Big Sky Guns, LLC Terms and Conditions of
Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT") VERY
CAREFULLY.
TERMS AND CONDITION
OF SALE
BY VISITING, BROWSING, SHOPPING, ACCESSING OR
OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY Big Sky Guns, LLC YOU AGREE
TO BE BOUND BY THESE TERMS AND CONDITIONS.
Important Information About This Legal
Contract
You agree to this User Agreement, and
all of its terms and conditions, by visiting, browsing, shopping, accessing or
otherwise using the Site. These terms and conditions are subject to change
without prior notice at any time, in Big Sky Guns, LLC's sole discretion. By
visiting, browsing, shopping, accessing or otherwise using the Site after a
change has been posted to the Site, the Customer accepts that change. Customers
should check this User Agreement and the Privacy Pledge frequently
Acceptance of Contract
Terms
This User Agreement, and all of its
terms and conditions, constitute a legal contract between you and Big Sky Guns, LLC
(References to "you" or "your" shall relate to a customer of Big Sky Guns, LLC or
other party that visits, browses, shops, accesses or otherwise uses the Site
(the "Customer"); references to "Big Sky Guns, LLC" shall relate to Big Sky Guns, LLC
and its affiliates.) By visiting, browsing, shopping, accessing or otherwise
using this site ("Site"), you acknowledge that you have read, understood, and
agree to be bound by this User Agreement and comply with all applicable laws and
regulations, including U.S. export and re-export control laws and regulations.
If you do not agree to this User Agreement, as it may be changed by
Big Sky Guns, LLC from time to time, do not use this Site. The material provided on
this Site is protected by law, including, but not limited to, United States
copyright law and international treaties. This Site is controlled and operated
by Big Sky Guns, LLC from its offices within the United States. Big Sky Guns, LLC makes
no representation that materials in the Site are appropriate or available for
use in other locations, and access to them from territories where their contents
are illegal is not authorized. Those who choose to access this Site from other
locations do so on their own initiative and are responsible for compliance with
applicable local laws.
Any claim relating to, and the use of, this Site and
the materials contained herein is governed by the laws of the state of MT
without regard to conflict of law rules. You consent to jurisdiction of the
federal and state courts located in USA County, MT to hear any such
claims.
Access, Interference and
Linking
Big Sky Guns, LLC grants you a limited
license to access and make personal use of the Site and not to download (other
than page caching) or modify it, or any portion of it, except as provided below
under "Use Restrictions," or with express written consent of
Big Sky Guns, LLC.
The following activity on the Site is expressly prohibited:
Any non-personal or commercial use of any robot, spider, other automatic device,
or manual process to monitor or copy portions of the Site or the content
contained herein without prior written permission by Big Sky Guns, LLC; collection
or use of any product listings, descriptions, or prices, from the Site for the
benefit of another merchant that supplies products competitive with or
comparable to those offered on the Site; and, Any use of, visits to, or other
action that imposes an unreasonable or disproportionately large load on the
Site, or otherwise interferes with its proper and timely functioning.
Any unauthorized use terminates the license granted
by Big Sky Guns, LLC.
You are granted a limited, revocable, and nonexclusive
right to create a hyperlink to the home page of the Site so long as the link
does not portray Big Sky Guns, LLC, its affiliates, or their products or services in
a false, misleading, derogatory, or otherwise offensive matter. You may not use
any Big Sky Guns, LLC logo or other proprietary graphic or trademark as part of the
link without express written permission.
Big Sky Guns, LLC does not review or
control third-party sites that link to or from the Site, and is not responsible
for the contents of any third-party sites linked to or from the Site.
Use Restrictions
The copyright in all material provided on this Site is held by
Big Sky Guns, LLC or by the original creator of the material. Except as stated
herein, none of the material may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form or by any
means, including, but not limited to, electronic, mechanical, photocopying,
recording, or otherwise, without the prior written permission of Big Sky Guns, LLC
or the copyright owner. Permission is granted to display, copy, distribute and
download the materials on this Site for personal, non-commercial use only,
provided you do not modify the materials and that you retain all copyright and
other proprietary notices contained in the materials. This permission terminates
automatically if you breach any of these terms or conditions. Upon termination,
you must immediately destroy any downloaded or printed materials. You also may
not, without Big Sky Guns, LLC 's prior written permission, "mirror" any material
contained on this Site on any other server. Any unauthorized use of any material
contained on this Site may violate copyright laws, trademark laws, the laws of
privacy and publicity, and communications regulations and statutes.
All
trademarks and registered trademarks are the sole property of their respective
owners. Photographs courtesy of respective manufacturers. Big Sky Guns, LLC and the
Circle of Service logo are trademarks of Big Sky Guns, LLC Copyright © 2002
Big Sky Guns, LLC.
Microsoft and the Passport Logo are either registered
trademarks or trademarks of Microsoft Corporation in the United States and/or
other countries and are used under license from Microsoft.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, SHALL Big Sky Guns, LLC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA
OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON
THIS SITE, EVEN IF Big Sky Guns, LLC OR A Big Sky Guns, LLC AUTHORIZED REPRESENTATIVE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS
FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF
EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
All firearms are classified as dangerous weapons.
Big Sky Guns, LLCcan not be held liable and/or responsible for any physical injury
and/or property damage resulting directly or indirectly from either the
intentional and/or unintentional discharge of firearm(s) or the unsafe handling
of the firearms(s), parts, accessories or ammunition.
Big Sky Guns, LLCwill
not be responsible for the results of careless handling; unauthorized
adjustments; defective or low quality or reloaded or improper ammunition;
corrosion; neglect; ordinary wear and tear; or unreasonable use. Furthermore,
the liability of Big Sky Guns, LLC
shall be limited solely to the obligation to replace or repair the item(s). Your
purchase or use of any of the products that we
sell, is your irrevocable acceptance of these conditions. If you do not agree
with these conditions, DO NOT purchase OR use any of the products that we
sell. Alterations or
modifications to any of the items that we
sell are unsafe and possibly illegal. Sale of machinegun components are solely
for their use in registered NFA weapons and only for use by FFL Dealers, Class 3
dealers or individuals possessing an NFA Tax Stamp (Form 4). Manufacture of a
fully automatic firearm (machine gun), Short Barrel Shotgun (SBS), Short Barrel
Rifle (SBR) as well as other possible configurations are illegal without prior
BATFE approval. Contact BATFE for additional information. The purchaser assumes
all liability for the use of any parts and the purchaser is responsible for
obtaining legal approvals prior to ordering, if required.
As the original
purchaser, it is your responsibility to provide these instructions and cautions
to subsequent buyers and users
Arbitration
By accessing the Site and using the information therein
available and/or by purchasing any products or services made available through
this Site, you agree with Big Sky Guns, LLC, its service providers, agents,
employees, successors, assigns, affiliates, parents, subsidiaries and any
content provider or offer or of goods or services on this Site or through any
other associated activity, that ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT
AND ANY CLAIM OR DISPUTE THAT YOU MAY HAVE AGAINST ANY OF THESE PERSONS OR
ENTITIES, WHETHER RELATED TO THE DESCRIBED TRANSACTIONS OR OTHERWISE, INCLUDING
THE ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, WILL BE RESOLVED EXCLUSIVELY
AND FINALLY BY BINDING ARBITRATION under the Code of Procedure of
ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed. The
Code is available at http://www.arbitration-forum.com or can be obtained by
calling 1-800-753-9448. Notwithstanding any choice of law provision included in
this User Agreement, this arbitration agreement is subject to the Federal
Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the
Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the
jurisdiction where enforcement of the award is sought). Hearings shall be held
as provided by the Code and if any In-person Hearing is required, it shall be
held in Great Falls, MT. Each party shall bear its own cost of any legal
representation, discovery, or research required to complete
arbitration.
Privacy
Please review our Privacy Notice, which also governs your visit
to this Site.
You are responsible for maintaining the confidentiality of your
account and password and for restricting access to your computer, and you agree
to accept responsibility for all activities that occur under your account or
password. If you are under 18, you may use the Site only with a parent or
guardian. Big Sky Guns, LLC reserves the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in its sole
discretion.
Communications to Big Sky Guns, LLC
Any communication or material you transmit to the Site by
electronic mail or otherwise, including any data, questions, comments,
suggestions, or the like is, and will be treated as, non-confidential and
non-proprietary. Anything you transmit or post may be used by Big Sky Guns, LLC for
any purpose, including but not limited to reproduction, disclosure,
transmission, publication, broadcast, and posting. Furthermore, Big Sky Guns, LLC is
free to use any ideas, concepts, know-how, or techniques contained in any
communication you send to Big Sky Guns, LLC or the Site for any purpose whatsoever,
including but not limited to developing, manufacturing and marketing products
using such information.
Copyright Complaints
If you believe that your work has been copied in a way that
constitutes copyright infringement, please
contact:
Big Sky Guns, LLC
232 Salem Road
Great Falls MT, 59405
Phone:
406-781-1227
Fax: 888-594-0464
Email: Sales@Bigskyguns.com
Disagreement with These Terms and
Conditions
If you disagree with any of the
terms and conditions of this User Agreement, please do not visit, browse, shop,
access or otherwise use this Site.
Big Sky Guns, LLC Terms
and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE
("SALE AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE
AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A
SEPARATE FORMAL PURCHASE AGREEMENT WITH Big Sky Guns, LLC. IN WHICH CASE THE
SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal
Contract
This Sale Agreement is a legal
contract between the Customer and Big Sky Guns, LLC. The Customer accepts this Sale
Agreement by making a purchase, placing an order, or otherwise shopping on the
Site. (References to "you" or "your" shall relate to the Customer; references to
"Big Sky Guns, LLC" shall relate to Big Sky Guns, LLC and its affiliates.) The terms and
conditions of this Sale Agreement are subject to change without prior notice,
except that the terms and conditions posted on the Site at the time the Customer
initially places or modifies an order will govern the order in
question.
This Sale Agreement constitutes the entire agreement
between the Customer and Big Sky Guns, LLC relating to the purchase or sale of goods
or services on the Site. The Sale Agreement may only be modified or terminated
with regard to goods or services that have been purchased or sold on the Site in
a writing signed by Big Sky Guns, LLC. Electronic records (including signatures),
that are otherwise valid, shall be accepted under the Sale Agreement. The
Customer consents to receiving electronic records, which may be provided via a
web browser or e-mail application connected to the Internet; consumers may
withdraw consent to receiving electronic records or have the record provided in
non-electronic form by contacting Big Sky Guns, LLC at the address provided
below.
In the event of any conflict between the terms and
conditions stated on your purchase order and this Sale Agreement or any terms
and conditions on our invoice, you agree that the provisions of this Sale
Agreement and our invoice shall control.
Governing Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE
LAWS OF THE STATE OF MT, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE
CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN
USA COUNTY, MT FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING
OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss
Title to goods herein being purchased is retained by the seller
until goods are paid for by the purchaser and at that time title passes to the
purchaser. Loss or damage that occurs during shipping by a carrier selected by
Big Sky Guns, LLC is Big Sky Guns, LLC's responsibility. Loss or damage that occurs
during shipping by a carrier selected by Customer is Customer's responsibility.
Title to software will remain with the applicable licensor(s).
Export Sales
If goods herein being purchased are being purchased for
purposes of export, the Customer must obtain from the federal government certain
export documentation before shipping to a foreign country. In addition,
manufacturers' warranties for exported goods may vary or even be null and void
for goods exported outside the United States. The Customer should inquire
further regarding any questions. Any and all liability is only for the products
purchased.
General Legal Disclaimer
Big Sky Guns, LLC HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER
EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY
Big Sky Guns, LLC IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF
ANY.
Internet Disclaimer
Internet connectivity requires access services from an Internet
access provider. Contact your local access provider for rates, terms and
conditions.
56K Disclaimer
56K modems are capable of 56Kbps downloads, however, current
regulations limit download speed to 53Kbps.
Third-Party Product and Y2K
Disclaimer
All products sold by
Big Sky Guns, LLC are third party products and are subject to the warranties and
representations of the applicable manufacturers, including but not limited to
Y2K compliance. Accordingly, Big Sky Guns, LLC makes no representation or warranty
with respect to the Y2K compliance of products sold.
Pricing and Information
Disclaimer
All pricing subject to change.
For all prices, products and offers, Big Sky Guns, LLC reserves the right to make
adjustments due to changing market conditions, product discontinuation,
manufacturer price changes, errors in advertisements and other extenuating
circumstances. High volume bids are welcome!
While Big Sky Guns, LLC uses
reasonable efforts to include accurate and up-to-date information on the Site,
Big Sky Guns, LLC makes no warranties or representations as to the Site's accuracy.
Big Sky Guns, LLC assumes no liability or responsibility for any errors or omissions
in the content on the Site.
Limitation of Liability
Big Sky Guns, LLC WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF
BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY
EXCEPT AS EXPRESSLY PROVIDED HEREIN. Big Sky Guns, LLC WILL NOT BE LIABLE FOR
PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA
OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF
PRODUCTS OR SERVICES, Big Sky Guns, LLC IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT
OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE
PURCHASE(S) UNDER THIS AGREEMENT.
All firearms are classified as dangerous weapons.
Big Sky Guns, LLC can not be held liable and/or responsible for any physical injury
and/or property damage resulting directly or indirectly from either the
intentional and/or unintentional discharge of firearm(s) or the unsafe handling
of the firearms(s), parts, accessories or ammunition.
Big Sky Guns, LLC will not be responsible for the results of careless handling;
unauthorized adjustments; defective or low quality or reloaded or improper
ammunition; corrosion; neglect; ordinary wear and tear; or unreasonable use.
Furthermore, the liability of Big Sky Guns, LLC
shall be limited solely to the obligation to replace or
repair the item(s). Your purchase or use of any of the products
that we
sell, is your irrevocable acceptance of these conditions. If you do not agree
with these conditions, DO NOT purchase OR use any of the products that we
sell. Alterations or modifications to any
of the items that we sell are unsafe and possibly illegal. Sale of
machinegun components are solely for their use in registered NFA weapons and
only for use by FFL Dealers, Class 3 dealers or individuals possessing an NFA
Tax Stamp (Form 4). Manufacture of a fully automatic firearm (machine gun),
Short Barrel Shotgun (SBS), Short Barrel Rifle (SBR) as well as other possible
configurations are illegal without prior BATFE approval. Contact BATFE for
additional information. The purchaser assumes all liability for the use of any
parts and the purchaser is responsible for obtaining legal approvals prior to
ordering, if required.
Arbitration
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT,
OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY,
COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) arising from or relating to
this Sale Agreement, its interpretation, or the breach, termination or validity
thereof, the relationships which result from this Sale Agreement (including, to
the full extent permitted by applicable law, relationships with third parties
who are not signatories to this Sale Agreement), Big Sky Guns, LLC's advertising, or
any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code
of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the
claim is filed. The Code is available at http://www.arbitration-forum.com or can
be obtained by calling 1-800-753-9448. Notwithstanding any choice of law
provision included in this Sale Agreement, this arbitration agreement is subject
to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on
the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the
jurisdiction where enforcement of the award is sought). Hearings shall be held
as provided by the Code and if any In-person Hearing is required, it shall be
held in Great Falls, MT. Judgment on the award rendered by the arbitrator(s) may
be entered by any court having jurisdiction. Each party shall bear its own cost
of any legal representation, discovery, or research required to complete
arbitration.
Orders; Payment Terms; Interest;
Taxes
Orders are not binding upon
Big Sky Guns, LLC until accepted by Big Sky Guns, LLC. Terms of payment are within
Big Sky Guns, LLC's sole discretion. Invoices are due and payable within the time
period noted on the invoice, measured from the date of the invoice.
Big Sky Guns, LLC may invoice parts of an order separately. Customer agrees to pay
interest on all past-due sums at the highest rate allowed by law. The Customer
is responsible for sales and all other taxes associated with the order.
Freight Policy
Shipping and handling charges on all orders vary; contact your
Big Sky Guns, LLC account manager for our most current and competitive rates,
options and shipping specials. For the Customer's protection, we ship only to
the verified billing address of the Customer's credit card or for firearms to
the premises address on FFL license.
Unclaimed/Abandoned Items
Buyer
is responsible for securing the services of an FFL dealer to ship the item(s)
to. Big Sky Guns, LLC can assist in locating an FFL dealer in
your area if time allows but the buyer is responsible for ensuring they
fax/mail/email their FFL to Big Sky Guns, LLC in a timely manner. Any items
unclaimed after 30 days without prior arrangements made with Big Sky Guns, LLC will
be considered abandoned and sold to pay for handling/storage fees with no refund
to the buyer.
Warranty Repairs:
Big Sky Guns, LLC is not a warranty repair station, and
thereforeBig Sky Guns, LLC MAKES NO EXPRESS OR IMPLIED
WARRANTY WHATSOEVER WITH RESPECT TO ANY MERCHANDISE, INCLUDING BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. The only warranties provided are provided by the manufacturer and are
as contained in each manufacturer's package. All requests for warranty
information, repairs, and claims should be made directly to the manufacturer.
Please ship all repairs directly to the manufacturer to avoid delays. ALL USED
FIREARMS OR OTHER USED MERCHANDISE ARE SOLD "AS IS," WITH NO EXPRESS OR IMPLIED
WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF
FITNESS OR MERCHANTABILITY. Purchasers of used firearms are urged to contact the
manufacturer for a firearms owner's manual for such firearms.
Return Policy
The following refund policy applies to all products except
those stating their own refund policy with the product
description:
- Big Sky Guns, LLC offers a 7 days return
policy on selected items based on manufacturer return policies. For further
information not listed, please contact your Big Sky Guns, LLC account manager.
- Please call 406-781-1227 or e-mail our Returns
Department at Sales@Bigskyguns.com to obtain a Return Merchandise Authorization (RMA)
number before shipping your product. NO returns of any type will be accepted
without an RMA number. For faster service, please have the following
information on hand when calling for an RMA number: customer name, invoice
number, serial number and nature of the problem.
- All products returned MUST: be 100 percent
complete, contain ALL original boxes and packing materials, have original UPC
codes on the manufacturer boxes, contain all manuals, blank warranty cards and
other accessories and documentation provided by the manufacturer.
- You are responsible for shipping charges on
returned items; Big Sky Guns, LLC will match your shipping method on your
replacement or exchange item(s).
- Big Sky Guns, LLC strongly recommends you fully insure
your return shipment in case it is lost or damaged and you use a carrier that
can provide you with proof of delivery for your protection.
- If merchandise arrives damaged: it is best to
REFUSE it back to the carrier attempting delivery. If you accept the package
make sure it is noted on the carrier's delivery record in order for
Big Sky Guns, LLC to file a damage claim. Save the merchandise AND the original
box and packing it arrived in, notify Big Sky Guns, LLC immediately to arrange for
a carrier inspection and a pick up of damaged merchandise. If you do not
notify Big Sky Guns, LLC of damaged goods within the first 5 days of arrival, our
regular return policy will override any claim of damage, and will fall under
all current manufacturer restrictions. Call 406-781-1227 or your Big Sky Guns, LLC
account manager to arrange for carrier inspection and a pick up of damaged
merchandise.
- NON-DEFECTIVE returns can be accepted directly by
Big Sky Guns, LLC within 7 days from the invoice date, at
Big Sky Guns, LLC's discretion for: credit or exchange. All non-defective returns
subject to a 25 percent restocking fee. Restocking fee also
applies to orders cancelled by buyer prior to shipment and items returned by
transferring dealer due to purchaser failing federal background check.
Big Sky Guns, LLC reserves the right to authorize product
returns beyond 7 days from the invoice date. Original shipping charges are refunded
on returned items. Customers are responsible for all shipping charges back to
Big Sky Guns, LLC on returned items, and Big Sky Guns, LLC will pay the shipping charges
on the replacement or exchange item(s) going back.