Terms of service
T3 Protective Gear Terms Conditions of Sale and Website Use and FAQs
When we refer to "T3 Protective Gear," "we," "our," or "us," it means T3 Protective Gear, LLC.Our headquarters are located in Knoxville, Tennessee, USA.The telephone number (423) 871-0907.
The trademarks, service marks and logos (collectively, "Trademarks") used on this Website are registered and unregistered Trademarks of T3 Protective Gear.We do not grant, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on our Website, without the written permission of the Trademark owner.Please respect our Trademarks.
While Our Products Have No Limits, Our Liability Does
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL T3 PROTECTIVE GEAR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT MAY HAVE RESULTED FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, NOR SHALL T3 PROTECTIVE GEAR BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND T3 PROTECTIVE GEAR’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS WEBSITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL T3 PROTECTIVE GEAR OR ITS AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, EVEN IF T3 PROTECTIVE GEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF TENNESSEE TO THE EXTENT DAMAGES TO SUCH RESIDENT ARE THE RESULT OF T3 PROTECTIVE GEAR’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
Hands Off Our Intellectual Property:
The trademarks, service marks and logos (collectively, "Trademarks") used on this Website are registered and unregistered Trademarks of T3 Protective Gear. We do not grant, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on our Website, without the written permission of the Trademark owner. Please respect our Trademarks.
Laws Governing Our Relationship:
The rules described herein (the “Rules”) and your use of the Website will be governed by the laws of the State of Tennessee, as applied to contracts entered into between Tennessee residents and performed in Tennessee but without regard to its conflict of law principles. Any dispute which may arise out of these Rules or your use of our Website not subject to Binding Arbitration will be heard only in the state or federal courts located in Knox County, Tennessee, and you hereby consent and submit to the personal jurisdiction of such courts.
Bad Break Up? Binding Arbitration is Required
You agree that any controversy or claim arising out of or relating to the Website, use of the Website, and/or these Rules shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein in Knoxville, Tennessee, or at such other location as may be mutually agreed upon by the parties, subject to the applicable rules set forth in the then prevailing applicable Consumer Arbitration Rules of the American Arbitration Association (“AAA Consumer Arbitration Rules”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The AAA Consumer Arbitration Rules are available at www.adr.org/consumer. The arbitrator shall be selected pursuant to the AAA Consumer Rules. Alternatively, you may assert your claims in small claims court in accordance with the terms of this Agreement if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The arbitrator shall apply Tennessee law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. If you initiate arbitration against T3 Protective Gear, you will not be responsible for professional fees for the arbitrator’s services or any other AAA fees. In the event that you are to demonstrate that the costs of arbitration will be cost-prohibitive or greater than the costs of litigation, T3 Protective Gear will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive or more expensive than the cost of litigation. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by the American Arbitration Association, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. Should the portion that is deemed invalid, unenforceable, or illegal be that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor T3 Protective Gear shall be entitled to arbitrate their dispute. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THIS WEBSITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
Severability of These Rules
If any provision of these Rules is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Rules (and the links contained herein) state the entire agreement between the parties relating to use of the Website. The Rules may not be amended except as provided above.