Conditions of Use
**TERMS OF SERVICE AGREEMENT**
This Terms of Service Agreement (the "Agreement") is entered into between Rapid Fire Arms LLC (hereinafter referred to as "the Company," "we," or "us") and All Users (hereinafter referred to as "you" or "the User"). This Agreement sets forth the terms and conditions governing your use of the online store and related services (collectively, "the Service") offered by Rapid Fire Arms LLC.
**1. Acceptance of Terms and Conditions**
By using the Service in any manner, including but not limited to visiting or making purchases from the Rapid Fire Arms LLC website (hereinafter referred to as "the Website"), you agree to comply with all terms and conditions of this Agreement. In addition, when using specific services offered by Rapid Fire Arms LLC, you agree to abide by all posted guidelines for those services.
The Company reserves the right, at its sole discretion, to change, modify, or otherwise alter the terms and conditions of this Agreement and the Service at any time. The changes will become effective immediately upon posting of the changes. You must review this Agreement on a regular basis to keep yourself informed of any changes. The most recent version of this Agreement is available on the Website.
**2. Communications**
You consent to receive communications from the Company electronically. You agree that all agreements, notices, disclosures, and other communications sent to you electronically satisfy any legal requirements that such communications be in writing.
**3. Content**
You understand and agree that all content, including but not limited to product listings, descriptions, images, text, files, videos, and other materials (collectively, the "Content") on the Website is the sole responsibility of the Company. You also understand and agree that:
- The Company is solely responsible for all content posted on the Website.
- The Website may contain links to third-party websites that are independent of the Company, and the Company makes no representations or warranties regarding the accuracy, completeness, or authenticity of the information contained on any such third-party site.
- Your use of any content is at your own risk, and the Company will not be liable for any loss or damage incurred from the use of any content.
**4. Third Party Content, Sites, and Services**
The Website may contain features and functionalities that link to or provide access to third-party content, including websites, servers, networks, systems, information, databases, applications, software, programs, products, or services, and general access to the internet (collectively, the "Third Party Content"). Your interactions with third parties, including any transactions for goods or services and any associated terms, conditions, warranties, or representations, are solely between you and the third parties. You must conduct appropriate investigations before proceeding with any transaction with any third party. The Company does not investigate, certify, or approve any third party or other users of the Service.
The Company shall not be responsible or liable for any loss, damage, cost, or expense incurred as a result of any interactions with third parties. If you have any dispute with a third party, you agree that the Company is not obligated to be involved in the dispute, and you hereby release and hold the Company, its officers, employees, agents, and successors harmless from claims, demands, and damages of every kind, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or related to such disputes or the Service.
**5. Registration and Account Obligations**
As a condition precedent to your use of the Service, you warrant and represent that you are of legal age to form a binding contract in your jurisdiction and are not barred by law from using the Service. You further warrant, represent, and agree to:
- Provide true, accurate, current, and complete information in your registration to use the Service.
- Maintain and promptly update your registration information to keep it true, accurate, current, and complete.
Any violation of the foregoing warranties, representations, or agreements may result in suspension or termination of your privileges to access and use the Service.
You are solely responsible for maintaining the confidentiality of your account and password, as well as for restricting access to your computer. You also agree that you are responsible for all activities that occur under your account or password. If you are under 18 years of age, you may use the Service only with the involvement of your parent or guardian. The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
**6. Privacy and Information Disclosure**
The Company has established a Privacy Policy to explain how user information is collected and used, as outlined on the Website. Your use of the Website and the Service constitutes your acceptance and agreement to our Privacy Policy. The Company may, in its sole discretion, preserve or disclose your content and information if required by law or in the good faith belief that such preservation or disclosure is reasonably necessary or appropriate.
**7. Conduct**
You shall not post, email, or otherwise make available content that:
- Is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or harmful to minors in any way.
- Lists, offers for sale, or sells any items, materials, or instructions that are prohibited by law.
- Is explicit or obscene in nature, or depicts explicit sexual content.
- Harasses, degrades, intimidates, or promotes hate based on religion, gender, sexual orientation, race, ethnicity, age, or disability.
- Impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with any person or entity.
- Includes personal or identifying information about another person without that person's written consent.
- Is false, deceptive, misleading, or deceitful.
- Infringes any intellectual property rights or proprietary rights of any person or entity.
- Contains affiliate marketing, link referral codes, junk mail, spam, chain letters, pyramid schemes, or unsolicited commercial advertisements.
- Constitutes or contains any form of advertising or solicitation if posted in areas of the Website not designated for such purposes or emailed to users who have not given written approval to be contacted about other services or products.
You shall not engage in any of the following:
- Contact anyone who has asked not to be contacted or make unsolicited contact for commercial or improper purposes.
- Stalk or otherwise harass anyone.
- Collect personal data about other users for commercial, unauthorized, or unlawful purposes.
- Use automated means, including spiders, robots, crawlers, data mining tools, or similar software, to download data from the Website unless expressly authorized in writing by the Company.
- Attempt to gain unauthorized access to the Company's computer systems or engage in any activity that disrupts, degrades, interferes with, or impairs the performance or functionality of the Service or the Website.
- Use any form of automated device or computer program that enables the submission of postings on the Website without each posting being manually entered by its author.
- Use any form of automated device or computer program ("flagging tool") that enables the use of the Website's flagging system or other community moderation systems without each flag being manually entered by the person that initiates the flag or use the flagging tool to remove posts of competitors or posts of the Company or any third party.
The Company may, without prior notice, immediately terminate your access and use of the Service and any associated email addresses, all in the Company's sole discretion, including, but not limited to, for any of the following reasons:
- Breach or violation of this Agreement or other incorporated agreements or guidelines.
- Request by law enforcement or other government agencies.
- A request by you.
- Discontinuance or material modification to the Service (or any part thereof).
- Unexpected technical or security issues or problems.
- Extended periods of inactivity.
- Engagement in fraudulent or illegal activities.
- Nonpayment of any fees owed by you in connection with the Service.
Termination of your account may include:
- Removal or denial of access to the Service.
- Deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof).
- Barring of further use of the Service.
The Company shall not be liable to you or any third party for any termination of your account, any associated email addresses, or termination of access to the Service.
**8. Risk of Loss**
All items purchased from the Company are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
**9. Product Descriptions**
The Company strives to accurately represent the merchandise through product listings, descriptions, images, and text. While efforts are made to ensure accuracy, occasional errors may occur. If such an error should occur, your order will be corrected as the facts dictate. The Company is not liable for errors in pricing, pictures, or descriptions.
**10. Pricing**
The Company does its best to price its products at market value. As the market changes, so does the pricing. The Company is not obligated to honor a price that is in print or due to an error. The Company reserves the right to adjust product prices as dictated by the market.
**11. No Spam Policy**
Sending unsolicited email advertisements through the Company's computer systems or the Service is expressly prohibited by this Agreement. Any unauthorized use of the Company's computer systems is a violation of this Agreement and federal and state laws. Such violations may subject the sender and their agents to civil and criminal penalties.
**12. Limitations on Service**
The Company may establish limits from time to time concerning the use of the Service, including but not limited to:
- The maximum number of days that Content will be retained by the Service.
- The maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service.
- The frequency with which you may access the Service.
The Company has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. The Company reserves the right, at any time, to modify or discontinue the Service (or any part thereof), with or without notice, and shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
**13. Access to the Service**
The Company grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include access to the Service by posting agents or any collection, aggregation, copying, duplication, display, or derivative use of the Service, nor any use of data mining, robots, spiders, or similar data gathering or extraction tools for any purpose unless expressly approved in writing by the Company.
**14. Termination of Service**
The Company, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service for any reason, including, but not limited to, if the Company believes that you have violated this Agreement. Furthermore, the Company shall not be liable to you or any third party for any termination of your access to the Service.
**15. Proprietary Rights**
The Service is protected by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work or compilation pursuant to copyright laws and international conventions. Any reproduction, modification, creation of derivative works from, or redistribution of the Website or the collective work, or copying or reproducing the Website or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of the Company. You shall not reproduce, duplicate, or copy Content from the Service without the express written consent of the Company and you agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer, or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you shall not reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any aspect of the Service.
Although the Company does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, transferable, irrevocable, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content and to grant and authorize sublicenses (through multiple tiers) of the foregoing. By posting Content to any public area of the Service, you automatically grant the Company all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
**16. Notification of Infringement Claims**
If you believe that your intellectual property has been unlawfully copied or any Content otherwise infringes your intellectual property rights, please notify us in writing immediately.
**17. Disclaimer of Warranties**
YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR ACCESSED THROUGH ANY LINKS ON THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you.
**18. Limitation of Liability**
UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE. SUCH LIMITATION SHALL ALSO
APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
**19. Indemnity**
YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD THE COMPANY, ITS OFFICERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS, SUPPLIERS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEY FEES, COURT COSTS, AND OTHER LEGAL DISBURSEMENTS AND EXPENSES ARISING FROM OR RELATED TO, DIRECTLY OR INDIRECTLY, ANY CONTENT YOU SUBMIT, POST, OR MAKE AVAILABLE THROUGH THE SERVICE, YOUR USE OF THE SERVICE, YOUR VIOLATION OF THIS AGREEMENT, YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES HEREIN, OR YOUR VIOLATION OF ANY RIGHTS OF, OR DUTIES OWED TO, ANY THIRD PARTY.
**20. Resolution of Disputes**
You and the Company agree that we will resolve any claim or controversy that arises out of this Agreement, the Service, or any sales transaction (a "Claim") in accordance with one of the procedures described below. We strongly encourage you to first contact us directly by email to seek a resolution of the Claim.
The Company and you hereby agree to submit to the personal and exclusive jurisdiction of the state and federal courts of the state of Oregon and venue shall be proper in Clackamas.
For any Claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $5,000, the Company or you may elect to resolve the dispute through binding non-appearance arbitration. If a party elects arbitration, it shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules:
- The arbitration shall be conducted by telephone, online, or solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration.
- The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
- The arbitration shall be conducted by a single arbitrator.
- Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
**21. General**
This Agreement contains the entire agreement between the Company and you and governs your use of the Service and all transactions or other matters between the Company and you, superseding any prior agreements between the Company and you.
This Agreement and the relationship between the Company and you shall be governed by the laws of the state of Oregon without regard to its conflict of law provisions.
The failure of the Company to exercise or enforce any right or provision of this Agreement in any instance shall not constitute a waiver of such right or provision.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, such invalid provision shall be fully severable, and the other provisions of this Agreement shall remain in full force and effect.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or this Agreement must be filed within one year after such claim or cause of action arose or accrued or be forever barred.
**22. Copyright Notice**
Copyright notice for all pages on this website: ©2023 Rapid Fire Arms LLC All Rights Reserved. Any reproduction of these pages for commercial purposes or for distribution to other persons is a violation of United States Copyright law and may subject you to civil and criminal penalties. You may not modify, publish, transmit, create derivative works, or in any other way exploit any of the Company's copyrighted works without first obtaining Rapid Fire Arms LLC, Inc.'s written consent. You may not view, reproduce, print, or otherwise use any of the content of this website for anything other than your personal, informational, noncommercial use. Any reproduction must include the copyright notice set forth above.
**23. Disclaimer Liability**
The Company has taken reasonable efforts to ensure that the information contained on this website is accurate; however, all information is provided "as is" without any expressed or implied warranties, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT SHALL Rapid Fire Arms LLC, Inc. BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY USE OR PERFORMANCE OF OR CONTENT ERRORS OR OMISSIONS IN THE INFORMATION, EVEN IF NOTIFIED IN ADVANCE OF THE POTENTIAL FOR SUCH DAMAGES. All users of the information agree that access to any use of the information is subject to the terms and conditions set forth in this Agreement, as well as all applicable laws, and such access and use are at the user's own risk. Our products are intended for adult use only.
Rapid Fire Arms LLC, Inc. ("Company")