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Terms and Conditions

 

By visiting brickhouseoptics.com or by ordering any product(s), or requesting any services from brickhouseoptics.com, you (the purchaser or viewer), or the designated representative for the purchaser, acknowledge that you have read and accept the terms of use outlined herein (as well as any other terms or policies posted on brickhouseoptics.com). These terms pertain to you (the purchaser or viewer), or your representative, and BRICK HOUSE OPTICS LLC. (“Brick House Optics”, “we”, “us”, or “our”). By ordering from BRICK HOUSE OPTICS LLC, you are certifying that you are at least 18 years of age, and that you are a U.S. citizen. We will not sell any products to anyone who is not a U.S. citizen or to anyone who resides outside of the United States. The Terms and Conditions, Privacy Policy, and Cookie Policy represent the sole and exclusive agreement between you and BRICK HOUSE OPTICS LLC, as it pertains to our website. This agreement overrides any other verbal or written warranty, agreement, understanding or representation concerning brickhouseoptics.com.

 

1.  Your Account Security

BRICK HOUSE OPTICS LLC will not be responsible for any losses or damages that you incur resulting from any unauthorized use or access of your account on brickhouseoptics.com. You understand that it is solely your responsibility to protect, maintain and secure your account information on our site, including but not limited to, your account password, username and payment information. You understand that it is your responsibility to keep your account information confidential and secure. You also understand and agree that BRICK HOUSE OPTICS LLC will not be liable for any losses and/or damages that may arise as a result of you sharing access to either your account or device, or any losses or damages that you may incur as a result of the loss of your device. We reserve the right to restrict or terminate an account at any time, for any reason, and at our sole discretion.

 

2.  Expected Site Conduct

When utilizing brickhouseoptics.com you agree to not use our site for any unlawful purposes, nor encourage others to do so on your behalf. You further agree to not remove, corrupt, destroy, or interfere in any way with any data, content, material or personal information on our site, whether such data, content, material or personal information is supplied by BRICK HOUSE OPTICS LLC, its customers, or other users of the site. You agree to not inhibit another’s use of our site or to collect personal data or information about the users of brickhouseoptics.com. You agree to not remove or download any pictures, display images, audio, videos, or descriptive text, as well as any trademarked logos, or copyright information without our written permission. You also agree to not try to reproduce any creative designs, arrangements, or protected site content without our written permission.

 

3.  ITAR and EAR Compliance

The product(s) listed on this site, or order form, may fall under certain U.S. Government regulatory requirements or restrictions. These restrictions/ regulations pertain to the possession, sale, transfer and/or export of said product(s) and may be referenced as defense articles or services. A list of the regulated defense articles or services can be found on the U.S. Munitions List at https://www.ecfr.gov/current/title-22/chapter-I/subchapter-M/part-121 . This list is subject to change at any time without notice. The jurisdiction for the regulatory control of these items, may fall to one or more regulatory departments in the U.S. Government. Those departments include the Department of State’s International Traffic in Arms Regulations (ITAR), and/or the Department of Commerce’s Export Administration Regulations (EAR). “Items ‘‘subject to the EAR’’ are those items listed on the Commerce Control List in part 774 of the EAR and all other items that meet the definition of that term in accordance with §734.3 of the EAR. The EAR is found at 15 CFR parts 730 through 774.” [78 FR 22755, Apr. 16, 2013]. The dept. of commerce website concerning (EAR) can be found at https://www.bis.doc.gov/index.php/regulations/export-administration-regulations-ear

 

By ordering any product(s) from BRICK HOUSE OPTICS LLC, you (the purchaser), or the designated representative for the purchaser, acknowledge that you have reviewed and understand all regulatory requirements pertaining to the purchase, possession and transfer of such product(s) and certify that neither you (the purchaser) nor your representative will act outside of those legally defined parameters set forth in ITAR, EAR or any other appropriate regulatory statute.

 

In accordance with these regulations, you (the purchaser) further acknowledge that it is UNLAWFUL for you or any elected representative acting on your behalf, without proper licensing, approval and documentation from the U.S. Government, to export, sell, ship, reexport, transfer, or attempt to take any ITAR or EAR regulated product(s), articles or services out of the United States, or to sell said regulated articles or services to a foreign person*, whether such sale occurs in the United States, or abroad.

 

* By ordering any product(s) from BRICK HOUSE OPTICS LLC, you (the purchaser), or the designated representative for the purchaser, acknowledge that in accordance with ITAR § 120.16 a foreign person is designated as “...any natural person who is not a lawful permanent resident as defined by 8 U.S.C. 1101(a)(20) or who is not a protected individual as defined by 8 U.S.C. 1324b(a)(3). It also means any foreign corporation, business association, partnership, trust, society or any other entity or group that is not incorporated or organized to do business in the United States, as well as international organizations, foreign governments and any agency or subdivision of foreign governments (e.g., diplomatic missions).” [71 FR 20537, Apr. 21, 2006]

 

By ordering any product(s) from BRICK HOUSE OPTICS LLC, you (the purchaser), or the designated representative for the purchaser, acknowledge that in accordance with ITAR § 120.14 a person “...means a natural person as well as a corporation, business association, partnership, society, trust, or any other entity, organization or group, including governmental entities. If a provision in this subchapter does not refer exclusively to a foreign person (§120.16) or U.S. person (§120.15), then it refers to both.” Also in accordance with ITAR § 120.15 a U.S. person “...means a person (as defined in §120.14 of this part) who is a lawful permanent resident as defined by 8 U.S.C. 1101(a)(20) or who is a protected individual as defined by 8 U.S.C. 1324b(a)(3). It also means any corporation, business association, partnership, society, trust, or any other entity, organization or group that is incorporated to do business in the United States. It also includes any governmental (federal, state or local) entity. It does not include any foreign person as defined in §120.16 of this part.” [71 FR 20537, Apr. 21, 2006]

 

By ordering any product(s) from BRICK HOUSE OPTICS LLC, you (the purchaser), or the designated representative for the purchaser, acknowledge that you are a U.S. Person as defined by ITAR 120.15, and are responsible for complying with U.S. export control laws and regulations, and if you violate such laws those actions may result in serious civil and criminal penalties.

 

4.  Order and Payment Terms

By utilizing brickhouseoptics.com you are certifying that any and all information that you, or anyone acting on your behalf provide, both on and through the site, is accurate and complete. You also certify any billing information you provide to us is accurate and complete. You understand and agree that we will not be held liable for any damages you may incur due to any inaccurate information you provide, or that is provided by anyone acting on your behalf. If you place an order for 3rd party product(s) through brickhouseoptics.com, you authorize us to share and utilize any necessary personal, billing or payment information with the necessary 3rd party site to complete your order. You understand and agree that you are responsible for reading and understanding any Terms and Conditions, or the associated Privacy Policy information utilized by these 3rd party sites. It is your responsibility to understand how these sites use your information. You understand and agree that BRICK HOUSE OPTICS LLC will not be held liable for the security of your information on our website or on any 3rd party sites, nor will we be held responsible or liable if at any time during the process of your order, your information becomes compromised or is inaccurately transcribed.

 

You further certify that you are authorized to provide and use the payment method you have selected for the purchase of any products or services offered by brickhouseoptics.com. When such payment information is provided to us for the use of a purchase, you authorize us to use said payment method for the purchase of the product(s) or services listed on your order on brickhouseoptics.com. When you confirm your purchase you are subsequently agreeing to pay for the product(s) and/or services in your order, but also all applicable taxes, and shipping and handling charges. BRICK HOUSE OPTICS LLC also reserves the right to make up to two attempts to retrieve a payment with a single payment method, before canceling your order for nonpayment. BRICK HOUSE OPTICS LLC will not be liable for any fees, penalties, or overdraft charges incurred due to a failure of a payment to process correctly. You understand that BRICK HOUSE OPTICS LLC is not responsible if your utilized payment method is unavailable or unresponsive. In the event that your payment method is unresponsive or denies the charge, BRICK HOUSE OPTICS LLC reserves the right to cancel said order, and in doing so, we reserve the right to make any products or services in the order immediately available to other customers.

 

Product availability is subject to change based on market, manufacturer and demand changes. When you place an order, you will receive an order confirmation. This confirmation is not a guarantee of product availability or that the order can be fulfilled. Product availability is not completely determined until after an order is placed. We make no guarantee, express or implied, that when an order confirmation is issued, that a product will still be available to you. An order may still be canceled at the sole discretion of BRICK HOUSE OPTICS LLC, even if an order confirmation has been issued.

 

We reserve the right to request verification or additional information from you prior to the completion of any purchase(s). We reserve the right to adjust, cancel, or refuse an order for any reason and at our sole discretion, this includes but is not limited to situations where there exists limited product quantities, or inaccurate website product descriptions or inaccurate pricing information. We reserve the right to limit or restrict the quantity of item(s) purchased, for any reason, at our sole discretion, and without warning. If an order does have to be adjusted for any reason, we will make an attempt to contact you as soon as we are made aware that an adjustment or change is needed to your order. Any inaccurate or incomplete information provided to BRICK HOUSE OPTICS LLC, or in your account on brickhouseoptics.com, may result in the cancellation of your order, and/or the possible restriction or termination of your account. In the event that an order is canceled, any amount charged to your card will be refunded to you in the amount of your original purchase. Any money received by BRICK HOUSE OPTICS LLC will be returned to the original payment method within 7 to 10 business days based upon end of business on the date of the order cancellation.

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5.  Product Pricing Disclaimers

BRICK HOUSE OPTICS LLC reserves the right to offer adjusted pricing or discounted pricing, at any time and at our sole discretion, where such adjustments do not violate any previous agreements made between BRICK HOUSE OPTICS LLC and 3rd party suppliers. We reserve the right to adjust, cancel, or refuse an order for any reason and at our sole discretion; this includes but is not limited to situations where there exist limited product quantities, or inaccurate website product descriptions, or inaccurate pricing information.

 

6.  Product Attribute Disclaimers

The products listed on brickhouseoptics.com may change at any given time and without notice. You understand and agree that product attributes are also subject to change without notice. This means that product attributes available at one point in time, may not be available at a later point in time. You also understand that the product attributes you see through your device or monitor, may appear different than the actual product. BRICK HOUSE OPTICS LLC will not guarantee that your interpretation, or device or monitor representation, of any color will constitute an accurate representation of the actual color or finish of the product. BRICK HOUSE OPTICS LLC makes no guarantee as to the reliability, accuracy or validity of a product’s description, illustration, conveyed information, or exact physical characteristics. In addition, BRICK HOUSE OPTICS LLC makes no guarantee, either express or implied, to the product data listed on our site (this includes but is not limited to product measurement and weight characteristics). You understand that any product measurement or data listed is based on approximate values, and these values may differ between products of the same kind.

 

7.  Returns and Refunds

We want you to have confidence in the items your purchase from us. To better ensure understanding, and proper utilization of whatever product you buy from us, we advise any purchases you make to be done only after careful research. Please reach out to us if you have any questions about our products or services. We want to make sure you are completely satisfied with whatever you purchase from us. In the event that you wish to return a product, BRICK HOUSE OPTICS LLC provides a 10 day return window from the date of delivery of the product. The return of any product to BRICK HOUSE OPTICS LLC is subject to the following stipulations:

 

  • You must contact us within 10 days from the date of delivery of the product if you wish to return it. You may contact us at brickhouseoptics@gmail.com

  • We will not accept any return shipments without a Return Material Authorization (RMA). You must contact us and we must approve your return before an RMA is issued.

  • Before your return is accepted and a RMA is issued, you may be required to provide an invoice number for your order, and the serial number on the product so it can be matched with the number we have on file, and those numbers must match. We have two separate individuals check that the serial numbers on our products are entered correctly in our records before the product is shipped. Any discrepancies in these numbers may result in the denial of your return and thus your refund.

  • We may also request photo documentation of the product, its packaging, its condition, or any damages before accepting your return request. A failure to provide this documentation may result in the denial of your return and thus your refund.

  • All products returned are subject to a 20% restocking fee. This fee covers expenses that may be associated with the shipping, handling, inspection, cleaning and recalibration of any night vision equipment. This fee may also cover the shipping handling, inspection, cleaning, and repackaging of any other returned product. It may cover our time associated with processing your return with any 3rd party dealer. It may also cover the time we have invested in either making or providing the product.

  • If you send back any product that has been damaged or altered in any way, tampered with in a way that would void a factory warranty, or does not appear as new, then your refund may be denied.

  • We require that all products be returned to us with all original material (including all pamphlets), all included packaging and any accessories that may have been provided with the product. If we do not receive your returned products with these items, your refund may be denied or adjusted to account for what is missing.

  • We WILL NOT pay for the return shipping of a product you choose to return.

  • If we inspect your returned product and determine that you are not eligible for a refund, due to damages you have caused, or for any other reason in accordance with this policy, your product may be returned to you in the state we received it, but you will pay for any shipping charges incurred to accomplish that return.

  • The right to deny or adjust a refund in accordance with our return policy will be made at our sole discretion and on a case by case basis. It is at the sole discretion of BRICK HOUSE OPTICS LLC to deny any returns that fall outside of our return policy.

  • UNOPENED PRODUCTS: If you return a product within 10 days of delivery, that is unopened, still in its original shipped packing, and in the original condition under which it was shipped, then we offer a refund of your full purchase amount minus a 20% restocking fee, and any shipping and handling charges that we incurred in shipping the product to you, if free shipping was applicable to your order. We WILL NOT pay for the return shipping of the product. If the product becomes damaged through shipping, we will not take possession of the product and we reserve the right to deny your refund.

  • OPENED PRODUCTS: If you return a product within 10 days of delivery, that has been opened, then we will refund to you your original purchase amount minus a 20% restocking fee, and any shipping and handling charges that we incurred in shipping the product to you, if free shipping was applicable to your order. We WILL NOT pay for the return shipping of the product. When you ship your product back to us, it will be inspected to ensure that it is still clean, undamaged and in the original condition under which it was first shipped from us to you. If you return the product you purchased from us in any condition other than the one in which it was provided, your return will either be denied or subject to adjustment based on the cost of returning the item to its original condition. The right to deny the refund or adjust it due to damage, will be made at our sole discretion and on a case by case basis. If the product becomes damaged through shipping, we will not take possession of the product and we reserve the right to deny your refund.

 

8.  Exchanges

In the event that you receive a product that is damaged or defective, we will gladly exchange it for you, provided the following stipulations mentioned below are met. We do not offer full refunds on products that have been received damaged or defective, however we will gladly replace it. If you wish to receive a refund for your product(s), it will be subject to our refund policy discussed above.

 

You will not be charged for any shipping expenses for the return of your defective product, or its replacement. We will process the exchange of your product and ship you a replacement as soon as the product is available. There are lead times on some of our products, and as material goes in and out of stock, such variables may affect our ability to issue you an expedited exchange. We will make every effort to issue you an exchange in a timely manner. Replacement time frames can be more accurately provided at such time when your Return Material Authorization (RMA) is issued.

 

For a product to qualify for an exchange, the following stipulations must be met:

  1. You must notify us within 72 hours of the delivery of your product for the product to qualify for an exchange. You can contact us at brickhouseoptics@gmail.com to start the exchange process.

  2. Before we will process your exchange, you must contact us to receive a RMA. No exchanges will be made without a RMA.

  3. You may be required to provide an invoice number for your order, and the serial number on the product so it can be matched with the number we have on file, and those numbers must match. We have two separate individuals check that the serial numbers on our products are entered correctly in our records before the product is shipped. Any discrepancies in these numbers may result in the denial of your exchange.

  4. We may also request photo documentation of the product, its packaging, its condition, or any damages before accepting your exchange request and issuing a RMA. A failure to provide this documentation may result in the denial of your exchange.

  5. You must not have in any way caused or contributed to the damage of the product. All of our night vision products are inspected and photo documented prior to shipment.

  6. The damage to the product must not be a result of shipping, handling, or delivery issues. If this is the case then the shipping or delivery carrier needs to be contacted so that a claim can be filed using the associated insurance policy for the product. If you contact us within 48 hours of accepting the damaged product, we will assist you in contacting the carrier to initiate your claim. Our assistance in this process is not a guarantee of reimbursement for your product and/or shipping expenses. You understand and agree that once an item has shipped any liability arising from loss or damage does not involve BRICK HOUSE OPTICS LLC and is between you and the shipping carrier.

  7. You must ship back the damaged product within 10 business days of the acceptance of your exchange. We must receive the return before we will send you a replacement. If you do not ship your return within the specified time frame, then your exchange may be denied.

 

9.  Cancellations

Please, take your time and ask any and all questions you may have prior to placing your order. If for any reason you wish to cancel your order, you can cancel it within 48 hrs of placing it and we will issue you a full refund. If you cancel your order after the 48 hour window, you will be subject to a 20% cancellation fee.

 

If, in the course of fulfilling your order, we find that the address you are attempting to ship to is outside the U.S., we will cancel your order, and you will be subject to the 20% cancellation fee. If, at anytime, we find that you are not a U.S. citizen, or are trying to forward your order outside of the U.S. in violation of ITAR and EAR, we will cancel your order and you will be assessed a 20% cancellation fee. In addition, your name and address will be retained permanently and you will be banned from all further purchases with us.

 

10.  Dead on Arrival (DOA) Policy

We are proud of the products that we sell at BRICK HOUSE OPTICS LLC and we hold the quality of these products to a high standard. We make every effort to ensure that our products meet our expectations in quality of material and workmanship. Every product is submitted to a quality screening before it is package and sent to the customer. However, it is a possible that an item may still arrive DOA. A product is considered DOA if it fails at its initial startup by the customer. If a product does arrive DOA, you are required to report this to us within 72 hours of the delivery of the item to your address. The following criteria must also be met in order for us to issue you an exchange of your product and accept your return:

 

  1. You contacted us within 72 hours of the delivery of your product(s)

  2. You are required to provide a receipt or purchase order that proves you purchased the product from BRICK HOUSE OPTICS LLC.

  3. You are required to provide the serial number on the product so it can be matched with the number we have on file, and those numbers must match. We have two separate individuals check that the serial numbers on our products are entered correctly in our records before the product is shipped. We also retain photo record of the item before it was shipped.

  4. The product must not have been modified or disassembled in any way that would void the factory warranty provided with the product.

  5. A Return Material Authorization (RMA) must be submitted to us before we will accept your return. The RMA will be submitted once we have determined the DOA of your product. No return shipments will be accepted without a RMA.

 

Once you have submitted a RMA, we will process the exchange of your product and ship you a replacement as soon as the product is available. There are lead times on some of our products, and as material goes in and out of stock, such variables may affect our ability to issue you an expedited exchange. We will make every effort to issue you an exchange in a timely manner. Replacement time frames can be more accurately provided at such time when your RMA is issued.

 

You understand that the DOA process offered by BRICK HOUSE OPTICS LLC is not the same as any other warranties that may be provided. Each DOA incident will be handled on a case by case basis. We will act in good faith, and make every reasonable effort to correct your receipt of a DOA product in accordance with the above criteria. It is at the sole discretion of BRICK HOUSE OPTICS LLC to issue or deny any refunds that arise from situations that fall outside our terms or policies. For items that arrive DOA due to shipping, handling and delivery issues, please see our policy below on Shipping, Handling and Delivery.

 

11.  Shipping Disclosures

You understand that it is your sole responsibility to provide accurate and complete shipping information to BRICK HOUSE OPTICS LLC for the delivery of your items. You understand and agree that when an item is shipped, BRICK HOUSE OPTICS LLC is thereby released of all liability concerning the items shipping, handling and delivery as soon as possession is transferred to the shipping carrier. You understand and agree that once an item has shipped any liability arising from loss or damage does not involve BRICK HOUSE OPTICS LLC and is between you and the shipping carrier.

 

BRICK HOUSE OPTICS LLC will offer free shipping on all orders over $1000. If your order does qualify for free shipping, the shipping method used will be through standard ground shipping.

 

We ship all items fully insured. We also require that you, or someone you have authorized, be present to sign for your product(s) at the time of delivery. Any shipping time frames provided to you are estimates issued by the selected carrier. We will not be responsible for any shipping delays or difficulties that a carrier experiences.

 

It is important to note that you should not accept delivery of your product(s) from a carrier if the product packaging is damaged to such an extent that you reasonably suspect that the product inside is damaged as well. If you do accept a product that has been damaged through delivery, then the shipping or delivery carrier needs to be contacted so that a claim can be filed using the associated insurance policy for the product. If you contact us within 48 hours of accepting the damaged product, we will assist you in contacting the carrier to initiate your claim. Our assistance in this process is not a guarantee of reimbursement for your product and/or shipping expenses. You understand and agree that once an item has shipped any liability arising from loss or damage does not involve BRICK HOUSE OPTICS LLC and is between you and the shipping carrier.

 

12.  Warranties Offered

We care about customer service and customer satisfaction at BRICK HOUSE OPTICS LLC. Every effort is made to ensure that we are providing you with quality equipment, free from defect, at affordable prices. In then event that an issue arises with any of the products that you have purchased from us, please reach out to us immediately so that we can assist you, if possible, in reaching a resolution. Depending upon the product, you may have a 5 or 10 year warranty that guarantees the product to be free from manufacturing defects in material or quality of workmanship. Warranty information, if applicable, will be provided with our products when they are sold. These warranties are subject to stipulations that a product has been utilized under normal use conditions as dictated by manufacturer specifications. After we have been notified and furnished with all applicable details pertaining to the claim, BRICK HOUSE OPTICS LLC will determine whether a repair or replacement action is necessary for the particular item. Any repair or replacement decisions will be at the sole discretion of BRICK HOUSE OPTICS LLC. Any such action will constitute the fullest extent of our liability. Our decision will be the final reparation to the customer. We will act in good faith to service all products we sell.

 

13.  Warranty Information for Night Vision Goggles

Every effort is made to ensure that the product(s) we provide are free from any defects in material or workmanship. In the event that you do have an issue with any night vision goggles you have purchased from us, please reach out to us immediately at brickhouseoptics@gmail.com. After we have been notified and furnished with all applicable details pertaining to the claim, BRICK HOUSE OPTICS LLC will determine whether a repair or replacement action is necessary for the particular item. Any repair or replacement decisions will be at the sole discretion of BRICK HOUSE OPTICS LLC. Any such action will constitute the fullest extent of our liability. Our decision will be the final reparation to the customer. We will act in good faith to service all products we sell.

 

BRICK HOUSE OPTICS LLC stands behind the night vision goggles we provide. We offer a 10 year limited warranty on all night vision goggles purchased from BRICK HOUSE OPTICS LLC. This warranty begins from the date you purchase your product and applies to all manufacturing defects in material and workmanship that may arise from the normal and appropriate use of your product. The warranty DOES NOT cover the image intensifier in your night vision goggles. Please see below for warranty information for your image intensifier tube.

 

This warranty is only applicable if your product has not been:

  1. Deconstructed or modified from its original configuration in any way.

  2. Altered or repaired by anyone other than BRICK HOUSE OPTICS LLC (this includes customer repairs or modification).

  3. Utilized in any way outside of its normal, conventional, or intended purpose.

  4. Mishandled, misused in any way, or subjected to any other operational errors. This includes utilizing our night vision goggles with other equipment that may be electrically or otherwise mechanically incompatible with our product.

  5. Stored improperly. This includes storing the night vision with the batteries still in it. This also includes a failure to maintain appropriate environmental conditions as specified by the manufacturer.

  6. Subjected to the use of rechargeable batteries.

  7. Damaged due to battery rupture.

  8. Subject to a discontinuation by the manufacturer. This includes situations where the required parts for your optic are no longer available.
     

Any shipping expenses incurred through the exercise of your warranty will be your responsibility. Once we have received your item, we will conduct an inspection to verify that our warranty covers your claim. Any violations of our warranty for the above specified reasons, will result in a denial of warranty coverage. In the event that a warranty claim is denied, your item will be returned to you at your expense. There may be an expense associated with any repairs you wish to proceed with if your warranty is denied or falls outside of the scope of our warranty terms.

 

Image intensifier tube: BRICK HOUSE OPTICS LLC does not offer a warranty for the image intensifier tube in your night vision goggles. The image intensifiers used in our night vision goggles are sold with an independent 5 or 10 year manufacturer warranty by a 3rd party. The manufacturer warranty provided for the image intensifier is dependent upon the type of image intensifier selected by the customer when purchased. CUSTOMER NOTIFICATION: If you operate your night vision goggles in excessive light conditions, or during the daylight, or expose your optic to weapon sights, or laser radiation you may damage the image intensifier tube in your optic. The image intensifier in your product is only designed to be utilized at night, with light exposure similar to what might occur on a battlefield. If you use your night vision product in a way that it was not designed to be used, and you expose your image intensifier to excessive light conditions, you may void the 3rd party manufacturer warranty provided with your image intensifier.

 

It is at the sole discretion of BRICK HOUSE OPTICS LLC to determine whether, in our opinion, any damage or warranty violations occurred due to product deconstruction, modification, alteration, improper repairs, misuse, mishandling, improper or unconventional use outside of considered normal parameters, operational errors, improper storage, or improper battery use or damage, and we will not be responsible or liable for denying a warranty claim for these reasons.

 

Any covered warranty claims for your night vision goggles will be handled by BRICK HOUSE OPTICS LLC. Excluding any manufacturer warranties provided for image intensifiers, or other 3rd party warranties provided for 3rd party products, no other warranty, express or implied, aside from this foregoing warranty, shall apply to the night vision products offered by BRICK HOUSE OPTICS LLC. In addition, the warranty offered by BRICK HOUSE OPTICS LLC is non-transferable.

 

Website Disclosures

14.  Trademark and Copyright Infringement

The information and content on our website, brickhouseoptics.com, is owned by BRICK HOUSE OPTICS LLC. This information includes, but is not limited to any pictures, creative designs and arrangements, display images, audio, videos, descriptive text, product information, as well as any trade marked logos, or copyright information. Use without permission of these features and any content contained herein may violate protected copyright and trademark laws in the United States.

 

15.  Website changes, and Posted Information

While effort is made to ensure all information posted on this website is up-to-date, no guarantee is expressly given or implied that the information on our site is fully up-to-date at any given point in time. Changes may be made to the website as needed or deemed necessary without prior notice by BRICK HOUSE OPTICS LLC, and we have no obligation to provide updated material. The materials presented on our site (including but not limited to site information, images, videos, and audio) are utilized for the purpose of providing general information, and for no other purpose. The information presented on our site is not intended to be advice that you should solely rely upon. It is up to those that view this information to verify its accuracy through the use of professionals or specialists. BRICK HOUSE OPTICS LLC, nor any employees, officers, or contractors thereof, claim to be specialists or professionals in any capacity. We offer no express or implied guarantees that the information on this site is complete or accurate, nor do we offer any warranties based on the utilization of the information presented on this site. If you do utilized and/or rely upon any of the information presented on this site, you do so at your own risk. WE WILL NOT BE HELD RESPONSIBLE OR ACCOUNTABLE FOR THE USE OR MISUSE OF THE INFORMATION PRESENTED ON THIS SITE. THUS, BRICK HOUSE OPTICS LLC DISAFFIRMS ANY LIABILITY THAT MAY ARISE FROM ANY DEPENDENCE THAT YOU, OTHERS ACTING ON YOUR BEHALF, OR OTHERS INFORMED OF SAID INFORMATION, PLACE ON THE INFORMATION, VIDEOS, AUDIO, OR IMAGES ON THIS SITE.

 

16.  Website Links and Security

Any links that are provided on brickhouseoptics.com, redirect users to a 3rd party site that is not controlled by brickhouseoptics.com. We cannot control or guarantee the accuracy, content, or security of 3rd party sites and thus will accept no responsibility if you choose to access them. These links are provided for your ease of use, or convenience, and you access them at your own risk with the understanding that you are held to the terms and conditions of the respective site. The presence of these links should not be interpreted as endorsement, or approval of the linked sites or the content contained therein. BRICK HOUSE OPTICS LLC DOES NOT ACCEPT ANY LIABILITY FROM YOUR USE OF THIRD PARTY SITES INCLUDING BUT NOT LIMITED TO ANY LOSS OR DAMAGE.

 

17.  Website Outages

You understand that from time to time, the site brickhouseoptics.com may be down for maintenance, updating, or other reasons that may be planned or unplanned. You agree that BRICK HOUSE OPTICS LLC will not be held responsible or liable for our site being unavailable, for a 3rd party site being unavailable, for any website outages caused by 3rd parties, for any data, information, or material that is lost or delayed as a result of the outages, or for any subsequent or additional costs that you may incur as a result of the outages.

 

18.  Privacy Policy and Disclosure

You understand that BRICK HOUSE OPTICS LLC may collect, store and share personally identifying information that is generated as a result of your interaction with brickhouseoptics.com. This information will be processed and utilized to fulfill your order with BRICK HOUSE OPTICS LLC and may be shared with 3rd party suppliers to facilitate purchases, returns and other customer service related inquiries on any orders that you may have placed on brickhouseoptics.com. Our Privacy Policy does not apply to any 3rd party suppliers your information is shared with, even if we have links to their sites on brickhouseoptics.com. It is your responsibility to read the privacy polices associated with any 3rd parties you have contact with as a result of your order. To read about how we collect, store, and share your information, please read our Privacy Policy here.

 

19.  Disclaimer of Warranties

THE SITE BRICKHOUSEOPTICS.COM, AND ALL CONTENT CONTAINED THEREIN, INCLUDING BUT NOT LIMITED TO, ALL OF THE MATERIALS, PRODUCTS, CONTENT, SERVICES AND/OR OTHER ITEMS, ARE OFFERED TO YOU ON AN “AS IS” BASIS. BRICK HOUSE OPTICS LLC, ITS OFFICERS, EMPLOYEES, AND/OR CONTRACTORS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE FUNCTION, CONTENT, AVAILABILITY, ACCURACY OR OPERATION OF THE SITE (BRICKHOUSEOPTICS.COM), OR THE MATERIALS, PRODUCTS, CONTENT, SERVICES, AND/OR OTHER ITEMS OFFERED OR MADE AVAILABLE TO YOU THROUGH BRICKHOUSEOPTICS.COM. WHERE ALLOWABLE BY APPLICABLE LAW, BRICK HOUSE OPTICS LLC, ITS OFFICERS, EMPLOYEES, AND CONTRACTORS, DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES FOR MERCHANDISE OFFERED ON BRICKHOUSEOPTICS.COM OR OTHERWISE, SUCH DISCLAIMED WARRANTIES INCLUDE, WHERE LEGALLY ALLOWABLE, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ABOVE LIMITATION OF LIABILITY IS NOT INTENDED TO LIMIT OR EXCLUDE ANY ACTION THAT IS PERMISSIBLE BY LAW, OR TO EXCLUDE OR LIMIT ANY EXPRESSED WARRANTY ON A PRODUCT THAT HAS ALREADY BEEN GIVEN, INCLUDING MANUFACTURE WARRANTIES PROVIDED TO YOU BY THE MANUFACTURER OF SAID PRODUCT. CERTAIN JURISDICTIONS DISALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, AND IF THIS THIS THE CASE, SOME OF THE LIMITATIONS MENTIONED ABOVE MY NOT APPLY TO YOU.

 

BY ACCESSING BRICKHOUSEOPTICS.COM YOU ACCEPT SOLE RESPONSIBILITY FOR UTILIZING ADEQUATE AND UP TO DATE ANTIVIRUS PROTECTION TO MEET YOUR SPECIFIC NEEDS, AS WELL AS ANY OTHER PROTECTIVE SOFTWARE NEEDED TO SECURE YOUR PERSONAL PROPERTY, DATA AND PERSONAL INFORMATION. BRICK HOUSE OPTICS LLC CANNOT GUARANTEE THAT THE WEBSITE ITSELF (BRICKHOUSEOPTICS.COM) OR ANY OF THE CONTENT DOWNLOADED FROM THE WEBSITE WILL BE SAFE OR FREE FROM ANY VIRUSES, CORRUPTIVE DATA OR OTHER HARMFUL CODE, AND THE USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU UNDERSTAND THAT WHEN YOU USE BRICKHOUSEOPTICS.COM, ANY INFORMATION THAT YOU MAY SEND OR RECEIVE IN CONNECTION WITH THE SITE, MAY NOT BE SECURE, THUS POTENTIALLY RESULTING IN THE UNWANTED OR UNAUTHORIZED ACCESS OF YOUR INFORMATION BY OTHER PARTIES. YOU UNDERSTAND THAT BRICK HOUSE OPTICS LLC DOES NOT ACCEPT ANY LIABILITY RESULTING FROM LOSS OR DAMAGES CAUSED BY OR RELATED YOUR USE OF THE WEBSITE AND OR ANY DOWNLOADABLE CONTENT THAT SUBSEQUENTLY EFFECTS YOUR COMPUTER, EQUIPMENT, PROGRAMS, DATA, PERSONAL INFORMATION, MATERIAL OR OTHER LINKED WEBSITES.

 

20.  Limitation of Liability

IN NO EVENT WILL BRICK HOUSE OPTICS LLC, OR ITS EMPLOYEES, OFFICERS AND CONTRACTORS THEREOF BE LIABLE FOR ANY DAMAGES WHETHER PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, DIRECT OR CONSEQUENTIAL, INCLUDING BUT NOT LIMITED TO, PAIN AND SUFFERING, LOSS OF CONSORTIUM, EMOTIONAL DISTRESS, PERSONAL INJURY, LOSS OF PROPERTY, LOSS OF BUSINESS OR SALES, LOSS OF DATA, LOSS OF GOODWILL, LIQUIDATED, LOSS OF REVENUE OR ANTICIPATED PROFITS, THAT RESULT FROM THE DIRECT OR INDIRECT USE, INABILITY TO USE, MISUSE, OR UNDESIRABLE PERFORMANCE, OF THE WEBSITE OR ITS CONTENTS, ANY LINKED WEBSITES, OR ANY PRODUCT SOLD BY BRICK HOUSE OPTICS LLC, EVEN IF BRICK HOUSE OPTICS LLC, ITS EMPLOYEES OR OFFICERS HAVE BEEN NOTIFIED THAT THERE EXISTS THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER OR NOT SUCH DAMAGES ARISE FROM, BUT ARE NOT LIMITED TO, A BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER THEORY OF LIABILITY. YOU (THE CUSTOMER) ARE SOLELY RESPONSIBLE FOR THE CORRECT USE, STORAGE, MAINTENANCE, AND OPERATION OF THE PRODUCTS PURCHASED FROM BRICK HOUSE OPTICS LLC.

 

IN NO EVENT WILL THE TOTAL LIABILITY PAID TO YOU BY BRICK HOUSE OPTICS LCC, BY ITS EMPLOYEES, OFFICERS OR CONTRACTORS, FOR ANY DAMAGES INCURRED THROUGH BREACH OF CONTRACT, NEGLIGENCE, OTHER TORT OR OTHERWISE, THAT ARISE FROM YOUR USE OF THIS WEBSITE OR ANY OF THE PRODUCTS SOLD THEREIN, EXCEED THE AGGREGATE AMOUNT OF $100.00.

 

THE ABOVE LIMITATION OF LIABILITY IS NOT INTENDED TO LIMIT OR EXCLUDE ANY ACTION THAT IS PERMISSIBLE BY LAW, OR TO EXCLUDE OR LIMIT ANY EXPRESSED WARRANTY ON A PRODUCT THAT HAS ALREADY BEEN GIVEN. CERTAIN JURISDICTIONS DISALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, AND IF THIS THIS THE CASE, SOME OF THE LIMITATIONS MENTIONED ABOVE MAY NOT APPLY TO YOU. WHERE PERMISSIBLE, LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT THAT IS LAWFULLY ALLOWED.

 

21.  Indemnification

By utilizing this website, or by purchasing products from BRICK HOUSE OPTICS LLC, you are accepting the Terms and Conditions conveyed herein. You acknowledge that you are solely responsible for the correct use, storage, maintenance, and operation of the products purchased from BRICK HOUSE OPTICS LLC. If any violation of these Terms and Conditions were to occur, either as a result of your willful misconduct, negligent, fraudulent, or otherwise unlawful use of the website, or any products sold by BRICK HOUSE OPTICS LLC, or whether such wrongful action occurs as a result of those you permit to act on your behalf, or by those you permit to use products sold by BRICK HOUSE OPTICS LLC, you agree to defend, indemnify and hold harmless BRICK HOUSE OPTICS LLC, its officers, contractors and employees, against any liabilities, claims, costs, losses, proceedings, attorney fees, other fees, damages, or judgments that occur as a result of the violation.

 

22.  Legal Disputes

THIS SECTION CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS. PLEASE READ ALL OF THE FOLLOWING INFORMATION CAREFULLY. ACCEPTANCE OF THESE TERMS AND CONDITIONS INCLUDES AN ACCEPTANCE OF OUR ARBITRATION AGREEMENT. THIS ACCEPTANCE MAY LIMIT YOUR ABILITY TO FILE A LAWSUIT IN COURT. YOUR ACCEPTANCE OF THIS ARBITRATION AGREEMENT OCCURS WHEN YOU ACCESS AND/OR UTILIZE BRICKHOUSEOPTICS.COM. YOUR ACCEPTANCE CERTIFIES THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THIS ARBITRATION PROVISION. THE ARBITRATION AGREEMENT STIPULATES THAT YOU WAIVE YOUR RIGHT TO BE PARTY TO, OR INITIATE A LAWSUIT IN COURT, THUS RESTRICTING YOUR ABILITY TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY, OR PARTICIPATE IN ANY OTHER CLASS OR REPRESENTATIVE ACTION SUIT. In using arbitration to resolve any disputes or controversies, rights that you might have had if your claim had gone to court, may be restricted or unavailable.

 

23.  Arbitration Agreement and Class Action Waiver

BEFORE ANY ARBITRATION PROCEEDING CAN BE INITIATED, YOU AGREE TO FIRST PARTICIPATE IN AN INFORMAL DISPUTE RESOLUTION (OUTLINED BELOW) WITH BRICK HOUSE OPTICS LLC, ITS OFFICERS, EMPLOYEES, OR CONTRACTORS. WHEN THE CONDITIONS OF THE INFORMAL DISPUTE RESOLUTION HAVE BEEN MET, YOU AGREE THAT ANY FURTHER DISPUTE OR CLAIM BETWEEN YOU AND BRICK HOUSE OPTICS LLC, OR AFFILIATED OFFICERS, EMPLOYEES OR CONTRACTORS, ARISING OUT OF OR RELATING TO THE TERMS AND CONDITIONS, OR ANY OTHER DISPUTE THAT ARISES FROM ANY SUSPECTED OR PERCEIVED TORT, MISREPRESENTATION, BREECH OF CONTRACT, NEGLIGENCE, MISREPRESENTATION, OR OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH BINDING ARBITRATION, RATHER THAN IN COURT BEFORE A JUDGE OR JURY. YOU AND BRICK HOUSE OPTICS LLC ARE BOTH AGREEING TO WAIVE YOUR ABILITY TO SUE EACH OTHER IN COURT OR TO HAVE A TRIAL BY JURY. YOU AGREE TO WAIVE YOU ABILITY TO PARTICIPATE IN ANY CLASS ARBITRATION, CLASS ACTION OR ANY OTHER REPRESENTATIVE ACTION LAWSUIT. YOU AGREE THAT ANY DISPUTES THAT MAY ARISE BETWEEN YOU AND BRICK HOUSE OPTICS LLC, ITS OFFICERS, EMPLOYEES, OR CONTRACTORS WILL BE HANDLED ON A CASE BY CASE BASIS.

 

24.  Informal Dispute Resolution Terms

By using brickhouseoptics.com, you acknowledge that in the event that a dispute arises between you and BRICK HOUSE OPTICS LLC, or its officers, employees or contractors, you agree that you are required to participate in an informal dispute resolution with BRICK HOUSE OPTICS LLC, or its elected representatives, before pursuing your dispute in arbitration. You and BRICK HOUSE OPTICS LLC both agree to participate, communicate and negotiate in good faith throughout this process to resolve any dispute without the need of a formal arbitration proceeding.

 

To initiate the informal process, you agree to e-mail a detailed description of your dispute in its entirety to brickhouseoptics@gmail.com (with a subject line listed as ATTN: Legal). This description of your dispute in its entirety must include:

1. Your full legal name

2. Your current address

3. Your phone number, along with a schedule of times you are available to speak with us

4. Your e-mail address

5. Your order number. BY PROVIDING YOUR ORDER NUMBER YOU ARE SIGNING YOUR DISPUTE DOCUMENT.

6. A detailed account of your dispute, and/or claims, including all documentation, material information, and prior communication concerning your dispute.

7. The proposed resolution or form of relief you are seeking.

 

A confirmation e-mail will be sent to you if we have received your COMPLETE dispute document. Any incomplete dispute submission will not be processed. Once we have received your COMPLETE dispute document, we will review all of the information provided to us and we will respond to you within 30 calendar days, via e-mail. After you receive our response, you will have 10 business days to respond, via e-mail. If no response is received by us from you within that time frame, your dispute will be closed and considered resolved and treated as your acceptance of our resolution or decision. You are responsible for checking your inbox, trash folder, or spam folder for any correspondence from BRICK HOUSE OPTICS LLC. However, if you do respond to us within 10 business days, and our decision or resolution is not acceptable to you, we will continue to negotiate the dispute, in good faith, and as necessary or appropriate per the situation. If this correspondence between BRICK HOUSE OPTICS LLC and you or your elected representative does not resolve your dispute within 60 days of the submission of your COMPLETED dispute form, you may initiate an arbitration proceeding, unless both you and us agree to extend this time frame. Participation in and completion of this informal dispute process with BRICK HOUSE OPTICS LLC is mandatory preceding any arbitration claim being initiated.

 

25.  Initiation of Formal Arbitration

Any controversy or claim arising out of or relating to these Terms and Conditions, or any suspected breach thereof, or any other dispute that arises from any suspected or perceived tort, misrepresentation, breech of contract, negligence, misrepresentation, or other legal theory, will be settled by arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The Rules and Procedures that will govern this arbitration are those that have been set forth by AAA. A comprehensive list and discussion of the Rules and Procedures, including how to initiate a claim for arbitration, can be reviewed on the AAA website at: https://www.adr.org/sites/default/files/Consumer-Rules-Web_0.pdf. Unless otherwise requested by the claimant or required by the arbitrator, any hearing will be conducted through teleconference or video conference. If in-person proceedings are required, they will be located in Boise, Idaho, and any arbitration standards will be governed by Idaho law, unless otherwise determined by the arbitrator. The above arbitration agreement is not intended to limit or exclude any action that is permissible by federal or state law, or to conflict with any other principles of law. The Terms and Conditions contained herein are governed by arbitration law in the United States. If any action does end up proceeding to a federal or state court, you agree to the exclusive jurisdiction of the federal and state courts in Idaho. If there exists any stipulated provision in these Terms and Conditions that is inconsistent with the requirements set forth in this arbitration agreement, then such provision will be rendered invalid and the terms outlined in this arbitration agreement shall control further action.

 

26.  Termination

You understand that your ability to access and use brickhouseoptics.com will continue under these Terms and Conditions until such time that either you or BRICK HOUSE OPTICS LLC decide to terminate them. You understand and agree that BRICK HOUSE OPTICS LLC may terminate your use of the site at any time, at our sole discretion, and without notice. You further understand and agree that BRICK HOUSE OPTICS LLC at any time, at its sole discretion and without prior notice may terminate these Terms and Conditions, or discontinue the website brickhouseoptics.com in its entirety or any portion thereof. You agree that BRICK HOUSE OPTICS LLC is not liable to you or anyone else for terminating any access to our site. If you no longer wish to be party to the Terms and Conditions contained within this site, you may terminate your account and discontinue any further use of the site. However, any prior actions to your termination will be held to the agreed Terms and Conditions, including but not limited to the stated informal dispute and arbitration procedures.

 

Upon any termination of these Terms and Conditions, or of the website, or portions of the website, certain rights and obligations will remain in effect and survive such termination. These rights and obligations, by their design are intended to survive any termination and will continue to govern all purchases and all interactions that occurred prior to any act of termination. Such provisions include those associated with “Your Account Security,” “Expected Site Conduct,” “Order and Payment Terms,” “Product Pricing Disclaimers,” “Product Attribute Disclaimers,” “Returns and Refunds,” “Exchanges,” “Cancellations,” “Dead on Arrival Policies,” “Shipping Disclosures,” “Warranties Offered, “Warranty Information for Night Vision Goggles,” sections on “Website Disclosures,” “Disclaimer of Warranties,” “Limitation of Liability,” “Indemnification,” sections on any “Legal Disputes,” any intellectual property rights, as well as any other rights or obligations that may be reasonably intended to survive termination.


 

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