TERMS OF PURCHASE
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
ShipOutdoors.com is a service of L&M Solutions LLC d/b/a ShipOutdoors. The following Terms govern Your purchase and use of our website, products, services, and applications (collectively referred to as the “Services”). If You have any questions, concerns, or objections regarding these Terms or the Services, please contact us at firstname.lastname@example.org.
1. Changes to these Terms.
These Terms and/or our Services may change over time, we reserve the right to change the Terms at any time. It is Your responsibility to review these Terms each time You purchase any Services. If You don’t agree with the new Terms, You are free to reject them; unfortunately, that means You will no longer be able to use the Services. If You use the Services in any way after a change to the Terms is effective, that means You agree to all of the changes. You may not modify these Terms unless agreed in writing and signed by both You and us.
2. ShipOutdoors’ Services.
Our Services allow You to find, compare, select and buy courier services for shipping firearms and firearm accessories (“Shipments”) within certain areas of the United States. You may use the Services to purchase postage from a third-party mail service or courier (“Courier”) and we will provide You with the appropriate evidence of postage, for example a shipping label, to use with Your shipments. ShipOutdoors serves as an intermediary between You and Your selected Courier. ShipOutdoors does not transport or deliver shipments and ShipOutdoors is not a party to any contract You form with a Courier to pick up, transport, or deliver Your shipments.
To purchase our Services, You are required to sign up for an account with a user name and password (“ShipOutdoors User ID”). You promise to provide us with accurate, complete, and updated registration information about Yourself. You may not select as Your ShipOutdoors User ID a name that You don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer Your account to anyone else without our prior written permission. You will not share Your account or password with anyone, and You must protect the security of Your account and Your password. You’re responsible for any activity associated with Your account.
You represent and warrant that You are of legal age to form a binding contract. If you are agreeing to these Terms on behalf of an organization or entity, you personally represent and warrant that You are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “You” and “Your” in these Terms refer to that organization or entity).
You must only use the Services AND ANY COURIER SERVICES for Your own Shipments and not on behalf of or for the benefit of any third party, and only in a manner that complies with all APPLICABLE laws, including without limitation all applicable federal, state, and local laws and regulations AND ALL APPLICABLE RULES AND TERMS IMPOSED BY ANY COURIER. You represent, warrant, and AGREE the information You supply to us in connection with purchasing SERVICES, postage, or Courier services is complete and accurate. If Your use of OUR Services is OR MAY BE prohibited by ANY applicable laws OR COURIER RULES OR TERMS, then You are NOT PERMITTED to use the Services AND HEREBY AGREE NOT TO USE THE SERVICES. We are not responsible for YOUR PROVIDING OF FALSE OR MISLEADING INFORMATION TO US, AND Your use of the Services in any manner that is contrary IN ANY MANNER to ANY applicable laws, regulations, OR COURIER RULES OR TERMS IS STRICTLY PROHIBITED. You agree to indemnify us (AS DESCRIBED IN MORE DETAIL BELOW) FULLY for all claims against us and/or any harm or damages sustained by us if Your use of the Services, Your Shipments, or any other actions you take in connection with ShipOutdoors or OUR Services DO, OR ARE ALLEGED BY ANY THIRD PARTY TO, violate any law or regulation of any federal, state, or local governmental entity, contravene any legal requirements, or cause harm to any third party.
3. Additional Restrictions:
You represent, warrant, and agree that You will not use the Services or otherwise use the Services (or any Courier services) or interact with the Services in a manner that:
(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including ShipOutdoors or any Courier);
(b) Constitutes a breach of, or otherwise conflicts with, any Courier terms, rules, or policies, or Your agreements with any Courier;
(c) Violates any law or regulation, including any applicable export control laws;
(d) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(e) Jeopardizes the security of Your ShipOutdoors account or anyone else’s (such as allowing someone else to log in to the Services as You);
(f) Attempts, in any manner, to obtain the password, account, or other security information from any other user;
(g) Violates the security of any computer network, or cracks any passwords or security encryption codes;
(h) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while You are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
(i) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
(j) Copies or stores any significant portion of the Content;
(k) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of Your right to use or access the Services.
4. Intellectual Property Rights.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and works of authorship (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content You access through the Services, and You won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by You, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including ShipOutdoors’) rights.
You understand that ShipOutdoors owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
You are responsible for all Content You contribute, in any manner, to the Services, and You represent and warrant You have all rights necessary to do so, in the manner in which You contribute it. You will keep all Your registration information accurate and current. You are responsible for all Your activity in connection with the Services.
5. ShipOutdoors’ Relation to Couriers.
The Services may contain links or connections to Couriers or other third-party websites or services that are not owned or controlled by ShipOutdoors. Our display on or through the Services of delivery service options offered by third parties does not in any way imply, suggest, or constitute any sponsorship or approval of us by any such Courier or any affiliation between any such Courier and us. Our display of specific options does not suggest a recommendation by us of the Courier or its delivery options. You agree that ShipOutdoors in no way responsible for the accuracy, timeliness or completeness of information it may obtain from these Couriers. Your interaction with any Courier or other third party found on or through our Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, is solely at Your own risk. You agree that ShipOutdoors will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any Courier or other third party or for any personal injuries, death, property damage, or other damages or expenses resulting in any manner from Your interactions with any Courier.
You agree to abide by the terms or conditions of purchase imposed by any Courier with whom You elect to deal. The circumvention of a Courier’s rules is prohibited. The use of prohibited practices may result in the termination of Your account on the Services, the Courier taking actions including the cancellation of a service order, denied delivery, additional charges to Your credit card, additional charges collected at the delivery or collection, or future invoicing.
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and You access all such information and content at Your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss You might suffer in connection with it. We cannot control and have no duty to take any action regarding how You may interpret and use the Content or what actions You may take as a result of having been exposed to the Content, and You hereby release us from all liability for You having acquired or not acquired Content through the Services. We do not guarantee the identity of any users with whom You interact in using the Services and are not responsible for which users gain access to the Services.
If there is a dispute between participants on this site, or between users and Couriers or any other third party, You agree that ShipOutdoors is under no obligation to become involved. You release ShipOutdoors, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If You are a California resident, You shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
6. Payment for Services.
You agree to pay all prices and fees associated with any Service you purchase. ShipOutdoors reserves the right to revise its pricing at any time. You agree to pay ShipOutdoors, and You authorize ShipOutdoors to charge the full amount of all prices and fees to Your selected payment method provided with Your account information. If we are unable to charge the payment method You provide, You agree to pay all amounts due upon demand.
If ShipOutdoors offers the purchase of Services on a subscription basis (e.g., monthly or annually) and You subscribe, You agree that You are authorizing recurring payments, and payments will be made to ShipOutdoors by the method and at the recurring intervals of the subscription, until the subscription for that Service is terminated by You or by ShipOutdoors. By authorizing recurring payments, You are authorizing ShipOutdoors and/or ShipOutdoors’ authorized payment processors to store Your payment instrument and process such payments. Subscription fees may be charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, ShipOutdoors or its service providers reserve the right to collect from You any applicable return, rejection, or insufficient funds fee and process any such payment as an electronic payment.
You agree to provide current, complete and accurate payment and billing information for Your account, and You agree to update all information as needed to keep Your account current, complete, and accurate. Failure to keep such payment method details current and accurate may result in the suspension or termination of Your access to the Services.
You may request a refund of unused postage directly from the Courier, but such refunds are subject to the policies of the applicable Courier. If a Courier refuses to issue a refund, ShipOutdoors will not be responsible for refunding any postage amounts. ShipOutdoors may, at its discretion, issue a refund of any fees paid in addition to the Courier’s postage fees.
ShipOutdoors shall not be responsible for any local customs charges, import taxes or duties or any similar charge(s) incurred through the carriage and/or delivery of any shipments and You must satisfy Yourself as to whether any of these charges will become due, and if so in what amounts, before completing an order with us. If any such charges become due as a result of a carriage and/or delivery of a shipment on Your behalf and are charged to us by any competent authority You agree to reimburse us fully in respect of the same within 7 days of our demand.
7. Termination of Services.
If automatic renewals are allowed in Your state, You may choose for Services to automatically renew at the end of a fixed Service period. We will attempt to remind You by email, or other reasonable manner, before any Services renew for a new term). We may automatically renew Your Services at the end of the current Service period and charge You the then-current price for the renewal term, unless You have provided us notice to cancel the Services as described above. You must cancel the Services before the renewal date to avoid being billed for the renewal.
ShipOutdoors is also free to terminate (or suspend access to) Your use of the Services or Your account, for any reason in our discretion, including Your breach of these Terms. Upon deactivation of Your account for any reason, You shall immediately pay to us all of Your outstanding unpaid invoices. ShipOutdoors has the sole right to decide whether You are in violation of any of the restrictions set forth in these Terms.
If You take part in any trial-period offer, You must cancel the trial Service(s) by the end of the trial period to avoid incurring new charges, unless we notify You otherwise. If You do not cancel the trial Service(s) by the end of the trial period, we may charge You for the Service(s).
If You have deactivated Your account by mistake, contact us immediately email@example.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation You have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
8. Use of Your Company Logo.
While the Agreement is in force, ShipOutdoors may include Your company logo and profile on any web site it maintains for customers of ShipOutdoors’ Services. You consent to publication of Your company’s name by ShipOutdoors as a ShipOutdoors customer.
9. Warranty Disclaimer.
Neither ShipOutdoors nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for (i) the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services, (ii) any failure or delay in purchasing postage or delivering shipments (including, without limitation, any failure or delay arising from the use of or inability to use any part of the Services), or (iii) the performance or non-performance by a Courier or any other provider of postage or delivery services arranged through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Services purchased or offered (whether or not following such recommendations and suggestions) are provided “AS IS” and without any warranty of any kind from ShipOutdoors or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY SHIPOUTDOORS (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL L&M (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO SHIPOUTDOORS IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, (C) ANY ACTS, OMISSIONS, OR FAILURES OF A COURIER, OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
To the fullest extent allowed by applicable law, You agree to indemnify and hold ShipOutdoors, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party or governmental claims or allegations arising from or otherwise relating to: (a) Your use of the Services (including any actions taken by a third party using Your account); (b) Your violation of these Terms, including without limitation your providing of false information to us or Your use of the Services in violation of any federal, state, or local law or regulation; and (c) Your violation of a Courier’s rules, policies, terms of service, or any agreement between You and a Courier. In the event of such a claim, suit, or action (“Claim”), we may attempt to provide notice of the Claim to the contact information we have for Your account (provided that failure to deliver such notice shall not eliminate or reduce Your indemnification obligations hereunder).
You may not assign, delegate or transfer these Terms or Your rights or obligations hereunder, or Your Services account, in any way (by operation of law or otherwise) without ShipOutdoors’ prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
13. Governing Law and Jurisdiction
All matters relating to ShipOutdoors, and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Kentucky without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Kentucky or any other jurisdiction).
YOU AND SHIPOUTDOORS 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 YOUR PURCHASE OF SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION IN LEXINGTON, FAYETTE COUNTY, KENTUCKY.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
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. 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.
Each party will be responsible for paying their own arbitration fees.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR SHIPOUTDOORS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
14. Limitation on Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR SHIPOUTDOORS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
15. Taxes, etc.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with Your activity in connection with the Services, provided that the ShipOutdoors may, in its sole discretion, do any of the foregoing on Your behalf or for itself as it sees fit.
We provide an Application Programming Interface (API). ShipOutdoors is the sole owner of the API and all rights thereto. You may use the API in connection with the Services for the sending Your own parcels. Absent the advance written consent of ShipOutdoors, You may not use the API for the purpose of sending parcels for other parties.