TERMS AND CONDITIONS

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

BEFORE YOU PURCHASE AMMUNITION FROM THIS WEBSITE, YOU MUST AGREE TO OUR TERMS, WHICH INCLUDES YOUR GUARANTEE THAT YOU HAVE CHECKED WITH YOUR LOCAL LAWS AND THAT THOSE LOCAL LAWS ALLOW YOU TO PURCHASE AND RECEIVE THE AMMUNITION THAT YOU PURCHASE. BY PURCHASING, YOU ARE GUARANTEEING YOUR COMPLIANCE WITH YOUR LOCAL, STATE AND FEDERAL LAW.

DISCLAIMER: By registering with atlasarms.com, which is owned by Atlas Arms Manufacturing LLC, a Texas limited liability company (“AAM”), you confirm that you are of appropriate age to purchase ammunition and there are no local, state or federal laws prohibiting you from purchasing, receiving or owning ammunition. For your reference, a compendium of state laws and published ordinances pertaining to firearms and ammunition is available at 
https://www.atf.gov/firearms/state-laws-and-published-ordinances-firearms-34th-edition as well as summarized below.

All customers must agree to AAM’s statements and terms of sale (the entirety of this page) before an order is placed. All orders are subject to review and approval by AAM. For orders over $5,000.00 please call ahead and get approval from AAM.

Customer Acknowledges:

Customer acknowledges that AAM is a doing business as atlasarms.com and any reference to AAM is also a reference to atlasarms.com. Customer agrees that any credit card charges will be in the name of AAM.

Customer Affirms:

  1. I am currently twenty-one (21) years old or older if purchasing handgun ammunition or loose projectiles (currently all ammunition & projectiles on our site are for handguns)
  2. By selling or delivering ammunition to me, AAM is not violating any state or local law or ordinance
  3. I am not under indictment for and have never been convicted in any court of law of a crime punishable by imprisonment for over a year
  4. I am not a fugitive from justice of any kind
  5. I am not an unlawful user or addicted to any controlled substance
  6. I have not been adjudicated as mentally ill and I have not been committed to any mental institution of any kind, nor do I espouse communist ideals
  7. I am not an illegal or unlawful alien
  8. I have never been nor am I expected to be discharged from the Armed Forces under dishonorable conditions of any kind
  9. I have not renounced my U.S. citizenship
  10. I am currently not subject to any restraining order or protective order
  11. I have never been nor am I expected to be convicted in any court of a misdemeanor or felony crime of domestic violence
  12. I will use products purchased from AAM for lawful purposes only.

PRODUCT AVAILABILITY

Below are our current shipping and sales restrictions (subject to change at any time.) This summary is being provided as a convenience and is not intended to provide legal advice nor be conclusive. It is possible that a state may have passed a more recent law(s) or issued interpretations or regulations that have yet to be included in this publication. It is up to the User to determine the laws in User’s state and local jurisdiction.

AAM does not currently ship to end users outside the United States. If you are interested in becoming a distributor in your area, please contact us at dagny@atlasarms.com.

The following additional restrictions apply for ammunition sales:

We cannot ship to PO boxes.

AL: No fixed Dagny Dagger ammunition, no loose Dagny Dagger projectiles

AK: No fixed ammunition due to shipping restrictions.

HI: No fixed ammunition due to shipping restrictions.

CANo fixed Dagny Dagger ammunition to anywhere in California. Fixed ammunition must be sent to an Ammunition Vendor License holder (usually also an FFL), who has already agreed to receive orders for you, and who’s license must be uploaded during the order process or emailed to us and on file BEFORE we can ship. We can also ship fixed ammunition direct to 03 FFLs with a COE (must be uploaded BEFORE we can ship).

CT: For fixed ammunition, we require a state issued pistol permit, long gun certificate, or ammunition certificate AND driver’s license, passport, or other form of ID issued by the feds or a state or municipal gov that contains your DOB and photo to be uploaded during the order process or emailed to us and on file BEFORE we can ship.

FL: No fixed Dagny Dagger ammunition, no loose Dagny Dagger projectiles

ILNo fixed ammunition nor loose projectiles to Cook County or Chicago, IL unless you are a FFL. All other areas in IL require FOID to be uploaded during the order process, or emailed to us and on file BEFORE we can ship.

LA: No fixed Dagny Dagger ammunition, no loose Dagny Dagger projectiles

MD: No fixed Dagny Dagger ammunition, no loose Dagny Dagger projectiles

MANo fixed ammunition nor loose projectiles.

NJ: We require firearms/ammunition ID card uploaded during the order process, or emailed to us and on file BEFORE we can ship. The ammunition can only be shipped to an address on either of those two documents.

NY: No fixed ammunition to New York City proper or the five boroughs and their respective counties (Bronx, Kings, Nassau, Queens, Richmond, and New York Counties). We cannot ship fixed Dagny Dagger or Eddie Everyman Ammunition, nor loose Dagny Dagger or Eddie Everyman projectiles to Suffolk County. Excepting the aforementioned locales, we can ship fixed ammunition (until the NY SAFE Act MOU on ammunition background checks is reversed) and loose projectiles to your residence and to companies in NY registered as a FFL, registered as a Seller of Ammunition, or registered as an Organizational Keeper of Ammunition. A copy of the FFL and/or registration/license must be uploaded during the order process or emailed to us and on file BEFORE we can ship.

TX: No fixed Dagny Dagger ammunition, no loose Dagny Dagger projectiles

V.I.: No fixed ammunition due to shipping restrictions.

Washington DCNo fixed ammunition nor loose projectiles. Why TF do you “live” in this 3rd world shithole?

We do not ship to any other area within the United States where we are prohibited by federal, state, or local law to ship product. I also understand that if I attempt to have product shipped to restricted areas, or if my receiving dealer rejects and/or returns my order for any reason, my order will be cancelled and I will be subject to paying a 20% cancellation fee and return shipping.


REFUND & RETURN POLICY

With the exception of manufacturing defects, or damage in transit, we offer no refunds on purchased items. AAM reserves the right, however, to review each purchase refund or return request on a case by case basis. After such review, and only upon the express written consent of AAM, some purchases may be eligible for refund in part or in whole. If no such approval is granted, you agree you shall remain responsible for payment of all purchases made. 


DEFECTIVE AMMUNITION (FIXED OR LOOSE) RETURN (RMA)

  • Email us at support@atlasarms.com stating that you are having ammunition issues
  • We will reply with the information we require to start the RMA process.
  • That information will be used to review the details of the issue and determine a resolution, and to allow us to track any issues that may arise in lots or across lots.
  • If your RMA request is approved, one of two things will happen:
    • We may request that you return the defective ammunition using a prepaid UPS return label we will provide. Once we receive the ammunition, a refund will be issued for ONLY the ammunition we received.
    • We may issue you a refund for your order, and request that you properly dispose of the remaining defective goods.

Fixed ammunition: Required to be shipped in a certain manner by the US Department of Transportation (DOT). Bulk fixed ammo that is not in original factory packaging is NOT an acceptable form of transport per DOT regulations and our carrier, UPS. UPS will not permit fixed ammo to be shipped to any state or territory to which we cannot send merchandise by UPS ground service. Due to the hazardous nature of these items, they cannot be returned.

Ammunition that arrives at our warehouse without original factory packaging, complete with LOT#, and RMA# will not be accepted.

NOTE: Improper storage and handling of ammunition may result in damage to the product. The appearance of exposure, corrosion or any other evidence of damage that occurred after the product was sold will void any warranties.


ADDITIONAL TERMS

1)    Acceptance of Terms and Conditions

a)    AAM provides online resources including shopping services, search services, content, and user profiles (collectively, the “Service”) subject to the following terms and conditions of Service (“User Agreement”). By using the Service in any manner, including if you visit or shop at the atlasarms.com website, you agree to comply with all terms and conditions of this User Agreement. In addition, when using particular AAM Services, you agree to abide by all posted guidelines for all AAM Services.

b)    AAM reserves the right, at its sole discretion, to change, modify or otherwise alter the terms and conditions of this User Agreement and the Service at any time. AAM reserves the right to offer other services which are governed by different terms and conditions from those contained herein. The changes will become effective immediately upon posting of the changes. You must review this User Agreement on a regular basis to keep yourself informed of any changes. The most recent version of the User Agreement is available at: www.atlasarms.com

c)    You consent to receive communications from AAM electronically. You agree that all agreements, notices, disclosures and other communications sent to you electronically satisfy any legal requirements that such communications be in writing.

2)    Content

a)    You understand and agree that all postings, messages, text, files, images, photos, video, sounds or other materials posted on, transmitted through or linked from the Service (collectively, the “Content”), are the sole responsibility of the person originating such Content. You also understand and agree that:

i)      you are solely responsible for each individual item (“Item”) of Content that you post, email or otherwise make available through the Service;

ii)    AAM does not control and is not responsible for Content made available through the Service;

b)    the AAM site and Content available through the Service may contain links to other websites which are completely independent of AAM and AAM makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site;

c)    your linking to any such other websites is at your own risk;

d)    you bear all risks associated with use of any Content and under no circumstances will AAM be liable for any loss or damage of any kind incurred from the use of any Content posted, emailed or otherwise made available through the Service; and

e)    AAM does not pre-screen or approve Content but AAM shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content for any reason.

f)     All product names, trademarks, service marks or other images exhibited through the Service are either the property of, or used with permission by, AAM and the use thereof without the express written consent of the owner(s) thereof is strictly prohibited. All other product names exhibited through the Service may be trademarks or service marks of other persons. If you are the holder of names, trademarks, service marks or other images exhibited through the Service and believe we are not authorized to display those, please contact us directly.

3)    Third Party Content, Sites and Services

a)    The AAM site and Content available through the Service may contain features and functionalities that may link or provide you with access to third party content which is completely independent of AAM including web sites, servers, networks, systems, information, databases, applications, software, programs, products or services and general access to the Internet.

b)    Your interactions with third parties (the “Third Parties”) including payment and delivery of goods or services and any other terms, conditions, warranties or representations associated with such Third Party dealings are solely between you and the Third Parties. You must make all appropriate investigations before proceeding with any online or offline transaction with any Third Party. AAM does not investigate, certify or approve any Third Party or other user of the Service.

c)    AAM shall not be responsible or liable for any loss, damage, cost or expense of any type whatsoever incurred as the result of any dealings or other interactions with Third Parties. If you have any dispute with a Third Party, you agree that AAM is not obligated be involved in the dispute and you hereby release and hold AD, its officers, employees, agents and successors harmless from claims, demands and damages (actual and consequential) of every kind whatsoever, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or the Service.

4)    Registration and Account Obligations

a)    As a condition precedent to your use of the Service, you warrant and represent that you are not a minor, are of legal age to form a binding contract and are not barred by law from using the Service. You further warrant, represent and agree to: provide true, accurate, current and complete information in your registration to use the Service and maintain and promptly update such registration information to keep it true, accurate, correct and complete. Any violation of the foregoing warranties, representations or agreements may result in suspension or termination of your privileges to access and use the Service.

b)    If you use the Service, you are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You also agree that you are responsible for all activities that occur under your account or password. If you are under 18, you may use the Service only with involvement of your parent or guardian. AAM reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders in its sole discretion.

5)    Privacy and Information Disclosure

a)    AAM has established a Privacy Policy to explain to users how their information is collected and used which is listed at the top of this page.

b)    Your use of the AAM website or the Service constitutes your acceptance and agreement to our Privacy Policy. AAM may, in its sole discretion, preserve or disclose your Content as well as your information such as email addresses, IP addresses, timestamps and other user information if required by law or in the good faith belief that such preservation or disclosure is reasonably necessary or appropriate including, without limitation, disclosure to:

i)      comply with legal process;

ii)    enforce or comply with this User Agreement;

iii)   respond to claims that any Content violates the rights of Third Parties;

iv)   respond to claims that contact information (e.g. phone number, street address) of a Third Party has been posted or transmitted without their consent or as a form of harassment; or

v)    protect the rights, property or safety of AAM or the site users.

6)    Conduct

a)    You shall not upload, post, email or otherwise make available Content that:

i)      is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy or is harmful to minors in any way;

ii)    list, offer for sale or sell any explosives, explosive devices or instructions for creating or making explosives or explosive devices other than ammunition for legal firearms;

iii)   is pornographic or depicts any human being(s) engaged in sexual conduct;

iv)   harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;

v)    impersonates any person or entity, including, without limitation, a AAM employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;

vi)   includes personal or identifying information about another person without that person’s written consent;

vii) is false, deceptive, misleading or deceitful;

viii)         infringes any patent, trademark, trade secret, copyright or other property rights of any person or entity;

ix)   contains affiliate marketing, link referral code, junk mail, spam, chain letters, pyramid schemes or unsolicited commercial advertisement;

x)    constitutes or contains any form of advertising or solicitation if posted in areas of the AAM sites which are not designated for such purposes or emailed to AAM users who have not given written approval to contact them about other services, products or commercial interests;

xi)   includes links to commercial services or web sites;

xii) advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including, without limitation, the sale of items prohibited or regulated by Arizona law. Without limiting the generality of the preceding sentence, you agree that all offers to sell and all sales and transfers of firearms, guns, ammunition, hunting guides and gun accessories shall by made by you strictly in accordance with all federal, state and local laws, rules and regulations. You further acknowledge and agree that applicable law prohibits that shipment of guns and firearms to any person or entity other than a Federally Licensed Dealer and you shall not sell, ship or deliver any goods in violation of any law. It is your obligation to know all laws regarding offers to sell and the sale and transfer of firearms, guns and ammunition and to fully comply with such laws and any violation of such law will terminate your right to access or use the Service. AAM will cooperate with law enforcement in prosecuting anyone suspected of breaking any such laws.

xiii)         contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

xiv)         disrupts the normal flow of dialogue with an excessive amount of Content to the Service or that otherwise negatively affects other users’ ability to use the Service;

xv) violates any federal, state or local law, rule, regulation, ordinance or other authority; or

xvi)         employs misleading email addresses, forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

b)    Additionally, you shall not:

i)      contact anyone who has asked not to be contacted or make unsolicited contact with anyone for any commercial or improper purpose;

ii)    stalk or otherwise harass anyone;

iii)   collect personal data about other users for commercial, unauthorized or unlawful purposes;

iv)   use automated means including spiders, robots, crawlers, data mining tools or similar software to download data from the Service unless expressly authorized in writing by AAM;

v)    attempt to gain unauthorized access to AAM’s computer systems or engage in any activity that disrupts, degrades, interferes with or impairs the performance of or functionality of the Services or AAM’s website;

vi)   use any form of automated device or computer program that enables the submission of postings on AAM’s website without each posting being manually entered by its author including, without limitation, use of any such automated posting device to submit postings in bulk or for automatic submission of postings at regular intervals; or

vii) use any form of automated device or computer program (“flagging tool”) that enables the use of AAM’s flagging system or other community moderation systems without each flag being manually entered by the person that initiates the flag or use the flagging tool to remove posts of competitors or posts of AAM or any Third Party.

c)    AAM may, without prior notice, immediately terminate your access and use of the Service and any associated email addresses, all in AAM’s sole discretion including, without limitation, for any of the following reasons:

i)      breach or violation of this User Agreement or other incorporated agreements or guidelines;

ii)    request by law enforcement or other government agencies;

d)    a request by you;

e)    discontinuance or material modification to the Service (or any part thereof);

f)     unexpected technical or security issues or problems;

g)    extended periods of inactivity;

h)    engagement by you in fraudulent or illegal activities; or

i)      nonpayment of any fees owed by you in connection with the Service.

7)    Termination of your AAM account may include:

a)    removal or denial of access the Service;

b)    deletion of your password and all related information, files and content associated with or inside your account (or any part thereof); and

c)    barring of further use of the Service and AAM shall not be liable to your or any Third Party for any termination of your account, any associated email addresses or termination of access to the Service.

8)    Risk of Loss
All items purchased from AAM are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.

9)    Product Descriptions
AAM does its best to accurately represent the merchandise through photo, price and copy. Occasionally we make mistakes, if such a mistake should occur; your order will be corrected as the facts dictate. We are not liable for errors in pricing, pictures, or descriptions.

10) Pricing
AAM does our best to price our products at market value. As the market changes so does our pricing. We are not obligated to honor a price that is in print or an error. We reserve the right to adjust product prices as dictated by the market.

11) No Spam Policy
Sending unsolicited email advertisements through AAM’s computer systems or the Service is expressly prohibited by this User Agreement. Any unauthorized use of AAM’s computer systems is a violation of this User Agreement and federal and state laws, including without limitation, the Computer Fraud and Abuse Act (18 U.S.C. A, §§ 1030 et seq.). Such violations may subject the sender and his agents to civil and criminal penalties.

12) Limitations on Service
AAM may establish limits from time to time concerning use of the Service including, without limitation, the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages or other Content that may be transmitted or stored by the Service and the frequency with which you may access the Service. AAM has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. AAM reserves the right at any time to modify or discontinue the Service (or any part thereof), with or without notice, and AAM shall not be liable to you or to any Third Party for any modification, suspension or discontinuance of the Service.

13) Access to the Service
AAM grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include access to the Service by posting agents or any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders or similar data gathering or extraction tools for any purpose unless expressly approved in writing by AD.

14) Termination of Service
AD, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service for any reason, including, without limitation, if AAM believes that you have violated this User Agreement. Further, AAM shall not be liable to you or any Third Party for any termination of your access to the Service.

15) Proprietary Rights

a)    The Service is protected by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work or compilation pursuant to copyrights laws and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of AAM. You shall not reproduce, duplicate or copy Content from the Service without the express written consent of AAM and you agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you shall not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

b)    Although AAM does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to AAM an irrevocable, perpetual, non-exclusive, fully paid, transferable, irrevocable, worldwide license to use, copy, perform, display and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content and to grant and authorize sublicenses (through multiple tiers) of the foregoing. By posting Content to any public area of the Service, you automatically grant AAM all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Service by any party for any purpose.

16) Disclaimer of Warranties

a)    YOU AGREE THAT USE OF THE AAM SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE AAM SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, AAM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE AAM SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, AAM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE AAM SITE OR SERVICE OR ACCESSED THROUGH ANY LINKS ON THE AAM SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, AAM DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE AAM SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you.

17) Limitation of Liability

a)    UNDER NO CIRCUMSTANCES SHALL AAM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF AAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE AAM SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE AAM SITE OR THE SERVICE, FROM INABILITY TO USE THE AAM SITE OR THE SERVICE OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR TERMINATION OF THE AAM SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE AAM SITE OR THE SERVICE OR ANY LINKS ON THE AAM SITE AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE AAM SITE OR THE SERVICE OR ANY LINKS ON THE AAM SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.

18) Indemnity

a)    YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD AD, ITS OFFICERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS, SUPPLIERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEY FEES, COURT COSTS AND OTHER LEGAL DISBURSEMENTS AND EXPENSES ARISING FROM OR RELATED TO, DIRECTLY OR INDIRECTLY, ANY CONTENT YOU SUBMIT, POST OR MAKE AVAILABLE THROUGH THE SERVICE, YOUR USE OF THE SERVICE, YOUR VIOLATION OF THIS USER AGREEMENT, YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES HEREIN OR YOUR VIOLATION OF ANY RIGHTS OF, OR DUTIES OWED TO, ANY THIRD PARTY.

19) Resolution of Disputes Any dispute or claim relating in any way to any claim or controversy that arises out of this User Agreement, the Service or any sales transaction (a “Claim”) in accordance with one of the procedures described below. We strongly encourage you to first contact us directly by email to seek a resolution of the Claim. If we do not reach a resolution, then it will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

20) There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

21) To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent CT Corporation System, 1999 Bryan St., Ste 900, Dallas, TX 75201-3140. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for a Claim totaling less than $10,000 if you are the prevailing party. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

22) We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you waive any right to a jury trial. We both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

23) General

a)    This User Agreement contains the entire agreement between AAM and you and governs your use of the Service and all transactions or other matters between AAM and you, superseding any prior agreements between AAM and you.

b)    This User Agreement and the relationship between AAM and you shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions.

c)    The failure of AAM to exercise or enforce any right or provision of this User Agreement in any instance shall not constitute a waiver of such right or provision.

d)    If any provision of this User Agreement is found by a court of competent jurisdiction to be invalid, such invalid provision shall be fully severable and the other provisions of this User Agreement shall remain in full force and effect.

e)    Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this User Agreement must be filed within one year after such claim or cause of action arose or accrued or be forever barred.

24) Disclaimer Liability
AAM has taken reasonable efforts to ensure that the information contained in this website is accurate; however, all information is provided “as is” without any expressed or implied warranties, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL CHEAPER THAN DIRT! BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY USE OR PERFORMANCE OF OR CONTENT ERRORS OR OMISSIONS IN THE INFORMATION, EVEN IF NOTIFIED IN ADVANCE OF THE POTENTIAL FOR SUCH DAMAGES. All users of the information agree that access to any use of the information is subject to the terms and conditions set forth in the User Agreement, as well as all applicable laws, and such access and use is at the user’s own risk. Our products are intended for adult use only.

Last updated: 18 July, 2022

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