TERMS OF SERVICE
This website is operated by Byrna Technologies Inc. (or “Byrna”) and hosted by Shopify Inc. Shopify provides the online e-commerce platform that allows us to offer the products and services for sale on this site. The terms “we”, “us” and “our” refer to Byrna. Your use of this website and access to all information, tools and services available from this site is expressly conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. It is solely the user’s responsibility to determine and obey applicable federal, state, county and other local laws and regulations (including minimum age requirements) related to the purchase, possession and use of any Byrna or third-party product purchased from our store. Byrna makes no representation or warranty that this site, any product offered for sale on this site, or any other material contained herein is legal to own or use, appropriate, or available for use in any jurisdiction outside the United States. Byrna does not intend, by operating this site, to subject itself to the laws or jurisdiction of any state, country or territory other than that of the United States.
Please read these Terms of Service carefully before accessing or using our website. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content, except where prohibited by law. IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER, YOU MAY NOT ACCESS OR USE OUR SITE OR ANY SERVICES. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website; however, any changes to the dispute resolution provisions set forth below will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the site. It is your responsibility to visit this page when using the site to review the current Terms, as they are binding on you. Your continued use of the site after any modifications indicates your acceptance of these Terms, as modified. The "Effective as of" date sets forth the date these Terms were last updated. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
All content included on this site, such as text, graphics, logos, video and audio clips, images, digital downloads, data compilations, button icons, and software, is the property of Byrna or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Byrna and protected by U.S. and international copyright laws. All software used on this site is the property of Byrna or its software suppliers and protected by United States and international copyright laws.
BYRNA, BYRNA logo designs and any other trademarks and/or service marks displayed on our website are either registered trademarks or common law trademarks of Byrna or its subsidiaries, in the United States and other countries. The entire contents of the website, including without limitation, all information, software, code, data, text, displays, images, video and audio, logos, slogans, trade names, product/service names, domain names, and the design, selection and arrangement of the website as a collective work and/or compilation is protected by United States and international laws regarding copyrights, trademarks, trade dress, unfair competition and other intellectual property or proprietary rights, and is owned, controlled and/or licensed by Byrna or its subsidiaries, in the United States and other countries. These trademarks and trade dress may not be used in connection with any product or service that is not manufactured for or by Byrna or offered for sale by Byrna in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Byrna. Any trademarks not owned by Byrna or its subsidiaries that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Byrna or its subsidiaries.
The Company has granted and pending patents, design patents and registered designs which are relevant to various of Byrna’s products. Click here to learn more.
LICENSE AND SITE ACCESS
Users of this site are granted a limited license to access and make personal use of its content. Any unauthorized use or use for any impermissible or prohibited purpose terminates the permission or license granted herein. Users are expressly prohibited from any resale or commercial use of this site and/or the information reflected herein including product listings, descriptions or prices whether for personal profit or for the benefit of any third-party seller. Except as may occur incidentally to facilitate use of the site by caching pages, no user may download or alter the site or any content, part or portion hereof without the express written consent of Byrna. This limited use license does not include the right to collect and make use of any Byrna or other product listings, product descriptions, prices, or other content whatsoever. It is prohibited to make any derivative use of this site or its content in whole or part. Downloading or copying of account information is strictly prohibited as is of data mining, robots, or any data gathering or content extraction whatsoever. No portion of this site, including but not limited to images, trademarks logo and other proprietary information may be copied, reproduced, sold, or used in any manner whatsoever for the commercial purpose or benefit of anyone other than Byrna without the express written consent of Byrna . Framing, meta tags or any other “hidden text” capturing, copying or using the Byrna name or is strictly prohibited. You must obtain express written permission from Byrna and/or Byrna in order to use any Byrna trademark, image or graphic contained on this site in any hyperlink or otherwise and before creating any link to any page of Byrna.com. To the extent that Byrna consents in writing to any use of information including trademarks, graphics and proprietary images herein, users must ensure such permitted use is undertaken and maintained only in ways that do not portray Byrna, its affiliates, or their products or services inaccurately or misleading, derogatory, or offensive manner. Nothing herein prohibits page caching in the ordinary course to facilitate the use of the site or access to the information contained herein.
AGREEMENT TO ABIDE BY TERMS OF SERVICE
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state and agree that you will only use our products safely and in accordance with manufacturer’s instructions, and that you will not use our products for any illegal or unauthorized purpose nor will you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. If we become aware of that you have breached or violated any of the Terms (including by misrepresenting your age) it will result in an immediate termination of the Services including cancellation of any pre-order or order you have placed and any account or registration in your name.
We may provide opportunities for product review, comment, questions, videos, contest entries, or other content to be posted on this site. You agree that any content provided by you, including but not limited to the foregoing (but not including credit card information which is always encrypted during transfer over networks), may be transferred unencrypted over multiple networks, or altered to meet the technical requirements of connecting networks or devices. You agree not to reproduce, duplicate, copy, sell, resell or exploit this website or its content in any manner whatsoever without the express written permission of Byrna. The headings used in this agreement are included for convenience only and are not intended to and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
Byrna reserves the right to modify the contents of this site at any time but undertakes no obligation to update any information on our site. All information including written content, renderings, graphics and videos, that is contained on this site is provided for general information only and should not be relied upon or used as the sole basis for making purchasing decisions without consulting primary, more accurate, more complete, or more timely sources of information. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. Products as shipped may have been updated and have differences from their renderings on this site. Applicable laws, regulations and practices may change over time or due to intervening events. Any reliance on the material on this site is at your own risk.
By purchasing any product from Byrna you agree that it is solely your responsibility to monitor changes to our site for new or different information, updated manuals, recalls, or warnings and to monitor all applicable laws relevant to your purchase of our products and ownership and use of products purchased on our site. It is your responsibility to understand and to monitor the laws and regulations applicable in all venues where you intend to ship, store, and use our products.
PRICING AND AVAILABILITY OF PRODUCTS
Sales on Byrna.com to customer is a domestic transaction and not for export outside the US. Subsequent exports of Byrna products must be done in accordance with US EAR.
All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. Notwithstanding the site’s listing of products for sale Byrna reserves the right to cancel orders or refuse service for any reason at any time. Our prices are subject to change without prior notice and special and introductory discounts or pricing may be discontinued at any time or refused at our sole discretion with respect to any order.
All of our products are subject to availability, and we reserve the right to impose quantity limits to reject all or part of any order, to discontinue offering certain products, and to substitute products without prior notice. Sales or shipping of our products may be refused to any person, household, geographic region or jurisdiction. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased by certain persons, households or per order or require additional information from you or verification of information provided by you before an order receipt acknowledgment or can be sent or before shipping your order. Restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or unauthorized distributors.
Any order placed for projectiles whose content is prohibited or restricted for shipment to or possession at the address provided may be modified and a projectile substituted that is permissible unless an alternative shipping address is provided. See Restrictions. If applicable, a charge or credit may be posted to your account for the difference in price, or if no products can be shipped to that address the order will be cancelled. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service or any product.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Warranty.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING, ORDER, AND SHIPPING INFORMATION
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, including pre-orders and as applicable, your “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any payment method problems before we proceed with your order. If you want to change or update your payment method information, you can do so at any time by logging into your account or by emailing firstname.lastname@example.org. If a payment is not successfully settled, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated.
You acknowledge that the amount billed may vary due to promotional offers, preferences you select, or changes in applicable taxes or other charges, and you authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount.
You agree to provide current, complete and accurate purchase and shipping information for all purchases made at our store. You agree to promptly update your orders, account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You may be required to create an account to access or use certain areas of the Site or to modify an existing order. If you choose to create an account, you are responsible for maintaining the confidentiality of your account (including your username and password information), and also for restricting access to such information, your account, and your device. You agree to accept responsibility for all activities that occur under your account or password. Additionally, you agree to notify us immediately of any unauthorized access or use of your account or password, or any other breach of security.
When you visit Byrna.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
PERSONAL INFORMATION AND PRIVACY
ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
We do not ship to all locations in the United States. See Shipping Restrictions. We do not currently ship any Byrna devices outside of the continental United States. The Byrna HD is available in South Africa from byrna.africa.
MINIMUM AGE TO PURCHASE A BYRNA HD
We do not sell to persons under 18 under any circumstances. Some localities may regulate purchase, possession and use by persons under 21. It is your responsibility to check applicable local laws before purchasing a Byrna HD.
The Byrna HD is intended for use by adults for personal self-defense where and as permitted by applicable laws. It is not intended to be used as an offensive weapon. The Byrna should never be pointed at a police officer or other law enforcement personnel acting in their professional capacity. We do not recommend drawing it other than as needed for self-defense as it may be perceived to be a firearm and put you in jeopardy. You should not use the Byrna in furtherance of a crime or brandish it recklessly or intentionally to threaten or injure any person except where permitted in reasonable defense of person or property. While the Byrna HD is a non-lethal device, it is still a dangerous weapon and if used improperly can result in criminal and/or civil liability.
The Byrna may not be “carried-on” on commercial airlines. Before travelling always check individual airline and airport rules as well as local laws and regulations for all points of embarkation and disembarkation as well as FAA and TSA regulations, all of which are subject to change. See Travelling with your Byrna.
Important Safety Notice
It is the buyer’s responsibility to accept all responsibility for the use of the Byrna devices. It is important that you carefully read and understand all instructions, safety considerations and warnings in the product manualbefore unwrapping or attempting to operate the device, including but not limited to those related to use of the safety mechanism, loading and identification of the rounds, the safe use and storage of the launcher, rounds, and CO2 cannisters, and recommendations concerning discharge and travel with your Byrna.
Buyer’s Acknowledgment, Certification, Waiver, and Indemnification
Byrna is not responsible for any physical harm or damage from the use or misuse of any devices or rounds purchased from us.
By purchasing any product, including a self-defense device or self-defense projectiles from us, you understand that Byrna does not warrant that you may legally purchase, possess, or carry these products according to any state or local laws. By purchasing a Byrna the buyer represents that he is at least 18 (21 if required by local law), that he is not prohibited from owning or using a Byrna under relevant state or local law or regulation or pursuant to any court order, that he intends to use his Byrna solely for self-defense, that he understands and agrees to comply with all state and local laws related to its ownership, possession, and use, and that he will read all packaging, manuals and labels, comply with all safeguards and notices, and follow all instructions and warnings. The buyer, on behalf of himself and on behalf of his employers, employees, agents, executors, successors, and heirs, waives any and all claims whatsoever, whether at law or in equity (and including any claim of negligence or torts), against Byrna, and all of its subsidiaries, affiliates, parents, directors, officers, shareholders, successors and assigns , arising from or related to his purchase, ownership, use, or discharge of its products. Moreover, the buyer, on behalf of himself and any of his executors, successors and heirs, expressly agrees to indemnify and hold harmless Byrna, and all of its subsidiaries, affiliates, parents, directors, officers, shareholders, successors and assigns against any and all claims and expenses (including attorneys’ fees) whatsoever resulting directly or indirectly from the purchase, ownership, and use or misuse of the item in compliance or in violation of federal, state, or local laws or regulations.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of any Service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Byrna, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Without limiting the foregoing, Byrna expressly disclaims all liability for claims that are due to normal wear, product misuse or abuse, product modification, improper product selection, non-compliance with any law, code, or regulation, or misappropriation (including the unauthorized access or misappropriation of your personal information.
INDEMNIFICATION FOR BREACH OF TERMS OF SERVICE
You agree to indemnify, defend and hold harmless Byrna, and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
BUYER’S ACKNOWLEDGMENT, CERTIFICATION, WAIVER, AND INDEMNIFICATION RELATED TO THE USE OR MISUSE OF PRODUCTS PURCHASED FROM BYRNA .
Byrna is not responsible for any physical harm or damage from the use or misuse of any devices or rounds purchased from us.
By using the Services, including purchasing any product, including a self-defense device or self-defense projectiles from us, you understand that Byrna does not warrant that you may legally purchase, possess, or carry these products according to any state or local laws. By purchasing a Byrna the buyer represents that buyer is at least 18 (21 if required by local law), that he is not prohibited from owning or using a Byrna under relevant state or local law or regulation or pursuant to any court order, that he intends to use his Byrna solely for self-defense, that he understands and agrees to comply with all state and local laws related to its ownership, possession, and use, and that he will read all packaging, manuals and labels, comply with all safeguards and notices, and follow all instructions and warnings. The buyer, on behalf of himself and on behalf of his employers, employees, agents, executors, successors, and heirs, waives any and all claims whatsoever, whether at law or in equity (and including any claim of negligence or torts), against Byrna, and all of its subsidiaries, affiliates, parents, directors, officers, shareholders, successors and assigns , arising from or related to his purchase, ownership, use, or discharge of its products. Moreover, the buyer, on behalf of himself and any of his executors, successors and heirs, expressly agrees to all waivers and indemnities provided in the Terms of Service, including without limitation to indemnify and hold harmless Byrna, and all of its subsidiaries, affiliates, parents, directors, officers, shareholders, successors and assigns against any and all claims and expenses (including attorneys’ fees) whatsoever resulting directly or indirectly from the purchase, ownership, and use or misuse of the item in compliance or in violation of federal, state, or local laws or regulations.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
DISPUTE RESOLUTION AND BINDING ARBITRATION
PLEASE READ THE FOLLOWING PROVISIONS CAREFULLY. IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK LEGAL REMEDIES IN THE EVENT OF A DISPUTE BETWEEN YOU AND BYRNA.
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either you or Byrna (the ”Parties”) seeks to bring an individual action in small claims court in the jurisdiction of your billing address or of Byrna’s headquarters or which seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property the Parties hereby agree to waive (i) their respective rights to have any and all Disputes arising from or related to these Terms, or the Sites (including products purchased) resolved in a court, and (ii) their respective rights to a jury trial. The Parties further agree to arbitrate any and all Disputes other than small claims or intellectual property Disputes seeking injunctive or other equitable relief through binding arbitration.
No Class Arbitrations, Class Actions or Representative Actions
The Parties agree that any Dispute arising out of or related to these Terms or the Sites (including products purchased) is personal in nature between them, and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding or be joined with any other proceeding. The Parties further agree that there will be no class arbitration or arbitration in which any individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, the Parties agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals and that no arbitrator will have the power to vary any of these waiver provisions.
Federal Arbitration Act
The Parties agree that these Terms affect interstate commerce and that the enforceability of the provisions governing dispute resolution shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the FAA), to the maximum extent permitted by applicable law.
Notice; Informal Dispute Resolution
The parties each agree to notify the other in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that they can attempt in good faith to resolve the Dispute informally. Notice to Byrna shall be sent by certified mail or courier to 107 Audubon Rd, Wakefield MA. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your order or Byrna account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Notice to the user of Byrna products or Services will be sent electronically to the email address you use or used for your order or Byrna account, and will include (i) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (ii) a description in reasonable detail of the nature or basis of the Dispute, and (iii) the specific relief that we are seeking. If the Parties cannot agree how to resolve a Dispute within thirty (30) days after the date notice is received by the applicable party, then either one of them may commence an arbitration proceeding as specified herein or, to the extent specifically permitted herein, file a claim in court.
Limitation Period, Venue, Governing Rules
Except for actions in small claims court or seeking injunctive or other equitable relief for the alleged unlawful use of intellectual property, the Parties agree that any Dispute must be commenced or filed within ONE YEAR of the date the Dispute arose or the claim is permanently barred. The parties further agree (a) that any arbitration will occur in the State of Massachusetts in the County of Middlesex or in the county in which you reside, (b) that the state or federal courts of the State of Massachusetts and the United States, respectively, sitting in the State of Massachusetts, Middlesex County, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award, and (c) that any Dispute arbitrated hereunder shall be arbitrated on a confidential basis by a single arbitrator in accordance with the rules of the American Arbitration Association (“AAA”), which are available on the AAA website and hereby incorporated by reference. By purchasing any product from or otherwise using this site you either (a) acknowledge and agree that you have read and understand the rules of AAA, or (b) waive your opportunity to read the rules of AAA and any claim that the rules of AAA are unfair or should not apply for any reason.
Exclusivity of and Limits on Arbitrator’s Scope of Authority
Subject to the limits set forth herein with respect to representative actions, damages and otherwise, and subject to any limits set forth in the FAA or in local arbitration rules of the AAA, the arbitrator of any Dispute will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding such Dispute, including deciding its arbitrability, and (b) the authority to grant any remedy that would otherwise be available; provided, however, that no arbitrator of a Dispute shall have the authority to conduct a class arbitration or a representative action or to join the arbitration between the Parties with any other action or arbitration. Arbitrators of any and all disputes hereunder have limited authority only to conduct individual proceedings and may not consolidate more than one individual’s claims, resolve any type of class or representative proceeding, or preside over any proceeding involving more than one individual. Notwithstanding any other provision of this Section, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained in this Section, are to be decided only by a court of competent jurisdiction, and not by the arbitrator.
If any part of these provisions for Dispute resolution is deemed invalid or unenforceable, such part shall be interpreted as narrowly as may be permitted by law, and all other terms, clauses and provisions of this section will remain valid and enforceable. Further, the waivers set forth in this section are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section by writing to: Byrna, 107 Audubon Road, Building 2 Suite 201, Wakefield MA. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration.
GOVERNING LAW AND VENUE
These Terms of Service and any other agreements between the Parties related to Byrna's products shall be governed by and construed in accordance with the laws of Delaware (exclusive of its choice of law provisions). By using this Service and/or purchasing products on this site the Parties irrevocably agree that any Dispute not subject to arbitration or which cannot be heard in small claims court, shall be resolved on an individual basis exclusively in the U.S. District Court for Delaware or the state courts located in Delaware. You and Byrna each irrevocably consents to the personal jurisdiction of these courts and waives any and all objections to the exercise of jurisdiction by courts in Delaware and to this venue. Notwithstanding the foregoing, however, you and Byrna agree that Byrna may commence and maintain an action or proceeding seeking injunctive or other equitable relief in any court of competent jurisdiction. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the Parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Questions about the Terms of Service should be sent to us at email@example.com.
Updated May 7, 2020