K-VAR Corporation :: Terms & Conditions

Terms & Conditions

Terms & Conditions

Effective date: September 19, 2014
Date Last Modified: September 19, 2014
K-VAR
TERMS OF USE

The K-Var Corp. (“K-Var”) welcomes you to its website. By using, placing an order, and/or visiting our website, you are agreeing to the following terms and conditions as well as the K-Var Privacy Policy. If you do not agree to any of these terms, then please do not use our website as your continued use shall constitute your acceptance of our Terms of Use and Privacy Policy.

Customer Affirms:
  1. I am currently twenty-one (21) years old or older
  2. By selling or delivering ammunition to me, K-Var 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
  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
  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 K-Var for lawful purposes only.

Legality
You agree that any products purchased from K-Var will be used for legal purposes only. You confirm that you are aware of federal, state, and local laws and regulations concerning the products that you are purchasing. Further, you confirm that by purchasing and possessing of those items you abide by all those laws and regulations.

You agree that any manufacturing, assembly, or modification of any kind conducted on firearms or any other product of any kind using parts, components, accessories, or any other item purchased from K-Var will be done within legal and regulatory frameworks as established by the federal, state, and local authorities. Further, you confirm that by manufacturing, assembling, or modifying any product purchased from K-Var or any other product using products purchased from K-Var you will abide by all those federal, state, and local laws and regulations. In particular, you agree that you will abide by all NFA laws and BATFE regulations. Please check with your local authorities and/or with BATFE before doing any modifications or new builds. Special federal, state, and/or local licensing, permission, and/or registration may be required for some modifications and builds prior, during, and/or after you commence such activities.

You agree not to hold K-Var liable for any consequences resulted from ignorance of the law or deliberate disregard for it. K-Var Corp. will take all reasonable measures to inform the buyer about legalities concerning each product and not sell and/or ship items where prohibited. However, you agree that the final burden falls with you, the buyer.

Liability
K-Var does not assume any liability for any harm caused by improper use of products purchased from K-Var. You agree not to hold K-Var. liable for any such harms caused by improper use, installation, or maintenance performed by you or by any other entity. K-Var recommends consulting with a professional gunsmith before performing any installation or maintenance.

Firearms
K-Var does not sell firearms directly to the end-user. All sales of firearms must go through a federally licensed dealer or gun shop. If you do not hold a Federal Firearms License, you must have your local dealer contact us with their information in order to complete the sale. All shipments of firearms must go to the premises address indicated on the Federal Firearms License with no exceptions. All federal and local checks must be done by your local FFL holder before transferring the firearms to the end-user. K-Var does not take any responsibility or liability for any complications arising from the federally mandated checks.

By placing an order through K-Var, you confirm that you are of legal age to purchase firearms. You further confirm that you are legally allowed to purchase firearms; that you have not committed any act or are not under any condition whereas purchasing and possession of firearms by you may be deemed illegal. By placing an order through K-Var, you confirm that you are not entering in any kind of activity that may be viewed illegal by any federal, state, or local laws and regulations; that you are not committing any act of felony (Straw Sale, etc.).

Unless K-Var explicitly states that a specific firearm is intended to be sold in the State of California, New York, New Jersey, and Massachusetts, you agree that any firearm purchased from K-Var will not be re-sold, shipped, transported, or otherwise physically taken to the State of California or any other state (NY, NJ, and MA), county, or territory where such firearms are prohibited.

ALL FIREARM SALES ARE FINAL. NO RETURN OR EXCHANGE IS GRANTED ON ANY FIREARM. FOR ANY TECHNICAL OR WARRANTY ISSUES, PLEASE CONTACT THE MANUFACTURER OF THE FIREARM.

Sale
Placing an order through K-Var does not constitute a sale nor does it entitle you to the products ordered through K-Var. All abovementioned conditions must be met before K-Var finalizes the sale of merchandise. K-Var may require additional documents (licenses, permits, etc.) before completing the sale. If your order includes a firearm, K-Var will require you to have a valid copy of Federal Firearms License in file with K-Var before finalizing the order. All payment requirements must be met before a sale can be finalized and merchandise can be shipped out.

Guarantee
All K-Var products are guaranteed to be free of manufacturing defects unless otherwise stated and to perform as advertised. K-Var products are returnable within 30 days of purchase provided that the product has not been altered, abused or damaged. This return policy does not include firearms. All firearm sales are final. No return or exchange is granted on any firearm. For any technical or warranty issues, please contact the manufacturer of the firearm. This guarantee is VOID if any gunsmithing has been initiated on the item.

Bargain Section
All items in this category are sold “AS IS”, with no warranty or guarantee. All sales are final. No refund or exchange will be granted on items purchased from this category. Please note that items listed in this category may be used, refurbished, or have visible defects. Buy at your own discretion.

Order processing and shipping
Most orders are usually shipped on the same or next business day of the day the order is placed. However, some orders, especially if they contain firearms, require additional processing time and may not ship on the same or next business day. The shipping method that you select when placing an order (Ground, Next Day Air, 2nd Day Air, or 3-Day Select) indicates the transit time with UPS only and is not a guarantee that the order will be delivered in 1, 2, or 3 days from the date of the order. All orders totaling $100.00 or more will be shipped with an option to require a signature from the recipient upon delivery. Any change to the delivery method, delivery options, address change or correction, or any other modification that will require carrier’s intervention, will incur additional $15.00 per incident or request and will need to be paid in advance prior to initiating the change by K-Var.

Payment
All orders placed online need to be paid in advance. No package will be processed and shipped unless a valid credit card, check, money order, or cashier’s check payment is received. Customers with open account must call in to order. Please remit all payments, including check, money order, and cashier’s check payments, to K-Var. A fee of $50.00 will be assessed on customer’s account for each bad or returned check regardless whether it is a pre-payment or a payment against a balance for an open account. There will be monthly 1.5% compounded financial charge applied daily to any past due invoices. Customer will be held responsible for all costs incurred by K-Var for the collection of past due payments, including attorney fees, collection service fees, administrative fees, and all other incurred costs.

Return Policy
The buyer has 30 days from receipt of merchandise to return or exchange for any reason. All returns must have a Return Authorization number before returning. Please contact K-Var to obtain RA number before shipping. ANY PACKAGE ARRIVING WITHOUT A CLEARLY VISIBLE RA NUMBER WRITTEN ON THE OUTSIDE OF THE PACKAGE WILL BE REJECTED AND RETURNED TO THE SENDER BY THE RECEIVING DEPARTMENT. All packages must be shipped to K-Var prepaid. K-Var will not accept collect shipments under any circumstances. A restocking fee of 15% will be applied to all returns. Original invoice must accompany the merchandise for proper credit. Include a note of explanation as to the reason of the return. Returned items must be packaged securely. If the returned product is damaged during shipment to K-Var, a refund or exchange may not be granted. Credit is for cost of the product only. Shipping and Handling charges are non-refundable. All firearm and ammunition sales are final - no return or exchange is granted on any firearm or ammunition. For any technical or warranty issues, please contact the manufacturer of the firearm or ammunition.

Communication
By registering at www.k-var.com, you grant K-Var Corp. the right to contact you regarding new item listings, special sales, and other events as K-Var Corp. deems to be of interest to you. You will be able to opt out from all such communications (except e-mail notifications regarding your account at www.k-var.com - account update, order notification, etc.) by following the link in the e-mail communication. To ensure proper delivery of e-mails, please add orders@k-var.com and news@k-var.com to your contact list or to your spam filter as trusted e-mail addresses.

Intellectual Property Rights
The content on our website, including without limitation, text, data, graphics, logos, button icons, images, audio, video, software, photographs, graphs, typefaces and other materials which are or may be included on this website (the "Content") and the trademarks, service marks and logos contained therein (the "Marks"), are the property of K-Var and are protected by copyrights, trademarks, trade secrets and/or other proprietary rights. The compilation of all the content on this site is the exclusive property of K-Var and is protected by U.S. and international copyright laws. Content on our website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. K-Var reserves all rights not expressly granted in and to our website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content or Marks other than as expressly permitted herein.

Use and Protection of Password and ID
Portions of our website may require you to open an account. Accordingly, K-Var may assign users a password and account ID. In order to obtain a password and account ID you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. K-Var shall have no obligation to investigate the source of any information provided. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. Quite simply, you will be responsible for any activity or reservation conducted under your assigned password or ID. You agree to notify K-Var immediately of any unauthorized use of your account or any other breach of security. K-Var will not be liable for any loss or damages that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for losses incurred by K-Var or another party due to someone else using your account or password. It is the express policy of K-Var that you may not use anyone else's account at any time, without the Written permission of the account holder. However, YOU ACKNOWLEDGE AND AGREE THAT AS BETWEEN YOU AND K-Var, YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF OUR WEBSITE BY ANYONE USING THE PASSWORD AND ID ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF OUR WEBSITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING FINANCIAL OBLIGATIONS FOR PURCHASES THROUGH THE WEBSITE) THAT MAY RESULT FROM SUCH ACCESS OR USE.

Termination
You may terminate your account at any time by sending an e-mail to us at customerservice@k-var.com. Additionally, K-Var may, in its sole discretion, terminate or suspend your access to all or part of the services for any reason, including, without limitation, breach or assignment of these Terms of Use.

Claims of Copyright Infringement
K-Var respects the intellectual property rights of others. Thus, if you are a copyright owner and believe that any content on this website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing sending an email to support@k-var.com with the following information consistent with 17 U.S.C 512(c)(3):

    (i)    A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    (ii)     Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    (iii)      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;
    (iv)      Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
    (v)      A statement that you have 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
    (vi)     A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.

Please note that this procedure is exclusively for notifying K-Var that your copyrighted material has been infringed. The preceding requirements are intended to comply with K-Var’ rights and obligations under the DMCA, but do not constitute legal advice.

User Conduct
By accessing the K-Var website, you expressly agree to not use the website to:

     i) upload, post, email or transmit information or content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

     ii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

     iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information or content;

     iv) upload, post, email, transmit or otherwise make available any information or content that you do not have a right to make available under any law or under any contractual or fiduciary relationship;

     v) upload, post, email, transmit or otherwise make available any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

     vi) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

     vii) upload, post, email, transmit or otherwise make available any material that may contain 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;

     viii) interfere with or disrupt our website, servers, or networks connected to our website, or disobey any requirements, procedures, policies or regulations of networks connected to our website;

     ix) intentionally or unintentionally violate any applicable local, state, national or international law; and/or "stalk," “prey upon,” or otherwise harass another.

Prohibited Uses
As a condition of your use of our website, you agree that you will not use our website for any purpose that is unlawful or prohibited by these Terms of Use. You may not use this website in any manner that could damage, disable, overburden, or impair any K-Var’s server, or the network(s) connected to any K-Var’s server, or interfere with any other party's use and enjoyment of our website. You may not attempt to gain unauthorized access to our website, other accounts, computer systems or networks connected to any K-Var’s server or our website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through our website.

Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned only by K-Var without restriction.

Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, K-VAR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. K-VAR MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE K-VAR WEBSITE. K-VAR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE K-VAR WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND K-VAR WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability
IN NO EVENT SHALL K-VAR, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE K-VAR WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT K-VAR SHALL NOT BE LIABLE FOR information and/or content which is or may be DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Our website is controlled and offered by K-Var from its facilities in the United States of America. K-Var makes no representations that our website is appropriate or available for use in other locations. Those who access or use our website from other jurisdictions do so at their own risk and are responsible for compliance with local law.

Indemnity
By using, viewing or accessing the K-Var website, you agree to indemnify and hold K-Var and its officers, directors, agents, subsidiaries, joint ventures and/or employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use or the K-Var Privacy Policy, or your violation of any law (civil liability or criminal prosecution) or the rights of a third-party.

If you are a California resident and in connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

Advertisers or Sponsors
Your correspondence or business dealings with, or participation in promotions of, advertisers or sponsors found on or through our website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or sponsor. You agree that K-Var shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or sponsors on our website.

Acceptance of Terms of Use
You affirm that you are: i) at least 18 years of age; ii) an emancipated minor; or iii) 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 Terms of Use and the K-Var Privacy Policy, and to abide by and comply with such terms, conditions and obligations.

Modifications
K-Var reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, our website, or any part thereof, with or without notice. You agree that K-Var shall not be liable to you or to any third party for any modification, suspension or discontinuance of any service.

General
By using, viewing or accessing the K-Var website, you agree that: (i) our website shall be deemed solely based in Nevada; and (ii) our website is a passive website that does not give rise to personal jurisdiction over K-Var, either specific or general, in jurisdictions other than Nevada. These Terms of Use shall be governed by the internal substantive laws of the State of Nevada, without respect to its conflict of laws principles. Venue for any legal action concerning any claim or dispute between you and K-Var that arises in whole or in part from our website, the purchase of any K-Var products or any other transaction between you and K-Var shall lie exclusively in the Eighth Judicial District Court, Clark County, Nevada, and by using, viewing, purchasing and/or accessing the K-Var website you expressly consent to jurisdiction and venue in such court. These Terms of Use, together with the K-Var Privacy Policy and any other legal notices published by K-Var on our website, shall constitute the entire agreement between you and K-Var concerning our website. If any provision of these Terms of Use or the K-Var Privacy Policy is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions therein, which shall remain in full force and effect. No waiver of any term of this these Terms of Use or the K-Var Privacy Policy shall be deemed a further or continuing waiver of such term or any other term, and K-Var’s failure to assert any right or provision under these Terms of Use or the K-Var Privacy Policy shall not constitute a waiver of such right or provision. K-Var reserves the right to amend these Terms of Use or the K-Var Privacy Policy at any time and without notice, and it is your responsibility to review these Terms of Use or the K-Var Privacy Policy for any changes. Your use of our website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our website or related services must be filed within one (1) year after such claim or cause of action arose or shall be forever barred.

Contacting Us
If there are any questions regarding these Terms of Use you may contact us by sending an email to customerservice@k-var.com

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