Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Export Policy and Export Restrictions Information
The U.S. Department of State's Directorate of Defense Trade Controls, the U.S. Department of Commerce's Bureau of Industry and Security, and the U.S. Department of the Treasury's Office of Foreign Assets Control administer export control regulations that affect some aspects of our business. We request that all customers read and familiarize them selves with the following regarding certain applicable export regulations.
The sale, transfer, transportation, or shipment outside of the U.S. of any product prohibited or restricted for export without complying with U.S. export control laws and regulations, including proper export licensing, documentation or authorization, is strictly prohibited and may result in civil penalties and/or constitute a federal crime. BinocularsNScopes will not engage in any transaction that requires the illegal export of any products and will not assist directly or indirectly with the illegal export or re-export of any products. An accurate Automated Export System filing must also be made for all exportation requiring a license and some not requiring a license.
If you wish to purchase an item for ultimate shipment or use outside of the United States, please indicate this fact in your order. Depending on the value of the order, the specific item, the end user or intended use, the country of ultimate destination, Eurooptic may be required to apply for an export license with the appropriate U.S. government agency. Several items on the website may require an export license, including, but not limited to, the following:

  • Generation 2, 3, or 4 Night Vision Equipment and Night Vision Accessories
  • Thermal Imaging Equipment
  • Optical Sighting Equipment and Accessories
  • Firearms, magazines, and rifle stocks
International Traffic in Arms Regulations (ITAR): ITAR is an acronym for International Traffic in Arms Regulations (22 CFR, Parts 120-130) which covers the export of defense articles. Defense articles are defined by ITAR § 120.3 as any article (item) that is specifically designed, developed, configured, adapted, or modified for a military application. In designating an article as a defense article, DDTC evaluates if the article has any predominant civil applications and if there exists a performance equivalent in the civilian sector. Once DDTC designates an item as a defense article it is placed on a list named the U.S. Munitions List (USML) which is maintained by DDTC. With this in mind, some of the items on this website are subject to the ITAR, and export is strictly prohibited without authorization or a license issued by the U.S. Department of State's Directorate of Defense Trade Controls. By proceeding with a transaction to purchase any ITAR restricted item, the Customer certifies that (i) the purchase does not require Eurooptic to export such items, unless Eurooptic is aware of the export and has obtained the appropriate U.S. Government authorization; (ii) the Customer does not intend to export such items after receipt from Eurooptic without the appropriate U.S. Government export authorization; (iii) the Customer does not intend to export, transfer, sell, or furnish the item to any foreign person, whether abroad or in the U.S., including any Foreign Embassy in the U.S., without the appropriate U.S. Government export authorization; (iv) the Customer understands that a foreign person under the ITAR § 120.16 means "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)," and can mean "any foreign corporation, business association, trust, society, or any other entity or group that is not incorporated or organized to do business in the U.S., as well as international organizations, foreign governments, and any agency or subdivisions of government (e.g. diplomatic missions)" (See ITAR § 120.16); (v) the Customer is a U.S. Person as defined by ITAR § 120.15, meaning the Customer is a lawful permanent resident of the U.S., as defined by 8 U.S.C. § 1101(a)(20), or is a protected individual as defined by 8 U.S.C. § 1324b(a)(3), or is a "corporation, business association, partnership, society, trust, or any other entity, organization or group that is incorporated to do business in the U.S., or is a governmental (federal, state, or local) entity" (See ITAR § 120.15). Export Administration Regulations (EAR): The Department of Commerce (DOC) overseas the export of everything that is not designated a defense article by DDTC. The Bureau of Industry and Security (BIS) is an agency within the DOC that administers the Export Administration Regulations (EAR) which is found in 15 CFR, Parts 730-774. Some of the items on this website are subject to the Export Administration Regulations (EAR), and export may be restricted by the U.S. Department of Commerce's Bureau of Industry and Security. By proceeding with a transaction to purchase any restricted item(s), the Customer certifies that (i) the purchase does not require Eurooptic to export such items, unless Eurooptic is aware of the export and has obtained the appropriate U.S. Government authorization; (ii) the Customer does not intend to export such items after receipt from Eurooptic without the appropriate U.S. Government export authorization. Important Export Restrictions Warning! (1) Export of some Eurooptic products is strictly prohibited without a valid export license issued by the U.S. Department of State, in accordance with International Traffic in Arms Regulations (ITAR) (22 C.F.R. 120-130) or a valid export license issued by the U.S. Department of Commerce, in accordance with the Export Administration Regulations (EAR) (15 C.F.R. 730-774). (2) U.S. law prohibits the sale, transfer, or export of items to certain restricted parties, destinations, and embargoed countries, as identified on lists maintained by the U.S. Department of State, the U.S. Department of Commerce, and the U.S. Department of Treasury. It is the responsibility of the Customer to be aware of these lists, which can be found at the following U.S. Government websites. By proceeding with any transaction, the Customer certifies that the Customer will not engage in any unauthorized transaction involving the export of Eurooptic products to any restricted parties or destinations. By proceeding with a transaction to purchase any items from Eurooptic the Customer certifies that it will comply with all requirements imposed by all applicable laws, regulations and administrative policies. For further information regarding the applicable laws, regulations, and policies contact: U.S. Department of Commerce Bureau of Industry and Security Tel.: (202) 482-4811 Website: http://www.bis.doc.gov U.S. Department of State Bureau of Political-Military Affairs Directorate of Defense Trade Control Tel.: (202) 663-1282 Website: http://www.pmddtc.state.gov U.S. Department of the Treasury Office of Foreign Assets Controls Tel.: (202) 622-2480 Website: http://www.treas.gov/offices/enforcement/ofac BinocularsNScopes reserves the right to inquire into the end use, and country of ultimate destination of any product ordered on this website. Export control laws and regulations are complex. Summaries of such laws and regulations provided by Eurooptic herein are not comprehensive and are not to be taken as legal advice or counseling.

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Binoculars N Scopes. The collective work includes works that are licensed to Binoculars N Scopes. Copyright 2003, Binoculars N Scopes ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Binoculars N Scopes or purchasing Binoculars N Scopes products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Binoculars N Scopes or to purchase Binoculars N Scopes products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Binoculars N Scopes. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of Binoculars N Scopes used in the site are trademarks or registered trademarks of Binoculars N Scopes


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Binoculars N Scopes disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Binoculars N Scopes does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Binoculars N Scopes does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
Binoculars N Scopes shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Binoculars N Scopes has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a Binoculars N Scopes product is mistakenly listed at an incorrect price, Binoculars N Scopes reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Binoculars N Scopes reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Binoculars N Scopes shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Binoculars N Scopes without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
Binoculars N Scopes may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Binoculars N Scopes.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Binoculars N Scopes products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Binoculars N Scopes products) must be commenced within one (1) year after the claim or cause of action arises. Binoculars N Scopes's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Binoculars N Scopes may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Binoculars N Scopes or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
Binoculars N Scopes does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Binoculars N Scopes is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Binoculars N Scopes reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Binoculars N Scopes in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless Binoculars N Scopes, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, Binoculars N Scopes may link to sites operated by third parties. However, even if the third party is affiliated with Binoculars N Scopes, Binoculars N Scopes has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Binoculars N Scopes. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Binoculars N Scopes seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).