Terms of Service
LAST UPDATED: AUGUST 27, 2019
WELCOME TO THE TERMS OF SERVICE (THE "TERMS OF SERVICE") FOR MUZZLE-LOADERS.COM ("SITE" OR "MUZZLE-LOADERS.COM"), WHICH IS OWNED AND OPERATED BY GEMMER & CLEMENS, INC ("MUZZLE-LOADERS.COM", "WE", "US", OR "OUR"). FOR PURPOSES OF THESE TERMS OF SERVICE, "YOU" AND "YOUR" OR "USER" MEANS YOU AS THE USER OF THE SITE.
THE TERMS OF SERVICE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND GEMMER & CLEMENS, INC AND GOVERN ANY AND ALL USE OF THE SITE BY ANY AND ALL USERS OF THE SITE AND ANY SERVICES OFFERED THEREFROM. BY USING THIS SITE, YOU HEREBY AGREE TO BE BOUND BY THE TERMS OF SERVICE.
THESE TERMS OF SERVICE ALSO INCLUDE THE ORDER TERMS AND CONDITIONS SET FORTH BELOW, WHICH ARE INCORPORATED BY REFERENCE INTO AND FORM A PART OF THESE TERMS OF SERVICE.
IF YOU HAVE A SEPARATE AGREEMENT WITH GEMMER & CLEMENS, INC, THE TERMS OF THAT SEPARATE AGREEMENT SHALL GOVERN TO THE EXTENT THEY ARE INCONSISTENT WITH OR OTHERWISE CONFLICT WITH ANY OF THE TERMS OF SERVICE.
THE SITE AND ITS SERVICES ARE INTENDED SOLELY FOR PERSONS WHO ARE 18 YEARS OF AGE OR OLDER. ANY ACCESS TO OR USE OF THE SITE OR ITS SERVICE BY ANYONE UNDER 18 YEARS OF AGE IS EXPRESSLY PROHIBITED. BY ACCESSING OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OLD OR OLDER.
To use certain portions of the Site, including to place orders, you will need to create an account ("Account"). You agree to provide us with accurate, complete and updated information for your Account. You are solely responsible for protecting the confidentiality of your password for your Account and may not disclose your password to any other person.
In the event that an unauthorized user gains access to the password-protected area of the Site as a result of your acts or omissions, you agree that you shall be liable for any such unauthorized use.
You agree that all content included on this Site, including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, "Content") are intellectual property and copyrighted works of Muzzle-loaders.com, its licensees, and/or various third-party providers ("Providers"). Except where expressly provided otherwise by us, nothing made available to users via the Site may be construed to confer any license or ownership right in or materials published or otherwise made available through the Site or its services, whether by estoppel, implication, or otherwise. All rights not granted to you in the Terms of Service are expressly reserved by us.
Reproductions or storage of Content retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.
Corporate Identification and Trademarks
"Muzzle-loaders.com" and any and all other marks appearing on this Site are trademarks of Muzzle-loaders.com in the United States and other jurisdictions ("Trademarks"). You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without Muzzle-loaders.com’s prior written consent. The use of Trademarks on any other website or network computer environment is prohibited. Muzzle-loaders.com prohibits the use of Trademarks as a "hot" link on, or to, any other website unless establishment of such a link is pre-approved by Muzzle-loaders.com in writing.
You are solely responsible for the content and context of any materials you post or submit through the Site. You warrant and agree that while using the Site, you shall not upload, post, transmit, distribute or otherwise publish through the Site any materials which: (a) are unlawful, threatening, harassing or profane; (b) restrict or inhibit any other user from using or enjoying the Site; (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (d) contain a virus or other harmful component or false or misleading indications or origin or statements of fact.
You may only use this Site to make legitimate requests to purchase the products or services offered via the Site (each, a "Request"). It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users may be prosecuted to the fullest extent of the law.
You agree that you shall not use this Site to make any misleading, slanderous, illegal, speculative, false or fraudulent Requests. You may not use robots or other automated means to access or crawl this Site or any data on information on the Site, unless specifically permitted by Muzzle-loaders.com. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site.
Permission is granted to electronically copy and print in hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without Muzzle-loaders.com’s prior written consent is prohibited.
In addition to the foregoing and in consideration of being allowed to use the Site, you agree that the following actions shall constitute a material breach of the Terms of Service:
We expressly reserve the right, in our sole discretion, to terminate a user's access to any or all areas of the Site due to any act that would constitute a violation of these Terms of Service.
Linking to the Site
Creating or maintaining any link from another website to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any material or content displayed on this Site in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Site must comply will all applicable laws, rule and regulations.
User Generated Content
If you believe in good faith that materials appearing on this Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. A conforming notice must contain the following: (a) your name, address, telephone number, and email address (if any); (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to locate the material; (c) statement that you, the complaining party, has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (d) a statement under penalty of perjury that the information in the notification is accurate and that you are (or are authorized to act on behalf of) the owner of an exclusive right that is allegedly infringed; and (e) your physical or electronic signature as the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. You can find more information is the U.S. Copyright Office website, currently located at http://www.loc.gov/copyright. In accordance with the DMCA, Muzzle-loaders.com has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA:
E-mail Address: firstname.lastname@example.org
User Comments, Feedback and Other Submissions
All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, "Comments"), shall become and remain the exclusive property of Muzzle-loaders.com. The Comments may be used by a Covered Party in any medium and for any purpose worldwide, without obtaining your specific consent and you relinquish all rights to such Comments. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.
Links to Third Party Websites
From time to time, this Site may contain links to websites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Site. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this website, you do so entirely at your own risk.
DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. MUZZLE-LOADERS.COM DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MUZZLE-LOADERS.COM INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AFFILIATES (COLLECTIVELY, THE "COVERED PARTIES") - BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. UNDER NO CIRCUMSTANCES SHALL THE COVERED PARTIES BE LIABLE TO YOU OR ANY OTHER CUSTOMER FOR SAID CUSTOMER'S LOSS OF BUSINESS, LOSS OF PROFITS, POSTAGE OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES SUFFERED BY SUCH CUSTOMER AS A RESULT OF OUR ERROR, MISTAKE, OR FAILURE TO PERFORM SERVICES.
IN NO EVENT SHALL THE COVERED PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED THE AMOUNT PAID BY YOU TO MUZZLE-LOADERS.COM FOR THE REQUEST.
You agree to defend, indemnify and hold harmless the Covered Parties (as defined above) from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to (A) your use of the Site, (B) your breach of the Terms Of Service, (C) your dispute with another user, (D) the unauthorized access to any password-protected area of the Site using your password, and (E) any image or content being reproduced as part of your order. If using the Site on behalf of a Third Party (as described below), you agree to defend, indemnify and hold harmless the Covered Parties as described on behalf of yourself and any Third Party.
If you use this Site to submit Requests for or on behalf of a third party ("Third Party"), then you represent and warrant that you are authorized by such Third Party to submit Requests or otherwise use the Site on its behalf. You agree that you are responsible for any error in the accuracy of information provided in connection with such use as well as for any Request submitted, including related fees, charges and performance obligations. In addition, you must inform the Third Party of all Terms of Service applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto.
Muzzle-loaders.com reserves the right to terminate your Account and access to the Site and its services at any time. Termination by Muzzle-loaders.com may include removal of access to the Service, deletion of your password, deletion of all related information and files, may include the deletion of content associated with your Account (or any part thereof), and other steps intended to bar your further use of the Site and its services. If you become dissatisfied with the Site, your sole and exclusive remedy is to immediately discontinue use of the Site.
Amendments to Terms of Service
Muzzle-loaders.com reserves the right, at our sole discretion, to change, modify or otherwise alter the Terms of Service at any time. You agree that we may modify the Terms of Service and such modifications shall be effective immediately upon posting to the Site. You agree to review these terms and conditions periodically to be aware of modifications. Continued access or use of the Site following such posting shall be deemed conclusive evidence of your acceptance of the modified Terms of Service except and to the extent prohibited by applicable state or federal law.
Changes to the Site
We reserve the right, for any reason, in our sole discretion, to terminate, suspend or change any aspect of the Site including but not limited to content, prices, features or hours of availability. We may impose limits on certain features of the Site or restrict your access to any part or all of the Site without notice or penalty. You agree that Muzzle-loaders.com will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of the Site.
The captions in these Terms of Service are only for convenience and do not, in any way, limit in part or whole, or otherwise define the terms and provisions of these Terms of Service. None of the Covered Parties are responsible for any errors or delays in responding to a Request caused by an incorrect email address provided by you or other technical problems beyond their control. If any provision of the Terms of Service is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision shall be enforced to the maximum extent possible so as to uphold the intent of the Terms of Service, and the remainder of the Terms of Service shall continue in full force and effect. The failure by either you or Muzzle-loaders.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site or the Terms of Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. All provisions in the Terms of Service regarding representations and warranties, indemnification, disclaimers, and limitation of liability shall survive the termination of the Terms of Service.
Governing Law & Exclusive Venue for Disputes
The internal laws of the State of Oregon shall govern the performance of these Terms of Service, without regard to such state's conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the state and federal courts located in the County of Union in the State of Oregon for all disputes arising out of, or relating to, the Terms of Service and use of this Site or its services.
You agree that a breach of these Terms of Service will cause irreparable injury to Muzzle-loaders.com for which monetary damages would not be an adequate remedy and Muzzle-loaders.com shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
Notice for Users in California Only. This notice is for users of the Site residing in the State of California. Please be advised that the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210.
Except as explicitly stated otherwise, any notices shall be given by email to Muzzle-loaders.com at email@example.com or to you at the email address you provide to Muzzle-loaders.com. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.
Our postal address is:
ORDER TERMS AND CONDITIONS
Certain products available on this Site are fulfilled by one of our related websites. In such cases, we will specify that your order of such products are subject to the order terms and conditions for that website.
All prices and amounts shown on this Site are in U.S. Dollars (USD), unless otherwise noted. All prices set forth on the Site and stated herein are based on current costs and subject to change without notice and payment amounts and other terms may be subject to additional agreements between User and Muzzle-loaders.com.
If a User submits an order on the Site to purchase products, mailing services or other services, the User agrees that all charges, taxes and shipping/handling fees will automatically be charged to the credit card or paid by User with an approved payment method.
Delivery of all items ordered hereunder is subject to the terms outlined below in the "Shipping Turnaround Time" section, and will not begin until an order is fully paid, including shipping and handling fees, if applicable except where Muzzle-loaders.com has explicitly agreed to specific delayed payment terms (e.g. Net 30) with the User prior to placing an order. Users who have delayed payment agreements with Muzzle-loaders.com are required to provide payment in accordance with the terms of their applicable payment agreement(s).
Return & Refund Policy
At Muzzle-Loaders.com, we strive to provide our Users with the best possible shopping experience. If you are not 100% satisfied with your order for any reason, please contact our customer service department.
All policies are subject to change without prior notification. Defective product refunds shall not exceed the amount paid by the User or $1,000.00 (whichever is less). Determination of defect is at the sole discretion of Muzzle-loaders.com. In most cases, Users will be requested to submit digital photos documenting the product defect and/or ship the defective products back to customer service.
Our Sales Tax Policy
Muzzle-Loaders.com charges sales tax on orders shipped to addresses in accordance with state and local regulations unless you are tax exempt. If you are tax exempt, you need to send or fax to us your tax exemption certificate.
If, after the User has paid the invoice, it is determined that more tax is due, then the User must promptly remit the required taxes to the taxing authority or immediately reimburse the provider for any additional taxes paid.
An order may not be canceled once it has been sent to our shipping department. If the order is still in the picking stage, it may be canceled subject to the following fees, when applicable:
No Liability for Errors
Muzzle-loaders.com is not liable for errors in a final product caused by any of the following reasons:
User is responsible for reviewing their cart and correcting any issues prior to placing the order.
Promotional and Referral Codes
Muzzle-Loaders.com may offer certain promotional codes, referral codes or similar promotional coupons ("Promotional Codes") that may be redeemed for discounts, or other features or benefits related to the Site, subject to any additional terms that Muzzle-loaders.com establishes. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by Muzzle-loaders.com; (d) may be disabled or have additional conditions applied to them by Muzzle-loaders.com at any time for any reason without liability to Muzzle-loaders.com; (e) may only be used pursuant to the specific terms that Muzzle-loaders.com establishes for such Promotional Code; (f) are not valid for cash or other credits or points offered via the Site; and (g) may expire prior to your use.
Unless you choose Pick Up, you need to select one of the shipping methods presented to you on the Site. All shipping may be done using FedEx, UPS or other freight carriers. Muzzle-loaders.com reserves the right to use the most appropriate carrier for the required transit time and destination. When choosing a shipping method, please remember that the estimated shipping transit time is based on the number of business days in transit and does not include weekends, holidays or the day the package is picked up by the carrier. For instance, a product shipped Two Day service and picked up on a Thursday would be delivered by end of day Monday.
Muzzle-loaders.com's responsibility is limited to preparing your order and turning it over to the carrier for shipping. Shipping transit times vary and Muzzle-loaders.com assumes no responsibility for delays caused by shipping carriers, weather or any damages resulting from the failure to receive a job on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc.
Muzzle-loaders.com is not liable for damages that occur during shipping. Pick up orders will be kept for 30 days from the send date of the pick-up notification email. If the order has not been picked up from Muzzle-loaders.com's facility within 30 days, it will be recycled. Muzzle-loaders.com reserves the right to modify the shipping option selected by you and retain any related difference in charges between shipping options.
All complaints must be registered within 24 hours of receipt of your order. If we determine that your order contains manufacturing errors and/or defects, we will replace your items at no charge.