Website Terms and Conditions of Use

Welcome to the Nightforce website. If you visit or shop within our website, you agree to and accept these terms and conditions of use (the “Terms of Use”). Please read them carefully. If you do not agree to these Terms of Use, please do not use our website.

Please review our Privacy Policy, which also governs your visit to our website, to understand our practices. By using our website, you also agree to and accept the terms of the Privacy Policy. If you do not agree to the terms of the Privacy Policy, please do not use our website.

This website is owned and operated by Nightforce Optics, together with its parent company, affiliates or subsidiaries (collectively, “Nightforce”). All right, title and interest in and to the materials provided on our website, including but not limited to trademarks, copyrights, trade dress, text, artwork, computer code, information, documents, logos, graphics, button icons, sounds, images and audio or video clips (collectively, the “Materials”), contained on our website are owned either by Nightforce or by its third party authors, developers or vendors. Except as otherwise expressly provided by Nightforce, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on this website shall be construed to confer any license or other right in or to any of Nightforce’s intellectual property rights, whether by implication, estoppelor otherwise.

Product Descriptions
Nightforce attempts to describe the products sold on our website as accurately as possible. However, Nightforce does not warrant that product descriptions or other content of this site are error-free. If you find that a product offered by Nightforce is not as described on our website, your sole remedy is to return it to Nightforce in the manner described in our Return Policy.

Limitation of Liability/Indemnification
In no event shall Nightforce, its officers, managers, directors, shareholders, employees, agents, contractors, and affiliate entitiesbe liable for any indirect, punitive, special, incidental, or consequential damage (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however the same may arise, whetherincontract,negligence or other tortious action, or arising out of or in connection with the use or inability to use our website or products available from this website. By using this website, youagree to defend, indemnify and hold harmless Nightforce, its officers,managers,directors, shareholders, employees, agents, contractors, and affiliate entities from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of our website or your breach of these Terms of Use.

Waiver of Jury Trial and Arbitration
YOU HEREBY EXPRESSLY WAIVE THE RIGHT TO TRIAL BY JURY. Any controversy or claim arising out of or relating to your use of this website orrelating to the products sold on the website shall be settled by arbitration administered by the American Arbitration Association. The number of arbitrators shall be three. The place of arbitration shall be Boise, Idaho. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction.

Governing Law; Venue
By using our website, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Idaho, excluding its choice of law rules, and you also agree thatany legal action or proceeding relating to your access to or use of our website may be instituted in a state or federal court located in Ada County, Idaho, subject to the arbitrationprovisionset forth below. And, you hereby agree and consent to the personal jurisdiction of such courts.

Accounts, Passwords and Security
If you use this website, you are solely responsible for maintaining the confidentiality of your account, including your username and password, and for restricting access to your computer, and you agree to accept sole responsibility for all activities that occur under or through your account. You agree to notify Nightforce immediately of any unauthorized use of your account, or any other breach of security. If you are under 18, you may use our website only with the consent and involvement of a parent or guardian. Nightforce reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Changes to Terms of Use
Nightforce reserves the right, inits sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for any such changes. Your continued use of our website following the posting of changes shall be deemed to be your acceptance of and agreement to suchchanges.

Last Updated: 07/12/2018

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