We provide same-day shipping! Applies to orders placed before 2pm CT (M-F).

Residents of CA, IL, DE, RI, CT, MA, and NYC must review Shipping Restrictions in our Terms of Service

KIR Ammo Terms & Conditions

 

KEEP IT RED, LLC Terms and Conditions

Revised September 19, 2022

 

 

These Terms and Conditions (“Terms”) are a legally binding agreement made between You – on behalf of an entity or Yourself – and KEEP IT RED, LLC dba KIR Ammo (“KIR Ammo”).  By using the KIRAmmo.com website (“Site”) You are agreeing to be legally bound by and comply with the terms contained within these Terms.  If You do not agree to these Terms, You should refrain from viewing or obtaining any information on the Site.  This Site is intended for users who are at least 18 years of age.  If You are under 18 years of age You are not permitted to use the Site. 

 

 

Customer Affidavit

Any person who places an order for firearms and/or ammunition with KIR Ammo swears the following declarations are true:

 

  • I satisfy all Federal, State, and Local age requirements for the purchase of firearms and/or ammunition. Federal requirements are 18+ years of age for long guns and long gun ammunition, 21+ years of age for any other type of firearm or ammunition.  State and Local laws vary and you hereby acknowledge you meet any additional State or Local limitations.   
  • I am the actual purchaser of any products ordered on the Site and am not purchasing any products at the request or direction of a third party.
  • I am not under indictment or information in any court for a felony or for any other crime for which the judge can imprison me for more than one year, nor have I ever been so convicted of any such crime.
  • I am not a current member of the military charged with a violation(s) of the Uniform Code of Military Justice and whose charge(s) have been referred to a general court-martial.
  • I am not a fugitive from justice.
  • I am not an unlawful user of, or addicted to, marijuana or any other depressant, stimulant, narcotic drug, or any controlled substance.
  • I do not possess a subscription for medicinal marijuana.
  • I have never been adjudicated a mental defective or been committed to a mental institution.
  • I have never been and I am not expected to be discharged from the Armed Forces under dishonorable conditions.
  • I am not subject to a court order, including a Military Protection Order issued by a military judge or magistrate, restraining me from harassing, stalking, or threatening my child or an intimate partner or child of such partner.
  • I have never been convicted in any court of a misdemeanor crime of domestic violence, nor am I or have ever been a member of the military and been convicted of a crime that included, as an element, the use of force against a current or former spouse, child, ward or adoptee, person with whom I share a child in common, or against a person who I cohabitated with as a spouse, parent, or guardian, or against any person similarly situated to the foregoing.
  • I have not renounced my United States citizenship.
  • I am not an alien illegally or unlawfully present in the United States, nor am I a nonimmigrant alien.
  • I will not conduct any unauthorized export of any products subject to the International Traffic in Arms Regulations or Export Administration Regulations.
  • I am not prohibited by any state or local law from purchasing firearms or ammunition.
  • I have any necessary state or local licenses or permits to purchase and possess firearms or ammunition as required by state or local law.

 

Limited License

 

In consideration of Your acceptance of these Terms, KIR Ammo grants You or (“You” or “User” or “Customer”), a limited, non-exclusive revocable license to access the Site.  By using the Site You represent and warrant that: (a) all information You submit is true, accurate, current, and complete; (b) You will maintain the up to date registration information as needed in advance of placing any orders; (c) You have the legal capacity to agree to these Terms; (d) You are at least 18 years of age; (e) You will not access the Site through non-human means, including via bot, script, or otherwise; (f) You will not use the Site for any unlawful purpose; (g) You will not make any commercial use of the Site, without the express written permission of KIR Ammo; (h) You will not interfere, disrupt, or attempt to gain unauthorized access to the Site or any related network; and (i)You will not post or transmit through the Site any content that is unlawful, harmful, defamatory, threatening, abusive, hateful, obscene, profane, offensive, or that is otherwise objectionable, including, but not limited to, any material or content encouraging conduct that may constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. 

 

This license may be terminated immediately at any point should You breach any of the provisions of this Agreement.  KIR Ammo reserves the right to remove any postings or content in violation of this Agreement.  KIR Ammo may for any reason and in its sole discretion alter, amend, modify, take down, interrupt, or discontinue the Site in whole or in part. KIR Ammo shall have no liability to You whatsoever in connection with such actions.

 

Product Descriptions

 

We endeavor to display as accurately as possible the details, specifications, and features of the products we make available for purchase on the Site.  However, we do not guarantee that the specifications, details, features, colors, or description will be complete, current, reliable, or free of other errors, or that Your electronic display will accurately reflect the actual colors and details of the products.  We reserve the right to discontinue the sale of any product at any time for any reason.  Prices are subject to change without notice. 

 

Purchases and Payment

 

All products are subject to availability and we do not guarantee that the items displayed are in stock.   Placing an order constitutes an offer to purchase from KIR Ammo.  The receipt of an order number and/or email confirmation does not constitute acceptance of the order and create a contract for sale.  KIR Ammo reserves the right to refuse service to any Customer, to limit the order quantity without prior notification to You, and to cancel any order for any reason.  Verification of information may be required prior to acceptance of an order (e.g., FOID Card).

 

We accept the following forms of payment:

 

  • Visa
  • Mastercard
  • American Express
  • Discover

 

Any orders submitted with incorrect payment information (card number, expiration date, billing address, etc.) will not be processed.  You agree to enter accurate payment information and to keep Your payment information current in Your account (if You create an account on the Site) so that we can complete Your transactions and contact You as needed.  Sales tax will be added to purchases as deemed required by us.  We may change prices at any time.  All payments shall be in U.S. Dollars.

 

You agree to pay all charges at the prices listed at the time of Your purchase and any applicable shipping fees (as selected by You), and You authorize us to charge Your chosen payment provider.  We reserve the right to correct any mistakes in pricing, even if we have already requested or received payment. 

 

We reserve the right to cancel Your order if You do not abide by these Terms. If we choose to cancel Your order, You will receive a refund of the full purchase amount less a cancellation fee of $30.00 or 5% of the total purchase amount, whichever is greater. KIR Ammo reserves the right to waive all or a portion of cancellation fees in its own discretion.

 

We endeavor to ship Your order as quickly as possible. The moment You place Your order our automated system starts preparing Your products to ship. This means that You may not cancel or change Your order once it has been submitted. Additionally, for Your security, we cannot alter any product information or credit card charges after Your order has been submitted. 

 

Shipping

 

Orders placed by 2:00 PM Central Time Monday through Friday will be shipped out the same day, excluding holidays or days when the carrier is not operating.  All other orders will be shipped out the next business day.  At checkout, You will have the opportunity to designate the address to which You would like Your products shipped. You cannot change this information after checkout.  Once Your products are delivered You assume all responsibility for them, including the risk that they may be stolen or damaged. You release KIR Ammo from all liability and responsibility for Your products after they are delivered.

 

If You want Your package insured from damage, loss or theft while in transit, You must buy the optional insurance. Without purchasing this insurance, in the event the package is lost or stolen while in transit there will be a maximum claim paid of $100 per package plus the cost of shipping. Keep in mind that we combine shipments, so up to 50 pounds of ammunition will be packed into a single package. In the event You become aware of a lost package or entire shipment while the goods are in transit You must report the loss to KIR Ammo immediately upon discovery of the loss. Shipments that show as delivered that have not been received by You must be reported to KIR Ammo by email no more than 3 (three) days after the delivery date reflected in the carrier’s records.  Should You fail to notify us within 3 (three) days we reserve the right to refuse any refund for goods not received.

 

You agree to accept delivery of Your order at the shipping address designated at checkout.  if You fail or refuse to accept delivery of your order You are not entitled to receive a refund of your purchase price, including any taxes and fees paid, AND YOUR METHOD OF PAYMENT WILL BE CHARGED FOR THE FULL COST OF SHPPING THE ORDER BACK TO OUR WAREHOUSE.

 

Firearms may only be shipped to the holder of a Federal Firearms License (“FFL”).  The shipping address entered during checkout should be that of the FFL of Your choice.  KIR Ammo is obligated to obtain and verify a copy of the FFL’s license prior to shipment of any firearm.  Should we be unable to obtain a copy of the FFL’s license we must hold shipment.  If we cannot obtain the license, or the FFL’s license is otherwise invalid, You may select another FFL and notify us at sales@kirammo.com.

 

Shipping Restrictions

 

KIR Ammo does not ship outside the United States or to Alaska, or Hawaii, or .  KIR Ammo reserves the right to make exceptions to this condition based on changing state and local laws.  Further, we may refuse shipment if certain state or local licenses are required even if You provide electronic documents or copies of such licenses if we are unable to verify the authenticity of said documentation.

 

Please note the following shipping conditions (this list is subject to change with or without notice):

 

  • California
    • KIR Ammo will not ship ammunition directly to consumers. We will ship to your preferred FFL where you may obtain your ammunition.
    • California prohibits the sale and purchase of “Large Capacity Magazines”. KIR Ammo therefore will not sell or ship “Large Capacity Magazines” – those that are capable of holding greater than 10 rounds – to California residents.
    • California has an “Assault Weapons” ban in place that prohibits California residents from purchasing firearms meeting the definition of “Assault Weapon”. As such, KIR Ammo will not sell or ship firearms meeting the “Assault Weapon” definition to California residents.  California residents should review their State laws and regulations to determine if the product they seek to purchase is prohibited.
  • Colorado
    • Colorado prohibits the sale and purchase of “Large Capacity Magazines”. KIR Ammo therefore will not sell or ship “Large Capacity Magazines” – those that are capable of holding greater than 15 rounds – to Colorado residents.

       

  • Connecticut
    • Purchasers must provide KIR Ammo with one of the following prior to shipment and delivery of ammunition:
      • Permit to Carry a Pistol or Revolver
      • Permit to Sell at Retail a Pistol or Revolver
      • Eligibility Certificate for a Pistol or Revolver
      • Long Gun Eligibility Certificate (for rifle / shotgun ammunition only)
      • Ammunition Certificate AND a Driver’s License, Passport, or other valid photo identification document
    • Connecticut prohibits the sale and purchase of “Large Capacity Magazines”. KIR Ammo therefore will not sell or ship “Large Capacity Magazines” – those that are capable of holding greater than 10 rounds – to Connecticut residents.
    • Connecticut has an “Assault Weapons” ban in place that prohibits Connecticut residents from purchasing firearms meeting the definition of “Assault Weapon”. As such, KIR Ammo will not sell or ship firearms meeting the “Assault Weapon” definition to Connecticut residents.  Connecticut residents should review their State laws and regulations to determine if the product they seek to purchase is prohibited.
  • Delaware
    • KIR Ammo will not sell or ship ammunition or firearms to purchasers under 21 years of age, excluding shotguns and shotgun ammunition. Purchasers must provide valid, current photographic identification exhibiting their age.          
    • Delaware prohibits the sale and purchase of “Large Capacity Magazines”. KIR Ammo therefore will not sell or ship “Large Capacity Magazines” – those that are capable of holding greater than 17 rounds – to Delaware residents.
    • Delaware prohibits the sale and purchase of “Assault Weapons”, as defined by State law. KIR Ammo will not sell or ship “Assault Weapons” to Delaware residents.  Delaware residents may refer to Section 1465 of Title 11 as enacted by HB 450 (2022) to review what items qualify as “Assault Weapons”.
  • Illinois
    • Prior to shipment and delivery of ammunition purchasers must provide KIR Ammo their Illinois Driver’s License or Illinois State Identification card AND one of the following:
      • FOID
      • Concealed Carry License
    • Maryland
      • Maryland has an “Assault Weapons” ban in place that prohibits Maryland residents from purchasing firearms meeting the definition of “Assault Weapon”. As such, KIR Ammo will not sell or ship firearms meeting the “Assault Weapon” definition to Maryland residents.  Maryland residents should review their State laws and regulations to determine if the product they seek to purchase is prohibited.
      • Maryland prohibits the sale and purchase of “Large Capacity Magazines”. KIR Ammo therefore will not sell or ship “Large Capacity Magazines” – those that are capable of holding greater than 10 rounds – to Maryland residents.
      • Maryland prohibits the sale of flamethrowers. As such, KIR Ammo will not sell or ship flamethrowers to Maryland.
    • Massachusetts
      • Purchasers of handgun ammunition must provide KIR Ammo with one of the following prior to shipment and delivery of ammunition: License to own a Firearm.
      • Massachusetts prohibits the sale and purchase of “Large Capacity Magazines”. KIR Ammo therefore will not sell or ship “Large Capacity Magazines” – those that are capable of holding greater than 10 rounds – to Massachusetts residents.
      • Massachusetts has an “Assault Weapons” ban in place that prohibits Massachusetts residents from purchasing firearms meeting the definition of “Assault Weapon”. As such, KIR Ammo will not sell or ship firearms meeting the “Assault Weapon” definition to Massachusetts residents.  Massachusetts residents should review their State laws and regulations to determine if the product they seek to purchase is prohibited.
    • New Jersey
      • Purchasers of handgun ammunition must provide KIR Ammo with one of the following prior to shipment and delivery of ammunition:
        • Firearms Purchaser ID Card
        • Permit to Purchase a Handgun
        • Permit to Carry a Handgun
      • Beginning February 1, 2023, purchasers of handgun ammunition must provide KIR Ammo, in addition to the above, with one of the following documents exhibiting proof they are 21 years of age or older:
        • Valid, current Driver’s License
        • Valid, current nondriver identification card
        • Other valid, current government-issued form of photo identification
      • New Jersey prohibits the sale and purchase of “Large Capacity Magazines”. KIR Ammo therefore will not sell or ship “Large Capacity Magazines” – those that are capable of holding greater than 10 rounds – to New Jersey residents.
      • New Jersey has an “Assault Weapons” ban in place that prohibits New Jersey residents from purchasing firearms meeting the definition of “Assault Weapon”. As such, KIR Ammo will not sell or ship firearms meeting the “Assault Weapon” definition to New Jersey residents.  New Jersey residents should review their State laws and regulations to determine if the product they seek to purchase is prohibited.
    • New York
      • Effective September 4, 2022, residents of New York State purchasing semiautomatic rifles that are not prohibited by law must provide a copy of their License for a Semiautomatic Rifle.
      • Effective July 25, 2023, KIR Ammo will no longer ship ammunition directly to residents of New York State due to the passage of S51001 passed on July 1, 2022 and which requires background checks to be conducted for purchases of ammunition.
      • New York prohibits the sale and purchase of “Large Capacity Magazines”. KIR Ammo therefore will not sell or ship “Large Capacity Magazines” – those that are capable of holding greater than 10 rounds – to New York residents.
      • New York has an “Assault Weapons” ban in place that prohibits New York residents from purchasing firearms meeting the definition of “Assault Weapon”. As such, KIR Ammo will not sell or ship firearms meeting the “Assault Weapon” definition to New York residents.  New York residents should review their State laws and regulations to determine if the product they seek to purchase is prohibited.
    • New York City, NY (all boroughs)
      • KIR Ammo will not ship ammunition directly to consumers. We will ship to your preferred FFL where you may obtain your ammunition.

         

    • Rhode Island
      • KIR Ammo will not sell or ship firearms or ammunition to any purchaser under 21 years of age. Valid and unexpired photo identification must be provided to KIR Ammo for validation. 
      • Rhode Island prohibits the sale of magazines for semiautomatic firearms that have the capability to hold more than 10 rounds of ammunition and KIR Ammo is therefore prohibited from selling or shipping such magazines to residents of the State.
    • Vermont
      • Vermont prohibits the sale and purchase of “Large Capacity Magazines”. KIR Ammo therefore will not sell or ship “Large Capacity Magazines” – those that are capable of holding greater than 10 rounds for long guns or 15 rounds for handguns – to Vermont residents.

         

    • Washington
      • Washington prohibits “Large Capacity Magazines”. KIR Ammo therefore will not sell or ship “Large Capacity Magazines” – those that are capable of holding greater than 10 rounds – to Washington residents.

         

    • Washington, D.C.
      • KIR Ammo will not ship ammunition directly to consumers. We will ship to your preferred FFL where you may obtain your ammunition.
      • Washington, D.C. prohibits the sale and purchase of “Large Capacity Magazines”. KIR Ammo therefore will not sell or ship “Large Capacity Magazines” – those that are capable of holding greater than 10 rounds – to District residents.
      • Washington, D.C. has an “Assault Weapons” ban in place that prohibits District residents from purchasing firearms meeting the definition of “Assault Weapon”. As such, KIR Ammo will not sell or ship firearms meeting the “Assault Weapon” definition to District residents.  District residents should review their State laws and regulations to determine if the product they seek to purchase is prohibited.

 

Warranty

 

While KIR Ammo strives to offer high quality products and excellent customer service, it is merely a retailer of products that are designed, manufactured, and tested by other companies. Therefore, You agree that KIR Ammo shall not be liable for any claims or damages, or for the breach of any warranty, express or implied, whether of merchantability or fitness for any purpose or otherwise, in any way related to any of the products listed on the Site.  Many manufacturers offer standard warranties on their products sold.  Any claims for defective products should be made directly to the manufacturer. 

 

Returns

 

We do not accept returns of ammunition.  For other products purchased on the Site, we may, in our sole discretion, accept returns for damaged or defective products.  To return a product to KIR Ammo, please e-mail us at sales@kirammo.com and we will send You a Return Request form to complete.  We will not issue a refund or exchange any products returned to us that do not have an approved Return Request form on file.  Products are eligible for return only in our sole discretion after review of the matter. If Your return is approved we will send a pre-paid shipping label for return of the products. You are responsible for appropriately packaging the products and providing the packages to the carrier for transportation.  Upon receipt of Your return, we will further evaluate and either send You a replacement or issue You store credit.  Should we determine that the goods were not defective as claimed or such defect or damage was created by You, we may elect in our sole discretion to refuse a refund or store credit.  Should we determine You are not eligible for a full refund or full store credit, You may request that we ship the products back to You after payment of shipping fees. 

 

Your Account

 

You may create Your own account to purchase products from the Site and maintain a method of payment associated with Your account.  You are responsible for maintaining the confidentiality of your account and password and for ensuring that only You or other persons You have authorized have access to Your account, and You further agree to accept responsibility for all activities that occur on the Site under Your account.  If there is a problem charging Your selected payment method, we reserve the right to charge any other valid payment method associated with Your account.  KIR Ammo reserves the right to refuse service, terminate accounts, and/or cancel orders in its sole discretion. 

 

Compliance With Laws

 

YOU ARE RESPONSIBLE FOR COMPLYING WITH ALL LAWS APPLICABLE TO THE SALE, PURCHASE, POSSESSION, OWNERSHIP, TRANSPORTATION, AND DELIVERY OF ALL PRODUCTS ORDERED FROM THIS SITE. By placing an order with us You represent that Your purchase and receipt of any product from our Site is compliant with all federal, state, and local statutes, ordinances, rulings, and regulations (collectively, “Laws”) applicable to the purchased products.  Although we have listed restrictions applicable to certain jurisdictions above, those listings are for convenience and are not a complete summary of all restrictions of all products in all states, cities, and/or counties in the country.  You certify that You have read and understood all applicable Laws related to the purchase, possession, and ownership of the products, You are legally permitted to purchase, possess, and own the products, and You do not intend to unlawfully transfer any products purchased from the Site. 

 

Intellectual Property Rights

 

The information displayed on the Site, including, but not limited to, images, videos, photos, electronic art, graphics, sounds, audio, information, data, user interfaces, and electronic mail services (“Content”), as well as any trademarks, trade names, service marks, and logos owned or created by KIR Ammo (“Marks”) is the property of KIR Ammo or its licensors and is protected by U.S. and international copyright and other intellectual property laws.  Except as authorized by these Terms, You will not copy, reproduce, modify, alter, create derivative works from, distribute, display, post, or transmit any Content (except for Your personal, private, non-commercial use) or utilize any Marks in any form or by any means, including, but not limited to, electronic, mechanical, photocopy, recording, or otherwise, without the express written permission of KIR Ammo and any applicable third party.  Third party trademarks and trade names appearing on the Site are the property of their respective owners and may not be used without their express permission.  

 

Third Party Information, Websites, and Content

 

The Site may contain information about and advertisements for third-party businesses, products and services, hyperlinks to third-party sites and/or information or material authored by third-parties. This is provided solely as an informational service to users. KIR Ammo does not endorse, or recommend any such third party business, products, services, or websites. KIR AMMO has no responsibility or liability in connection with Your use of any third party material or information, or access to any third party website. If You decide to leave the Site and access any third-party websites, You do so at Your own risk and You recognize that these Terms and our Privacy Policy no longer govern.  

 

Product Review Submissions

 

We may provide You areas on the Site to submit ratings or reviews of products available for sale on the Site.  When posting a review or rating, You must comply with the following: (1) You have firsthand experience with the product or service being reviewed; (2) Your review will not contain any profanity, abusive, racist, hate language, or otherwise offensive content; (3) Your reviews will not contain any discriminatory references based on race, gender, sexual orientation, religion, national origin, age, marital status, or disability; (4) Your reviews will not contain reference to unlawful conduct; (5) You are not affiliated with competitors posting negative reviews in a manner intended to mislead, deceive, or enhance a competitor’s product in relation to the product being reviewed; (6) You will not post any false or misleading comments; and (7) You will not organize an effort by multiple individuals to post reviews, whether positive or negative.

 

You agree that any questions, comments, ideas, feedback, or other information regarding the Site or products contained thereon provided by You (“Submissions”) are non-confidential and shall become our sole property.  We shall own exclusive rights, including all potential intellectual property rights, and shall be entitled to the unrestricted use of these Submissions for any lawful purpose, commercial or otherwise, without Your consent or compensation to You.  You waive all moral rights to any Submissions and warrant that any Submissions are original to You, or that You have the right to use and submit such Submissions.  You expressly acknowledge that You have no recourse against us for any alleged or actual infringement or misappropriation of any alleged proprietary rights in Your Submissions.

 

Advertisers

 

We may allow advertisers to display advertisements or other information on certain areas of our Site.  Advertisers agree to take full responsibility for any advertisements on the Site and any services or products sold through those advertisements.  Further, advertisers warrant and represent that they have all rights and authority to place advertisements on the Site, including, but not limited to, all necessary intellectual property rights, publicity rights, and contractual rights.  Other than providing space to place such advertisements, we have no other relationships with advertisers.

 

Site Management

 

We reserve the right to monitor the Site for violations of these Terms and to take appropriate action against anyone who we determine in our sole discretion violates the law or these Terms, including, but not limited to, termination of accounts, restriction of access to the Site, removal of any content or Submissions by any Customer or user of the Site, and institution of legal proceedings.  We further reserve the right to manage the Site in a manner designed to protect our rights and the proper functioning of the Site. 

 

Privacy Policy

 

Please review our Privacy Policy here: [insert link].  By using the Site You agree to the Privacy Policy, which is hereby incorporated into these Terms. 

 

Term and Termination

 

These Terms remain in effect while You use the Site.  WITHOUT LIMITATION OF ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE TO ANY PERSON FOR ANY REASON, INCLUDING WITHOUT LIMITATION, THE BREACH OF THESE TERMS OR ANY APPLICABLE LAW OR REGULATION.  WE MAY DELETE ANY ACCOUNT AND ANY CONTENT OR INFORMATION POSTED AT ANY TIME AND WITHOUT WARNING.

 

Should we terminate or suspend Your account, You are prohibited from creating a new account under Your name, a fake name, or the name of any third party, even if You may be acting on behalf of that third party.  We additionally reserve the right to take any legal action, including pursuing any civil or criminal action, or seeking any injunctive protection.

 

Site Interruptions

 

We cannot guarantee the Site will be available at all times to You as an individual or in general.  We may experience hardware, software, or other problems or need to take down the Site to conduct maintenance which may result in interruptions, delays, or errors.  We reserve the right to change, update, suspend, discontinue, or otherwise modify the Site at any time for any reason and without notification to You.  Nothing in these Terms shall be construed to obligate us to maintain and support the Site or to perform any corrections, updates, or releases in connection therewith.

 

Warranty and Disclaimer

We provide the content on the Site using a commercially reasonable level of care and promise to do our best to make sure You enjoy the content.  HOWEVER, THE SITE AND CONTENT ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS, AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR AGREED TO IN A SEPARATE WRITING, TO THE FULLEST EXTENT PERMITTED BY LAW, KIR AMMO DOES NOT WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR RESULT IN ANY OUTCOME, AND HEREBY DISCLAIMS (FOR ITSELF AND ITS SUPPLIERS) WITH RESPECT TO THE CONTENT, ALL WARRANTIES, WHETHER STATUTORY, EXPRESS, OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, INTEGRATION, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, RELIABILITY, OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE, AS WELL AS ALL WARRANTIES THAT WOULD OTHERWISE ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.  ANY CONTENT ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK.  KIR AMMO SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SITE OR CONTENT. 

 

Limitation of Liability

In no event shall KIR AMMO, its affiliates, suppliers, agents, or representatives be liable for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages, or damages for lost profits, revenue, data or data use, arising from Your or any third party’s use of the Site or Content.  This limitation of liability applies regardless of the form of any claim or action (whether in contract, tort, negligence, statutory, strict liability, or otherwise) and includes, without limitation, any (a) interruption of use, loss or inaccuracy of data (whether due to hardware failure, software crash, loss of connectivity, or any other reason), cost of procuring substitute technology, goods, or services, (b) loss of business, revenues, profits, or goodwill, (C) bugs, viruses, Trojan horses, or the like (regardless of the source of origination), (D) the violation of Your rights by any third party, or (E) ANY OTHER damages OF ANY KIND.  These limitations are independent from all other provisions of this agreement and shall apply notwithstanding any failure of essential purpose of any remedy provided herein.  Multiple claims shall not expand the limitations specified in this section. 

 

Indemnification

You shall indemnify, defend, and hold harmless KIR Ammo, and each of its officers, directors, employees, agents, affiliates, suppliers, and representatives, from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, due to or arising out of Your: (a) use or misuse of the Site; (b) violation of these Terms; and (c) violation of any Laws addressing the purchase, possession, or use of the products purchased from the Site.

 

 Governing Law and Jurisdiction

 

These Terms and all claims or causes of action that may be based upon, arise out of or relate to them will be construed in accordance with and governed by the laws of the State of Texas applicable to agreements made and to be performed entirely within such State without regard to conflicts of laws principles thereof that would cause the application of the laws of any other jurisdiction.  Any dispute arising under or in connection with any matter of any nature (whether sounding in contract or tort) relating to or arising out of these Terms, shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered into any court having jurisdiction thereof.  The arbitration may be conducted in person, through the submission of documents, by phone, or online.  The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either party.  Except as required by applicable AAA rules or law, the arbitration will take place in Tarrant County, Texas.  If for any reason a dispute proceeds in court – in whole or in part – rather than arbitration, the dispute shall be commenced or prosecuted in the State or Federal courts in Tarrant County, Texas, and the You consent to, and waive all defenses for lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts. 

 

You agree that any proceedings, including litigation, arbitration, or mediation, between Yourself and KIR Ammo will be conducted on an individual basis and not in a class, consolidated, or representative action.  You affirm this is a knowing, voluntary, and permanent waiver of Your right to bring any claims against KIR Ammo as a part of, or on behalf of, any class.

 

Errors and Omissions

 

The Site may contain errors or omissions. Such errors or omissions may relate to product description, pricing, and availability. KIR Ammo reserves the right to correct any errors or omissions and to change or update information at any time without notice (including after You have submitted an order).  In the event that You are dissatisfied in any respect with the Site, Your exclusive remedy shall be discontinuance of use of the Site. KIR Ammo shall have no liability in connection with any such errors or omissions.

 

User Data

 

We will maintain certain data that You transmit to the Site for purpose of managing the Site as well as data related to Your use of the Site.  You are solely responsible for all data You transmit or that relates to any activity You undertake on the Site.  Although we perform regular backups of data, You agree that we shall have no liability to You for any loss or corruption of data submitted and You waive any right of action against us arising from such loss or any other corruption of data.

 

Electronic Communications and Signatures

 

You consent to electronic communications and You agree that all agreements, notices, disclosures, and other communications we provide via email and on the Site satisfy any legal requirement that such communication be in writing.  You agree to the use of electronic signatures and contracts, and to electronic delivery of notices, policies, and records of transactions completed via the Site.  You waive any rights or requirements under any statutes, regulations, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records. 

 

E-Mail List

 

In order to better serve our customers we retain a list of each customer’s name and e-mail address. By creating an account or placing an order on the Site, You are authorizing KIR Ammo to send You e-mails about Your purchase and e-mails about other products and services we provide.  Your information will be retained and protected in accordance with KIR Ammo’s Privacy Policy

 

Miscellaneous

 

These Terms constitute the entire agreement between You and us regarding the subject matter contained herein.  The failure of any party to enforce the breach of these Terms by the other party shall not be considered a waiver of that term or any other term of these Terms.  If any provision of these Terms is held to be illegal, invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.  We may assign any or all of our rights or obligations to others at any time without notification to You.  There is no joint venture, partnership, or agency relationship created between You and us as a result of these Terms or Your use of the Site.  You waive any defenses you may have based on the electronic form of these Terms and the lack of signing of the parties to execute the Terms. These Terms may be amended and modified from time to time by posting changes on the Site. You agree to review these terms and conditions prior to Your use of the Site and to comply with any revisions. Any use of the Site after our posting of any such changes shall constitute Your acceptance.