Terms & Conditions
Terms and Conditions
- Modification. This Agreement may be modified by EMPIRE PBF at its sole discretion from time to time, such modifications to be effective upon posting by EMPIRE PBF on the Website and your use of the Website after such posting will constitute acceptance by you of such changes. Please consult this Agreement regularly. This Agreement was last updated on February 13, 2021.
You must be at least eighteen (18) years of age to purchase Products, register with or otherwise use the Website. By using the Website, you represent and warrant that: (a) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (b) all registration and listing information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; (d) you are 18 years of age or older; and (e) your use of the Website does not violate any applicable law or regulation.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and/or availability. EMPIRE PBF reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). EMPIRE PBF apologizes for any inconvenience this may cause you.
When you visit the Website or send e-mails to EMPIRE PBF, you are communicating electronically. You consent to receive communications from EMPIRE PBF electronically. EMPIRE PBF will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. You also agree that by signing up for EMPIRE PBF e-mails you consent to receiving products, promotions, and other advertisements from EMPIRE PBF or its partners.
If you are not completely satisfied with your Website purchase, you may return the unused products with your receipt within 15 days from the date of purchase to:
5733 Mobud St.
San Antonio, Tx 78238
All returned merchandise must be accompanied by a completed Return/Exchange Form. Customer will be responsible for all freight and shipping charges on items returned that are not the result of Seller’s error. EMPIRE PBF is not responsible for lost shipments on items being returned. EMPIRE PBF will cover the freight costs for shipping exchanged items to the Customer. Returns will not be accepted on merchandise that has been altered, laundered, or modified in any way. Customers must inspect all packages upon receipt. All damaged or incorrect items will need to be sent back to EMPIRE PBF upon receipt for a credit, and must be postmarked within 15 days of the purchase. EMPIRE PBF will send a prepaid shipping label to Customer for the damaged or incorrect item to be sent back to EMPIRE PBF.
CUSTOMER ACCEPTANCE OF LATE OR DEFECTIVE MERCHANDISE.
Customer’s failure to provide written notice of a claim, as set forth in these Terms and Conditions of Sale, shall constitute a waiver of any claim Customer may have for damages resulting from such defects, including late delivery.
The prices displayed on the Website are quoted in U.S. dollars and are valid and effective only in the U.S.
EMPIRE PBF has made every effort to display as accurately as possible the colors of the Products that appear on the Website. However, as the actual colors you see will depend on your monitor, EMPIRE PBF cannot guarantee that your monitor's display of any color will be accurate.
Customer is responsible for all shipping and freight charges, FOB seller’s warehouse. Orders are normally shipped by UPS. Seller will not be responsible for shipping delays caused by any carrier. Shipping Orders for in-stock items will be shipped by the next day. Shipping rates are calculated based on weight, destination, and shipping service. Your final shipping and handling amount will be displayed before you place your order. Shipping charges may be billed separately on credit card orders.
Customer must notify Seller at time of purchase if a signature is required for residential deliveries. Seller is not liable for any lost or stolen goods that are delivered to a residence without requiring a signature.
If at the time of checkout, a mixture of in-stock and backordered items have been ordered, EMPIRE PBF may ship twice on a single order. The first shipment will consist of in-stock items available at the time the order is placed. The second shipment will not occur until all backordered line items are in stock. Freight for the second shipment will be included and charged during the transaction made at the time of the first shipment.
NO LIABILITY FOR OUTSIDE VENDORS.
Seller shall not be liable for any work performed by any third-party vendor referred by Seller and hereby waives any right to assert any claim against Seller for work performed by any other third party or vendor, including but not limited to, claims for negligent referral, agency, or respondent superior.
When you sign up to become a registered customer, you will also be asked to choose a password for purposes of accessing the Website and purchasing Products. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You shall prevent unauthorized use of the Website using your password. You agree to (a) immediately notify EMPIRE PBF of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. EMPIRE PBF will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. All assignments of your password shall be void.
INTELLECTUAL PROPERTY AND LICENSE/SITE ACCESS.
EMPIRE PBF owns and retains all proprietary rights in the Website. Except as otherwise expressly noted, all Products, images, illustrations, designs (including Product designs), graphics, icons, photographs, text, audio clips, video clips and other materials that appear as part of the Website as well as the selection, arrangement and organization of the foregoing and the Website as a whole (collectively, 'Content') are subject to copyright, trademark, service mark, trade dress, and/or other intellectual property rights or licenses and rights of publicity and privacy, all worldwide rights, titles and interests in and to which are owned by or licensed to EMPIRE PBF or its suppliers. All software used on this Website is the property of EMPIRE PBF or its suppliers and is protected by U.S. and international copyright and other intellectual property laws.
EMPIRE PBF grants you a limited license to access and make personal use of the Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of EMPIRE PBF. The Content of the Website, the Website as a whole and the software are intended solely for personal, non-commercial use by you and other commercial users of the Website who have a user ID and password. You may not: (a) modify or create any derivative work based on the Content or use the Content, in whole or in part, for any commercial purpose or for any public display, performance, sale, rental, outsourcing or other commercial exploitation; (b) remove or alter any copyright, trademark or other proprietary notices from the Content; (c) transfer the Content to another person; or (d) reproduce the Content, the Website or the software, in whole or in part, as expressly provided herein. You agree to prevent any unauthorized copying of the Content or software. EMPIRE PBF reserves all rights not expressly granted herein.
Website or its content with any other site, advertisement, link or other information or materials not originating from this Website is expressly prohibited, unless specifically authorized or required in writing by EMPIRE PBF.
LINKS TO THIRD PARTY SITES.
EMPIRE PBF may provide, or third parties may provide, links to other World Wide Web sites or resources. Because EMPIRE PBF has no control over such sites and resources, you acknowledge and agree that EMPIRE PBF is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that EMPIRE PBF 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 the use of, or reliance upon, any such content, goods or services available on or through any such site or resource. We do not control the privacy policies or practices of these Websites. You should review those policies before providing any personal information. EMPIRE PBF is not responsible for the content or practices of any linked Websites and provides these links solely for navigation convenience to visitors.
The EMPIRE PBF Website contains Content of EMPIRE ("EMPIRE PBF Content"). EMPIRE PBF Content is protected by copyright, trademark, patent, trade secret and other laws, and EMPIRE PBF owns and retains all rights in the EMPIRE PBF Content and the EMPIRE PBF Website. EMPIRE PBF Tactical hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the EMPIRE PBF Content (excluding any software code) solely for your personal use in connection with viewing the EMPIRE PBF Website and using the EMPIRE PBF Website.
The EMPIRE PBF Website contains Content of Users and other EMPIRE PBF licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the EMPIRE PBF Website.
EMPIRE PBF performs technical functions necessary to offer the EMPIRE PBF Website, including but not limited to transcoding and/or reformatting Content to allow its use throughout the EMPIRE PBF Website.
You agree to indemnify and hold EMPIRE PBF, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, DAMAGES, claim, ACTIONS, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the PRODUCTS in violation of this Agreement and/or arising from ANY USE OF THIS WEBSITE
EMPIRE PBF shall not be liable for failing to perform its obligations hereunder because of circumstances reasonably beyond the control of EMPIRE PBF. Such circumstances shall include (without limitation) any acts or omissions of any government or governmental authority, natural disaster, act of a public enemy, acts of terrorism, riot, sabotage, labor disputes, power failure, delays in transportation or deliveries of supplies or materials, acts of God, computer failure, hardware failure, telecommunications failure, software failure, failure of users to cooperate with the reasonable requests of EMPIRE PBF, breach of this Agreement by users, and any other events reasonably beyond the control of EMPIRE PBF.
CONSENT TO JURISDICTION, FORUM SELECTION AND CHOICE OF LAW.
By using the Website you expressly agree that if there is any dispute arising out of the Website and/or the Products, or in the event of any judicial action arising directly, indirectly, or otherwise in connection with, out of, related to or from this Agreement or any transaction covered hereby or otherwise arising in connection with the relationship between the parties, regardless of whether such action is brought under contract, tort, statute or otherwise, any such dispute shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Texas, in Williamson County, for the resolution of any such dispute. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. You hereby waive any right you may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulate that the State and Federal courts located in the County of Williamson, State of Texas shall have jurisdiction and venue over you for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.
If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Please contact us with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND UNDERSTAND AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
©2017 EMPIRE PBF All rights reserved.
SUBMITTING SUGGESTIONS TO EMPIRE PBF.
EMPIRE PBF is a company founded on innovation and will continue to succeed on just that. We have dedicated personnel who brainstorm, test and execute new product ideas to complement our existing line. If you have a new product idea suggestion, we welcome you to fill out our feedback form. Please note that by submitting a product suggestion, you acknowledge that EMPIRE PBF will view the information as non-confidential and may use the suggestion without compensation to you or another party submitting this information. Additionally, you agree that EMPIRE PBF is not restricted from developing (or having already formulated) plans to create or enhance products similar to your submitted suggestion.
WHAT KIND OF INFORMATION DOES EMPIRE PBF COLLECT?
EMPIRE PBF collects the personal information you provide us in connection with your purchase transaction, such as your name and telephone number. We also collect and maintain records and history about customers’ purchases and product preferences. If you pay by credit card, debit card or check, you provide us with your account information. If you return merchandise or request a refund or exchange, you provide us with your personal information. Also, when you register or create an online account with us, sign up for e-mail, contact customer service, participate in our surveys, enter our sweepstakes, contests, or other promotions, or send us feedback or submissions, you are providing us with your personal information.
HOW DO I OPT-OUT FROM EMPIRE PBF EMAIL?
* You may opt-out of receiving promotional email from us by doing one of the following:
* If you originally signed up for EMPIRE PBF email, please return to the email sign-up page, and complete the 'unsubscribe' entry field and click the “Unsubscribe” button. Please be sure to use the same email address as that which you used to sign-up. Otherwise, it may not be possible to comply with your request.
* If you have received an email from EMPIRE PBF, you can follow the opt-out or 'unsubscribe' instructions provided in your e-mail.
CHANGES TO OUR POLICY