1. Introduction. This website, www.bladeupgrade.com, (the “Website”) permits users like you to purchase products, in accordance with the terms of these Terms and Conditions (the “Agreement”).
2. Legal Agreement.
(a) Please read this Agreement carefully. This Agreement is a legally binding agreement between you (“you” or “your”) and OPTIMALL ONLINE, LLC, a North Carolina limited liability company dba BLADE UPGRADE (“BLADE UPGRADE” or “we” or “our” or “us””).
(b) The effective date of this Agreement (the “Effective Date”) is the date you first use the Website. By using the Website, you agree to be bound by this Agreement. If you choose to accept this Agreement, you must do so as written, without modification. If you do not agree to abide by the terms of this Agreement, please discontinue your use of the Website immediately. You agree that by using the Website, such use constitutes your acceptance of this Agreement and your agreement to be bound by the terms of this Agreement. You warrant and represent that you are at least 18 years old and that you have the legal authority to enter into this Agreement as an individual or on behalf of your employer. BLADE UPGRADE and you are individually, a “party” and collectively, the “parties.”
(c) You agree that any purchase of Products from us, whether through the Website, our retail store, or otherwise, shall be governed by this Agreement.
5. Updates to this Agreement. BLADE UPGRADE RESERVES THE RIGHT TO AMEND THE WEBSITE AND THE TERMS OF THIS AGREEMENT IN ITS DISCRETION FROM TIME TO TIME. YOU ARE RESPONSIBLE FOR MONITORING THE WEBSITE FOR CHANGES TO THIS AGREEMENT. BLADE UPGRADE may, but is not obligated to, offer upgrades, updates, and improvements to the Website, and to add or discontinue any Products at any time.
6. Prohibited Uses.
(a) You may only use the Website and purchase Products for legal purposes (the “Purpose”).
(b) You shall not use the Website or Products: (i) to harass, intimidate, embarrass, or threaten any person, (ii) for any illegal, libelous, obscene, pornographic, or illegal purpose, or (iii) in a manner that violates any laws, rules, or regulations.
(c) You shall not copy, modify, creative derivate works of, or reverse engineer, in whole in or part, BLADE UPGRADE’s (i) Website, including its components or contents, in whole or part, (ii) Products, or (iii) trademarks, service marks, trade dress, patents, patents pending, copyrights, and other intellectual property, including, without limitation, photographic images (the foregoing in (a) – (c) collectively, the “Intellectual Property”).
(d) Except as expressly stated in this Agreement, BLADE UPGRADE does not grant you any license or ownership rights, including in the Intellectual Property, and all rights not expressly granted by BLADE UPGRADE to you under this Agreement are expressly reserved to BLADE UPGRADE.
7. Orders. You must be at least 18 years old to order any knife Products and at least 21 years old to order restricted products. Restricted products are marked on the Website. Some items on the Website may be illegal in your or other areas for possession by those under the age of 21. You shall be responsible to check all applicable federal, state, and local laws concerning the purchase, ownership, use, and possession of any Products sold to you on the Website.
8. Automatic Knife Laws & Assisted Knife Laws. The Switchblade Act, (Pub.L. 85-623, 72 Stat. 562, enacted on August 12, 1958, and codified in 15 U.S.C. § 1241–1245), as may be amended, (the “Act”) prohibits shipment of automatic knives across state lines, with the following exceptions:
(a) to civilian or Armed Forces supply or procurement officers and employees of the Federal Government ordering, procuring, or purchasing such knives in connection with the activities of the Federal Government;
(b) to supply or procurement officers of the National Guard, the Air National guard, or militia of a state, territory or the District of Columbia ordering, procuring, or purchasing such knives in the connection with the activities of such organization;
(c) to supply or procurement officers or employees of the municipal government of the District of Columbia or the government of any State or Territory, or any county, city or other political subdivision of a State or Territory;
(d) to manufacturers of such knives or bona fide dealers therein in connection with any shipment made pursuant of an order from any person designated in paragraphs (a), (b), and (c).
Sections 1242 and 1243 of the Act shall not apply to:
(e) any common carrier or contract carrier, with respect to any switchblade knife shipped, transported, or delivered for shipment in interstate commerce in the ordinary course of business;
(f) the manufacture, sale, transportation, distribution, possession, or introduction into interstate commerce, of switchblade knives pursuant to contract with the Armed Forces.
(g) the Armed Forces or any member or employee thereof acting in the performance of his duty;
(h) the possession, and transportation upon his person, of any switchblade knife with a blade three inches or less in length by any individual who has only one arm; or
(i) a knife that contains a spring, detent, or other mechanism designed to create a bias toward closure of the blade and that requires exertion applied to the blade by hand wrist, or arm to overcome the bias toward closure to assist in opening the knife.
BLADE UPGRADE will not sell to any individual or group outside the State of North Carolina without the above conditions being met. This does not apply to automatic knives manufactured, distributed, purchased or sold within the State of North Carolina. Proper identification may be required before the order is shipped in cases where restricted items are purchased.
9. Legal Disclaimers. BLADE UPGRADE offers no legal advice regarding laws applicable to your purchase of Products. We have provided general information herein to you of federal laws that may affect your purchase. It is your responsibility, as the buyer, and not BLADE UPGRADE, as the seller, to ascertain and obey all applicable international, federal, state, and local laws regarding your purchase and use of Products.
10. Change and Cancellation Policy. If you order the wrong Products, you may change your order up until the time the order is shipped. Once an order has been shipped, if you wish to change an item you must follow the guidelines in the Returns section below. If you would like to cancel your order you may do so up until the time the order has shipped. Once an order has been shipped you must follow the guidelines in the Returns section below. You can contact us about a change or cancellation at the email or telephone number listed in the “contact us” section of the Website. If you choose to send an email you must use “order change” or “order cancellation” in your email subject line to make sure the email is directed to the correct department to improve the chance that the change or cancellation can be implemented before the order ships.
Credit Card Orders. We accept Visa, Mastercard, Discover, American Express and PayPal. By ordering with a credit card you agree that you are authorized to use such credit card and, if there is a billing dispute, to handle any billing disputes directly with us.
BLADE UPGRADE reserves the right to request identification for any purchases of any kind. No customer shall be obligated to provide identification, however failure to provide requested information may result in the cancellation of the customer's order. If the order is cancelled and charges to the credit card used will be voided or refunded.
12. Shipping - Domestic Orders.
(a) For more information concerning shipping, please visit our please visit the SHIPPING PAGE on the Website for complete information.
(b) BLADE UPGRADE makes no guarantees about shipping time. We will attempt to stay within the specified time frames indicated on the Website; however, delays may result from occurrences, such as, without limitation, customer verification, declined credit cards, restricted items, legal prohibitions, product unavailability, acts of God, and other force majeure events.
(c) Product orders with a value of $500 or more are automatically shipped as “signature required.” Product orders with a value of less than $500 are automatically shipped as “no signature required.” If you would like your order shipped with or without a “signature required,” as applicable, simply indicate this to us in the notes box at checkout. If you waive the required signature on your order, you accept all responsibility pertaining to loss, theft or damage. If you pay for shipping, risk of loss and title to the Products transfers to you upon our tender of the Products to the courier; and, if we pay for shipping, risk of loss and title to the Products transfers to you upon delivery of the Products by the courier.
(d) Shipping is free for most orders. There are some oversized and overweight items which have additional shipping costs. When free shipping is selected, we will ship orders via FedEx, UPS, DHL, or USPS, at our discretion.
(e) Please note: There are some areas within the United States of America where we simply cannot ship certain restricted items (e.g. defense sprays, automatic knives, stun guns, knuckles, police batons, etc.). These areas include, but are not limited to: portions of Alaska, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Indiana, Kansas, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Missouri, New Mexico, New York, Tennessee, Texas, Vermont, Washington, and Wisconsin. Exceptions are made as local laws permit (proper ID may be required at the time of purchase).
(f) Address Verification. In many cases, orders that are placed with a ship to address that is not authorized by the credit card issuer are subject to shipping delays, verification emails/telephone calls and/or cancellation. Additionally, orders that are shipped to an address other than the authorized billing address are subject to shipping delays and verifications. In situations where we cannot confirm the validity of an order or we suspect fraud, the order will be cancelled.
13. Shipping - International Orders. Prior to placing an international order (defined as outside the United States of America), you must contact us at the information listed under the “contact us” section of the Website. There are numerous export and import restrictions regarding tactical and outdoor Products. For a list of these restrictions and to see what international shipping is available, please visit the SHIPPING PAGE section of the Website (and scroll to the bottom and read our "International Shipping" guidelines). International purchasers assume all risk of loss, theft, customs seizures, clearance, duties, levies, fees, taxes, storage charges, broker fees, and the like associated with international shipments (the foregoing collectively, “International Shipping Events”), and you agree that BLADE UPGRADE shall not be held liable for any International Shipping Events.
International Customer Conditions:
• Customer must pay all shipping fees
• Customer must pay any and all taxes, duties, etc.
• Customer must pay via Wire Transfer
• If items get lost, stolen, or seized by customs, we are not accountable, and cannot give a refund.
• Customer must understand their own/carry laws in their country and have proper permits where applicable
• Customer must pay all shipping fees for returns, as well as warranty work
• Please note that we do not falsify customs documents. We will list exact items and exact values, in accordance with national and federal laws. If you believe that your items will be seized at customs when labeled appropriately, we urge you to carefully consider this.
14. Knife Operation and Warranty. All name brand knives are covered under warranty by their respective manufacturers. For more information, please check out the WARRANTY PAGE on the Website. Knives that have been modified or converted are not covered under a manufacturer's warranty. Except as expressly stated herein, no further warranties apply.
15. Returns. Returns must be initiated within 30 calendar days of your original purchase date. You must complete a return request, which can be done through your BLADE UPGRADE account. Approval is required before shipping your return item(s), otherwise, your return will not be accepted. Please allow up to 3 business days for approval. Once approved, you will be e-mailed a pre-paid shipping label. If you return an item that we have rejected and we are unable to send it back, we will issue a refund, dispose of the item, and notate on your account to refuse future return requests.
To be eligible for a full refund of your purchase, your item(s) must be returned in its original packaging, unused, and in new condition. Returning an item with missing or damaged packaging may incur additional fees. Once we receive the item(s), we will issue a refund minus the cost of return shipping. If your item is found to be defective, the cost of return shipping will be waived. Your refund will be issued in the same form of payment you used to purchase your item(s). We do not reimburse the cost of shipping from the initial purchase.
16. Representations and Warranties. By placing an order, you warrant and represent that you will use the Products in a lawful manner and that you are of legal age to purchase and use the Products.
18. Indemnification. You shall defend, indemnify, and hold harmless BLADE UPGRADE and its affiliates, and their employees, managers, members, officers, shareholders, directors, agents, representatives, contractors, insurers, attorneys, successors, and assigns from and against all claims, demands, judgments, losses, liabilities, damages, costs, fees, expenses, including, without limitation, attorneys’ fees, expert witness fees, and court costs, arising out of your (a) unauthorized use of the Website, Products, or Intellectual Property, or (b) any other breach of this Agreement.
19. Disclaimer of Warranties.,
(a) EXCEPT AS EXPRESSLY STATED HEREIN, BLADE UPGRADE: (A) PROVIDES ACCESS TO THE WEBSITE AND THE PRODUCTS ON AN “AS IS” BASIS, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR GUARANTEES, (B) MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE AND THE PRODUCTS, AND (C) SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY AGAINST NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY IN CONNECTION WITH YOUR ACCESS TO THE WEBSITE AND THE PRODUCTS. EXCEPT AS EXPRESSLY STATED HEREIN, BLADE UPGRADE DOES NOT WARRANT THAT THE WEBSITE OR ANY THE PRODUCTS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR THAT THE PRODUCTS WILL PROVIDE SECURITY OR PROTECTION AGAINST HARM, INJURY, DISMEMBERMENT, OR DEATH, OR THAT THE CONTENT OF THE WEBSITE OR METHOD OF DELIVERY WILL BE FREE OF ERROR (INCLUDING FACTS, STATEMENTS, SERVICE LEVELS, DOWNLOAD SPEED, WEBSITE DOWNTIME, OUTAGES, WI-FI, HOTSPOT, OR INTERNET CONNECTIVITY OR SECURITY), OR THAT DEFECTS THEREIN WILL BE CORRECTED. THE PROVISIONS OF THIS SECTION SHALL BE IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
(b) Without limiting the generality of the foregoing in this Section, Website mistakes (such as, without limitation, pricing errors, Product misinformation, and stock discrepancies) are inevitable. BLADE UPGRADE is not required to honor pricing errors. At our discretion, we may cancel any order where we determine there has been a pricing error. If we have provided Product misinformation for your order, you have the right to return your purchased Product without penalty (subject to the return policy stated herein). If there is a stock discrepancy, you have the right to retain your order until it can be filled or to cancel your order without penalty.
(c) Without limiting the generality of the foregoing, BLADE UPGRADE will not be held liable for the misuse of any Product purchased from us or any of our distributors and dealers.
20. Limitations of Liability.
(a) BLADE UPGRADE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOSS OF BUSINESS, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF A PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BLADE UPGRADE’S TOTAL LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM UNDER THIS AGREEMENT, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO BLADE UPGRADE UNDER THIS AGREEMENT. THE PROVISIONS OF THIS SECTION SHALL BE IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
21. Compliance with Applicable Law. Except as expressly permitted herein, all other notices provided for herein shall be effected either by recognized international express courier, postage pre-paid, or by First Class United States Mail, postage pre-paid, to the address listed under the “contact us” section of the Website in our case, and to the address you listed at time of last purchase in your case. Notice shall be deemed received two days following tender to such courier and three days following posting by Mail.
BLADE UPGRADE LLC
12245 Nations Ford Rd, Ste 505
Pineville, NC 28134
22. Independent Parties. Nothing in this Agreement shall create an employer-employee, partner, joint venturer or agent relationship between BLADE UPGRADE and you.
26. Assignment. You may not assign or sublicense any part of the Agreement, in whole or in part, without the prior written consent of BLADE UPGRADE.