Terms and Conditions

TERMS AND CONDITIONS

Last modified: [July 17, 2024]

 

Terms and Conditions

 

Welcome to the www.wearcommando.com website (the “Site”), which is owned and operated by commando, LLC (“commando,” “Company” or “We”).  Please review the following terms and conditions (“Terms”), which govern your use of the Site .  

  1. Acceptance of these Terms and Conditions

These terms and conditions of use (“Terms”) set forth the legally binding terms for your use of our Site or other online properties where these are posted. By accessing, browsing or otherwise using the Site in any manner, you acknowledge that you have read, understood, and agree to: (1) these Terms, (2) our Privacy Policy, and (3) any other legal notices, conditions or guidelines located within the Site. If you do not agree to any of these Terms or our Privacy Policy, please do not access or use the Site and exit now. You understand and agree that we may change these Terms or our Privacy Policy at any time and without prior notice. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. Revised terms and conditions will become effective at the time they are posted to the Site and any use of the Site after such date indicates your agreement to such revised terms and conditions.  For this reason, we encourage you to review these Terms whenever you use the Site. 

This Site is available to registered and unregistered users who are over 13 years old and who have not been suspended or removed by commando for any reason (each, a “Member”).  We reserve the right to revoke your ability to access the products and services offered on the Site for any reason at any time. including as a result of a violation of these Terms or our Privacy Policy, without notice.  If you are a minor, you must obtain the consent of your parent or legal guardian to use the Site and agree to these Terms.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.  THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMMANDO ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

  1. Privacy

Please review our Privacy Policy, which also governs your visit to the Site, to understand our practices relating to the collection and use of your personal information.

  1. Proprietary Rights

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, data compilations, and software (other than content that may be submitted by Members) (collectively, “Content”), is the sole and exclusive property of commando or its content suppliers and is protected against unauthorized use by United States and international copyright laws.

You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site.  Commando’s trademarks, service names, graphics, logos, images, content, page headers, button icons, and scripts are trade names, trademarks, services marks, or trade dress of commando in the United States and other countries.  Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by commando.

  1. Limited License and Site Access

We grant you a personal, limited, non-transferable, non-exclusive license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.

  1. Use of the Site; Prohibited Conduct

You may use the Site only for your own noncommercial personal use and in compliance with these Terms and applicable law. You are responsible for your own communications, including the transmission, uploading or posting of information to the Site and are responsible for the consequences of such communications. Any other use of the Site requires the prior written consent of commando.

You may not copy, modify, or distribute the contents of this Site without the prior written consent of commando. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site, in whole or in part.

You agree not to use the Site, and We specifically prohibit any use of the Site, for any of the following purposes:

  • Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity;
  • Posting any information which is untrue, inaccurate or not your own or for which you do not have a legal right;
  • Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any applicable law or regulation;
  • Attempting to interfere in any way with the Site, or commando’s network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system;
  • Creating a privacy or security risk to commando or any person;
  • Constituting unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
  • Posting information that is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable;
  • Engaging in conduct that, in the sole judgment of commando, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose commando  or its Member to any harm or liability of any type;
  • Violating any applicable local, state, national or international law, or any regulations having the force of law;
  • Impersonating any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Soliciting personal information from anyone;
  • Harvesting or collecting email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • Advertising or offering to sell or buy any goods or Site for any business purpose;
  • Furthering or promoting any criminal activity or enterprise or provide instructional information about illegal activities;
  • Obtaining or attempting to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Site; or
  • Using the Site to drop ship merchandise to third parties.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without the prior written consent of commando.

  1. Registration and Passwords

In order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Site under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.

  1. Text Messaging

If you elect to receive marketing and support text messages from us, either via the Site or by sending a text message to us indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional and support text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. These may include abandoned cart messages. Message frequency varies. This service is optional, and your consent is not a condition for purchase. You can opt out of receiving any further Text Messages from this service at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us or email us at info@wearcommando.com.

In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any Text Messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit Text Messages, you may not receive the Text Messages. Neither we nor your wireless carrier (such as T-Mobile) will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis.

Data obtained from you in connection with any Text Message services may include your mobile phone number, your provider’s name, and the date, time and content of your Text Messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please review our Privacy Policy.

  1. Additional Terms and Conditions

You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to commando’s shipping and return policies, and the customer loyalty program, (“Additional Terms”), which are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.

  1. Fraud Protection

As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

  1. Transactions

If you wish to purchase any product or service made available through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant to commando the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain specifications and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. commando reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.

You agree that by placing an order on the Site, you are entering into a binding contract with commando and agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

  1. The Subscription Contract Between You And Us

We offer various subscription types, including re-billable monthly subscriptions (“Monthly Subscriptions”) and prepaid gift subscriptions of three, six or twelve months (“Gift Subscriptions”).

  • AUTOMATIC RENEWAL TERMS

For commando subscriptions subject to automatic renewal, you agree that commando may submit periodic charges (e.g., monthly) to your chosen payment method without further authorization from you, until you provide prior notice that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before commando reasonably could act.

  • MONTHLY SUBSCRIPTIONS

By purchasing a Monthly Subscription, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by commando after the expiration date of your payment card.

  • AUTOMATIC MONTHLY RENEWAL TERMS

Your subscription will be automatically renewed for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate until you cancel your Monthly Subscription renewal.

  • CANCELLATION POLICY FOR MONTHLY SUBSCRIPTION RENEWALS

To cancel your Monthly Subscription at any time, you may (i) logon to your account and follow the cancellation procedures there or (ii) send us a message at info@wearcommando.com and we will do it for you. If you cancel, you may use your subscription until the end of your then-current subscription term.

  • GIFT SUBSCRIPTIONS

For Gift Subscriptions, the subscription will not be renewed after the then-current term expires.

We reserve the right to revoke your subscription at any time as a result of a violation of these Terms or our Privacy Policy.

  1. Product Information; Limitation on Quantities

Excluding any content that may be submitted by Members from time to time, we strive to ensure that product information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our Site will be available.

  1. Contributed Content Guidelines

We value your engagement. When contributing content, such as product reviews, please consider the following guidelines:

  • You are solely responsible for all content that you submit to the Site.
  • By submitting or posting any materials or content on the Site, you grant commando a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images) to which you do not have the full right to grant commando the license specified above. You further represent warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. commando will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
  • All contributed content is subject to the terms and conditions set forth below which include our policy regarding copyright infringement;

We reserve the right not to post or take down your content in our sole discretion for any reason, including if it contains any of the following types of content or violates these Terms other guidelines. By way of example, and not as a limitation, you agree that when contributing content, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Use obscenities, discriminatory language, or other languages not suitable for a public forum;
  • Post advertisements, “spam” content, or references to other products, offers, or websites;
  • Post email addresses, URLs, phone numbers, physical addresses or other forms of contact information;
  • Post unduly critical or spiteful comments of other content posted on the page or its authors; or
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.

In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a content submission. Instead, contact us directly via info@wearcommando.com.

  1. Accuracy and Integrity of Information

Although commando attempts to ensure the integrity and accuracy of the Site, We make no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site and Content could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site or Content by third parties. In addition, commando does not have a duty to update the information on the Site, and will not be liable for failure to update the Site. In the event that an inaccuracy arises, please inform us so that it can be corrected. We reserve the right to unilaterally correct any inaccuracies on the Site or Content without notice. Information contained on the Site may be changed or updated without notice. Additionally, commando shall have no responsibility or liability for information or Content posted to the Site from any non-commando affiliated third party or Member.

  1. General Disclaimers

You assume all responsibility and risk with respect to your use of the Site. Links to third party websites on the Site do not constitute or imply an endorsement, sponsorship, or recommendation by commando of the third party, the third party website, or the information contained therein.  We are neither responsible for the availability of any such websites, nor responsible for or liable for any such website or the content thereon.  If you use the links to third party websites, you will leave the Site, and will be subject to the terms and conditions and privacy policy applicable to those websites.

THE SITE AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, COMMANDO DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

  1. Disclaimer – No Professional Advice

Any information provided by us regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Site. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.

  1. Taxes

Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax are based on the shipping address and any applicable sales tax(es) rate in effect at the time you purchase the product. We will charge tax only in states where goods sold over the internet are taxable.

  1. Indemnification

You agree to indemnify, hold harmless, and defend commando and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your illegal use of the Site, your violation of these Terms or our Privacy Policy, defamatory or infringing content posted to the Site by you, or your violation of any law or the rights of a third party.

  1. Limitation of Liability

EXCEPT IN THE CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF commando, IN NO EVENT SHALL COMMANDO OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT OR TORT (NEGLIGENCE). EVEN IF COMMANDO HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. EXCEPT IN THE CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF COMMANDO, IN NO EVENT SHALL THE TOTAL LIABILITY OF COMMANDO, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN WARRANTY, CONTRACT OR TORT (NEGLIGENCE), EXCEED THE AMOUNT YOU PAID TO COMMANDO IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site.

  1. Agreement to Arbitrate

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Arbitration Agreement

This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.”  You agree that any and all disputes or claims that have arisen or may arise between you and commando, whether arising out of or relating to these Terms (including any alleged breach thereof), the Site, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and commando are each waiving the right to a trial by jury or to participate in a class action.  Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND COMMANDO AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.  UNLESS BOTH YOU AND COMMANDO AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.  ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED

Pre-Arbitration Dispute Resolution 

Commando is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at info@wearcommando.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to commando should be sent to: commando, LLC, ATTN: Ed Biggins 472 Meadowland Drive, #10, South Burlington VT 05403 USA (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought.  If commando and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or commando may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by commando or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or commando is entitled.

Arbitration Procedures 

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement.  For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration.  If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would.  All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless commando and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances.  If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, commando agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, commando will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, commando will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, commando will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules. 

Confidentiality of Arbitration  

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties. 

Severability of Arbitration Clause

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified.  If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief.  The remainder of these Terms will continue to apply.

Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms to the contrary, commando agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Site, you may reject any such change by sending commando written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms). 

This Arbitration Agreement will survive the termination of your relationship with commando.

  1. International Use

We control and operate the Site from the United States.  If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

  1. Risk of Loss

Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

  1. Copyright Infringement; Notice and Take Down Procedures

We specifically prohibit the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. commando will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to the following address:

DMCA Agent
commando, LLC
472 Meadowland Drive Suite 10
South Burlington, VT  05403
Telephone: 802-657-4004

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

  • Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms.

  1. Waiver; Remedies

The failure of commando to partially or fully exercise any rights or the waiver of commando of any breach of these Terms by you shall not prevent a subsequent exercise of such right by commando or be deemed a waiver by commando of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of commando under these Terms and any other applicable agreement between you and commando shall be cumulative, and the exercise of any such right or remedy shall not limit commando’s right to exercise any other right or remedy.

  1. Governing Law, Jurisdiction and Disputes
  2. This Agreement is governed by the laws of the State of Vermont without regard to its conflicts of law provisions, the state and federal courts of which have sole and exclusive jurisdiction to resolve any actions or claims arising out of or in connection with your use of the Site, your breach of this Agreement and/or arising from any breach of your representations and warranties set forth in this Agreement.  You submit to the jurisdiction of such courts for such purpose and agree not to contest venue as appropriate in Vermont.  Questions or Comments

To ask questions or comment about these Terms and Conditions or our Privacy Policy, or other concerns, please contact us by email at info@wearcommando.com or by calling 802-657-4004.       

commando, LLC

472 Meadowland Drive Suite 10

South Burlington, VT  05403

Telephone: 802-657-4004