TERMS OF SERVICE.

PS ARMY Terms of Service 

Last Updated: June 26, 2021 

These Terms of Service (“Terms”) apply to your access to and use of the website www.ps-army.com and other online or mobile products and services (collectively, our “Services”) provided by PS ARMY, LLC, (“PS ARMY” or “we”). If you use our Services to purchase any of our products, or other goods we offer for sale via our Services (collectively, our “Products”), such purchase is governed by these Terms, including the Terms of Sale set forth in Section 11 below.         

By creating an account, purchasing any of our Products, or otherwise using our Services, you agree to be bound by these Terms, including the mandatory arbitration provision and class action waiver in Section 17. If you do not agree to these Terms, do not use our Services. 

We may supply different or additional terms in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict. 

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services. 

If you have questions about our Product or an order you have placed, please contact our PS ARMY support team at hello@ps-army.com. If you have any questions about these Terms or our Services, please contact us at contactus@ps-army.com

 

1. Privacy

For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy

 

2. Eligibility

You must be at least 13 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us. 

 

3. User Accounts and Account Security

You may be able to register for an account to access certain features of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission.  If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames. 

 

4. User Content

Our Services may allow you and other users to create, post, store and share content, such as messages, text, photos, videos, and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and PS ARMY. 

When you post or otherwise share User Content on our Services, you understand that your User Content and any associated information (such as your first name or profile photo associated with a product review or caption associated with a photo you share) may be visible to others. 

You represent and warrant that your User Content, and our use of such User Content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason without notice. 

 

5. Prohibited Content and Conduct 

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Products and our Services. You will not: ​

  • Engage in any harassing, threatening, intimidating, predatory or stalking conduct 

  • Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity   

  • Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner 

  • Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services 

  • Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services  

  • Develop or use any applications that interact with our Services without our prior written consent; 

  • Bypass or ignore instructions contained in our robots.txt file 

  • Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms 

You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that: 

  • Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent 

  • Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law 

  • May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party 

  • Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences 

  • Impersonates or misrepresents your affiliation with, any person or entity 

  • Contains any unsolicited promotions, political campaigning, advertising or solicitations 

  • Contains any private or personal information of a third party without such third party’s consent 

  • Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content 

  • In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose PS ARMY or others to any harm or liability of any type 

Enforcement of this Section 5 is solely at our discretion, and failure to enforce this Section 5 in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 5 does not create any private right of action on the part of any third party or any reasonable expectation that our Services will not contain any content that is prohibited by such rules. 

 

6. Trademarks

PS ARMY, the main Logo, along with our other logos, product or service names, slogans, and the look and feel of the Services are trademarks of PS ARMY and may not be copied, imitated or used, in whole or in part, without our prior written permission.

All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us. 

 

7. Feedback

You may voluntarily communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about PS ARMY, our Products, or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in our sole discretion. You understand that PS ARMY may treat Feedback as nonconfidential. 

 

8. Third-Party Content

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. PS ARMY does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk. 

 

9. Terms of Sale

The Term of Sale set forth in this Section 11 apply to the purchase of Products using our Services. By purchasing a Product via our Services, you accept and agree to be bound by these Terms of Sale.  If you do not agree to these Terms of Sale, do not purchase Products via the Services.  

A. Order Eligibility 

To complete your purchase, you must have a valid billing and shipping address within a country that can be selected for the billing and shipping addresses as part of the checkout process on the Services.  

B. Product Availability, Display, and Specifications 

Details of Products available for purchase are set out on our Services. All features, content, descriptions and prices of our Products described or depicted on the Services are subject to change at any time without notice. We attempt to ensure that information on the Services is complete, accurate, and current. Despite our efforts, the information on the Services may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, availability, accuracy or currency of any information on the Services. For example, Products included on the Services may be unavailable or may have different attributes than those listed. 

We make reasonable efforts to publish information and display Product images accurately, Packaging and labeling may vary from that shown and may contain more and/or different information from that shown on the Services. You should not solely rely on the information presented on the Services and should always read labels, warnings, and directions for safe use on the labeling and package you receive before using any of our Products.  

C. Purchase Restrictions and Quantity Limits 

You may only purchase Products for personal use by either yourself or your intended recipient of the Products. We may place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per household. We reserve the right, without prior notice, to refuse service to any customer or reject any order at any time and refund any money you have paid for such order. 

D. Order Process; Errors 

You will have the opportunity to review and confirm your order, including delivery address, payment method, and other details of your order. We will send you an email acknowledging your order shortly after you place it, and our acceptance will be complete at the time we send such email. We will arrange for shipment of the Products to you. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss in any Products you purchase pass to you when the shipping carrier receives the goods from PS ARMY. Shipping and delivery dates are estimates only and cannot be guaranteed.  We are not liable for any delays in shipments. 

We reserve the right to refuse or cancel any order prior to delivery. For example, if there are errors on the Services or made in connection with your order, inaccuracies in Product or pricing information or Product availability, we reserve the right to correct the error and charge you the correct price or cancel your order. We also may require verification of information prior to the acceptance and/or shipment of any order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. Occasionally, the manufacture or distribution of a certain Product may be delayed. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. 

E. Price 

Prices shown on the Services exclude all taxes or charges for shipping and handling. Taxes and shipping and handling costs will be added to the amount of your purchase and itemized on the check-out page. You will have an opportunity to review taxes and delivery costs before you confirm your purchase. Each item in your shopping bag is shown at the current price.  All prices on the Services are subject to change at any time without notice.   

F. Payment 

The Services give you several payment options. We reserve the right to change the payment options we offer at any time and for any reason. Payment must be received by us before our acceptance of an order. When you provide credit card information or other information necessary to facilitate payment for your order, you represent that (a) you are the authorized user of the credit card that is used to pay for our Products, (b) the credit card information you supply is true, correct and complete, (c) charges incurred by you will be honored by your credit card company, and (d) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any. 

G. Return Policy 

OUR RETURN POLICY IS IN ADDITION TO ANY STATUTORY RIGHTS YOU MAY HAVE UNDER LAW.  

We hope that you will be pleased with Products you purchase using our Services. However, if for any reason you decide to return a Product that you purchased via our Services, you must notify Ps.army and return the Product to us within thirty (14) days from the date such Product was purchased. 

Ps.army will only accept a return if: 

  • The product(s) you received is damaged or doesn't much the product you purchased.

  • The Product(s) are returned from the country where it was originally shipped by Ps.army; and 

  • You initiate the return through our designated returns portal, available here.

Ps.army may decline a return if it fails to meet the criteria set forth above. PS.army does not take title to returned Products until the Product is received by Ps.army. Once the Product you are returning has been received and processed, We will issue a refund to the original payment method used to purchase the Product or will issue you store credit, depending upon the option you selected when initiating the return. The refund amount will include the purchase price of the returned Product and any associated sales tax. Unless prohibited by law, any shipping and handling charges paid for the original purchase will not be refunded. 

H. Return Procedure

To initiate a return, you must use our self-service portal available at this link. To fill out the return request, you will need to provide your order number (found in your order confirmation email) and the shipping zip code associated with the order. You can then select which Product(s) you wish to return and the options for refund (if applicable), including a refund to your original payment method or store credit.  

After you file the return request, you will be provided with a pre-paid shipping label to use to return the Product(s).

If applicable, PS ARMY will initiate the refund associated with your return upon receipt of the returned Product(s). Please note that the time it takes for a refund amount to appear on your billing statement may differ based on your payment provider and billing cycle.  

If, in our reasonable determination, a Product shipped to us is ineligible for return, we will not be responsible for returning that ineligible Product to you. Ps ARMY has no obligations with respect to such ineligible Products.  

 

10. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless PS ARMY and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “PS ARMY Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of our Products or Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Products or Services. You will promptly notify PS ARMY Parties of any third-party Claims, cooperate with PS ARMY Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). The PS ARMY Parties will have control of the defense or settlement, at our sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and PS ARMY or the other PS ARMY Parties. 

 

 

11. Disclaimer of Warranties and Release

Your use of our Products or our Services is at your sole risk. Except as otherwise provided in a writing by us, our Products and our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, PS ARMY does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While PS ARMY attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services. 

To the fullest extent permitted by applicable law, you release PS ARMY and the other PS ARMY Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to (a) your use of our Products or Services; (b) disputes between users of our Services; and (c) the acts or omissions of third parties.  

 

 

12. Limitation of Liability

To the fullest extent permitted by applicable law, PS ARMY and the other Ps ARMY Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if PS ARMY or the other PS ARMY Parties have been advised of the possibility of such damages. 

The total liability of PS ARMY and the other PS ARMY Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you to purchase Products via our Services in the 12 months preceding the claim. 

The limitations set forth in this Section 15 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of PS ARMY or the other PS ARMY Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. 

 

13. Transfer and Processing Data

In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.  

 

14. Modifying and Terminating our Services

We reserve the right to modify our Products or Services or to suspend or stop providing any of our Products or all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services. 

15. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. 

 

16. Miscellaneous

The failure of PS ARMY to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.