Black Creek Ammo: Terms and Conditions
This page provides Black Creek Ammo’s Terms and Conditions of Purchase (the “Terms and Conditions”). Any reference to “Black Creek Ammo” in this Terms and Conditions shall be deemed to include “Black Creek Enterprises, LLC.” Please read this information carefully. You agree to these terms through your use of Black Creek Ammo’s website, and through placing any order with Black Creek Ammo.
All users of the Black Creek Ammo website agree that access is subject to the terms and conditions set forth on this Terms and Conditions page, as well as all applicable laws, and such access and use is at the user’s own risk. These Terms and Conditions are subject to change without notice through Black Creek Ammo’s updating or revising of these Terms and Conditions at its sole discretion.
Should Black Creek Ammo determine that you failed to abide by these Terms and Conditions, or any of Black Creek Ammo’s other policies, again to which you agree upon using this website and/or making any purchase, it reserves the discretionary right to cancel any order. In such a case, you will receive a partial refund of the purchase price after deducting a cancellation fee of $30 or 5% of purchase. If you have any questions regarding the foregoing, please feel free to contact us at firstname.lastname@example.org.
Disclaimer of Liabilities:
Black Creek Ammo has taken appropriate measures such that the information contained on this website is accurate, and that all products offered for purchase are of the quality its customers expect. Nonetheless, all information contained in this website and any of Black Creek Ammo’s other materials, electronic or hard copy, and all products, are provided “as is,” as such term of art is construed under the law. You acknowledge that you are familiar with, fully understand, and accept the inherent risks and dangers associated with the products you purchase and expressly assume such risks and dangers. Black Creek Ammo does not make and expressly disclaims any express and/or implied warranties related to the information it provides through this website or otherwise, or the products that it sells.
THIS DISCLAIMER INCLUDES SPECIFICALLY, BUT IS NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BLACK CREEK AMMO HEREBY DISCLAIMS ALL WARRANTIES ALLOWABLE UNDER THE LAWS OF THE COMMONWEALTH OF VIRGINIA. BLACK CREEK AMMO DISCLAIMS ANY LIABILITIES WHATSOEVER RELATED TO ANY AND ALL FORMS OF DAMAGES RELATING TO THE USE OF, OR ANY ERRORS/OMISSIONS IN, ANY INFORMATION PROVIDED BY BLACK CREEK AMMO, AND FURTHER DISCLAIMS ALL LIABILITIES WHATSOEVER RELATED TO ANY AND ALL FORMS OF DAMAGES RELATING TO THE SALE OF PRODUCTS OFFERED ON THIS WEBSITE OR OTHERWISE. YOU ASSUME ALL RISKS AND DANGERS ASSOCIATED WITH THE PRODUCTS YOU PURCHASE.
The foregoing waiver applies even if Black Creek Ammo is somehow notified in advance of possible damages and/or liabilities as described above. Should any individual or group attempt to file a claim or action against Black Creek Ammo, and/or any of its employees, officers, agents, and/or owners, you agree to indemnify and hold harmless, as well as pay to defend, the same from such claim or action. When you order any product from Black Creek Ammo, you agree that you are accountable for how the product is used by yourself and/or by any other person. Black Creek Ammo, and/or any of its employees, officers, agents, and/or owners, are not liable for any damages that may arise as a result of your purchase and your subsequent use of product, including but not limited to the safe keeping and movement of such product. Further, you agree to indemnify and hold harmless, as well as pay to defend, Black Creek Ammo and its employees, officers, agents, and/or owners from any such damages and/or criminal prosecution and/or civil liabilities related to the same.
Purchaser Representations and Warranties:
When completing any order on the Black Creek Ammo website, the purchaser represents and warrants that he or she is/has not:
- Under twenty-one (21) years old;
- Under indictment for, or been convicted in any court of, a crime punishable by imprisonment for over one year;
- A fugitive from justice;
- An unlawful user or addicted to any controlled substance;
- Been adjudicated as mentally defective and/or committed to any mental institution;
- Not an illegal or unlawful alien, and not a nonimmigrant alien;
- Been, and is not expected to be, discharged from the Armed Forces under dishonorable conditions;
- Renounced his or her U.S. citizenship;
- Currently subject to a domestic violence restraining order of any kind;
- Been, and is not expected to be, convicted in any court of a misdemeanor crime of domestic violence;
- Conducted, and will not conduct, any unauthorized exports of any defense articles; and
- That by selling or delivering ammunition and/or firearms accessories to him or her, Black Creek Ammo is not violating any state or local law or ordinance.
Should any of the foregoing prove false, now or in the future, any purchaser agrees to indemnify and hold harmless, as well as pay to defend, Black Creek Ammo and its employees, officers, agents, and/or owners, against any resulting civil liability or criminal prosecution of any kind related thereto.
Shipping Liability and Restrictions:
While we guarantee the quality of our products up to the point of shipment, we cannot guarantee what happens thereafter. Accordingly, upon delivery, you agree to assume all responsibility for the safe receipt of the product, and agree to indemnify and hold harmless, as well as pay to defend, Black Creek Ammo and its employees, officers, agents, and/or owners, against any resulting civil liability or criminal prosecution of any kind related thereto.
A list of locations to which Black Creek Ammo will not ship is provided in its Shipping Policy, which can be found here https://www.blackcreekammo.com/shipping-policy/. You agree that should you attempt to make a purchase and have product shipped to any such location, your order will be cancelled and you may be subject to a cancelation fee at the sole discretion of Black Creek Ammo.
Black Creek Ammo Intellectual Property:
COPYRIGHT NOTICE (applying to all aspects of Black Creek Ammo’s website, e-mails, and other related materials): © 2016-2017 Black Creek Ammo and Black Creek Enterprises, LLC. All Rights Reserved.
You may be subject to civil and criminal penalties should you reproduce any of these pages for purposes of a commercial or distributive nature, or attempt to do the same. Such action is a violation of law. You cannot change, publish, transfer, reproduce, create derivative works, or in any other way use any of Black Creek Ammo’s copyrighted works without previously obtaining written consent from Black Creek Ammo itself.
If you are allowed to reproduce any of Black Creek Ammo’s copyrighted works, you are required to include the copyright notices set forth above. In addition, all of the product names, trademarks, service marks, and/or other images displayed herein are either Black Creek Ammo’s property or used with permission, and the use thereof without the express written consent is forbidden.
Links to Outside Sources:
This website may contain links to other third-party websites. Black Creek Ammo does not control the content of these websites, and unless specifically stated on this website, Black Creek Ammo is not associated with any of these websites, and does not approve of such websites, services, and products in any manner.
Your use of this website, with or without placing any order, signifies your acceptance that the laws of the Commonwealth of Virginia, without regard to conflict of laws and any principles thereof, shall govern all matters relating to your use of this website, including but not limited to any purchases made on this website. You also submit to the personal jurisdiction of the Commonwealth of Virginia and the venue of the state and federal courts of the Commonwealth of Virginia.
To the extent any complaint and/or other similar filing is made not in the Commonwealth of Virginia, you agree that it shall immediately be transferred to a court located in the Commonwealth of Virginia, and further you agree to pay reasonable attorneys’ fees and costs incurred defending against any such filing until the transfer to an appropriate venue is complete.
WAIVER OF CLASS ACTION RIGHTS:
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCESS (INCLUDING JUDICIAL ACTION) WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF A CLAIM PROCEEDS IN COURT RATHER THAN IN MEDIATION OR IN ARBITRATION, YOU AND BLACK CREEK AMMO EACH WAIVE ANY RIGHT TO A JURY TRIAL. YOU AGREE THAT BLACK CREEK AMMO MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF ITS INTELLECTUAL PROPERTY RIGHTS, OR TO ENFORCE ANY OTHER TERMS OF THESE TERMS AND CONDITIONS, OR FOR ANY OTHER LEGALLY PROPER REASON.
Customer Service Calls:
We strive to provide you with the highest level of customer service. In order to help achieve that goal, telephone calls with our service representatives may be recorded so that we can help improve our communications with you. By calling Black Creek Ammo, you understand that your call may be recorded and/or monitored.
Shipping and Delivery Policy:
Black Ammo maintains a separate policy to describe certain aspects of the shipping and delivery process when ordering from Black Creek Ammo. Due to the heavily regulated nature of ammunition sales, the Shipping and Delivery Policy provides information regarding prohibited shipping locations and restrictions, along with general shipping and delivery information. You can find the policy here https://www.blackcreekammo.com/shipping-policy/.