Terms and Conditions
Welcome to Dara Holsters and Gear Inc.. The website located at www.daraholsters.com and referred to herein as (the ‘Site’) consists of various web pages owned and operated by Dara Holsters and Gear Inc.. The company is located at 4120 Wendell Blvd., Wendell, NC 27591.
Use of Dara Holsters Site is conditioned upon your acceptance, without modification to the Terms, conditions, and notices contained herein (the ‘Terms’). Your use of the Site constitutes your full agreement of all such Terms. Please read these Terms carefully, and keep an updated copy of them for your reference. If you do not accept and agree to be bound by these Terms you are not authorized to access or otherwise authorized to use this Site or any information contained on this Site.
Dara Holsters reserves the right to change, modify, add or remove portions of these Terms at any time. It is your responsibility to check these Terms periodically for any updates or changes. Your continued use of the Site following the posting of changes constitutes your acceptance and agreement of the changes.
The Site provides users with access to information and materials specific to Products and Services offered by Dara Holsters, as well as the ability to purchase certain Products and Services through the use of Dara Holsters E-commerce platform. The terms (‘Products’) and (‘Services’) are used to refer to any and all of the Products and Services Dara Holsters identifies, describes, illustrates, or offers on the Site.
Users of the Site shall comply with all pertinent local, state, and federal laws in purchasing, possessing or using the Products. If you have any questions about these Terms, please contact us at support@daraholsters.com
COMMUNICATION
Visiting the Site or sending emails to Dara Holsters constitutes electronic communication. You consent to receive electronic communications from us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in the Terms.
SECURE LOG-IN
Access to sections of the Site may only be available by secure login, and may require you to create an account and password. If you choose to do so you must complete the registration process by initiating with us a current, complete, and accurate registration form when prompted to do so; you must also choose a password and username. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that would occur under your account. You therefore agree to: Immediately notify Dara Holsters of any unauthorized use of your account or any other breach of security for which you have become aware, and: Exit completely from your account at the end of each online session. Dara Holsters will not be liable for any loss that you may incur as a result of anyone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by Dara Holsters or another party due to someone else using your account or password. Additionally you may not use anyone else’s account at any time without the permission of the account holder.
COMMENTS
All Comments, reviews, notes, messages, ideas, feedback, suggestions, etc. (collectively ‘Comments’) sent through the Site shall be and remain the exclusive property of Dara Holsters. Your submission of any such Comments shall constitute an assignment to Dara Holsters and be of all worldwide right, title and interest, in and to, all copyright and other intellectual property rights in the Comments. Dara Holsters will be entitled to (in its sole discretion) use, reproduce, disclose, publish, and distribute forever in all formats known and unknown any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. You may not use a false email address or otherwise attempt to falsely assume the identity of any person or entity, or to mislead as to the origin of any Comments. Dara Holsters reserves the right, without assuming any obligation, to remove or edit any Comments.
WEBSITE LINKS
The Site may contain hyperlinks to other websites not owned and operated by Dara Holsters. Such hyperlinks are provided only for ready reference and ease of use. Dara Holsters neither owns, or purports to have any control over such websites and cannot therefore be held responsible for their Content or accuracy. Any endorsement of a third party website will be separately addressed as deemed necessary by Dara Holsters. In the event the Site provides hyperlinks to other websites that are not owned, operated or maintained by Dara Holsters, you acknowledge and agree that Dara Holsters is not responsible for, nor liable for its Content, Products, Services or other materials on or available from such websites. We accept no liability for any information, Products, advertisements, Content, Services or software accessible through these third party websites or for any action you may take as a result of linking to any such website. Any such websites are likely to set forth specific Terms of use and privacy policies that you should review; the absence of such policies should not be construed as a forfeiture on the part of Dara Holsters proviso, and you continue not to hold Dara Holsters responsible for the use of any hyperlink on the Site. Dara Holsters is under no obligation to maintain any link on the Site and may remove a link at any time in its sole discretion and for any reason whatsoever. Dara Holsters shall not be responsible or liable, either directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such Content, Products, Services or other materials available on or through any such website. Again, Dara Holsters is not responsible for the privacy practices of other websites.
COPYRIGHT AND TRADEMARK NOTICE
The Site contains pictures, graphics, logos, text, images, works of authorship, and other Content, referred to as (‘Content’). All of the Content you see and hear on the Site, including, but not limited to, page headers, images, illustrations, graphics, video clips and text, may be subject to copyright, trademark, and or other intellectual property protections or licenses held by Dara Holsters or third parties who have provided and or licensed their materials to Dara Holsters.
THIRD PARTY CONTENT
It is understood that any Content provided by a third party and appearing on the Site is not under the control of, nor is the editorial Content the responsibility of, Dara Holsters. Therefore any opinions, statements, Products, Services or other information expressed or made available by third party suppliers on the Site are those of such third party suppliers. Dara Holsters does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on this Site or referenced Content or Service providers will not infringe the rights of third parties not owned by or affiliated with Dara Holsters.
MUST HAVE LEGAL RIGHT TO PURCHASE
Prior to purchasing Products on this Site, you must knowingly have the right to do so in accordance with local, state and federal laws. Certain areas prohibit the possession of specific Products, be sure you have the right to possess those Products in your area.
INTERNATIONAL ACCESS
Dara Holsters is a U.S. company owned and operated within the United States. International users (Access) must comply with all laws applicable to the United States. Additionally your access to and use of the Site must be in a manner consistent with any and all applicable laws associated with your use. International orders will have additional charges associated with their orders. It is the international purchaser’s responsibility to allow and pay for any and all associated taxes, customs, and fees.
RETURNS, CANCELLATIONS, REFUNDS, WARRANTY WORK
Dara Holsters is a custom holster manufacturing company, and as such produces holsters and accessories by order. Requests for cancellation, returns, or refunds will be processed in accordance with our ‘RETURNS AND EXCHANGES’ policy. Please visit daraholsters.com/returns-exchanges/ and if necessary email us at support@daraholsters.com for exact information and if you have any questions. In any event all Returns, Exchanges and Warranty work requiring the shipment of a Dara Holsters Product to and or from the Dara Holsters facility, will be considered as under the ownership of the customer during such delivery times. Dara Holsters will only assume responsibility for Dara Holsters Products when in actual possession at the Dara Holsters facility.
LIMITED ACCESS AND PROHIBITED USE
You are granted a non-exclusive, limited, non-transferable, and revocable, license to access and use the Site; which may only be accessed and used as expressly permitted herein. The Site may not be reproduced, copied, sold, resold, duplicated, visited, or used for any commercial purpose without the express written consent of Dara Holsters. You may not use the Site in any way which could hinder, disable, damage or impair the Site or disrupt any other use of the Site. You may only use the Site in a manner for which it was intended and therefore you may not obtain or attempt to obtain materials or Content through any means which is not expressly provided in writing by Dara Holsters. This license does not include the granting of any commercial use of the Site or Content, nor any listings, descriptions, prices, data mining, robots, or similar data gathering and extraction tools. Dara Holsters does not permit the use of any logo or other proprietary graphics or trademarks without prior written consent.
PURCHASES, PRICES, AND PRODUCT DESCRIPTIONS
Dara Holsters may make changes to any Products or Services offered on the Site, or to applicable prices, at any time, without prior notice. Materials listed on the Site may be out of date, and Dara Holsters makes no commitment to update the materials on the Site with respect to Products and or Services. List prices for Products and Services are displayed on the Site and represent the retail price as listed, unless otherwise indicated. Dara Holsters makes every effort to be as accurate as possible with respect to Product and Service descriptions; however, Dara Holsters does not warrant that those descriptions are not error free, current, or complete.
SHIPPING
Unless otherwise stated, all shipping times indicated on the Site are provided as good-faith approximations based on your specific order selection and the present volume of orders received. In all cases once your order is shipped any delays by the delivery provider will be considered beyond the control of Dara Holsters; to include expedited shipping. You further agree that the Site will process all Product orders as a paid-in-full charge to the purchaser at the time of order submission. Once your order is fulfilled and given to the delivery provider all associated risk of loss passes to the buyer.
PRIVACY POLICY
The Site provides information relative to Dara Holsters Privacy Policy. Information collected by or on the Site, and how that information is used, is a part of these Terms and can be reviewed by visiting them here at: daraholsters.com/privacy-policy/
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Dara Holsters, its officers, directors, employees, agents, advertisers, sponsors, third parties, and affiliates from any and all claims, losses, costs, liabilities, actions, demands and expenses, including reasonable attorneys fees, resulting from or arising out of your use or inability to use the Site, or for your failure to abide by or willfully violate the Terms of Use.
DISCLAIMER AND LIMITATION OF LIABILITY
The Site and all information contained on or accessed from the Site is provided on an “AS-IS” and “AS AVAILABLE” basis, and without any representation, warranties or conditions of any kind, whether expressed or implied. All conditions, representations and warranties, whether expressed, implied, statutory or otherwise are hereby disclaimed to the fullest extent permitted by law. Without limiting the generality of the foregoing, Dara Holsters makes no representations or warranties that: (I) the site will be compatible with your computer and software; (II) the site will be available or will function without interruption or error; (III) the use of the site, including, without limitation, the browsing and downloading of any information, will be free of any viruses, trojan horses, worms or other destructive, intrusive or disruptive components: (IV) the transmission of information to and from the site will be secure: (V) the use of the site will not infringe the rights (including, without limitation, intellectual property rights) of any person: or (VI) The use of the Site will not cause any damage to your computer systems, software or electronic files. Furthermore you agree that Dara Holsters or its officers, partners, directors, employees, agents, successors, affiliates, or any related companies will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, use, data or other intangible losses arising out of, or relating to, or in any way connected with the Site or these Terms of use. Additionally, and to the maximum extent permitted by law, in no event shall Dara Holsters and or its suppliers be liable for any direct, indirect, punitive, incidental or consequential, or special damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site, by the delay or inability to use the Site or related Services, the provision of or failure to provide Services, or for any information, software, Products, and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on negligence, contract, tort, strict liability or otherwise, even if Dara Holsters or any of its suppliers has been advised of the possibility of damages. Certain State laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages.
TERMINATION, AND ACCESS RESTRICTION
You agree that no joint partnership, employment, venture, or agency relationships exist between you and Dara Holsters as a result of this agreement or use of the Site. These Terms and conditions constitute the entire agreement between you and Dara Holsters with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Dara Holsters with respect to such use are hereby superseded and cancelled. Dara Holsters reserves the right, in its sole discretion, to terminate your access to the Site and any related Services or any portion thereof at any time, and without notice. If any of the provisions of these Terms and Conditions are held by a U.S. court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid and enforceable provision that best embodies the intent of these Terms and Conditions, so that these Terms and Conditions shall remain in full force and effect. Dara Holsters failure to engage or enforce strict performance of these Terms and Conditions shall not constitute a waiver of any provision or any right that Dara Holsters has to ultimately enforce these Terms and Conditions.
DISCLAIMER: YOU ARE RESPONSIBLE
You are responsible for firearm safety and firearm retention. It is your responsibility to ensure that you have the right holster for your firearm; using the wrong holster may cause your firearm to discharge, bringing about a negligent action which could cause serious injury or even death. It is your responsibility to check for holster compatibility with your firearm before using any holster. You alone are responsible for making sure that your firearm and holster are compatible. Also ensure there are no foreign objects or debris in the holster prior to test fit. Foreign objects or debris may result in a negligent discharge or damage to the firearm. Please note Dara Holsters is not responsible for holster wear or finish damage on the firearm.
Prior to using your holster for the first time, use the unloaded firearm to check your holster for proper fit and retention. Make sure that the retention, and any closing device works properly with your firearm. If the holster interferes in any way with the safety features, the trigger, the control buttons or levers, the sights, the magazine release button, the cylinder, or any other part of the firearm, then do not use the holster. Do Not modify the holster in any way to make a firearm fit; if the firearm and holster do not perform properly, do not use the holster.
Dara Holsters are designed for use with standard factory model firearms, unless otherwise specified by us. At no time should you use the holster for any other firearm than the one for which the holster was designed. Any changes to the original firearm (for example: grip adapters, extra-long safety levers, extended or modified hammer spurs, target-type thumb-rest grips, laser sights or special trigger pulls, etc.) can and most likely will make your Dara Holster unsafe and possibly create the risk of a negligent discharge.
Ensure that your holster is properly secured to a quality belt, or to a properly designed carry platform. While wearing the holster, frequently check the integrity of the holster mount and body for soundness; ensure that there are no worn, fatigued, or broken parts or attachment points, or any hardware issues. Remember, any man made Product can fail or wear over time. It is ultimately your responsibility to continually check the integrity, and functionality of the holster and your firearm.
ADDITIONAL SAFETY ADVISEMENTS:
Your decision to carry a firearm comes with a great responsibility, including a certain amount of risk of serious injury or death. YOU ALONE ARE PERSONALLY RESPONSIBLE FOR firearm SAFETY AND RETENTION. Always keep firearms out of the reach of children and away from anyone that should not have access to one. Lock up all firearms when you are not using them. You should never handle any firearm unless you have been instructed on its proper safety and handling. You should seek out an accredited firearm safety course prior to your use and handling of firearms.
Always ensure that you fully holster a firearm in a slow, careful, and deliberate manner and with all safeties engaged. Making sure that you have fully seated the firearm into the holster. When holstering your firearm, keep your fingers, clothing, and any foreign objects away from the trigger, trigger guard, and out of the holster. Your failure to take proper care when holstering can result in a negligent discharge while holstering, wearing, or when withdrawing your firearm. Again, always make sure that all aspects and parts of the holster and hardware are in proper working order before you holster your firearm.
No one can produce a holster that will completely prevent accidental loss of the firearm during physical activity. Do not rely upon the holster to ensure that you do not lose your firearm. Dara Holsters makes no representation and disclaims any responsibility, expressed or implied with respect to the manner or consequences of our Products use. Any implied warranty of merchantability or fitness for a particular purpose and all other warranties, expressed or implied, are excluded from this transaction and shall not apply to the Product purchased. Upon your purchase of a Dara Holsters Product you assume all risks as to the performance or fitness of the Product. Again, the purchaser and or user assumes all responsibility to use the Products in a safe manner and in accordance with the manufacturer’s instructions. All instructions and warnings should be read and understood by the purchaser or user before using a Dara Holsters Product. All Products are sold “AS-IS”. and Dara Holsters disclaims any and all liability for incidental or consequential damages to persons or property resulting from the use of its Products.