Terms of Use

IMPORTANT DISPUTE NOTICE

These Terms contain a binding individual arbitration provision and class action waiver. Please review Section 15 (Dispute Resolution) carefully. You may opt out of arbitration within 30 days as described in that section.

1Agreement and Scope

These Terms of Use (the 'Terms') are an agreement between you and Nefense Professional Corporation ('Nefense,' 'we,' 'us,' or 'our'). They govern your access to and use of nefense.com, your account, and purchases made directly from Nefense through the site. By creating an account, placing an order, or otherwise affirmatively accepting these Terms, you agree to them. The commercial policies that apply to a transaction - including the Shipping Policy, Returns and Refunds Policy, Limited Warranty, Subscription and Auto-Renewal Terms when applicable, and Reviews and User Content Policy when you submit content - also govern their respective subjects. If a transaction-specific commercial policy is more specific than these Terms, that policy controls on that subject. The Privacy Policy, Cookie and Tracking Notice, and Consumer Health Data Privacy Notice describe our data practices and legal obligations. They are not incorporated into these Terms as contractual warranties except to the extent applicable law provides otherwise.

2Eligibility and Accounts

You must have legal capacity to enter into a binding contract to create an account or purchase from Nefense. You are responsible for accurate account information, maintaining the confidentiality of authentication credentials, and activity conducted through your account. Notify us promptly if you suspect unauthorized access. We may suspend or restrict an account when reasonably necessary to address fraud, payment abuse, security risk, unlawful activity, repeated policy violations, or a legal requirement. Suspension does not eliminate rights that arose from a completed purchase or a refund already owed.

3Product Information

We make reasonable efforts to present product descriptions, images, prices, dimensions, ingredients, and availability accurately. Displays can vary by device, packaging can change, and minor nonmaterial differences may occur. Product labels, instructions, and legally required warnings provided with a product control over generalized website content when they differ. Content on the site is general product and educational information. See the Product Information and Safety Disclaimer for important limitations and safe-use information.

4Orders, Acceptance, and Availability

An order is an offer to purchase. We may accept an order by sending an acceptance or fulfillment confirmation, charging the order as part of fulfillment, or shipping the product, depending on the transaction flow. We may reject or cancel an order before acceptance when a product is unavailable, the order cannot be fulfilled lawfully or safely, fraud or payment abuse is suspected, an obvious pricing or description error occurred, or another legitimate business reason prevents fulfillment. If we cancel an order after payment has been collected, we will refund the amount paid for the canceled item. We will not substitute a materially different product or charge a higher corrected price without your authorization.

5Prices, Taxes, Promotions, and Payment

Prices are stated in U.S. dollars unless otherwise shown. Applicable shipping charges, taxes, discounts, and the order total are displayed before you submit payment. Promotions may have eligibility requirements, expiration dates, product exclusions, quantity limits, or one-use restrictions disclosed with the promotion. You represent that you are authorized to use the payment method submitted. Payments are processed by third-party payment providers. We may use fraud-prevention tools and may decline a transaction that cannot be reasonably verified.

6Shipping, Returns, Refunds, and Warranty

Shipping destinations, processing estimates, delivery issues, and missing packages are governed by the Shipping Policy. Return eligibility and refund procedures are governed by the Returns and Refunds Policy. Product warranty coverage is governed by the Limited Warranty. Those policies are incorporated into these Terms for purchases to which they apply.

7Subscriptions and Recurring Orders

If you enroll in an auto-ship or recurring plan, the Subscription and Auto-Renewal Terms and the disclosures shown at enrollment govern recurring charges, renewal, cancellation, and plan changes. A recurring plan continues until canceled or otherwise ended according to those terms.

8Reviews and Other User Content

If you submit a review, image, question, or other user content, you are responsible for the truthfulness and legality of that content and for having the rights necessary to submit it. The Reviews and User Content Policy governs moderation, review integrity, incentives, disclosures, and the license granted to Nefense for submitted content.

9Acceptable Use

You may not use the site to:

• violate law or another person's rights;
• gain or attempt to gain unauthorized access to an account, system, or data;
• interfere with security, availability, checkout, rate limits, or other users' access;
• introduce malware or use automated tools in a manner that materially burdens the site or circumvents technical controls;
• scrape or reproduce site content for commercial resale, competitive cataloging, or model training without written permission, except to the extent prohibited by law from restricting such activity;
• impersonate another person or misrepresent affiliation with Nefense;
• use stolen, unauthorized, or fraudulent payment methods; or
• abuse promotions, refunds, chargebacks, accounts, or review systems.

10Intellectual Property

The site and its text, graphics, photographs, video, software, layout, brand identifiers, and other content are owned by or licensed to Nefense and protected by intellectual-property law. Subject to these Terms, Nefense grants you a limited, revocable, nonexclusive, nontransferable right to use the site for personal, lawful shopping and account purposes. No ownership interest is transferred to you.

11Third-Party Services and Links

The site may use or link to third-party services such as payment processors, carriers, social platforms, or external websites. Nefense is responsible for its own obligations but does not control a third party's separate website, terms, privacy practices, or independent acts. A link does not by itself constitute endorsement.

12Website Availability and Changes

We may maintain, modify, suspend, or discontinue site features and may change product availability. We do not guarantee that the website will operate without interruption or error. If a technical failure causes a duplicate charge or prevents us from fulfilling a paid order, we will correct the transaction as required by these Terms and applicable law.

13Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT FOR EXPRESS WARRANTIES OR REMEDIES PROVIDED IN THESE TERMS, AN APPLICABLE POLICY, OR BY LAW, THE WEBSITE IS PROVIDED 'AS IS' AND 'AS AVAILABLE.' NEFENSE DISCLAIMS IMPLIED WARRANTIES RELATING TO THE WEBSITE ITSELF, INCLUDING IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT THOSE WARRANTIES MAY LAWFULLY BE DISCLAIMED. NOTHING IN THIS SECTION DISCLAIMS OR LIMITS A WRITTEN PRODUCT WARRANTY, A NON-WAIVABLE IMPLIED WARRANTY, A RIGHT UNDER APPLICABLE CONSUMER LAW, OR A REMEDY EXPRESSLY PROVIDED IN OUR SHIPPING, RETURNS, REFUNDS, SUBSCRIPTION, OR WARRANTY POLICIES.

14Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS OR REVENUE, ARISING FROM USE OF THE WEBSITE OR A TRANSACTION, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEFENSE'S AGGREGATE LIABILITY FOR A CLAIM ARISING FROM THE WEBSITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO NEFENSE FOR THE TRANSACTION GIVING RISE TO THE CLAIM OR DURING THE 12 MONTHS BEFORE THE EVENT, AS APPLICABLE, OR (B) $100. THESE LIMITS DO NOT APPLY TO FRAUD OR WILLFUL MISCONDUCT, PERSONAL INJURY OR PROPERTY DAMAGE TO THE EXTENT LIABILITY CANNOT LAWFULLY BE LIMITED, PRODUCT-LIABILITY OBLIGATIONS THAT CANNOT BE LIMITED, AN OBLIGATION TO REFUND MONEY FOR AN UNFULFILLED ORDER, OR ANY OTHER LIABILITY THAT APPLICABLE LAW DOES NOT ALLOW TO BE EXCLUDED OR LIMITED. Some states do not permit certain exclusions or limitations, so portions of this section may not apply to you.

15Dispute Resolution; Individual Arbitration

15.1 Informal Notice. Before starting arbitration or litigation, either party should send the other a written Notice of Dispute describing the claimant, the relevant transaction or facts, the legal or factual basis of the dispute, and the relief requested. Notices to Nefense may be sent to the Legal Notices address in Section 18 or to support@nefense.com with the subject line 'Notice of Dispute.' The parties will attempt in good faith to resolve the matter for 60 days. A limitations period will be tolled during that 60-day period to the extent permitted by law. 15.2 Arbitration Agreement. Except for the matters excluded below, you and Nefense agree that disputes arising out of or relating to these Terms, the site, an account, a purchase, a product, or the parties' relationship will be resolved by binding individual arbitration administered by the American Arbitration Association under its then-current Consumer Arbitration Rules. The Federal Arbitration Act governs this arbitration agreement. The arbitrator may award the same individual relief that a court could award where permitted by law. 15.3 Exceptions. Either party may bring an individual claim in small claims court if it remains within that court's jurisdiction. Either party may seek temporary or injunctive relief in court to prevent actual or threatened misuse of intellectual property, unauthorized system access, or unlawful disclosure of confidential or personal information. Claims that applicable law expressly makes non-arbitrable, and government enforcement actions, are not subject to this arbitration agreement. A person asserting a sexual assault or sexual harassment dispute retains any election provided by federal law.

15.4 Individual Proceedings Only. To the extent permitted by law, arbitration will be conducted only on an individual basis. Neither party may seek to have an arbitrator conduct a class, collective, consolidated, or representative proceeding for claims covered by this arbitration agreement. If a court determines that this individual-proceeding restriction is unenforceable for a particular claim or remedy, that claim or remedy will proceed in court to the extent required, while arbitrable matters remain in arbitration where lawful. 15.5 Costs and Hearing Location. Arbitration fees will be allocated under the applicable AAA Consumer Arbitration Rules and applicable law. A consumer may request a documents-only, telephone, video, or in-person hearing as permitted by those rules. Nefense will not require an individual consumer to travel to Iowa for an arbitration hearing if the governing rules or law provide a more convenient location. 15.6 Opt-Out. You may opt out of Sections 15.2 through 15.5 by sending a written notice within 30 days after the date you first accept these Terms. The notice must include your name, the email address associated with your account or order, and a clear statement that you opt out of arbitration. Send it to support@nefense.com with the subject line 'Arbitration Opt-Out' or mail it to the Legal Notices address in Section 18. Opting out does not affect any other term or your ability to use the site or purchase products.

16Governing Law and Courts

These Terms are governed by Iowa law, without regard to conflict-of-laws principles, except that the Federal Arbitration Act governs the arbitration agreement. This choice does not deprive a consumer of a non-waivable protection provided by the law of the consumer's state of residence. For a dispute that is not subject to arbitration, the state or federal courts serving Dubuque County, Iowa will have jurisdiction, except where applicable consumer law gives you a non-waivable right to bring the claim elsewhere.

17General Terms

If a provision is unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will remain in effect. A failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; Nefense may assign them in connection with a merger, acquisition, financing, reorganization, or sale of all or substantially all relevant assets. These Terms and the incorporated transaction policies constitute the agreement on their subject matter, except for any additional written terms expressly agreed between you and Nefense.

18Notices and Contact

Formal legal notices: Nefense Professional Corporation Attention: Legal Notices 1749 Creek Wood Dr Dubuque, IA 52004 Customer service and all other inquiries: Nefense Professional Corporation 350 W 6th #151 Dubuque, IA 52004 support@nefense.com

19Changes to These Terms

We may update these Terms prospectively. The effective date at the top identifies the current version. Material changes will be presented or communicated in the manner required by applicable law. A change will not retroactively alter a dispute of which Nefense had actual notice before the change took effect.