Deo Fidemus Enterprise, L.L.C.®, doing business as Defient Arms (hereafter referred to as “Defient Arms”) provides the highest quality firearms training and therefore prioritizes the integrity of its services, and most importantly, the safety of Defient Arms program participants. In order to do this, Defient Arms requires all visitors to the Defient Arms website (“Site”), all program participants, and any and all others involved with a Defient Arms activity, service, or product, to agree to all the terms, conditions, and notices contained or referenced in these Terms of Service.
The Defient Arms Terms of Service we give you here apply to the entire Defient Arms Site, including but not limited to all content provided herein, and further to all products and services provided by Defient Arms generally. In addition, when using particular services or materials on this Site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.
By using this Site, you agree to all the terms herein, without modification. If you do not agree with these Terms or no longer would like to be subject to these Terms, please refrain from using this Site and immediately discontinue any participation in any Defient Arms activity. Further, since we may update these Terms from time to time, it is your responsibility to check these Terms regularly for revisions. Your continued use of this Site after such modifications will constitute your acknowledgment of the modified Terms of Service and agreement to abide and be bound by such modifications.
Please contact Defient Arms immediately if you have any questions or concerns regarding these Terms of Service, any Defient Arms product or service, or any person associated with Defient Arms or using Defient Arms products or services.
Contents of Terms of Service
- Description of Services
- Limits on Participation
- Participation of Minors
- User Representations and Warranties
- Registration and Privacy
- Payment of Fees and Refunds
- Firearms and Ammunition
- Required Conduct (Site and Services)
- Notice of Oklahoma Gun Law
- Other Jurisdictions
- Concealed Handgun Permitting
- Firearm Handling and Ownership
- Disclaimer of Warranties
- Waiver of Claims
- Limitation of Liability
- Third Party Sites and Information
- Intellectual Property Information
- Site User’s Materials
- Rights Reserved
- Safety and Law Enforcement
- Governing Law
- Voluntary Arbitration
- Entire Agreement
- Contact Information
- Effective Date
1. Description of Services
Services and Courses Offered. We make various services available on this Site including, but not limited to, registering with Defient Arms, providing relevant industry information, enrollment in our Oklahoma Handgun Licensing courses, and other services related to firearms or content on this Site.
In addition to services provided through this Site, Defient Arms currently offers the following training courses, taught by NRA certified instructors:
- (a) Oklahoma Self-Defense Act Handgun License permitting course;
- (b) Various NRA certified courses;
- (c) Custom courses with individual coaching and more advanced techniques; and
- (d) Oklahoma Department of Wildlife and Conservation Hunter’s Safety Course.
Courses may involve training on a shooting range, role-playing with non-lethal firearm simulators, written materials, or any other technique determined by Defient Arms to facilitate the advanced use of firearms. Defient Arms may also, in its discretion, rent equipment or provide other materials to course participants for a fee. Fees for the various courses and services are set out elsewhere in this Site.
Certificates of Completion. Defient Arms may provide to you a Certificate of Completion after the successful completion of a Defient Arms course or other service. Such Certificates are granted based solely on Defient Arm’s determination that a user has satisfactorily completed training, and in no case will be given before an affirmative determination has been made by a qualified Defient Arms instructor. Defient Arms is not required to issue such Certificate, and when issued, the form of such Certificate will be determined by Defient Arms in its sole discretion. It is the responsibility of each user to confirm that the Defient Arms Certificate issued is satisfactory for that particular user’s needs, including its suitability for obtaining any state or government license or permit in conjunction with the use of firearms.
Limitations on Services. You are solely responsible for providing, at your own expense, all equipment necessary to use Defient Arms training services, including online access, firearms, ammunition, and protective gear, unless otherwise leased or purchased from Defient Arms.
During range work, Defient Arms does supply supervision by NRA certified range safety officers, but users of Defient Arms services are always expected to follow set safety rules and are responsible should there be a temporary lapse in supervision. Defient Arms safety rules, including safety equipment requirements, are set at the time of service or are otherwise explained elsewhere on this Site. It is each user’s responsibility to read and follow such rules, and to ask Defient Arms staff for direction if clarification is needed.
Defient Arms reserves the sole right to either modify or discontinue any of these services at any time with or without notice to you. Modifications may include, but are not limited to, changes to services offered, the pricing structure, the addition of services, changes in Defient Arms permitting, and content modifications to this Site.
Any modifications made by Defient Arms are also subject to these Terms of Service, effective immediately once such modification is made. Defient Arms shall not be liable to you or any third party should it exercise such right.
Temporary interruptions of this Site or the availability of certain Defient Arms services or courses may occur. Defient Arms has no control over third party networks users may access in the course of the use of this Site, and therefore, such delays and disruption are completely beyond Defient Arms’s control.
Services As-Is. This Site and all Defient Arms services are provided “AS IS” and Defient Arms assumes no responsibility for the timeliness or failure to register any user, store any user communications or personalization settings, provide Defient Arms services through this Site, provide the type of services or courses desired by a user, or otherwise warrant any service provided by Defient Arms. Users agree that the effectiveness of firearms training or any other service provided by Defient Arms, is completely relative to that user. Therefore, users agree that the Defient Arms services provided are provided at Defient Arms’s discretion and accepted by users without modification.
2. Limits on Participation
Defient Arms reserves the right to establish general practices and limits concerning use of Defient Arms services and this Site, and reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. Although Defient Arms services are appropriate for most individuals, the following restrictions apply:
Age. You must be at least 18 years of age to enroll in a Defient Arms course or otherwise participate in any service offered by Defient Arms involving the use of firearms unless otherwise expressly stated in a course description. (Please note, in the state of Oklahoma, an individual must be at least 21 years of age in order to be eligible to apply for and receive a Handgun License allowing the carry of a defensive handgun, whether open or concealed, on or about the person of that individual.) Users 17 years of age and younger may use this Site to learn about the importance of proper training in firearms even if not qualified to participate in Defient Arms services. Special limitations apply to users under the age of 18, which can be found in Section 3, Participation of Minors, of these Terms of Service.
Criminal Convictions; Felons. You may NOT use this Site, nor enroll for or take any course offered through this Site, if you have been convicted of any felony or any crime involving moral turpitude. Users assume full responsibility and liability for determining whether they are subject to any further legal restrictions, and whether use of this Site or the enrollment for or taking of any courses offered through the Site will violate any other legal restrictions that may apply.
Foreign Persons. You may NOT use this Site, nor enroll for or take any course offered through this Site, if you are not a U.S. citizen.
User Representations and Warranties. To use Defient Arms services, you must agree to these Terms of Service and must agree that every representation in the below section is true and accurate and you are capable of entering into such agreement. If you are unable or unwilling to make these representations and warranties, you must discontinue use of this Site and any Defient Arms services immediately and completely.
3. Participation of Minors
Defient Arms will not instruct anyone under the age of 18 in the use of firearms unless otherwise expressly stated in a course description. (Please note, in the state of Oklahoma, an individual must be at least 21 years of age in order to be eligible to apply for and receive a Handgun License allowing the carry of a defensive handgun, whether open or concealed, on or about the person of that individual.) However, Defient Arms, in its discretion, may provide educational classes for families to teach the safe storage of firearms, how to handle a firearm, what to do if a child discovers a firearm, and other topics meant to promote safety in the home and other places where such information may be useful. Minors under the age of 18 may participate in these NON-FIREARM classes as a part of a family unit, with the supervision of at least one parent, legal guardian, or parent-designated guardian. Please note, in Oklahoma, possession of a firearm by any person under the age of 18 is prohibited pursuant to Oklahoma Statute Title 21:1273 with only a few exceptions. (Please see the“Notice of Oklahoma Gun Law” section below to view exceptions to this age restriction.) Under NO CIRCUMSTANCES will a child under the age of 18 be allowed to participate in any Defient Arms activity without the supervision of a parent, legal guardian, or parent-designated guardian. Other family members will not be considered as fulfilling this requirement without a written designation and release from the minor’s guardian in advance.
4. User Representations and Warranties
Defient Arms does not conduct background checks, and does not take responsibility for investigating user’s qualifications to use Defient Arms services or the appropriateness of the use of such services.
Therefore, as a user of this Site or Defient Arms services, you absolutely REPRESENT AND WARRANT that providing Defient Arms services to you does not violate any state or local law or ordinance, and that you:
- (a) Are not under indictment for and have never been convicted in any court of a crime punishable by imprisonment for over one year;
- (b) Are not a fugitive from justice;
- (c) Are not an unlawful user or addicted to any controlled substance;
- (d) Are not addicted to or dependent on any lawful yet intoxicating substance, including but not limited to alcohol, pain killers, prescription sleeping aids, or any other substance that may impair cognitive and physical capabilities;
- (e) Have not been adjudicated as a mental defective or been committed to any mental institution;
- (f) Are not an illegal or unlawful alien;
- (g) Have never been and do not expect to be discharged from the Armed Forces under dishonorable conditions;
- (h) Are a U.S. citizen and have not renounced your citizenship;
- (i) Are currently not subject to a restraining order of any kind;
- (j) Have never been and are not expecting to be convicted in any court of a misdemeanor crime of domestic violence;
- (k) Have accurately identified yourself to other users or Defient Arms where required to do so or where you have voluntarily provided personally identifiable information, and have not assumed the identity of another user or third-party for the purposes of avoiding responsibility for your actions;
You further agree, by becoming a member of Defient Arms or using the Defient Arms Site, you will do all of the following:
- (a) Complete the registration process by providing current, complete and accurate information (including, if required, your email address) as prompted by the applicable registration form;
- (b) Maintain the security of any Defient Arms account you create or have permission to use, including by keeping your username and password combinations private;
- (c) Take full responsibility for any and all activities that you engage in through a Defient Arms service;
- (d) Notify Defient Arms of any unauthorized uses of your account or other breaches of security;
- (e) Notify Defient Arms if you know of any false representations made by a user of Defient Arms services;
- (f) Take full responsibility for any consequences associated with your use of third-party websites you have accessed through the Defient Arms Site;
- (g) Notify Defient Arms if you believe that material located on or linked to by Defient Arms violates your rights, the rights of Defient Arms, or the rights of a third party; and
- (h) Pay any fees or costs associated with the use of a Defient Arms service that are charged to you.
This list is not exclusive and you may be required to affirmatively act in ways in addition to those requirements named above.
5. Statement of Privacy
Defient Arms is committed to protecting your privacy. This Statement of Privacy applies to Defient Arms Website and governs data collection and usage at all Defient Arms sites and services; it does not apply to other online or offline sites, products or services. Please read the Defient Arms Statement of Privacy. Defient Arms is a general audience website, intended for users of all ages. Personal information of all users is collected, used and disclosed as described in this Statement of Privacy.
Collection of Your Personal Information:
As an e-Commerce website, Defient Arms collects personal information, such as your e-mail address, name, home or work address or telephone number. Information collected by Defient Arms is used solely for the purpose of billing and shipping your online purchases. Defient Arms does not collect any information about your computer hardware and software.
Defient Arms encourages you to review the privacy statements of Web sites you choose to link to from Defient Arms so that you can understand how those Web sites collect, use and share your information. We are not responsible for the privacy statements or other content on Web sites outside of the Defient Arms Web site.
Use of Personal Information:
Defient Arms and its operational service partners collect and use your personal information to process product orders and deliver the products requested. It is possible that Defient Arms may also use personal information to inform you of other products or services available from Defient Arms and its affiliates. Defient Arms may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
Defient Arms does not sell, rent or lease its customer lists to third parties. Defient Arms may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your personal information (e-mail, name, address, telephone number) is not transferred to the third party.
We occasionally hire other companies to provide limited services on our
behalf, such as handling the processing and delivery of mailings, providing customer support, processing transactions, or performing statistical analysis of our services. We will only provide those companies the personal information they need to deliver the service. They are required to maintain the confidentiality of your information and are prohibited from using that information for any other purpose.
Defient Arms does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.
Defient Arms may access and/or disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Defient Arms or the site; (b) protect and defend the rights or property of Defient Arms, including its website; or (c) act under exigent circumstances to protect the personal safety of users of Defient Arms or the public.
Personal information collected on this site may be stored and processed in the United States or any other country in which Defient Arms or its affiliates, subsidiaries or agents maintain facilities, and by using this site, you consent to any such transfer of information outside of your country. Defient Arms abides by the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union.
Control of Your Personal Information:
Defient Arms offers its customers choices for the collection, use and sharing of personal information. You may go notify us of your preferences by emailing email@example.com. Please be sure to provide complete account information so we can identify you in our records.
You may also stop the delivery of future promotional e-mail from Defient Arms by responding directly to any email you receive with a request to remove you from the mailing list.
Security of Your Personal Information:
Defient Arms is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. For example, we store the personal information you provide on computer systems with limited access that are located in controlled facilities. When we transmit highly confidential information (such as a credit card number) over the Internet, we use a secure payment gateway so your information is protected.
Changes to Policy Statement:
Defient Arms will occasionally update this Statement of Privacy to reflect company and customer feedback. If there are material changes to this Statement or in how Defient Arms will use your personal information, Defient Arms will prominently post such changes prior to implementing the change. Defient Arms encourages you to periodically review this Statement to be informed of how Defient Arms is protecting your information.
6. Payment of Fees and Refunds
If you subscribe to a service on this Site that requires payment of a fee, you agree to pay all fees associated with such service in full before that service is rendered. Defient Arms will charge only the payment method you provide in your account information, but it is the user’s responsibility to ensure that payments are processed and received in time to meet any deadlines set by Defient Arms.
Unless there is an express written agreement specifying different payment terms, all fees will be billed using the information provided by a user through his or her account. Should your account or address information change, you must notify and update Defient Arms immediately by updating your user account. Defient Arms is not responsible for any losses or damages that you may incur due to billing or charging caused by failure to update your user account or billing information.
If, for any reason, your credit card company refuses to pay the amount billed for the service, you agree that Defient Arms may, at its option, suspend or terminate your service and require you to pay the overdue amount by other means determined by Defient Arms. Defient Arms may charge a fee of $20.00 for any failed transactions resulting from the payment method provided.
Refunds. Any and all refunds as a result of cancellation require at least 72-hours advanced notice and are ultimately provided to users at Defient Arms’s sole discretion. Absolutely no refunds will be given to any user that violates any part of these Terms of Service.
7. Firearms and Ammunition
Defient Arms may make available to course participants handguns and/or ammunition at a fee, but in no way is required to do so. Users remain solely responsible for obtaining all equipment necessary to use Defient Arms services, including any firearms, ammunition, and protective gear required by Defient Arms. Any equipment leased to a user is expected to be handled with the utmost care and returned in the same condition when it was leased, except for normal wear and tear.
When provided, all handguns and ammunition are factory manufactured, without any modifications made by Defient Arms. Defient Arms takes no responsibility for any manufacturing defects that may exist, nor does it have responsibility for knowledge of such defects. Defient Arms does not warrant the quality or quantity of any equipment it makes available, and all products, whether for purchase or lease, are provided as-available and as-is.
8. Required Conduct (Site and Services)
Your use of this Site, and all conduct during the use of Defient Arms services, including services provided at any firing range, is subject to all applicable laws and regulations, and you are solely responsible for any actions you take in connection therewith. You agree that your conduct may result in civil and criminal liability in connection with Defient Arms services, and therefore agree to abstain from any conduct that:
- (a) Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, sexually explicit or graphic (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates Defient Arms rules or policies;
- (b) Victimizes, harasses, degrades, or intimidates an individual or group of individuals, particularly where based on religion, gender, sexual orientation, race, ethnicity, age, or disability;
- (c) Involves the use of any intoxicating substance, whether legal, controlled, or illegal, during any Defient Arms service or activity;
- (d) Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- (e) Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- (f) Uploads software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
- (g) Impersonates any person or entity, including any Defient Arms employee or representative;
- (h) Constitutes pyramid schemes, illegal contests or multi-level campaigns; or
- (i) Distributes any material that contains links to or displays obscene content, gambling content, nudity, illegal software, viruses or any other content not approved by Defient Arms or deemed inappropriate at Defient Arms’s discretion.
These rules are not meant to be exhaustive, and Defient Arms reserves the right to determine what conduct is in violation of these Terms or otherwise outside the spirit of the Services and to take such action determined necessary in its sole discretion. All fees of persons determined by the Service to be engaged in abuse will be non-refundable.
Defient Arms may at any time, and at its sole discretion, terminate your membership without prior notice to you for violating any of the above provisions. In addition, Defient Arms will cooperate fully with investigations of violations of these Terms, including cooperating with law enforcement authorities in investigating suspected criminal violations.
Defient Arms disclaims any and all liability that should arise from your illegal or improper use of Defient Arms services or this Site. However, Defient Arms and its agents have the right at their sole discretion to remove any user that, in its judgment, does not comply with these Terms of Service or any other rule of user conduct, or is otherwise harmful, objectionable, or inaccurate. Defient Arms is not, however, responsible for any failure or delay in addressing such conduct or taking any remedial measures, unless otherwise required by law.
While Defient Arms representatives may monitor its users and services, it cannot prescreen all users or monitor all services, and does not attempt to do so. If you encounter something you find objectionable and in violation of these Terms, report it immediately to Defient Arms personnel.
9. Notice of Oklahoma Gun Law
NOTE: The information below regarding Oklahoma gun laws is meant as a reference point only. Oklahoma firearm laws frequently change so be sure to consult your local law enforcement agency before making any final firearms related decisions. ANY MATERIAL AVAILABLE FROM DEFIENT ARMS SHOULD NOT BE RELIED UPON FOR PERSONAL OR LEGAL ADVICE. CONSULT AN ATTORNEY OR OBTAIN LEGAL ADVICE WITH RESPECT TO ANY PARTICULAR SITUATION OR PROBLEM.
When deciding whether or not firearms training is right for you, some areas to consider:
Handgun Licenses. Oklahoma, like many states, requires persons to obtain a state license to carry a handgun, whether open or concealed, and sets fees for applications based on the term of the permit. Before applying for a permit, applicants must also complete an approved firearms safety or training course and meet other requirements as imposed by law. Oklahoma Statute Title 21:1290.12 outlines the statewide requirements for handgun licenses, application procedures, and definitions. If you intend to use Defient Arms services to assist you in obtaining an Oklahoma Handgun License, please be sure that you have met all requirements in addition to the services offered by Defient Arms. (To see more of the statute and Oklahoma requirements, visit: http://www.oklegislature.gov/osstatuestitle.html).
Reciprocity. Many states currently recognize Oklahoma Handgun Licenses as a valid permit for concealed carry in their state, including: Alabama, Alaska, Arkansas, Arizona, Colorado, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Missouri, Mississippi, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Vermont, Washington, West Virginia, and Wyoming. If you plan on taking a handgun out of state or relying on an out-of-state permit to carry a concealed weapon in Louisiana, please check the most current status of reciprocity for your state as this list frequently changes.
Illegal Carry. Even with a Handgun License, it is illegal at certain times and certain places to possess or publicly carry a firearm. Louisiana Revised Statute Title 14: 95. For example, people convicted of a felony may not possess firearms or carry concealed weapons. Another example, carrying a firearm, or dangerous weapon, by a student or nonstudent on school property, at school-sponsored functions or firearm-free zone is a crime. Defient Arms reserves the right to take immediate action in the case it suspects a user of its services is illegally carrying a firearm or other weapon, and as a user of the services, you agree to indemnify Defient Arms for any injuries or damages that may occur as a result.
Special Permits. In addition to carrying restrictions, some types of weapons must be registered to be lawful (machine guns for example), though many exemptions do exist. Oklahoma Statute Title 21:1289. Defient Arms takes no responsibility for registering any weapons you or another user may possess or use during the course of any Defient Arms training or service, and it is up to each user to know if they are required to register their weapons or obtain a special permit. Defient Arms never knowingly possesses or provides weapons that are not lawfully registered or permitted, but makes no warranties to the status of any such weapon used by it, used by a user, or otherwise used in connection with a Defient Arms service.
Purchasing Firearms. Oklahoma does not prohibit the private sales of firearms. However, if you plan on purchasing a handgun from a source other than Defient Arms or intend to transfer a handgun or lend a handgun to or from a Defient Arms user, it is your responsibility to know and follow current legal requirements and to take full responsibility for such handguns whether in your possession or placed in the possession of a Defient Arms user.
Persons Under the Age of 17. It is illegal for any person who has not attained the age of 17 to knowingly possess any handgun on his or her person, Oklahoma Statute Title 21:1273.. “Handgun” for the purposes of this statute is synonymous with the types of firearms used by Defient Arms in much of its training, and thus one of the statutory exceptions must apply to participate in any activity. Currently, some applicable exceptions include possession while attending a firearms safety course or while practicing the use of firearms on an established range while in the presence of a parent or legal guardian at all times. Defient Arms does not allow the handling of firearms by any person under the age of 18 attending a Defient Arms course, except while in the presence of at least one parent or guardian. Each child must be in possession of written permission from at least one parent, AND each parent must agree to provide supervision at all times.
10. Other Jurisdictions
Although this Site may be accessible in other U.S. states, Defient Arms makes no representation that materials on this Site are appropriate or available for use in locations outside Oklahoma, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.
11. Concealed Handgun Permitting
Issuing Authority: Oklahoma State Bureau of Investigation
Issue: Shall Issue
Permit Term: 5 or 10 Years
Contact Information: Oklahoma State Bureau of Investigation
Self-Defense Act Unit
6600 North Harvey Place
Oklahoma City, OK 73116
12. Firearm Handling and Ownership
It is your responsibility to take measures to avoid INJURY OR ACCIDENT DUE TO A FIREARM OR OTHER WEAPON, WHETHER RESULTING FROM YOUR USE OR THE USE OF A THIRD PARTY. DEFIENT ARMS shall not be responsible or liable for any claim that should arise from improper use, access, possession, ownership, or transfer OF A FIREARM OR ANY OTHER WEAPON. You, as a user, understand that DEFIENT ARMS simply provides TRAINING IN PROPER HANDGUN USE, BUT DOES NOT PROVIDE ANY FORM OF STATE OR GOVERNMENT PERMIT, REGISTRATION, OR CERTIFICATION, NOR DOES IT WARRANT OR TAKE RESPONSIBILITY FOR YOUR ABILITY TO HANDLE OR OWN A WEAPON OR FIREARM. You as the User shall be required to comply with any and all legal requirements, monitor AND MAINTAIN your FIREARM AND OTHER EQUIPMENT, AND CONDUCT YOURSELF PROPERLY IN THE USE AND MAINTENANCE OF ANY FIREARM OWNED BY YOU OR LENT TO YOU BY DEFIENT ARMS.
13. Disclaimer of Warranties and Liabilities
ALL DEFIENT ARMS MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, DEFIENT ARMS MAKES NO WARRANTY THAT (a) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (b) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM DEFIENT ARMS OR ITS AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. DEFIENT ARMS MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND DEFIENT ARMS MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Site, you may have opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. DEFIENT ARMS MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY DEFIENT ARMS OR ANY OTHER OF ITS AFFILIATES.
Content available through this Site often represents the opinions and judgments of an information provider, Site user, or other person or entity not connected with Defient Arms. Defient Arms does not endorse, nor is it responsible for the accuracy or reliability of any opinion, advice, or statement made by anyone other than an authorized Defient Arms agent. Please refer to the specific editorial policies posted on various sections of this Site for further information, which policies are incorporated by reference into these Terms of Service.
Under no circumstances will Defient Arms or its affiliates be liable for any loss or damages caused by your reliance on information or advice obtained through this Site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice or other content available on or through this Site.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. Waiver of Claims
FIREARMS CAN CAUSE INJURY OR DEATH TO THE USER AND TO OTHERS. Defient Arms encourages the safe and responsible ownership and use of firearms, and the courses offered by Defient Arms are designed to teach the proper use and handling of firearms. FAILURE TO FOLLOW THE INSTRUCTIONS GIVEN BY DEFIENT ARMS CAN RESULT IN SERIOUS INJURY OR DEATH. YOU AGREE THAT DEFIENT ARMS WILL NOT BE LIABLE FOR ANY INJURY TO YOU OR TO ANY OTHER PERSON; AND DEFIENT ARMS WILL NOT BE LIABLE TO YOU, TO YOUR HEIRS, OR TO ANY THIRD PARTY FOR ANY INJURY TO OR THE DEATH OF ANY PERSON RESULTING FROM YOUR OWNERSHIP OR USE OF A FIREARM. BY ACCEPTING THESE TERMS OF SERVICE YOU WAIVE ALL CLAIMS AGAINST DEFIENT ARMS AND ALL PERSONS ASSOCIATED WITH DEFIENT ARMS, INCLUDING BUT NOT LIMITED TO THE INSTRUCTORS OF THE COURSES OFFERED THROUGH THE SERVICES. YOUR WAIVER OF ANY CLAIM FOR INJURY OR DEATH RESULTING FROM THE OWNERSHIP OR USE OF A FIREARM IS BINDING ON YOU AND YOUR HEIRS.
15. Limitation of Liability
Your exclusive remedy and Defient Arms’s entire liability, if any, for any claims arising out of these Terms of Service and your use of this Site shall be limited to the amount you paid for Defient Arms services before the act giving rise to the liability.
IN NO EVENT SHALL DEFIENT ARMS OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM THE USE OF THE DEFIENT ARMS SITE OR SERVICES, WHETHER OR NOT DEFIENT ARMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, DEFIENT ARMS SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
In addition to any excuse provided by applicable law, Defient Arms shall be excused from liability for nondelivery or delay in delivery of products and services arising from any event beyond its reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, nonavailability of any permits, licenses and/or authorizations required by governmental authority, and other causes or events beyond its reasonable control, whether or not similar to those which are enumerated above.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon request by Defient Arms, you agree to defend, protect, indemnify, and hold Defient Arms and its instructors and affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, which arise from your use or misuse of this Site or its services. Defient Arms reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Defient Arms in asserting any available defenses.
You agree to indemnity and shall hold harmless (including payment of reasonable attorney fees) Defient Arms, its affiliates, and any course instructor, employee or agent thereof (each of the foregoing being hereinafter referred to individually as “Indemnified Party”) against all liability to third parties arising from or in connection with the use of this Site or Defient Arms services, the enrollment in any course, or the ownership or use of any weapon or firearm. Your obligation to indemnify any Indemnified Party will survive the expiration or termination of this Agreement by either party for any reason.
17. Third Party Sites and Information
This Site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under the control of Defient Arms, and Defient Arms is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor is it responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Site or party by us, or any warranty of any kind, either express or implied.
Additionally, Defient Arms may offer links on this Site to third party affiliate programs for the purchase of goods and supplies, or use third-party payment processors to collect and process payment information. Defient Arms makes no warranties as to the products or services provided through these Sites or by these third parties, and all links are provided for the convenience of the user and are not guaranteed to be available.
18. Intellectual Property Information
For purposes of these Terms of Service, “content” is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our Site. This includes, but is in no way limited to, message boards, chat, and other original content.
By accepting these Terms of Service, you acknowledge and agree that all content presented to you on this Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Defient Arms and/or its Affiliates. You are only permitted to use the content as expressly authorized by Defient Arms or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Site in any form or by any means without prior written permission from Defient Arms or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Neither Defient Arms nor its Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties. See “Site User’s Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
Defient Arms does not claim ownership of the materials you provide to Defient Arms (including feedback and suggestions) or post, upload, input or submit to any Defient Arms website or its associated services (collectively “submissions”). However, by posting, uploading, inputting, providing, or submitting your submission you are granting Defient Arms permission to use your submission in connection with the operation of Defient Arms services, including without limitation the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your submission; and to publish your name in connection with your submission.
No compensation will be paid with respect to the use of your submission, as provided herein. Defient Arms is under no obligation to post or use any submission you may provide and may remove any submission at any time in its sole discretion. By posting, uploading, inputting, providing, or submitting your submission you warrant and represent that you own or otherwise control all of the rights to your submission as described in this section, including without limitation all rights necessary for you to provide, post, upload, input, or submit the submissions.
19. Site User’s Materials
Defient Arms respects the intellectual property of others, and asks if you or any user of this Site believes its copyright, trademark or other property rights have been infringed by a posting on this Site, please send notification to Defient Arms, including:
- (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- (b) Identification of the copyrighted or trademarked work claimed to have been infringed;
- (c) Information reasonably sufficient to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- (d) Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to locate the materials;
- (e) A certified statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
- (f) A certified statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), you may contact Defient Arms’s designated agent to give a Notice of Claimed Copyright Infringement by emailing:
You acknowledge and agree that upon receipt of a notice of a claim of copyright or trademark infringement, Defient Arms may immediately remove the identified materials from this Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
You will be able to terminate your Site account or any Defient Arms service at any time by accessing your account and billing information by logging into the Site or contacting Defient Arms personnel directly. The termination will be effective within three (3) days from when the termination notice is received and all remaining invoices have been fully paid. You agree that until the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the service. In the event legal action is necessary to collect on balances due, you agree to reimburse Defient Arms for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
Defient Arms has the right to terminate its services to you or your use of the Site, for any reason or no reason, by delivery of a written notice to the nonterminating party via email. Once a notice of termination is delivered, your account will be closed and you must pay any outstanding balances owed to Defient Arms. In no event is Defient Arms responsible for any losses or damages that you may incur due to termination of its services or your use of the site.
If your account is terminated, Defient Arms may retain information about you and your use of its services for up to two (2) years after the date of your termination, but is in no way required to maintain such information or return such information to you. All other provisions and sections of this Agreement shall survive after termination of your use or account including without limitation, liability limitations, indemnification, intellectual property rights and warranty disclaimers.
21. Rights Reserved
Defient Arms reserves its rights to all its intellectual and tangible property, whether made available through this Site and/or its services or through any other method, and all right, title, and interest in and to such property will remain solely with Defient Arms at all times. In addition, Defient Arms has the right, though not the obligation, to do all of the following, in its sole discretion, at any time and for any reason, without notice:
- (a) Refuse to post, edit, or remove any content from the Site that, in its reasonable opinion, violates any Defient Arms policy or is in any way harmful or objectionable;
- (b) Terminate access to or use of all or any part of the Site or Defient Arms services;
- (c) Deny granting access to or use of all or any part of the Site or any Defient Arms services;
- (d) Prohibit participation in any firearm training activity or course;
- (e) Impose a forfeiture of any monies received from you by Defient Arms or decline to refund any amounts previously paid (particularly if a violation of these terms has occurred);
- (f) Temporarily or permanently ban users who violate these rules of conduct, or who in any way abuse Defient Arms policies;
- (g) Monitor Content posted on the Site or available through its services;
- (h) Monitor user activity while participating in any Defient Arms service;
- (i) Modify or replace any part of these Terms of Service;
- (j) Offer new services and/or features through the Site (including, the release of new tools and resources);
- (k) Pursue civil or criminal prosecution, when appropriate, against violators of these Terms;
- (l) Enforce restrictions imposed on it by law and prevent any user from breaking the law by using this Site or Defient Arms services; and
- (m) Discontinue or limit the availability of a training course, service, or this Site.
22. Safety and Law Enforcement
Defient Arms abides by the laws of the United States and will cooperate with the legitimate needs of law enforcement, including disclosing information about you to government or law enforcement officials if required to do so by warrant or in order to prevent the continued commission of a crime. Defient Arms may also disclose information where, in its sole discretion, it determines it is necessary to respond to legal claims, protect the property and rights of Defient Arms, to protect the safety of the public or any person, or to prevent or stop risky, illegal, unethical, or legally actionable activity.
23. Governing Law
This Site (excluding any linked Sites) is controlled by Defient Arms from its offices within the State of Oklahoma, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Oklahoma, by accessing this Site both you and Defient Arms agree that the statutes and laws of the State of Oklahoma, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Site and the purchase of products and services available through this Site.
24. Voluntary Arbitration
In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, both Defient Arms and such party shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.
If such a solution is not reached within a period of sixty (60) days, then, Defient Arms reserves the sole right to compel binding arbitration upon notice to all other parties to the dispute, to begin no later than thirty (30) days of such notice. Should Defient Arms exercise such right, all disputes, claims, questions, or differences shall be finally settled by such binding arbitration, administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules.
Defient Arms reserves all rights to any remedy in equity or law, or to bring such defense to any claim in any court of equity or law, provided it has not made an election to be bound by arbitration. Any arbitration will be conducted in the State of Oklahoma and in the English language, with costs and attorney’s fees to be awarded to the prevailing party.
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Notices to Defient Arms must be sent via email to the attention of Notices at firstname.lastname@example.org or via certified mail return receipt to:
Deo Fidemus Enterprise, L.L.C.
DBA Defient Arms
3225 Debbie Ln.
Bartlesville, OK 74006
Notices to you may be sent either to the e-mail address supplied for your account or to the address supplied by you as part of your registration. In addition, Defient Arms may broadcast notices or messages through the Site to inform you of changes to the Site or other matters of importance, and such broadcasts shall constitute notice to you.
Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (c) five business days after the mailing date, if sent by US mail, return receipt requested; (d) on the delivery date if transmitted by confirmed facsimile; or (e) on the delivery date if transmitted by confirmed e-mail.
26. Entire Agreement
These Terms of Service constitute the entire agreement and understanding between you and Defient Arms concerning the subject matter hereof, and such Terms supersede all prior agreements and understandings between the parties. These Terms of Service may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.
In any action to enforce these Terms of Service, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
You acknowledge that the rights granted and obligations made hereunder to Defient Arms are of a unique and irreplaceable nature, the loss of which shall irreparably harm Defient Arms and which cannot be replaced by monetary damages alone so that Defient Arms shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you.
You may not assign your rights and obligations under these Terms of Service to any party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms of Service.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site.
If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.
Any printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English, and all proceedings be conducted in English.
28. Contact Information
Except as explicitly noted on this Site, the services available through this Site are offered by Deo Fidemus Enterprise, L.L.C.®, an Oklahoma limited liability company, located at:
3225 Debbie Ln.
Bartlesville, OK 74006
If you notice that any user is violating these Terms of Service, please contact us immediately at email@example.com or by telephone at 407-617-5253.
29. Effective Date
Effective as of August 19, 2016.