ITAR / Export Compliance Terms and Conditions
Clear Fork Country
Effective Date: 04/19/2022
Clear Fork Country (“we,” “us,” or “our”) operates this online store and sells thermal imaging, night vision, optical, and related products and accessories. Many of these items, along with associated technical data (such as manuals, specifications, and guides), are subject to strict U.S. export control laws, including the International Traffic in Arms Regulations (ITAR) (22 C.F.R. §§ 120-130) administered by the U.S. Department of State, Directorate of Defense Trade Controls (DDTC), and/or the Export Administration Regulations (EAR) administered by the U.S. Department of Commerce.
By placing an order or making a purchase from Clear Fork Country, you expressly agree to the following terms. These terms are a material condition of the sale.
1. U.S. Persons Only / Domestic Sales Only
• All products are offered for sale exclusively to U.S. persons for end use within the United States.
• You certify that you are a “U.S. person” as defined under ITAR § 120.15. This generally includes:
• U.S. citizens or nationals.
• Lawful permanent residents (green card holders).
• Protected individuals under 8 U.S.C. § 1324b(a)(3).
• U.S.-organized entities with no foreign ownership or control issues that would make them foreign persons.
• Foreign persons (as defined in ITAR § 120.16) are not eligible to purchase these items. This includes non-U.S. citizens, foreign governments, and foreign entities, even if located inside the U.S.
2. Shipping and Delivery Restrictions
• Shipping is limited to valid physical addresses within the continental United States.
• We do not ship to APO/FPO addresses, U.S. territories, or any international destinations unless explicitly authorized in advance (which is extremely rare and requires proper licensing).
• Orders with mismatched billing/shipping information, international IP addresses, or other indicators of potential non-compliance may be canceled without notice.
3. Export, Re-Export, and Transfer Prohibitions
You agree and certify that:
• You will not export, re-export, transfer, divert, sell, lend, or otherwise dispose of any purchased item(s) or related technical data outside the United States without first obtaining all required U.S. Government export licenses or authorizations.
• You will not allow access to the item(s) or technical data by any foreign person (including family members, employees, or guests) inside or outside the United States without proper authorization.
• You will not resell or transfer the item(s) to any party on U.S. restricted lists (e.g., Denied Persons List, Entity List, Debarred Parties, or embargoed countries).
• International travel with these items (even for personal use) may constitute an export and is generally prohibited without a license.
Exportation includes (but is not limited to) taking the device out of the U.S., sharing technical data electronically, or providing access that could result in foreign person knowledge of the technology.
Many products and items we sell may be banned from export or require special licensing to be exported. Some of these items include but are not limited to: All Night Vision Equipment, including but not limited to: Generation 1, 2, 3 or 4 Night Vision, Digital Night Vision, Thermal Imaging Equipment and Cameras and Night Vision Accessories. Optics, including but not limited to: Traditional “Day” Scopes, Spotting Scopes, Binoculars, Lasers, Laser Sights, Reflex Sights, Holographic Sights and Optics Accessories. Firearm Parts, Stocks, Magazines, Grips, Weapons Lights, Handheld Lights and other Tactical and Shooting related products, Knives, Axes, Multi-tools, Handcuffs and other security related products.
4. Buyer Certification
By completing your purchase, you certify under penalty of perjury that:
1. You are a U.S. person and the end user.
2. The items will be used solely in the United States.
3. You understand and will comply with all applicable U.S. export control laws and regulations.
4. You have not been and will not transfer the items to any restricted person, entity, or destination.
5. You will maintain records of compliance for at least five (5) years and make them available upon request.
We reserve the right to request additional documentation (such as proof of U.S. person status) before processing or shipping any order.
When placing an order for certain products from Clear Fork Country, you may be asked to agree to, sign and date our export policy, as well as provide a copy of your driver’s license or valid ID, as well as a copy of your credit/debit card. Clear Fork Country may at our own discretion for any reason or no reason contact the customer to inquire concerning the end user, end use, and final intended destination of any product(s) or orders placed with our company.
5. Violations and Penalties
Violations of these terms or U.S. export laws may result in:
• Immediate cancellation of your order.
• Reporting to appropriate authorities.
• Civil and criminal penalties, including fines up to $1,000,000 per violation, imprisonment, and debarment from future purchases.
Claiming ignorance of the law is not a defense.
6. Changes to Policy
We may update these terms from time to time. Continued use of our site or purchases after changes constitutes acceptance of the revised terms.
7. Remedies for Breach of Contract
By proceeding with any purchase from Clear Fork Country, you acknowledge that you have read, understood, and agree to be bound by these ITAR / Export Compliance Terms and Conditions.
Thank you for your cooperation in helping us maintain full compliance with U.S. law.
— Clear Fork Country Team
For further information regarding the applicable laws, regulations, and policies contact:
U.S. Department of State
International Traffic in Arms Regulations
Office of Defense Trade Control:
Phone: (202) 663-2714
http://www.state.gov
U.S. Department of Commerce
Bureau of Industry and Security
Phone: (202) 482-4811
http://www.bis.doc.gov
U.S. Department of State
Bureau of Political-Military Affairs
Directorate of Defense Trade Control
Phone: (202) 663-1282
http://www.pmddtc.state.gov
U.S. Department of the Treasury
Office of Foreign Assets Controls
Phone: (202) 622-2480
http://www.treas.gov/offices/enforcement/ofac
Export control laws and regulations are extremely complicated and for advice or information concerning U.S. export law please consult an attorney or one of the governmental offices listed above.
This document provided by Clear Fork Country should not be taken as legal advice or counseling. Please read and agree to the terms, conditions and information above before placing an order with Clear Fork Country.
Return Policy
Return Policy – Clear Fork Country
1. Defective Items
- Returns accepted within 20 days of delivery.
- No restocking fee on defective items.
- Exception: Defective Infiray Outdoor, Nocpix, and Rix optics must be returned directly to the manufacturer per their policies.
2. Non-Defective Items
- Returns accepted within 5 days of delivery.
- Must be in brand new, unopened condition – 10% restocking fee applies.
- Opened or used items in like-new condition – 20% restocking fee applies.
- Items not in like-new condition may incur a higher restocking fee or be returned to the buyer (at buyer’s expense).
- Buyer is responsible for return shipping.
3. Refunds & Cancellations
- Orders canceled BEFORE payment is captured but before shipping will be refunded in full.
- Orders canceled AFTER payment is captured but before shipping will be refunded minus a 3.75% credit card fee
- Shipping costs are non-refundable. Refunds are for the purchase price minus our actual shipping expenses.
- Deposits are non-refundable, but may be transferred to another night vision or thermal optic.
4. Important Return Instructions
- You must contact us for an RMA (Return Merchandise Authorization) before returning any item.
- Returns must be shipped to the correct address – contact us to get the proper return address.
- We are not responsible for items lost, stolen, or damaged during return shipping. We recommend purchasing shipping insurance.
5. Final Sale Items
- Used, demo, clearance, or closeout items are non-returnable, unless defective upon delivery.
Shipping
General Shipping Info
We are based in Graham, Texas and most all orders ship from there or directly from the product manufacturer. All packages ship either UPS, FedEx or USPS.
We do not ship outside the United States. Free and Flat Rate Shipping does not apply to AK or HI.
Orders placed before noon CST Monday-Friday for in-stock items ship the same business day. There are exceptions such as manufacturer drop shipping delays, holidays, or an unforeseen warehouse or carrier delay but these are extremely rare.
Estimated delivery times are estimates only and their accuracy is not guaranteed. However, most often, our packages are delivered by the estimated delivery date. Once a package is in the carrier’s possession we cannot control its delivery date or time.
If you need a product by a certain date, please give us a call and we can work with you to make sure you get your order by the date you need it.
We have a state of the art inventory system that keeps a very accurate count of our inventory. Although rare, mistakes can happen and an item you ordered might be out of stock. In these rare cases, you will be notified as soon as possible and given the option to wait for the item to become available or you may request a full refund for the item.
UPS and Fedex will not deliver to PO Boxes. Those carriers require a physical street address.
Fraud Prevention Policy
We do our best to protect credit card holders, as well as ourselves from fraudulent transactions. Due to the increasing amount of online credit card fraud, we may require extra verification before processing some orders.
We do not intend for this verification process to be bothersome or time consuming, but we do want to take the extra steps necessary to prevent fraud, protect consumers and continue to offer great prices on all the gear we sell.
You may be asked to provide a copy of your driver’s license or valid ID, as well as copy of your credit card before we are able to process your order. We only ship high value items to billing address on file with the credit card issuer.
If you receive an email from [email protected] or a phone call from (940) 521-0000, please respond as quickly as possible so that there is no delay in getting your order processed and your items shipped out.
Sales Tax
6.75% sales tax is charged for all orders shipped to a Texas address.
Sales tax is not charged for shipments to any other state.
Privacy Policy
PRIVACY STATEMENT
SECTION 1 – WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, billing/shipping address, and email address. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. Email marketing (if applicable): With your permission, we may send you emails about our store, new products, and other updates.
SECTION 2 – CONSENT
How do you get my consent? When you provide us with personal information to complete a transaction, verify your payment method, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no. How do I withdraw my consent? If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at [email protected] or mailing us at:
Clear Fork Country
1075 US-380 E
Graham,TX 76450
United States
SECTION 3 – DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
SECTION 4 – PAYMENTS (CLOVER)
We use Clover as our payment processor for credit card transactions through WooCommerce. Your payment information is handled securely via Clover’s systems. Clover tokenizes sensitive card data so that full credit card details are not stored on our servers. This helps reduce our PCI compliance burden. Clover adheres to the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as necessary to complete the transaction. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council. For more insight, you may also want to read Clover’s Privacy Policy.
SECTION 5 – THIRD-PARTY SERVICES
In general, the third-party providers used by us (including WooCommerce/Automattic, hosting providers, and payment processors like Clover) will only collect, use, and disclose your information to the extent necessary to allow them to perform the services they provide to us. Certain third-party service providers, such as payment gateways, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. Once you leave our website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service. Links When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
SECTION 6 – SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered, or destroyed. Payment information is processed securely through Clover. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow PCI-DSS requirements where applicable and implement additional generally accepted industry standards.
COOKIES
We use cookies to enhance your shopping experience. Here is a list of some cookies that we (and WooCommerce) use. Essential cookies are necessary for the site to function (e.g., cart functionality). You can manage cookies through your browser settings. For a full list specific to your visit, consider using a cookie management tool.
Common WooCommerce / WordPress Cookies:
• woocommerce_cart_hash (session) – Helps determine when cart contents change.
• woocommerce_items_in_cart (session) – Helps determine when cart contents change.
• wp_woocommerce_session_[hash] (2 days) – Stores a unique code to retrieve cart data.
• woocommerce_recently_viewed (session) – Powers recently viewed products (if enabled).
• WordPress core cookies (e.g., wordpress_[hash], wordpress_logged_in_[hash] for logged-in users; comment cookies for commenters).
SECTION 7 – AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
SECTION 8 – CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information, contact us at [email protected], by phone at (940) 521-0000 or by mail at:
Clear Fork Country
1075 US-380 E
Graham,TX 76450
United States