Shellback Tactical, LLC
WEBSITE TERMS AND CONDITIONS
https://www.shellbacktactical.com/

Last modified August 19, 2024

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

BY ACCESSING, USING, AND/OR PLACING AN ORDER FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ, ACCEPT, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND OUR Privacy Policy. YOU ALSO AFFIRM THAT IF YOU PLACE AN ORDER ON THE WEBSITE ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

YOU MAY NOT ACCESS OR USE THIS WEBSITE, OR ORDER OR PURCHASE PRODUCTS OR SERVICES FROM THIS WEBSITE, IF YOU (i) DO NOT AGREE TO THESE TERMS AND CONDITIONS, (ii) ARE NOT AT LEAST 18 YEARS OF AGE, OR (iii) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, PRODUCTS, OR SERVICES BY APPLICABLE LAW.

TABLE OF CONTENTS

Acceptance of these Terms and Conditions
Changes to these Terms and Conditions
Accessing the Website and Account Security
Purchases of Products
Returns and Exchanges
Product Warranties
Body Armor Policy
U.S. Export Regulations
Intellectual Property Rights
Site Use
Prohibited Uses
Monitoring and Enforcement; Termination
Copyright and Trademark Infringement
Reliance on Information Posted
Changes to the Website
Information about You and Your Visits to the Website
Links from and to the Website
Third-Party Services and Access to Third-Party Sites
Geographic Restrictions
Disclaimer of Warranties
ASSUMPTION OF THE RISK AND LIMITATION OF LIABILITY
INDEMNIFICATION
Force Majeure
Governing Law and Jurisdiction
Dispute Resolution and Binding Arbitration
Assignment
No Third-Party Beneficiaries
Notices
Waiver and Severability
Entire Agreement
Your Comments and Concerns

1. Acceptance of these Terms and Conditions

These terms and conditions, together with any documents referenced and incorporated herein (“Terms and Conditions”), form an agreement between you and Shellback Tactical LLC (“SHELLBACK TACTICAL,” “we,” “our,” or “us”) regarding your access to and use of our website located at https://www.shellbacktactical.com/, including any content, functionality, and Services (as defined below) offered on or through https://www.shellbacktactical.com/, and any other media form, mobile website or mobile application related, linked, or otherwise connected thereto (the “Website”).

Please read these Terms and Conditions carefully before you start to access or use the Website or any of the services offered on the Website, sign up for an Account (as defined herein), make any purchases of products or services offered on the Website, or access or use any other features or materials provided on the Website (the “Services”). By accessing and using the Website and its Services, you accept and agree to be bound by and to abide by these Terms and Conditions and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms and Conditions or the Privacy Policy, you must not access or use the Website or participate in the Services.

The Website is only offered to users who are at least eighteen (18) years old, and able to enter into an enforceable agreement with SHELLBACK TACTICAL. If you are not a legal adult, you are not authorized to use the Website and must cease all further access to and use of the Website. By using the Website, you represent and warrant that you meet all the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

2. Changes to these Terms and Conditions

We may revise, update, and otherwise modify these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them to the Website, and such changes apply to all access to and use of the Website and participation in the Services. We also retain the option, but not the obligation, to post a notification to your Account (as defined below) and/or email you when these Terms and Conditions are updated. Your continued use of the Website or participation in the Services following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you.

3. Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any Services, products, or materials we provide on or through the Website, in our sole discretion, at any time, for any or no reason, without notice to you. We will not be liable if, for any reason, all or any part of the Website or our Services are unavailable at any time or for any period of time. From time to time, we may restrict access to some parts of the Website or Services to specific users, which may or may not include you, or to no users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website; and

• Ensuring that all persons who access the Website through your internet connection are aware of and comply with these Terms and Conditions and the Privacy Policy.

To access the Website and the Services, you may be required to set up an account using your first and last name, email address, company name, mailing address, phone number, city, state, and/or country (your “Account”). It is a condition of your use of the Website that all the information you provide on the Website, including when setting up your Account and/or participating in the Services, is correct, current, and complete. You agree that all information you provide in connection with your access to and/or use of the Website, including to register with this Website, to create an Account, to place an order for a product, to participate in the Services, or otherwise, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

It is the responsibility of every user to help ensure the security, integrity, and privacy of the Website. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, whether in connection with an Account or otherwise, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account, if you choose to create one, is personal to you, and you agree not to provide any other person with access to the Website, or portions of it, using your username, password, or other security information.

Further, you accept that any breach of any third party rights resulting from your prohibited disclosure or negligent safekeeping of your Account login credentials that results in any liability of any nature whatsoever shall be your sole liability. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security of which you reasonably suspect or become aware. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We expressly reserve the right to limit and/or deny you access to and use of some or all of the Website and Services in our absolute and sole discretion, for any reason, and for any period of time, including indefinitely. We have the right to disable any Account, username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our sole opinion and discretion, you have violated any provision of these Terms and Conditions or the Privacy Policy.

4. Purchases of Products

A. Order Acceptance

You agree that your order is an offer to buy, under these Terms and Conditions, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders in our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered (“Order Confirmation”). Our acknowledgement of an order, whether via an Order Confirmation or otherwise, means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. Your order shall be deemed to be accepted by us when we ship your order.

B. Prices and Payment Terms

All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price advertised on this Website at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your Order Confirmation. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your Order Confirmation.

We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

As part of our shipping procedures, we verify the availability and the price before an item is shipped. If an item's correct price is lower than our stated price, it is our policy to charge the lower amount and ship you the item. If an item's correct price is higher than our stated price, if the item is no longer available, or if we determine that there were inaccuracies in our product information, we will contact you to see how you would like to proceed.

SHELLBACK TACTICAL reserves the right to refuse or cancel any such orders whether or not the order has been confirmed or your payment method has been charged. If you have already been charged for the purchase and your order is cancelled, SHELLBACK TACTICAL shall issue a refund or credit to your payment method in the amount that you were charged. For credit card payments, please allow 2 to 5 business days for your credit card issuing bank to release the credit.

Terms of payment are within our sole discretion, and payment must be received by us before our acceptance of an order. We currently accept multiple payment methods that are supported and processed by our third-party payment processors, which may include, without limitation, Authorize.net, PayPal, Venmo, Google Pay, and Sezzle. When you place an order for a product or service, you represent and warrant that (i) information you supply to us in connection with your selected method of payment is true, correct and complete, (ii) you are duly authorized to use such payment method (i.e. that particular credit card, debit card, or bank account) for the purchase, (iii) charges incurred by you will be honored by your credit card company and/or bank, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.

C. Shipping

We will arrange for shipment of the products to you. Please check the individual product page and/or the order checkout page for specific delivery options. You will pay all shipping and handling charges unless otherwise specified in the Order Confirmation. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.

Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

We will endeavor to ship all orders placed on the Website within twenty-four (24) hours after you place the order. This does not include weekends or federal holidays. We will attempt to ship Website orders placed before 12 PM EST on the same day the order is placed.

SHELLBACK TACTICAL regularly offers free shipping on orders of $150 or more. However, free shipping is not available to Alaska, Hawaii, or locations outside the continental United States. For all free shipping orders, we will ship via our carrier and method of choice. If you need your items quicker, please choose an expedited shipping option at checkout. You will be responsible for paying any costs for the expedited shipping. Wholesale and bulk orders do not qualify for free shipping unless expressly noted by SHELLBACK TACTICAL.

D. Body Armor Products Shipping

As explained in our Body Armor Policy below, we cannot ship Body Armor products to New York or Connecticut unless the legal requirements for those states are met. Additionally, we cannot ship Body Armor products internationally or to APO/FPO/DPO addresses without prior approval from the U.S. Department of Commerce or U.S. Department of State.

E. APO/FPO/DPO Shipping and Checkout Instructions

SHELLBACK TACTICAL offers shipping to U.S. service members at overseas Army Post Office (“APO”), Diplomatic Post Office (“DPO”), and Fleet Post Office (“FPO”) locations throughout the world. However, please note that Body Armor products are restricted by ITAR regulations and cannot be shipped to APO, DPO and FPO locations. Please only attempt to ship Body Armor items to addresses within the continental U.S., Alaska and Hawaii.
Products may only be shipped to APO, FPO, or DPO addresses using the U.S. Postal Service. APO, FPO, and DPO shipments can take up to 8 weeks or more for delivery to the final destination. The final leg of the shipment is via military transport and USPS, and SHELLBACK TACTICAL has no control over the shipment transit times. For more information on USPS shipping times, please visit https://faq.usps.com/s/article/Sending-Military-and-Diplomatic-Mail#military_mail_transit_times.


To ship a product to an APO, FPO, or DPO location, at checkout:

• Choose United States as the shipping country;
• Choose armed forces (Europe, Pacific, Americas, Africa or Middle East) for your state;
• Enter your Unit information in the two Address fields; and
• Make sure to include your rank and first and last name in the name fields.

If you have any questions related to APO / FPO / DPO shipping, please feel free to contact us using the information in the Your Comments and Concerns section.

F. Delivery Times

The following are estimated delivery times based on information provided by UPS and USPS as of the date these Terms and Conditions were last modified. For current information on these carriers’ respective delivery times, please visit https://www.ups.com/us/en/support/shipping-support/shipping-services.page and https://www.usps.com/ship/mail-shipping-services.htm.

Shipping Service Transit Time
UPS Ground 3–7 Business Days
UPS 2nd Day Air 2 Business Days
UPS Next Day Air 1 Business Day
USPS Ground Advantage 3–10 Business Days
USPS Priority Mail 1–3 Business Days

G. Order Cancellations, Refusals, and Address Changes

You may submit a request to cancel your order at any time before the item has been released for fulfillment by contacting us via email at customers@shellbacktactical.com or by phone at 1 (888) 493-1855. Requests must be made by 9 AM EST on the day following the day the order was placed. If the order was placed after 12 PM EST on a weekend or on a holiday, then the timeframe will roll-over to 9 AM EST on the next business weekday. It is our policy to not cancel orders after the item has been released for fulfillment. If you wish to return or exchange a product after it has been delivered to you, please follow our Returns/Exchange Policy below.

I. Back Orders

Despite our best efforts, items may be unavailable for immediate shipment. Should you place an order for an item that is not available for immediate shipment, we will contact you.

5. Returns and Exchanges

A. Returns/Exchange Policy

We stand behind our products 100% and want you to be satisfied with your purchase. If you are unhappy with your item, or if you receive the incorrect item, you can request a return or exchange up to thirty (30) days after your order is delivered. To qualify for a return or exchange, the item must be in new, unworn, or unopened condition and free of any signs of wear or tear. Any items that you send to us for return or exchange must be shipped to us in the original packaging and placed inside of another box.

Please note that we do NOT offer refunds or exchanges for certain products due to the nature of such products. All sales for these products will be FINAL. The following items cannot be returned or exchanged: Body Armor, customized items, closeout items, special order items, or medical supplies. The product listing page for such product may indicate that the item is not returnable by including language such as “ALL SALES ARE FINAL.” However, we cannot guarantee the presence of such language in all such product listings in all instances.

All items returned for a refund are subject to a restocking fee up to twenty-five percent (25%) of the purchase price. All items returned for an exchange are NOT subject to a restocking fee.

If SHELLBACK TACTICAL sends you a damaged, defective, or incorrect item, we will pay the shipping charges to and from your address. If SHELLBACK TACTICAL sends the correct item to the address submitted with the order and it is refused by you, all shipping charges to and from the address will be deducted from the refund. This includes all shipping charges for any items or orders for which you received, or for which we advertise, “free shipping”.

B. Returns/Exchange Process

To return or exchange an item, you must follow the below return/exchange process:

  • Request a Return Merchandise Authorization (“RMA”) number by contacting us via customers@shellbacktactical.com or 1 (888) 493-1855.
    • When requesting a RMA, please provide the order number and a reason for the return or exchange.
  • We will process your request and, within 1–2 business days, a sales representative will contact you and provide you with the RMA number. 
    • We may also request additional information and/or documentation regarding your order and the reason for the return or exchange.
  • Return the item to us.
    • Items can be shipped via your carrier of choice or using our prepaid return shipping label (if provided to you).
    • Items must be shipped in their original packaging and placed inside of another box when shipped.
    • RMA number must be prominently displayed on the return package.
  • Please allow 1–5 business days (or the estimated delivery time provided by the carrier, if longer) for transit of the package back to our distribution center.
  • Once we receive the item, please allow 1–2 business days for our returns/exchange team to process the RMA.
    • The cost of shipping and/or restocking fees will be deducted from refund total.
    • For exchanges, you will be responsible for paying the shipping costs to send the replacement item to you.

6. Product Warranties

A. Nylon Products

Our nylon products are built to last, and we back them with a lifetime warranty against manufacturing and material defects. Please note that this warranty only applies when the product is used for the purpose intended and not against every-day wear and tear, modifications, alterations, or improper use. The determination of whether a product will be repaired or replaced under this warranty will be evaluated on a case-by-case scenario. We cover the shipping cost on authorized warranty claims. To request a warranty claim, contact us at customers@shellbacktactical.com or 1 (888) 493-1855.

B. Armor Products

Each of our armor products have different ballistic warranty lengths based on threat level. See the particular product description and label for details.

7. Body Armor Policy

A. Definition of “Body Armor”

As used in these Terms and Conditions, the term “body armor” includes, without limitation, soft armor, hard armor, armor plates, helmets, and any other products that may be considered “body armor” under applicable law (“Body Armor”).

B. Compliance with Laws

SHELLBACK TACTICAL does not promote and does not condone the selling of Body Armor to minors or felons. This is illegal under federal and/or state law. You are solely responsible for determining whether you may lawfully purchase Body Armor from the Website. You are solely responsible for complying with all federal, state, and local laws, ordinances, and/or regulations regarding the sale, purchase, use, and/or possession of Body Armor. SHELLBACK TACTICAL shall not be responsible or liable for any Body Armor purchases made in violation of federal, state, or local law. SHELLBACK TACTICAL reserves the right to refuse to accept or to cancel any orders on the basis that it suspects or determines, in its absolute discretion, that your purchase may violate or threatens to violate any applicable law; except that this right shall not be construed to require SHELLBACK TACTICAL to undertake any investigation or make any determinate as to whether your order complies with applicable law. That is solely your responsibility. By purchasing any of the items that we sell on the Website, including without limitation Body Armor, you are confirming that you have no intent to use that item in a way that would violate any applicable law.

C. Your Representations and Warranties

By placing an order on the Website for Body Armor, you are expressly representing and warranting to SHELLBACK TACTICAL that:

  • You are a legal adult of 18 years or older;
  • You are a United States citizen, or permanent resident (i.e., greencard holder);
  • You are legally allowed to purchase the specified item in your state;
  • You are legally allowed to possess the specified item in your state;
  • You are not a convicted felon;
  • You are not purchasing the item on behalf of someone else in order to avoid complying with or to violate federal, state, or local law;
  • You do not intend to and will not export the item outside of the United States; and
  • You have no intent to use the item in a way that would violate federal, state, or local laws, ordinances, or regulations.

You understand, acknowledge, and agree that SHELLBACK TACTICAL may reasonably rely on these representations and warranties when accepting and fulfilling your order for Body Armor.

D. Disclosure to Law Enforcement

Consistent with our Privacy Policy, SHELLBACK TACTICAL may share information concerning Body Armor purchases in response to a law enforcement request or court order, or as otherwise required under applicable law.

E. Restrictions on Sales/Shipments to New York and Connecticut

Under New York law, we CANNOT sell or deliver Body Armor to New York unless the purchase is made by a federal, state, or local government agency for the purpose of furnishing such body armor to employees engaged in law enforcement, military, and other “eligible professions” (as defined under New York law and associated regulations). See, e.g., N.Y. Penal Law §§ 270.21–270.22; N.Y. Gen. Bus. Law § 396-eee; N.Y. Exec. Law § 144-a. See also https://dos.ny.gov/body-armor. New York law defines “body armor” as “any product that is a personal protective body covering intended to protect against gunfire, regardless of whether such product is to be worn alone or is sold as a complement to another product or garment.” See N.Y. Penal Law § 270.20.
Under Connecticut law, we CANNOT sell or deliver Body Armor to Connecticut unless the sale and delivery are made to a member of law enforcement or military, or to other eligible individuals (as specified under Connecticut law). See Conn. Gen. Stat. § 53-341b. See also https://www.cga.ct.gov/2009/rpt/2009-R-0401.htm. Connecticut law defines “body armor” as “any item designed to provide bullet penetration resistance and to be worn on or under clothing on the body, like a vest or other article of clothing.” Conn. Gen. Stat. § 53-341b.

If you are located in New York or Connecticut and wish to purchase Body Armor from our Website, you must contact our customer service at (888) 493-1855 or customers@shellbacktactical.com.

F. Body Armor Return Policy

All body armor sales are final. These items cannot be returned as SHELLBACK TACTICAL no longer has chain of custody of the item and cannot guarantee the ballistic integrity.

8. U.S. Export Regulations

Many items offered on the Website, whether Body Armor or otherwise, may fall under the jurisdiction of the Export Administration Regulations (“EAR”) and/or International Traffic in Arms Regulations (“ITAR”) and may be subject to the export control laws of the U.S. federal government. Export or re-transfer of such items by any means to any foreign (non-U.S.) end user or for any other end use, whether in the U.S. or abroad, without written approval of the U.S. Department of Commerce or Department of State is prohibited.

The sale, transfer, transportation, or shipment outside of the U.S. of any product prohibited or restricted for export without complying with U.S. export control laws and regulations, including proper export licensing, documentation or authorization, is strictly prohibited and may result in civil penalties and/or constitute a federal crime. SHELLBACK TACTICAL will not engage in any transaction that requires the illegal export of any products and will not assist directly or indirectly with the illegal export or re-export of any products. By purchasing a product from SHELLBACK TACTICAL, you agree to comply with US export control laws and regulations (and applicable import laws and regulations, including applicable duties, taxes, and fees) and to indemnify and hold harmless SHELLBACK TACTICAL from any and all liability, including penalties that result from your violations of those laws and regulations.

9. Intellectual Property Rights

The Website, Services, and all content, features, and functionality on the Website (including, but not limited to, all information, code, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by SHELLBACK TACTICAL, its affiliates, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except to access the Website and participate in the Services consistent with the terms and intent of these Terms and Conditions. In addition:

  • 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.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide certain features as part of the Website, such as by providing a link to download certain material, you may take such actions as are enabled by such features.

You further agree not to change or delete any proprietary notices from materials downloaded from the Website. Any permission granted to you by these Terms and Conditions terminates automatically if you violate these Terms and Conditions or our Privacy Policy. No right, title, or interest in or to the Website, the Services, your Account, or any content on the Website is transferred to you, and all rights not expressly granted are reserved by SHELLBACK TACTICAL. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. SHELLBACK TACTICAL expressly reserves all rights in and to its intellectual property, including the right to pursue any and all legal remedies it may have should your breach of these Terms and Conditions constitute intellectual property infringement under applicable international, federal, and/or state law.

If you wish to make any use of material on the Website other than that set out in this section, or are unsure whether a certain use of material would violate the terms of this section, please address your request to the email address provided in the Your Comments and Concerns section.

The name of SHELLBACK TACTICAL®, and the respective company logos associated with SHELLBACK TACTICAL and its affiliates, and all related names, logos, trade dress, product and service names, designs, and slogans (including, but not limited to, the registered trademarks BANSHEE® and BANSHEE RIFLE PLATE CARRIER®) are trademarks of Shellback Tactical, LLC or its affiliates or licensors. You may not use such marks without the prior written permission of SHELLBACK TACTICAL. All other names, logos, product and service names, designs, and slogans on this Website, including without limitation the trademarks of our trusted partners, are the trademarks of their respective owners.

10. Site Use

SHELLBACK TACTICAL grants you a limited, fully-revocable, non-exclusive, non-transferable, non-sublicensable, non-assignable license to use the Website and Services solely for your own use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use.

You agree not to record, download, or otherwise copy any materials on the Website, including, but not limited to, any of the materials provided as part of the Services, or any other videos, pictures, logos, graphics, manuals, guides, product specifications, or other resources offered on the Website, unless we explicitly grant you permission to do so (such as by providing a link to download the particular material). However, the content on the Website may be displayed, reformatted, or printed on your printer for use as personal reference.

You also agree not reverse engineer or break into the Website, or use any of our materials, products, or Services in violation of any law. Your use of this Website is at the sole discretion of SHELLBACK TACTICAL, and SHELLBACK TACTICAL may terminate your use of this Website at any time and for any reason.

11. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of goods, data, or software to and from the U.S. or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms and Conditions.
  • 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 impersonate or attempt to impersonate SHELLBACK TACTICAL or any of its affiliates, an employee of SHELLBACK TACTICAL or any of its affiliates, another user, or any other person or entity that is not you (including, without limitation, by using email addresses or screennames associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or Services, or which, as determined by us in our sole discretion, may harm SHELLBACK TACTICAL or users of the Website or Services, or expose SHELLBACK TACTICAL, users, or any third party to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website or Services, including their ability to engage in any real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, cloud storage, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

12. Monitoring and Enforcement; Termination

We have the right to:

  • Take any action with respect to your access to and use of the Website and Services that we deem necessary or appropriate in our sole discretion, including if we believe your access to and/or use violates these Terms and Conditions, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, violates our Privacy Policy, or could create liability for SHELLBACK TACTICAL.
  • Disclose your identity or other information about you to any third party who claims that you have violated their rights, including their intellectual property rights or their right to privacy.
  • Remove any material on the Website at any time, without notice to you, for any or no reason, in our sole discretion.
  • Suspend, terminate, delete, or revoke access to your Account or to all or part of the Website or Services at any time, for any or no reason, including, without limitation, any violation of these Terms and Conditions.
  • Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or Services, or the products purchased from the Website.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone accessing the Website or Services. YOU WAIVE AND HOLD HARMLESS SHELLBACK TACTICAL AND ITS AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

13. Copyright and Trademark Infringement

SHELLBACK TACTICAL respects the intellectual property rights of others. If you believe that any materials on the Website violate your or any third party’s copyright or trademark rights, you may contact us using the information provided in the Your Comments and Concerns section below. When doing so, please provide the following information: (1) a clear statement identifying the works or marks that you believe to be infringed, such as copyright and/or trademark registration numbers and depictions of the same; and (2) sufficient information about the location of the allegedly infringing materials so that we can find and verify their existence and take appropriate action.

14. Reliance on Information Posted

We strive to describe and display our products accurately on the Website. Despite these efforts, a small number of items on the Website may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Website or in our advertising on other websites. As a result, we cannot and do not guarantee or warrant the accuracy, completeness, or usefulness of any information on the Website, including, without limitation, prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience.

The information presented on or through the Website is made available solely for general information purposes. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by or our affiliates or licensors. All statements and/or opinions expressed in these materials, other than the content provided by SHELLBACK TACTICAL, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of SHELLBACK TACTICAL. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

15. Changes to the Website

We may update the content on this Website from time to time, but we do not guarantee that all content is complete or up-to-date at any given time. If you have a question as to whether certain content is complete or up-to-date, please contact us using the information in the Your Comments and Concerns section below.

16. Information about You and Your Visits to the Website

All information we collect on the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

17. Links from and to the Website

The Website may contain links to other websites and resources provided by third parties. This may include links to websites such as Facebook, Instagram, and other third-party websites. These links are provided for your convenience only. We have no control over the contents of those third-party sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. These links are not express or implied endorsements or approvals by SHELLBACK TACTICAL of any products, services or information available from these websites. If you decide to access any of the third-party websites linked to from the Website, whether placed on the Website by SHELLBACK TACTICAL or otherwise, you do so entirely at your own risk and subject to the terms and conditions and privacy policies for such websites.

Linking from any third-party website to the Website is strictly prohibited, unless we specifically authorize you to do so in writing. You may, however, link to our homepage at https://www.shellbacktactical.com/, provided you do so in a way that is fair and legal, does not damage our reputation or take advantage of it, and does not suggest any form of association, approval, or endorsement on our part without our express written consent.

Additionally, you may not: (i) cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; or (ii) otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms and Conditions.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice for any or no reason. We may disable all or any links at any time without notice in our discretion.

18. Third-Party Services and Access to Third-Party Sites

Certain areas of the Website may be operated on behalf of SHELLBACK TACTICAL by third parties, and may be subject to the terms and conditions and privacy policies of those parties. SHELLBACK TACTICAL is not responsible for any aspect of these third-party service providers or websites, including any purchases made on those sites. Please review any terms and conditions that may apply if and when you visit other areas operated by third parties.

Third parties may provide certain services on SHELLBACK TACTICAL’s behalf related to the Website or Services. SHELLBACK TACTICAL may provide information, including personal information that it collects, to third-party service providers to help us provide the Website and its Services to you. SHELLBACK TACTICAL will take reasonable steps, consistent with the Privacy Policy, to ensure that these third-party service providers are obligated to protect your personal information. You hereby acknowledge that SHELLBACK TACTICAL is not responsible for the disclosure of personal information by a third-party service provider through no fault of SHELLBACK TACTICAL.

19. Geographic Restrictions

SHELLBACK TACTICAL provides this Website from within the United States. Access to the Website may not be allowed or 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 and are responsible for compliance with local laws.

20. Disclaimer of Warranties

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR ANY OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR ACCESS TO OR USE OF THE WEBSITE OR ANY PRODUCTS OR SERVICES USED OR OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES USED OR OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES USED OR OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SHELLBACK TACTICAL NOR ANY PERSON ASSOCIATED WITH SHELLBACK TACTICAL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER SHELLBACK TACTICAL NOR ANYONE ASSOCIATED WITH SHELLBACK TACTICAL REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY PRODUCTS OR SERVICES USED OR OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER/CLOUD THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY PRODUCTS OR SERVICES USED OR OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, SHELLBACK TACTICAL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY SPECIFIC PRODUCT WARRANTIES THAT SHELLBACK TACTICAL OFFERS YOU FOR A PARTICULAR PRODUCT OR WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

21. ASSUMPTION OF THE RISK AND LIMITATION OF LIABILITY

BY PLACING AN ORDER FOR A PRODUCT FROM THIS WEBSITE, YOU ACKNOWLEDGE, AFFIRM, AND AGREE THAT YOU ASSUME ALL RISK AND LIABILITY ARISING FROM OR RELATED TO THE PURCHASE, OWNERSHIP, AND/OR USE (OR MISUSE) OF THAT PRODUCT, REGARDLESS OF ANY ORAL OR WRITTEN STATEMENTS COMMUNICATED TO YOU BY SHELLBACK TACTICAL RELATED TO THE SPECIFICATIONS FOR, CONDITION OF, OR USE OF THE PRODUCT, OR OTHERWISE.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SHELLBACK TACTICAL, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO OR FROM IT, THE PRODUCTS AND SERVICES, OR ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

SHELLBACK TACTICAL’S SOLE AND ENTIRE LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY, SHALL BE THE AMOUNT THAT YOU ACTUALLY PAID FOR THE PRODUCT THAT YOU PURCHASED FROM US.

THE FOREGOING LIMITATIONS ON LIABILITY SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

22. INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SHELLBACK TACTICAL, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING IN ANY WAY TO YOUR ACCESS TO OR USE OF THE WEBSITE, OR PURCHASE, POSSESSION, AND/OR USE OF PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, BODY ARMOR), OR USE OF ANY INFORMATION OBTAINED FROM THE WEBSITE.

23. Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms and Conditions, for any failure or delay in our performance under these Terms and Conditions when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

24. Governing Law and Jurisdiction

All matters relating to the Website and these Terms and Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of South Carolina without giving effect to any choice or conflict of law provision or rule.

25. Dispute Resolution and Binding Arbitration

A. WAIVER OF JURY TRIAL

BY AGREEING TO THESE TERMS AND CONDITIONS, YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU GIVE UP ANY RIGHTS TO LITIGATE CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO SUCH A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

B. AGREEMENT TO ARBITRATE

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, PERSONAL INJURY, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR ACCESS TO OR USE OF THE WEBSITE, OR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

C. Arbitration and Rules

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by these Terms and Conditions. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of these arbitration provisions, including any unconscionability challenge or any other challenge that the arbitration provisions or the Terms and Conditions is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

D. Your Responsibility for Fees

You will be solely responsible for paying any arbitration fees and/or attorneys’ fees that you may incur in connection with any arbitration proceeding brought in connection with these Terms and Conditions. If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee-shifting provided by law.

E. Option for Small-Claims Court

You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within sixty (60) days of your purchase.

F. No Class Actions

The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy, and you agree that any arbitration shall be solely on an individual basis. In any dispute, YOU WILL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

26. Assignment

You agree that you shall not assign or attempt to assign any of your rights or delegate any of your obligations under these Terms and Conditions without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms and Conditions.

27. No Third-Party Beneficiaries

These Terms and Conditions do not and are not intended to confer any rights or remedies upon any person other than you.

28. Notices

A. Notice to You

We may provide any notice to you under these Terms and Conditions by (i) sending a message to an email address you have provided to us or (iii) by posting to the Website. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

B. Notice to Us

To give us notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to:

Shellback Tactical, LLC
Attn: Website Compliance
995 Holland Ave,
Cayce, South Carolina 29033

We may update the address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

29. Waiver and Severability

No waiver by SHELLBACK TACTICAL of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SHELLBACK TACTICAL to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions is held by a legally valid tribunal to be invalid, illegal, or unenforceable for any reason, including without limitation any provision relating to arbitration, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms and Conditions will continue in full force and effect.

30. Entire Agreement

These Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and SHELLBACK TACTICAL regarding the Website and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website or Services. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies, guidelines, or rules that may apply when you use the Website and/or Services.

31. Your Comments and Concerns

This Website is operated by Shellback Tactical, LLC.

To provide feedback or comments, make requests for technical support or for the removal of copyrighted or trademarked materials, to report violations of these Terms and Conditions, or to communicate with us for any other reason relating to the Website and Services, please contact us:

by email at:
customers@shellbacktactical.com

or

by mail at:
995 Holland Ave,
Cayce, South Carolina 29033

or

by phone at:
1 (888) 493-1855

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