About This Agreement
This Agreement governs your use of this Site and its associated services. KelTec CNC Industries, Inc. (“KelTec,” “we,” “our,” or “us”) owns and operates this Site. This Agreement is effective as of [date].
Why you Cannot Order or Purchase Firearms from this Site
Federal law prohibits the interstate sale of firearms to persons or entities not possessing a valid Federal Firearms License (“FFL”). KelTec does not sell firearms to individuals or even to federally licensed individuals or retail dealers. Rather, we sell firearms directly to a small number of independent, federally licensed wholesale firearm distributors, who in turn sell firearms to federally licensed retail dealers, who in turn sell their firearms to legally authorized retail purchasers in compliance with all federal, state and local laws and regulations.
Any reference to an independent licensed wholesaler or retailer on this Site does not constitute an endorsement or recommendation of any such independent entity by us. They are not within our control, and we are not responsible in any manner for any of their policies or practices. If you have any questions concerning a firearms wholesaler or retailer, you should contact them directly, or contact your local law enforcement agency or the regional Bureau of Alcohol, Tobacco and Firearms (“ATF”) office listed in your local telephone directory.
Eligibility to Purchase Products
By purchasing products from KelTec through this Site, you represent that you are legally entitled to purchase and possess them pursuant to federal, state and local law. KelTec does not represent or warrant that the products, including, but not limited to, magazines and knives, are legal to own, possess or use in your jurisdiction. You are responsible for determining the legality of any products pursuant to the laws applicable in your jurisdiction before placing an order.
Not all products are available in all areas, and attaching certain accessories to your firearm may render it prohibited in certain states and municipalities. Prior to installation, verify that your state and local laws allow you to install specific accessories on your firearm.
Prices and specifications for any products or services sold through the Site are subject to change without notice. Typographic, photographic, and /or descriptive errors are subject to correction. We reserve the right to limit product quantities. All prices are quoted in US$.
We reserve the right to discontinue any product at any time. We reserve the right to refuse any order you place with us. We reserve the right to limit the quantities of any products or services that we offer. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Accuracy of Billing and Account Information
You agree to provide current, complete and accurate purchase and account information for all purchases made through this Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Copyrights and Trademarks
The Site consists of (1) copyrighted materials, such as information, articles, opinions, other text, directories, guides, graphics, photographs, illustrations, images, video and audio clips, music, advertising and promotional materials, data, software, compilations, designs, graphical interface, and overall “look and feel”; (2) trademarks, logos, trade names, service marks, trade identities, and the domain names and URLs associated therewith, whether registered or unregistered (collectively the “Trademarks”); and (3) other forms of intellectual property (all of the foregoing collectively and individually are referred to as “Site Content”). All right, title, and interest in and to the Site Content is the property of KelTec or its licensors, and is protected by U.S. and international copyright, trademark, patent, or other proprietary rights and laws. You do not acquire any ownership rights in any Site Content by using the Site or by virtue of downloading, printing, or using Site Content.
Use of this Site
This Site and all of the Site Content are solely for personal and authorized commercial use, and you may download or copy Site Content only for such limited purposes. Except as may be expressly authorized by KelTec in writing, and except as noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any Site Content. This applies to copyrighted Site Content regardless of whether or not a copyright notice appears on such materials, and applies to Trademarks, whether registered or unregistered and regardless of whether or not a trademark notice appears on such materials. All rights not expressly granted in this Agreement are reserved by KelTec or its licensors.
User Comments, Feedback, Postings, and Other Submissions
We may provide “contact us” features, e-mail addresses, or other functionality (“User Forums”) on the Site to give users of the Site (“Users”) a means to express their opinions or share their ideas, information, materials, photographs, and other user-generated content with us or other Users of the Site (collectively “Submissions”).
Rights You Grant to Us
Whenever you submit a Submission to a User Forum on the Site or directly to KelTec (including by e-mail) you: (1) grant to KelTec an irrevocable worldwide, nonexclusive, perpetual, fully sub-licensable and assignable, royalty-free right and license to use, reproduce, modify, adapt, translate, incorporate in other works, and otherwise create derivative works from, publish, distribute, transmit, broadcast, perform, display, and otherwise exercise all rights in and to such Submission, via the Site or otherwise, in any form, media, or technology now known or later developed, (2) consent to all relevant acts or omissions in relation to your moral rights in such Submission (if any) which might otherwise constitute a breach or infringement of those moral rights, and to the extent permitted by law waive all your moral rights in such Submission, and (3) waive any requirement that we maintain the Submission in confidence or compensate you in any way for our use of the Submission.
Representations You Make to Us
By using this Site, you represent that you are at least the age of majority in your state. You are solely responsible for all Submissions that you submit to a User Forum on the Site or directly to KelTec (including by e-mail). By doing so, you represent and warrant to KelTec that you hold all rights necessary to provide each such Submission, and that each such Submission: (1) is not confidential and that you have all necessary permission to submit such Submission; and (2) does not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy, or any other proprietary rights.
You may use the Site only for lawful purposes and you agree that you shall at all times comply with all local, state, national, and international laws, statutes, and regulations applicable to your use of the Site. In addition, while using the Site, you agree that you will not do any of the following:
Breach or attempt to breach the security of any portion of the Site, including, but not limited to: (1) access Site Content that you are not authorized to access; (2) log into a server or account that you are not authorized to access; (3) attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (4) attempt to interfere with or disrupt the Site or the servers or networks that support the Site, including, without limitation, via means of submitting a virus to the Site or overloading, “flooding,” “mailbombing” or “crashing” the Site; (5) restrict or inhibit any other user from accessing or using the Site, including, without limitation, by means of hacking or defacing any portion of the Site; or (6) submit any virus, worm, “Trojan Horse,” “time bomb,” spyware, or any other computer code, file, or program that may or is intended to damage, hijack or otherwise interfere with the operation of the Site or any hardware, software, or telecommunications equipment or with any third party’s uninterrupted use and enjoyment of the Site.
Impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity, including KelTec; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submissions to us or through the Site; or expressly state or imply that we endorse any statement you make.
Submit via the Site (or any User Forum) anything that is or may be: (1) harmful, threatening, abusive, harassing, degrading, hateful, or intimidating; (2) defamatory, libelous, or disparaging of any person or entity; (3) misleading, false, fraudulent, or tortious; (4) obscene, indecent, pornographic, vulgar, profane, or sexually explicit; (5) intended to promote (or have the effect of promoting) violence, racial hatred, terrorism or illegal acts; (6) infringing, or in violation or misappropriation of, any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property rights of any third party; (7) in violation of any other rights of any person or entity; (8) violative of any law or regulation; or (9) otherwise objectionable, in our sole discretion.
Except for search engines presenting links to users searching for the Site or Site Content, use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” scrape, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents, unless otherwise permitted by KelTec in writing in advance. Use the Site for commercial or business purposes without our express, written, prior permission, including, without limitation, for advertising, marketing, or offering goods or services, whether or not for financial or any other form of compensation, or through linking with or artificially generating traffic to any other web site or web page. Use the Site in any way that would adversely affect KelTec or reflect negatively on KelTec or our goodwill, name or reputation.
KelTec reserves the right to monitor the Site for conduct in violation of this Agreement. However, KelTec specifically disclaims any obligation or responsibility to do so, and all responsibility or liability for its acts or omissions in doing so.
Contests, Sweepstakes, Auctions and Other Promotions
From time to time, KelTec may conduct promotions on or through the Site, including without limitation, contests, sweepstakes, auctions and other promotions (“Promotions”). Each Promotion may have additional terms and/or rules of participation (“Rules”), which will be posted or otherwise made available to you. The Rules for each Promotion in which you participate will be deemed incorporated into and form a part of this Agreement. It is your responsibility to read the Rules to determine whether or not your participation, registration, or entry will be valid or restricted, and to determine your participation requirements.
Links to Third-Party Sites
Third-party advertisers (“Advertisers”) may offer goods, services and other materials to you on the Site. Your dealings with advertisers found on or through the Site are solely between you and the advertiser. Descriptions of, or references to, products or publications within the Site do not imply endorsement of the product or publication. KelTec will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such goods, services and other materials on the Site. Please review carefully all policies and practices before you engage in any business dealings with any third party. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
You agree to defend, indemnify and hold KelTec its employees, directors, officers, and/or agents harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to your breach of this Agreement or the use of the Site or any materials, products or services available at this Site, by you or someone acting under your contro.
If you have registered with this Site, you may terminate your Account at any time and for any reason. We may also terminate your Account or use of the Site at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in KelTec’s sole discretion you fail to comply with any term or provision of this Agreement. We also reserve the right to use any technological, legal, operational, or other means available to enforce the terms of this Agreement, including without limitation, blocking specific IP addresses or access to this Site using your e-mail address, User ID or password. KelTec may discontinue this Site at any time without prior notice to you or any Users.
Disclaimer and Limitation of Liability
This Site is provided by KelTec on an “as-is” basis. KelTec makes no representations or warranties of any kind, express or implied, as to the operation of this Site or the information, Site Content, materials, or products included on this Site. To the fullest extent permissible by applicable law, KelTec disclaims all warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose regarding this Site.
To the fullest extent permissible by applicable law, KelTec also disclaims any and all warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose for any merchandise offered on this Site. This disclaimer does not apply to any product warranty offered by the manufacturer of any item sold on this Site.
Under no circumstances, shall KelTec or any of its employees, directors, officers, agents, vendors or suppliers be liable for any direct or indirect losses or damages of any kind arising from the use of this Site, including, but not limited to, direct, indirect, incidental, punitive, and/or consequential damages arising out of, or in connection with, the use of, or inability to use, this Site. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract, negligence or other tortious action, even if an authorized representative of KelTec has been advised of or should have known of the possibility of such damages.
If you are dissatisfied with this Site or any Site Content, or with the KelTec terms and conditions as set forth in this Agreement, your sole and exclusive remedy is to discontinue using this Site. You acknowledge, by your use of this Site, that your use of this Site is at your own sole risk. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of KelTec under such circumstances for liabilities that would otherwise have been limited shall not exceed one hundred dollars ($100).
Modifications of This Agreement
We reserve the right, at any time and for any reason in our sole discretion, to change, modify, amend and/or update the terms of this Agreement. Whenever a change is made the new Agreement will be posted on the Site, and will specify its effective date. Therefore, you should review this Agreement before using the Site. Your use of the Site after the new terms are posted will signify your agreement to be bound by the new terms.
Governing law and jurisdiction
This Site is located in the United States, and this Agreement and the interpretation of this Agreement will be governed by and construed under the laws of the United States and the State of Florida, without regard to conflict of law principles. You agree and submit to the exclusive and mandatory jurisdiction and venue of the State and Federal Courts for Brevard County, Florida and expressly waive any objections to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens, or otherwise.
KelTec may deliver notice to you by means of e-mail, a general notice on this Site, or by other reliable method to the address you have provided to KelTec through this Site or when placing an order.
The illegality or unenforceability of any provision of this Agreement shall not affect the validity and enforceability of any legal and enforceable provisions of this Agreement.
This Agreement cannot be changed or terminated orally. Any failure of KelTec to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. No waiver by KelTec of any provision of this Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of KelTec.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, then the provision will be deemed severable from the Agreement and will not affect the validity and enforceability of any remaining provisions.
The section titles in this Agreement are inserted only as a matter of convenience and have no legal or contractual effect.
You agree that the terms of this Agreement will not be construed against KelTec by virtue of us having drafted them.
Neither the course of conduct between the parties nor trade practice shall act to modify the terms of this Agreement.
KelTec reserves the right to deny access to all or part of the Site to you or any person in its sole discretion without notice or liability of any kind. Any violation of this Agreement may be referred to law enforcement authorities.
KelTec may assign its rights and duties under this Agreement to any party at any time without notice to you.
This Agreement, together with any Rules, constitutes the entire understanding and agreement between you and KelTec and supersedes any and all prior or inconsistent understandings relating to the Site and your use of the Site and services provided by the Site.