Terms & Conditions

TERMS AND CONDITIONS

Please read these Black Hawk Armory User Terms of Use and the hyperlinked policies referred to herein (collectively the “Terms of Use”) carefully before using the Black Hawk Armory, LLC (“Black Hawk Armory”) website and subdomains (collectively, the Black Hawk Armory Site, and other services offered by Black Hawk Armory. This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.
 

These Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
 

These Terms of Use apply to all users of the Black Hawk Armory Site, including without limitation users who are Buyers (as defined below), Dealers (as defined below), contributors of content, information and other materials or services on the site (each a “User” and collectively “Users”). By acknowledging your assent to these Terms of Use or by placing an order for products or services from the Black Hawk Armory Site, you affirm that you are of legal age to enter into this agreement, and you accept and are legally bound by these Terms of Use. If you are a Dealer, you are also subject to the Black Hawk Armory Dealer Terms of Use, which are available to Dealers at the Dealer Portal. 
 

You may not use the Black Hawk Armory Site if you (a) do not agree to and comply with these Terms of Use, or (b) are prohibited from accessing or using the Black Hawk Armory Site or any of the Black Hawk Armory Site’s contents, goods or services by applicable Law (as defined below).
 

We reserve the right to modify or terminate these Terms of Use, or modify the services we provide, at any time.
  

1. Black Hawk Armory Online Marketplace.  

Black Hawk Armory has developed and operates an online marketplace at the www.blchawkarmory.com Site for the sale of Guns (as defined below), ammunition, optics, magazines and certain other products and accessories (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 a network of authorized FFL Dealers (as defined below) who are licensed to transfer Guns and have agreed with Black Hawk Armory, among other things, to list and make their inventory available for sale through the Black Hawk Armory Site. Each such FFL Dealer who participates as a member of the Black Hawk Armory network of authorized dealers is referred to in these Terms of Use as a “Dealer”. Each Dealers’ participation in the network of dealers authorized by Black Hawk Armory is subject to the terms and conditions of Black Hawk Armory’s Network Dealer 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”) (which FFL Dealer may or may not be a member of the Black Hawk Armory authorized network of Dealers), and the transfer must be affected in accordance with all applicable Laws.  The term “Buyer” as used herein means any natural person who both accesses and uses the Black Hawk Armory Site and is a potential or actual purchaser of a Product from the Black Hawk Armory Site.  The term “Gun” means a firearm as defined in 18 United States Code Section 921(a).
 

• Purchase and Sale of Products Generally. 

• You agree that any order you place on the Black Hawk Armory Site is an offer to buy all Products listed in your order, subject to these Terms of Use. All orders are subject to acceptance by Black Hawk Armory and Black Hawk Armory is under no obligation to accept any order or otherwise sell the Products to you. Black Hawk Armory may choose, at its sole discretion, not to accept orders, even after we send you a confirmation email 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 PURCHASER IN ACCORDANCE WITH APPLICABLE LAW AND ALL APPLICABLE REQUIREMENTS OF THESE TERMS OF USE HAVE BEEN SATISFIED. If the FFL Dealer is unable to transfer a Gun to a Buyer in accordance with applicable Law, see Section 5(i) below.
   

 

1. Black Hawk Armory will use commercially reasonable efforts to verify the availability of requested Products in a timely manner. Black Hawk Armory tries to maintain an accurate listing of inventory available but is ultimately dependent upon its network of suppliers to provide accurate inventory availability information. If a Buyer places an order for a firearm(s) and other accessory items, the accessories will be put in a hold status until availability of the firearm is confirmed. If for any reason the firearm is unavailable and the purchase cannot be completed, the entire order, including accessories and non-firearm 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. For offers on used Guns, Buyers may have the opportunity to submit offers directly to certain listing Dealers via the Black Hawk Armory Site.  Offers on used Guns constitute a direct negotiation between a Buyer, on one hand, and Black Hawk Armory or the listing Dealer, on the other hand.    Once a Buyer makes an offer on a used Gun, Black Hawk Armory or the Dealer, as applicable, may accept, decline, or counteroffer within 24 hours.  After 24 hours, the offer will be automatically declined as an expired offer. If Black Hawk Armory or a Dealer makes a counteroffer, the Buyer has a new 24 hours to accept or decline that counteroffer.  After 24 hours, the counteroffer will be automatically declined as an expired counteroffer.  There are no further opportunities for a counteroffer by the Buyer after the initial counteroffer made by Black Hawk Armory  or the Dealer.  A Buyer will be blocked for 30 days from making any further offers on a specific used Gun after being declined by the Dealer for the second time. Black Hawk Armory will inform the Buyer once an offer or counteroffer on a used Gun is accepted.  The item will be automatically put into the Buyer’s shopping cart on the Black Hawk Armory Site and the Buyer will have 24 hours to check out at the agreed price or the transaction will be voided. An order is not complete until the Buyer completes the checkout process on the Black Hawk Armory Site and the other requirements for sale set forth herein have been satisfied. If there are multiple Buyers and/or offers, the Buyer who first successfully completes the entire checkout process will be the rightful orderer of the used Gun. 
2. Buyers are responsible for reading the complete Product description prior to placing an order, especially in regards to the condition of used Guns. Black Hawk Armory attempts to ensure Product descriptions and prices are as accurate as possible. However, it is the Dealer’s responsibility to provide accurate descriptions, specifications, pricing, images, and inventory status for all Dealer’s used Products listed on the Black Hawk Armory Site, and Black Hawk Armory does not warrant that any Product description or other content is accurate, complete, reliable, current or error free. Black Hawk Armory reminds the Buyer to verify all Guns before leaving the Dealer and in the case of a situation where a customer chooses not to take delivery of the Gun because of an error in the description on the Black Hawk Armory Site, Black Hawk Armory will use its best efforts to remedy any mistakes.

3. Not all Products are available in all areas due to federal, state, or local Laws. Black Hawk Armory 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 don’t rely on the photos alone.

4. A Buyer must pick up any Gun he or she orders through the Black Hawk Armory Site from the 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 Black Hawk Armory and the Buyer will be charged certain restocking and shipping fees.   

5. Your purchase and receipt of all Products is subject to compliance with all federal, state and local laws, statutes, ordinances, rules and regulations (“Laws”). By proceeding with the purchase of any Products offered on the Black Hawk Armory Site, the Buyer certifies: (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. 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.

6. You are solely responsible for your any activity on your account for keeping your password secure.

 

• Prices and Payment Terms

• All prices on the Black Hawk Armory Site are quoted in US currency. All prices, discounts, and promotions posted on the Black Hawk Armory 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 email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in the shopping cart and in the order confirmation email. 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.

• From time to time, we may offer promotions on the Black Hawk Armory Site 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.

• 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 on the Black Hawk Armory Site. 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 on the Black Hawk Armory Site at the time of the order.

• 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.

 

• Shipments; Delivery.

• You represent and warrant to Black Hawk Armory that all Products you order through the Black Hawk Armory Site may be shipped, delivered, sold and transferred to you and possessed by you in the jurisdiction you specify for delivery in accordance with all Laws.  You are responsible for complying with all applicable Laws, including all local laws, ordinances, rules and regulations. 

• Black Hawk Armory will arrange for shipment of ordered Guns to a Dealer near you, or if you prefer, another FFL Dealer in your area as you direct. A transferring FFL Dealer that is not a Black Hawk Armory authorized Dealer must provide Black Hawk Armory evidence reasonably satisfactory to Black Hawk Armory that it is a validly licensed FFL Dealer.  Please check the individual product page for specific delivery options. Buyer will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of the order.

• Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

• Black Hawk Armory 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 firearm get shipped to a jurisdiction in which the firearm is prohibited by Law, the transaction will be canceled and will require the firearm to be returned to Black Hawk Armory in accordance with Section 6 below.

• Bulk orders may be charged an added fee based on the shipping policy in place at the time of order.

• Black Hawk Armory does not ship to PO Boxes, APO/FPO addresses.
   

• 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 firearms processing fee or tax.

 

• Package Protection.

1. To provide greater safety, security and assurance for our customers Black Hawk Armory automatically includes Package Protection at a flat rate as part of its shipping and delivery services for all Products ordered from the Black Hawk Armory Site. Package Protection is available on orders up to $5,000.00. Package Protection is included automatically at checkout, but Customers may opt out of using Black Hawk Armory Package Protection by un-checking the Package Protection box at checkout.
2. With Black Hawk Armory Package Protection, if the customer submits a claim for a lost, stolen or damaged package, and Black Hawk Armory confirms that the package was lost, stolen or damaged during shipping, Black Hawk Armory will, at their sole discretion, either provide replacement product(s) that is the same as the covered item(s), or the purchase price of the Product shall be refunded in full.  The amount refunded will only include the purchase price of the item, plus applicable shipping, taxes, and fees.  The amount refunded will not include the price charged for the Package Protection coverage itself. If a Product is delivered that was damaged in transit, the customer must notify Black Hawk Armory within 24 hours of delivery, and Black Hawk Armory, at its sole discretion, may or may not require photographic evidence of the damaged Product in order to determine refund eligibility, and may require the Product be returned to Black Hawk Armory in accordance with Section 6 below.

 

• Returns and Refunds.

• Return of Guns.

1. You should carefully inspect all Guns before leaving the FFL Dealer, as the Black Hawk Armory Return and Refunds Policy only covers malfunctioning Guns as described below. All sales are final once you leave the FFL Dealer with your Gun, except as specifically provided below.
    
2. The Black Hawk Armory Returns and Refunds Policy is handled directly by Black Hawk Armory, not the Dealer.  If you have questions about this Policy, please contact Black Hawk Armory via the Black Hawk Armory Site. 
3. ____________ New Gun Return Policy:

1. All new gun sales are final. New Guns will be covered by any applicable manufacturer’s warranties. Black Hawk Armory may assist Buyers in contacting the manufacturer but does not assume any warranty responsibility. See Section 7 below regarding certain disclaimers. If a new Gun is purchased from Black Hawk Armory and has mechanical defects or otherwise does not function properly, the manufacturer’s warranty policy will apply, and Buyers must work directly with the manufacturer.

1. ____________ Non-certified Used Guns and FFL Dealer Return Policy:

1. Black Hawk Armory will accept the return of Non-Certified Used Guns and Guns purchased from an FFL Dealer in the Black Hawk Armory network with mechanical defects for a full refund, provided such return is made within 3 calendar days of physical transfer of any such Gun to Buyer, and provided such Gun has been used properly and is returned in its original condition. After 3 calendar days, all sales are final. This Returns and Refunds Policy is offered by Black Hawk Armory and Product returns are therefore sent directly to Black Hawk Armory.  Buyers should contact Black Hawk Armory directly within 3 calendar days of physical transfer for a return shipping label and RMA number (as defined below).

1. ____________ Certified Used Guns Return Policy:

1. Black Hawk Armory offers a ‘no questions asked’ return policy for Black Hawk Armory Certified Used Guns.  For a period of 3 calendar days after physical transfer of any such Gun to Buyer, Black Hawk Armory will accept a return of the Gun regardless of reason for a full refund, minus any fees, shipping costs and a 15% restocking fee, and provided such Gun has been used properly and is returned in the same condition as when transferred to the Buyer. This ‘no questions asked’ policy only applies to used Guns denoted as “Black Hawk Armory Certified.” Buyers should contact Black Hawk Armory directly within 3 calendar days of physical transfer for a return shipping label and RMA number. Black Hawk Armory will accept the return of Black Hawk Armory Certified Used Guns with mechanical defects for a full refund, provided such return is made within 7 calendar days of physical transfer of any such Gun to Buyer, and provided such Gun has been used properly and is returned in its original condition. After 7 calendar days, all sales are final.

1. Black Hawk Armory 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. This policy supersedes and applies regardless of Black Hawk Armory’s Returns and Refunds Policy and Black Hawk Armory’s Certified Used Guns return policy.
2. To return Guns, a Buyer must contact Black Hawk Armory to obtain a Return Merchandise Authorization (“RMA”) number. No returns of any type will be accepted by Black Hawk Armory without an RMA number.
3. Black Hawk Armory does not take title to, or accept risk of loss for, returned Guns until the Gun arrives back at the Black Hawk Armory facility.
4. 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 Black Hawk Armory fees and any shipping charges to the transferring FFL Dealer are not refundable.
5. The terms and conditions found in this Section 5, supersede all Dealer return, refund and warranty policies.
    

• No Returns of Ammunition, Optics, Magazines, Holsters, Knives, Hunting Gear, Range Gear and other Accessories.

• All sales of ammunition are final. Black Hawk Armory 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. Black Hawk Armory 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. Optics, magazines and other accessories may be covered by applicable manufacturer’s warranties. Black Hawk Armory may assist Buyers in contacting the manufacturer but does not assume any warranty responsibility.
   

• The terms and conditions found in this Section 5 supersede all Dealer return, refund and warranty policies.

1. Merchandise Returns.

 

1. Black Hawk Armory clothing and merchandise (not including Guns, ammunition, optics, magazines and certain other Products sold on the Black Hawk Armory Site) can be returned within 30 days of receipt. Black Hawk Armory provides free return shipping on Black Hawk Armory branded merchandise and on all clothing eligible for return. Returned clothing may not be washed or worn or have any damage.

 

• Disclaimers

• If used improperly, Guns can be dangerous. If you order a Gun through the Black Hawk Armory Site, 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.

• Black Hawk Armory does not manufacture any of the Products offered on the Black Hawk Armory Site. The availability of Products or services through the Black Hawk Armory Site does not indicate an affiliation with or endorsement of any Product, service, manufacturer or Dealer. Accordingly, Black Hawk Armory does not provide any warranties with respect to the Products or services offered on the Black Hawk Armory Site. However, some Products offered on the Black Hawk Armory Site are covered by the manufacturer’s warranty as detailed in the Product’s description on the Black Hawk Armory Site and included with the Product. To obtain warranty service for defective Products, please follow the instructions included in the manufacturer’s warranty.

• Black Hawk Armory assumes no, and Buyer hereby releases Black Hawk Armory 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 Black Hawk Armory’s direct and immediate control, or otherwise.

• You affirm that Black Hawk Armory 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.

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

• Black Hawk Armory MAKES NO WARRANTIES WITH RESPECT TO THE PRODUCTS OR THE Black Hawk Armory SITE, WHICH ARE PROVIDED “AS IS.”  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Black Hawk Armory DISCLAIMS ALL WARRANTIES RELATING TO THE PRODUCTS, THE Black Hawk Armory 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.

 

• Your Representations and Warranties to Black Hawk Armory.

 

1. You represent and warrant to Black Hawk Armory that: (i) you have the legal power and capacity to enter into these Terms of Use and perform all of your 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 you in accordance with their terms, (iii) you will not violate any Laws in connection with your use of the Black Hawk Armory Site or purchase of Products, and (iv) you will not interfere with or disrupt, or attempt to interfere with or disrupt, the Black Hawk Armory Site.
2. 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, (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. 
3. You represent and warrant that you are buying Products or services from the Black Hawk Armory Site 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 Black Hawk Armory 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.

 

• Term and Termination.

 

1. Term. When you accept these Terms of Use (whether by clicking “I Accept,” by participating as a User of the Black Hawk Armory Site or otherwise indicating your assent to these Terms of Use), you are subject to and will be bound by these Terms of Use until such time as your participation as a User of the Black Hawk Armory Site ends.
2. Termination. You may terminate your account with Black Hawk Armory at any time from your account settings.  Similarly, Black Hawk Armory may suspend or terminate your account and your access to the Black Hawk Armory Site any time and for any reason, without advance notice.  You do not have a contractual right to continue using the services offered through the Black Hawk Armory Site.
3. Survival. These Terms of Use will remain in effect even after your account is terminated or your use of the Black Hawk Armory Site ends.

 

• Privacy. 

Black Hawk Armory respects your privacy and is committed to protecting it. The Black Hawk Armory Privacy Policy, https://www.blckhawkarmory.com/privacy-policy, governs the processing of all personal data collected in connection with the use of the Black Hawk Armory Site.
 

• Intellectual Property.  

All intellectual property rights and other rights relating to the Black Hawk Armory Site and the trademarks and service marks of Black Hawk Armory (the “Black Hawk Armory Marks”) will at all times be the exclusive property of Black Hawk Armory or its licensors, and all use of such rights will accrue to the benefit of Black Hawk Armory User will not challenge Black Hawk Armory’s title to such intellectual property, including, without limitation, the Black Hawk Armory 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 Black Hawk Armory Marks, without the prior written consent of Black Hawk Armory User acknowledges and agrees that, as between Black Hawk Armory and User, Black Hawk Armory owns all Buyer information collected through the Black Hawk Armory 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 Black Hawk Armory or its licensors or to otherwise give User any proprietary rights to any of the intellectual property rights of Black Hawk Armory or its licensors.  User grants Black Hawk Armory an irrevocable, perpetual, worldwide, royalty-free right and license to use information or content User supplies to Black Hawk Armory

• Acceptable Use and Restrictions.  

You agree to protect the Black Hawk Armory Site and its proprietary content, information and other materials, from unauthorized access or use, and you agree that you will not use the Black Hawk Armory Site or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized in writing by Black Hawk Armory. You agree that: (a) you will not use the Black Hawk Armory Site if you are not fully able and legally competent to agree to these Terms of Use; (b) you will only use the Black Hawk Armory Site for lawful purposes and you will not use the Black Hawk Armory 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 Black Hawk Armory Site to send “spam”; (d) you will not use the Black Hawk Armory Site to cause nuisance, annoyance or inconvenience; (e) you will not impair the proper operation of the Black Hawk Armory Site network; (f) you will not try to harm the Black Hawk Armory Site in any way whatsoever; (g) you will not copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Black Hawk Armory Site, any updates, or any part thereof or content therein without written permission from Black Hawk Armory (h) Users who are not Dealers will only use the Black Hawk Armory 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 Black Hawk Armory Site in any unauthorized manner, including but not limited to by trespass or burdening network capacity, or use the Black Hawk Armory Site in any service bureau arrangement; (j) you will not attempt to obtain any information or content from the Black Hawk Armory 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 Black Hawk Armory 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 Black Hawk Armory 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 Black Hawk Armory Site; (ii) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer the App, Website, any updates to or portion of the Black Hawk Armory 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 Black Hawk Armory Site); (iii) use any means to discover the source code of the Black Hawk Armory Site and software or to discover the trade secrets in the Black Hawk Armory Site or software; or (iv) otherwise circumvent any functionality that controls access to or otherwise protects the Black Hawk Armory Site. Any attempt to do any of the foregoing is a violation of these Terms of Use and the rights of Black Hawk Armory and its licensors. If you breach these restrictions, you may be subject to prosecution and damages.
 

• Notice and Procedure for Making Claims of Copyright Infringement. 

• Black Hawk Armory respects the copyright of others, and we ask our Users to do the same. Black Hawk Armory may, in appropriate circumstances and at its discretion, disable and/or terminate the access of Users who may be repeat infringers. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Black Hawk Armory’s copyright agent the following information in writing using the contact information set forth below: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim is infringing and where such material is located on the site so that we may locate such work; (iv) your contact information, such as your email address, telephone number, and /or mailing address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

• If you believe that your content that has been removed from the Black Hawk Armory Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content on the Black Hawk Armory Site, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth below: (i) your physical or electronic signature; (ii) a description of the content that has been removed and the location at which the content appeared before it was removed; (iii) a statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and (iv) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court for the judicial district in which your permanent address is, or, if your permanent address is outside the United States, for any judicial district in which Black Hawk Armory is located and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Black Hawk Armory copyright agent, Black Hawk Armory may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days.  Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in Black Hawk Armory’s discretion) be reinstated on the Black Hawk Armory Site in 10 to 14 business days or more after receipt of the counter-notice.

• Black Hawk Armory’s agent for notice of claims of copyright infringement can be reached as follows: Black Hawk Armory, Attn.: Black Hawk Armory [Address] 2 Wisconsin Circle Suite 700, Chevy Chase, MD 20815. 

 

1. Indemnification.  

User will indemnify, defend, and hold Black Hawk Armory 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.
 

• Limitations of Liability.

1. Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL Black Hawk Armory BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, HOWSOEVER ARISING IN CONNECTION WITH THESE TERMS OF USE, THE PRODUCTS, OR THE USE, OR INABILITY TO USE, THE Black Hawk Armory SITE, EVEN IF Black Hawk Armory HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
2. Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLACK HAWK ARMORY’S AGGREGATE CUMULATIVE LIABILITY FOR DAMAGES ARISING IN CONNECTION WITH THE PRODUCTS, THESE TERMS OF USE OR THE Black Hawk Armory 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 BLACK HAWK ARMORY IN RESPECT OF THE PARTICULAR PRODUCT IN CONNECTION WITH WHICH THE CLAIM ARISES.
3. The foregoing exclusions and limitations shall apply regardless of whether any remedy fails of its essential purpose.

 

• Dispute Resolution and Binding Arbitration.

• YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

• ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS OF USE OR YOUR USE OF THE BLACK HAWK ARMORY SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

• The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the applicable AAA rules then in effect (the “AAA Rules”), except as modified by this Section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

• The place of arbitration will be Black Hawk Armory. The arbitration will be conducted by a single arbitrator chosen by you and Black Hawk Armory or, if you and Black Hawk Armory do not agree on the arbitrator, an arbitrator selected in accordance with the AAA Rules.  The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. Subject to the terms and conditions of these Terms of Use (including the exclusions, limitations and disclaimers set forth herein), the arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.  You and Black Hawk Armory shall bear equally all fees and costs of arbitration, including, without limitation, AAA fees and arbitrator fees. Each party shall be responsible for its own attorneys’ fees and expenses.

 

• Miscellaneous.

• Entire Agreement.  These Terms of Use constitute the entire arrangement and understanding between the parties and supersede all prior agreements, negotiations and discussions relating to the subject matter hereof, whether written or verbal (except that if you are a Dealer, the Dealer Terms of Use also apply). Each party acknowledges that in entering into and performing these Terms of Use it does not do so on the basis of, and does not rely on any statement or representation or warranty or understanding other than as expressly contained in these Terms of Use at the date hereof or subsequently included within these Terms of Use pursuant to Section 16(b).

• Amendments. Black Hawk Armory may amend these Terms of Use at any time and for any reason (including, without limitation, to comply with applicable Law) by posting the amended terms to the Black Hawk Armory Site. Our right to amend these Terms of Use includes the right to modify, add to, or remove terms in the Terms of Use. We will provide you advance notice by posting the amended terms. Additionally, we may notify you by email. Your continued access or use of the Black Hawk Armory Site constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the new or updated Terms of Use through an electronic click-through. Except as required by applicable Law, these Terms of Use may not otherwise be amended except through a written mutual agreement by you and Black Hawk Armory.  

• 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.

• 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 Black Hawk Armory will be in writing and will be deemed effectively delivered: (i) when posted to the Black Hawk Armory 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 Black Hawk Armory by you will be in writing and will be deemed effectively delivered: (i) when sent by email to Black Hawk Armory at Black Hawk Armory 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 Black Hawk Armory.  Either party may change its contact information by delivering written notice to the other party in the manner provided above.

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

• Links from the Black Hawk Armory Site. The Black Hawk Armory 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 Black Hawk Armory Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

• Objectionable Material.  You understand that by using the Black Hawk Armory 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 Black Hawk Armory Site.

• Force Majeure.  Black Hawk Armory 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.

• 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 Black Hawk Armory 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.

• 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 Black Hawk Armory, 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 and that is permitted to be brought outside of arbitration will be brought in the state or federal courts sitting in the State of Black Hawk Armory 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 Black Hawk Armory, 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.

• 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 Black Hawk Armory. 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.