Terms of Use

TERMS OF SERVICE

This website is operated by Security Devices International, Inc. d/b/a Byrna. (“SDI” or “Byrna”). Throughout the site, the terms “we”, “us” and “our” refer to SDI d/b/a Byrna. SDI offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.  SDI 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, and SDI makes no representation or warranty that the site or any part of the is appropriate or available for use in any jurisdiction besides the United States. It is your responsibility to ascertain and obey all applicable international, federal, state, county and other local laws and regulations (including minimum age requirements) in regard to the purchase, possession, use and/or sale of any product or service purchased from our store.

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 the 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.

COPYRIGHT
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 SDI 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 SDI and protected by U.S. and international copyright laws. All software used on this site is the property of SDI or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS
Security Devices International, SDI™, Byrna™, their respective logos, and other marks indicated on our site are registered or common law trademarks of SDI or its subsidiaries, in the United States and other countries.  SDI and/or Byrna™  graphics, packaging, logos, renderings, page headers, button icons, scripts, and service names are trademarks or trade dress of SDI and/or Byrna or its subsidiaries. These trademarks and trade dress may not be used in connection with any product or service that is not manufactured for or by SDI/Byrna  for sale by SDI and/or Byrna in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SDI and/or Byrna. All other trademarks not owned by SDI and/or Byrna or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SDI and/or Byrna or its subsidiaries.

PATENTS
One or more patents apply to the products and services accessible via these Websites. Products of SDI and/or Byrna are protected by one or more patents including without limitation: US Patent Nos. 7,861,657, 8,061,276, 8,111,498, 8,336,462, 8,342,098, 9,958,242 and 14/552,830 and all corresponding foreign counterparts. Other US and foreign patents and patents still pending may apply. All rights reserved.

LICENSE AND SITE ACCESS
SDI grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of SDI. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SDI. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SDI and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing the SDI or Byrna name or trademarks without the express written consent of SDI. Any unauthorized use terminates the permission or license granted by SDI. You must obtain express written permission from SDI and/or Byrna before you create a hyperlink to any page of Byrna.com and maintain the link in a way that does not portray SDI, Byrna, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any SDI or Byrna logo or other proprietary graphic or trademark as part of the link without express written permission.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

ONLINE STORE TERMS

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.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material 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. Any reliance on the material on this site is at your own risk. In particular it is your responsibility to determine the legality of your ownership or use of any products or services purchased on this site.  For a general sense of the types of laws and regulations impacting on the types of products sold here, please see Legal.  This information is provided as a courtesy to assist you in your purchase decision by identifying the kinds of laws and regulations that may exist but it is not intended to be exhaustive.  It is your responsibility to check the laws and regulations where you intend to ship, store, and use our products. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site and  applicable laws relevant to your purchase of our products or services and ownership and use of products purchased on our site.

PRICING AND AVAILABILITY OF SERVICES

Prices for our products are subject to change without notice. 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.

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 Return Policy.

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.

We reserve the right, but are not obligated, to limit the sales or shipping of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

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 info@byrna.com. 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.

Pricing and Availability

All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice. 

All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products, and to substitute Products without prior notice. Where an Order is placed for projectiles whose content is prohibited or restricted for shipment to or possession at the address provided, a projectile will be substituted that is permissible and if, applicable, a charge or credit posted to 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 to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household 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 distributors.

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.

ACCOUNTS

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.

ELECTRONIC COMMUNICATIONS
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.

OPTIONAL TOOLS

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.

THIRD-PARTY LINKS

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

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

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.

PROHIBITED USES

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.

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 Security Devices International d/b/a 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, SDI 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 Security Devices International, Inc. 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 SDI.

Security Devices International Inc. 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 SDI 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 Security Devices International d/b/a 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 Security Devices International Inc. d/b/a 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.

SEVERABILITY

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.

TERMINATION

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).

ENTIRE AGREEMENT

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 SDI.

Binding Arbitration

Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either you or SDI (the”Parties”) seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property the Parties hereby agree to waive (i) your 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) your respective rights to a jury trial. The Parties further agree to arbitrate any and all Disputes 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 an 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 SDI 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 SDI 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 SDI products or Services will be sent electronically to the email address you use or used for your order or SDI 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 the Dispute within thirty (30) days after the date notice is received by the applicable party, then either one of them maycommence an arbitration proceeding as specified herein or, to the extent specifically provided for herein, file a claim in court.

Process
 
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 that (a) any arbitration will occur in the State of Massachusetts in the County of Middlesex or in the county in which you reside, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the American Arbitration Association (“AAA”), which are hereby incorporated by reference, and (c) 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. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.

Authority of Arbitrator


As limited by the FAA, these Terms and the applicable AAA rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action or to join the arbitration between the Parties with any other action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over 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.

Rules of AAA

The rules of AAA and additional information about AAA are available on the AAA website. By agreeing to be bound by these Terms, 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.

Severability


If any term, clause or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section will remain valid and enforceable. Further, the waivers set forth in Section are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.

Opt-Out Right

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: Security Devices International, 107 Audubon Road, 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 separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Delaware  (exclusive of its choice of law provisions) where SDI is incorporated. By using this Service and/or purchasing products on this site you and SDI irrevocably agree that any dispute between the parties that is not subject to arbitration or 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 SDI 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 SDI agree that SDI 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.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@byrna.com.

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