GUN GEAR USA Terms and Conditions of
Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT") VERY
CAREFULLY.
TERMS AND
CONDITION OF SALE
TERMS AND CONDITION OF USE
BY VISITING, BROWSING, SHOPPING, ACCESSING OR
OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY GUN GEAR
USA YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Important Information About This Legal
Contract
You
agree to this User Agreement, and all of its terms and conditions, by visiting,
browsing, shopping, accessing or otherwise using the Site. These terms and
conditions are subject to change without prior notice at any time, in
GUN GEAR USA's sole discretion. By visiting, browsing,
shopping, accessing or otherwise using the Site after a change has been posted
to the Site, the Customer accepts that change. Customers should check this User
Agreement and the Privacy Pledge frequently
Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions,
constitute a legal contract between you and GUN GEAR USA
(References to "you" or "your" shall relate to a customer of GUN GEAR
USA or other party that visits, browses, shops, accesses or otherwise
uses the Site (the "Customer"); references to "GUN GEAR USA"
shall relate to GUN GEAR USA and its affiliates.) By visiting,
browsing, shopping, accessing or otherwise using this site ("Site"), you
acknowledge that you have read, understood, and agree to be bound by this User
Agreement and comply with all applicable laws and regulations, including U.S.
export and re-export control laws and regulations. If you do not agree to this
User Agreement, as it may be changed by GUN GEAR USA from time
to time, do not use this Site. The material provided on this Site is protected
by law, including, but not limited to, United States copyright law and
international treaties. This Site is controlled and operated by GUN GEAR
USA from its offices within the United States. GUN GEAR
USA makes no representation that materials in the Site are appropriate
or available for use in other locations, and access to them from territories
where their contents are illegal is not authorized. Those who choose to access
this Site from other locations do so on their own initiative and are responsible
for compliance with applicable local laws.
Any claim relating to, and the use
of, this Site and the materials contained herein is governed by the laws of the
state of ARKANSAS without regard to conflict of law rules. You consent to
jurisdiction of the federal and state courts located in PULASKI County, ARKANSAS
to hear any such claims.
LAWS PERTAINING TO WEAPONS AND WEAPON
ACCESSORIES:
Laws change regularly especially state &
local city laws, As we reside in Arkansas, other states laws are hard for us to
know all of the time. Therefore please remember if you are in ANY DOUBT as if
you are allowed to own/purchase the item/s in question - contact your local and
state law enforcement office for more information. It is YOUR RESPONSIBILITY to
legally know and abide by your laws.
Six states ban large capacity
ammunition magazines to one degree or another: California, Hawaii, Maryland,
Massachusetts, New Jersey and New York.
You are required to know your
federal, state & local laws before purchasing ANYTHING From
us.
STATES THAT STUNNING DEVICES ARE RESTRICTED:
HAWAII,
MASSACHUSETTS, MICHIGAN, NEW JERSEY, NEW YORK, RHODE
ISLAND, and WISCONSIN
CITIES WHERE STUNNING DEVICES ARE
RESTRICTED:
ANNAPOLIS, MD BALTIMORE, MD BALTIMORE COUNTY, MD CHICAGO, IL
DENSION / CRAWFORD COUNTY, IA (*According to Sheriff Tom Hogan*) DISTRICT OF
COLUMBIA PHILADELPHIA
You Must be over the
age of 21 years old to Purchase from this site.
Access, Interference and Linking
GUN GEAR USA grants you a limited license to
access and make personal use of the Site and not to download (other than page
caching) or modify it, or any portion of it, except as provided below under "Use
Restrictions," or with express written consent of GUN GEAR
USA.
The following activity on the Site is expressly prohibited: Any
non-personal or commercial use of any robot, spider, other automatic device, or
manual process to monitor or copy portions of the Site or the content contained
herein without prior written permission by GUN GEAR USA;
collection or use of any product listings, descriptions, or prices, from the
Site for the benefit of another merchant that supplies products competitive with
or comparable to those offered on the Site; and, Any use of, visits to, or other
action that imposes an unreasonable or disproportionately large load on the
Site, or otherwise interferes with its proper and timely functioning.
Any unauthorized use terminates the license granted by
GUN GEAR USA.
You are granted a limited, revocable, and
nonexclusive right to create a hyperlink to the home page of the Site so long as
the link does not portray GUN GEAR USA, its affiliates, or
their products or services in a false, misleading, derogatory, or otherwise
offensive matter. You may not use any GUN GEAR USA logo or
other proprietary graphic or trademark as part of the link without express
written permission.
GUN GEAR USA does not review or control
third-party sites that link to or from the Site, and is not responsible for the
contents of any third-party sites linked to or from the Site.
Use Restrictions
The copyright in all material provided on this Site is held by
GUN GEAR USA or by the original creator of the material. Except
as stated herein, none of the material may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form or by any
means, including, but not limited to, electronic, mechanical, photocopying,
recording, or otherwise, without the prior written permission of GUN
GEAR USA or the copyright owner. Permission is granted to display,
copy, distribute and download the materials on this Site for personal,
non-commercial use only, provided you do not modify the materials and that you
retain all copyright and other proprietary notices contained in the materials.
This permission terminates automatically if you breach any of these terms or
conditions. Upon termination, you must immediately destroy any downloaded or
printed materials. You also may not, without GUN GEAR USA 's
prior written permission, "mirror" any material contained on this Site on any
other server. Any unauthorized use of any material contained on this Site may
violate copyright laws, trademark laws, the laws of privacy and publicity, and
communications regulations and statutes.
All trademarks and registered
trademarks are the sole property of their respective owners. Photographs
courtesy of respective manufacturers. GUN GEAR USA and the
Circle of Service logo are trademarks of GUN GEAR USA Copyright
© 2002 GUN GEAR USA.
Microsoft and the Passport Logo are either registered
trademarks or trademarks of Microsoft Corporation in the United States and/or
other countries and are used under license from Microsoft.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, SHALL GUN GEAR USA BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT
LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO
USE, THE MATERIALS ON THIS SITE, EVEN IF GUN GEAR USA OR A
GUN GEAR USA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN
THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME
ANY COSTS THEREOF. 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.
Arbitration
By
accessing the Site and using the information therein available and/or by
purchasing any products or services made available through this Site, you agree
with GUN GEAR USA, its service providers, agents, employees,
successors, assigns, affiliates, parents, subsidiaries and any content provider
or offer or of goods or services on this Site or through any other associated
activity, that ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM OR
DISPUTE THAT YOU MAY HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER
RELATED TO THE DESCRIBED TRANSACTIONS OR OTHERWISE, INCLUDING THE ENFORCEABILITY
OF THIS ARBITRATION AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY
BINDING ARBITRATION under the Code of Procedure of ARBITRATION-FORUM.COM (the
"Code") in effect at the time the claim is filed. The Code is available at
http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448.
Notwithstanding any choice of law provision included in this User Agreement,
this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C.
§§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9
U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the
award is sought). Hearings shall be held as provided by the Code and if any
In-person Hearing is required, it shall be held in LITTLE ROCK, ARKANSAS. Each
party shall bear its own cost of any legal representation, discovery, or
research required to complete arbitration.
Privacy
Please
review our Privacy Notice, which also governs your visit to this Site.
You
are responsible for maintaining the confidentiality of your account and password
and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account or password. If
you are under 18, you may use the Site only with a parent or guardian.
GUN GEAR USA reserves the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in its sole
discretion.
Communications to GUN GEAR
USA
Any communication or material you
transmit to the Site by electronic mail or otherwise, including any data,
questions, comments, suggestions, or the like is, and will be treated as,
non-confidential and non-proprietary. Anything you transmit or post may be used
by GUN GEAR USA for any purpose, including but not limited to
reproduction, disclosure, transmission, publication, broadcast, and posting.
Furthermore, GUN GEAR USA is free to use any ideas, concepts,
know-how, or techniques contained in any communication you send to GUN
GEAR USA or the Site for any purpose whatsoever, including but not
limited to developing, manufacturing and marketing products using such
information.
Copyright Complaints
If you believe that your work has been copied in a way that
constitutes copyright infringement, please contact:
GUN GEAR
USA
P.O. Box 17187
Little Rock AR, 72222
Phone: (501)
291-1243
Email: rtipton@gungearusa.com
Disagreement with These Terms and
Conditions
If you disagree with any of the
terms and conditions of this User Agreement, please do not visit, browse, shop,
access or otherwise use this Site.
GUN GEAR USA Terms
and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE
("SALE AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE
AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A
SEPARATE FORMAL PURCHASE AGREEMENT WITH GUN GEAR USA. IN WHICH
CASE THE SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal
Contract
This Sale Agreement is a legal
contract between the Customer and GUN GEAR USA. The Customer
accepts this Sale Agreement by making a purchase, placing an order, or otherwise
shopping on the Site. (References to "you" or "your" shall relate to the
Customer; references to "GUN GEAR USA" shall relate to
GUN GEAR USA and its affiliates.) The terms and conditions of
this Sale Agreement are subject to change without prior notice, except that the
terms and conditions posted on the Site at the time the Customer initially
places or modifies an order will govern the order in question.
This Sale Agreement constitutes the entire agreement
between the Customer and GUN GEAR USA relating to the purchase
or sale of goods or services on the Site. The Sale Agreement may only be
modified or terminated with regard to goods or services that have been purchased
or sold on the Site in a writing signed by GUN GEAR USA.
Electronic records (including signatures), that are otherwise valid, shall be
accepted under the Sale Agreement. The Customer consents to receiving electronic
records, which may be provided via a web browser or e-mail application connected
to the Internet; consumers may withdraw consent to receiving electronic records
or have the record provided in non-electronic form by contacting GUN
GEAR USA at the address provided below.
In the event of any conflict between the terms and
conditions stated on your purchase order and this Sale Agreement or any terms
and conditions on our invoice, you agree that the provisions of this Sale
Agreement and our invoice shall control.
Governing Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE
LAWS OF THE STATE OF ARKANSAS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE
CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN
PULASKI COUNTY, ARKANSAS FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING
OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss
Title to goods herein being purchased is retained by the seller
until goods are paid for by the purchaser and at that time title passes to the
purchaser. Loss or damage that occurs during shipping by a carrier selected by
GUN GEAR USA is GUN GEAR USA's responsibility.
Loss or damage that occurs during shipping by a carrier selected by Customer is
Customer's responsibility. Title to software will remain with the applicable
licensor(s).
Export Sales
If
goods herein being purchased are being purchased for purposes of export, the
Customer must obtain from the federal government certain export documentation
before shipping to a foreign country. In addition, manufacturers' warranties for
exported goods may vary or even be null and void for goods exported outside the
United States. The Customer should inquire further regarding any questions. Any
and all liability is only for the products purchased.
General Legal Disclaimer
GUN GEAR USA HEREBY EXPRESSLY DISCLAIMS ALL
WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER
BY GUN GEAR USA IN NO WAY AFFECTS THE TERMS OF THE
MANUFACTURER'S WARRANTY, IF ANY.
When you purchase ANYTHING from GUN GEAR USA
(Forward Movement Holdings, LLC) you agree to accept all risks related
to/and or related to your ownership and use of the merchandise and agree to hold
GUN GEAR USA (Forward Movement Holdings, LLC) HARMLESS from any and all claims
brought by any person or entity related from/to and/or arising from your
ownership of any merchandise purchased from GUN GEAR USA (Forward Movement
Holdings, LLC).
Internet Disclaimer
Internet connectivity requires access services from an Internet
access provider. Contact your local access provider for rates, terms and
conditions.
56K Disclaimer
56K modems are capable of 56Kbps downloads, however, current
regulations limit download speed to 53Kbps.
Third-Party Product and Y2K
Disclaimer
All products sold by GUN
GEAR USA are third party products and are subject to the warranties and
representations of the applicable manufacturers, including but not limited to
Y2K compliance. Accordingly, GUN GEAR USA makes no
representation or warranty with respect to the Y2K compliance of products
sold.
Pricing and Information
Disclaimer
All pricing subject to change. For
all prices, products and offers, GUN GEAR USA reserves the
right to make adjustments due to changing market conditions, product
discontinuation, manufacturer price changes, errors in advertisements and other
extenuating circumstances. High volume bids are welcome!
While GUN
GEAR USA uses reasonable efforts to include accurate and up-to-date
information on the Site, Gun Gear Usa makes no warranties or representations
as to the Site's accuracy. GUN GEAR USA assumes no liability or
responsibility for any errors or omissions in the content on the Site.
Limitation of Liability
GUN GEAR USA WILL NOT BE LIABLE FOR LOST
PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE
DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY
ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. GUN GEAR
USA WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR
USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY
LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, GUN GEAR
USA IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE
AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS
AGREEMENT.
Arbitration
ANY
CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER
PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL
TORT AND EQUITABLE CLAIMS) arising from or relating to this Sale Agreement, its
interpretation, or the breach, termination or validity thereof, the
relationships which result from this Sale Agreement (including, to the full
extent permitted by applicable law, relationships with third parties who are not
signatories to this Sale Agreement), GUN GEAR USA's
advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY
BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF)
under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at
the time the claim is filed. The Code is available at
http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448.
Notwithstanding any choice of law provision included in this Sale Agreement,
this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C.
§§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9
U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the
award is sought). Hearings shall be held as provided by the Code and if any
In-person Hearing is required, it shall be held in LITTLE ROCK, ARKANSAS.
Judgment on the award rendered by the arbitrator(s) may be entered by any court
having jurisdiction. Each party shall bear its own cost of any legal
representation, discovery, or research required to complete arbitration.
Orders; Payment Terms; Interest;
Taxes
Orders are not binding upon GUN
GEAR USA until accepted by GUN GEAR USA. Terms of
payment are within GUN GEAR USA's sole discretion. Invoices are
due and payable within the time period noted on the invoice, measured from the
date of the invoice. GUN GEAR USA may invoice parts of an order
separately. Customer agrees to pay interest on all past-due sums at the highest
rate allowed by law. The Customer is responsible for sales and all other taxes
associated with the order.
Freight Policy
Shipping and handling charges on all orders vary; contact your
GUN GEAR USA account manager for our most current and
competitive rates, options and shipping specials. For the Customer's protection,
we ship only to the verified billing address of the Customer's credit card. In
some circumstances, international shipping may be available. Call for details.
Return Policy
| • |
GUN GEAR
USA offers a 30 days return policy on selected items based on
manufacturer return policies. For further information not listed, please
contact your GUN GEAR USA account manager. |
| • |
Please call (501) 291-1243
or e-mail our Returns Department at rtipton@gungearusa.com to obtain
a Return Merchandise Authorization (RMA) number before shipping your
product. NO returns of any type will be accepted without an RMA number.
For faster service, please have the following information on hand when
calling for an RMA number: customer name, invoice number, serial number
and nature of the problem. |
| • |
All products returned MUST:
be 100 percent complete, contain ALL original boxes and packing materials,
have original UPC codes on the manufacturer boxes, contain all manuals,
blank warranty cards and other accessories and documentation provided by
the manufacturer. |
| • |
You are responsible for
shipping charges on returned items; GUN GEAR USA will
match your shipping method on your replacement or exchange item(s).
|
| • |
GUN GEAR
USA strongly recommends you fully insure your return shipment in
case it is lost or damaged and you use a carrier that can provide you with
proof of delivery for your protection. |
| • |
If merchandise arrives
damaged: it is best to REFUSE it back to the carrier attempting delivery.
If you accept the package make sure it is noted on the carrier's delivery
record in order for GUN GEAR USA to file a damage claim.
Save the merchandise AND the original box and packing it arrived in,
notify GUN GEAR USA immediately to arrange for a carrier
inspection and a pick up of damaged merchandise. If you do not notify
GUN GEAR USA of damaged goods within the first 15 days of
arrival, our regular return policy will override any claim of damage, and
will fall under all current manufacturer restrictions. Call (501) 291-1243
or your GUN GEAR USA account manager to arrange for
carrier inspection and a pick up of damaged merchandise. |
| • |
DEFECTIVE returns can be
returned directly to GUN GEAR USA within 30 days from the
invoice date, at GUN GEAR USA's discretion for: credit,
replacement, exchange or repair. |
| • |
Manufacturer restrictions
do apply and are outlined in our detailed policy. Any item that is missing
the UPC can ONLY be replaced with the same item. After 30 days, all
manufacturers' warranties apply. |
| • |
NON-DEFECTIVE returns can
be accepted directly by GUN GEAR USA within 30 days from
the invoice date, at GUN GEAR USA's discretion for:
credit, exchange. All NON-DEFECTIVE returns are subject to a 15 percent
restocking fee. |
 |
|
GUN GEAR USA reserves the right to
authorize product returns beyond 30 days from the invoice date. Original
shipping charges are not refunded on returned items. Customers are responsible
for all shipping charges back to GUN GEAR USA on returned
items, and GUN GEAR USA will pay the shipping charges on the
replacement or exchange item(s) going back.
Credit Cards
Credit card charges are processed online after ordering the
products and/or services.