0 Your Cart $0.00

Cart (0)

No products in the cart.

Last Updated: 2023 


Welcome to Made By Military, an online selling platform dedicated to supporting and empowering U.S. Military personnel, veterans, and their dependents. These Terms of Use (the "Terms") govern your use of the website www.madebymilitary.com (the "Website") and all related services provided by Made By Military ("we," "our," or "us"). Please carefully read and understand these Terms as they constitute a legally binding agreement between you and Made By Military. 


1. Acceptance of All Applicable Terms, Policies, and Conditions 


By accessing or utilizing this Website and its associated services, or by engaging in a purchase transaction with a vendor on our platform, you expressly acknowledge and consent to be legally bound by all applicable Terms, Policies, and Conditions, including but not limited to these Terms and our Privacy Policy. If you do not concur with any of these Terms, Policies, or Conditions, it is imperative that you refrain from using our services. These encompassing Terms apply to all users of the Website, encompassing both sellers and buyers. It is your responsibility to familiarize yourself with and abide by all other terms and policies stated on the website. 


2. Eligibility 


Our platform is exclusively for military personnel, veterans, and their dependents (collectively referred to as "Authorized Users") to sell products. However, anyone, including those who do not meet the eligibility criteria, can browse and purchase products on the Website. 


3. User Accounts 


a. Seller Accounts: To sell products on Made By Military, you must create a seller account. By doing so, you represent and warrant that you are an Authorized User and that all information provided during the registration process is accurate and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account. 


b. Buyer Accounts: Buyers are not required to create an account to make purchases. However, creating an account allows for a more personalized shopping experience. 


4. Privacy Policy 


We value your privacy and are committed to protecting your personal information. Our Privacy Policy details how we collect, use, and share your information when you use our Services. By using our Services, you agree to the terms set out in the Privacy Policy, so please review it. 


5. Your Responsibilities 


a. Sellers/ vendor’s: As a seller on Made By Military, you agree to abide by our Seller Guidelines and all applicable laws and regulations. You are solely responsible for the quality, description, and fulfillment of your products, as well as for any communication with buyers. You must ensure that all products listed comply with our eligibility criteria. 


b. Buyers: Buyers agree to provide accurate information for purchases and to comply with all applicable laws and regulations when using our platform. 


6. Prohibited Activities 


You are prohibited from using our platform for any unlawful, fraudulent, or abusive purposes. This includes, but is not limited to, the following activities: 


a. Violating any applicable laws or regulations. 

b. Impersonating another person or entity. 

c. Interfering with the operation of the Website. 

d. Uploading or transmitting malicious code or harmful content. 

e. Engaging in any activity that may compromise the security or integrity of the Website. 


7. Your Account with Made By Military 


To make the most of our services on Made By Military, you'll need to create an account. Here are some important guidelines regarding your account: 


A. Eligibility and Age Restrictions: 


You must be 18 years or older to use our services. 

Minors aged 13 to 17 may use our services, but only through an account owned by a parent or legal guardian with appropriate permission and under their direct supervision. 

Children under 13 are not allowed to use Made By Military or its services. 

You are responsible for any account activity conducted by a minor on your account. 


B. Accuracy and Honesty: 


Provide accurate information about yourself. 

Using false information or impersonating another person or entity is strictly prohibited. 


C. Account Name: 


If you choose not to use your full name as the name associated with your account, please ensure your chosen name does not include offensive, vulgar, infringing, or Terms-violating language. 


D. Account Responsibility: 


You are solely responsible for all activity on your account. 

If you share your account with others, the person whose financial information is linked to the account will be responsible for all activity. 

If registering as a business entity, you guarantee that you have the authority to agree to the Terms on behalf of the business. 

Accounts are non-transferable. 


E. Password Security: 


Safeguard your account password diligently. Made By Military does not keep, log, or track passwords. It is the user's responsibility to ensure they use a unique password to maintain the security of their account. You are solely and fully responsible for all activities associated with your account. 


F. No Establishment of Relationships: 


These Terms solely pertain to your usage of the Made By Military marketplace platform. It is important to clarify that these Terms do not create, imply, or establish any agency, partnership, joint venture, employment, or franchisee relationship between you and Made By Military. We function exclusively as a platform to facilitate transactions and interactions between users and vendors. 


G. Cases and Appeals: 


To engage in our case system (outlined in Section 13), or to appeal an action taken by Made By Military, you must possess an active account. 


8. Your Content on Made By Military 


Your contributions to Made By Military, including but not limited to shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, and any other materials you post using our Services, are collectively referred to as "Your Content." It's important to clarify the relationship between you and Your Content: 


A. Responsibility for Your Content: 


You are the sole custodian of Your Content. By posting it, you assert that you possess all necessary rights to every element of Your Content, and you are not infringing upon or violating any third party's rights. 


B. Permission to Use Your Content : 


When you share Your Content through our Services, you grant Made By Military and, as authorized by Made By Military in its sole discretion, third parties, a license to utilize it. This does not entail ownership of Your Content, but rather your permission for us to use it to enhance the functionality and growth of Made By Military. 

For instance, you acknowledge and accept that Made By Military may occasionally offer promotions on the platform that relate to your listings or others. This is done to help showcase your creations and bolster your presence on the site. 


C. Rights You Grant Made By Military: 


In legal terms, by posting Your Content, you grant Made By Military and, as authorized by Made By Military in its sole discretion, third parties, a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and create derivative works based on Your Content. 

This comprehensive license empowers us to provide our Services effectively and to promote Made By Military, your Made By Military shop, other shops and listings, or the Services as a whole. This encompasses various formats and channels, spanning across all Made By Military Services, our partners, or third-party websites or advertising platforms. 

You also acknowledge that Made By Military has a legitimate interest in using Your Content, as permitted by this license, particularly in cases where Your Content includes personal information. 


D. Reporting Unauthorized Content: 


Made By Military is committed to upholding intellectual property rights and will follow appropriate legal procedures to address unauthorized content on our Services. If content that you own or have rights to is posted on our Services without your consent and you wish to have it removed, please refer to our Intellectual Property Policy for the necessary steps. 

If Your Content is alleged to infringe upon someone else's intellectual property, we will take appropriate action, which may include disabling it in compliance with our policies or, in cases of repeated infringement, terminating your account. We will notify you if such actions are taken. 


E. Inappropriate, False, or Misleading Content: 


While it may seem evident, there are specific types of content that we do not condone on Made By Military for legal or other reasons. By using our Services, you agree not to post any content that is abusive, threatening, defamatory, obscene, vulgar, offensive, or in violation of our Prohibited Items Policy, Community Policy, or any part of our Terms. 

You also agree not to disseminate any false, misleading, fraudulent, or deceptive content through the Services. 



9. Your Use of Made By Military Services 


As a valued user of Made By Military, we grant you a limited, non-exclusive, non-transferable, and revocable license to utilize our Services, subject to the following terms and conditions: 


A. Compliance with Laws: 


You agree not to violate any laws while using our Services, including local, state, federal, and international laws that may apply to your activities. 

This encompasses obtaining any necessary permits or licenses for your shop and complying with all legal requirements in relevant jurisdictions. 

You are responsible for ensuring lawful sale and delivery of your items, including age verification where required by law. 

Prohibited activities include the sale of items that infringe upon any laws, violations of our Sanctions Policy, engaging in fraudulent activities, theft, anti-competitive behavior, threats, or any other unlawful acts or crimes against Made By Military, another Made By Military user, or a third party. 


B. Payment Obligations: 


You are accountable for remitting all fees owed to Made By Military. 

You are also solely responsible for collecting and/or paying any applicable taxes for purchases or sales made through our Services. 

Made By Military will calculate, collect, and remit value-added tax or VAT and sales tax where applicable. 

Please refer to our Fees & Payments on our Selling on Made By Military Policy page. 


C. Respect for Our Intellectual Property: 


You agree not to crawl, scrape, or spider any page of our Services. 

Reverse engineering or attempting to access the source code of our Services, including Made By Military Intellectual Property and Seller Content, without our explicit permission is prohibited. 


D. Non-Disruption of Our Systems: 


You pledge not to interfere with or attempt to disrupt the functionality of our Services. 

Activities such as distributing viruses, sending excessive requests to our site or platform, or deploying malicious computer code are strictly prohibited. 


E. Trademark Compliance: 


The name "Made By Military" and other Made By Military marks, phrases, logos, and designs associated with our Services (the Made By Military Trademarks) may be  protected trademarks, service marks, of Made By Military. If you wish to use our logos or images, you must adhere to our Trademark Policy. 


F. Sharing Your Suggestions: 


We highly appreciate your suggestions and ideas, as they contribute to improving our Services. 

Any ideas or materials you submit to Made By Military (excluding Your Content or items you sell through our Services) are considered non-confidential and non-proprietary. 

You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you. 


G. Electronic Communications: 


By using our Services, you consent to our Electronic Communications Policy, which governs the provision of legal information. 

This policy allows us to communicate with you electronically, such as via email, instead of sending paper copies, for environmental reasons. 

Your electronic agreement is considered equivalent to your signature on paper. 


10. Termination of Your Made By Military Account 


You may voluntarily terminate your Made By Military account at any time through your account settings. Please refer to our Help resources for detailed information on this process. Be advised that terminating your account will not affect the availability of certain content posted through the Services before termination, and any outstanding financial obligations must be settled. 


Termination by Made By Military 


Made By Military maintains the authority to discontinue or temporarily suspend your account, including any affiliated accounts we consider interconnected, as well as your access to our Services, if there are valid reasons to believe that your conduct, Content, or utilization of the Services contradicts our Terms. In such situations, it is crucial to recognize that you do not possess a contractual or legal entitlement to persist in utilizing our Services, whether for commerce or procurement through our website or mobile applications. Typically, Made By Military will furnish notification in cases of account termination or suspension, except when persistent breaches of our Terms or legal or regulatory requirements prohibit such notification. 


In the event of termination by either you or Made By Military, it's important to note that you may no longer have access to any data associated with your account, including the content you've provided, referred to as "Your Content." 


Discontinuation of Made By Military Services 


Made By Military retains the prerogative to amend, suspend, or discontinue any of our Services for individual users or all users, at any juncture, for any rationale outlined in Made By Military's policies within these Terms of Use. Please be aware that we cannot be held liable for any ramifications that alterations to the Services may have on your activities, encompassing your income or your capacity to generate revenue through the Services. 




The Terms shall endure even subsequent to the cessation of your access to the Service or the cessation of your utilization of the Service. 


11. Warranties and Limitation of Liability - Binding Agreement 


Goods and Services You Acquire: 

Made By Military does not engage in the manufacture, storage, or inspection of any products available through our Services. We exclusively serve as a platform, facilitating the direct sale of items by independent sellers in our marketplaces. Consequently, Made By Military does not and cannot provide any warranties regarding the quality, safety, authenticity, or legality of these items. Any legal claims pertaining to a purchased item must be pursued directly against the seller responsible for that item. By utilizing our Services, you release Made By Military from all claims, including those concerning defective items, misrepresentations by sellers, or items that have resulted in physical harm, such as product liability claims. 


Accessed Content: 

While using our Services, you may encounter materials that you find offensive or inappropriate. We do not make any representations regarding user-generated content accessible through the Services. Made By Military bears no responsibility for the accuracy, copyright compliance, legality, or appropriateness of content posted by users that you access through our Services. Your use of our Services implies a release of Made By Military from all liabilities associated with such content. 


Interactions with Other Individuals: 

Our Services enable you to interact with other individuals, both online and in person. It is essential to comprehend that, apart from fulfilling specific compliance and legal obligations, we do not conduct background checks on users of our Services. By using our Services, you release Made By Military from all liabilities related to your interactions with other users. We urge caution, the exercise of good judgment, and vigilance in all interactions with others, especially in cases where in-person meetings are involved. For guidance on handling in-person meetings, please refer to this Help article. 


Third-Party Services: 

Made By Military's Services may incorporate links to third-party websites or services over which we exert no ownership or control. Additionally, to access certain aspects of our Services, you may be required to use products or services offered by third parties, such as compatible mobile devices to operate our mobile apps. When you engage with these third-party services, you do so at your own risk. These third parties may impose their own terms of use. The agreements formed with these third parties are exclusively between you and them, and Made By Military is not a party to such arrangements. 


Gift Cards and Promotions: 

You acknowledge that Made By Military does not provide any warranties pertaining to your Gift Card balance and disclaims responsibility for any unauthorized access, alteration, theft, or destruction of a Gift Card or Gift Card code that results from actions by you or third parties. Furthermore, we reserve the right to suspend or restrict the use of your Gift Card if it is reported as lost or stolen, or if we suspect that your Gift Card balance is being used suspiciously, fraudulently, or in an unauthorized manner. In cases where your Gift Card code ceases to function, your sole remedy is for Made By Military to issue a replacement Gift Card code. By participating in special offers or promotions, you explicitly agree not to later claim ambiguity in the rules governing those special offers or promotions. This constitutes a binding agreement. 




Made By Military is dedicated to the ongoing enhancement and maintenance of our Services. However, it is crucial to understand that our Services are provided on an "as is" and "as available" basis, without any warranties, whether expressed or implied. Made By Military explicitly disclaims any warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Furthermore, any warranties implied by a course of performance, course of dealing, or usage of trade are hereby disclaimed. 


We do not warrant or guarantee that: 


  • The Services will be secure or accessible at any specific time or location. 
  • Any defects or errors will be rectified. 
  • The Services will be free of viruses or other harmful elements. 
  • The outcomes derived from employing the Services will meet your expectations. 


Your utilization of the site and Services offered on this platform is exclusively at your own risk. In jurisdictions where limitations on implied warranties are prohibited, the aforementioned limitations may not apply to you. 




To the fullest extent permitted by applicable law, Made By Military (including its officers, directors, employees, agents, subsidiaries, partners, or affiliates) shall not be held accountable to you for any loss of profits, revenue, products, or services,  or for any incidental, indirect, consequential, special, or punitive damages arising from or connected with the Services or these Terms. In no circumstances shall Made By Military's cumulative liability for any damages surpass the greater of: 


(A) $75; 

(B) Any sums owed under the Made By Military Purchase Protection Program, up to the price you paid for an item sold by a third party on Made By Military (inclusive of any relevant sales tax) and its original shipping expenses; or 

(C) The aggregate amount paid by you to Made By Military in fees during the 12 months preceding any action leading to liability. 


All Vendors on Made By Military operate as independent entities, and any disputes arising from interactions between sellers/vendors and buyers are the sole responsibility of the involved parties. Made By Military provides no guarantees or warranties to sellers/ vendors, products, services, or buyers. In cases of disputes between sellers/ vendors and buyers, the parties must resolve the matter independently. Should a buyer be unable to reach a resolution with a vendor, the buyer may contact Made By Military to seek support in addressing the issue. However, contacting Made By Military does not guarantee a resolution between the parties. 


In cases of fraud or misconduct by a vendor, Made By Military reserves the right to suspend or terminate the vendor's account without prior notice. 


In jurisdictions where limitations on incidental or consequential damages are not permitted, the aforementioned limitations may not be applicable to you. This document constitutes a legally binding agreement. 





While we sincerely hope that such a situation never arises, should Made By Military become a party to legal proceedings or receive a claim, notice, or demand as a result of your actions or omissions, you are hereby bound to defend and indemnify us. This entails, without limitation, your commitment to defend, reimburse, compensate, and hold harmless Made By Military (including our employees, officers, directors, agents, subsidiaries, and affiliates) against any allegation, claim, demand, lawsuit, loss, liability, or expense of any nature (including reasonable attorneys' fees). Such situations may arise from your actions, the use (or misuse) of our Services, your breach of these Terms, transactions involving items you buy or sell through the Services, and/or any actual or alleged violation of any law or third party rights. 


We retain the right to manage our legal defense as we deem appropriate, even in cases where you are indemnifying us. In such instances, you agree to cooperate fully with us to facilitate the execution of our legal strategy. This provision constitutes a legally binding agreement. 





In the event that you become embroiled in a dispute with another user of Made By Military's Services or a third party, we strongly encourage you to make initial contact with the opposing party in an effort to amicably resolve the dispute. 


Case Resolution System: In cases where buyers and sellers are unable to reach a mutually satisfactory resolution regarding a transaction conducted through our websites or mobile apps, registered account holders may engage in our case resolution system. Comprehensive information about the case resolution process can be found in this designated Help article. Made By Military, at its sole discretion, will endeavor to facilitate dispute resolution efforts in good faith. However, it should be noted that we are not vested with the authority to render judgments or determinations pertaining to legal matters or claims. Made By Military assumes no obligation to resolve, or to provide assistance in the resolution of, any disputes. 


Release of Made By Military: You hereby release Made By Military, its employees, officers, associates, other businesses, and third parties associated with Made By Military, from any and all claims, demands, and damages arising from disputes with other users or third parties. These claims and disputes include, but are not limited to, those related to transactions, interactions, or any other matters occurring on or through the Made By Military platform. This release encompasses all individuals, entities, and affiliations connected to Made By Military, ensuring a comprehensive resolution of such issues. 




In the event of any dispute, we kindly request that you first communicate your concerns to us, and we will make every effort to engage with you in good faith to reach an amicable resolution. In the unfortunate event that we cannot achieve a satisfactory resolution, you and Made By Military (inclusive of our employees, officers, directors, agents, subsidiaries, and affiliates) mutually consent to submit any and all disputes to binding individual arbitration. Both parties hereby agree not to initiate legal proceedings against each other in a court of law before a judge or jury, except as outlined in the limited circumstances detailed below. 


This Section 13 (referred to hereinafter as the "Arbitration Agreement" or "Agreement") is applicable exclusively to users in North or South America and is enforceable to the fullest extent permitted by applicable law. 


Please thoroughly review this Section, as it significantly impacts your legal rights. 


A. Disputes Subject to Arbitration: Both you and Made By Military concur to engage in mandatory individual arbitration proceedings for any and all claims arising from or related to the Services, these Terms, including prior versions, any products, data, or content purchased, sold, offered, accessed, displayed, transmitted, or listed through the Services, as well as actions or statements by Made By Military or its users. This includes disputes that originated prior to the effective date of these Terms, collectively referred to as a "Dispute." The sole exceptions to this provision are (1) the pursuit of qualifying individual claims within "small claims" court, so long as such claims remain within the purview of small claims court, and (2) the initiation of legal action in court to seek injunctive relief for infringement or misuse of intellectual property rights (such as trademarks, copyrights, and patents). All other Disputes must be resolved through arbitration, thereby waiving both parties' rights to litigate in court and their right to a trial by judge or jury. 


B. Class and Representative Action Waiver:  You and Made By Military mutually agree that any claims asserted by one party against the other shall be pursued solely on an individual basis, and not as part of a class, representative, or collective action. Both parties hereby waive their respective rights to initiate such claims. Each party may solely seek and obtain individualized remedies. Except as stipulated in Section 11.F (Batch Arbitration), disputes between us may not be consolidated or arbitrated together with claims made by any other individual or entity. If a court of law (following all appeals) determines that any portion of Section 11.B is unenforceable in relation to a specific claim or request for relief (e.g., public injunctive relief), solely that particular claim or request for relief shall be severed from the arbitration agreement and may be litigated in court, but only after the arbitrator has issued a ruling on the arbitrable claims and remedies. 


C. Informal Dispute Resolution: Prior to initiating arbitration proceedings, you and Made By Military shall make bona fide efforts to amicably resolve any Dispute through informal means. To commence the dispute resolution process, you must send a personalized written notice ("Notice of Dispute") to sales@madebymilitary.com, containing the following information: (1) your name, phone number, username, and shop name (if applicable), as well as your email address linked to your account, and (2) a comprehensive description of the Dispute, including your preferred method of resolution. If Made By Military has a Dispute with you, we shall also forward a Notice of Dispute to your email address associated with your account. Upon receipt of a complete Notice of Dispute, the recipient shall have a period of 60 days to investigate the claims. If either party requests a settlement conference during this timeframe, both you and Made By Military shall collaborate to schedule the conference via telephone or videoconference. Both parties must attend the conference individually, even if represented by the same firm(s). The statute of limitations for claims outlined in the Notice of Dispute shall be tolled from the date of receipt until the later of (i) 60 days or (ii) the conclusion of a timely requested settlement conference, hereby referred to as the "Informal Resolution Period." Arbitration proceedings cannot be initiated until the Informal Resolution Period has expired. A court of law may enjoin the filing or pursuit of an arbitration in violation of this Section. 


D. Arbitration Rules and Procedures: To instigate arbitration proceedings, either you or we must file an arbitration demand with the American Arbitration Association ("AAA"). You may serve Made By Military with an arbitration demand via postal mail at: Made By Military, Inc., c/o [Agent's Name], [Agent's Address], [Agent's City, State, Zip Code]. If Made By Military has a dispute with you, we shall forward an arbitration demand to the email address linked to your account. If the AAA is unwilling or unable to administer the arbitration, both parties shall jointly select an alternative arbitration provider, or if an agreement cannot be reached, a court of law shall appoint one. 


The arbitration shall be conducted in the English language by a single arbitrator. The arbitration hearing (if applicable) shall be held via videoconference, unless one of the parties requests an in-person hearing and the arbitrator concurs. If an in-person hearing is deemed necessary, it shall be conducted in the county of your residence (for U.S. residents), New York County, New York (for non-U.S. residents), or in a location designated by the arbitrator (in the case of Batch Arbitration). 


The arbitration proceedings shall be governed by the Consumer Arbitration Rules of the AAA, with modifications outlined in this Agreement. If you are using the Services for business purposes, and either your claims or Made By Military's claims exceed $75,000, the Commercial Arbitration Rules of the AAA shall apply, with modifications as detailed in this Agreement. Similar to court proceedings, the arbitrator shall apply relevant laws, legal counsel shall adhere to Federal Rule of Civil Procedure 11(b), and the arbitrator may impose sanctions available under the AAA Rules, Rule 11, or other applicable statutes. The arbitrator shall also enforce statutes of limitations, other time-based defenses, offers of judgment/compromise, and fee-shifting regulations in a manner consistent with court practices. 


The arbitrator shall have exclusive jurisdiction to adjudicate all matters, except issues related to the arbitrability of a dispute, the enforceability of any portion of this Section 11 (Arbitration and Dispute Resolution Agreement), and compliance by either party with Section 11.C (Informal Dispute Resolution). Unless specified in Section 11.F (Batch Arbitration), the arbitrator may only award damages and other relief in favor of the individual claimant to the extent necessary to rectify the claimant's individual claim(s). The arbitrator shall not be bound by determinations made in other arbitration proceedings. The arbitrator's award is conclusive and binding upon both you and Made By Military, and may be entered as a judgment in any court of competent jurisdiction. 


E. Arbitration Fees: All Arbitration Fees, encompassing filing, case-management, administrative, hearing, and arbitrator fees, shall be governed by the rules and fee schedules of the AAA, unless otherwise stated in this Arbitration Agreement. If you are a consumer and your share of Arbitration Fees exceeds the amount you would pay 


15. Amendments to the Terms 


Made By Military reserves the right to modify these Terms periodically, which may involve the inclusion of entirely new provisions or the removal of existing ones. In the event that such modifications are substantial in nature, we will provide you with prior notice by posting the revised Terms within the Services and/or delivering an email or message detailing the amendments. Your continued use of the Services following the effective date of these changes signifies your consent to be bound by the updated Terms. Should you disagree with the revisions, you retain the option to terminate your account. 


16. Additional Legal Considerations 


  1. Comprehensive Agreement: These Terms, along with all the policies encompassed within them, take precedence over any prior agreements or understandings between you and Made By Military concerning the Services. 


  1. Severability: If any portion of these Terms is deemed invalid or unenforceable, it will be limited to the minimum extent required and separated from the rest of the Terms. However, this separation will not affect the validity and enforceability of the remaining provisions, which will continue in full force. 


  1. Non-Waiver: Our failure to enforce any aspect of these Terms at any given time does not constitute a waiver of our right to enforce that or any other aspect of the Terms at a later date. 


  1. Assignment: We reserve the right to assign any of our rights and obligations under these Terms as we see fit. 



17. Contact Information 


For any questions or concerns regarding these Terms, please contact us. 


Thank you for using Made By Military to support our military community! We appreciate your commitment to our mission. 


Made By Military Team