TERMS AND CONDITIONS
October 31, 2020
read the following general website Terms and Conditions (these
"T&Cs", “TOS” or “Agreement”) carefully before accessing the
or any of the stores operated by American Outfitter, LLC. (together, the “Sites”),
before registering accounts on the Sites ("Account(s)"), making
purchases on the Sites or submitting any content to the Sites so that you are
aware of your legal rights and obligations with respect to American Outfitter LLC.,
the Sites and any of our affiliates, parents and subsidiaries (individually and
collectively, "we," "us," “our” or "Site"). These
T&Cs incorporate by reference any and all terms and restrictions provided
in the Products & Legal Restrictions as well as Terms of Sale provided on
the Sites. To the extent that anything in, or associated with, either Products
& Legal Restrictions or Terms of Sale is in conflict or inconsistent with
this Agreement, this Agreement shall take precedence.
IMPORTANT INFORMATION TO NOTE:
SOME OF OUR PRODUCTS, INCLUDING BUT NOT LIMITED TO
GUNS, AMMUNITION AND OTHER WEAPONRY HAVE VARIOUS SPECIFIC RESTRICTIONS ON SALE,
DELIVERY AND TRANSPORT AS DELINEATED BY LOCAL, STATE AND FEDERAL LAWS AND
REGULATIONS. ANY SUCH LAWS ARE INCORPORATED BY REFERENCE INTO THESE T&CS.
YOU AFFIRM THAT YOU ARE EITHER AT LEAST 18 YEARS OF
AGE, AN EMANCIPATED MINOR, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, AND
ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS,
AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THESE T&Cs, AND
TO ABIDE BY AND COMPLY WITH THESE T&Cs.
ALL INFORMATION PROVIDED ON THE SITES IS ACCURATE AT
THE TIME OF PUBLICATION. PLEASE NOTE THAT WE MAY DISPLAY AN IMAGE OF ONLY ONE
OF THE SIZES OF A PRODUCT, AS IMAGES FOR ALL SIZES MAY NOT BE AVAILABLE.
DESCRIPTIONS, IMAGES AND INGREDIENTS ARE BELIEVED TO BE ACCURATE BUT MAY BE
CHANGED AT ANYTIME BY MANUFACTURERS. PLEASE REFER TO THE MANUFACTURERS WEBSITE
FOR THE LATEST INFORMATION.
OUR BUSINESS CHANGES CONSTANTLY, AS DO OUR PRIVACY
POLICY AND ANY RULES, REGULATIONS AND FAQ POSTED ON THE SITES, INCLUDING THESE
T&CS. WE MAY OR MAY NOT E-MAIL OR IN
OTHER WAYS PROVIDE YOU WITH PERIODIC REMINDERS OF CHANGES TO OUR POLICIES, BUT
IT IS YOUR EXPRESSED OBLIGATION TO CHECK THE SITES FREQUENTLY TO SEE IF THERE
ARE ANY RECENT CHANGES TO ANY OF OUR POLICIES OR THESE T&CS. WE RESERVE THE
RIGHT TO REVISE THESE T&CS AT ANY TIME WITHOUT PROVIDING NOTICE TO OUR
CUSTOMERS. YOUR CONTINUED USE OF THE SITES, THE SERVICES (AS HEREINAFTER
DEFINED) AND/OR YOUR ACCOUNT SHALL BE DEEMED AN IRREVOCABLE ACCEPTANCE OF ANY
Description of Products:
The Sites enable our customers, users and visitors
(together “Customers”) to purchase various products, including but not limited
to hunting, fishing and general sporting goods and merchandise (together, the
are provided by the manufacturer of the item. Though we have made every effort
to ensure the accuracy of information in this website, we will not be held
liable for errors or omissions. If you have a question about the product,
please contact us before ordering.
The pictures we
provide are a representation of an item or of a group of items. It may not
match the exact item that you are looking at. Please make sure to read the
title and description of the item.
are provided as a convenience to our Customers. Manufactures do not always have
a picture for every item they produce. This leaves some products without a
picture. We provide these missing pictures with a picture of a like item.
These T&Cs apply to all
or any of the sites operated by American Outfitter, LLC.
. The Sites includes proprietary and
third party information, including but not limited to all products, pictures,
reviews, labels and other information supplements, in textual, visual, audio,
video and/or other digital formats offered via the Sites.
In order to have access to certain Services, including but not limited to
purchasing Products, you may be required or provided with the option to create
an Account. You may never use someone
All Customers must be either eighteen
(18) years of age or older, emancipated minors, or possess the necessary legal
parental or guardian consent to enter into these T&Cs. The Sites and
Products were designed for Customers who are legal residents of the United
States and its territories.
Customers from other countries
are advised not to disclose personal information unless they consent to having
their information used as set forth in the Sites’ Privacy Policies rather than
under the laws of Customers' home countries.
to the Sites is void where prohibited.
We may decide at any time in our sole and
absolute discretion whether to remove and/or terminate a Customer’s access to
the Sites or any Product, for any reason, including but not limited to
violations of these T&Cs.
We may or
may not provide notice to you of such termination through any reasonable means
including, but not limited to, sending notice to you at the e-mail address that
you provided during or subsequent to registration or purchase. Such termination
is effective when executed by us or upon transmittal by us. However, your
obligations of indemnification pursuant to these T&Cs shall survive any
termination or the cancellation of your Account.
on the Sites:
All information provided on the Sites is believed accurate at the time of publication to the best of our ability
but may contain typographical or other errors. Please note that we may display an image of only one of the sizes
of a Product, as images for all sizes may not be available. Product descriptions and images are believed to be accurate
but may be changed at any time by manufacturers. Please refer to the manufacturer’s website for the latest information.
Regardless of any
opinion on content submitted by other Customers, you agree that it is your
explicit responsibility to remain informed and up-to-date on any and all Laws and
restrictions that may apply to you and/or your purchase.
submitted and/or published to our Sites by other Customers in no way diminishes
or negates your explicit responsibility to keep informed of applicable Laws and
to purchase and/or ship Products in accordance with any such Laws.
Customers Submissions and Comments.
This section governs the Submission of any
photograph(s), video(s), image(s), text and/or comment(s) or other content to
the Sites. As Customers you may, where
and if available, submit or post video, photographic and textual content or
comments (“Submission(s)”). Customers
agree that whether published or not, Site does not guarantee the confidentiality
of their Submissions. Site does not condone or tolerate the submission of
illegal and/or inappropriate content. By posting your Submissions, or
attempting to post your Submissions, you hereby agree, and are fully subject,
to these content terms ("Content Terms"). These Content Terms govern
each and every Submission that you post to the Sites. In consideration for
posting your Submissions, you represent, warrant and agree that:
You are solely responsible for the Submissions and other information
that you publish, transmit or post to the Sites, including the Registration
Data. You agree to use the Sites in a manner consistent with any and all
applicable Laws as they now exist or may herein after be promulgated. You agree
Site reserves the right, but has no obligation, to reject any Account or
Submission that does not comply, in Site’s sole and absolute discretion, with
these prohibitions. Engaging in any of the aforementioned prohibited practices
shall be deemed a breach of these T&Cs and may result in the immediate
termination of your Account pursuant to the terms of these T&Cs.Site reserves the right to pursue any and all
legal remedies against Customers who engage in any of the aforementioned
prohibited conduct. However, in any event, Site assumes no responsibility for
the conduct of Customers on the Sites.
a Customer, you are granted a non-exclusive, non-transferable, revocable and
limited license to access and use the Sites (and their associated content) and
Services in accordance with this Agreement. We retain the right to terminate
this license, without notice, in our sole and absolute discretion, at any time
for any reason whatsoever. We also
reserve any rights not explicitly granted in these T&Cs.
Proprietary Rights of Content:
The content on the Sites, including without
limitation, the text, software, scripts, graphics, photos, sounds, music,
videos, interactive features and the like (the “Content”) and the trademarks,
service marks and logos contained therein (the “Marks”), are owned by or
licensed to Site, subject to copyright and other intellectual property rights.
The copying, redistribution or publication by you of any part of the Sites is
strictly prohibited. You do not acquire ownership rights to any Content, Marks,
Products or other materials viewed at, on or through the Sites. The posting of
information or material at or on the Sites by us does not constitute a waiver
of any right in such information and materials.
Millennium Copyright Act
A physical or
electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
the copyrighted work claimed to have been infringed, or, if multiple
are covered by a single notification, a representative list of such works
at that Sites;
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 permit the service provider to locate the material;
Information reasonably sufficient to permit the service
provider to contact the complaining party, such as an address, telephone
number, and, if available, an electronic mail address at which the complaining
party may be contacted;
A statement that 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; and
A statement that the information in the notification is
accurate, and under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right that is
Site’s designated Copyright Agent to receive
notifications of claimed infringement is:
c/o American Outfitter, LLC.
34 Fire Tower Rd.
Wetumpka AL 36093
You acknowledge that if you fail to comply with
all of the requirements of this section, your DMCA notice may not be
. If you believe that your Submissions that were
removed (or to which access has been disabled) were not infringing or that you
have the authorization from the copyright owner, the copyright owner’s agent,
or pursuant to law, to post and use the content in your Submissions, you may
send a counter-notice containing the following information to the Copyright
Your physical or electronic signature;
the content that has been removed or to which access has been disabled and the
location at which the content appeared before it was removed or disabled;
A statement that
you have a good faith belief that the content was removed or disabled as a
result of mistake or a misidentification of the content;
address, telephone number, and e-mail address;
a statement that
you consent to the jurisdiction of the federal court in Elmore County Alabama;
a statement that
you will accept service of process from the person who provided notification of
the alleged infringement.
Your privacy is very important to us.To better protect your rights, we have
provided you with o
You agree to indemnify, defend and hold us, and our subsidiaries,
affiliates, officers, parent companies, agents, co-branders or other partners,
and employees (each a "Covered Party"), harmless, at your expense,
against any and all claims, actions, proceedings, and suits and all related
liabilities, damages, settlements, penalties, fines, costs and expenses
(including, without limitation, reasonable attorneys' fees and other dispute
resolution expenses) incurred by any Covered Party or other third party and
arising out of:
Your actions or omission in violation of applicable Laws;
Your Submission or any false or misleading information;
Any purchase order and/or provision of delivery
instructions provided by you in violation of applicable Laws;
Any actions or omission taken by Site pursuant to any
purchase order or delivery instruction provided by you in violation of
Any actions or omission taken by Site in violation of
applicable Laws pursuant to erroneous or false information provided by you;
Your use or
misuse of the Sites;
Your use or
misuse of the Products; or
Arising from your
breach of this Agreement, Products & Legal Restrictions or Terms of Sale.
expressly agree that access and use of the Sites is at your sole risk. The Sites
are provided on an "AS IS" and "AS AVAILABLE" basis,
without any express or implied warranty of any kind, including, but not
limited, non-infringement of intellectual property. The Sites may contain bugs,
errors, problems or other limitations.
We and the
Covered Parties have no liability whatsoever for your use of, or inability to
use, the Sites to the fullest extent permitted by applicable law.
We and the
Covered Parties are not liable to you or to any third party for any indirect,
special, incidental or consequential damages, whether based on breach of
contract, breach of warranty, tort (including negligence), product liability or
otherwise, even if advised of the possibility of such damages.
The negation of
damages set forth above is a fundamental element of the basis of the bargain
between Site and you. The Sites and Products would not be provided to you
without such limitations. No advice or information, whether oral or written,
obtained by you from Site through the Sites shall create any warranty,
representation or guarantee not expressly stated in this Agreement.
We are not
responsible to you or any third party, without limitation, for: 1) any error,
omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to or
alteration of communications; 2) the conduct or Submission of any Customers,
whether online or offline; 3) any computer virus or other malicious,
destructive or corrupting code, agent, program or macros; or 4) any
infringement of another's rights, including intellectual property rights.
You agree that Site
is not the publisher of Submissions found on the Sites and, as such, shall not
be liable for damages arising there from including, without limitation, any and
all criminal and/or civil liability.
Site shall not be
liable to you for any Products, Content or information available from third
parties, even if obtained at or through the Sites and/or Services. If you are
dissatisfied with the Sites or with this Agreement, your sole and exclusive
remedy is to discontinue use of the Sites.
Sites may contain links to other websites owned and operated by Site, as well as
links, banner advertisements, pop-ups and/or other online methods to redirect
you to other third party websites not owned or controlled by Site.Site has no control over, and assumes no
responsibility or liability for, the content, privacy policies, or practices of
any third party website. By using the
Sites, you expressly relieve Site from any and all liability arising from your
use of any third party website.
Furthermore, Site does not endorse, and is not
responsible or liable for, any content, advertising, services, products or
other materials at or available through such third party websites or resources,
or for any damages or losses arising there from.
Accordingly, you are encouraged to be aware when you leave the Sites and
to read the terms and conditions and privacy policies of each other website
that you visit. You will bound by the
terms and conditions, policy policies, and rules and regulations of any Site or
third party website you access through the Sites.
any part of this Agreement be held invalid or unenforceable, that portion shall
be construed consistent with applicable law and the remaining portions shall
remain in full force and effect. To the extent that anything in, or associated
with, the Sites is in conflict or inconsistent with this Agreement, this
Agreement shall take precedence. Our failure to enforce any provision of this
Agreement shall not be deemed a waiver of such provision nor of the right to
enforce such provision, or any other provisions in this Agreement.
authorize us to comply with any and all lawful notices, subpoenas, court orders
or warrants without prior notice to you.
Feedbacks and Reviews:
We welcome any honest and truthful feedback and reviews but any written or spoken untruthful, unsubstantiated damaging statements
against us are a breach of contract. The buyer agrees not to commit Defamation, Libel or slander against us in any public or private forums. Any breach
of this section will constitute breach of contract nnd the stipulated Liquidated damages referenced in this document will apply.
Terms of Sale:
Any breach of the Terms of Sale is also a breach of our Terms and Conditions.
If a dispute arises between you and us, our goal is to
provide you with a neutral and cost effective means of resolving the dispute
quickly. We strongly encourage you to first contact us directly to seek a
resolution by sending an email to
. We will consider
reasonable requests to resolve the dispute through alternative dispute
resolution procedures, such as mediation or arbitration, as alternatives to
litigation. American Outfitter, LLC.
sets the sum of $1,500.00 as liquidated damages for breach of this agreement above a reasonable attorney's fee, court cost and Service of process fees..
Choice of Law
Agreement shall be treated as though it were executed and performed in Elmore
County Alabama and shall be governed in all respects by the laws of the State
of Alabama without regard to conflict of law provisions. You agree that any claim
or dispute you may have against us must be resolved by a court located in Elmore
County Alabama, except as otherwise agreed by the parties. You agree to submit
to the personal jurisdiction of the courts located within Elmore County Alabama
for the purpose of litigating all such claims or disputes.
. All claims you bring
against us must be resolved in accordance with this Dispute Resolution Section.
All claims filed or brought contrary to this Dispute Resolution Section shall
be considered improperly filed. Should you file a claim contrary to the Dispute
Resolution Section, we may recover attorneys' fees and costs, provided that we
notified you in writing of the improperly filed claim, and you have failed to
promptly withdraw the claim.
Applicable Taxes and Fees:
Most states now require internet retailers to collect and remit
sales tax based on economic nexus (shipping into their state). On
June 21, 2018, the U.S. Supreme Court overturned the 1992 Quill
Corp. vs. North Dakota ruling which had held that
internet sellers must have a physical presence in a state before
they are required to collect sales tax in that state.
We charge applicable state and local sales taxes in states in which we have an obligation to collect such taxes. We also collect applicable compliance fees in some states. We follow the rules of each state based on the shipping address where the order is to be received.
34 Fire Tower road
Wetumpka AL 36093