Use of the IWA International website (the “Site”) is conditioned upon acceptance of all terms, conditions, policies and notices stated herein. These terms and conditions (“Terms”) apply to your access to and use of the Site, online store, and any other products and services (collectively, the “Services”) provided by IWA International (“IWA” or “we,” “us,” or “our”).
Please read these Terms carefully. By accessing or using any part of the Site, you agree to be bound by these Terms as they may be amended by IWA from time to time in our sole discretion. If you do not agree to all the terms and conditions of this agreement, you must immediately leave the Site and cease all use of the Services. It is your responsibility to review these Terms periodically. You can review the most current version of the Terms at any time on this page. Your continued use of or access to the Site following the posting of any changes to the Terms constitutes acceptance of those changes.
BY AGREEING TO THESE TERMS, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER IN THIS AGREEMENT.
If you have any questions concerning these Terms, or purchases made through our Site, you can contact us by visiting www.iwainternational.com.
When you are required to open an account to use or access the Site or Services, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a username and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify IWA immediately regarding any unauthorized use of your account, username, or password. IWA shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by IWA, its affiliates, officers, directors, employees, consultants, agents, and representatives due to another party’s use of your account or password.
2. CONTENT SUBMITTED BY SITE USERS
If you post any content to the Site or otherwise submit material to IWA (“User Content”), including but not limited to, photographs or testimonials, you grant IWA and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content. You will not be compensated for any User Content. You agree that IWA may publish or otherwise disclose your name in connection with your User Content. By posting or submitting User Content to IWA or the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute such content.
IWA International and other marks indicated on our Site are trademarks owned exclusively by IWA International. The use of these trademarks and trade dress is prohibited if used (a) in connection with the sale of any product that is not IWA International’s; (b) in any manner that seeks to disparage or discredit IWA International; or (c) in any manner that may cause confusion among our customers.
All content on this Site, including but not limited to, text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans, software and other content contained therein are owned by or licensed to IWA and are protected under both United States and international copyright laws and we reserve all rights contained therein. In case of dispute or infringement, we will rigorously defend our rights to this material.
IWA grants you a limited, nonexclusive, nontransferable, non-sub-licensable, revocable license to access and make personal use of this Site. This license does not include the right to download any material (other than routine page-caching), or modify any material, or any portion thereof, without the express written consent of IWA. This license further excludes the download or collection of logos, product descriptions, pricing, text, graphics, audio and video clips, or duplication of account information. This Site, or any portion thereof, may not be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without the express written consent of IWA. You are prohibited from using meta tags or any other hidden text utilizing IWA’s name or trademarks without the express written consent of IWA. Any unauthorized use of this Site voids the limited license granted by IWA.
6. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content as follows: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.
7. REDEMPTION OF FREE PRODUCT & COUPON OFFERS
From time to time, IWA offers its clients special offers and discount codes to be used in conjunction with the Site. These offers are frequently disseminated via the Site and through email to those who have registered with our email database. These offers are occasionally posted on our Site’s homepage (www. IWAINTERNATIONALINC.com) or announced via other means of communication in conjunction with the promotion of the IWA product collection, including radio and television broadcasts, internet forums, and various online websites.
In order for a client to qualify for any special offer, IWA will, at our sole discretion, determine if all necessary purchasing criteria has been met. If it is determined that a potential recipient has circumvented the software safeguards of the Site in order to receive free products, IWA may, at our sole discretion, remove any extraneous free product(s) from your order, or cancel the order in its entirety.
8. AFFILIATED SITES
IWA has no control over or liability for any third-party websites or materials. IWA works with partners and affiliates whose websites may be linked with our Site. Because neither IWA or the Site has control over the content and performance of these partner and affiliate websites, IWA makes no guarantees about the accuracy, currency, content, or quality of the information provided by such websites, and IWA assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those websites. Similarly, from time to time, in connection with your use of the Site, you may have access to content items, including, but not limited to, websites, that are owned by third parties. You acknowledge and agree that IWA makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content or quality of this third-party content, and that unless expressly provided otherwise, these Terms shall govern your use of any and all third-party content.
9. SMOKE & DISTRACTION DEVICE SALES
Notwithstanding anything in these Terms to the contrary, any purchase of the following IWA smoke and distraction devices, TLSFx Ball Grenade M10 Marking Device or TLSFx Distraction Device M12 (each a “Device” and collectively “Devices”) are subject to the terms and conditions of this Section 9.
Pursuant to regulation 27 CFR §555.32, the Devices do not pose a threat to public safety when acquired, distributed, possessed, stored and/or used for their intended purposes in the following activities: (a) military, law enforcement, and private security training and simulation; (b) deterring wildlife/wildlife pest control; and (c) paintball/Airsoft and similar “wargame” activities.
As per the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the following conditions apply to the purchase of Device(s) through our Site:
(i) You must be 18 years of age or older to purchase such Devices;
(ii) You may only purchase such Devices after watching our safety instruction video, which can be found here: https://www.youtube.com/watch?v=hdkVeAaHaBo; and
(iii) You must certify that such Devices shall only be used by persons 18 years of age or older, and that the use is limited to one of the activities listed in subsections (a) – (c) of this Section 9.
Certified IWA Dealers (each a “Dealer” collectively “Dealers”) must abide by the following conditions for over-the-counter sales of any Device(s):
Any over-the-counter sales to parties who are not law enforcement, military, or security personnel, may only be made after the purchaser has been given safety instruction by the Dealer; and after the purchaser has certified in writing that the Device(s) will only be used by persons 18 years of age or older for one of the intended purposes or activities listed in subsections (a) – (c) of this Section 9.
The purchase of Devices or any other pyrotechnics (collectively “Articles Pyrotechnic”) made through our Site are subject to Federal law, as well as your State and local laws. In the event that you purchase any Articles Pyrotechnic through our Site, the responsibility to follow your State’s laws falls solely upon you. For more information about your State’s laws regarding Articles Pyrotechnic, please visit: https://www.americanpyro.com/state-law-directory.
The terms and conditions described in this Section 9 and elsewhere on the Site apply each and every time you purchase any Article Pyrotechnic from IWA.
10. ORDER & SHIPMENT POLICIES
As per the order of the U.S. Department of Transportation (DOT), the following pyrotechnic devices may not be shipped together, or in any combination thereof: M10 Ball Grenade Marking Device, M12 Distraction Device, or M14 Smoke Grenade (each a “Hazmat Device,” collectively “Hazmat Devices”).
You may purchase multiple units of a single Hazmat Device in one order and shipment, however, you may not combine any additional Hazmat Device(s) in the same order and shipment, nor may you combine a Hazmat Device with any other product available on the Site that is not considered a Hazmat Device (“Non-Hazmat Items”) in the same order and shipment.
Should you wish to purchase a combination of Hazmat Devices, or a combination of Hazmat Device(s) with any Non-Hazmat Item(s), you must execute separate orders and shipments in accordance with these terms. Any transaction in violation of these order and shipment policies will not be authorized on the Site. These order and shipment polices are drafted in accordance with DOT regulations, in conjunction with FedEx shipping policies. We apologize for any inconvenience.
11. SHELF LIFE
All Articles Pyrotechnic available on the Site have a two-year expiration date from the date of manufacture. IWA recommends storing all Articles Pyrotechnic in a cool, dry place. Proper storage may increase the shelf life of Articles Pyrotechnic between five (5) to ten (10) years from the date of manufacture.
The Services are provided “as is” and “as available.” IWA disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these Terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, IWA makes no representation, warranty, or guarantee regarding the reliability, quality, suitability, or availability of the Services or that the Services will be uninterrupted or error-free. By using this Site or its Services, you agree to abide by the safety measures described herein and in accordance with any additional safety measures relating to the use of our products. You agree that the IWA shall not be held liable for any injuries relating to the misuse of our Services, and that such risk remains solely with you, to the maximum extent permitted under applicable law.
13. LIMITATION OF LIABILITY
In no case shall IWA or its affiliates be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify and hold harmless IWA and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
15. GOVERNING LAW
These Terms shall be construed in accordance with and governed by the laws of the United States and the State of Florida, without reference to their rules regarding conflicts of law. You hereby consent to the exclusive jurisdiction of the state or federal courts in Miami, Florida in all disputes arising out of or related to the use of the Site or Services.
16. SEVERABILITY; WAIVER
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
IWA may, in our sole discretion and without prior notice, (a) revise these Terms; (b) modify the Site or the Services; and (c) discontinue the Site or Services at any time. In the event that IWA posts any revision to these Terms, the revision shall be effective immediately at the time of posting. You agree to periodically review these Terms and our other Site policies to keep aware of any such changes. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
BY USING THE SERVICES OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.