Please Read These Terms of Use (“Terms”) Carefully Before Using This Site.
Privacy
Please review our Privacy Policy at https://inertproducts.com/privacy_policy1, which also governs use of the website https://inertproducts.com (the “Site”) and/or purchase of products from Inert Products, LLC (the “Company”).
Not intended for Minors
Those under the age of 18 years old are not allowed to use the Site. The person using the Site, and/or by purchasing products from the Company (the “Client”) represents that (s)he is at least 18 years old, and agrees with this Terms of Use Agreement. If you are not at least 18 years old, or do not agree with the terms of this policy, please immediately exit the Site, and delete any information you have downloaded from the Site.
Acceptance
By accessing, browsing, viewing, receiving information or otherwise using this website, or by purchasing products from the Company, the Client implicitly agrees to be bound by the terms of this legal and binding agreement. This Terms Agreement is subject to change without prior notice at any time, in the sole discretion of the Company. Clients should check this ‘Terms of Use’ and the ‘Privacy Policy’ Agreement frequently. If the Client does not agree with these Terms, please exit the site immediately and destroy any and all information acquired from the Site.
Ownership
The Site, all related software, source code, executable code, interfaces, templates, routines, data, and information provided by the Company are solely owned by the Company.
Intellectual Property (IP) Rights
The Company also owns any and all patent, trademarks, copyrights, trade secrets and other intellectual property rights relating in any way to the Site. This includes all authored, pictorial, graphic, layout, functionality and ‘look and feel’ of the Site.
Trademarks
Trademarks, logos and service marks displayed on this Site are registered and unregistered trademarks of The Company, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are Intellectual Property Rights and are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission, except as otherwise described herein.
IP Rights of Other Clients
The Client will respect the patent, trademark, copyright, trade secret rights of other Clients and the Company and will not act to violate any of these rights.
Limited License
The Company grants the Clients a non-exclusive, non-transferable, limited right to use, display and view information and materials from the Site, provided that the Clients abide by these Terms.
This permission terminates automatically if the Client breaches any of these terms or conditions. Upon termination, the Client must immediately destroy any downloaded or printed materials. You also may not, without the Company’s prior written permission, “mirror” any material contained on this Site on any other server.
Links
You are granted a limited, revocable, and nonexclusive permission to create a hyperlink to the home page of the Site so long as the link does not portray the Company or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo or other proprietary graphic or trademark of the Company as part of the link without express written permission.
Misuse/Limitations
Clients will not copy, store, distribute, or publish any of the Site’s text, pictures, or other information. Clients will also not copy, store distribute or publish any derivatives of the text, pictures, or other information. Clients will also not copy, store, distribute, or publish any of the Site’s format, graphics, layout functioning or ‘look and feel’.
The Site and its software, executable code, data and related content may not be copied, reproduced, sold, marketed, used to create derivative works, reverse engineered, publically displayed or used in any fashion other than allowed by these Terms without written consent of the Company.
Except as stated herein, none of the information or material shown on this may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, or otherwise, without the prior written consent of the Company or the copyright owner.
No Collection of Information for Competitor
The following activity on the Site is expressly prohibited: Any non-personal or commercial collection or use of any product listings, descriptions, or prices, from the Site for the benefit of another merchant that supplies products competitive with or comparable to those offered on the Site.
Interference With Operation
The Client agrees not to interfere or attempt to interfere with the operation of this Site in any way. Denial of Service, slowing or stopping operation of this Site is a violation of these Terms.
Interfering Devices
No device or software shall be used to disrupt or interfere with the normal operation of the Site.
Analytics
The Company may use website analytics provided that the analytics do not significantly slow the operation of the Site, modify the information provided by others and does not violate any privacy provisions of this Site.
Other Prohibited Information
Providing defamatory, threatening, obscene, harassing, or otherwise unlawful information or profanities to the Site is prohibited. The Client is also prohibited from providing confidential information owned by another on the Site.
The Company does not review or control third-party sites that link to or from the Site, and is not responsible for the contents of any third-party sites linked to or from the Site.
Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Viruses
The Client will not transmit any viruses, Trojan Horses, worms, or other malicious software into the Site.
The Site Is Provided “As is”
Information on the Site may be inaccurate and have typographical errors. The Company does not warrant the accuracy or completeness of the information on this Site. This Site and the information are provided “AS IS” without any expressed or implied warranty, including, but not limit to, warranties of merchantability, including fitness for a particular purpose.
Client Information
The Client agrees to be solely responsible for the accuracy of the information provided to the Site or Company. The Client agrees to be responsible for all updating and maintenance of the Client-supplied information. The Company will not update or correct Client-supplied Information.
Revisions
The Company reserves the right to continuously improve the design and performance of our products. Manufacturing methods of products may vary based upon many factors, and actual products may differ slightly in design, specifications, and appearance to images shown.
The Company also reserves the right to make changes to the Site and its information without prior notice and is not required to provide notice of changes and may revise these Terms at any time without prior notice.
By accessing, browsing, viewing, receiving information or otherwise using the Site after a change has been posted to the Site, the Client accepts that change.
Indemnity Regarding the Site
The Client agrees to indemnify and hold harmless the Company, its officers, directors, shareholders, subsidiaries, and employees against any and all damages, liabilities, costs and expenses (including Lawyers’ fees) that are alleged to be caused at least in part by this Site.
No Sale of Information
The Company agrees that it will not provide or sell any information obtained from the Site directly or indirectly to another entity.
Sole Source Statement
The Company designs, produces, and distributes our own line of inert lED training aids, training kits, and training materials. Our exclusive line of specialized training products and materials is not stocked by any other dealer/supplier.
Contracting officers may initiate sole source contracting on this basis.
Our products and services are proprietary and available to official use clients only. (This does not apply to the few products we supply from other vendors.)
Our products are restricted to official training use only and are NOT sold to the general public.
Payments and Purchases
There is a one hundred ($100.00) dollar minimum order amount.
Credit cards, checks, and bank wire transfers are accepted for payment.
Payments greater than $10,000.00 must be made via check, direct deposit, or bank wire transfer prior to an order/purchase shipment or pickup from the Company’s facility, with the exception of purchases made through GSA.
The Company requires prepayment for all non-government clients. Payment in full must accompany the Client’s order, or be arranged with us via email or telephone. Prepayment is required before any orders or custom projects are manufactured or shipped. Government contracts are the ONLY orders we accept with NET 15 terms.
We will send the Client an invoice so the Client has documentary proof of charges prior to payment being made. Once an order I purchase order is placed, it cannot be cancelled.
NET 15 (Government Contracts only) – A deposit may be required. We normally start producing the Client’s order on the basis of a purchase order being issued, and allow a 15-day payment term, with 5% per month late charge on any overdue account (or the maximum percentage allowed by law).
All price quotes are void after 90 days from date issued.
Shipping
Buyer pays all shipping, handling, and freight costs.
The standard delivery time is approx. 2-4 weeks. Larger orders may have longer lead times.
Orders will be scheduled for shipment at the time the order has been completed and packaged. If a delay in shipment is caused by the customer and/or end user for a period of longer than 2 weeks, a storage fee will apply.
Except for a few items restricted by government regulations, we ship worldwide. Contact us with any of the Client’s questions.
In instances where we may offer FOB Destination and Charge Back on a quote or invoice, it is understood by the Client we will invoice for shipping charges. In this case we are responsible for our products until they reach their destination where the Client takes over full responsibility for the products. We cover shipping expenses but will invoice for shipping charges when the item is received by the Client.
We can ship most of our replica products to APO, AE and FPO addresses; however, certain products we offer may not be eligible. Furthermore, all shipments to APO, AE, or FPO addresses are handled via USPS and tracking information is not available.
Shipping to APO, AE, or FPO addresses now requires additional costs due to new USPS regulations specifically regarding the shipment of simulated or replica products. These postal service shipments must be sent via registered mail and require special packaging. Additional charges may apply.
Identity/Use
We may require the Client to provide an official request letter (with the Client’s payment) outlining the Client’s identity and the specific use of our inert training products. Expect references to be checked.
We reserve the right not to accept/cancel the Client’s order based upon the Company’s sole determination that the Client does not have an approved use, or have provided fraudulent information.
Company reserves the right to notify law enforcement officials of illegal activity.
Product Specifications
Contact us directly to discuss the Client’s required product specifications. Never assume products will meet the Client’s requirements. Contact us to discuss the Client’s needs. The Company considers it the Client’s responsibility to convey any special needs or product specifications at (or before) the time of ordering.
Special needs or product specifications include: (but not limited to) products that may I may not function, markings, materials used in constructing the product, product options & features.
We offer many types, and versions of the same item, due to the fact that many trainers have differing needs.
Refunds will be provided only for products damaged, lost, or defective in mechanical operation. No refunds will be provided for orders placed without the Client indicating the product specifications.
Non-Hazardous Products
We certify all products and devices produced and supplied by the Company are completely inert, dummy, faux and DO NOT contain any pyrotechnic, explosive, or energetic materials.
These training aids are constructed from various inert materials specifically to simulate the appearance of an explosive product or device. All products and devices manufactured, sold, and distributed by the Company are completely safe, and are absolutely free from hazardous materials, including hazardous chemicals and toxins.
Client Agrees to Provide a Secure Environment
Our inert explosive training products are manufactured and distributed for the purpose of official training use only. A secure environment is to be maintained guarding these products at all times to prevent theft, loss, or mistaken identity.
By placing an order and completing payment by use of our website, the Client agrees to be responsible in the transportation, ownership/possession, use of, and maintain a secure inventoried storage of supplied inert training products and materials.
Indemnity
The Client agrees to accept the duty to defend the Company or any of its members in the event any lawsuit is filed in which the Company or any of its members (past or present) are named as a defendant.
The Client agrees to hold harmless and waives subrogation against the Company or any of its members. The Client agrees to indemnify the Company from any liability imputed due to the actions of the Client, the use of products or any other issue including but not limited to bodily injury, personal injury, or property damage arising out of the use or sale of our products.
Furthermore, by purchasing our products and/or services, individuals, companies and government agencies at any level (federal/International, state/provincial, county/regional, and municipal/city) for use in their training and testing programs, agree to all terms of service and do so entirely at their own risk. The Company will in no way be held legally responsible for costs/damages caused by, or because of any end Client’s misuse/use, criminal or otherwise. By completing payment, the Client understands and agrees to all terms of service outlined above.
No Access Outside of US
This Site is controlled and operated by the Company from its offices within the United States. The Company makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is not authorized. Those who choose to access this Site from other locations do so upon their own initiative and are responsible for compliance with applicable local laws.
Choice of Law
This Site originates in the United States. If a Client is located in another country, the Client is responsible for compliance with the laws of the Client’s country. These Terms shall be governed by the laws of the State of Pennsylvania, without giving effect to its conflict of laws provisions. You agree to submit to the jurisdiction of Pennsylvania for the resolution of all disputes arising from or related to these Terms and/or the Client’s use of the Site.
Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of Pennsylvania without regard to conflict of law rules. You consent to jurisdiction of the federal and state courts located in Lackawanna County, Pennsylvania to hear any such claims.
Voluntary Termination
A Client may voluntarily terminate these Terms at any time simply by closing his/her account.
Involuntary Termination
The Company reserves the right to close or delete the Client’s account or restrict access to portions of the Site or to ban the Client totally from the site for any or no reason.
Titles
The titles of these Terms have no legal significance and are provided for readability only.
Contact Information
The Company welcomes the Client’s questions and suggestions about the Site and these Terms. Please contact us at:
Inert Products, LLC
100 Powderly Court
Scranton, PA 18504
[email protected]
570-341-3751
Survival
Paragraphs 2 -7, 10, 12-13, 16-22, 25-31and 34-35 shall survive termination of this Agreement.
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Export Compliance
The products offered by Inert Products, LLC on this website may be subject to restrictions in accordance with the U.S. export control laws and regulations, including but not limited to the International Traffic in Arms Regulations, 22 C.F.R. Parts 12, et. seq., and the Export Administration Regulations, 15 CFR Parts 730, et. seq. Purchasers of these items are solely responsible for handling the products in compliance with the U.S. export controls laws and any applicable laws of the local jurisdiction where the purchaser is located. If purchaser is located in a country other than the United States, the purchase of Inert Products, LLC products may be conditioned upon Inert Products, LLC obtaining U.S. Government export authorization, when required.
