Please read these terms and conditions carefully before using this site or any of our other websites. By accessing or using our sites, you agree to the following terms and conditions. These terms are subject to change at our discretion and apply to all of our websites, including any websites owned, operated or sponsored by any of our subsidiaries or affiliates.

THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED FOR HEREBY. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY.

• ALL EOTECH MATERIALS ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE ANY BINDING OBLIGATIONS OR AGREEMENT BY EOTECH.
• ALL CLAIMS ABOUT PERFORMANCE AND PERFORMANCE CHARACTERISTICS ASSUME NORMAL, RESPONSIBLE USAGE WITHIN THE WARRANTY PERIOD.
• EOTECH RESERVES THE RIGHT TO CHANGE THE PRODUCT SPECIFICATIONS AT ANY TIME WITHOUT NOTICE.
• ALL OPTICAL DEVICES ARE SUSCEPTIBLE TO TEMPERATURE VARIATIONS. EOTECH USERS THEREFORE MAY EXPERIENCE A POINT OF IMPACT SHIFT AWAY FROM THE POINT OF AIM WHEN THE SIGHT IS USED AT A TEMPERATURE SIGNIFICANTLY DIFFERENT FROM THE TEMPERATURE AT WHICH THE SIGHT WAS ZEROED. THE TYPICAL SHIFT IS BETWEEN APPROXIMATELY 1.4 MOA AND 1.8 MOA FOR CURRENT SIGHTS.
• ALL EOTECH SIGHTS EXHIBIT A VARYING DEGREE OF PARALLAX DEPENDING ON OPERATING CONDITIONS.
• PATENTS ONE OR MORE OF THESE PRODUCTS MAY BE COVERED BY ONE OR MORE OF THE FOLLOWING U.S. PATENTS: 5,374,986; 5,400,540; 5,430,967; 6,185,854; 6,190,025; 6,574,901; 7,493,722; D522,031; D568,508 AND D595,439.
• THIS DOCUMENT CONSISTS OF GENERAL CAPABILITIES INFORMATION THAT IS NOT DEFINED AS CONTROLLED TECHNICAL DATA UNDER ITAR, PART 120.10 OR EAR, PART 772.

The material in this website may include technical inaccuracies or typographical errors. EOTECH, LLC. may make changes at any time.

These terms and conditions (these "Terms") shall apply to your purchase of products and related services through eotechinc.com (the "Site"). These Terms are subject to change at any time without prior written notice by EOTECH, LLC (referred to herein as either “Company,” “we,” “us,” or “our”). The most recent version of these Terms shall be posted for your review at any time on the Site. Please review these Terms in their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.

When placing an order on our Site, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion.

All applicable prices are set forth alongside the goods and services offered. Such prices are subject to change at any time by us in our sole discretion. You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. By making payment you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.

We will ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping & handling charges and for providing a correct shipping address. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments.

If you, for any reason, are not satisfied with your order, you may return it for a full refund; provided: (i) the items(s) were not designated as non-returnable; (ii) your return is made within thirty (30) days of delivery; and (iii) the merchandise is returned in the same condition as originally received by you; and (iv) the goods are not obsolete or discontinued. Once the goods are received by us, we will refund your purchase price, less the original shipping & handling charges and a 20% re-stocking fee. All returns must be made pursuant to the specific return procedure specifically set forth on the Site. You bear the risk of loss or damage during shipment (other than when returning non-conforming merchandise) and as such, you are advised to obtain appropriate insurance. Your refund will be credited back to the same payment method used to make the applicable purchase.

You represent and warrant to us as follows: (i) that you have the right to enter into any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying goods or services from the Site for solely your own use, and not for resale and/or export.

We represent and warrant to you that any goods purchased by you on the Site, when used specifically as authorized by us and without modification thereto, will conform in all material respects to: (i) the specifications set forth on the Site, and (ii) any instructions that we provide you with upon delivery of the merchandise. We further represent and warrant to you that any goods or services purchased by you on the Site will be safe for their intended use and free from defects in material, functionality, and workmanship. Notwithstanding the foregoing, this warranty shall not apply when the goods are subject to: negligence, misconduct, misuse, abuse, accident, improper installation or handling, unusual environmental conditions, or other extreme stress, alteration, repair by anyone other than us (or one of our authorized representatives), use with any third-party product or service (other than as specifically authorized in advance by us), or use in violation of any provided-for instructions (including without limitation any license agreement). Notwithstanding the foregoing, any products manufactured by a third party and incorporated in any goods provided hereunder are not covered by this limited warranty. We further warrant to you that we will perform any services purchased through the Site using personnel of all required skill, experience and qualifications and in a professional manner in accordance with generally recognized industry standards for similar services in order to meet our obligations hereunder. Notwithstanding anything set forth herein to the contrary, your sole remedy with respect to a breach by us of our warranties to you shall be to inform us, in writing, of your desire to exercise this limited warranty, along with a sufficiently detailed explanation of your reason(s), so that we may either: (i) repair or replace the goods in question (or re-perform the services, as applicable); or (ii) credit or refund your purchase price. In such instance, restocking fees shall not apply. We shall have the right to select which cure option to pursue, and we will be responsible for shipping & handling charges associated with resending replacement goods (and shall also be responsible for their risk of loss in transit during such time), if and as applicable. Any claim made by you hereunder shall be made within ten (10) days of delivery or forever be waived. We reserve the right to verify any such claim. This warranty period is not extended if we have to repair or replace a warranted product or re-perform a warranted service. This limited warranty extends only to you as the original purchaser of our products and services from our Site (i.e., and not to any subsequent owner or beneficiary of any goods or services received hereunder).

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. THIS LIMITED WARRANTY CAN ALSO BE FOUND AT OUR WEBSITE AS WELL AS IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS.

Subject to applicable law, and without limitation on the foregoing, we limit the duration and applicability of any and all implied warranties (including without limitation the warranties of merchantability, fitness for a particular purpose, title, or warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise) to the duration of the limited warranty set forth in subsection (b) above.

PLEASE NOTE THAT SOME STATES DO NOT ALLOW FOR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES AND THEREFORE, THIS LIMITATION MAY NOT APPLY TO YOU.

SUBJECT TO APPLICABLE LAW, THE REMEDIES SET FORTH ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES, AND OUR ENTIRE OBLIGATION AND LIABILITY, FOR ANY BREACH OF OUR LIMITED WARRANTY. SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL COMPANY’S OBLIGATION OR LIABILITY HEREUNDER EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY GOODS OR SERVICES. ADDITIONALLY, SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND. SOME STATES DO NOT ALLOW FOR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

You agree that you shall defend, indemnify and hold harmless the Company, its affiliates and their respective stockholders, directors, officers and employees from and against all claims, judgments, damages, liabilities, settlements, losses, costs and expenses, including attorneys' fees and disbursements, arising from or relating to your use of any goods purchased from us.

Please review our Privacy Policy and Website Terms of Use, which can be found on the Site. The Privacy Policy governs our processing of all personal information that we may collect from any person through the use of our Site. The Website Terms of Use governs your use of our Site in general.

These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.

Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.

In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

Governing Law: These Terms shall be governed by the laws of the State of Michigan without regard to its conflict of laws principles.

Jurisdiction: Any legal suit, action or proceeding arising out of or based upon this Agreement or the transactions contemplated hereby may be instituted in the federal courts of the United States of America located in the Eastern District of Michigan or the courts of the State of Michigan in located in the county of Oakland, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.

Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.

We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses.

These Terms, along with the confirmation email referenced above, any instructions that we provide you with relating to any product or service you obtain from us through the Site, and our Site’s ‘Terms of Use’ and ‘Privacy Policy,’ shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof.

This website is provided by EOTECH, LLC and may be used for informational purposes only, unless otherwise expressly provided. By using the site or downloading materials from the site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions, do not use the site or download materials from the site.

We make no claims that the information, including materials, documents, images, graphics, logos, design, audio, video and text presented is: accurate or complete, up-to-date or free from technical inaccuracies or typographical errors. We do not have a duty to update any content and cannot guarantee that access to the site will be free from interruptions, errors, computer viruses or other harmful components.

You may not use this website to commit, or in connection with committing, any violations of federal, state, local, or international laws, regulations, or other governmental requirements. We reserve the right to report any activity that may violate any law or regulation to appropriate law enforcement officials, regulators or other third parties, and we may do so without prior notice to you.

You are prohibited from violating, or attempting to violate, the security of the website. Any such violations may result in criminal and civil liabilities to you. Examples of prohibited security violations include, but are not limited to: (a) logging into a server or account that you are not authorized to access; (b) accessing data or taking any action to obtain services not intended for you or your use; (c) attempting to probe, scan, or test the vulnerability of any system, subsystem or network related to the website or to any EOTECH computer or computer system; (d) tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures; (e) transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the website; (f) interfering with, intercepting or expropriating any system, data or information; and (g) interfering with service to any user, host, or network including, but not limited to, by means of overloading, "flooding," "mailbombing," or "crashing" any system, subsystem or network related to the website or otherwise.

All content included on this website, such as text, graphics, logos, button icons, images, photographs, audio clips, digital downloads, data compilations, and software, is the property of EOTECH, LLC. or its content suppliers and is protected by United States and international copyright laws. Any person using this website is authorized to copy, print, or distribute such contents only as follows:

Users may print out individual pages but cannot copy or download a large portion of the website (e.g., no bots, webcrawlers, spiders, etc. that "harvest" the website).

Users may download, print, distribute and use pages from the website only for informational, non-commercial purposes.

Any copies of such documents or pages must not alter the original website content and must include the EOTECH, LLC. copyright notice: "Copyright 2022 EOTECH, LLC. All Rights Reserved."

The trademarks, service marks and logos of EOTECH, LLC. and its affiliates used and displayed on our website are our registered and unregistered trademarks. Requests to use trademarks owned by other companies which may be mentioned on this website should be directed to such other companies. We actively and vigorously enforce our intellectual property rights. Our trademarks, service marks and logos may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our website, without our prior written permission.

This website may contain data feeds, links or references to other websites maintained by third parties over which EOTECH, LLC. has no control. In addition, this website may contain third-party content. Such data feeds, links, references or content are provided merely as a convenience. Similarly, this website may be accessed from third-party links over which EOTECH, LLC. has no control. EOTECH, LLC. makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in third-party websites or content provided by third parties and shall have no liability for any damages or injuries of any kind arising from such content or information, including direct, incidental, consequential, indirect or punitive damages. Inclusion of any third-party data feed or link does not imply an endorsement, adoption or recommendation by EOTECH, LLC. If you decide to access any of the third-party websites linked to this website, you do so entirely at your own risk.

This website has features that enable you to communicate with representatives of EOTECH, LLC. (including members of its Board of Directors), its affiliates and representatives of such affiliates. Use of these features to communicate with any of the foregoing shall not be deemed to create a business, fiduciary or other form of relationship between you and the recipient.

All submissions, documents, materials, postings, comments, remarks, suggestions, ideas, graphics, or other information communicated from users to EOTECH, LLC. to this website will forever be the property and intellectual property of EOTECH, LLC. and will not be required to treat any such submission as confidential, unless otherwise expressly provided. Further, EOTECH, LLC. will be entitled to use any such submission for any purpose whatsoever, commercial or otherwise, without compensation to you or anyone else.

EOTECH, LLC. reserves the right, at its sole discretion, to supplement or modify these Terms and Conditions in whole or in part, at any time. Any such supplement or modification will become effective when it is posted on the website. Your continued use of the website after any supplements or modifications to these Terms and Conditions are posted will be considered acceptance thereof.

EOTECH, LLC. may terminate, change, suspend or discontinue any aspect of the website, including the availability of any features of the website, at any time. EOTECH, LLC. may also impose limits on certain features and services or restrict your access to parts or the entire website without notice or liability.

EOTECH, LLC. and its affiliates will not be liable for any damages or injury, including, but not limited to, direct, indirect, incidental, consequential damages or punitive damages, that result from the use of (or the inability to use) this website and its contents, or a website linked to this website, including any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, computer virus, line failure, or other computer malfunction. In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, the liability is limited to the greatest extent permitted by law.

This website is controlled and administered by EOTECH, LLC. from its offices within the United States, and this website and its contents are intended to comply with applicable laws and regulations in the United States. Although the information on this website is accessible to users outside of the United States, EOTECH, LLC. makes no representation that the content of this website complies with laws and regulations of any jurisdiction outside of the United States or that such content is appropriate or available for use in any such jurisdiction. Access to any content on this website from locations where such content is illegal is prohibited. If you choose to access this site from locations outside of the United States, you are responsible for compliance with any applicable local laws and regulations. You may not use or export any of the information on this website in violation of U.S. export laws and regulations.

If any provision of these Terms and Conditions is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of the remaining provisions. The preceding Terms and Conditions of use represent the entire agreement between EOTECH, LLC. and the user relating to the subject matter herein.

Content

All content included on this website, such as text, graphics, logos, button icons, images, photographs, audio clips, digital downloads, data compilations, and software, is the property of EOTECH, LLC. or its content suppliers and is protected by United States and international copyright laws. Any person using this website is authorized to copy, print, or distribute such contents only as follows:

Users may print out individual pages but cannot copy or download a large portion of the website (e.g., no bots, webcrawlers, spiders, etc. that "harvest" the website).

Users may download, print, distribute and use pages from the website only for informational, non-commercial purposes.

Any copies of such documents or pages must not alter the original website content and must include the EOTECH, LLC. copyright notice: "Copyright 2019 EOTECH, LLC. All Rights Reserved."

EOTECH, LLC. reserves the right to terminate the above authorization at any time in its sole discretion.

No one may frame this website or any portion thereof. Linking to this website that does not otherwise infringe upon EOTECH, LLC.'s trademark interests is permitted, provided that the link does not falsely imply or suggest that EOTECH, LLC. has endorsed or is affiliated with the linked website.

Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit or create derivative works based upon any information, content or materials contained in this website or any medium (including electronic or hard copy), without the express prior written consent of EOTECH, LLC. Nothing contained on this website shall be construed as conferring by implication, estoppel or otherwise any license or right under any intellectual property right of EOTECH, LLC., or any third party, except as expressly provided above.

Trademarks

The trademarks, service marks and logos of EOTECH, LLC. and its affiliates used and displayed on our website are our registered and unregistered trademarks. Requests to use trademarks owned by other companies which may be mentioned on this website should be directed to such other companies. We actively and vigorously enforce our intellectual property rights. Our trademarks, service marks and logos may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our website, without our prior written permission.

Third-Party Websites and Links

This website may contain data feeds, links or references to other websites maintained by third parties over which EOTECH, LLC. has no control. In addition, this website may contain third-party content. Such data feeds, links, references or content are provided merely as a convenience. Similarly, this website may be accessed from third-party links over which EOTECH, LLC. has no control. EOTECH, LLC. makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in third-party websites or content provided by third parties and shall have no liability for any damages or injuries of any kind arising from such content or information, including direct, incidental, consequential, indirect or punitive damages. Inclusion of any third-party data feed or link does not imply an endorsement, adoption or recommendation by EOTECH, LLC. If you decide to access any of the third-party websites linked to this website, you do so entirely at your own risk.

Communications With the Company or Its Affiliates

This website has features that enable you to communicate with representatives of EOTECH, LLC. (including members of its Board of Directors), its affiliates and representatives of such affiliates. Use of these features to communicate with any of the foregoing shall not be deemed to create a business, fiduciary or other form of relationship between you and the recipient.

All submissions, documents, materials, postings, comments, remarks, suggestions, ideas, graphics, or other information communicated from users to EOTECH, LLC. to this website will forever be the property and intellectual property of EOTECH, LLC. and will not be required to treat any such submission as confidential, unless otherwise expressly provided. Further, EOTECH, LLC. will be entitled to use any such submission for any purpose whatsoever, commercial or otherwise, without compensation to you or anyone else.

Changes

EOTECH, LLC. reserves the right, at its sole discretion, to supplement or modify these Terms and Conditions in whole or in part, at any time. Any such supplement or modification will become effective when it is posted on the website. Your continued use of the website after any supplements or modifications to these Terms and Conditions are posted will be considered acceptance thereof.

EOTECH, LLC. may terminate, change, suspend or discontinue any aspect of the website, including the availability of any features of the website, at any time. EOTECH, LLC. may also impose limits on certain features and services or restrict your access to parts or the entire website without notice or liability.

Indemnification

You agree that you shall defend, indemnify and hold harmless the Company, its affiliates and their respective stockholders, directors, officers and employees from and against all claims, judgments, damages, liabilities, settlements, losses, costs and expenses, including attorneys' fees and disbursements, arising from or relating to your use of any goods purchased from us.

Limitations of Liability

EOTECH, LLC. and its affiliates will not be liable for any damages or injury, including, but not limited to, direct, indirect, incidental, consequential damages or punitive damages, that result from the use of (or the inability to use) this website and its contents, or a website linked to this website, including any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, computer virus, line failure, or other computer malfunction. In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, the liability is limited to the greatest extent permitted by law.

Disclaimer

The material in this website may include technical inaccuracies or typographical errors. EOTECH, LLC. may make changes at any time.

THIS WEBSITE IS PROVIDED BY EOTECH, LLC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. EOTECH, LLC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. EOTECH, LLC. DOES NOT WARRANT THAT THE INFORMATION IN THIS WEBSITE IS ACCURATE, COMPLETE, CURRENT, RELIABLE OR CORRECT, THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

Compliance With Local Laws

This website is controlled and administered by EOTECH, LLC. from its offices within the United States, and this website and its contents are intended to comply with applicable laws and regulations in the United States. Although the information on this website is accessible to users outside of the United States, EOTECH, LLC. makes no representation that the content of this website complies with laws and regulations of any jurisdiction outside of the United States or that such content is appropriate or available for use in any such jurisdiction. Access to any content on this website from locations where such content is illegal is prohibited. If you choose to access this site from locations outside of the United States, you are responsible for compliance with any applicable local laws and regulations. You may not use or export any of the information on this website in violation of U.S. export laws and regulations.

Waiver

No waiver by EOTECH, LLC. of any right under or term or provision of these Terms and Conditions will be deemed a waiver of any other right, term, or provision of these Terms and Conditions.

Applicable Law

These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the State of New York. Any legal suit, action or proceeding based on or arising out of the use of this website shall be brought exclusively in any U.S. federal or New York State court in Manhattan, New York.

Integration and Severability

If any provision of these Terms and Conditions is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of the remaining provisions. The preceding Terms and Conditions of use represent the entire agreement between EOTECH, LLC. and the user relating to the subject matter herein.