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CenterfireGuns Online Purchase Agreement
THIS AGREEMENT GOVERNS YOUR PURCHASES AND USE OF OUR WEBSITE. READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE, SOFTWARE OR SERVICES, AND BEFORE MAKING ANY PURCHASES, AND INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" (OR EQUIVALENT) CHECKBOX DURING THE CHECKOUT PROCESS.
THIS AGREEMENT SUBSTANTIALLY RESTRICTS YOUR LEGAL RIGHTS, LIMITS OUR LIABILITY, AND CONTAINS WAIVERS AND OTHER TERMS FAVORABLE TO US WHICH REDUCE YOUR LEGAL RIGHTS.
WARNING: IF YOU FAIL THE FIREARMS BACKGROUND CHECK YOU WILL BE UNABLE TO PICKUP YOUR FIREARMS, YOU WILL EITHER FORFEIT YOUR ENTIRE EXPENDITURE OR BE ASSESSED A RESTOCKING FEE, AND YOU WILL GET NO CREDIT OR HAVE ANY RIGHTS OR RECOURSE AGAINST US.
AT A MINIMUM YOU MUST SATISFY THE REQUIREMENTS OF THE BRADY HANDGUN VIOLENCE PREVENTION ACT. HOWEVER YOUR STATE MAY APPLY ADDITIONAL RESTRICTIONS THAT IT IS YOUR RESPONSIBILITY TO UNDERSTAND.
ONLINE FIREARMS PURCHASE AGREEMENT
THIS ONLINE FIREARMS PURCHASE AGREEMENT “Agreement” is made between Buyer (hereinafter “Buyer” or also “You” or “Your”) as defined by Your user registration identity and information, and CenterfireGuns, a trade name of C&N Holdings LLC, a Colorado limited liability company located at 7475 W. 5th Ave STE 102, Lakewood, CO 80026 (“Company”, “Seller”, “Us”, “We”, or “Our”) each a “Party” and collectively the “Parties”.
WHEREAS, Company sells via its websites (the “Website”) certain goods, including firearms, accessories and ammunition (“Ordinance”) to online buyers (“Users”); and
WHEREAS, Buyer desires to purchase the Ordinance described in its purchase order appearing on the Website as Buyer’s shopping cart and Seller desires to sell the same on the and conditions terms described below;
NOW, THEREFORE, in consideration of the mutual promises and agreements hereinafter set forth, the sufficiency of which is affirmed by the Parties, the Parties agree as follows:
1. Website User Warranties. You agree that all the details and representations you have made to us, wherever made, including without limit during any registration as a User on our Website, are true and correct to the best of your knowledge, and that if you have registered, then you have received working User credentials, including password and User I.D. from Us, and that you are familiar with the features of our Website and have reasonable access to the Website via the Internet at all times. You further agree and understand that you cannot purchase anything from Company or transact any purchases or sales of goods or other business with Company by any means other than through its Website and the order forms and proper procedures established there. No orders or business may be transacted via email, even if an email contact feature is part of the Website.
2. Goods Identified To The Contract. You the Buyer hereby agree to buy from Us, the Company, the goods listed with specificity in the Website shopping cart attached to your User account, upon your clicking the button entitled “Confirm Purchase”; Collectively such goods shall be referred to in this Agreement as the “Goods”. Once you have clicked the “Confirm Purchase” button, the sale shall be final, subject to the terms and conditions of this Agreement.. The time and date of such click shall be the “Date of Purchase” or “Purchase Date”. Each time you click the “Confirm and Ship My Order” button constitutes a separate transaction governed by a fresh instance of this Agreement, as evidenced by the different Date of Purchase relating to each. However, clicks on the Confirm Purchase button which occur within 60 seconds of one another and relate to identical Goods shall be construed as a single click and single purchase, unless context or the facts reasonably appear otherwise.
3. Payment. The amount you must pay for the Goods is the total due as described in your shopping cart, including any and all applicable taxes, shipping and handling, whether such taxes shipping or handling are described in your shopping cart or not (the “Payment Amount”). You agree to pay the Payment Amount in the currency of the United States of America. The Payment Amount is due immediately upon the Purchase Date. In the event Buyer’s payment method fails, or for any reason Company does not actually receive your Payment Amount, then you shall owe interest on the unpaid balance at 18% per annum, from the Purchase Date until the Payment Amount is actually received. All payments by You shall be by Credit Card: You can order your product online using our secure server. We accept Visa, MasterCard, American Express, and Discover. All use of credit cards must include the billing address on the credit card. All transactions are authorized for the full amount at time the order is placed. Please contact your financial provider for more information regarding Authorizations.
4. Payment Default. In addition to Seller’s other rights and remedies at law or equity, or described in the General Default Section and elsewhere in this Agreement, failure of the Payment Amount, for any reason, including without limit credit or debit card denial or check returned for insufficient funds, shall entitle Us, at our option and without any notice to You, to void Your purchase or transaction, cancel shipment of your Goods, and hold the remainder of this Agreement in force as if Company had shipped You the Goods to Your total satisfaction without right of return, claim or refund, and You shall have no further rights under this Agreement. Company may freely thereafter sell the Goods to any third party without notice or obligation to you, and Company may keep any and all partial payments or consideration paid by you for the Goods. You will not be entitled to any credit towards any future purchases relating to any amounts forfeited. Company shall also have the right to receive, and You have the obligation to pay, any costs, fees, charges, or expenses of the Company relating to your failure of payment, including without limit the restocking fee below.
5. 20% Restocking Fee. In the event you are in Default under this Agreement and Company is therefore entitled to void any attempted purchase You make, You agree to pay a “Restocking Fee” equal to 20% of the Payment Amount, separate and above any Payment Amount you have already paid to Company, as non-exclusive reasonably related liquidated damages for clarity and convenience, and not as a penalty, to cover Company’s cost, expense and inconvenience relating to such default. Under no circumstances will ammunition, air guns, primer, or powder be accepted for returns.
6. Shipping Procedure. FIREARMS ARE NOT SHIPPED DIRECTLY TO YOU. Our actual receipt of the Payment Amount for the related Goods constitutes an “Order”. If an order includes a firearm, that order will be shipped to the Federal Firearms Licensed dealer (FFL Dealer) you have selected during your purchase process on our Website, and the FFL Dealer registers and transfer your firearm to You. FFL Dealers typically charge a transfer fee for receiving such Goods on your behalf and processing paperwork, and You agree to pay it in full, whether or not you pass the background check. In the event such FFL Dealer is no longer in business or unable or unwilling to accept such shipment, We will select an alternate FFL and notify You by email of the change of FFL. If You choose to not accept the new FFL for your firearm transfer, it is your responsibility to find a FFL Dealer of your choice and notify Us of the change before we ship your order. Once your order has been shipped, the FFL dealer can no longer be changed. In the event that any Goods are non-regulated general merchandise, we may elect to ship this directly to you, instead of to the FFL Dealer, at our sole choice. Note: This Agreement is not the complete agreement for NFA or Class III Items. ATF Form 3 and 4 Transfers will be subject to additional or different terms than appear in this Agreement, including additional taxes, processing costs, the need for photographs, fingerprints, law enforcement co-signature, and other items and procedures, which shall be communicated to you in writing at that time. In no event will such terms limit, reduce or impair any of our rights under this Agreement, but they may place additional costs and burdens upon You. Please call a representative if you need additional information on ATF Form 3 and 4 Transfers. You must read The National Firearms Act, Title 26, United States Code, INTERNAL REVENUE CODE and the ATF National Firearms Act Handbook prior to ordering any NFA or Class III Goods.
7. Pickup of Goods at FFL. You are responsible for picking up any Goods shipped to an FFL Dealer. You will be required to provide identification and pass the background checks and meet any other rules, regulations, restrictions or ordinances in effect in your and the FFL Dealer’s jurisdiction. Note that some states impose a waiting period on the pickup, as required by law. You should discuss any laws or regulations with your FFL Dealer, or with your attorney. Under no circumstances will firearms be accepted for return once the firearm is transferred to You from a FFL Dealer.
8. IF YOU FAIL THE BACKGROUND CHECK, A 20% RESTOCKING FEE WILL BE CHARGED AND THE FIREARM WILL NOT BE TRANSFERRED TO YOU. YOU WILL RECEIVE NO CREDIT AGAINST ANY OTHER PURCHASES. YOU WILL HAVE NO LEGAL RECOURSE AGAINST US OR THE FFL DEALER. REFUNDS WILL NOT BE TRANSACTED UNTIL SAID GOODS HAVE BEEN RECEIVED BACK BY THE COMPANY. ALL SHIPPING COSTS AND/OR FFL FEES WILL BE YOUR RESPONSIBILITY.
9. ASSUMPTION OF BACKGROUND CHECK RISK. YOU UNDERSTAND AND AGREE THAT YOU BEAR AND ASSUME ALL RISKS RELATING TO PASSING OR FAILING ALL FEDERAL, STATE, MUNICIPAL BACKGROUND CHECKS, AND OTHERWISE COMPLYING WITH ANY AND ALL LAWS, STATUTES, ORDINANCES, RULES AND REGULATIONS PERTAINING DIRECTLY OR INDIRECTLY TO THE RIGHTS TO BEAR ARMS AND TAKING POSSESSION OF THE GOODS SUBJECT TO THIS AGREEMENT. YOU UNDERSTAND THAT ANY CRIMINAL HISTORY YOU HAVE, INCLUDING WITHOUT LIMIT, ANY HISTORY OF VIOLENCE, DOMESTIC ABUSE, OR OTHER NEGATIVE PERSONAL HISTORY CAN RESULT IN FAILING A BACKGROUND CHECK AND BEING DENIED THE RIGHT TO TAKE POSSESSION OF YOUR GOODS, EVEN IF SUCH HISTORY IS EXPUNGED, PERTAINS ONLY TO ARRESTS WITHOUT CONVICTION, OR RELATES TO PERIODS OF TIME DURING WHICH YOU WERE A MINOR.
10. Shipping Charges and Buyer Assumption of Shipping Risk. Shipping charges for all Orders shall be as described in the ‘total due’ description of your shopping cart, as summarized in any order confirmation generated by our Website. In the event no shipping description exists, then the Buyer shall pay any and all shipping, freight, delivery and insurance costs relating to the Order, upon demand, and shall hold Company harmless for any delay or default relating to any shipping of the Order. Company shall use any third party shipper at its sole discretion, and makes no warranty express or implied as to the quality or adequacy of any shipping company or the successful delivery of the Goods to Buyer. You agree to assume all risks relating to any default by any third party shipping company. Note that handguns must ship by air under present regulations, while long guns may be shipped by ground. We shall decide at our sole choice which method of shipment shall be used, even though such choice has financial consequences for You. Your specification of an ineligible or impossible destination for shipment result in forfeiture of the Payment Amount, without refund, and cancellation of the order, without credit or further recourse against Us.
(a) No Goods will be shipped outside of the United States;
(b) No Goods will be shipped to restricted areas.
11. Transfer of Title. Title to the Goods shall vest in Buyer upon Buyer’s lawful taking of possession of the Goods from the FFL Dealer. Until the Goods are lawfully released to your possession by the FFL Dealer, they are not Yours, and You have no claim, right, or title to the Goods.
12. Legal Prohibitions and Compliance. Many states prohibit or heavily regulate the purchase and shipment of firearms, ammunition and ordinance by the general public. You are responsible for determining the legality of your use of our site and purchase of our Goods prior to undertaking any purchase or entering into this Agreement. You agree to obtain advice of counsel prior to making any such purchase. You understand that compliance with such laws is your obligation and we are not responsible for inquiring into your actual rights to purchase our Goods, Ordinance or products. You agree to abide by all laws, statutes, rules, regulations and ordinances (“Laws”) of any and all natures, relating directly or indirectly to this Agreement and the Goods, and you warrant that You shall not use this Agreement in part or whole in any effort to circumvent the letter or intent of any Laws.
13. General Default by Buyer. In the event Buyer is in default under any term or condition of this Agreement, in addition to remedies at law, equity or elsewhere described in this Agreement, Company may block Buyer from the Website, terminate Buyer’s Website rights, privileges, information, data, User account, credentials, access, and generally deny Buyer any rights to, or use or functionality of, the site in perpetuity thereafter. Company may also report such default to any third party credit agency or data collection firm, and may share details relating to Buyer and the default with any other third party with legitimate reason to know, including without limit law enforcement, regulators, administrative agencies, judicial personnel, courts, judges, attorneys, mediators and arbitrators. Even if Buyer is not in default, We reserve the right to cancel any order for any reason subject to refund to You of any amounts You have paid to Us relating to such cancelled order.
14. SELLER’S DISCLAIMERS OF WARRANTY. SELLER HEREBY DISCLAIMS ANY AND ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING WITHOUT LIMIT WARRANTIES RELATING TO MERCHANTABILITY, FITNESS FOR PARTICULAR USE, OR WARRANTIES ARISING OUT OF COURSE OF DEALING OR INDUSTRY CUSTOM, RELATING TO THE GOODS, SELLER’S SERVICES, SELLER’S WEBSITES, OR BUYER’S ABILITY TO PASS ANY BACKGROUND CHECKS OR LIKELIHOOD TO SUCCEED IN TAKING POSSESSION OF GOODS. YOU UNDERSTAND THAT THE GOODS YOU ARE PURCHASING ARE AS-IS, WITH ALL FAULTS. YOU AGREE THAT YOU ARE RELYING UPON NO REPRESENTATIONS BY ANYONE TO THE CONTRARY. SELLER HAS NOT AUTHORIZED ANY AGENT, EMPLOYEE OR OTHER PARTY TO MAKE ANY STATEMENTS CONTRARY TO THE DISCLAIMERS OF WARRANTIES CONTAINED IN THIS AGREEMENT.
15. EXCULPATORY CLAUSE /ASSUMPTION OF RISK / RELEASE OF LIABILITY. AS PART OF THE LAWFUL CONSIDERATION FOR THIS AGREEMENT AND PURCHASING THE GOODS IDENTIFIED THERETO, I THE BUYER DO HEREBY RELEASE FROM ANY LEGAL LIABILITY, AGREE NOT TO SUE, CLAIM AGAINST, ATTACH THE PROPERTY OF OR PROSECUTE, AND FURTHER AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE SELLER, AND ALL OF ITS OWNERS, OFFICERS, MEMBERS, ORGANIZATIONS, AFFILIATES, AGENTS, ASSIGNS AND EMPLOYEES FOR CLAIMS RELATING TO, ANY ACCIDENTAL, UNINTENTIONAL, EMOTIONAL OR NEGLIGENT INJURY TO ME THE BUYER, MY FAMILY, ASSOCIATES, GUESTS, INVITEES AND COHABITANTS, INCLUDING WITHOUT LIMIT INJURY OR DEATH TO ME THE BUYER OR SUCH THIRD PARTIES, RESULTING FROM, OR RELATING TO, MY PURCHASE, OWNERSHIP AND OR USE OF THE FIREARMS, AMMUNITION AND OTHER GOODS IDENTIFIED TO THIS AGREEMENT. THIS RELEASE SHALL INCLUDE WITHOUT LIMITATION CLAIMS FOR NEGLIGENCE, INCLUDING NEGLIGENCE PER SE. HOWEVER, NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS RELEASE OF LIABILITY FOR SELLER’S WILLFUL AND WANTON RECKLESSNESS OR INTENTIONAL HARM. THE NATURE OF THE GOODS AND ALL OTHER HAZARDS AND EXPOSURES CONNECTED WITH BEING AN OWNER AND USER OF FIREARMS AND AMMUNITION INVOLVES RISK AND I AM COGNIZANT OF THE RISKS AND DANGERS, INCLUDING WITHOUT LIMIT PERSONAL INJURY AND EVEN DEATH, TO ME THE BUYER, MY FAMILY, ASSOCIATES, GUESTS, INVITEES, COHABITANTS AND THIRD PARTIES, AND THAT I AM FULLY CAPABLE OF SAFELY OWNING AND USING FIREARMS AND AMMUNITION, AND WILLINGLY ASSUME ANY RISK OF SUCH INJURY OR DEATH AS MY RESPONSIBILITY. I AGREE THAT THIS EXCULPATORY CLAUSE IS VALID, THAT IT DOES NOT VIOLATE ANY DUTY TO THE PUBLIC; THAT THE NATURE OF THE GOODS TO BE RECEIVED HAS BEEN CLEARLY EXPRESSED; THAT THIS AGREEMENT WAS FAIRLY ENTERED INTO; AND THAT THE EXCULPATORY INTENTIONS OF THE PARTIES ARE EXPRESSED CLEARLY AND UNAMBIGUOUSLY.
16. TOS, EULA and Privacy Policy Incorporation. The Company’s End User License Agreement, Terms of Service and Privacy Policy are hereby incorporated hereinto by reference, as such exist as of the date hereof. In the event any terms of such conflict with the terms of this Agreement, the terms of this Agreement shall govern and control.
17. INDEMNIFICATION AGAINST THIRD PARTY CLAIMS. BUYER AGREES TO INDEMNIFY, DEFEND, AND HOLD COMPANY AND ITS OWNERS, AGENTS, ATTORNEYS, SUCCESSORS, AND ASSIGNS, HARMLESS FOR AND AGAINST, ANY THIRD PARTY CLAIMS RELATING DIRECTLY OR INDIRECTLY TO THE GOODS, PICKUP, OR THIS AGREEMENT, INCLUDING WITHOUT LIMIT CLAIMS OF PRODUCTS LIABILITY, QUALITY, NEGLIGENCE, OR FAILURE BY BUYER TO BE LEGALLY ENTITLED TO TAKE POSSESSION OF THE GOODS, AND INCLUDING WITHOUT LIMIT ANY CLAIMS AGAINST SELLER BY ANY CONSTITUTED GOVERNMENT AUTHORITY OR NON-GOVERNMENTAL-ORGANIZATION, SO LONG AS SUCH ARE NOT THE PREPONDERANT FAULT OF SELLER. BUYER SHALL ALSO WAIVE ANY CLAIM AGAINST SELLER RELATING TO ACTIONS OR INACTIONS OF ANY AGENT OR FFL DEALER PURSUANT TO WORK DONE BY SUCH PARTY WITH RESPECT TO CONDUCT OF BACKGROUND CHECKS AND PICKUP AND DELIVERY OF GOODS. BUYER’S SOLE REMEDY AGAINST SUCH AGENTS AND FFL DEALERS SHALL BE AGAINST THEM DIRECTLY, LIMITED TO AN AMOUNT NOT TO EXCEED $200, AND BUYER AGREES TO WAIVE ANY AND ALL CLAIMS UNDER RESPONDEAT SUPERIOR OR ANY OTHER THEORY OF LAW OR EQUITY AGAINST SELLER FOR THE ACTS AND/OR OMISSIONS OF SUCH THIRD PARTIES, AGENTS, OR INDEPENDENT CONTRACTORS.
18. PERSONAL GUARANTY. THE NATURAL PERSON EXECUTING OR ENTERING THIS AGREEMENT ON BEHALF OF BUYER, IN THE EVENT BUYER IS A COMPANY, LLC OR CORPORATION, OR OTHER NON-NATURAL PERSON, AGREES TO BE PERSONALLY LIABLE FOR ANY AND ALL OBLIGATIONS AND SUMS DUE TO SELLER UNDER THIS AGREEMENT, AS IF HE OR SHE WERE BUYER, AND THAT ALL WARRANTIES AND REPRESENTATIONS ATTRIBUTABLE TO THE BUYER IN THIS AGREEMENT ARE SATISFIED IN EVERY WAY BY YOU THE NATURAL PERSON AND BY ALL NATURAL PERSONS INVOLVED WITH THE BUYER ENTITY.
19. LIMITATION OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IF BUYER BRINGS ANY ACTION CONCERNING THIS AGREEMENT AT LAW OR EQUITY AGAINST THE SELLER, ITS EMPLOYEES, OWNERS, SUCCESSORS, AGENTS, OR ASSIGNS, NO SUCH CAUSE OF ACTION SHALL INCLUDE A CLAIM, NOR MAY RECOVERY BE HAD, FOR ANY NEGLIGENCE, OR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF LIFE, HEALTH, USE, LOSS OF TIME, LOSS OF PROFITS OR INCOME, BY BUYER, OR ANY THIRD PARTY, EVEN IF SELLER, ITS EMPLOYEES, OWNERS, AGENTS, SUCCESSORS OR ASSIGNS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE SELLER’S TOTAL LIABILITY FOR DAMAGES ARISING IN CONNECTION WITH THIS AGREEMENT SHALL IN NO EVENT EXCEED THE TOTAL AMOUNTS PAID BY BUYER UNDER THIS AGREEMENT. NOTHING IN THIS SECTION SHALL OPERATE TO LIMIT THE AMOUNT OR THEORY OF DAMAGES WHICH ARE AVAILABLE TO THE SELLER IN CONNECTION WITH THIS AGREEMENT OR ANY CLAIM ARISING THEREFROM, INCLUDING THE SELLER’S POSSIBLE COUNTERCLAIMS IN SUITS CONCERNING THIS AGREEMENT.
20. Seller’s Security Interest. Seller shall have a security interest in the Goods. All liabilities and debts owing by Buyer in favor of Seller under this Agreement shall be subject to such security interest.
21. Buyer Warranties. Buyer promises, warrants and swears as follows, knowing that We the Seller and others will rely upon such promises:
a. Buyer Qualifications. You warrant that You are in all respects qualified to take possession of the Goods as of the time of this Agreement and have no reason to believe that you may not pass a required background check relating to purchasing, owning or taking possession of a firearm or ammunition; and
b. License. Buyer promises that it has any and all licenses, certifications, registrations, qualifications, tests, visas, status documents, approvals, bonds, or other legal, quality or regulatory requirements (“Licenses and Certifications”) necessary or required for entering into this Agreement, purchasing, and taking possession of Ordinance and the Goods;
c. Firearms Safety Classes. You agree that you have completed, or will have taken and completed, a firearms safety course or concealed carry class offered by an FFL Dealer, prior to taking possession of any Goods.
d. Restricted Access by Children. Buyer warrants that the Goods when not in use will be at all times stored in a locked safe and inaccessible to any minors or persons not a Party to this Agreement, and that You the Buyer will not permit handling, possession or use of the Goods by minors and will take all reasonable steps to prevent such.
e. Not For Unqualified Others (“Straw Purchase”). You agree that you are not purchasing any Goods on behalf of any person legally unable to either make such purchase or take delivery, or unable to execute this Agreement or truthfully make and satisfy all of the Buyer’s warranties under this Agreement, and you are not purchasing the Goods and or picking them up in order to assist a third party to obtain the Goods who cannot themselves pass a background check, execute this Agreement, or qualify legally or contractually to buy firearms and ammunition as provided for in our Website and this Agreement.
f. California Resident Buyers. In order to properly process your transactions we will need a valid FFL number as well as a 5-digit CFLC (California Firearms Licensee Check) number. You can call one of your local gun dealers if you have any questions about FFL or CFLC numbers. Please have this information available at the time of purchase in order to expedite the process. You warrant hereby that you have such FFL and CFLC numbers. Other states may have other requirements and restrictions. Consult Your attorney and FFL Dealer.
g. Other California Information. Note – You are aware that most AR15 rifles and other “assault” type rifles are NOT legal for civilians in California. Click here for California Firearms Information. You can also click here for the latest California Bureau of Firearms information bulletins. Firearms that are legal for sale in California are indicated as such on our website. In case of error, your payment will be refunded and your transaction will be cancelled.
h. Domestic Orders Only. You agree that no Order is intended for international use or distribution, that you are now and will be at the time you shall attempt to take possession, a United States citizen, naturalized alien, or legal resident alien with valid green card, lawfully present in the United States. No international orders will be accepted.
i. 18 or Older. You affirm that you are at least 18 years of age. We do not sell firearms to persons under the age of 21. We do not sell ammunition to persons under the age of 18. If you are under the age of 18, you may not use our website or order any Goods through our company; rather you must have your parent or legal guardian do so for you.
j. No Lawsuits, Arrests, Incarcerations, or Investigations. You warrant that you are not presently a plaintiff, defendant, petitioner, or respondent in any legal matter, petition, lawsuit or arbitration, and are not the subject of any administrative, criminal or regulatory investigation, review or proceeding. You promise that you are not on probation, a parolee or fugitive with respect to any judgment, sentence, order or conviction in any jurisdiction, nation, court or authority. You promise that there are no outstanding warrants or pending criminal charges against you. You warrant that you are in compliance with any and all court orders and decrees, including without limit any relating to the payment of alimony, spousal maintenance, or child support.
k. No Prior Denials, No Forbidden Status. You promise that you have never been at any time or during any period denied the right to own firearms or ammunition in the past, and are presently under no such prohibition or restriction. You promise that you are not a resident in any mental health institution and have never had any mental disorder requiring medical treatment or professional therapy. You promise that you have never been dishonorably discharged by any branch of any armed force or national guard.
l. No Use of Goods By Certain Third Parties. You agree not to permit any person to use or possess the Goods for any reason in the event such person could not truthfully and completely make the warranties and promises in this Agreement.
22. Anti-Terrorism Compliance. You agree to comply with and assist Us to the fullest extent possible in Our efforts to comply with Anti-Terrorism Laws (as defined below), and agree to take any and all further steps as necessary to effectuate the intent of this Section. As a result, You certify, represent, and warrant that: (i) none of Your property or interests is subject to being “blocked” under any of the Anti-Terrorism Laws and that You are not otherwise in violation of any of the Anti-Terrorism Laws; (ii) none of them is listed in the Annex to Executive Order 13224 (which can be accessed at http://www.treasury.gov/offices/enforcementJofac/sanctions /terrorism.html); (iii) you will refrain from hiring (or, if already employed, retain the employment of) any individual who is listed in the Annex; (iv) You have no knowledge or information that, if generally known, would result in You, your partners, agents, predecessors in interest, employees, or anyone associated with You being listed in the Annex to Executive Order 13224; (v) You are solely responsible for ascertaining what actions You must take to comply with the Anti-Terrorism Laws, and You specifically acknowledge and agree that Your indemnification responsibilities set forth in this Agreement pertain to Your obligations under this Section; (vi) any misrepresentation under this Section or any violation of the Anti-Terrorism Laws by You, Your partners, agents, predecessors in interest, employees, or anyone associated with You, shall constitute grounds for immediate termination of this Agreement and any other agreement You have entered into with Us or any of Our affiliates. For purposes of this Agreement, “Anti-Terrorism Laws” means Executive Order 13224 issued by the President of the United States, the Terrorism Sanctions Regulations and other regulations found at 31 CFR 515, 595, 597 and any laws which now pertain or which may in the future pertain to the matters of this nature.
23. Theft. In the event any firearm or ammunition you obtain from us is stolen, you agree to file a timely police report relating to theft of any of the Goods, and you agree to send us written notice by email of the time, date, Goods, and location relating to the theft, and a copy of any incident, case, or investigation number assigned by any law enforcement personnel.
24. Limitation of Actions. No claim or action concerning, related to, or arising out of this Agreement or any breach of or default under this Agreement, may be commenced by You more than six (6) months after the occurrence of any alleged breach or default by US. Our claims against You under this Agreement, shall nevertheless enjoy the entire limitation of actions period specified in State Statute. You understand that this gives Us more time to bring claims against you than you have to bring claims against Us.
25. Modifications/Effect of Waiver. No waiver or modification of this Agreement, in whole or in part, will be valid unless in hard copy writing and duly manually executed by each of the Parties. No verbal or email course of dealing shall reduce the effect of this requirement. Any waiver of any term, condition or provision of this Agreement will not constitute a waiver of any other term, condition or provision hereof, nor will a waiver of any breach of any term, condition or provision constitute a waiver of any subsequent or succeeding breach.
26. Assignment. Buyer may not assign any rights or obligations under this Agreement. The Seller may freely assign all rights and obligations hereunder, even if such assignment is to the possible detriment of Buyer.
27. Severability/Enforceability. In the event that any paragraph or provision of this Agreement is held to be illegal, invalid or unenforceable by any court of competent jurisdiction, such holding will not affect the validity or enforceability of the remaining paragraphs or provisions. To the extent that any paragraph or provision is rendered so unenforceable, including without limit because it is overly broad or unduly narrow, that paragraph or provision shall be modified, limited or expanded to the extent required by applicable law in order to become enforceable, and shall be construed as having originally been so drafted.
28. Disclaimer of Agency, Affirmation of Independence. The Parties agree that no agency relationship shall exist or be imputed between them.
29. Attorney’s Fees. If any dispute arises between the Parties under this Agreement, even if such dispute is not litigated, the prevailing Party shall be entitled to their actual costs and fees relating thereto, including without limit their actual attorney’s fees and costs, payable by the other Party.
30. Choice of Law/Venue/Interpretations/Remedies/Juries. The Parties agree that this Agreement shall be governed by the laws of the State of Colorado, excluding its conflicts of laws provisions, and that venue shall be proper and exclusive to the state courts sitting in Denver, Colorado. No presumption shall arise due to one Party having drafted this Agreement. Unilateral clauses are bargained for and shall not be construed as operating bilaterally. Titles and captions herein are for courtesy only and are not a part of this Agreement, nor shall they have any interpretive weight in any dispute regarding this Agreement. The Parties agree that any damages under this Agreement will be of a nature which might not be remedied by monetary damages alone, and that additional equitable remedies shall be permitted for such, and that any such equitable remedies shall be non-exclusive and without bond. The Parties hereby waive the right to trial by jury of any matters arising out of this Agreement or the conduct of the relationship between the Parties.
31. Binding Effect. This Agreement shall inure to the benefit of, and be binding upon, the Parties hereto and their respective successors, assigns, executors, administrators, and nominees.
32. Force Majeure. If by reason of acts of God, floods, storms, explosion, fires, labor troubles, strikes, insurrection, terrorism, revolution, political instability, kidnapping, riots, acts of the public enemy, or foreign, federal, state or local law, order, rule, or regulation, server or internet failure, Seller is practically prevented from complying with any term or condition of this Agreement, or from complying with any express or implied term in the Agreement, then while so prevented the term or condition shall be suspended and Seller shall be relieved of the obligation of complying with such covenant and shall not be liable for damages for failure to comply with it.
33. Survival. Paragraphs 4, 5, 8, 9, 10, 13, 14, 15, and 17 through 37 inclusive, shall survive the termination or completion of this Agreement and remain in full force, as shall all terms of this Agreement which expressly or impliedly so survive.
34. Counterparts. This Agreement may be executed by electronic acceptance, and in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Facsimile and electronic signatures, such as the ticking or marking of a box or acceptance button, shall count as originals.
35. Entire Agreement. This Agreement contains the complete agreement of the Parties and will supersede any and all other agreements, understandings and representations by and between the Parties hereto, written or verbal. The Parties affirm that they are sophisticated, that this is a fully-integrated agreement, that it is not a contract of adhesion, that it was freely negotiated for value, that no parol evidence shall be admissible or useable for any purpose in any dispute arising under this Agreement, and that each has either had advice of legal counsel regarding the propriety of entering into this Agreement, or has ample time to attain such counsel and has freely elected to proceed without it.
THIS AGREEMENT GOVERNS YOUR PURCHASES AND USE OF OUR WEBSITE. READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE, SOFTWARE OR SERVICES, AND BEFORE MAKING ANY PURCHASES, AND INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" (OR EQUIVALENT) BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS, SELECT THE "DECLINE" (OR EQUIVALENT) BUTTON AT THE END OF THIS AGREEMENT.
THIS AGREEMENT SUBSTANTIALLY RESTRICTS YOUR LEGAL RIGHTS, LIMITS OUR LIABILITY, AND CONTAINS WAIVERS AND OTHER TERMS FAVORABLE TO US WHICH REDUCE YOUR LEGAL RIGHTS.
WARNING: IF YOU FAIL THE FIREARMS BACKGROUND CHECK YOU WILL BE UNABLE TO PICKUP YOUR GOODS, YOU WILL FORFEIT YOUR ENTIRE EXPENDITURE, AND YOU WILL GET NO CREDIT OR HAVE ANY RIGHTS OR RECOURSE AGAINST US.
Effective April 11, 2016
