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. The terms Octane Products Inc., ROCKSTAR Sports, ROCKSTAR Tactical, ROCKSTAR Tactical Systems and www.rockstartactical.com refer to the same business entity. We reserve the right to make changes to our terms and conditions as we see fit. The terms and conditions described in this section supercede any agreement made through correspondence between you and any agent of ROCKSTAR Tactical Systems.
Age Requirement
You must be at least 18 years old to purchase. Anyone under the age of 18 who wishes to purchase must do so through a parent or legal guardian.
Sale of Paintball Items
It is the responsibility of the customer to acknowledge and follow any local or regional laws associated with the sale and/or use of any paintball related merchandise sold by ROCKSTAR Tactical Systems. Only display and use paintball related products in areas designated for paintball play. Follow all laws associated with the storing of paintball related items during transit.
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 ROCKSTAR Tactical Systems. The collective work includes works that are licensed to ROCKSTAR Tactical Systems. Copyright 2003, ROCKSTAR Tactical Systems 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 ROCKSTAR Tactical Systems or purchasing ROCKSTAR Tactical Systems 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 ROCKSTAR Tactical Systems or to purchase ROCKSTAR Tactical Systems 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 ROCKSTAR Tactical Systems. 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 ROCKSTAR Tactical Systems used in the site are trademarks or registered trademarks of ROCKSTAR Tactical Systems. Other product trademarks or registered trademarks are the property of their respective owners. Unauthorized use is strictly prohibited.
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, ROCKSTAR Tactical Systems disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. ROCKSTAR Tactical Systems 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. ROCKSTAR Tactical Systems 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
ROCKSTAR Tactical Systems 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 ROCKSTAR Tactical Systems 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 ROCKSTAR Tactical Systems product is mistakenly listed at an incorrect price, ROCKSTAR Tactical Systems reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. ROCKSTAR Tactical Systems 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, ROCKSTAR Tactical Systems 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 ROCKSTAR Tactical Systems 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
ROCKSTAR Tactical Systems 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 ROCKSTAR Tactical Systems.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Pennsylvania, 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 ROCKSTAR Tactical Systems products) shall be in the state or federal courts located in Allegheny County, Pennsylvania. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of ROCKSTAR Tactical Systems products) must be commenced within one (1) year after the claim or cause of action arises. ROCKSTAR Tactical Systems'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. ROCKSTAR Tactical Systems 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 ROCKSTAR Tactical Systems 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
ROCKSTAR Tactical Systems 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, ROCKSTAR Tactical Systems 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, ROCKSTAR Tactical Systems 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 ROCKSTAR Tactical Systems in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless ROCKSTAR Tactical Systems, 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, ROCKSTAR Tactical Systems may link to sites operated by third parties. However, even if the third party is affiliated with ROCKSTAR Tactical Systems, ROCKSTAR Tactical Systems has no control over these linked sites, all of which have separate privacy and data collection practices, independent of ROCKSTAR Tactical Systems. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, ROCKSTAR Tactical Systems 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).
Payment Information
Using a 'shipping address' different than the billing address associated with your credit card will cause your order to take longer to process or a cancellation to occur. Billing and shipping addresses that do not match will require verification before order processing unless previously authorized by one of our personnel. This is done to protect all parties against fraudulent transactions. If you would like to have your order shipped to an address other than your billing address, you must call your credit card company and have that address added to your account. We will then need to verify with your card company that the shipping address is a confirmed address.
We may also require an emailed copy of the credit card along with the customer's signature be sent to us. Failure to provide a scanned email copy of the credit card and/or card holder signature will result in cancellation of the order. We will reach out to you with specific procedures for emailing a copy of the card.
We also reserve the right to cancel any order that uses payment/shipping information that we cannot verify or uses an invalid email or phone number.
Sales Tax
We are located in Allegheny County, Pennsylvania. Pennsylvania state tax is an origin tax, not a destination tax. Therefore all PA orders are subject to the tax rate of the location of the seller, not the address of the buyer. State sales tax is 6%, but Allegheny adds a 1% tax rate. We are obligated to charge 7% sales tax regardless if the buyer lives in an area where 6% is required or in Philadelphia where 8% is required. PA law also dictates that shipping fees be taxed at the same rate as taxable merchandise.
PA does have a sales tax exemption status for certain products such as clothing. Clothing must be casual, not purchased specifically to engage in a certain activity such as a sport. Therefore, certain types of clothing (like paintball pants and jerseys) are still taxable at the standard 7% rate.
Credit Card Fraud
Credit Card fraud will not be tolerated. Criminal charges will be filed against any individual involved in any transaction believed to be illegal. We reserve the right to share any personal information submitted to us with the proper authorities if we believe this information is involved in illegal activity with our company or elsewhere on the Web. We prosecute regardless of the amount of the transaction in question. We have a zero tolerance policy regarding credit card fraud. We will seek prosecution for ANY charge in question regardless of value or circumstance.
Shipping Fees and Shipping Transit Time
Shipping fees are never refundable. We do not guarantee the delivery time of any order shipped through any available carrier. Please place your order well in advance of when you need it. Transit times listed on the website or provided through email or phone are estimates only.
High Value Ordering
Orders of significant value, typically $300 and up, may require a phone authorization with the customer before the order will go to processing. This authorization must be done over the phone and is performed to verify that the customer did personally authorize and fully accepts the charge to his/her card. This protects both the credit card owner, as well as our company, from unauthorized charges regardless of the billing address and credit card information submitted. We may also need to contact you to gather more information off your card for clearance through our card processor. Your order will not ship until these procedures are complete and the charge has been cleared.
Substitution Policy
On very rare occasions, it may be necessary for us to substitute similar items purchased on our Website to expedite order processing. In the event that a substitution is necessary, we use the following guidelines: We do not substitute the color or model of main or big ticket items such as, but not limited to: Paintball Guns, Airguns, Airsoft Rifles, Barrels, Goggles, Harnesses or E-Loaders etc. Items that are substituted are considered 'accessory items' or items individually sold for under $10.00. This includes items such as, but not limited to: Pods, Lanyards, Threadsavers, Gun Oil etc. Most situations where a substitution is necessary involves a color swab. Example: You order a gun package deal that includes a black thread saver and you receive a gold or silver thread saver in your package. We may have substituted the color to expedite the processing of your order. All subsitutions will be for similar items of equal or greater value. We always take into consideration your first color choice and make every effort to fill your order accordingly.
Shipping to Freight Forwarding Companies
We do not ship to Freight forwarding companies. If your shipping address is to a Freight Forwarding Company your order will be cancelled and payment refunded.
International Shipping Terms
Currently the only country we ship to outside the US is Canada. We will be adding more countries as we explore more shipping carriers to assure safe, expedited shipping that offers a reasonable cost to our customers abroad.
Please read the following international shipping terms and conditions BEFORE purchasing. If you are outside the US, you are bound by the following terms and conditions. By purchasing at www.rockstartactical.com, you have read and agreed to the following terms.
ROCKSTAR Tactical Systems does not ship paintballs into Canada. If your order consists of a paintballs, the item(s) will be removed from your order and an updated invoice will be sent to you. If your order ONLY consists of restricted items, your order will be cancelled.
It is the responsibility of all international customers to understand and adhere to any and all regulations regarding the importation, ownership and use of paintball related items in your specific location. By ordering, it is agreed that you have read and understood the laws governing these activities and are acting accordingly and within the scope of applicable laws.
Should an issue arise with a customs agency, it is the RESPONSIBILITY OF THE CUSTOMER to work with that agency through the customs process.
www.rockstartactical.com is NOT responsible for any item detained or seized by a customs related agency. ROCKSTAR Tactical Systems will NOT issue a refund or replacement on any order or item detained, either temporarily or permanently, by a customs (shipping) related agency.
There is a strong likelihood that fees (including but not limited to brokerage fees, duty fees, customs fees and international tariff fees) could apply to your purchase. Payments of such fees are required at delivery and due to the shipping carrier. These fees are NOT included or covered by the shipping costs associated with your purchase at www.rockstartactical.com.
It is the responsibility of the customer to pay all fees regarding the shipping and importation of any order. ROCKSTAR Tactical Systems will not be responsible for any package refused at delivery nor the shipping costs associated with refused and/or returned orders. Any item refused and returned to ROCKSTAR Tactical Systems will have ALL FEES regarding its return deducted from the refund amount in additional to standard restocking fees.
By placing an International order, you agree to the Terms and Conditions binding all purchases made at www.rockstartactical.com.