TERMS OF USE
Last updated
January 29, 2018
AGREEMENT TO TERMS
These Terms of Use
constitute a legally binding agreement made between you, whether personally or
on
behalf of an entity
(“you”) and Blackridge Rifle Company (“we,” “us” or “our”), concerning your
access to and use of
the blackridgeriflecompany.com
website as well as any other media form, media channel, mobile website or
mobile application
related, linked, or otherwise connected thereto (collectively, the “Site”). You
agree that by
accessing the Site,
you have read, understood, and agreed to be bound by all of these Terms of Use.
IF
YOU DO NOT AGREE
WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY
PROHIBITED FROM
USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms
and conditions or documents that may be posted on the Site from time to time are
hereby expressly
incorporated herein by reference. We reserve the right, in our sole discretion,
to make
changes or
modifications to these Terms of Use at any time and for any reason. We will
alert you about any
changes by updating
the “Last updated” date of these Terms of Use, and you waive any right to
receive
specific notice of
each such change. It is your responsibility to periodically review these Terms
of Use to stay
informed of
updates. You will be subject to, and will be deemed to have been made aware of
and to have
accepted, the
changes in any revised Terms of Use by your continued use of the Site after the
date such
revised Terms of
Use are posted.
The information
provided on the Site is not intended for distribution to or use by any person
or entity in any
jurisdiction or
country where such distribution or use would be contrary to law or regulation
or which would
subject us to any
registration requirement within such jurisdiction or country. Accordingly,
those persons who
choose to access
the Site from other locations do so on their own initiative and are solely
responsible for
compliance with
local laws, if and to the extent local laws are applicable.
The Site is
intended for users who are at least 18 years old. Persons under the age of 18
are not permitted
to use or register
for the Site.
INTELLECTUAL
PROPERTY RIGHTS
Unless otherwise
indicated, the Site is our proprietary property and all source code, databases,
functionality,
software, website
designs, audio, video, text, photographs, and graphics on the Site
(collectively, the
“Content”) and the
trademarks, service marks, and logos contained therein (the “Marks”) are owned
or
controlled by us or
licensed to us, and are protected by copyright and trademark laws and various
other
intellectual
property rights and unfair competition laws of the United States, foreign
jurisdictions, and
international
conventions. The Content and the Marks are provided on the Site “AS IS” for
your information
and personal use
only. Except as expressly provided in these Terms of Use, no part of the Site
and no
Content or Marks
may be copied, reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any
commercial purpose
whatsoever, without our express prior written permission.
Provided that you
are eligible to use the Site, you are granted a limited license to access and
use the Site
and to download or
print a copy of any portion of the Content to which you have properly gained
access
solely for your
personal, non-commercial use. We reserve all rights not expressly granted to
you in and to
the Site, the
Content and the Marks.
USER REPRESENTATIONS
By using the Site,
you represent and warrant that: (1) all registration information you submit
will be true,
accurate, current,
and complete; (2) you will maintain the accuracy of such information and
promptly update
such registration
information as necessary; (3) you have the legal capacity and you agree to
comply with
these Terms of Use;
(4) you are not a minor in the jurisdiction in which you reside; (5) you will
not access
the Site through
automated or non-human means, whether through a bot, script or otherwise; (6)
you will not
use the Site for
any illegal or unauthorized purpose; and (7) your use of the Site will not
violate any
applicable law or
regulation.
If you provide any
information that is untrue, inaccurate, not current, or incomplete, we have the
right to
suspend or
terminate your account and refuse any and all current or future use of the Site
(or any portion
thereof).
USER REGISTRATION
You may be required
to register with the Site. You agree to keep your password confidential and
will be
responsible for all
use of your account and password. We reserve the right to remove, reclaim, or
change a
username you select
if we determine, in our sole discretion, that such username is inappropriate,
obscene,
or otherwise
objectionable.
PRODUCTS
All products are
subject to availability. We reserve the right to discontinue any products at
any time for any
reason. Prices for
all products are subject to change.
PURCHASES AND
PAYMENT
We accept the
following forms of payment:
– PayPal
– Visa
– Mastercard
– American Express
– Discover
You agree to
provide current, complete, and accurate purchase and account information for
all purchases
made via the Site.
You further agree to promptly update account and payment information, including
email
address, payment
method, and payment card expiration date, so that we can complete your
transactions
and contact you as
needed. Sales tax will be added to the price of purchases as deemed required by
us. We
may change prices
at any time. All payments shall be in U.S. dollars.
You agree to pay
all charges at the prices then in effect for your purchases and any applicable
shipping fees,
and you authorize
us to charge your chosen payment provider for any such amounts upon placing your
order. We reserve
the right to correct any errors or mistakes in pricing, even if we have already
requested or
received payment.
We reserve the
right to refuse any order placed through the Site. We may, in our sole
discretion, limit or
cancel quantities
purchased per person, per household, or per order. These restrictions may
include orders
placed by or under
the same customer account, the same payment method, and/or orders that use the
same
billing or shipping
address. We reserve the right to limit or prohibit orders that, in our sole
judgment, appear
to be placed by
dealers, resellers, or distributors.
REFUNDS POLICY
Returns for
ecommerce businesses are more complicated than the straightforward process that
consumers use in physical retail stores. For drop shipping, returns add an
additional layer of complexity, and currently we are not offering returns. All
sales are final.
PROHIBITED
ACTIVITIES
You may not access
or use the Site for any purpose other than that for which we make the Site
available.
The Site may not be
used in connection with any commercial endeavors except those that are
specifically
endorsed or
approved by us.
As a user of the
Site, you agree not to:
1. Circumvent,
disable, or otherwise interfere with security-related features of the Site,
including features
that prevent or
restrict the use or copying of any Content or enforce limitations on the use of
the Site
and/or the Content
contained therein.
2. Trick, defraud,
or mislead us and other users, especially in any attempt to learn sensitive
account
information such as
user passwords.
3. Make improper
use of our support services or submit false reports of abuse or misconduct.
4. Engage in any
automated use of the system, such as using scripts to send comments or
messages, or
using any data mining,
robots, or similar data gathering and extraction tools.
5. Interfere with,
disrupt, or create an undue burden on the Site or the networks or services
connected to
the Site.
6. Attempt to
impersonate another user or person or use the username of another user.
7. Sell or
otherwise transfer your profile.
8. Use any
information obtained from the Site in order to harass, abuse, or harm another
person.
9. Use the Site as
part of any effort to compete with us or otherwise use the Site and/or the
Content for
any
revenue-generating endeavor or commercial enterprise.
10. Decipher,
decompile, disassemble, or reverse engineer any of the software comprising or
in any way
making up a part of
the Site.
11. Attempt to
bypass any measures of the Site designed to prevent or restrict access to the
Site, or any
portion of the Site.
12. Harass, annoy,
intimidate, or threaten any of our employees or agents engaged in providing any
portion of the Site
to you.
13. Delete the
copyright or other proprietary rights notice from any Content.
14. Copy or adapt
the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript,
or other
code.
15. Upload or
transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other
material,
including excessive
use of capital letters and spamming (continuous posting of repetitive text),
that
interferes with any
party’s uninterrupted use and enjoyment of the Site or modifies, impairs,
disrupts,
alters, or
interferes with the use, features, functions, operation, or maintenance of the
Site.
16. Upload or
transmit (or attempt to upload or to transmit) any material that acts as a
passive or active
information
collection or transmission mechanism, including without limitation, clear
graphics interchange
formats (“gifs”),
1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to
as
“spyware” or
“passive collection mechanisms” or “pcms”).
17. Except as may
be the result of standard search engine or Internet browser usage, use, launch,
develop, or
distribute any automated system, including without limitation, any spider,
robot, cheat utility,
scraper, or offline
reader that accesses the Site, or using or launching any unauthorized script or
other
software.
18. Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the Site.
19. Use the Site in
a manner inconsistent with any applicable laws or regulations.
20. Systematically
retrieve data or other content from the Site to create or compile, directly or
indirectly, a
collection,
compilation, database, or directory without written permission from us.
21. Make any
unauthorized use of the Site, including collecting usernames and/or email addresses
of
users by electronic
or other means for the purpose of sending unsolicited email, or creating user
accounts by
automated means or under false pretenses.
22. Use a buying
agent or purchasing agent to make purchases on the Site.
23. Engage in unauthorized
framing of or linking to the Site.
24. Use the Site to
advertise or offer to sell goods and services.
25. If a user
engages in a prohibited activity, Blackridge Rifle Company can suspend or even
terminate user
account. If
Blackridge Rifle Company incur damages due to a user’s activity, Blackridge
Rifle Company may consider
filing a lawsuit.
USER GENERATED
CONTRIBUTIONS
The Site may invite
you to chat, contribute to, or participate in blogs, message boards, online
forums, and
other
functionality, and may provide you with the opportunity to create, submit,
post, display, transmit,
perform, publish,
distribute, or broadcast content and materials to us or on the Site, including
but not limited
to text, writings,
video, audio, photographs, graphics, comments, suggestions, or personal
information or
other material
(collectively, “Contributions”). Contributions may be viewable by
other users of the Site and
the Marketplace
Offerings and through third-party websites. As such, any Contributions you
transmit may be
treated as
non-confidential and non-proprietary. When you create or make available any
Contributions, you
thereby represent
and warrant that:
1. The creation,
distribution, transmission, public display, or performance, and the accessing,
downloading, or
copying of your Contributions do not and will not infringe the proprietary
rights,
including but not
limited to the copyright, patent, trademark, trade secret, or moral rights of
any
third party.
2. You are the
creator and owner of or have the necessary licenses, rights, consents,
releases, and
permissions to use
and to authorize us, the Site, and other users of the Site to use your
Contributions in
any manner contemplated by the Site and these Terms of Use.
3. You have the
written consent, release, and/or permission of each and every identifiable
individual
person in your
Contributions to use the name or likeness of each and every such identifiable
individual person
to enable inclusion and use of your Contributions in any manner contemplated
by the Site and
these Terms of Use.
4. Your
Contributions are not false, inaccurate, or misleading.
5. Your
Contributions are not unsolicited or unauthorized advertising, promotional
materials,
pyramid schemes,
chain letters, spam, mass mailings, or other forms of solicitation.
6. Your
Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,
libelous,
slanderous, or
otherwise objectionable (as determined by us).
7. Your
Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your
Contributions do not advocate the violent overthrow of any government or incite,
encourage, or
threaten physical harm against another.
9. Your
Contributions do not violate any applicable law, regulation, or rule.
10. Your
Contributions do not violate the privacy or publicity rights of any third party.
11. Your
Contributions do not contain any material that solicits personal information from
anyone
under the age of 18
or exploits people under the age of 18 in a sexual or violent manner.
12. Your
Contributions do not violate any federal or state law concerning child
pornography, or
otherwise intended
to protect the health or well-being of minors;
13. Your
Contributions do not include any offensive comments that are connected to race,
national
origin, gender,
sexual preference, or physical handicap.
14. Your
Contributions do not otherwise violate, or link to material that violates, any
provision of these
Terms of Use, or
any applicable law or regulation.
Any use of the Site
or the Marketplace Offerings in violation of the foregoing violates these Terms
of Use
and may result in,
among other things, termination or suspension of your rights to use the Site
and the
Marketplace
Offerings.
CONTRIBUTION LICENSE
By posting your
Contributions to any part of the Site or making Contributions accessible to the
Site by linking
your account from
the Site to any of your social networking accounts, you automatically grant,
and you
represent and
warrant that you have the right to grant, to us an unrestricted, unlimited,
irrevocable,
perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and
license to host, use, copy,
reproduce, disclose,
sell, resell, publish, broadcast, retitle, archive, store, cache, publicly
perform, publicly
display, reformat,
translate, transmit, excerpt (in whole or in part), and distribute such
Contributions
(including, without
limitation, your image and voice) for any purpose, commercial, advertising, or
otherwise,
and to prepare
derivative works of, or incorporate into other works, such Contributions, and
grant and
authorize
sublicenses of the foregoing. The use and distribution may occur in any media
formats and
through any media
channels.
This license will
apply to any form, media, or technology now known or hereafter developed, and
includes
our use of your
name, company name, and franchise name, as applicable, and any of the
trademarks,
service marks,
trade names, logos, and personal and commercial images you provide. You waive
all moral
rights in your
Contributions, and you warrant that moral rights have not otherwise been
asserted in your
Contributions.
We do not assert
any ownership over your Contributions. You retain full ownership of all of your
Contributions and
any intellectual property rights or other proprietary rights associated with
your
Contributions. We
are not liable for any statements or representations in your Contributions
provided by you
in any area on the
Site. You are solely responsible for your Contributions to the Site and you
expressly agree
to exonerate us
from any and all responsibility and to refrain from any legal action against us
regarding your
Contributions.
We have the right,
in our sole and absolute discretion, (1) to edit, redact, or otherwise change
any
Contributions; (2)
to re-categorize any Contributions to place them in more appropriate locations
on the Site;
and (3) to
pre-screen or delete any Contributions at any time and for any reason, without
notice. We have no
obligation to
monitor your Contributions.
GUIDELINES FOR
REVIEWS
We may provide you
areas on the Site to leave reviews or ratings. When posting a review, you must
comply
with the following
criteria: (1) you should have firsthand experience with the person/entity being
reviewed;
(2) your reviews
should not contain offensive profanity, or abusive, racist, offensive, or hate
language; (3)
your reviews should
not contain discriminatory references based on religion, race, gender, national
origin,
age, marital
status, sexual orientation, or disability; (4) your reviews should not contain
references to illegal
activity; (5) you
should not be affiliated with competitors if posting negative reviews; (6) you
should not make
any conclusions as
to the legality of conduct; (7) you may not post any false or misleading
statements; and
(8) you may not
organize a campaign encouraging others to post reviews, whether positive or
negative.
We may accept,
reject, or remove reviews in our sole discretion. We have absolutely no
obligation to screen
reviews or to
delete reviews, even if anyone considers reviews objectionable or inaccurate.
Reviews are not
endorsed by us, and
do not necessarily represent our opinions or the views of any of our affiliates
or
partners. We do not
assume liability for any review or for any claims, liabilities, or losses
resulting from any
review. By posting
a review, you hereby grant to us a perpetual, non-exclusive, worldwide,
royalty-free, fullypaid,
assignable, and
sublicensable right and license to reproduce, modify, translate, transmit by
any means,
display, perform,
and/or distribute all content relating to reviews.
SOCIAL MEDIA
As part of the
functionality of the Site, you may link your account with online accounts you
have with thirdparty
service providers
(each such account, a “Third-Party Account”) by either: (1) providing your
Third-Party
Account login
information through the Site; or (2) allowing us to access your Third-Party
Account, as is
permitted under the
applicable terms and conditions that govern your use of each Third-Party
Account. You
represent and
warrant that you are entitled to disclose your Third-Party Account login
information to us
and/or grant us
access to your Third-Party Account, without breach by you of any of the terms
and
conditions that
govern your use of the applicable Third-Party Account, and without obligating
us to pay any
fees or making us
subject to any usage limitations imposed by the third-party service provider of
the Third-
Party Account. By
granting us access to any Third-Party Accounts, you understand that (1) we may
access,
make available, and
store (if applicable) any content that you have provided to and stored in your
Third-
Party Account (the
“Social Network Content”) so that it is available on and through the Site via
your account,
including without
limitation any friend lists and (2) we may submit to and receive from your
Third-Party
Account additional
information to the extent you are notified when you link your account with the
Third-Party
Account. Depending
on the Third-Party Accounts you choose and subject to the privacy settings that
you
have set in such
Third-Party Accounts, personally identifiable information that you post to your
Third-Party
Accounts may be
available on and through your account on the Site. Please note that if a
Third-Party
Account or
associated service becomes unavailable or our access to such Third-Party
Account is terminated
by the third-party
service provider, then Social Network Content may no longer be available on and
through
the Site. You will
have the ability to disable the connection between your account on the Site and
your Third-
Party Accounts at
any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY
SERVICE PROVIDERS
ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY
BY YOUR
AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to
review any Social
Network Content for any purpose, including but not limited to, for accuracy,
legality, or
non-infringement,
and we are not responsible for any Social Network Content. You acknowledge and
agree
that we may access
your email address book associated with a Third-Party Account and your contacts
list
stored on your
mobile device or tablet computer solely for purposes of identifying and
informing you of those
contacts who have
also registered to use the Site. You can deactivate the connection between the
Site and
your Third-Party
Account by contacting us using the contact information below or through your
account
settings (if
applicable). We will attempt to delete any information stored on our servers
that was obtained
through such
Third-Party Account, except the username and profile picture that become
associated with
your account.
SUBMISSIONS
You acknowledge and
agree that any questions, comments, suggestions, ideas, feedback, or other
information
regarding the Site or the Marketplace Offerings (“Submissions”)
provided by you to us are nonconfidential
and shall become
our sole property. We shall own exclusive rights, including all intellectual
property rights,
and shall be entitled to the unrestricted use and dissemination of these
Submissions for any
lawful purpose,
commercial or otherwise, without acknowledgment or compensation to you. You
hereby
waive all moral
rights to any such Submissions, and you hereby warrant that any such Submissions
are
original with you
or that you have the right to submit such Submissions. You agree there shall be
no
recourse against us
for any alleged or actual infringement or misappropriation of any proprietary
right in your
Submissions.
SITE MANAGEMENT
We reserve the
right, but not the obligation, to: (1) monitor the Site for violations of these
Terms of Use; (2)
take appropriate
legal action against anyone who, in our sole discretion, violates the law or
these Terms of
Use, including
without limitation, reporting such user to law enforcement authorities; (3) in
our sole discretion
and without
limitation, refuse, restrict access to, limit the availability of, or disable
(to the extent
technologically
feasible) any of your Contributions or any portion thereof; (4) in our sole
discretion and
without limitation,
notice, or liability, to remove from the Site or otherwise disable all files
and content that are
excessive in size
or are in any way burdensome to our systems; and (5) otherwise manage the Site
in a
manner designed to
protect our rights and property and to facilitate the proper functioning of the
Site and the
Marketplace
Offerings.
PRIVACY POLICY
We care about data
privacy and security. Please review our Privacy
Policy: https://blackridgeriflecompany.com/privacy-policy.
By using the Site or the Marketplace Offerings, you
agree to be bound
by our Privacy Policy, which is incorporated into these Terms of Use. Please be
advised
the Site and the
Marketplace Offerings are hosted in the United States. If you access the Site
or the
Marketplace
Offerings from the European Union, Asia, or any other region of the world with
laws or other
requirements
governing personal data collection, use, or disclosure that differ from
applicable laws in the
United States, then
through your continued use of the Site, you are transferring your data to the
United
States, and you
expressly consent to have your data transferred to and processed in the United
States.
Further, we do not
knowingly accept, request, or solicit information from children or knowingly
market to
children.
Therefore, in accordance with the U.S. Children’s Online Privacy Protection
Act, if we receive
actual knowledge
that anyone under the age of 13 has provided personal information to us without
the
requisite and
verifiable parental consent, we will delete that information from the Site as
quickly as is
reasonably
practical.
COPYRIGHT
INFRINGEMENTS
We respect the
intellectual property rights of others. If you believe that any material
available on or through
the Site infringes
upon any copyright you own or control, please immediately notify us using the
contact
information
provided below (a “Notification”). A copy of your Notification will be sent to
the person who
posted or stored
the material addressed in the Notification. Please be advised that pursuant to
federal law
you may be held
liable for damages if you make material misrepresentations in a Notification.
Thus, if you
are not sure that
material located on or linked to by the Site infringes your copyright, you
should consider
first contacting an
attorney.
TERM AND TERMINATION
These Terms of Use
shall remain in full force and effect while you use the Site. WITHOUT LIMITING
ANY
OTHER PROVISION OF
THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND
THE MARKETPLACE
OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY
PERSON FOR ANY
REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH
OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR
OF ANY APPLICABLE
LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN
THE SITE AND THE
MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT
OR INFORMATION THAT
YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or
suspend your account for any reason, you are prohibited from registering and
creating a
new account under
your name, a fake or borrowed name, or the name of any third party, even if you
may be
acting on behalf of
the third party. In addition to terminating or suspending your account, we
reserve the right
to take appropriate
legal action, including without limitation pursuing civil, criminal, and
injunctive redress.
MODIFICATIONS AND
INTERRUPTIONS
We reserve the
right to change, modify, or remove the contents of the Site at any time or for
any reason at
our sole discretion
without notice. However, we have no obligation to update any information on our
Site. We
also reserve the
right to modify or discontinue all or part of the Marketplace Offerings without
notice at any
time. We will not
be liable to you or any third party for any modification, price change,
suspension, or
discontinuance of
the Site or the Marketplace Offerings.
We cannot guarantee
the Site and the Marketplace Offerings will be available at all times. We may
experience
hardware, software, or other problems or need to perform maintenance related to
the Site,
resulting in
interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend,
discontinue, or
otherwise modify the Site or the Marketplace Offerings at any time or for any
reason without
notice to you. You
agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused
by your inability
to access or use the Site or the Marketplace Offerings during any downtime or
discontinuance of
the Site or the Marketplace Offerings. Nothing in these Terms of Use will be
construed to
obligate us to
maintain and support the Site or the Marketplace Offerings or to supply any
corrections,
updates, or
releases in connection therewith.
GOVERNING LAW
These Terms of Use
and your use of the Site and the Marketplace Offerings are governed by and
construed
in accordance with
the laws of the State of Washington applicable to agreements made and to be
entirely
performed within
the State of Washington, without regard to its conflict of law principles.
DISPUTE RESOLUTION
Informal
Negotiations
To expedite
resolution and control the cost of any dispute, controversy, or claim related
to these Terms of
Use (each a
“Dispute” and collectively, the “Disputes”) brought by either you or
us (individually, a “Party” and
collectively, the
“Parties”), the Parties agree to first attempt to negotiate any Dispute (except
those Disputes
expressly provided
below) informally for at least thirty (30) days before initiating arbitration.
Such informal
negotiations
commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are
unable to resolve a Dispute through informal negotiations, the Dispute (except
those
Disputes expressly
excluded below) will be finally and exclusively resolved by binding
arbitration. YOU
UNDERSTAND THAT
WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT
AND HAVE A JURY
TRIAL. The arbitration shall be commenced and conducted under the Commercial
Arbitration Rules
of the American Arbitration Association (“AAA”) and, where
appropriate, the AAA’s
Supplementary
Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both
of which are
available at the
AAA website www.adr.org. Your arbitration fees and your share of arbitrator
compensation
shall be governed
by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer
Rules. If such
costs are determined to by the arbitrator to be excessive, we will pay all
arbitration fees and
expenses. The
arbitration may be conducted in person, through the submission of documents, by
phone, or
online. The
arbitrator will make a decision in writing, but need not provide a statement of
reasons unless
requested by either
Party. The arbitrator must follow applicable law, and any award may be
challenged if the
arbitrator fails to
do so. Except where otherwise required by the applicable AAA rules or
applicable law, the
arbitration will
take place in Douglas County, WA. Except as otherwise provided herein, the
Parties may
litigate in court
to compel arbitration, stay proceedings pending arbitration, or to confirm,
modify, vacate, or
enter judgment on
the award entered by the arbitrator.
If for any reason,
a Dispute proceeds in court rather than arbitration, the Dispute shall be
commenced or
prosecuted in the
state and federal courts located in Douglas County, WA, and the Parties hereby
consent
to, and waive all
defenses of lack of personal jurisdiction, and forum non conveniens with
respect to venue
and jurisdiction in
such state and federal courts. Application of the United Nations Convention on
Contracts
for the
International Sale of Goods and the the Uniform Computer Information
Transaction Act (UCITA) are
excluded from these
Terms of Use.
In no event shall
any Dispute brought by either Party related in any way to the Site be commenced
more
than one (1) years
after the cause of action arose. If this provision is found to be illegal or
unenforceable,
then neither Party
will elect to arbitrate any Dispute falling within that portion of this
provision found to be
illegal or
unenforceable and such Dispute shall be decided by a court of competent jurisdiction
within the
courts listed for
jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
Restrictions
The Parties agree
that any arbitration shall be limited to the Dispute between the Parties
individually. To the
full extent
permitted by law, (a) no arbitration shall be joined with any other proceeding;
(b) there is no right
or authority for
any Dispute to be arbitrated on a class-action basis or to utilize class action
procedures; and
(c) there is no
right or authority for any Dispute to be brought in a purported representative
capacity on
behalf of the
general public or any other persons.
Exceptions to
Informal Negotiations and Arbitration
The Parties agree
that the following Disputes are not subject to the above provisions concerning
informal
negotiations and
binding arbitration: (a) any Disputes seeking to enforce or protect, or
concerning the validity
of, any of the
intellectual property rights of a Party; (b) any Dispute related to, or arising
from, allegations of
theft, piracy,
invasion of privacy, or unauthorized use; and (c) any claim for injunctive
relief. If this provision is
found to be illegal
or unenforceable, then neither Party will elect to arbitrate any Dispute
falling within that
portion of this
provision found to be illegal or unenforceable and such Dispute shall be
decided by a court of
competent
jurisdiction within the courts listed for jurisdiction above, and the Parties
agree to submit to the
personal
jurisdiction of that court.
CORRECTIONS
There may be
information on the Site that contains typographical errors, inaccuracies, or
omissions that may
relate to the
Marketplace Offerings, including descriptions, pricing, availability, and
various other information.
We reserve the
right to correct any errors, inaccuracies, or omissions and to change or update
the
information on the
Site at any time, without prior notice.
DISCLAIMER
THE SITE IS
PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF
THE SITE SERVICES
WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW,
WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND
YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE
NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
SITE’S CONTENT OR
THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL
ASSUME NO LIABILITY
OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES
OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING
FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY
UNAUTHORIZED ACCESS
TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS,
VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE
SITE BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE
OF ANY CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE
DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT
OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY
HYPERLINKED
WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER
OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE
FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF
PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE
APPROPRIATE.
LIMITATIONS OF
LIABILITY
IN NO EVENT WILL WE
OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,
OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER
DAMAGES ARISING
FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM
OF THE ACTION, WILL
AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY,
BY YOU TO US DURING
THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION
ARISING OR $500.00
USD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY
TO YOU, SOME OR ALL
OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MAY HAVE
ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our
respective
officers, agents, partners, and employees, from and against any loss, damage,
liability, claim, or
demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out
of: (1) your
Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any
breach of your
representations and
warranties set forth in these Terms of Use; (5) your violation of the rights of
a third party,
including but not
limited to intellectual property rights; or (6) any overt harmful act toward
any other user of
the Site with whom you
connected via the Site. Notwithstanding the foregoing, we reserve the right, at
your
expense, to assume
the exclusive defense and control of any matter for which you are required to
indemnify
us, and you agree
to cooperate, at your expense, with our defense of such claims. We will use
reasonable
efforts to notify
you of any such claim, action, or proceeding which is subject to this
indemnification upon
becoming aware of
it.
USER DATA
We will maintain
certain data that you transmit to the Site for the purpose of managing the
performance of
the Site, as well
as data relating to your use of the Site. Although we perform regular routine
backups of
data, you are
solely responsible for all data that you transmit or that relates to any
activity you have
undertaken using
the Site. You agree that we shall have no liability to you for any loss or
corruption of any
such data, and you
hereby waive any right of action against us arising from any such loss or
corruption of
such data.
ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site,
sending us emails, and completing online forms constitute electronic
communications. You
consent to receive
electronic communications, and you agree that all agreements, notices,
disclosures, and
other
communications we provide to you electronically, via email and on the Site,
satisfy any legal
requirement that
such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES,
AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA
THE SITE. You
hereby waive any rights or requirements under any statutes, regulations, rules,
ordinances,
or other laws in
any jurisdiction which require an original signature or delivery or retention
of non-electronic
records, or to
payments or the granting of credits by any means other than electronic means.
MISCELLANEOUS
These Terms of Use
and any policies or operating rules posted by us on the Site or in respect to
the Site
constitute the
entire agreement and understanding between you and us. Our failure to exercise
or enforce
any right or
provision of these Terms of Use shall not operate as a waiver of such right or
provision. These
Terms of Use
operate to the fullest extent permissible by law. We may assign any or all of
our rights and
obligations to
others at any time. We shall not be responsible or liable for any loss, damage,
delay, or failure
to act caused by
any cause beyond our reasonable control. If any provision or part of a
provision of these
Terms of Use is
determined to be unlawful, void, or unenforceable, that provision or part of
the provision is
deemed severable
from these Terms of Use and does not affect the validity and enforceability of
any
remaining
provisions. There is no joint venture, partnership, employment or agency
relationship created
between you and us
as a result of these Terms of Use or use of the Site. You agree that these
Terms of Use
will not be
construed against us by virtue of having drafted them. You hereby waive any and
all defenses you
may have based on
the electronic form of these Terms of Use and the lack of signing by the
parties hereto to
execute these Terms
of Use.
CONTACT US
In order to resolve
a complaint regarding the Site or to receive further information regarding use
of the Site,
please contact us
at:
Blackridge Rifle
Company
support@blackridgeriflecompany.com
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