These Terms and Conditions (“Agreement”) govern your use of Exigent Defense’s website, social media accounts, or any other online platforms, as well as your purchase of products from Exigent Defense (referred to as “Exigent,” “we,” “us,” or “our”). By accessing our website and purchasing any products, including firearm suppressors (“suppressors”) as defined by the National Firearms Act (“NFA”), you agree to be bound by the following terms. If you do not agree to these terms, do not use our online platforms or purchase any products from us. 

SECTION 1 – GENERAL INFORMATION 

Exigent is a federally licensed manufacturer and seller of firearm suppressors and related accessories. Exigent will comply with all applicable federal, state, and local laws, including the National Firearms Act (“NFA”) and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) regulations. 

We reserve the right to refuse service to anyone for any reason at any time. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. 

You understand that your information may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any proprietary information, intellectual property, product features, trademarks, copyrighted content, or any other Exigent property without prior written consent from Exigent. 

We are not responsible if information made available is not accurate, complete, or current. Published information is provided for general purposes and may be outdated. We reserve the right to modify published information at any time with no obligation to provide notification of modifications. 

We reserve the right to modify or discontinue any products or services without notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of any products or services. 

SECTION 2 – LEGAL COMPLIANCE 

By using our online platforms or purchasing our products, you certify that:

1. You are at least 21 years of age.
2. You are legally permitted to possess and purchase firearm suppressors and any other NFA item under applicable federal, state, and local laws. 
3. You are not prohibited from owning or possessing firearms or suppressors due to a criminal record or any other legal disability. 
4. You are responsible for knowing and complying with the laws in your jurisdiction, including the laws governing the purchase, storage, transportation, transfer, and use of firearm suppressors. 

SECTION 3 – NFA AND ATF REQUIREMENTS 

All suppressors or NFA items listed on this site are subject to all local, state, and national laws, including all NFA and ATF regulations. All NFA items purchased are required to be transferred through a registered Federal Firearms License dealer (“Transferor Dealer”) with the appropriate Special Occupational Taxpayer endorsement. You are responsible for the cost of all NFA tax stamps and dealer transfer fees that may apply. A copy of both the FFL and SOT of the Transferor Dealer will be required before shipping any suppressors or NFA items. Non-NFA restricted items, including accessories and muzzle devices, may be shipped to any residential or business address as long as they are legal in the state in which they reside. 

As part of this process: 

1. Purchasers must submit ATF Form 5320.4 (“Form 4”) or ATF Form 5320.1 (“Form 1”), undergo a background check, and pay the applicable NFA excise tax. 
2. The ATF must approve the transfer of any suppressor before it can be shipped to your Transferor Dealer. 
3. It is your responsibility to submit all required documentation to the ATF and obtain necessary approvals. 
4. The Transferor Dealer receiving your suppressor or NFA item must approve the transfer and accept the product. 
5. An ATF Form 5320.3 (Form 3) must be completed and approved by the ATF prior to shipment to the Transferor Dealer. 

Any returns or warranty repairs for Exigent products or products sold through Exigent must be shipped by an insured common carrier, with shipping originating from an appropriately licensed firearms dealer. An ATF Form 5320.3 (Form 3) must be completed by the licensed firearms dealer and approved by the ATF prior to shipment to Exigent. 

By purchasing from Exigent, you acknowledge that suppressors are regulated under the NFA and that approval from the ATF is required for the transfer to be completed. You may not take constructive or actual possession of a suppressor or any other NFA item until the ATF approval process is finalized. We make no representations, warranties, guarantees, or provide legal advice or indemnification regarding ATF approval of a firearm, suppressor, or any other NFA item. We strongly suggest you consult independent legal counsel or the ATF regarding ATF approval and regulations.

SECTION 4 – ORDER PROCESS AND PAYMENT 

4.1 – Order Placement 

You can place an order through our website or by contacting us directly. All orders are subject to availability and acceptance by Exigent. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order. 

4.2 – Payment Terms 

Full payment or acceptable financing is required at the time of purchase. Payments may be made by credit card, debit card, bank transfer, or other accepted methods listed on our website. Prices listed on our website are subject to change without notice. 

4.3 – Refunds and Cancellations 

Once your order is placed and payment is made, you may not cancel or receive a refund except as provided by law or approved by Exigent. Any cancellations or refunds may be subject to a restocking fee, and no refunds will be given after your suppressor has been transferred or shipped. Any product returns or warranty repairs for Exigent products must be shipped by an insured common carrier, with shipping originating from an appropriately licensed firearms dealer. 

SECTION 5 – SHIPPING AND DELIVERY 

5.1 – Shipping Policies 

We will only ship suppressors, firearms, or any other NFA items to a Transferor Dealer who is legally authorized to handle NFA items in your state of residence. You must provide accurate shipping information and ensure that your Transferor Dealer is prepared to receive your suppressor. You are responsible for any dealer transfer costs, fees, or taxes. Any returns or warranty repairs for Exigent Defense must be shipped by an insured common carrier, with shipping originating from a licensed firearms dealer. You are responsible for any shipping costs associated with purchasing or returning Exigent products. 

5.2 – Delivery Time 

Shipping and delivery times depend on ATF approval, manufacturing lead times, and other factors outside our control. While we will make every effort to deliver your purchase promptly, we cannot guarantee specific delivery dates. 

5.3 – Risk of Loss 

Once the Exigent product, or products sold through Exigent, has shipped, Exigent is no longer responsible for any damage, loss, or theft.

SECTION 6 – WARRANTY AND RETURNS 

6.1 – Product Warranty 

Exigent provides a lifetime warranty that its products are free from defects in materials and workmanship. This warranty applies to the original purchaser only and is non-transferable. Exigent’s warranty is waived upon modification of the product by any party other than Exigent or its authorized subcontractors. Exigent does not warranty or indemnify any products from other manufacturers listed for sale by Exigent. 

6.2 – Exclusions 

The warranty does not cover: 

1. Damage caused by intentional destruction, misuse, neglect, or improper installation.
2. Damage resulting from other manufacturers’ products used in conjunction with Exigent products. 
3. Modifications or alterations to the suppressor. 
4. Normal wear and tear.

6.3.1 – Returns of Non-NFA Items 

To be eligible for a refund or exchange, the request must be made within thirty (30) days of the purchase date. 

1. The product must be returned in an unused, undamaged, and unaltered condition, with all original packaging and accompanying materials intact. 
2. Exchanges are subject to the availability of products in our current inventory. Exigent reserves the right to approve or deny exchanges. 
3. Customers are solely responsible for all shipping costs associated with returns and exchanges. 
4. Prior to sending products in for a return, customers must complete a warranty return request with Exigent. 

Exigent disclaims liability and will not accept returns for products purchased from dealers, distributors, or any other third party. You are obligated to adhere to the return policies established by the dealer, distributor, or other third party from whom the product was originally purchased. 

Exigent reserves the right to charge a 25% processing and restocking fee. This fee may be issued as a non-cash credit, such as a gift card, coupon, or account credit, and is non-exchangeable for cash. This credit shall expire one calendar year from the date of issuance. 

6.3.2 – Cancellation of Non-NFA Items

Customers may cancel an order for a full refund if the cancellation request is submitted prior to shipment. 

1. Refunds for approved cancellations will be processed within 30 business days. Additional time for the refunded amount may be necessary depending on your payment method and financial institution. 
2. Customized, unique, or otherwise designated products or services are not eligible for cancellation. 
3. In the event of order cancellation, a 25% processing and restocking fee shall apply. This fee may be issued as a non-cash credit, such as a gift card, coupon, or account credit, and is non-exchangeable for cash. This credit shall expire one calendar year from the date of issuance. 

6.3.3 – Returns of NFA Items 

Suppressors or any other NFA item are not eligible for returns. 

6.3.4 – Cancellation of NFA Items 

NFA orders may not be canceled after the initiation of any requisite ATF transferor application, including but not limited to the Form 3 necessary for the transfer of the suppressor to the Transferor Dealer. 

6.3.5 – ATF Denials or Return Without Action (“RWA”) 

All sales of NFA items are considered final and non-returnable upon shipment, should the ATF deny an application or issue a return without action (“RWA”) related to an NFA transfer application Exigent will not accept any product returns nor issue any refunds. 

SECTION 7 – LIMITATION OF LIABILITY 

To the maximum extent permitted by law, Exigent is not liable for any damages arising from the purchase or use of our products, including but not limited to any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. Our liability for any claims arising out of the purchase of our products will not exceed the total amount paid for the product. 

Certain content, products, and services available via Exigent may include materials from third parties. Third-party products or services that are not affiliated with Exigent may be derived from Exigent materials or information. We are not responsible for examining or evaluating any third-party products or services, and we do not warrant or have any liability or responsibility for any third-party products or services or for any other materials, products, or services other than Exigent’s. 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party. Please

review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party. 

Exigent, any parent entity or person, Exigent’s subsidiaries, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, licensors, heirs, or assigns shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise arising from your use of any of the published materials or any Exigent products or products purchased through Exigent or for any other claim related, including but not limited to any errors or omissions in any content or any loss or damage of any kind incurred. In jurisdictions prohibiting the exclusion or the limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law. 

You agree to indemnify, defend, and hold harmless Exigent and any parent entity or person, subsidiaries, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, licensors, heirs, or assigns harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference or your violation of any law or the rights of a third party. 

SECTION 8 – EXPORT RESTRICTIONS 

Exigent products and products sold through Exigent are subject to U.S. export control laws and may not be exported or re-exported without the proper licensing from the U.S. Department of State or the Department of Commerce. It is your responsibility to comply with all applicable export laws. 

SECTION 9 – INTELLECTUAL PROPERTY 

All designs, proprietary information, content on Exigent’s website or social media platforms, or any other physical or electronic marketing content, including but not limited to text, graphics, logos, images, design or performance data is the property of Exigent or its content suppliers and is protected by intellectual property laws. Unauthorized use of our intellectual property is prohibited. 

SECTION 10 – PRIVACY POLICY 

To protect your personal information, we take reasonable precautions and follow industry best practices to ensure it is not inappropriately lost, misused, accessed, disclosed, altered, or destroyed. Any personal information is retained only for as long as necessary. If you provide Exigent with your billing information, that information is encrypted using a best-practices security encryption system.

When you purchase products through Exigent or access published materials, you consent to providing personal information such as your name, address, and email address. When you access our online platforms or published materials, we also automatically receive your computer’s Internet Protocol (“IP”) address. With your permission, we may send you emails, text messages, or other marketing campaigns. 

Third-party service providers or vendors used by us will collect, use, and disclose your information to the extent necessary to allow them to perform the services they provide to Exigent. Third-party service providers or vendors may have their own privacy policies regarding the information we are required to provide to them. For these providers or vendors, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled. 

Exigent will comply with subpoenas for personal information only to the extent legally required. 

SECTION 11 – DATA USAGE 

Exigent employs internal and third-party data tracking mechanisms to enhance user experience, improve online platform functionality, and analyze customer behavior. By accessing Exigent’s published materials, you consent to the collection and utilization of this data. The following guidelines govern our data tracking practices: 

1. You acknowledge and agree to data tracking activities upon accessing Exigent’s published materials, with continued use affirming ongoing consent to these practices. 2. Data tracked may include but is not limited to user interactions, browsing history, device 

information, and geographical location. This information aids in personalizing your experience and optimizing our performance. 

SECTION 12 – PROHIBITED USES 

You may not use our products or published materials for any unlawful or unauthorized purposes, including but not limited to: 

1. Violating any local, state, federal, or international laws or any unlawful purpose. 2. Using Exigent products for illegal activities. 
2. Soliciting others to perform or participate in any unlawful acts. 
3. Infringing upon or violating our intellectual property rights or the intellectual property rights of others. 
4. Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability. 
5. Submitting false or misleading information. 
6. Uploading malicious code or engaging in hacking, data mining, collecting or tracking the personal information of others, or other disruptive activities.

We reserve the right to terminate any warranties or agreements and seek prosecution and civil liability for violating any of the prohibited uses. 

SECTION 13 – GOVERNING LAW AND DISPUTE RESOLUTION 

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky in the applicable court located within Fayette County, Kentucky, without regard to its conflict of law principles. 

13.1 – Dispute Resolution 

Any disputes arising from your use of our website or purchase of our products shall be resolved through mediation. The mediation will take place in Lexington, Kentucky, and the arbitrator’s decision will be final and binding. Should any disputes not be resolved through mediation then the applicable court located in Fayette County, Kentucky shall be the venue. 

SECTION 14 – SEVERABILITY 

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions. 

Failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or any other provision of these Terms. 

SECTION 15 – ENTIRE AGREEMENT 

These terms constitute the entire agreement and understanding between you and Exigent, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Exigent, including but not limited to any prior versions of the Terms. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. 

SECTION 16 – TERMINATION 

We may terminate this agreement for any reason at any time without notice, and you will remain liable for all obligations and liabilities incurred under this agreement. Your obligations and liabilities incurred under these Terms shall survive the termination of this agreement for all purposes. 

SECTION 17 – CHANGES TO THESE TERMS AND CONDITIONS

Exigent reserves the right to modify or update these Terms and Conditions at any time without prior notice. Your continued use of our published materials and products constitutes acceptance of any changes to this Agreement. 

SECTION 18 – CONTACT INFORMATION 

If you have any questions about these Terms and Conditions, please contact us at: info@ExigentDefense.com