Terms and Conditions
Web Site Terms and Conditions of Use
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
- Permission is granted to temporarily download one copy of the materials (information or software) on Catalyst Arms LLC web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software or information contained on Catalyst Arms LLC web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Catalyst Arms LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- The materials on Catalyst Arms LLCweb site are provided “as is”. Catalyst Arms LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Catalyst Arms LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Catalyst Arms LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Catalyst Arms LLC Internet site, even if Catalyst Arms LLC or a Catalyst Arms LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Catalyst Arms LLC web site could include technical, typographical, or photographic errors. Catalyst Arms LLC does not warrant that any of the materials on its web site are accurate, complete, or current. Catalyst Arms LLC may make changes to the materials contained on its web site at any time without notice. Catalyst Arms LLC does not, however, make any commitment to update the materials.
Catalyst Arms LLC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Catalyst Arms LLC of the site. Use of any such linked web site is at the user’s own risk.
8. Governing Law
Any claim relating to Catalyst Arms LLC web site shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
The fine print:
Last Modified: 12/7/17
This Website is offered and available to users who are 18 years of age or the minimum age for owning a firearm in the jurisdiction where such users are located, if higher, who reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
Making all arrangements necessary for you to have access to the Website.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print [or download] one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
The Company name, slogans, and all related names, logos, product, and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and [our affiliates and service providers, and each of their and] our [respective] licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material [for any purpose/according to your account settings].
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Online Purchases and Other Terms and Conditions
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Website.
Send e-mails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website 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 this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the state of Oregon in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Waiver and Severability
Your Comments and Concerns
This website is operated by
Catalyst Arms, LLC
12690 SW Harlequin Drive
Beaverton, OR 97007
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: email@example.com
CATALYST ARMS, LLC. (“COMPANY,” “us,” “our,” or “we”) respects the privacy rights of the customers, visitors, and other users of www.catalystarms.com (the “Site”) and is committed to protecting those rights through its compliance with this policy. This policy is applicable only to the Site and not to any other websites you may be able to access from the Site.
This policy describes the types of information CATALYST ARMS, LLC. may collect from customers, visitors, and users of the Site (“User(s),” “you,” or “your”) or that you may provide when you visit the Site and CATALYST ARMS, LLC. practices for collecting, using, maintaining, protecting, and disclosing that information. Please read this policy carefully. By accessing or using the Site, you agree to this policy. CATALYST ARMS, LLC. may, in its sole discretion and without notice to you, amend this policy from time to time. It is your responsibility to periodically review this policy and familiarize yourself with any amendments hereto. Your continued use of the Site after CATALYST ARMS, LLC. amends or makes changes to this policy constitutes your acknowledgment and acceptance of the amended policy. If you do not agree with CATALYST ARMS, LLC. policies and practices, exit the Site now.
1. Information Catalyst arms, llc. Collects From You Directly.
The types of information CATALYST ARMS, LLC. collects directly from you may include:
Contact data such as name, postal address, email address, and telephone number;
Billing data such as credit card number and billing address;
Demographic data such as your date of birth and gender;
Unique identifiers such as your username and password;
Data regarding your interests and preferences; and
Any other information you choose to provide CATALYST ARMS, LLC.
2. Information CATALYST ARMS, LLC. Collects From You Automatically.
CATALYST ARMS, LLC. may also automatically collect information about you when you access or use the Site. This information may include:
Traffic data such as IP addresses, domain servers, computer type, web browser type, and operating system type;
Data about your visit to the Site such as pages viewed, activity conducted, and the time of your visit;
Demographic data such your location; and
Information about transactions such as product details and purchase date.
3. Methods of Automatic Collection.
4. Use of Collected Information.
We use your information, including your personal information, for the following business purposes:
Providing the information, products, and services you request from us;
Responding to inquires we receive from you or in connection with any transaction you initiate;
Providing notices about your account;
providing customer support;
analyzing, managing, and improving the Site;
conducting market research and analysis;
displaying content based upon your location and/or interests;
notifying you of special offers and other services that may be of interest to you;
complying with or enforcing applicable legal requirements, agreements, and polices;
For any other business purposes stated by you or CATALYST ARMS, LLC. at the time you provide the information; and
With your consent.
5. Disclosure of Collected Information.
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We do not sell your personal information to third parties. We may disclose your personal information to:
Our subsidiaries and affiliates;
Contractors, service providers, and other third parties we use to support our business;
a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of CATALYST ARMS, LLC. assets, including personal information held by CATALYST ARMS, LLC. about the Site’s users;
third parties to market their products or services to you if you have consented to the disclosure;
Comply with any court order, law, or legal process, including to respond to any government or regulatory requests;
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of CATALYST ARMS, LLC., its customers, or others.
6. Data Security.
We have implemented reasonable measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. However, the safety and security of your information also depends on you. You are responsible for keeping any password necessary for accessing the Site confidential. We ask that you not share any passwords or other Site access credentials with anyone. Further, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of information transmitted to the Site. You transmit personal information at your own risk. We are not responsible for circumvention of any privacy setting or security measures contained on the Site.
7. Linked Sites.
The Site may contain links to other websites, including social media sites which may have privacy policies that differ from our own. We are not responsible for the collection, use, or disclosure of information collected through third-party websites and expressly disclaim any liability related to such collection, use, or disclosure. Further, we are not responsible for any information or content contained on third-party websites. Links to other websites are provided solely as a convenience. Your browsing, use, and interaction on any other websites, including websites which link to the Site, is subject to each individual website’s rules and polices and is done at your own risk. Please review the policy posted on any website that you may access through, or which links to, the Site.
Catalyst Arms, LLC
12690 SW Harlequin Drive
Beaverton, OR 97007
TERMS OF SALE
READ THIS DOCUMENT CAREFULLY IT AFFECTS YOUR RIGHTS WITH RESPECT TO OUR PRODUCTS
Delivery and Shipment
Goods will be delivered within a reasonable time after the receipt of your purchase order and the clearance of your full payment. Delivery shall be made FOB at our fulfillment location. We are not liable for any delays, loss, or damage in transit. We will deliver the Goods using our standard methods for packaging and shipping unless otherwise specified. We may, in our sole discretion and without liability or penalty, make partial shipments of Goods. Title and risk of loss pass to you upon delivery of Goods for shipment.
Amendment and Modification
These Terms may only be amended or modified in a writing which specifically states that it amends these Terms and is signed by an authorized representative of each party.
Inspection of Goods
Buyer shall inspect the Goods within 10 days of receipt (the “Inspection Period”). Buyer will be deemed to have accepted the Goods unless Buyer notifies Seller in writing of any Nonconforming Goods within the Inspection Period and furnishes such written evidence and other documentation reasonably required by Seller. “Nonconforming Goods” means only the following: (i) product shipped is different than identified in Buyer's purchase order; or (ii) product's label or packaging incorrectly identifies its contents.
If Buyer timely notifies Seller of any Nonconforming Goods, Seller shall, in its sole discretion, (i) replace such Nonconforming Goods with conforming Goods, or (ii) credit or refund the Price for such Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. If Seller exercises its option to replace the Nonconforming Goods, it shall reimburse Buyer for the reasonable costs of returning the Nonconforming Goods to Seller’s designated facility.
BUYER ACKNOLWEDGES AND AGREES THAT THE REMEDIES SET FORTH IN THIS SECTION 3 ARE EXCLUSIVE REMEDIES FOR THE DELIVERY OF NONCONFORMING GOODS. Except as provided under Section 3, all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to Seller.
Limited Warranty Period
Seller warrants to Buyer that for a period of 1 year from the date of shipment of the Goods (the “Warranty Period”), such Goods will be free from material defects in material and workmanship (the “Limited Warranty”). Seller shall not be liable for a breach of the Limited Warranty if: (i) Buyer makes any further use of such Goods after giving such notice; (ii) the defect arises because Buyer failed to follow Seller's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods; or (iii) Buyer alters or repairs such Goods without the prior written consent of Seller.
Limitation of Remedies
THE REMEDIES SET FORTH IN THIS SECTION 4(b) SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY AND SELLER’S ENTIRE LIABILITY FOR THE BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 4(a). WITH RESPECT TO ANY GOODS IN BREACH OF THE LIMITED WARRANTY, SELLER SHALL, IN ITS SOLE DISCRETION, EITHER: (I) REPAIR OR REPLACE SUCH GOODS (OR THE DEFECTIVE PART); OR (II) CREDIT OR REFUND THE PURCHASE PRICE OF THE GOODS PROVIDED THAT, IF SELLER SO REQUESTS, BUYER SHALL, AT SELLER’S EXPENSE, RETURN SUCH GOODS TO SELLER.
DISCLAIMER OF WARRANTIES
EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 4(a), SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (I) WARRANTY OF MERCHANTABILITY; (II) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (III) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; AND (IV) ALL EXPRESS WARRANTIES, WHETHER VERBAL OR WRITTEN. SUCH DISCLAIMER APPLIES REGARDLESS OF WHETHER SUCH DISCLAIMED WARRANTIES ARE EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SELLER FURTHER DISCLAIMS THE LEGALITY OF POSSESSING, USING, OWNING, CONTROLLING, OR HAVING CUSTODY OF THE GOODS FOR ANY PURPOSE IN ANY JURISDICTION.
Buyer acknowledges that the Goods may include firearms or firearm accessories and that the use of firearms, whether or not in conjunction with the Goods, is a dangerous activity that can result in significant property damage, injury, and death. To the maximum extent permitted by law, BUYER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SELLER AGAINST ANY AND ALL THIRD-PARTY CLAIMS OF WHATEVER NATURE, INCLUDING FOR DIRECT, GENERAL, CONSEQUENTIAL, CONTRIBUTORY, INDIRECT, INCIDENTAL, SPECIAL, EXPEMPLARY, OR PUNITIVE DAMAGES RELATING TO OR ARISING FROM BUYER’S PURCHASE, POSSESSION, USE, DISTRIBUTION, OWNERSHIP, CUSTODY, OR CONTROL OF THE GOODS, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY LAW) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, AND REGARDLESS OF WHETHER SELLER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, CONTRIBUTORY, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY LAW) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL SELLER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY LAW) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO SELLER FOR THE GOODS SOLD HEREUNDER.
Compliance with Law
Buyer acknowledges that the Goods may include firearms or firearm accessories and that extensive government rules and regulations apply to such products. Buyer shall comply with all applicable laws, regulations, and ordinances. Buyer shall maintain in effect all the licenses, permissions, authorizations, consents, and permits that it needs to purchase, possess, or own the Goods or to carry out its obligations under this Agreement. Buyer shall comply with all export and import laws of all jurisdictions involved in the sale of the Goods under this Agreement or any resale of the Goods by Buyer. Buyer assumes all responsibility for shipments of Goods requiring any government clearance. Seller may terminate this Agreement if any governmental authority imposes regulatory, antidumping, or countervailing duties or any other penalties on the Goods.
No waiver by Seller of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Seller. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
The Seller shall not be liable or responsible to Buyer, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Seller including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, legal or regulator developments, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.
All matters arising out of or relating to this Agreement is governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule.
Venue; Submission to Jurisdiction
Any legal suit, action or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of Oregon in each case located in the City of Portland and County of Multnomah, Oregon.
All notices, requests, consents, claims, demands, waivers and other communications hereunder (each, a “Notice”) shall be in writing and addressed to Seller at:
Catalyst Support 12690 SW Harlequin Drive
Beaverton, OR 97007 208-891-2050 firstname.lastname@example.org
End of document.