Terms of service
Terms of Service
Shadow and Shield
Last updated: August 13, 2026
These Terms of Service ("Terms") govern your access to and use of www.shadowandshield.com (the "Site") and your purchase or use of products, software, subscriptions, digital downloads, training, and other services offered by daarc, Inc., a Delaware corporation doing business as Shadow and Shield ("daarc," "Shadow and Shield," "we," "us," or "our").
Our online store is hosted by Shopify, which provides the ecommerce platform through which we offer our products and services.
By accessing the Site, creating an account, submitting an order, downloading or using software, or using a product or service, you agree to these Terms and the policies incorporated into them. If you purchase on behalf of a business, government agency, or other organization, you represent that you have authority to bind that organization.
If you do not agree to these Terms, do not use the Site or submit an order.
PLEASE READ SECTION 22 CAREFULLY. IT CONTAINS AN ARBITRATION AGREEMENT AND CLASS-ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS.
1. Eligibility and authority
You must be at least 18 years old and legally capable of entering a binding contract to make purchases through the Site.
If you submit an order or request on behalf of an organization, you represent that you are authorized to act for that organization and that the information you provide is accurate.
2. Customer accounts and information
You may need a customer account to access certain features. You are responsible for maintaining the confidentiality of your account credentials and for activity conducted through your account. You may not sell, assign, license, or transfer your account to another person.
You represent that all account, contact, billing, shipping, payment, and organization information you provide is accurate, current, and complete and that you have the right and authority to provide it. You agree to update that information when necessary so we can process transactions and communicate with you.
Notify us promptly at hello@shadowandshield.com if you suspect unauthorized access. We may suspend or terminate an account used unlawfully, fraudulently, or in violation of these Terms.
3. Lawful and authorized use
Shield-399 is a technical toolkit capable of acquiring, analyzing, copying, preparing, and irreversibly sanitizing storage media.
You are solely responsible for:
- Obtaining all permissions, warrants, consents, licenses, and other legal authority required for your work;
- Confirming that you are authorized to access, acquire, process, copy, analyze, modify, or sanitize the selected media;
- Correctly identifying source, destination, and utility media;
- Maintaining appropriate backups;
- Reviewing target information before authorizing a destructive operation;
- Following the evidence-handling, security, retention, validation, and documentation procedures applicable to your organization; and
- Using an external hardware write blocker whenever required by law, policy, procedure, accreditation, or the circumstances of a particular matter.
You must not use the Site or our products to access data or systems without authorization, violate another person's rights, interfere with lawful operations, or violate applicable law.
4. Products, pricing, promotions, and availability
We work to describe product configurations, compatibility, included items, pricing, and availability accurately. Product photographs are illustrative. Appearance, finish, color, packaging, and third-party components may vary within the specifications disclosed for the applicable configuration. Screen and device settings can also affect how product colors and appearance are displayed.
Technical results depend on factors that may be outside our control, including the condition of the media, supported interfaces, adapters, device firmware, filesystems, encryption, configuration, operating environment, and selected workflow.
We may correct errors or omissions, update product information, limit quantities, discontinue an offer, or cancel an order affected by a material pricing, configuration, description, or availability error. If a pricing error affects an order, we may offer the option to proceed at the correct price or cancel the affected item for a full refund. If we cancel a paid order, we will refund the canceled amount to the original payment method.
All prices are stated in U.S. dollars unless expressly indicated otherwise. The price charged will be the price disclosed when the order is submitted. Applicable taxes and shipping charges, if any, are displayed before the order is submitted.
Promotions and discount codes are subject to their stated terms, cannot be combined unless expressly permitted, have no cash value, and may be modified or withdrawn before use. If specific promotion terms conflict with these Terms, the promotion terms control for that promotion. We may cancel an order involving fraudulent or unauthorized use of a promotion or discount code.
Unlisted products may be available only through a configuration or purchase path provided by us. Unlisted status does not create a right to purchase a product outside that path.
5. Orders and acceptance
Your order is an offer to purchase. An automated confirmation acknowledges receipt of the order but does not necessarily mean that we have accepted it.
We may verify payment, inventory, configuration, shipping eligibility, purchase authority, and suspected fraud before accepting an order. We may reject or cancel an order for a legitimate business or legal reason, including:
- A material pricing or description error;
- An unavailable or unsupported configuration;
- Payment failure;
- Suspected fraud or unauthorized payment;
- An unsupported delivery address;
- A sanctions or export-control concern; or
- A violation of these Terms.
An order is accepted when we expressly confirm acceptance, begin custom fulfillment, ship the physical product, or deliver the purchased service or software entitlement, whichever occurs first.
Please review your order carefully before submitting it. After an order is accepted or custom fulfillment begins, we may be unable to accommodate a cancellation or configuration change except as provided by our Return and Refund Policy or applicable law.
If we decline or cancel an order after collecting payment, we will refund the affected amount to the original payment method.
6. Payments
Payments are processed through Shopify and the payment providers displayed at checkout. By submitting payment information, you represent that you are authorized to use the selected payment method and authorize the applicable charges, including disclosed taxes and shipping charges.
You agree to provide current, complete, and accurate billing and payment information and to promptly update information needed to complete a transaction or contact you about it.
We do not directly store complete payment-card numbers. Payment processors independently handle payment information under their own terms and privacy policies.
We may use fraud-prevention tools, require additional verification, delay fulfillment while reviewing a transaction, or cancel a transaction we reasonably believe is unauthorized or fraudulent.
7. Organizational purchases, quotes, and purchase orders
Government, agency, institutional, and other organizational purchases may be subject to an accepted written quote, purchase order, or separately signed agreement.
If a separately signed agreement expressly conflicts with these Terms, the signed agreement controls for that purchase. An organization's purchase order does not modify these Terms merely because it contains additional or conflicting boilerplate unless we expressly accept those terms in writing.
8. Shipping and delivery
We currently ship online orders only to eligible addresses within the United States.
Order processing, available shipping methods, charges, tracking, delivery estimates, address corrections, risk of loss, and procedures for damaged or missing shipments are governed by our Shipping Policy, which is incorporated into these Terms.
Delivery dates are estimates unless we expressly agree in writing to a guaranteed date. We are not responsible for carrier delays, severe weather, service interruptions, or other events outside our reasonable control, subject to the cancellation and refund rights stated in our Shipping Policy and applicable law.
You are responsible for providing a complete, secure, and accurate shipping address and for being available for any required delivery signature.
9. Returns, cancellations, and refunds
Returns, cancellations, and refunds are governed by our Return and Refund Policy, which is incorporated into these Terms.
That policy includes:
- The 60-Day Acceptance Guarantee for eligible Shield-399 Founding Edition and Shield-399 Custom Configuration purchases;
- Return-authorization requirements;
- The separate return period for standalone accessories;
- Conditions applicable to incomplete or damaged returns;
- The treatment of software purchases, subscriptions, and renewals; and
- Cancellation and rescheduling terms for training services.
Before returning a Shield-399 unit, you must follow the return-authorization and factory-reset instructions we provide. Do not send source drives, evidence media, customer-owned storage media, credentials, classified information, or confidential case materials with a return.
We are not responsible for customer media or data included with a return contrary to these instructions.
10. Shield-399 Founding Edition
The Shield-399 Founding Edition is a limited offer of ten units. The offer closes when the tenth Founding Edition unit ships or on December 31, 2026, whichever occurs first.
Each Founding Edition unit includes the hardware, case, accessories, warranty, software term, and training benefits listed in the Founding Edition offer at the time of purchase.
A Founding Edition unit includes 64 GB of RAM unless the 96 GB RAM upgrade is purchased for that unit. The number of Founding Edition RAM upgrades cannot exceed the number of eligible Founding Edition units in the same order.
Final case, chassis color, and training-scheduling details are collected after purchase. If a requested case or color is unavailable, we will offer an available supported substitute. If you do not accept the substitute, you may cancel the affected unshipped unit for a full refund.
The Founding Edition includes one year of software updates, bug fixes, security fixes, and applicable subscription benefits beginning on the original purchase date.
The first two annual renewals, covering years two and three, are available for $999 per year for each qualifying Founding Edition unit. These renewals are manual. We will not automatically charge a renewal unless the customer later enrolls in and expressly authorizes a separate recurring-payment arrangement.
The currently planned standard renewal price after the Founding Edition renewal period is $1,499 per year. That planned future price is provided for informational purposes and is not a current charge or a guarantee that future pricing or plans will remain unchanged.
Any reference to a planned Shield Companion license concerns a product that has not yet been released commercially. It does not promise a release date and has no separately assigned cash value. Eligibility is associated with the qualifying Founding Edition unit and remains subject to the activation conditions stated in the offer.
11. Software licenses, downloads, updates, and transfers
Software made available by Shadow and Shield is licensed, not sold. Purchasing or downloading software does not transfer ownership of the software or its intellectual property.
Software supplied with a Shield-399 unit
Subject to payment and compliance with these Terms, daarc grants a limited, non-exclusive license to use software supplied with a Shield-399 unit. The software may be used with that unit for the purchaser's lawful personal, professional, commercial, institutional, or governmental operations.
The software license stays with the associated Shield-399 unit. If ownership of the unit is lawfully transferred:
- The transferor must remove its accounts, credentials, customer data, and evidence-related information;
- The transferor must not retain unauthorized copies of the software;
- The transferee must accept the then-applicable software terms; and
- Any unused portion of a prepaid software term transfers with the unit.
Promotional renewal pricing, personal training benefits, support relationships, and other purchaser-specific benefits do not transfer unless the applicable offer expressly states otherwise or we agree in writing.
Software-only products and downloads
We may offer software-only products for installation on customer-provided computers or other supported devices.
Each software-only purchase grants the purchaser a limited, non-exclusive, non-sublicensable license to install and use the software according to the device, user, organization, subscription, and usage limits disclosed on the product page, during checkout, or in license terms supplied with the product.
Unless the applicable product terms expressly permit a transfer, a software-only license is non-transferable and may not be resold, assigned, sublicensed, leased, shared with an unaffiliated person or organization, or transferred to another device beyond the permitted device limit.
Software-only products may be delivered by download link, account access, license credential, activation entitlement, installer, or another electronic method stated at purchase. Electronic delivery is complete when the download, credential, entitlement, installer, or access instructions are made available to the email address or customer account associated with the order.
Because access to a software-only product or license can be provided immediately, software-only purchases are nonrefundable once electronic delivery or access has occurred, except where required by law or where we are unable to provide the purchased software or entitlement.
Before purchasing, you are responsible for reviewing the disclosed operating-system, hardware, storage, network, and compatibility requirements. Incompatibility with a device or environment that does not satisfy those disclosed requirements does not create a right to a refund.
If an installer or download supplied by us is corrupted, inaccessible, or materially different from the product ordered, contact hello@shadowandshield.com. We will make reasonable efforts to restore access, replace the affected file or entitlement, or provide another remedy required by applicable law.
License restrictions
Unless expressly permitted by the applicable product terms or applicable law, you may not:
- Copy or distribute software except for an authorized backup;
- Exceed the purchased device, workstation, user, seat, or organization limit;
- Sell, sublicense, lease, rent, or commercially host the software;
- Provide the software as a service to an unaffiliated third party;
- Share activation credentials or license keys outside the licensed organization;
- Bypass license, authentication, subscription, or access controls;
- Remove proprietary notices; or
- Reverse engineer, decompile, or disassemble the software except to the limited extent applicable law expressly permits despite this restriction.
Updates and expiration
The software version installed at the end of a paid subscription term may continue to operate with its then-existing licensed functionality. When the subscription expires, access to later updates, security fixes, support benefits, and newly released features ends unless the subscription is renewed or the applicable feature is purchased separately.
We may modify or retire functionality when reasonably necessary for security, legal compliance, hardware compatibility, third-party compatibility, or ongoing product maintenance.
Third-party and open-source software components remain subject to their applicable licenses. Those licenses control if they conflict with this section for the relevant component.
12. Manual software renewals
Software renewals are not automatic unless you separately enroll in a recurring-payment plan and expressly authorize recurring charges.
Before a manual renewal, we will disclose the renewal term, price, included benefits, and payment requirements. No renewal charge will occur merely because a stored payment method exists.
Unless required by law or stated otherwise in the applicable offer, a software renewal is nonrefundable after the renewed term begins.
13. Limited two-year hardware warranty
Warranty provider and coverage
daarc, Inc. provides a limited two-year hardware warranty for the covered Shield-399 unit. The warranty transfers with the unit to each lawful subsequent owner for the remainder of the original two-year warranty period. A transfer does not restart or extend the warranty period, which begins on the date the unit was delivered to the original purchaser. A subsequent owner may be required to provide the unit serial number and reasonable documentation of the lawful transfer when requesting warranty service.
It covers defects in materials and workmanship affecting:
- The Shield-399 hardware unit;
- Internal components installed by daarc as part of the purchased configuration; and
- Installed RAM, including a purchased 96 GB RAM upgrade.
Warranty remedy
For a valid covered claim submitted during the warranty period, daarc will provide covered parts and labor and, at its option:
- Repair the covered unit;
- Replace the covered unit or component with a new or functionally equivalent component; or
- Refund the amount reasonably allocated to the covered unit if repair or replacement is not reasonably available.
Repair or replacement does not restart or extend the original warranty period except where applicable law requires otherwise.
Warranty shipping
For an approved warranty claim within the United States, daarc will provide or reimburse reasonable standard shipping for the covered unit to and from the authorized service location.
You must obtain return authorization before shipping a unit. Expedited shipping, unauthorized shipping, improper packaging, and costs associated with a claim determined not to be covered are not included unless we agree otherwise in writing.
Items not covered
Unless a product listing expressly provides a separate daarc warranty, this limited warranty does not cover protective cases, power banks, media adapters, card readers, cables, organizers, or other external accessories. Such products may be covered by an applicable manufacturer warranty, and we will provide reasonable assistance identifying the relevant warranty information.
The limited warranty does not cover:
- Normal cosmetic wear;
- Consumable items;
- Loss, corruption, disclosure, or recovery of data;
- Customer-owned media;
- Misuse, abuse, neglect, or accidents;
- Liquid, fire, electrical, environmental, or impact damage;
- Damage caused after delivery during customer-arranged transportation;
- Use outside documented power, environmental, or operating requirements;
- Unauthorized repairs or modifications;
- Removal or alteration of serial numbers;
- Malware or unauthorized software;
- Problems caused by incompatible or unsupported third-party products; or
- A failure to install available updates when the update would have prevented the reported problem and remained available under the applicable software entitlement.
Obtaining warranty service
To request warranty service, contact hello@shadowandshield.com with:
- Your order number;
- The unit serial number;
- A description of the issue; and
- Reasonably requested diagnostic information.
Do not return a unit without authorization. Before service, back up permitted data and remove customer-owned media, user accounts, credentials, and confidential information. We may require a factory reset where practical.
This warranty gives you specific legal rights, and you may also have other rights which vary from State to State. We do not exclude or limit rights that cannot lawfully be excluded or limited.
14. Training and professional services
Training dates, scheduling, location requirements, travel assumptions, included attendees, customer equipment, rescheduling, and cancellation terms are governed by the accepted order, quote, and Return and Refund Policy.
Unless otherwise agreed in writing, students provide their own laptops. The customer is responsible for providing safe access to an on-site training location and ensuring that attendees are authorized to use the systems and training materials involved.
Training is educational and operational in nature. It does not constitute legal advice, establish compliance with a particular agency policy, or guarantee certification, accreditation, or a particular operational result.
15. Intellectual property and feedback
The Site, product names, software, documentation, graphics, photographs, designs, interfaces, trademarks, and other materials supplied by us are owned by or licensed to daarc and are protected by U.S. and foreign intellectual-property laws. Shadow and Shield names, logos, product and service names, designs, and slogans are trademarks of daarc or its licensors. Shopify's names and marks are owned by Shopify or its licensors.
Except for rights expressly granted in these Terms, no ownership right or intellectual-property license is transferred to you. You may not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, transmit, or commercially exploit Site content without our prior written permission, except for ordinary browsing, purchasing, or another use expressly allowed by us or applicable law.
If you voluntarily provide reviews, ideas, suggestions, proposals, or product feedback, you grant daarc a worldwide, perpetual, irrevocable, sublicensable, royalty-free right to use, reproduce, modify, publish, distribute, display, and incorporate that feedback for product development, support, documentation, and marketing.
You represent that you have the right to submit the feedback, that it reflects your genuine experience where applicable, and that it does not violate another person's intellectual-property, privacy, confidentiality, or other rights. We are not required to keep voluntary feedback confidential, provide compensation, or implement or respond to it. We may remove unlawful, infringing, fraudulent, or otherwise objectionable feedback from services we control.
This feedback license does not transfer ownership of evidence, case data, customer records, confidential materials, or storage-media contents.
16. Acceptable use of the Site
You must not:
- Use the Site for an unlawful, malicious, or fraudulent purpose;
- Interfere with the Site or its security features;
- Attempt to gain unauthorized access to systems or accounts;
- Introduce malware or malicious code;
- Impersonate another person or misrepresent your authority;
- Collect or track personal information without authorization;
- Send spam, phishing messages, or other unauthorized solicitations;
- Use automated scraping, robots, agents, or data-extraction tools in a way that circumvents technical controls or materially burdens the Site;
- Bypass access, security, authorization, rate-limit, robot-exclusion, or anti-abuse controls; or
- Use the Site to transmit evidence content, classified information, credentials, or confidential investigative material.
We may restrict or suspend Site access when reasonably necessary to protect customers, our systems, Shopify, or our rights.
17. Relationship with Shopify
Shadow and Shield is powered by Shopify, which enables us to operate the Site and provide ecommerce services.
Sales and purchases made through the Site are transactions directly between the customer and daarc, Inc. d/b/a Shadow and Shield. Shopify is not the seller of our products or services and is not responsible for fulfillment, product performance, training, warranties, returns, refunds, injuries, damages, or losses arising from a purchase from Shadow and Shield.
To the fullest extent permitted by law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or related to purchases and transactions made directly with Shadow and Shield.
18. Privacy and Shopify processing
Our Privacy Policy describes how personal information is collected, used, disclosed, and retained and how eligible individuals may exercise privacy rights.
Because the Site is hosted by Shopify, Shopify collects and processes certain personal information concerning access to and use of the Site. Information submitted through the Site is transmitted to Shopify and may be shared with payment providers, service providers, and other parties that help operate the store and fulfill transactions.
Shopify may process information in countries other than the country where you reside. Additional information about Shopify's processing practices is available in the Shopify Consumer Privacy Policy.
Do not submit source-media contents, evidence files, credentials, classified information, protected case information, or other sensitive investigative material through ordinary website forms or email.
You retain ownership of information you provide. Submitting information through a contact, support, procurement, or configuration form authorizes us to use it as reasonably necessary to respond, provide the requested service, prevent fraud, maintain required records, and comply with law.
19. Third-party products, tools, links, and services
The Site and our products may link to, include, or interoperate with Shopify, payment processors, shipping carriers, component manufacturers, open-source projects, and other third parties.
Third-party products, tools, websites, and services are governed by their own terms, licenses, warranties, and privacy policies. We do not control and are not responsible for a third party's independent acts, services, products, accuracy, availability, security, or content except to the extent applicable law provides otherwise.
If you choose to access or use a third-party website, product, or service, you do so subject to the third party's terms. Questions or claims concerning a third party's independently supplied product or service should be directed to that third party, without limiting any rights you may have against us under applicable law or an express warranty.
20. Disclaimers and operational limitations
Shield-399 is a technical toolkit. It does not replace examiner judgment, organizational policy, an external hardware write blocker where one is required, legal advice, or independent validation appropriate to a particular matter.
We do not guarantee that a workflow will:
- Recover all available data;
- Identify every file, device, artifact, or indicator;
- Make damaged or unsupported media readable;
- Prevent every possible write under every hardware or operating condition;
- Establish legal admissibility;
- Satisfy every agency, laboratory, accreditation, or evidentiary procedure; or
- Produce a particular investigative, litigation, compliance, or operational outcome.
Some tools can overwrite, format, discard, or otherwise irreversibly alter selected destination media. You are responsible for reviewing the displayed target information before authorizing a destructive operation.
Except for the express limited warranty in Section 13 and other express written commitments applicable to an order, and to the maximum extent permitted by law, the Site, software, documentation, training, and services are provided "as is" and "as available."
We disclaim implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement to the extent those warranties may lawfully be disclaimed. Where an implied warranty applicable to the covered Shield-399 hardware cannot be disclaimed, it is limited to the duration of the express two-year warranty to the extent permitted by law.
Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
We do not warrant that the Site or software will always be uninterrupted, error-free, secure, or compatible with every device, adapter, filesystem, image format, or third-party product.
Nothing in these Terms excludes or limits a right or warranty that cannot lawfully be excluded or limited.
21. Limitation of liability
To the fullest extent permitted by law, daarc and its directors, officers, employees, contractors, affiliates, agents, service providers, and licensors will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including:
- Lost profits, revenue, savings, or business;
- Loss or corruption of data;
- Loss of evidence;
- Loss of use;
- Interruption of operations; or
- The cost of substitute services.
These limitations apply whether a claim is based on contract, warranty, tort, negligence, strict liability, statute, or another legal theory, even if we were advised that the damage was possible.
To the fullest extent permitted by law, our total aggregate liability arising from a product, software license, service, or order will not exceed the amount paid to daarc for the specific product or service giving rise to the claim.
The limitations in this section do not reduce our express obligations under the Limited Two-Year Hardware Warranty and do not apply to liability that cannot lawfully be excluded or limited.
Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
22. Dispute resolution, arbitration, and class-action waiver
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION INSTEAD OF A JUDGE OR JURY.
Informal resolution
Before beginning arbitration or filing a court action other than an eligible small-claims matter, the complaining party must send a written notice describing:
- The party's name and contact information;
- The order number or unit serial number, if applicable;
- The facts giving rise to the dispute;
- The legal basis of the claim; and
- The relief requested.
Notices to us must be sent to hello@shadowandshield.com with the subject "Notice of Dispute" or mailed to the address in Section 26.
The parties will attempt in good faith to resolve the dispute for 30 days after the notice is received.
Consumer purchases
A dispute involving an individual who purchased primarily for personal, family, or household purposes will be resolved through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect.
The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. Fees will be allocated under the applicable AAA Consumer Arbitration Rules.
Organizational and commercial purchases
Unless a separately signed agreement provides otherwise, a dispute arising from a business, professional, institutional, agency, or organizational purchase will be resolved through binding individual arbitration administered by the AAA under its Commercial Arbitration Rules then in effect.
The arbitration will be conducted by one arbitrator. Unless the parties agree to a remote proceeding or another location, the arbitration location will be Pinellas County, Florida.
Exceptions
Either party may bring an eligible individual claim in small-claims court.
Either party may seek temporary or preliminary court relief when reasonably necessary to prevent unauthorized access, data misuse, infringement of intellectual-property rights, or immediate irreparable harm while arbitration is pending.
No class or representative proceedings
You and daarc agree that claims may be brought only on an individual basis.
Neither party may bring or participate in a class, collective, consolidated, mass, private-attorney-general, or representative proceeding in arbitration. The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party's individual claim.
If a court determines that this class-action waiver is unenforceable as to a particular claim or requested remedy, that claim or remedy must proceed in court after all arbitrable claims are completed.
Waiver of jury trial
For disputes subject to arbitration, you and daarc knowingly waive the right to have the dispute decided by a judge or jury in court.
Opting out
You may opt out of this arbitration agreement by sending notice within 30 days after your first acceptance of these Terms.
The notice must include your name, contact information, applicable order number if available, and a clear statement that you are opting out of the arbitration agreement.
Send the notice to hello@shadowandshield.com with the subject "Arbitration Opt-Out," or mail it to:
daarc, Inc. d/b/a Shadow and Shield
260 1st Ave S, Suite 37
Saint Petersburg, FL 33701
United States
Opting out affects only this arbitration agreement and does not affect the remaining Terms.
Governing law and court venue
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs the arbitration provisions.
For a dispute not subject to arbitration, the parties consent to the jurisdiction of the state and federal courts with jurisdiction in Pinellas County, Florida, except where non-waivable law requires otherwise.
Nothing in this section waives a government entity's sovereign immunity or overrides a law that legally prohibits it from agreeing to a particular dispute-resolution procedure. Applicable terms in a separately signed government agreement control.
23. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless daarc and its directors, officers, employees, contractors, affiliates, agents, service providers, and licensors from third-party claims, liabilities, damages, losses, and reasonable costs, including reasonable attorneys' fees, arising from:
- Your unlawful or unauthorized use of the Site or a product;
- Your violation of these Terms or a policy incorporated into them;
- Your unauthorized access to or processing of data or media;
- Your infringement of another person's rights; or
- Your submission of unlawful or infringing material.
We will provide reasonable notice of an indemnified third-party claim. We may control the defense and settlement of the claim using counsel of our choice, but we will not agree to a settlement that imposes a non-monetary obligation on you without your consent, which may not be unreasonably withheld. You agree to provide reasonable cooperation with the defense.
This section does not require a consumer to indemnify us for our negligence, willful misconduct, or other liability that cannot lawfully be shifted.
24. Export controls, sanctions, and restricted uses
You may not purchase, export, reexport, transfer, release, or use our products, software, or technical information in violation of applicable export-control, sanctions, or trade laws.
You are responsible for determining whether a proposed destination, end user, transfer, disclosure, or end use requires government authorization.
We may request information necessary to evaluate legal compliance and may reject, suspend, or cancel a transaction when we reasonably believe a transaction would violate applicable law or expose us to legal risk.
25. Changes, suspension, and general terms
We may update these Terms for future Site use and future transactions. An updated version becomes effective when posted with a revised "Last updated" date unless a later date is stated.
The version accepted when an order is submitted continues to govern that order and its associated paid term unless:
- You and daarc agree otherwise;
- A separately accepted renewal states updated terms; or
- A change is required by law.
We may suspend or terminate Site or account access for fraud, unlawful activity, security risk, or a material violation of these Terms. You remain responsible for amounts properly due before suspension or termination. Provisions that by their nature should survive will remain in effect, including provisions concerning licenses, intellectual property, disclaimers, liability, disputes, indemnification, and payment obligations.
If a provision is found unlawful, void, or unenforceable, it will be enforced to the maximum lawful extent or severed to the minimum extent necessary, and the remaining provisions will remain effective. Our failure to enforce a provision is not a waiver. Section headings are for convenience and do not affect interpretation.
You may not assign these Terms independently of a permitted transfer of the associated Shield-399 unit. We may assign these Terms as part of a merger, reorganization, financing, sale of assets, or operation of law.
We are not liable for delay caused by events reasonably outside our control, including natural disasters, carrier disruptions, labor disputes, component shortages, governmental actions, utility failures, network outages, war, terrorism, or civil unrest. This does not eliminate any cancellation or refund right expressly provided by our policies or applicable law.
These Terms, the incorporated policies, the applicable product offer, and any accepted written agreement constitute the entire agreement concerning the applicable transaction and replace prior or contemporaneous discussions concerning it.
26. Contact
daarc, Inc. d/b/a Shadow and Shield
260 1st Ave S, Suite 37
Saint Petersburg, FL 33701
United States
hello@shadowandshield.com
+1 (949) 436-7464
