Terms and Conditions

Last Updated on August 8th, 2018

Introduction
Mugger Slugger Self-Defense Concepts (also referred to herein as "Mugger Slugger") is committed to protecting your privacy and ensuring you have a positive experience on our website and in using our products and services (collectively "Products"). These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least [18] years of age to use any part of this website where either earnings or fees/payments are required. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least [18] years of age.

Conditions of Sale
The possession of MuggerSlugger™ Defense Spray is legal in the vast majority of states and cities across the United States. Nevertheless, some states and cities have enacted laws restricting the possession and/or sale of these products. To the best of our knowledge, listed below is the most current information on those states with such restrictions. Check local laws for your city or state to determine the legality of carrying MuggerSlugger™ products in your area.

MuggerSlugger™ consumers are responsible for understanding the local and state laws concerning the purchase and use of this product. The consumer agrees that Mugger Slugger's products are not intended for illegal use. Mugger Slugger Defense Concepts, LLC is not responsible for misrepresentation by the consumer, nor the illegal use of our products. By submitting an order from www.muggerslugger.com, the consumer states that he or she is at least 18 years old, understands all local and state laws concerning the purchase and use of Mugger Slugger's products and agrees to all terms and conditions of this purchase. No warranties implied or expressed.

• California - Pepper spray canisters must contain 2.5oz or less. Sale to persons with a felony history is not permitted.
• Florida - Customers in FL cannot order any defense spray over 2.0 ozs.
• Massachusetts - Pepper spray intended for protection from a human being cannot be shipped. Sale to persons with a felony history is not permitted.
• Michigan - Pepper spray canisters must be less than 35 grams (1.2 ounces) and the spray OC concentration must be 10% or less.
• New Jersey - Pepper spray intended for protection from a human being cannot be shipped and canisters must contain 0.75oz or less. Sale to persons with a felony history is not permitted.
• New York - Pepper spray intended for protection from a human cannot be shipped. Sale to persons with a felony history is not permitted.
• Wisconsin - Pepper spray OC concentration must be 10% or less, canisters must have a safety feature built into the trigger and must be less than 60 grams (2.1 ounces). Pepper spray cannot be disguised as a common item (i.e. lipsticks, pens, etc).

License to Use Website
Unless otherwise stated, Mugger Slugger and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website [except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within the scope of personal account and adherence to our End User License Agreement ("EULA") and Terms of Use.

Acceptable Use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities including without limitation scraping, data mining, data extraction and data harvesting on or in relation to this website without Mugger Slugger's expressed written consent in advance.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Mugger Slugger's expressed written consent in advance.

Restricted Access
Access to certain areas of this website is restricted. Mugger Slugger reserves the right to restrict access to areas of this website, or indeed this entire website, at Mugger Slugger's discretion.

If Mugger Slugger provides you with a UserID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the UserID and password are kept confidential and it is assumed that these account features are not shared between parties, colleagues or business associates.

Mugger Slugger may disable your UserID and password at Mugger Slugger's sole discretion without notice or explanation.

User Content
In these terms and conditions, "your user content" means material including without limitation text, images, audio material, video material and audio-visual material that you submit to this website, for whatever purpose.

You grant to Mugger Slugger a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Mugger Slugger the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Mugger Slugger or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Mugger Slugger reserves the right to edit or remove any material submitted to this website, or stored on Mugger Slugger's servers, or hosted or published upon this website.

Notwithstanding Mugger Slugger's rights under these terms and conditions in relation to user content, Mugger Slugger does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No Warranties
This website is provided "as is" without any representations or warranties, express or implied. Mugger Slugger makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Mugger Slugger does not warrant that:

• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional. Neither Mugger Slugger nor its content providers are responsible for any loss associated with use of this product.

Refund Policy
Mugger Slugger clients are always eligible for a refund as long as this request is presented in writing with an effective date. Mugger Slugger will exercise a 7.5% Stocking Fee which is applied once payment has been approved by one of our approved payment gateway solutions (effectively referred to as "Merchant Services"). This Stocking Fee covers administrative costs and Merchant Services which may be incurred upon payment via credit card or bank transfer, among others.

Large stock purchases may be arranged with the supplier directly; and therefore, if a special Stocking Fee is not stated in writing, Mugger Slugger will automatically retain a 7.5% Stocking Fee to cover internal costs, payment gateway fees and administrative charges.

California Privacy Policy
If you reside in California, you have the right to ask us one time each year if we have shared personal information with third parties on behalf of their direct marketing purposes. To make a request, please send us a contact us request and indicate in your message that you are a California resident making a "California Shine the Light" inquiry.

Children Under 13
Our Platforms where this Privacy Policy is located are meant for adults. We do not knowingly collect personally identifiable data from persons under the age of 13, and strive to comply with the provisions of COPPA (The Children's Online Privacy Protection Act). If you are a parent or legal guardian and think your child under 13 has provided us with information, please contact us immediately using the online tools at your disposal. Please mark your inquiries "COPPA Information Request." Parents, you can learn more about how to protect children's privacy online here to view the FTC's guide to protecting your child's privacy online for further information.

California Transparency in Supply Chains Act Disclosure
On January 1, 2012, California enacted the California Transparency in Supply Chains Act which mandates manufacturers and retailers to disclose their efforts to prevent forced labor in their direct supply chains for goods offered for sale. By requiring greater transparency about goods made available to its consumers, the law encourages California customers to make informed purchasing decisions.

Mugger Slugger is committed to sourcing products from companies which share our values around human rights, ethics and environmental responsibility. We require all of our vendors to comply with our Terms and Conditions ("our Policy") as a requisite to doing business with Mugger Slugger. Our Policy strictly prohibits the use of prison labor, bonded labor, indentured labor or forced labor in the manufacture or finishing of products we sell, including without limitation, prison and slave labor or human trafficking for the purposes thereof. Our Policy is designed to protect the interests of workers engaged in the manufacturing of merchandise procured for Mugger Slugger, and we select vendor partners who we believe share our commitment to the fair and ethical treatment of employees.

Limitations of liability
Mugger Slugger will not be liable to you whether under the law of contact, the law of torts or otherwise in relation to the contents of, or use of, or otherwise in connection with, this website:

• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Mugger Slugger has been expressly advised of the potential loss.

Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Mugger Slugger's liability in respect of any:

• death or personal injury caused by Mugger Slugger's negligence;
• fraud or fraudulent misrepresentation on the part of Mugger Slugger; or
• matter which it would be illegal or unlawful for Mugger Slugger to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Other parties
You accept that, as a limited liability entity, Mugger Slugger has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Mugger Slugger's officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Mugger Slugger's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Mugger Slugger.

Unenforceable Provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity
You hereby indemnify Mugger Slugger and undertake to keep Mugger Slugger indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Mugger Slugger to a third party in settlement of a claim or dispute on the advice of Mugger Slugger's legal advisers) incurred or suffered by Mugger Slugger arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of These Terms and Conditions
Without prejudice to Mugger Slugger's other rights under these terms and conditions, if you breach these terms and conditions in any way, Mugger Slugger may take such action as Mugger Slugger deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation
Mugger Slugger may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment
Mugger Slugger may transfer, sub-contract or otherwise deal with Mugger Slugger's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement
These terms and conditions constitute the entire agreement between you and Mugger Slugger in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with United States governing, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the State of Ohio.