Terms of Use and Terms of Service

Last updated: Feb. 16, 2023

Dark Saint Technology, LLC., and related partners or vendors provide its websites accessible at www.DarkSaintTechnology.com, www.DarkSaint.technology  (individually or collectively, the “Website”) to you subject to the following Terms of Use.  By accessing or using the website and services in any way or by agreeing to provide submissions to Dark Saint Technology, LLC., you are agreeing to the terms of use below as well as the Dark Saint Technology, LLC., privacy policy.

Please read these Terms of Use and Terms of Service ("Terms", "Terms of Use", "Terms of Service") carefully before using the DarkSaintTechnology.com website (the "Service") operated by Dark Saint Technology, LLC ("us", "we", or "our"). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

PURCHASES
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

AVAILABILITY, ERRORS AND INACCURACIES
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

INTELLECTUAL PROPERTY
The Service and its original content, features and functionality are and will remain the exclusive property of Dark Saint Technology, LLC., and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Dark Saint Technology, LLC.  Dark Saint Technology, LLC. trademarks displayed on this Website are trademarks or registered trademarks of Dark Saint Technology, LLC., and its affiliated companies in the United States and internationally. All other trademarks are the sole property of their respective companies. Any reproduction, modification, display or creation of derivative works from or redistribution of the Website, any content on the Website or the collective work, and/or copying is prohibited including but not limited to reproduction to any other server or location for further reproduction or redistribution. All content displayed on or through the Website including but not limited to videos, photos, blogs, product descriptions, data sheets, FAQs is owned exclusively by Dark Saint Technology, LLC., and/or its affiliated companies and/or suppliers and/or licensors and is protected by copyright or other laws, including as a collective work and/or compilation, pursuant to copyrights laws, and international conventions.  

LINKS TO OTHER WEB SITES
Our Service may contain links to third party web sites or services that are not owned or controlled by Dark Saint Technology, LLC.  Dark Saint Technology, LLC., has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Dark Saint Technology, LLC., shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

SUBMISSIONS
You may not use the Website for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Website to solicit other Website visitors or users to visit or become members of, subscribe to, or register with any commercial online service or other organization, and/or collect or store personal data or attempt to collect or store personal data about other users of the Website. You acknowledge that you are responsible for any information (“User Content”) provided or made available to Dark Saint Technology, LLC., or its vendors or partners. You agree to allow the use of User Content that is on third party companies’ websites, for example Instagram, or Twitter, that is associated with hashtags or otherwise related to Dark Saint Technology, LLC. Such Submissions may be used on the Website and/or on other Dark Saint Technology, LLC., marketing materials, including emails and social media. You may only make a Submission if you are 18 years of age or over. Any Submission will be treated as non-confidential. Any Submission also will be treated as non-proprietary, except as specifically set forth herein. If you make a Submission, you represent and warrant that you own or otherwise control any rights to your Submission and any and all elements thereof. You represent that your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality. You further represent and warrant that your Submissions comply with all applicable laws, rules and regulations, and any third party agreements to which you are subject. You agree to indemnify Dark Saint Technology, LLC., our vendors, and third parties and any of our or their respective parents, affiliates, licensees, licensors, and each of our or their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with (a) the use of any Submission, including, without limitation, all claims arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of your or any other person's or entity's name.

Dark Saint Technology, LLC., specifically prohibits you from sending us any information that you consider to be confidential or proprietary through this Website. Please note that if you do send us any such information or material, the information will be non-confidential and non-proprietary and Dark Saint Technology, LLC., will not have any obligation or liability to you arising from Dark Saint Technology, LLC.’s and/or any third party’s receipt or use of such information or material.

USER CONDUCT
You agree not to transmit to Dark Saint Technology, LLC., any information or post, email, or otherwise make any Submission of User Content that: is unlawful, harmful, threatening, defamatory, libelous, or is harmful to minors in any way; impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity; is false, deceptive, misleading; infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupts normal business processes with excessive volume amounts of Submissions (flooding attack) to the Website, employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Submissions transmitted through the Website.  Additionally, you agree to not to use automated means, including data mining tools, spiders, crawlers, robots, or the like to download data from the Website; attempt to gain unauthorized access to Dark Saint Technology, LLC., computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Website.

Dark Saint Technology, LLC., may refuse, delete, modify, edit or remove any Submissions at any time for any reason and Dark Saint Technology, LLC., may terminate your access to the Website at any time for violation of these terms of use or any other reason. 

TERMINATION
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

INDEMNIFICATION
You agree to defend, indemnify and hold harmless Dark Saint Technology, LLC., and its licensee and licensors, and their affiliates, partners, vendors, suppliers, employees, contractors, sub-contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (i) your use and access of the Service, or (ii) a breach of these Terms.

LIMITATION OF LIABILITY
In no event shall Dark Saint Technology, LLC., nor its licensee and licensors, affiliates, partners, vendors, suppliers, employees, contractors, sub-contractors, agents, officers and directors, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

DISCLAIMER
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Dark Saint Technology, LLC., its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

DISCLAIMER OF WARRANTIES
You agree that use of the website is entirely at your own risk. The website is provided on an "as is" or "as available" basis, without any warranties of any kind. To the fullest extent permitted by law, Dark Saint Technology, LLC.,  disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the website.  To the fullest extent permitted by law, this website disclaims any warranties for other services or goods offered by third parties, received through or advertised on the website, or accessed through any links on the website. To the fullest extent permitted by law, Dark Saint Technology, LLC., disclaims any warranties for viruses or other harmful components in connection with the website. Under no circumstances shall Dark Saint Technology, LLC., be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Dark Saint Technology, LLC., has been advised of the possibility of such damages), resulting from your misuse of the website, from your inability to use the website, or from the interruption, suspension, modification, alteration, or termination of the website. 

EXCLUSIONS
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of the Commonwealth of Virginia, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

This Website is operated, in whole or in part, from the United States. User access to this Website is governed by all applicable federal, state and local laws. All information available on the Website is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. All Dark Saint Technology, LLC., products and publications are commercial in nature. Dark Saint Technology, LLC., does not make any representations regarding the legality of access to or use of this Website or the information contained therein from other countries. Access in countries where the information contained herein or the products sold through this website are illegal is prohibited. Users who access this Website from outside of the United States do so at their own risk and are responsible for compliance with applicable U.S. export and local country laws. By using this Website, regardless of where you live in the world, you consent to have your personal data transferred to and processed and collected in the United States in compliance with the privacy policy.

DISPUTES AND ARBITRATION AGREEMENT
Any dispute or claim relating in any way to the website, our products, our technology and our services, any dealings with us and our customer service agents, any representations made by us, and/or your use of our websites (including without limitation claims relating to the breach of the terms of use, privacy policy or the unauthorized disclosure of personally identifiable information) will be resolved by binding arbitration, rather than in court. This also includes any dispute or claim that arose before you accepted these terms of use, regardless of whether prior versions of the terms of use required arbitration. Unless you proceed with a small claims action, the federal arbitration act and federal arbitration law will apply. If for any reason a claim proceeds in court rather than in arbitration we both hereby waive any right to a jury trial. Any dispute resolution proceedings will be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated or representative action. Unless we both agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative, consolidated or class proceeding. If the requirements of this paragraph are found to be unenforceable, then the entirety of this arbitration provision shall be null and void except for the waiver of any right to a jury trial described in the previous

CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

PRODUCT USE
We do not accept any liability for the results of the use of our products. The technical data contained in this website and any related emails, digital format, face to face meetings, personal conversations, trade shows or written marketing collateral reflects our best knowledge at the time of publication. The content of this website, and other mediums mentioned above, is subject to change, depending on new developments and findings, and a similar reservation applies to the properties described in it. Data sheets are for informational purposes and should not be used at a substitute for independent testing or expert analysis.

The information conveyed by Dark Saint Technology, LLC., and contained within this website, printed material, emails, phone conversations, face to face meetings or any other digital or printed formats is intended solely for general guidance and any data contained within those mediums or conversations may change at any time, without further notice. Any information conveyed by Dark Saint Technology, LLC., does not constitute an offer, warranty, representation, approval, terms or condition.  Any information conveyed by Dark Saint Technology, LLC., does not substitute the need for seeking adequate independent technical expertise, testing or judgment employed on the behalf or used by any potential customer. Any information provided by Dark Saint Technology, LLC., does not release the user from the obligation to verify such information and to perform its own testing and analysis to determine the suitability of the products for the intended process, use or specific application.  The customer, user, purchasing agent or purchasing agency accepts all liability in respect of or resulting from the application, processing, use of, or reliance on, the aforementioned information or products or any consequences thereof.

TESTING
Absolutely under no circumstances should body armor be worn by a live human and test fired upon. Specialty ballistic gel, ballistic dummies and ballistic clay blocks are available for testing purposes and have been reliably proven to simulate human-like properties. These firearm industry specific test mediums can provide data points and reasonable estimates on the capabilities of body armor while also maintaining personal safety within a laboratory testing environment. For more information on ballistic armor testing, see the NIJ website.