you may be responsible for not only the cost of the product but also any and all fees incurred by CAG regarding your order, including but not limited to attorneys’ fees and costs needed to take legal action for any fraudulent conduct.
15. As Is Website & Information; Liability Limitations; Indemnification?
16. No Professional Advice.
None of the SLD Information constitutes legal, financial, banking, insurance, accounting, tax, or other professional advice. The SLD Information is not intended to substitute for: (a) your prudent and reasonable consideration of all relevant factors and circumstances; and (b) your consultation with professional advisors and consultants.
17. Intellectual Property Rights
The Website (and all of its information, features, tools, and functionality) are solely and exclusively owned by (or licensed to) the Company, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws. You are prohibited from reproducing, distributing, modifying, creating derivative works of, publicly displaying, republishing, downloading, storing or transmitting any
18.SLD Information or portions of the Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download copies of pages of the Website, if for the Permitted Purpose.
19. Third-Party Links; social media
You may link to our Website homepage, provided you do so in a way that is fair and legal, does not damage our reputation or take advantage of the Company, and is intended to benefit the Company and not any other commercial enterprise. If our Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked on the Company’s Website, you do so at your own risk and subject to the terms and conditions of use for such websites. If the Website allows you to use any social media features (e.g., allowing you to share a link to the Website on social media or other third-party-hosted websites), you will only do so for the Permitted Purpose. You must not do so in a manner which causes the Website or portions of it to be displayed on, or appear to be displayed by, any other site (e.g., framing, deep linking, or in-line linking). You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our sole discretion.
20.Mobile Messaging (SMS/MMS) Program
From time to time we may offer one or more mobile messaging programs (collectively, the “Program”), which you agree to use and participate in subject to this Section 15. Without limiting the scope of the Program, users opting in can expect to receive messages concerning the marketing and sale of [Body Armor, Bundles, Carriers, Rifle Plates, Belts &; Accessories]. The Program may allow you to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms, or otherwise participating in the Program. By opting into or participating in the Program, you accept and agree as follows:
- Fees. Message and data rates may apply.
- Auto-Messaging. You may receive autodialed or prerecorded marketing mobile messages on the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from us. If you consent to receive messages sent using an autodialed, that shall not imply or require that any or all of our mobile messages will be sent using an automatic telephone dialing system (“ATDS” or “autodialed”). The Program may involve recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.
- Support. For support regarding the Program, text “HELP” to the number you receive messages from or email us at [support@Customarmorgroup.com]. Again, though, that is not an acceptable method of opting out of the program.
- MMS Disclosure. The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
- Participant Requirements; Disclaimer. You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions. The Program may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control.
- Prohibited Content. You shall not send any prohibited content over the Platform. Prohibited content includes, for example, (i) fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; (ii) objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; (c) pirated computer programs, viruses, worms, Trojan horses, or other harmful code; (d) any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; (e) any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act or the Health Information Technology for Economic and Clinical Health Act; and (f) any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.
21. ITAR, EAR, OFAC, and other related laws and regulations
Products purchased from this website may contain hardware/technical data within the definition of 15 CFR Chapter VII, Subchapter C – EXPORT ADMINISTRATION REGULATIONS Part 730 through 774, as well as 22 CFR Chapter I, Subchapter M – INTERNATIONAL TRAFFIC IN ARMS REGULATIONS part 120 through 130,and may be subject to the export control laws of the U.S.
The unauthorized reproduction, dissemination, or transfer of these products or technical data by any method to a foreign person, whether within the U.S. or abroad without the written authorization of the Department of Commerce Bureau of Industry & Security (BIS), Department of State Directorate of Defense Trade Controls (DDTC), or Department of Treasury Office of Foreign Assets Controls (OFAC) is strictly prohibited by law. (Please see 15 C.F.R., 22 C.F.R., 18 U.S.C., 22 U.S.C., and 50 U.S.C. for additional information)
Due to these laws and regulations, CAG is required to only sell our products to lawful U.S. persons unless with an approved export license and therefore we use a simple method to verify proof of citizenship/residency before processing and delivering purchased protective products. By placing an order on our website you agree to these requirements and that a request for your passport, birth certificate, and/or other form of identification may be required. If you refuse to provide this information your order will be canceled and a full refund will be provided.
Q. Why does CAG require proof of U.S. person status and others don’t?
A. This is a CAG company policy and we are unable to speak on behalf of other companies. However, export compliance is extremely important to CAG and because of U.S. laws restricting the sale/transfer of controlled items (Body Armor) to foreign persons, CAG has found the most effective, quickest, and easiest method while also keeping administration costs low in order to pass along savings to our customers is in the form of requiring a birth certificate or passport as proof of citizenship/residency.
Some individuals may question this as us refusing to sell to law abiding citizens and this could not be further from the truth. In fact, the entire point of this policy is to ensure we are only selling to legal law abiding U.S. persons. Please know that although other companies may accept a driver’s license as proof of citizenship/residency this is not an effective way for CAG to prove citizenship/residency as many States within the U.S. are now allowing foreign persons and even illegal aliens to obtain drivers licenses and other federal and state identification and benefits.
CAG is a manufacturer and exporter of defense articles who maintains sales to legal U.S. person as well as federal, state, and local law enforcement and DOD contracts in addition to support of foreign military and coalition forces globally. The risk posed with a foreign person obtaining this equipment whether internationally or domestically without the proper approval is too great for CAG to take without this simple policy. We understand there are alternative choices in the market and are not forcing this policy on anyone who chooses to buy elsewhere. Please know your business is extremely important to us and so is the National Security of the United States. Please know these are real laws and regulations and not something we have made up to complicate our business practices.
To learn more about these regulations and laws please visit the agency websites below;
- ITAR REGULATIONS - https://www.pmddtc.state.gov/ddtc_public
- EXPORT ADMINISTRATION REGULATIONS - https://www.bis.doc.gov/index.php/regulations/export-administration-regulations-ear
- OFFICE OF FOREIGN ASSETS CONTROL - https://ofac.treasury.gov/about-ofac
The word export, as used in the ITAR, includes the obvious activities of sending or taking any ITAR-controlled commodity or information out of the United States. However, the term export also includes transferring EAR and ITAR-controlled commodities or information within the United States to anyone not a U.S. citizen or lawful permanent resident (with certain narrow exceptions). Given this definition, transfers of ITAR controlled commodities or information to non-U.S. employees of U.S. companies entirely within the U.S. are exports.
If the individual is not a U.S person, when applying the “deemed export” rules the EAR looks at the person’s most recent citizenship or permanent residence whereas the ITAR looks at the person’s country of origin (i.e., country of birth) and all current citizenship’s.
The most important phrase, from which most other ITAR definitions flow, is the phrase “defense article.” The ITAR defines “defense article” as any item or “technical data” identified on the USML, which is set forth in Part 121.1 of the ITAR. The definition of defense article additionally includes models, mockups, and other physical forms that reveal technical data directly relating to USML items.
BODY ARMOR is classified on ITAR as category X personal protective equipment including NIJ level IV or higher performance body armor plates.
BODY ARMOR classified on EAR as category 1A005 and 1A613 as body armor, including NIJ level Type IIA, II, IIIA, or III.
§ 120.62 U.S. person.
U.S. person means a person who is a lawful permanent resident as defined by 8 U.S.C. 1101(a)(20) or who is a protected individual as defined by 8 U.S.C. 1324b(a)(3). It also means any corporation, business association, partnership, society, trust, or any other entity, organization, or group that is incorporated to do business in the United States. It also includes any governmental (federal, state, or local) entity. It does not include any foreign person as defined in § 120.63 of this part.
If you have additional questions on this matter please feel free to contact CAG or feel free to contact the U.S. government agencies directly at any of the below phone or email addresses to inquire about the specific laws or regulations cited above.
U.S. Department of State DDTC- Phone: (202) 663-1282
To speak with an export counselor, you may call one of the following numbers:
(202) 482-4811 – Outreach and Educational Services Division (located in Washington, DC)
(949) 660–0144 – Western Regional Office (located in Irvine, CA)
(408) 998-8806 – Northern California branch (located in San Jose, CA)
or e-mail your inquiry to the Export Counseling Division of the Office of Exporter Services at: ECDOEXS@bis.doc.gov
Toll Free Hotline 1-800-540-6322
Local Hotline 1-202-622-2490
OFAC Licensing Division (Direct) 1-202-622-2480
CAG performs background screening for all its customers and suppliers against the following lists.
- Department of Commerce Denied Persons [BIS]
- Department of Commerce Entity List [BIS]
- Department of Commerce “Unverified” List [BIS]
- Department of State Arms Export Control Act Debarred Parties [DDTC]
- Department of State Munitions Export Control Orders [DDTC]
- Department of State Nonproliferation Orders
- WMD Trade Control Designations [OFAC]
- Department of State Designated Terrorist Organizations
- Department of State Terrorist Exclusion List
- Palestinian Legislative Council List [OFAC]
- Federal Register General Orders
- Specially Designated Nationals and Blocked Persons [OFAC]
- Foreign Sanctions Evaders List (FSE-IR) [OFAC]
- Sectoral Sanctions Identifications List (UKRAINE-EO13662) [OFAC]
- United Nations Consolidated List
- GSA Parties Excluded from Federal Procurement Programs [SAM/EPLS]
- GSA Parties Excluded from Federal Nonprocurement Programs [SAM/EPLS]
- GSA Parties Excluded from Federal Reciprocal Programs [SAM/EPLS]
- Air Force Special Investigations – Top Ten Fugitives
- Alcohol, Tobacco, Firearms and Explosives Most Wanted
- FBI Ten Most Wanted Fugitives
- FBI Most Wanted Terrorists
- FBI Seeking Information
- FBI Wanted Fugitives
- Food and Drug Administration – Clinical Investigators
- Food and Drug Administration – Debarment List
- Food and Drug Administration – Disqualified and Restricted
- Homeland Security Investigations Most Wanted
- Naval Criminal Investigative Service – Wanted Fugitives
- U.S. Immigration and Customs Enforcement Most Wanted
- U.S. Drug Enforcement – Major International Fugitives
- U.S. Marshals Service – Major Fugitive Cases
- U.S. Marshals Service – Top 15 Most Wanted
- Office of Research Integrity PHS Administrative Actions
- U.S. Postal Inspection Service – Most Wanted
- U.S. Secret Service Most Wanted
- Japan Foreign End-Users of Concern
- Kingdom of Saudi Arabia Wanted Militants
- CPSEP Listed Entities
- Australia Foreign Affairs Consolidated List
- European Union Consolidated List
- Interpol Recently Wanted
- HM Treasury Consolidated List [England]
- Canadian Economic Sanctions
- Canadian Border Services Agency Wanted List
- RCMP Wanted Fugitives
- FinCEN (USA PATRIOT Act) Section 311 – Special Measures
- World Bank Listing of Ineligible Firms
- OSFI Consolidated List – Entities
- OSFI Consolidated List – Individuals
- OSFI Warning List
22. Important Legal Matters
- Governing Law.
In the event a Dispute arises, the parties shall first endeavor (i) to resolve the Dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures, and (ii) if not resolved in that mediation, to settle it by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Claims shall be heard by a single arbitrator, unless the claim amount exceeds $100,000, in which case the dispute shall be heard by a panel of three arbitrators. The place of arbitration shall be North Carolina. Either party may enter the arbitral award in any court having jurisdiction thereof. Hearings will take place pursuant to the standard procedures of the Commercial Arbitration Rules that contemplate in-person hearings. The arbitrator(s) shall award to the prevailing party, if any, as determined by the arbitrators, all of their costs and fees. “Costs and fees” mean all reasonable pre-award expenses of the arbitration, including the arbitrators’ fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys’ fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such an event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such a waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided above. Each party acknowledges and agrees that this arbitration provision WAIVES SUCH PARTY’S RIGHT TO A JURY TRIAL. This jury-trial waiver is made knowingly, voluntarily, and intentionally after a reasonable opportunity of each party to consult its legal counsel.
- Statute of Limitations.
Any claim which a party may have in any Dispute must be commenced within the later of (i) one (1) year of the cause of action accruing or (ii) if the other party files a claim within the last thirty (30) days of that one (1) year, then within thirty (30) days after the filing of the other party’s claim, or else the claim is permanently time-barred.
- No Class Actions.
All Disputes shall be resolved solely and exclusively on an individual basis. EACH PARTY ACKNOWLEDGES AND AGREES THAT IT MAY ONLY BRING CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING. This class-action waiver is made knowingly, voluntarily, and intentionally after a reasonable opportunity of each party to consult its legal counsel.
- Severability; Waiver.
- Full Agreement (Integration).
The Website is operated by Custom Armor Group. All feedback, comments, requests for technical support, and other communications and notices relating to the Website should be directed to:
4270 Piedmont Parkway, Suite 102
Greensboro, NC 27410
Last Edited on 04-10-2023