PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
The following Terms and Conditions apply to the use of this website as well as all transactions conducted through the site.
Use Of Site
This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Trailside Firearms and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if Trailside Firearms believes that customer conduct violates applicable law or is harmful to the interests of Trailside Firearms and its subsidiaries.
Welcome to the Trailside Firearms (“Trailside Firearms,” “we” or “us”) website. The following terms and conditions (together with any documents referred to in them) (collectively, the “Terms of Use”) apply to your use of trailsidefirearms.com (the “website”), including any content, functionality and services offered on or through the website, whether as a guest or a registered user, or through mobile or desktop application versions of the website. Please read these Terms of Use carefully before using trailsidefirearms.com. By using trailsidefirearms.com, you signify your consent to these Terms of Use and our Privacy Policy, incorporated here by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must exit the website.
1. Order Acceptance and Cancellation
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled you will receive a prompt refund credit to your account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested. We make every effort to maintain the availability of our site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.
2. Payment Terms and Sales Tax
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order. We accept Visa, MasterCard, Discover & American Express for all purchases. You represent and warrant that:
1. The credit card information you supply to us is true, correct, and complete.
2. Charges incurred by you will be honored by your credit card company.
3. You will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
Purchase orders from businesses may be accepted upon approval of credit and payable on net 30-day payment based on invoice dates or such other terms as we may approve or require. All payments must be in United States dollars. Current billing address and phone number must be included with every order. You agree to pay interest on all past-due sums at the highest rate allowed by law. Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below.
3. Changes in Products and Pricing
We are constantly updating and revising our offerings of products, and we may discontinue products at any time without notice. To the extent that we provide information on availability of products, you should not rely on such information, and we will not be liable for any lack of availability of products that you may order through our site. All pricing for the products available on our site is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
4. Limitation of Warranties
By using our website, you understand and agree that all resources we provide are “as is” and “as available”. This means that we do not represent or warrant that:
1. the use of our resources will meet your needs or requirements.
2. the use of our resources will be uninterrupted, timely, secure or free from errors.
3. the information obtained by using our resources will be accurate or reliable, and
4. any defects in the operation or functionality of any resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
1. any content downloaded or otherwise obtained through the use of our resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content; AND
2. no information or advice, whether expressed, implied, oral or written, obtained by you from Trailside Firearms or through any resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement or in specific Trailside Firearms product warranties.
5. Disclaimer and Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Trailside Firearms will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
N ALL OTHER RESPECTS PRODUCTS AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS WILL MEET YOUR EXPECTATIONS. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. IN NO EVENT SHALL TRAILSIDE FIREARMS OR ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, DIRECTORS OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OF OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SITE. NO EMPLOYEE OR REPRESENTATIVE OF TRAILSIDE FIREARMS IS AUTHORIZED TO MODIFY THIS LIMITATION. OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AVAILABLE ON OUR SITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE.
6. Buyer Representations
Buyer hereby states that buyer is currently over the age of twenty-one (21), that no laws are being broken by any sales from seller to buyer, that buyer is not currently prevented under the law from owning firearms or ammunition, that buyer is not a fugitive from justice, that buyer is not an unlawful user or addicted to any controlled substances, buyer has not been adjudicated as a mental defective nor has been committed to any mental institution, buyer is not an illegal or unlawful alien, buyer has never been and is not expected to be dishonorably discharged from the Armed Forces, buyer has not renounced his/her U.S. Citizenship, buyer is not currently subject to a restraining order of any kind, and buyer has not and does not expect to be convicted in any court of a misdemeanor crime of domestic violence.
7. Release, Indemnification and Liability of Buyer
You agree to defend, indemnify and hold harmless Trailside Firearms, its officers, directors, employees or agents against all third-party claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable attorney’s fees, arising in connection with your use of the website or resulting from, or alleged to result from, your use of the website or your violation of these Terms of Use.
8. Force Majeure
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control.
9. Entire Agreement
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with the site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence. Failure of Trailside Firearms to require buyer’s performance of any obligations hereunder shall in no way affect its rights to require such performance at any time thereafter or alter its rights under the laws of the United States of America and the laws of the State of North Carolina.
12. Governing Law
This site is controlled by us from our office within the State of North Carolina, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of North Carolina, by accessing this site both of us agree that the statutes and laws of the State of North Carolina, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this site and the purchase of products available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the District Court of Henderson County, North Carolina. The prevailing party in any suit brought hereunder shall be entitled to recover its reasonable attorneys’ fees and costs.
Last modified: 8/11/2022