Terms & Conditions

Please read this Terms of Service ("Terms," "Terms of Service") carefully before using the our website (the "Website") operated by Shotz Ammunition Company LLC, a North Dakota limited liability company ("us", "we", "our", or "Shotz") as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website and our products is conditional upon your acceptance of and compliance with these Terms, which acceptance is agreed to by use or the Website or purchase of our products. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.

Our offers and pricing

We offer goods on this Website. The price of these goods can be found listed on the Website. This price does not include taxes or other fees that you may be charged. The price of any goods on this Website is subject to change in our sole discretion. 

Purchases and Orders

You may be asked to supply certain information relevant to your purchase of product through the Website, including credit card number, the expiration date, your billing address and your shipping information. By submitting such information, you grant Shotz the right to provide such information to our third party-fulfillment service provider to facilitate the transaction. You agree to pay all charges that you incur on the Website at the prices in effect when incurred, including without limitations any shipping and handling charges and taxes. You represent and warrant that you have the legal right to use any credit cards used in connection with any transaction. When you make a purchase on the Website, you will be using a third party payment processor that will collect your payment information and process your payment. We are not responsible for the collection, use, sharing or security of your billing information by the payment processor. 

You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete. We expressly disclaim all liability associated with any wrongful purchase associated with your order or account. 

All products offered for sale are subject to availability and our acceptance of your order. After you place an order through the Website, we will send you an email acknowledging your order. This order acknowledgment means that your order has been received; it does not mean that your order has been accepted, shipped, or that the price of an item has been confirmed, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. Upon shipment of your order, we will send you an email. We may also require additional information prior to accepting or processing any order.

We reserve the right at any time to accept, decline or cancel any order or limit order quantity for any reason. There may be instances in which a product is out of stock or unavailable, in which case we will contact you for direction on whether you wish to select another order or cancel your existing order. We may revise, discontinue or modify products at any time without prior notice to you and products may become unavailable without notice. We shall have no liability of any kind if any product is not available.

Compliance with Laws

It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from our Website. By placing an order, you represent that the order is lawful and will be used in a lawful and appropriate manner. In addition, you acknowledge that any goods sold in the U.S. may be subject to the import or export laws of the country in which the goods are sold. Accordingly, you agree to abide by all applicable export laws and regulations, including but not limited to the Export Administration Act, the Arms Export Control Act, and the International Traffic in Arms Regulations, and you represent and warrant that you will not transfer such goods to a foreign national or a foreign destination in violation of law.

Cancellation policy

We offer cancellations on purchases made of the goods offered on our Website. We offer cancellations only prior to shipment. You may cancel your order by contacting us. You will not be charged a cancellation fee if you cancel your purchase in accordance with the instructions above. We will issue you a refund of the full purchase price that you paid if you cancel your purchase.

We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will not provide you with any notice prior to cancelling your purchase.

We will issue you a refund net of all restocking, reshelfing, and service charges.

Refund policy

We reserve the right to offer a refund in our sole discretion. To qualify for a refund, you must submit your request to us within 10 days of your purchase date by contacting us. Please note that we generally do not offer refunds except for extraordinary circumstances. To qualify for a refund, the purchase must be unopened, unused, in the same condition that it was sold, in the original packaging, and not modified in any way, shape, or form. 

You are required to ship your purchased goods back to us to receive a refund. We will not be able to issue you a refund if you do not ship the goods back to us. You will be responsible for paying all shipping and handling costs on any purchases that you are requesting a refund on. After you have received confirmation that we will issue a refund (which will be in our sole discretion), please contact us directly to discuss shipment of the purchased item(s) to us.

Shipping policy

When you purchase our goods, either we or a third party will ship these goods to you. If a third party is used for shipping, the shipping will be governed by that third party’s Terms of Service and other applicable policies in addition to our policies specified herein. Please contact us to gain access to the third party’s identity and policies.

When you purchase our goods, the cost of the shipping will be calculated and presented to you during the checkout process.

Given the nature of the shipment of goods, we cannot guaranty that products, goods, or purchases will be shipped within a specified time. We will not be liable for any loss or expense which you may incur as a result of any delay in the delivery of your order. When ordering more than one item, please note your items may come in different shipments. We assume no liability for damaged, lost or stolen shipments. It is your responsibility to ensure parcels can be delivered free from theft or exposure to rain, snow, excessive humidity or temperature extreme. Claims for incorrect or missed shipments must be made to us within 10 days of order acknowledgment/shipment or are deemed waived.

Advance payments

We may ask you to provide an advance payment on any purchase made of the goods offered on our Website. An advance payment is a payment of the total purchase price that will help pay for our actual expenses while providing the goods.

NO WARRANTY ON PURCHASES

THE ITEMS, GOODS, OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO ANY ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, CONTRACT, USAGE OF TRADE, OR OTHERWISE, WITHOUT EXCEPTION.

Remedies

You agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be replacement. You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “Governing Law, Severability, Dispute Resolution, Venue and Class Action Waiver” section below. These remedies intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.

Accounts

When you create an account on our Website, you guarantee that you are 21 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website in addition to any other remedies available in equity, at law, or via contract.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to terminate your account anytime at our sole discretion. 

Comments and uploading content

By conducting or submitting a comment, review, article, interview, recorded call, or uploading content onto this Website (collectively, "Content"), you grant us and our affiliates and subsidiaries a worldwide, non-exclusive, perpetual, royalty-free license to reproduce, publish and distribute the Content in whatever manner we deem acceptable. When you upload or make Content available on this Website, you agree that such Content may be viewed by other parties and it is your responsibility to ensure that the Content does not contain any confidential, proprietary, disparaging, or infringing information. You are also responsible for ensuring that your Content does not violate any laws, rules or regulations. We reserve the right to remove any Content at any time in our sole discretion.

Prohibited uses

You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you, your representatives, and those permitted to access the Website or your account on your behalf will not perform any of the following non-exhaustive prohibited uses:

1. Impersonating or attempting to impersonate Shotz or its employees, representatives, subsidiaries, affiliates, owners, representatives, or divisions;

2. Misrepresenting your identity or affiliation with any person or entity;

3. Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;

4. Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;

5. Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;

6. Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;

7. Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;

8. Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;

9. Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;

10. Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;

11. Otherwise attempting to interfere with the proper working of the Website;

12. Make any commercial use of the Website or its contents, product listings, descriptions, or prices; 

13. Download or copy any content or product information for the benefit of any third party or use any data mining, robots, or similar data gathering and extraction tools;

14. Use the Website for an unlawful purposes;

15. Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.

NO WARRANTY ON WEBSITE

THIS WEBSITE IS PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

Availability, errors and inaccuracies

We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website (including, but not limited to, pricing, availability, and shipping information). We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.

DAMAGES AND LIMITATION OF LIABILITY

IN NO EVENT SHALL SHOTZ NOR ITS AFFILIATES, EMPLOYEES, OWNERS, MANAGERS, REPRESENTATIVES, SUBSIDIARIES, OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE, ANY CONTENT, OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF SHOTZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, DESPITE THE LIMITATION ABOVE, SHOTZ OR ITS AFFILIATES, EMPLOYEES, OWNERS, REPRESENTATIVES, OR ASSIGNS IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF SHOTS AND ITS EMPLOYEES, OWNERS, AFFILIATES, SUBSIDIARIES, AND ASSIGNS WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO SHOTZ FOR THAT PARTICULAR TRANSACTION IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS WEBSITE. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF SHOTZ, ITS AFFILIATES, OWNERS, EMPLOYEES, SUBSIDIARIES, AND ASSIGNS. THE AGGREGATE LIABILITY OF SHOTZ ARISING OUT OF OR RELATING TO THIS WEBSITE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY RECEIVED BY SHOTZ FROM YOU IN RESPECT OF THE TRANSACTION IN QUESTION.

Indemnification

You agree to indemnify, hold harmless, and defend Shotz, its parents, subsidiaries, related companies, affiliates, directors, officers, employees, successors, assigns, contractors, service providers and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of, or relating to: (i) this Agreement; (ii) your use of the Website, including any data or work transmitted or received by you; and (iii) any prohibited use of the Website.

Links to third party websites

This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Intellectual property and DMCA notice and procedure for intellectual property infringement claims

All intellectual property rights are reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “IP”) are the proprietary property of Shotz and are either registered or common law trademarks or otherwise protected intellectual property of Shotz or third parties in the United States and/or other countries. If you are aware of a potential infringement of our intellectual property, please contact us at support@shotzammo.com

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity. If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;

2. A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;

3. Your name, email, address and telephone number; and

4. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the IP on this Website.

You may submit your claim to us by contacting us at: support@shotzammo.com

Governing law, severability, dispute resolution and venue

These Terms shall be governed and construed in accordance with the laws of the state of Delaware, United States, without regard to any conflict of laws provisions (including if any conflict of laws analysis or provisions would lead to the application of a different law). If you access the Website from locations outside Delaware or the United States, you are voluntarily and purposefully availing yourself of the laws of the State of Delaware, United States of America, and you are solely responsible for compliance with all your local laws. Access to the Website from locations where such Website’s contents may be unlawful is prohibited. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE OF ANY STATE OR NATION, NOR INCOTERMS.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.

Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Morton County, North Dakota. You irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over you by the federal and/or state courts in Morton County, North Dakota. You hereby irrevocably waive any and all objections which you may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in Morton County, North Dakota and to the laying of venue of any such suit, action, or proceeding brought in any such federal or state court in Morton County, North Dakota.

YOU AND SHOTZ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.

Entire Agreement

These Terms constitute the complete and exclusive statement of the agreement between the parties and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties.

Changes to Terms of Service

We reserve the right to make changes to these Terms of Service at any time. We will notify you of any changes to these Terms of Service via posting the updated terms of service to this Website. 

Questions

If you have any questions about our Terms of Service, please contact us directly at support@shotzammo.com.