Last updated: October 13, 2022

MODERN OUTFITTERS TERMS AND CONDITIONS

 

Please read these Modern Outfitters Terms and Conditions and other policies referred to herein (collectively the “Terms of Use”) carefully before using the Modern Outfitters, LLC (“Modern Outfitters”) website and subdomains (collectively, the “Modern Outfitters Site”), and other services offered by Modern Outfitters, including the  purchase of any of its Products or goods. By purchasing any Modern Outfitters Products, or by using the Modern Outfitters Site, you agree to be bound by these Terms of Use, whether you are simply accessing or browsing the Modern Outfitters Site or you are purchasing Products offered for sale by Modern Outfitters. If you wish to access or browse Modern Outfitters Site, shop for or purchase Modern Outfitters Products, please read these Terms of Use carefully. If you object to anything in this Terms of Use or the Modern Outfitters Privacy Policy, you should leave the Modern Outfitters Site and Modern Outfitters will not complete the sale of any of its Products.

 

  1. Electronic Agreement/Modification. These Terms of Use is a contract that sets out the legally binding terms of your use of the Modern Outfitters Site and your purchase of Products from Modern Outfitters. By accessing the Modern Outfitters Site, purchasing any Products from Modern Outfitters, or becoming a registered customer, you consent to have these Terms of Use provided to you in electronic form. These Terms of Use includes Modern Outfitters Privacy Policy and any notices regarding the Modern Outfitters Site. By accessing the Modern Outfitters Site, clicking the Accept Button and becoming a registered user, or purchasing any Products from Modern Outfitters, you accept these Terms of Use and agree to the terms, conditions and notices contained or referenced herein.

 

  1. Modification. These Terms of Use may be modified by Modern Outfitters at its sole discretion from time to time, such modifications to be effective upon posting by Modern Outfitters on the Modern Outfitters Site and your use of the Modern Outfitters Site after such posting will constitute acceptance by you of such changes. Please consult these Terms of Use regularly.

 

  1. Access and Retention. A copy of these Terms of Use will be provided to you on the purchase of any Modern Outfitters Products and can be found on the Modern Outfitters Site. In order to access and retain the electronic Terms of Use, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all software and equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of these Terms of Use, you may save it into any word processing program.

 

  1. Modern Outfitters Online Marketplace. Modern Outfitters has developed and operates an online marketplace at the Modern Outfitters Site and in-store purchase, for the sale of Guns (as defined below), ammunition, optics, magazines and any other products and accessories Modern Outfitters sells (collectively, “Products”) to Buyers where legally permissible in the United States of America, but excluding U.S. territories, which operates in part with the use of authorized FFL Dealers (as defined below) who are licensed to transfer Guns. The FFL Dealer provided by the Buyer is referred to in these Terms of Use as a “Dealer”. Each Dealers’ participation in the transfer of a Gun on the request of the Buyer is subject to these Terms of Use. In order for a Gun to be transferred to a Buyer, the transfer must be completed by a firearms dealer who holds a valid Federal Firearms License (an “FFL Dealer”), and the transfer must be affected in accordance with all applicable federal, state, and local Laws of the Buyer. The term “Buyer” or “User” as used herein means any natural person who is a potential or actual purchaser of a Product from Modern Outfitters or accesses and uses the Modern Outfitters Site.  The term “Gun(s)” means a firearm as defined in 18 USCS § 921(a).

 

  1. Purchase and Sale of Products Generally.

 

  1. You agree that any order you place or Product purchased through or at Modern Outfitters, whether on the Modern Outfitters Site or in the Modern Outfitters store, is an offer to buy all Products listed in your order, and is subject to these Terms of Use. All orders are subject to acceptance by Modern Outfitters and Modern Outfitters is under no obligation to accept any order or otherwise sell the Products to you. Modern Outfitters may choose, at its sole discretion, not to accept orders, even after Modern Outfitters gives you a confirmation with your order number and details of the items you have ordered. NO SALE OF A GUN IS COMPLETE UNTIL THE GUN HAS BEEN TRANSFERRED BY AN FFL DEALER TO THE BUYER IN ACCORDANCE WITH APPLICABLE FEDERAL, STATE, AND LOCAL LAWS OF THE BUYER AND ALL APPLICABLE REQUIREMENTS OF THESE TERMS OF USE HAVE BEEN SATISFIED.

 

  1. Modern Outfitters will use commercially reasonable efforts to verify the availability of requested Products in a timely manner. If a Buyer places an order for a Gun(s) and other accessory items, the accessories will be put in a hold status until availability of the Gun is confirmed. If for any reason the Gun is unavailable and the purchase cannot be completed, the entire order, including accessories and non-Gun items, will be canceled and the Buyer notified. All other orders may be partially fulfilled and any applicable refunds will be given to the Buyer.

 

  1. Buyers are responsible for reading the complete Product description prior to placing an order. Modern Outfitters attempts to ensure Product descriptions and prices are as accurate as possible, and Modern Outfitters does not warrant that any Product description or other content is accurate, complete, reliable, current or error free. Modern Outfitters reminds the Buyer to verify all Guns before leaving Modern Outfitters or the Dealer and in the case of a situation where Buyer chooses not to take delivery of the Gun because of an error in the description on the Modern Outfitters Site, Buyer’s sole remedy is a full refund of the Product at issue.

 

  1. Not all Products are available in all areas due to federal, state, or local Laws of the Buyer. Modern Outfitters reserves the right to limit Product quantities. For new Products many of our pictures are stock photos provided to us by the manufacturer and do not necessarily represent the actual item being purchased. Please verify the Product by the title and description in the listing and do not rely on the photos alone. Modern Outfitters does not warrant that any Product description or other content is accurate, complete, reliable, current or error free.

 

  1. Guns purchased through the Modern Outfitters Site are ONLY sent to licensed FFL Dealers or Collector of Curio & Relics License (“C&R”) license holders where applicable. Modern Outfitters must have a current copy of the FFL Dealer’s or C&R’s signed licensed BEFORE Buyer may place an order with Modern Outfitters. All orders placed without, or prior to, a signed copy of the FFL Dealer’s or C&R’s license on file may be deleted without notice. Modern Outfitters reserves the right to refuse any Gun or ammunition order. Buyer must pick up any Gun ordered through the Modern Outfitters Site from the Buyer designated FFL Dealer facilitating the Gun transfer within 14 days of the date such order is available for pickup from such FFL Dealer. If the Buyer fails to pick up his or her order within this timeframe, the order is subject to cancellation, in which case the Product at issue will be shipped back to Modern Outfitters and the Buyer will be charged, and Buyer agrees to pay, certain restocking and shipping fees.

 

  1. Your purchase and receipt of all Products is subject to compliance with all federal, state and local laws, statutes, ordinances, rules and regulations (“Law(s)”). By proceeding with the purchase of any Modern Outfitters Products, the Buyer represents and warrants that: (i) the Buyer has reviewed all applicable Laws related to the use, possession, purchase and/or ownership of the Products; (ii) the Buyer is legally permitted to use, possess, purchase and/or own the Products; and (iii) the Buyer does not intend to transfer any Products in violation of any applicable Laws, including transferring any Products to a person described in 18 USCS § 922(g) and 18 USCS § 922(n). BUYER IS RESPONSIBLE FOR COMPLYING WITH ALL LAWS APPLICABLE TO THE ORDER, SHIPMENT, DELIVERY, SALE, TRANSFER, POSSESSION AND USE OF ALL PRODUCTS ORDERED BY BUYER, INCLUDING, WITHOUT LIMITATION, GUNS, AMMUNITION AND ANY OTHER PRODUCTS RESTRICTED BY LAW.

 

IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN UNSECURED FIREARM IN A PLACE WHERE CHILDREN ARE LIKELY TO BE AND CAN OBTAIN ACCESS TO THE FIREARM.

 

 

  1. Prices and Payment Terms

 

  1. All prices on the Modern Outfitters Products are quoted in US currency. All prices, discounts, and promotions posted on the Products or Modern Outfitters Site are subject to change without notice. The price charged for a Product or service will be the price in effect at the time the order is placed and will be set out in the Buyer’s order confirmation. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping, handling, and any fee associated with the Buyer designated FFL Dealer for the transfer of a Gun. All such taxes and charges will be added to your merchandise total and will be itemized in the order confirmation. Buyer acknowledges and confirms that any and all fees for the transfer of a Gun imposed by the Buyer designated FFL Dealer (“FFL Transfer Fee”) are the sole responsibility of Buyer and Modern Outfitters shall not be responsible for Buyer’s failure to pay such FFL Transfer Fee. If Buyer fails to pay the FFL Transfer Fee within 14 days of the date such Gun is available for pickup, the order is subject to cancellation, in which case the Gun at issue will be shipped back to Modern Outfitters and the Buyer will be charged, and Buyer agrees to pay, certain restocking and shipping fees. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

 

  1. From time to time, we may offer promotions for certain Modern Outfitters Products that may affect pricing and that are governed by terms and conditions separate from these Terms of Use. If there is a conflict between the terms for a promotion and these Terms of Use, the promotion terms will govern.

 

  1. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept the methods of payment identified during the checkout process. Each Buyer represents and warrants that (i) the credit card or other payment information he or she supplies to us is true, correct and complete, (ii) such Buyer is duly authorized to use such credit card or payment method for the purchase, (iii) charges incurred by such Buyer will be honored by his or her credit card company or payment method processor, and (iv) such Buyer will pay charges incurred by him or her at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted at the time of the order.

 

  1. Buyer acknowledges that Products will only be delivered to the owner of the credit card or the account holder of the payment method used to make the purchase without exception.

 

  1. Shipments; Delivery.

 

  1. In addition to the Terms of Use set forth herein, Buyer is also subject to that certain Shipping Policy found on the Modern Outfitters Site and such terms are hereby fully incorporated into these Terms of Use. Buyer represents and warrants to Modern Outfitters that all Products Buyer orders may be shipped, delivered, sold and transferred to Buyer and possessed by Buyer in the jurisdiction Buyer specifies for delivery in accordance with all Laws. Buyer is responsible for complying with all applicable Laws, including all local laws, ordinances, rules and regulations.

 

  1. Modern Outfitters will arrange for shipment of ordered Guns to the Dealer as Buyer directs. The Buyer or FFL Dealer must provide Modern Outfitters evidence reasonably satisfactory to Modern Outfitters that it is a validly licensed FFL Dealer. Buyer will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs Modern Outfitters incurs in the processing, handling, packing, shipping, and delivery of the order. Modern Outfitters will only ship Guns to the address on the Buyer designated FFL Dealer (or C&R, if applicable) license. Gun shipments cannot be held at the hub, shipped to alternate locations, or rerouted. They must be delivered to the shipping address and signed for by Buyer.

 

  1. Shipping and delivery dates are estimates only and cannot be guaranteed. Modern Outfitters is not liable for any delays in shipments. Modern Outfitters will not be responsible for packages returned to us that are refused delivery and Buyer will be liable for additional shipping charges to re-ship any packages.

 

  1. Modern Outfitters has a compliance protocol in place to help prevent the shipment of Guns and any other restricted Products to a jurisdiction in which such Guns or restricted Products are prohibited by Law. However, should a Gun get shipped to a jurisdiction in which the Gun is prohibited by Law, the transaction will be canceled and will require the Gun to be returned to Modern Outfitters.

 

  1. Modern Outfitters does not ship to P.O. Boxes and/or APO/FPO addresses.

 

  1. Free Shipping promotions do not apply to Bulk Orders or to Expedited Shipping orders. The minimum purchase amount to qualify for each free shipping offer does not include Gun processing fee or tax, or any FFL Transfer Fee.

 

  1. Returns and Refunds.

 

  1. If you are not satisfied with your purchase, and in most cases, you have the option to exchange or return Products by either mail or at our retail store regardless of whether the merchandise was purchased in the store, by phone, or online. However, all such returns shall be subject to the following:

 

  1. Restocking fee of 15%.
  2. Some items, such as Guns and ammunition, are not eligible to be returned or exchanged.
  • Returns must be initiated within 60 days of shipment or purchase.
  1. If you receive a DEFECTIVE item, please contact Modern Outfitters.
  2. If you receive INCORRECT, DAMAGED OR MISSING items, please contact Modern Outfitters.
  3. Modern Outfitters Return Policy does not cover any item for ordinary wear and tear, damage caused by accident, natural disaster, improper care or use, or the natural breakdown of colors or materials over extended time and use.
  • Any returns received that do not qualify for Modern Outfitters Return Policy will be returned to the Buyer at their expense. When possible, the expense will be charged to the credit card on file for the purchase. This includes items that are non-returnable, damaged, mis-used or not purchased from Modern Outfitters.
  • We do not accept packages that are shipped COD or freight collect.
  1. Flat-rate shipping labels are available to eligible U.S. Buyers online or through Customer Service. Flat-rate shipping label fees will be deducted from Buyer’s merchandise credit/refund.
  2. Shipping labels, besides the courtesy label attached to your invoice, are emailed and will need to be printed by the Buyer.
  3. Packages refused by Buyer will be refunded for merchandise total only, shipping and handling charges for both the delivery and return shipping are non-refundable.
  • Refunds and merchandise credits are for returned merchandise total only, shipping and handling charges are non-refundable. If a coupon was used on the order, you’ll receive a refund/credit, minus the coupon value.
  • Modern Outfitters reserves the right to limit or decline returns.

 

  1. Modern Outfitters will not accept returns for: (i) defects or malfunctions resulting from careless handling, unauthorized adjustments or modifications made or attempted by anyone, or failure to follow the correct assembly and disassembly instructions; or (ii) use of defective or improper ammunition, corrosion, neglect, abuse, ordinary wear and tear, or unreasonable use.

 

  1. If the Buyer does not pass a background check or the transfer is not otherwise able to be completed, whether the Buyer is not able to take legal possession of the Gun or for any other reason, the transaction will be canceled. Upon such cancellation, the Buyer will be charged a 15% restocking fee plus the cost of return shipping and the remainder of the transactional charges, less the original shipping costs, will be refunded to the Buyer. Guns shipped to the designated FFL Dealer which are not picked up within 14 days of arrival are subject to a 15% restocking fee plus the costs of shipping. In both instances, the Modern Outfitters fees and any shipping charges and FFL Transfer Fees to the transferring FFL Dealer are not refundable.

 

  1. All sales of ammunition are final. Modern Outfitters does not accept returns of ammunition for any reason whatsoever. No refunds, credits, discounts or exchanges will be issued for any reason for any ammunition. All sales of optics, magazines, holsters, knives, hunting gear, range gear and other accessories are final. Modern Outfitters does not accept returns of optics, magazines and other accessories for any reason whatsoever. No refunds, credits, discounts or exchanges will be issued for any reason for any optics, magazines and other accessories.

 

  1. Limited Warranty for Modern Outfitters’ Manufactured Guns.

 

  1. Modern Outfitters warrants that all Guns manufactured by Modern Outfitters are originally manufactured free of defects in material, workmanship, and mechanical function. Any such defects of which Modern Outfitters receives written notice within one year from the date of purchase by the original owner, Modern Outfitters agrees to correct any defect in the Gun caused by a mechanical failure for the original purchaser by repair, adjustment, or replacement, at Modern Outfitter’s option, with the same or comparable quality components (or by replacing the Gun at Modern Outfitter’s option); provided however that a Return Merchandise Authorization (RMA) is first obtained by contacting Modern Outfitters Customer Service, and the Gun is returned unloaded and freight prepaid to Modern outfitters at 950 Isom Road, Ste. 110, San Antonio, Texas 78216.

 

  1. This limited warranty is null and void if the Gun has been misused, damaged (by accident or otherwise); fired with hand loaded, reloaded, or improper ammunition; fired with an obstruction in the barrel; damaged through failure to provide reasonable and necessary maintenance as described in the manual accompanying the Gun; or if unauthorized repair or any alteration by anyone other than a qualified gunsmith following Modern Outfitters authorized procedures, including of a cosmetic nature, has been performed on the Gun; criminal misuse, negligence, or use under the influence of drugs or alcohol. Cerakote and other decorative finishes will not void your warranty if applied properly. Decorative finishes that are improperly applied to our products may cause failures and would not be covered under the Limited Warranty. Any cosmetic damage to aftermarket finishes is not the responsibility of Modern Outfitters. This limited warranty does not apply to normal wear and tear of any parts.

 

  1. Subject to the foregoing, this limited warranty confers the right to have the covered Gun or its parts repaired, adjusted, or replaced exclusively upon the original purchaser, which right is not transferable to any other person. This warranty does not apply to any accessory items attached or appurtenant to the Gun.

 

  1. ANY WARRANTIES IMPLIED BY LAW, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED. REPAIR, ALTERATION, OR REPLACEMENT AS PROVIDED HEREIN IS YOUR EXCLUSIVE REMEDY FOR ANY DEFECTIVE PRODUCT. IN NO EVENT SHALL MODERN OUTFITTERS OR ANY COMPANY AFFILIATED WITH MODERN OUTFITTERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE PURCHASE OR USE OF A MODERN OUTFITTERS MANUFACTURED GUN, WHETHER BASED UPON CONTRACT, TORT, STATUTE, OR OTHERWISE.

 

  1. UNDER NO CIRCUMSTANCES SHALL MODERN OUTFITTERS BE RESPONSIBLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO ECONOMIC LOSS, INJURY, DEATH OR PROPERTY DAMAGE, WHETHER AS A RESULT OF BREACH OF THIS WARRANTY, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE.

 

  1. Some states do not allow the exclusion or limitation of implied warranties, or the exclusion or limitation of incidental or consequential damages, so some or all of the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from State to State.

 

  1. This warranty applies to U.S. commercial customers only, and does not apply to government, military, law enforcement, or non-US customers.

 

  1. Disclaimers

 

  1. If used improperly, Guns can be dangerous. If you purchase a Gun through Modern Outfitters, you agree to follow all manufacturer safety instructions and to use any such Gun in a safe manner, in an approved area, and solely for legal purposes.

 

  1. The availability of Products or services from Modern Outfitters does not indicate an affiliation with or endorsement of any Product, service, manufacturer or Dealer. Accordingly, unless provided elsewhere in these Terms of Use, Modern Outfitters does not provide any warranties with respect to the Products or services offered from Modern Outfitters. However, some Products offered on the Modern Outfitters Site may be covered by the manufacturer’s warranty. To obtain warranty service for defective Products, please follow the instructions included in the manufacturer’s warranty.

 

  1. Unless provided elsewhere in these Terms of Use, Modern Outfitters assumes no, and Buyer hereby releases Modern Outfitters from any responsibility for Product defects or malfunctions or for physical injury or property damage, whether resulting in whole or in part from criminal or negligent use of a Product, improper or careless handling, unauthorized modifications, use of defective, improper hand-loaded, reloaded or remanufactured ammunition, Buyer abuse or neglect of the Product or other influences beyond Modern Outfitters’ direct and immediate control, or otherwise.

 

  1. You affirm that Modern Outfitters shall not be liable, under any circumstances, for any breach of warranty claims or for any damages arising out of the manufacturer’s failure to honor its warranty obligations to you.

 

  1. You understand that handling, cleaning or discharging a Gun, ammunition or ammunition components may cause exposure to lead, and you hereby hold Modern Outfitters harmless from and assume all responsibility and liability for any lead exposure.

 

  1. UNLESS PROVIDED ELSEWHERE IN THESE TERMS OF USE, MODERN OUTFITTERS MAKES NO WARRANTIES WITH RESPECT TO THE PRODUCTS OR THE MODERN OUTFITTERS SITE, WHICH ARE PROVIDED “AS IS.” UNLESS PROVIDED ELSEWHERE IN THESE TERMS OF USE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MODERN OUTFITTERS DISCLAIMS ALL WARRANTIES RELATING TO THE PRODUCTS, THE MODERN OUTFITTERS SITE OR THE USE THEREOF, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SAFETY OR NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.

 

  1. IN NO EVENT SHALL MODERN OUTFITTERS OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, AGENTS OR REPRESENTATIVES, BE IN ANY WAY LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM, OR RELATING TO, THE USE OF ANY MODERN OUTFITTERS PRODUCTS, THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, MATERIALS, PRODUCTS, AND FUNCTIONS REPRESENTED THEREOF, OR OF ANY LINKED WEBSITE, OR ANY PRODUCT OR SERVICE LINKED TO FROM OR ADVERTISED OR PROMOTED ON THE WEBSITE, OR OTHERWISE RELATING HERETO, REGARDLESS OF WHETHER THE SAME ARE FORESEEABLE OR IF MODERN OUTIFITTERS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

YOU ACKNOWLEDGE, BY YOUR USE OF ANY MODERN OUTFITTERS PRODUCTS OR OF THE MODERN OUTFITTERS SITE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING, REPAIRS OR REPLACEMENT OF ANY EQUIPMENT, HARDWARE, SOFTWARE OR DATA YOU USE IN CONNECTION WITH YOUR USE OF THE MODERN OUTFITTERS SITE AND THAT MODERN OUTFITTERS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF, OR INABILITY TO USE, THE MODERN OUTFITTERS SITE.

 

MODERN OUTFITTERS MAKES NO REPRESENTATION OR WARRANTY THAT THE MODERN OUTFITTERS SITE, CONTENT, SOFTWARE OR ANY PRODUCT OFFERED OR PURCHASED FROM MODERN OUTFITTERS IS APPLICABLE OR APPROPRIATE FOR USE OR ACCESS IN LOCATIONS OUTSIDE OF THE UNITED STATES.

 

  1. Buyer’s Representations and Warranties

 

  1. Buyer represents and warrants to Modern Outfitters that: (i) Buyer has the legal power and capacity to enter into these Terms of Use and perform all of Buyer’s obligations and responsibilities hereunder, including being of the requisite age required by Law to complete any purchase of a Product hereunder, (ii) these Terms of Use constitute a valid and binding agreement, enforceable against Buyer in accordance with their terms, (iii) you will not violate any Laws in connection with your use of the Modern Outfitters Site or purchase of Products, and (iv) you will not interfere with or disrupt, or attempt to interfere with or disrupt, the Modern Outfitters Site.

 

  1. If you are ordering a Gun or other Product restricted by Law, you further represent and warrant that: (i) you are not prohibited by Law from receiving or possessing Guns or any other Product you order that is restricted by Law, (ii) you are the actual transferee/purchaser of the Gun or other restricted Product you order and you are not ordering or acquiring such Gun or restricted Product on behalf of any other person described in 18 USCS § 922(g) and 18 USCS § 922(n), (iii) you assume all responsibility for the legality of any Gun or other restricted Product you order or receive and (iv) all information and documentation provided by you during the ordering and sale process and at the point of transfer, including, without limitation, all information provided by you on ATF Form 4473 or any other legally required documents or forms, is true, complete and accurate in all respects.

 

  1. You represent and warrant that you are buying Products or services from Modern Outfitters for your own personal use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to permissible locations within the USA. By ordering any Products from the Modern Outfitters Site, you certify that you, or third parties at your direction, will not sell, transport, ship or transfer outside the borders of the USA or to any “foreign person,” any Products which are export restricted by United States export-control laws and regulations, without proper United States government export authorization, licensing and documentation.  It is your responsibility to determine whether any Product is subject to export restrictions.  “Foreign person” has the meaning provided in 22 Code of Federal Regulations Section 120.16.

 

  1. Intellectual Property.

 

  1. All intellectual property rights and other rights relating to the Modern Outfitters Site and the trademarks and service marks of Modern Outfitters (the “Modern Outfitters Marks”) will at all times be the exclusive property of Modern Outfitters or its licensors, and all use of such rights will accrue to the benefit of Modern Outfitters. User will not challenge Modern Outfitters’ title to such intellectual property, including, without limitation, the Modern Outfitters Marks, oppose any registration thereof, or challenge the validity of these Terms of Use. Furthermore, User will not register, nor attempt to register, any trade name, trademark, service mark, design or domain name which, in whole or in part, incorporates or is confusingly similar to the Modern Outfitters Marks, without the prior written consent of Modern Outfitters. User acknowledges and agrees that, as between Modern Outfitters and User, Modern Outfitters owns all Buyer information collected through the Modern Outfitters Site. Nothing contained in these Terms of Use will constitute or be construed as a transfer of ownership of any of the intellectual property rights of Modern Outfitters or its licensors or to otherwise give User any proprietary rights to any of the intellectual property rights of Modern Outfitters or its licensors.  User grants Modern Outfitters an irrevocable, perpetual, worldwide, royalty-free right and license to use information or content User supplies to Modern Outfitters.

 

  1. Acceptable Use and Restrictions.

 

  1. You agree to protect the Modern Outfitters Site and Modern Outfitters proprietary content, information and other materials, from unauthorized access or use, and you agree that you will not use the Modern Outfitters Site or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized in writing by Modern Outfitters. You agree that: (a) you will not use the Modern Outfitters Site if you are not fully able and legally competent to agree to these Terms of Use; (b) you will only use the Modern Outfitters Site for lawful purposes and you will not use the Modern Outfitters Site for sending or storing any unlawful material or for fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct or to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party; (c) you will not use the Modern Outfitters Site to send “spam”; (d) you will not use the Modern Outfitters Site to cause nuisance, annoyance or inconvenience; (e) you will not impair the proper operation of the Modern Outfitters Site network; (f) you will not try to harm the Modern Outfitters Site in any way whatsoever; (g) you will not copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Modern Outfitters Site, any updates, or any part thereof or content therein without written permission from Modern Outfitters; (h) Users who are not Dealers will only use the Modern Outfitters Site for their own use, not for commercial use; (i) you will not distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Modern Outfitters Site in any unauthorized manner, including but not limited to by trespass or burdening network capacity, or use the Modern Outfitters Site in any service bureau arrangement; (j) you will not attempt to obtain any information or content from the Modern Outfitters Site using any robot, spider, scraper or other automated means for any purpose; (k) you will keep secure and confidential your account password or any identification we provide you which allows access to the Modern Outfitters Site or your account thereon; (l) you will only use an access point or data account which you are authorized to use; (m) you will provide whatever proof of identity and age reasonably requested by Modern Outfitters or any transferring FFL Dealer; and (n) you will not permit any third party to engage in any of the acts prohibited above. You understand and agree that you are not permitted to: (i) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Modern Outfitters Site; (ii) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer the Modern Outfitters Site, and any updates to or portion of the Modern Outfitters Site (except as and only to the extent any foregoing restriction is prohibited by applicable Law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Modern Outfitters Site); (iii) use any means to discover the source code of the Modern Outfitters Site and software or to discover the trade secrets in the Modern Outfitters Site or software; or (iv) otherwise circumvent any functionality that controls access to or otherwise protects the Modern Outfitters Site. Any attempt to do any of the foregoing is a violation of these Terms of Use and the rights of Modern Outfitters and its licensors. If you breach these restrictions, you may be subject to prosecution and damages.

 

  1. Indemnification.

 

User will indemnify, defend, and hold Modern Outfitters and its affiliates and each of their respective owners, managers, directors, officers, employees and agents (collectively, the “Indemnified Parties”) harmless against any and all damages, liabilities, losses, fines, penalties, assessments, judgments awards, costs and expenses (including, without limitation, reasonable attorneys’ fees) suffered or incurred by the Indemnified Parties in connection with any suit, action, claim, investigation or proceeding brought by a third party (including, without limitation, any governmental authority) arising out of or in connection with: (i) User’s failure to comply with applicable Laws, (ii) User’s breach of these Terms of Use, or (iii) the negligence or intentional misconduct of User.

 

  1. Limitations of Liability.

 

  1. Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL MODERN OUTFITTERS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, WITH RESPECT TO ECONOMIC LOSS, INJURY, DEATH OR PROPERTY DAMAGE HOWSOEVER ARISING IN CONNECTION WITH THESE TERMS OF USE, THE PRODUCTS, OR THE USE, OR INABILITY TO USE, THE MODERN OUTFITTERS SITE, EVEN IF MODERN OUTFITTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 

  1. Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MODERN OUTFITTERS’ AGGREGATE CUMULATIVE LIABILITY FOR DAMAGES ARISING IN CONNECTION WITH THE PRODUCTS, THESE TERMS OF USE OR THE MODERN OUTFITTERS SITE (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) WILL BE LIMITED TO, AND WILL IN NO EVENT EXCEED, THE AMOUNT PAID BY BUYER TO MODERN OUTFITTERS IN RESPECT OF THE PARTICULAR PRODUCT IN CONNECTION WITH WHICH THE CLAIM ARISES.

 

  1. The foregoing exclusions and limitations shall apply regardless of whether any remedy fails of its essential purpose.

 

  1. Miscellaneous.

 

  1. Waivers. In no event will any delay, failure or omission of a party in enforcing, exercising or pursuing any right, claim or remedy under these Terms of Use be deemed as a waiver thereof, unless such right, claim or remedy has been expressly waived in writing.

 

  1. Notices. Except as otherwise specifically set forth herein, any notices and other communications given or made pursuant to these Terms of Use to you by Modern Outfitters will be in writing and will be deemed effectively delivered: (i) when posted to the Modern Outfitters Site, or (ii) sent by email to the account provided by the User, or (iii) if sent by courier, on the date delivered, or (iv) if sent by email or facsimile, on the date of confirmed electronic transmission. Any notices and other communications given or made pursuant to these Terms of Use to Modern Outfitters by you will be in writing and will be deemed effectively delivered: (i) when sent by email to Modern Outfitters at [email protected], on the date of confirmed electronic transmission or (ii) if sent by mail or express courier, on the date delivered to an authorized representative of Modern Outfitters. Either party may change its contact information by delivering written notice to the other party in the manner provided above.

 

  1. Relationship of the Parties. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. Modern Outfitters has no special relationship with or fiduciary duty to any User or Buyer.

 

  1. Links from the Modern Outfitters Site. The Modern Outfitters Site contains links to other sites and resources provided by third parties; these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Modern Outfitters Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

  1. Objectionable Material. You understand that by using the Modern Outfitters Site, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. If you object to any such content, you should cease using the Modern Outfitters Site.

 

  1. Force Majeure. Modern Outfitters will have no liability to any User under these Terms of Use to the extent that it is delayed, prevented or hindered in performing any of its obligations under these Terms of Use as a result of any circumstance or occurrence beyond its reasonable control, including, without limitation, acts of God, strikes, blockades, acts of terrorism, riots, storms, earthquakes, explosions, fires, floods, Internet or telecommunications failures/outages/delays, third-party hosting facility failures, denial of service attacks, or other similar occurrences.

 

  1. Partial Invalidity. If any provision of these Terms of Use or the application of it will be declared or deemed void, invalid or unenforceable in whole or in part for any reason, these Terms of Use will be amended in order to give effect to, so far as is possible, the intent of these Terms of Use. If Modern Outfitters fails to amend these Terms of Use, the provision, which is void, invalid or unenforceable, will be deemed deleted and the remaining provisions of these Terms of Use will continue in full force and effect.

 

  1. Governing Law; Venue; Jurisdiction. These Terms of Use will, in all respects, including all matters of construction, validity and performance, be governed by the laws of the State of Texas, without regard to any conflicts of law principles which may result in the application of the laws of another jurisdiction. Any suit, action or proceeding arising in connection with these Terms of Use will be brought in the state or federal courts sitting in Bexar County, Texas and the parties hereby expressly submit to the jurisdiction of such courts for the purpose of any such suit, action, or proceeding.  Each party hereby irrevocably waives any objections which it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to these Terms of Use if brought in Texas, and hereby further irrevocably waives any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.

 

  1. Assignment. You may not assign these Terms of Use or your rights and obligations hereunder, either in whole or in part, and whether by operation of law or otherwise, without the prior written consent of Modern Outfitters. Any attempted assignment or delegation by you in violation of this Section will be null and void, and will constitute a material breach of these Terms of Use.