Terms and Conditions of Use of this Website
PLEASE READ COMPLETELY AND THOROUGHLY UNDERSTAND THE FOLLOWING TERMS AND
CONDITIONS OF USE BEFORE USING THIS WEBSITE.
All those using this site agree that access to this site and its use are subject to the terms and conditions outlined herein and all applicable laws. If you do not agree to said terms and conditions, then please do not use this site.
The content of this site, in its entirety, including (but not limited to) text, graphics, and code is copyrighted as a collective work under the United States and other copyright laws, and is the sole property of Chattahoochee Gun Works LLC, Inc. (hereinafter Chattahoochee Gun Works, LLC). The collective work includes any and all works licensed to Chattahoochee Gun Works, LLC. Copyright 2009-‐ 2014, Chattahoochee Gun Works LLC, Inc. and its suppliers. All rights reserved. You may electronically copy and print sections of this site in paper form for the sole and express purpose of placing an order with Chattahoochee Gun Works, LLC, or purchasing Chattahoochee Gun Works, LLC products.
Permission is granted, for non-‐commercial use only, to display, download or print portions of material on this site, subject to expressly stated limitations and restrictions relative to specific material. Any other use not herein stated, including (but not limited to) the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, except as authorized by Chattahoochee Gun Works, LLC. By using this site, you further agree not to delete or modify any proprietary notices or information from materials downloaded from this site.
All trademarks, service marks and trade names of Chattahoochee Gun Works LLC, Inc. referenced in this site are trademarks of Chattahoochee Gun Works, LLC, and must be respected and credited as such.
Names of other companies and other products referenced on this site are the trademarks of their respective owners.
Unless otherwise specified, warranty service is restricted to the manufacturer’s guarantee or warranty between the customer and the producer of the product.
This site and all the materials and products it contains are provided on an “as is” basis, without warranties of any kind, either express or implied. To the fullest extent allowable by applicable law, Chattahoochee Gun Works, LLC disclaims any and all warranties, express or implied, including (but not limited to) implied warranties of merchantability and fitness for a particular purpose and non-‐ infringement. Chattahoochee Gun Works, LLC neither represents nor warrants that functions on this
site will be error-‐free or provided without interruption, that defects will be remedied, or that the site or the server providing it are free of viruses or other harmful components. Chattahoochee Gun Works, LLC makes no warranties or representation concerning the use of materials on this site in terms of accuracy, adequacy, correctness, reliability, timeliness, usefulness, or otherwise. Some states do not permit limitations or exclusions on warranties; if you live in one of these states, the foregoing limitations may not apply.
Limitation of Liability
Chattahoochee Gun Works, LLC shall not be liable, and shall be held harmless for any and all damages, special, consequential and/or otherwise, resulting from the use, misuse, abuse, or inability to use the materials on this site, or from the performance of the products thereon, even if Chattahoochee Gun Works, LLC has been advised of the possibility of such damages. Applicable laws in some states my not allow the limitation, restriction or exclusion of liability for incidental or consequential damages; therefore the foregoing limitation may not apply to you.
While reasonable efforts are made to prevent them from occurring, the information, products, software and services included in or available through any Chattahoochee Gun Works, LLC web site may include inaccuracies or typographical errors. The information contained herein is updated periodically.
Chattahoochee Gun Works, LLC and/or its suppliers reserve the right to make, and may make improvements and/or changes to the Chattahoochee Gun Works, LLC at any time without prior notice. No information on any Chattahoochee Gun Works, LLC web site should be inferred or misconstrued as representing advice, whether financial, legal, medical, personal or otherwise. As such, no information on any Chattahoochee Gun Works, LLC web site should be relied upon in making financial, legal, medical or personal decisions. Users of any Chattahoochee Gun Works, LLC website assume full, complete, and unqualified responsibility for any and all decisions made related directly or indirectly to Chattahoochee Gun Works, LLC websites.
Chattahoochee Gun Works, LLC and/or its suppliers make no representations regarding the accuracy, availability, reliability, suitability and timeliness of the information, products, services and software and accompanying graphics contained on any Chattahoochee Gun Works, LLC web site for any purpose.
To the extent permitted by applicable laws, all such information, products, services, software and associated graphics are provided on an “as is” basis without warranty or condition of any kind.
Chattahoochee Gun Works, LLC and/or its suppliers hereby disclaim all warranties and conditions with respect to said information, products, services, software and associated graphics, including any and all implied warranties or conditions of fitness for a particular purpose, merchantability, non-‐infringement and title.
To the extent permitted by applicable laws, in no event whatsoever shall Chattahoochee Gun Works, LLC and/or its suppliers be held liable for any direct, indirect, punitive, incidental, special or consequential damages, or any damages whatsoever, including (but not limited to) damages for loss of use, data or
profits, arising from or in any way connected with the use or performance of any Chattahoochee Gun Works, LLC web site.
While every effort if made to avoid and prevent typographical errors, should a Chattahoochee Gun Works, LLC product be mistakenly listed at an incorrect price, Chattahoochee Gun Works, LLC reserves the right to refuse or cancel any and all orders placed for said product listed at the incorrect price, even if the order has been confirmed and your credit card has been charged. In the event your credit card has already been charged for the purchase of an incorrectly priced product and your order is cancelled, Chattahoochee Gun Works, LLC will issue a credit to your credit card account for the incorrect price.
The terms and conditions documented herein are applicable to you and effective upon your accessing any Chattahoochee Gun Works, LLC web site and/or completing the registration or shopping process. Chattahoochee Gun Works, LLC reserves the unqualified right to terminate these terms and conditions, or any portion of them, without prior notice at any time, for any (or no) reason. All provisions, unless otherwise specified, shall survive any termination.
Chattahoochee Gun Works, LLC further reserves the right, in its sole discretion, to terminate your access to any Chattahoochee Gun Works, LLC web site and any related services or any portion thereof at any time, without prior notice.
To the extent permitted by applicable laws, this agreement is governed by the laws of the State of Alabama, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Lee County, Alabama, U.S.A. in all disputes arising from or relating to the use of any Chattahoochee Gun Works, LLC web site. Use of any Chattahoochee Gun Works, LLC is unauthorized in any jurisdiction, which does not acknowledge and recognize all provisions of these terms and conditions, including without limitation this paragraph.
By using any Chattahoochee Gun Works, LLC website, you hereby agree that no agency relationship, employment, joint venture or partnership exists between you and Chattahoochee Gun Works, LLC by virtue of this agreement or use of any Chattahoochee Gun Works, LLC web site. Chattahoochee Gun Works, LLC performance of this agreement is subject to existing applicable laws and legal process.
Nothing contained herein negates or nullifies Chattahoochee Gun Works, LLC right to comply with governmental-‐, court-‐ and law enforcement requests or requirements relating to your use of any Chattahoochee Gun Works, LLC web site or information provided to or gathered by Chattahoochee Gun
Works, LLC regarding such use. In the event any part of this agreement is determined to be invalid or unenforceable pursuant to applicable laws including (but not limited to) the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be considered superseded by a valid, enforceable provision that most closely resembles the intent of the original provision and the remainder of the agreement shall continue to be effective.
Except as otherwise noted herein, this agreement constitutes the entire agreement between the user and Chattahoochee Gun Works, LLC with regard to all Chattahoochee Gun Works, LLC web sites, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Chattahoochee Gun Works, LLC. A printed version of this agreement and of any electronically conveyed form shall be admissible in judicial-‐ or administrative proceedings with respect to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Your use of this and all Chattahoochee Gun Works, LLC web sites is governed in all respects by the laws of the state of Alabama, U.S.A., irrespective of choice of law provisions, and is furthermore not governed by the 1980 U.N. Convention on contracts for the international sale of goods. By using any Chattahoochee Gun Works, LLC web site, you thereby agree to venue in and jurisdiction over any legal proceeding arising from or relating to this or any Chattahoochee Gun Works, LLC web site, either directly or indirectly (including but not limited to the purchase of Chattahoochee Gun Works, LLC products) shall be in the state-‐ or federal courts situated in Russell County, Alabama. Any claim or cause of action you may have with respect to the site (including but not limited to the purchase of Chattahoochee Gun Works, LLC products) must be initiated within one (1) year after the cause of action or claim arises. Chattahoochee Gun Works, LLC failure to enforce strict performance of or insist upon any provision of these terms and conditions will not be construed as a waiver of any right or provision.
Neither trade practice nor the course of conduct between parties shall modify any of these terms and conditions. Chattahoochee Gun Works, LLC may assign its rights and duties under this agreement to any party at any time without prior notice to you.
Use of Site
Any form of harassment on this or any Chattahoochee Gun Works, LLC web site, including by email, chat, or the use of abusive or obscene language, is strictly prohibited. Impersonation of others (including a Chattahoochee Gun Works, LLC-‐ or other licensed employee, host, representative, supplier or vendor, as well as other members or visitors in this or any Chattahoochee Gun Works, LLC web site is forbidden. You may not distribute, upload to, or otherwise publish through this site or any Chattahoochee Gun Works, LLC web site any content which is abusive, defamatory, illegal, invasive of privacy, libelous, obscene, threatening, or otherwise objectionable, or which may encourage or constitute a criminal offense, violate the rights of any party or which may otherwise rise to liability or violate any law. You may not upload commercial content on or use this or any Chattahoochee Gun
Works, LLC web site to solicit others to join or become members of any other commercial online service or other organization.
Chattahoochee Gun Works, LLC does not and cannot review all communications and materials posted to or created by users accessing this or any of its sites, and is therefore not in any way responsible for the content of said communications and materials. You acknowledge that, by providing you with the capability to view and distribute user-‐generated content on this and any Chattahoochee Gun Works, LLC site, Chattahoochee Gun Works, LLC is merely acting as a passive conduit for such distribution and does not undertake or assume any liability or obligation regarding any content or activities on any of its sites. However, Chattahoochee Gun Works, LLC reserves the right to intercept, prevent, block or remove communications or materials it deems to be abusive, deceptive, defamatory, fraudulent, misleading, obscene, offensive, in violation of a copyright, trademark or other intellectual property right of another, or otherwise unacceptable to Chattahoochee Gun Works, LLC in its sole discretion.
By using this or any Chattahoochee Gun Works, LLC web site, you hereby agree to indemnify, defend and hold harmless Chattahoochee Gun Works, LLC, its agents, directors, employees, officers, licensors, suppliers and vendors (hereinafter collectively referred to as “Service Providers”) from and against all costs, damages, expenses and losses, including reasonable attorneys’ fees, arising from any violation of these terms and conditions or any activity related to your account (including but limited to negligent or wrongful conduct) by you or any other person accessing this or any Chattahoochee Gun Works, LLC web site using your Internet account.
Third Party Links
To provide added value to the visitors of its web sites, Chattahoochee Gun Works, LLC may link to sites operated and sponsored by third parties. However, Chattahoochee Gun Works, LLC has no control over or responsibility for these linked sites, all of which have separate and unique privacy and data collection practices, independent of Chattahoochee Gun Works, LLC, even if the third party is affiliated with Chattahoochee Gun Works, LLC. These linked sites are only provided for your convenience and you therefore access them at your own risk. Nevertheless, Chattahoochee Gun Works, LLC strives to protect the integrity of its web sites and the links provided in them, and consequently requests any feedback on no only its own sites, but for sites it links to as well (e.g. if a particular link does not work).
Chattahoochee Gun Works, LLC is not responsible for webcasting or any other form of transmission received from any third party linked site. The inclusion of any link to a third party site does not imply endorsement by Chattahoochee Gun Works, LLC of the site or any association or connection with its operators or sponsors.
Chattahoochee Gun Works, LLC reserves the right to modify the terms, conditions and notices under which any of its web sites are offered, including (but not limited to) the charges associated with the use of any Chattahoochee Gun Works, LLC web site.
Unlawful or Prohibited Use
As a condition of your use of this or any Chattahoochee Gun Works, LLC website, you agree that you will not use this or any Chattahoochee Gun Works, LLC website for any purpose that is prohibited or unlawful by these conditions, notices and terms. You may not use this or any Chattahoochee Gun Works, LLC website in any manner which could damage, disable, impair or unnecessarily burden said websites or interfere with any other party’s enjoyment and use of said websites. You may not obtain or attempt to obtain any information or materials by any means not specifically made available or provided for on said websites.
Use of Communication Services
This and/or any Chattahoochee Gun Works, LLC website may contain bulletin board services, calendars, chat areas, communities, forums, news groups, personal web pages and/or other communication or message facilities designed to allow you to communicate with a group or with the public at large (henceforth collectively referred to as “Communication Services”). Therefore, you agree to use said Communication Services only to post, receive and send messages and material that is proper and pertinent to the particular Communication Service. An example includes, but is not limited to, agreeing that during use of a Communication Service, you will not:
Abuse, defame, harass, stalk, threaten or otherwise violate the legal rights (i.e. rights of privacy and publicity) of others.
Advertise or offer to buy or sell any goods or services for any business purpose, unless such Communication Service specifically allows such advertisements.
Conduct or forward chain letters, contests, pyramid schemes or surveys.
Delete or falsify any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Disseminate, distribute post, publish, or upload any defamatory, inappropriate, indecent, infringing, obscene, profane, or unlawful information, material, name or topic.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Harvest or otherwise collect information about others, including e-‐mail addresses, without their express consent.
Restrict or inhibit any other user from using and enjoying the aforementioned Communication Services.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consent.
Upload files that contain corrupted files, malware, spyware, viruses, worms, or any other similar software or programs that may damage the operation of another’s computer.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Violate any applicable laws or regulations.
Chattahoochee Gun Works, LLC is not in any way obligated to monitor the Communication Services. However, Chattahoochee Gun Works, LLC reserves the right to review any and all materials posted to a Communication Service and to remove any materials at its sole discretion. Chattahoochee Gun Works, LLC reserves the right to terminate your access to any or all of the Communication Services at any time, for any reason whatsoever, without prior notice.
Chattahoochee Gun Works, LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable lawful government request, law, legal process or regulation, or to edit, remove, or refuse to post any information or materials, in whole or in part, at Chattahoochee Gun Works, LLC sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Chattahoochee Gun Works, LLC does not control or endorse the content, information or messages found in any Communication Service and, therefore, Chattahoochee Gun Works, LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Chattahoochee Gun Works, LLC spokespersons, and their views do not necessarily reflect those of Chattahoochee Gun Works, LLC.
Materials uploaded to a Communication Service may be subject to posted limitations on dissemination, reproduction and/or usage. You are responsible for adhering to such limitations if you download the materials.
Materials Provided to Chattahoochee Gun Works, LLC or Posted at any Chattahoochee Gun Works, LLC Web site
Chattahoochee Gun Works, LLC does not claim ownership of materials you may provide to Chattahoochee Gun Works, LLC (including, but not limited to, feedback and suggestions) or material you may input, post, submit or upload to any Chattahoochee Gun Works, LLC website (hereinafter collectively referred to as “Submissions”). Nevertheless, by inputting, posting, submitting or uploading your Submission, you are thereby granting Chattahoochee Gun Works, LLC, its affiliated companies and sublicenses unrestricted permission to use your Submission in connection with the operation of their
Internet businesses including, without qualification, the rights to copy, distribute, edit, publicly display, publicly perform, reformat, reproduce and/or translate your Submission, and further to publish your name in connection therewith.
Such use by Chattahoochee Gun Works, LLC of any of your Submissions does not entitle you to paid compensation, as Chattahoochee Gun Works, LLC is under no obligation to use any Submission you may furnish, and may remove any Submission at any time at its sole discretion.
By inputting, posting, providing, submitting or uploading your Submission, you thereby agree, represent and warrant that you own or otherwise control all rights to your Submission as described in this section including, but not limited to, all rights necessary for you to input, post, provide, submit or upload said Submission.
Notices and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17 of United States Code Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to the Internet Service Provider’s (ISP’s) Designated Agent. Please note that all inquiries not in compliance with the appropriate procedure will receive no response.
Safety of Credit Card Use
Your credit card number cannot be read by a third party while in transit and will remain private and completely protected. We use the highest level, most advanced online security currently available (128-‐ bit encryption). Our commerce server uses Secure Sockets Layer (SSL) which encrypts all data you enter to ensure you order is completely secure from fraud or theft.
Chattahoochee Gun Works, LLC will send items in stock as quickly as possible, usually within 24 hours. UPS does not ship to PO Boxes.
Shipping Methods Available – Based on your shipping address, you will be given the choices of available shipping methods during the checkout process. If all of the items you are ordering are in stock when you order, expedited shipping may be available for that order. To confirm the availability of expedited shipping, please contact our Customer Service department after you have actually placed the order. You can reach Customer Service at (334) 555-‐1212, or email us at firstname.lastname@example.org.
Export Issues – Chattahoochee Gun Works, LLC is fully licensed by the Bureau of Alcohol, Tobacco and Firearms (BATF), Defense Trade Control (DTC) and the U.S. State Department. Chattahoochee Gun Works, LLC strictly complies with International Trafficking in Arms (ITAR) Regulations.
All transactions conducted through Chattahoochee Gun Works, LLC, whether for import, export, or domestic sale of restricted products, must comply with all local-‐, state-‐, federal-‐ and international laws for the sale and transport of these products. Chattahoochee Gun Works, LLC reserves the unrestricted right to refuse the sale of any of the products listed on this or any other Chattahoochee Gun Works, LLC website at our sole discretion, and without explanation.
Credit Card Fraud – because of the recent rise in credit card fraud and identify theft taking place on the internet, we may contact you for verification before we ship your order. We also reserve the unrestricted right not to conduct business with individuals in certain countries, due to U.S. export regulations, Department of Homeland Security restrictions, or to prevent credit card fraud on our site. If you have concerns regarding whether we will conduct business with you based on your country of residence, please email us and ask.
We drop-‐ship some of our orders directly from our suppliers. Consequently, we cannot provide FedEx-‐ or UPS tracking numbers for orders of items that are drop-‐shipped.
You must furnish a valid shipping address. We are not responsible for failed shipment if you do not provide a valid shipping address.
We do not ship to countries other than the United States. Back Ordered Items
Because of the current state of affairs in this country, and the increased demand for tactical gear, some items may be out of stock. If you place an order and one or more items are not available immediately, we will try to give you an estimated ship date. If you do not receive your order within a reasonable time, please contact our Customer Support department.
Instructions for Buying from Chattahoochee Gun Works LLC
All prices are in U.S. Dollars. Prices shown are net prices, and are not subject to any further discounts. Orders are subject to review and acceptance by Chattahoochee Gun Works, LLC. Products will be invoiced at prices in effect at the time an order is accepted by Chattahoochee Gun Works, LLC. Prices, Terms, and conditions of sale are all subject to change without notice. Chattahoochee Gun Works, LLC reserves the right to correct any errors in the printed pricelist.
We will not ship firearms directly to you. We do not ship firearms to non-‐FFL holders. By law, when a person wants to buy a gun online or through the mail, he must have it shipped to a Federal Firearms License (FFL) Dealer. However, you may still order online without an FFL, if you get permission from a
local gun store or other FFL dealer in your area to receive your shipment. Many dealers will execute a transfer for you; however it is your responsibility to contact the FFL Dealer to make sure of their policies, procedures, and any applicable fees they might charge. They will perform all the required background checks and complete the paper work for your area for a small fee of $25.00 to $50.00.
Have the dealer send or fax us a copy of his FFL, signed in ink, along with your name and order number. It is important to make sure that your name or order number is with the dealer’s license so that we know to apply it to your order.
This only needs to be done once, as we keep it on file until it expires. Once this has been done, enter the FFL information in the space provided for Special Instructions during the checkout process on our website. We can then lawfully ship to the dealer’s place of business, where you can pick up your shipment (assuming you meet all applicable local-‐, state-‐ and federal laws.) If you place an order and we don’t have the necessary FFL information on file, we will email you reminding you of this procedure, causing your order to be unnecessarily delayed.
Please note, as of 2/1/05 it is now legal for us to accept a faxed or scanned e-‐mail copy of your dealer’s signed license! This is much faster than mailing it. Our fax number is (334)408-‐2609. You may also e-‐mail scanned copies to: email@example.com
Phone – As with online ordering, the procedure for ordering by phone if you do not have an FFL is the same (see above).
Please note that it is your responsibility to find an FFL holder in your area who will agree to receive your firearm shipment. We do not maintain a directory of FFL holders in various areas throughout the country, and therefore cannot provide referrals for dealers at this time.
Warranty is limited to the manufacturer’s guarantee or warranty, and is therefore a matter between the customer and the manufacturer of the item.
Chattahoochee Gun Works, LLC only advertises and sells high quality items used and preferred by professionals, collectors and enthusiasts around the world.
Items not listed or shown on our website may be ordered. Please email us to ask about whether or not a specific item is available and for a price quote if it is.
Group or quantity pricing
If you are interested in group-‐ or quantity pricing/discounts, please email us with your specific needs, and we will do our best to work with you for a mutually beneficial deal.