TERMS & CONDITIONS
Welcome to www.primaryarms.com. This website is owned and operated by PRIMARY ARMS, LLC. By visiting our website and accessing or purchasing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement'). This agreement is in effect as of January 1, 2013. We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
RESPONSIBLE USE AND CONDUCT
By visiting our website and accessing or purchasing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted practices or guidelines. Wherein, you understand and agree that:
- In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
- You have familiarized yourself with the laws of your state governing the purchase and sale of firearms and firearms accessories. It is your responsibility to be familiar with their own local and state firearm related laws, restrictions and ownership requirements.
- You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
- Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
- Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks, to which our Resources are located or connected, is strictly prohibited.
- Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
- You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
- We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
- Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
- Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
- Contains any type of unauthorized or unsolicited advertising; and/or
- Impersonates any person or entity, including any www.primaryarms.com employee(s) and/or representative(s).
- We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
- We do not assume any liability for any content posted by you or any other third party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Primary Arms, LLC, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources.
- You agree to indemnify and hold harmless Primary Arms, LLC and its affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
LIMITATION OF WARRANTIES
By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
- the use of our Resources will meet your needs or requirements.
- the use of our Resources will be uninterrupted, timely, secure or free from errors.
- the information obtained by using our Resources will be accurate or reliable, and
- any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
- any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content; AND
- no information or advice, whether expressed, implied, oral or written, obtained by you from Primary Arms, LLC or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement or in specific Primary Arms product warranties.
LIMITATION OF LIABILITY
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Primary Arms, LLC will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
In the event that a www.primaryarms.com product is mistakenly listed at an incorrect price, www.primaryarms.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. www.primaryarms.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, www.primaryarms.com shall issue a credit to your credit card account in the amount of the incorrect price.
All content and materials available on www.primaryarms.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Primary Arms, LLC, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Primary Arms, LLC. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with www.primaryarms.com or purchasing www.primaryarms.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with www.primaryarms.com or to purchase www.primaryarms.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by www.primaryarms.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
TERMINATION OF USE
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information. GOVERNING LAW This website is controlled by Primary Arms, LLC. It can be accessed by most countries around the world. By accessing our website, you agree that the statutes and laws of the State of Texas, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site. Furthermore, any action to enforce this User Agreement shall be brought in the federal or state court of the State of Texas, Harris County, Texas, you hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, PRIMARY ARMS LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TERMS AND CONDITIONS OF BONUS BUCKS
The following terms and conditions apply to any Primary Arms rewards that expire given by Primary Arms or for no additional consideration, including with as a reward for purchases made or otherwise, as part of the Primary Arms [promotional rewards program] (the "Bonus Bucks").
By accepting and retaining the Bonus Bucks or using the Bonus Bucks, you agree to these terms and conditions, as well as future terms and conditions and program/service changes. We reserve the right to change the format, elements, and terms and conditions of the Bonus Bucks program at any time without notice. The Bonus Bucks and associated offers are void where prohibited by law.
Primary Arms is not responsible for pricing, typographical, or other errors, in any offer by Primary Arms and reserves the right to cancel any orders resulting from such errors.
Protect the Bonus Bucks number as you would cash or your debit card PIN. Primary Arms is not responsible for lost or stolen Bonus Bucks. Bonus Bucks may not be applied to previous orders. Bonus Buck are not redeemable for cash or gift card and cannot be returned for a cash refund. If you return the purchase that qualified you for Bonus Bucks, the Bonus Bucks will no longer be valid. If the qualifying product is returned for a refund after the Bonus Bucks have been redeemed, the value of the redeemed Bonus Bucks will be deducted from any refund amount. Bonus Bucks are valid as soon as the code is provided to the end user and expire 6 months later.
MOBILE SMS TERMS & CONDITIONS
Signing Up and Opting-In to the Service
Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. Primary Armsreserves the right to stop offering the Service at any time with or without notice.
By opting into the Service, you:
- Authorize Primary Arms to use auto dialer or non-auto dialed technology to send recurring text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
- Acknowledge that you do not have to agree to receive messages as a condition of purchase.
- Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
- Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information,713-344-9600. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.
Content You May Receive
Once you affirm your choice to opt-in to the Service on 77343, your message frequency may vary. You may receive alerts about:
- Sale promotions
- Event information
- Product launch announcements
- Cart reminders
Charges and Carriers
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.
Supported carriers are AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Primary Armsmay add or remove any wireless carrier from the Service at any time without notice. Primary Armsand mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
To Stop the Service
To stop receiving text messages from Primary Arms, text the word STOP to 77343 any time or reply STOP to any of the text messages you have received from Primary Arms. For Services operated through a different number, text STOP to that number to opt out. Your opt-out request may generate either a confirmation text or a texted request to clarify the text message program to which it applies (if you have more than one). To complete your opt-out, please provide the requested clarification. You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Primary Armsand its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Primary Arms through any other programs you have joined until you separately unsubscribe from those programs. These Terms still will apply if you withdraw the consent mentioned above or opt out of the Service.
You can text HELP for help at any time. This will provide you a link to the terms and conditions along with a phone number to call for assistance. You can also contact us at firstname.lastname@example.org.
Changes to Terms
These Mobile Terms and Conditions are subject to change at any time without notice.