Terms of Use

Last Modified: May 4, 2026

This website (“Site”) is owned and operated by Urban Armor Gear, LLC (“UAG”, “we”, “us”, or “our”). Your access to and use of this Site is governed by the following Terms of Use (including all other terms incorporated by reference herein, the “Terms of Use” or “Terms”).

By accessing or using the Site, including but not limited to making a purchase on the Site or creating an account on the Site, you expressly agree to be bound by these Terms of Use and to abide by these Terms of Use.

This Site is offered and available to users who 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with UAG. If you do not meet all of these requirements, or if you do not agree with the Terms of Use, you must not access or use the Site.

THESE TERMS INCLUDE A MANDATORY AGREEMENT TO RESOLVE ANY DISPUTES THROUGH ARBITRATION AND CLASS ACTION WAIVER. PLEASE READ THE ENTIRE TERMS OF USE CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, OR DO NOT WISH TO BE BOUND BY THESE TERMS, YOU SHOULD IMMEDIATELY CEASE ACCESSING AND USING THE SERVICES.

1. Changes to Terms of Use. We may make changes to this Site and/or these Terms of Use at any time in our sole discretion and without notice, effective immediately upon posting to the Site. It is your responsibility to review the Terms of Use for updates or changes. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

2. Access and Account Security. You are responsible for: (a) making all arrangements necessary for you to have access to the Site; and (b) ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

To access the Site and some of the resources it offers, you may be asked to provide certain registration details or other information. It is your responsibility to ensure that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy which is hereby incorporated by this reference, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to use your username, password, or other security information to provide any other person with access to this Site or portions of it. You will notify UAG immediately of any unauthorized access to or use of your username or password or any other breach of security. You will also ensure that you log out from your account at the end of each use of our Site. We may disable any username, password, or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

3. Intellectual Property. The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by UAG, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows: (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (b) you may store files that are automatically cached by your Web browser for display enhancement purposes; (c) you may print one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution; and (d) if we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not: (a) modify copies of any materials from this Site; (b) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; (c) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site; or (d) access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by UAG and its licensors. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

4. Trademarks. UAG’s name, the terms UAG and URBAN ARMOR GEAR, UAG’s logos, and all related names, logos, product and service names, designs, and slogans are trademarks of UAG or its affiliates. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

5. Prohibited Uses.Your use of the Site must be for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site: (a) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (b) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (c) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use; (d) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation; (e) to impersonate or attempt to impersonate UAG, its employees, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); (f) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm UAG or users of the Site or expose them to liability; (g) in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’’s use of the Site, including their ability to engage in real time activities through the Site; (h) use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (i) use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent; (j) use any device, software, or routine that interferes with the proper working of the Site; or (k) otherwise attempt to interfere with the proper working of the Site.

6. User Contributions. The Site may contain comment features and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site. All User Contributions must comply with these Terms of Use. Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant UAG and its affiliates and service providers, and their respective licensees, successors, and assigns a perpetual, irrevocable, royalty-free, transferable right and license to use, reproduce, modify, publish, perform, display, distribute, delete and otherwise disclose to third parties any User Contribution for any purpose throughout the world in any media, including through social media. You also grant us the right to use the name and social media handle that you use when you share content with us in connection with that content. When you share any User Contributions with us, you will disclose any affiliation you have.

You represent and warrant that: (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above; (b) all of your User Contributions do and will comply with these Terms of Use, including the Content Standards set forth in Section 8; and (c) you understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not UAG, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

7. Monitoring and Enforcement; Termination. We have the right (but not the obligation) to (a) remove or refuse to post any User Contributions for any or no reason in our sole discretion; (b) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; and (e) terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.

We cannot review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.

8. Content Standards. These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not: (a) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (b) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (c) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (d) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy; (e) be likely to deceive any person; (f) promote any illegal activity, or advocate, promote, or assist any unlawful act; (g) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; (h) impersonate any person, or misrepresent your identity or affiliation with any person or organization; (i) involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or (j) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

9. Copyright Infringement. We take claims of copyright infringement seriously. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the accounts of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to our designated agent:

Urban Armor Gear, LLC

Attn: DMCA Agent

28202 Cabot Road, Suite 300

Laguna Niguel, CA 92677

Phone: (949) 395-2314

Email: webmaster@urbanarmorgear.com

10. Links. If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We do not monitor or review the content of other parties’ websites which are linked from this Site. Opinions expressed or materials appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other website connected to this Site or accessed through this Site yourself, before disclosing any personal information to them. UAG will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

11. Linking to Site. You may not create a link to any page of this Site without our prior written consent. If you do create a link to a page of this Site you do so at your own risk and the exclusions and limitations set forth in these Terms of Use will apply to your use of this Site by linking to it.

12. Restrictions. The owner of the Site is based in the state of California in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

13. Purchases. All purchases through our Site or other transactions for the sale of goods or services formed through the Site or resulting from visits made by you are governed by these Terms of Use. Products purchased through the Site and shipped to an address in the United States are also governed by our Limited Lifetime Warranty and our Returns Policy, which are each hereby incorporated by reference.

We have made every effort to represent the attributes of the products we sell on the Site in a realistic way and display the product as it would appear in reality. However, variations in individual computer monitors may affect the accuracy of how the product is portrayed. We do not warrant that products will be accurately displayed on your computer equipment or that product descriptions or any other content is accurate, complete, or error free. Prices and promotions are subject to change, and may vary from those offered elsewhere. We cannot confirm the availability or price of an item until you place your order. Despite our best efforts, sometimes an item in our range may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order.

We will charge your payment method for an item when we ship the item to you; provided, however, that we will preauthorize your order amount (including for pre-orders) with your payment method at the time you place the order, which may have an effect on your available credit line. If a preauthorization of a pre-order expires before fulfillment, the preauthorization will be reversed and another preauthorization will be made closer to the confirmed availability date. Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, cancel, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the email address you provide to us. If we cancel an order or part of an order that we’ve already charged you for, we’ll refund you the full amount of the canceled portion of the order within 10 business days. Orders are eligible to be returned up to 30 days from the original purchase date. Once 30 days have passed, UAG will not be able to provide a refund or exchange.

14. Disclaimer of Warranties; Limitations of Liability; Time for Filing.

14.1. EXCEPT FOR THE LIMITED LIFETIME WARRANTY(APPLICABLE ONLY TO PRODUCTS PURCHASED THROUGH THE SITE AND SHIPPED TO AN ADDRESS WITHIN THE UNITED STATES), YOUR USE OF THE SITE, ITS CONTENT, AND ANY PRODUCTS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. EXCEPT FOR THE LIMITED LIFETIME WARRANTY (APPLICABLE ONLY TO PRODUCTS PURCHASED THROUGH THE SITE AND SHIPPED TO AN ADDRESS WITHIN THE UNITED STATES), THE SITE, ITS CONTENT, AND ANY PRODUCTS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER UAG NOR ANY PERSON ASSOCIATED WITH UAG MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER UAG NOR ANYONE ASSOCIATED WITH UAG REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

14.2. EXCEPT AS EXPRESSLY STATED IN THESE TERMS OF USE, TO THE FULLEST EXTENT PERMITTED BY LAW, UAG HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

14.3. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL UAG OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF THE SITE OR ANY PRODUCTS PURCHASED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, PROPERTY DAMAGE, LOSS OF VALUE OF THE PRODUCT OR ANY THIRD-PARTY PRODUCTS THAT ARE USED IN OR WITH THE PRODUCT, OR LOSS OF USE OF THE PRODUCT OR ANY THIRD-PARTY PRODUCTS THAT ARE USED IN OR WITH THE PRODUCT, EVEN IF UAG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UAG HAS NO LIABILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE OR FOR ANY DAMAGE OR DESTRUCTION TO CONSUMER ELECTRONICS DEVICES OR OTHER PERSONAL PROPERTY THAT ARE IN THE PRODUCTS (E.G. LAPTOPS, CELL PHONES, MP3 PLAYERS, DVD PLAYERS OR HANDHELD DEVICES) OR ANY LOSS OF DATA CONTAINED IN THE FOREGOING DEVICES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), THE ENTIRE AGGREGATE LIABILITY OF UAG AND ITS AFFILIATES AND SUPPLIERS SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PARTICULAR PRODUCT UNIT THAT IS ALLEGED TO HAVE CREATED LIABILITY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

14.4. THE TERMS OF SECTIONS 14.1-14.3 DO NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14.5. YOU AGREE THAT ANY CLAIM AGAINST UAG MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

15. Indemnification. You agree to defend, indemnify, and hold harmless UAG, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Contributions, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use.

16. Choice of law, mandatory arbitration, and venue

16.1. Governing Law / Jurisdiction. These Terms of Use (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state of California, United States of America, without regard to choice or conflicts of law principles. Further, you and UAG agree to the jurisdiction of the state and federal courts located within the County of Orange, State of California, to resolve any dispute, claim, or controversy that relates to or arises in connection with these Terms of Use (and any non-contractual disputes/claims relating to or arising in connection with them) and is not subject to mandatory arbitration under Section 16.2.

16.2. Dispute Resolution by Binding Arbitration. The terms of this Section 16.2 apply only to users in the United States.

FOLLOW THE INSTRUCTIONS BELOW, IN SECTION 16.2.10, IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS AGREEMENT.

16.2.1 Claims This Section Applies To. The dispute resolution and binding arbitration terms in this Section 16.2 (the “Agreement”) apply to all Claims between you and UAG. A “Claim” is any dispute, claim, or controversy (excluding those exceptions listed below) between you and UAG, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that either party wishes to seek legal recourse for and that arises from or relates to these Terms, or the Services, including any privacy or data security claims or claims related to the validity, enforceability, or scope of the arbitration requirement or any portion of it.

16.2.2. Informal Dispute Resolution Prior to Arbitration. If you have a Claim against UAG or if UAG has a Claim against you, you and UAG will first attempt to resolve the Claim informally in order to try and resolve the Claim faster and reduce costs for both parties. You and UAG will make a good-faith effort to negotiate the resolution of any Claim for 45 days, or such longer period as mutually agreed in writing (email suffices) by the parties, (“Informal Resolution Period”) from the day either party receives a written notice of a dispute from the other party (a “Claimant Notice”) in accordance with this Agreement.

You will send any Claimant Notice by certified mail addressed to Urban Armor Gear, LLC, Attention: Customer Team, 1601 Alton Parkway Suite C, Irvine, CA 92677. UAG will send any Claimant Notice to you by certified mail or email using the contact information you have provided to UAG. The Claimant Notice sent by either party must (1) include the sender’s name, address, email address, and telephone number; (2) state the facts and circumstances that describe the nature and basis of the Claim; (3) set forth the specific relief sought and the facts supporting such relief; and (4) include your handwritten signature or the handwritten signature of an UAG employee, as applicable, depending on which party is initiating the Claim. A Claimant Notice shall be individualized such that it may only pertain to you and you alone, and may not be combined with a Claimant Notice by any other customer or user of the Services.

During the Informal Resolution Period and before we may commence arbitration of a dispute, we agree to meet and confer by telephone or by videoconference in a good faith effort to resolve the dispute informally (the “Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the Informal Dispute Resolution Conference, but you must also personally participate in the Informal Dispute Resolution Conference.

The party initiating the dispute agrees to provide a notice of intent to initiate the Informal Dispute Resolution Conference (“Notice of Conference”) as follows: the Notice of Conference must include the following information: Your name, telephone number, mailing address, e‐mail address associated with your account (if you have one), the name, telephone number, mailing address, and e‐mail address of your counsel (if any), and whether you intend to have the conference by telephone or by videoconference. The Notice of Conference must be mailed to UAG by certified mail return receipt requested to Urban Armor Gear, LLC, Attention: Customer Team, 1601 Alton Parkway Suite C, Irvine, CA 92677.

A Notice of Conference shall be individualized such that it may only pertain to you and you alone, and may not be combined with a Notice of Conference by any other customer or user of the Services. A customer or user of the Services may, but is not required to, combine in one mailing a Claimant Notice and a Notice of Conference.

The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. You or UAG cannot proceed to arbitration before the end of the Informal Resolution Period. If you or UAG file a Claim in court or proceed to arbitration without complying with the requirements in this Section 16.2, including waiting until the conclusion of the Informal Resolution Period, the other party reserves the right to seek relief from a court to enjoin the filing and seek damages from the party that has not followed the requirements in this Section 16.2 to reimburse it for any arbitration fees and costs already incurred as a foreseeable consequence of that breach.

The statute of limitations and any filing fee deadlines for a Claim will be tolled for the duration of the Informal Resolution Period for that Claim so that the parties can engage in this informal dispute-resolution process.

16.2.3 Claims Subject to Binding Arbitration. Exceptions. Except for individual disputes that qualify for small claims court (provided that the small claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property or intellectual property rights of you or UAG, including any disputes in which you or UAG seek injunctive or other equitable relief for the alleged unlawful use of your or UAG’s intellectual property or other infringement of your or UAG’s intellectual property rights (“IP Claims”), all Claims, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 16.2.2 will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.

16.2.4 Binding Individual Arbitration. The sending of a Claimant Notice and the completion of an Informal Dispute Resolution Conference are conditions precedent to our respective right to commence arbitration. Accordingly, if, but only if, we are unable to resolve a dispute within 30 days after the Informal Dispute Resolution Conference is completed, we may commence arbitration pursuant to the procedures in this Agreement. No arbitration may commence or proceed until the requirements set forth in Section 16.2.2 (above) are fully satisfied.

The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association, as modified by this Agreement, and will be administered by the AAA. If the AAA is unavailable or refuses to arbitrate the parties’ dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. If the parties cannot agree to a mutually agreeable arbitration organization, one shall be appointed pursuant to Section 5 of the Federal Arbitration Act. In all events, the AAA Rules shall govern the parties’ dispute. The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. The AAA Rules may change from time to time, and you should review them periodically.

The arbitrator shall be bound by the terms of this Agreement and shall follow the applicable law. In this regard, the arbitrator shall not have the power to commit errors of law or legal reasoning, and any award rendered by the arbitrator that employs an error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error.

This Agreement affects interstate commerce, and the enforceability of this Section 16.2 will be substantively and procedurally governed by the FAA to the extent permitted by law. As limited by the FAA, this Agreement, and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or UAG to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence).

We agree that, by entering into this Agreement, we are each waiving the right to a trial by jury or to participate in a class action to the maximum extent permitted by law.

16.2.5 Arbitration Procedure and Location. You or UAG may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing a demand for arbitration with AAA in accordance with the AAA Rules.

Instructions for filing a demand for arbitration with AAA are available on the AAA website or by calling the AAA at 1-800-778-7879. You will send a copy of any demand for arbitration by certified mail addressed to Urban Armor Gear, LLC, Attention: Customer Team, 1601 Alton Parkway Suite C, Irvine, CA 92677. UAG will send any demand for arbitration to you by certified mail or email using the contact information you have provided to UAG.

The arbitration will be conducted by a single arbitrator in the English language. You and UAG both agree that the arbitrator will be bound by this Agreement.

Unless the parties agree in writing, any arbitration hearings will take place in the county (or parish) of your billing address.

At either party’s election, arbitration of any dispute shall proceed pursuant to the Desk Arbitration rules of the AAA, unless both parties are represented by counsel.

Prior to the appointment of a merits arbitrator, either party may request the appointment of a process arbitrator to determine: (i) whether the conditions precedent set forth in Section 16.2.2 have been satisfied; (ii) whether AAA’s filing requirements have been satisfied; (iii) the applicable arbitration agreement; (iv) the applicable AAA rules that apply; (v) the allocation of payment advances on administrative fees, arbitrator compensation, and/or expenses; (vi) any other issue agreed to be addressed by the process arbitrator; and (vii) any other issue regarding the administration of the arbitration.

If the process arbitrator makes an initial determination that the dispute is frivolous or brought in bad faith, it shall allocate all AAA and arbitrator fees and expenses to the party who initiated the arbitration. If the merits arbitrator subsequently determines that the claims were not frivolous, UAG will reimburse any AAA filing, administration and arbitrator fees that were paid by you.

If the merits arbitrator finds that a dispute is frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the prevailing party shall recover all fees paid to AAA and, at the arbitrator’s discretion, an award of reasonable attorney’s fees and costs.

16.2.6. Arbitration Fees. After UAG receives notice that you have commenced arbitration, UAG will promptly reimburse you for your payment of the filing fee. If you are unable to pay this fee, UAG will pay it directly upon receiving a written request from you. Except as otherwise provided for herein, UAG will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the terms of this Agreement.

16.2.7 Offers of Settlement. Either party may, but is not obligated to, make a written settlement offer for a Claim. If an arbitration decision or award is later issued that is less favorable to a party than the latest written offer of settlement that party did not accept, that party must pay all costs and fees—including arbitration, attorney, and expert fees—incurred by the other party after the written settlement offer was made. The terms of any settlement offer may not be disclosed to an arbitrator until after the arbitrator issues a decision or award on the Claim.

16.2.8 Confidentiality. If you or UAG submits a Claim to arbitration, you and UAG agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of discovery in the arbitration. You and UAG agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.

16.2.9. Mass Arbitration. WE AGREE THAT IN THE EVENT THAT MASS ARBITRATION IS ATTEMPTED OR SOUGHT, SUCH ARBITRATION SHALL BE ADMINISTERED PURSUANT TO THE FOLLOWING RULES.

16.2.9(a). “Mass Arbitration” means 25 or more arbitration demands that: (i) are filed within 180 days of each other, (ii) allege similar or identical claims or causes of action, and (iii) either (a) the parties to those arbitration demands seek to simultaneously or collectively administer and/or arbitrate together, or (b) are filed by the same counsel or in coordination with each other.

16.2.9(b). In the event that Mass Arbitration is attempted or sought involving 250 arbitration demands or less, we agree the arbitration provider shall: (i) group the arbitration demands into batches of no less than 25 arbitration demands per group; and (ii) provide for resolution of each group or batch as a single arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch.

16.2.9(c). In the event that Mass Arbitration is attempted or sought involving over 250 arbitration demands, we agree that the arbitration provider shall: (i) group the arbitration demands into batches of no less than 250 arbitration demands per group; and (ii) provide for resolution of each group or batch as a single arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch.

16.2.9(d). All Mass Arbitration shall be subject to all other substantive and procedural terms contained within this Agreement.

16.2.9(e). We agree to cooperate in good faith with the arbitration provider to implement the aforementioned protocol for Mass Arbitration with regard to resolution, fees, and administration.

16.2.9(f). If any part of this Section 16.2.9 related to Mass Arbitration is found to be unenforceable, the unenforceable portion shall be stricken, and the remainder of this Section 8(I) and this Agreement shall be enforced to the maximum extent permitted by law.

16.2.9(g). If the arbitration provider is unwilling or unable to follow the procedures set forth in this Section 16.2.9 with regard to Mass Arbitration, the parties may attempt to retain a different, mutually agreeable and widely-recognized arbitration organization that will agree to follow the procedures set forth in this Section 16.2.9. In the event that the parties are unable to retain or agree to such an alternative arbitration provider, the alternative dispute resolution provisions set forth in this Agreement shall not apply to those disputes within the Mass Arbitration.

16.2.10. Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted this Agreement by contacting us via certified mail addressed to Urban Armor Gear, LLC, Attention: Customer Team, 1601 Alton Parkway Suite C, Irvine, CA 92677. To be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration in order to be valid. By not opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 16.2.

16.2.11. Rejection of Future Arbitration Changes. You may reject any change we make to Section 16.2 (except address changes) by sending us notice of your rejection within 30 days of the change Agreement by contacting us via certified mail addressed to Urban Armor Gear, LLC, Attention: Customer Team, 1601 Alton Parkway Suite C, Irvine, CA 92677. Changes to Section 16.2 may only be rejected as a whole, and you may not reject only certain changes to Section 16.2. If you reject changes made to Section 16.2, the most recent version of Section 16.2 that you have not rejected will continue to apply.

16.2.12. Severability. If any portion of this Section 16.2 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (1) the unenforceable or unlawful provision will be severed from this Agreement; (2) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 16.2 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 16.2; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction, in accordance with this Agreement, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 16.2 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 16.2 will be enforceable.

16.2.13 Delegation. All issues are for the arbitrator to decide including, but not limited to, (1) all issues regarding arbitrability, (2) the scope and enforceability of this arbitration provision as well as the Agreement’s other terms and conditions, (3) whether you or UAG, through litigation conduct or otherwise, waived the right to arbitrate, (4) whether all or any part of the arbitration provision or Agreement is unenforceable, void or voidable including, but not limited to, on grounds of unconscionability, (5) any dispute regarding the payment of arbitration-related fees, (6) any dispute related to the Claimant Notice, Notice of Conference and/or Informal Dispute Resolution Conference, and (7) any dispute related to Mass Arbitration (defined above).

Pursuant to this Agreement, the arbitrator has been delegated with, and possesses, exclusive authority to resolve all of the above-enumerated types of disputes. However, if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, the court shall have the power to decide whether this agreement permits class or representative proceedings.

17. Miscellaneous.

17.1. Waiver and Severability. No waiver by UAG of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of UAG to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

17.2. Entire Agreement. The Terms of Use and all other documents incorporated by reference constitute the sole and entire agreement between you and UAG regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

17.3. Assignment; Change of Control. You may not assign your rights or obligations under these Terms of Use, whether in whole or in part, without UAG’s prior written consent. Any attempt to assign in violation of this Section is void in each instance. UAG may freely assign its rights or obligations under these Terms of Use without restriction or prior written consent from you.

17.4. Relationship of the Parties. Nothing in these Terms of Use will be construed to create a partnership, joint venture, agency, employment or any other relationship between you and UAG.

17.5. Notices. Communications made by e-mail or though this Site shall in no way be deemed to constitute legal notice to UAG regarding any existing or potential claim, or cause of action against us or any of our divisions, subsidiaries, affiliated companies, officers, employees, agents, or representatives, where notice is required by any federal, state or local laws, rules or regulations. We may send notices to you at the most recent address(es) we have in our files. Notices to UAG may be sent as follows:

Urban Armor Gear, LLC

Attention: Customer Team

1601 Alton Parkway Suite C

Irvine, CA 92677

Email: legal@urbanarmorgear.com