TERMS AND CONDITIONS FOR THE ONLINE SALE OF
GOODS AND SERVICES
- THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION
REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS,
LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ
IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN
INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR
CLASS ACTIONS.
BY PACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS
WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
IF YOU ARE A DEALER OR DISTRIBUTOR WITH AN ACTIVE RESELLER
AGREEMENT, YOU UNDERSTAND THAT THE TERMS OF YOUR RESELLER
AGREEMENT RATHER THAN THESE TERMS AND CONDITIONS APPLY TO ANY
PURCHASE YOU MAKE FROM MDUSA.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM
THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE
OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A
BINDING CONTRACT WITH MDUSA, OR (C) ARE PROHIBITED FROM ACCESSING
OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR
SERVICES BY APPLICABLE LAW.
These terms and conditions (these “Terms”) apply to the purchase and sale of
products and services through www.mdusaarms.com (the “Site”). These Terms are subject to
change by MDusa (referred to as “us”, “we”, or “our” as the context may require) without prior
written notice at any time, in our sole discretion. The latest version of these Terms will be posted
on this Site, and you should review these Terms before purchasing any product or services that
are available through this Site. Your continued use of this Site after a posted change in these
Terms will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of the Website Terms of Use that apply generally
to the use of our Site. You should also carefully review our Privacy Policy before placing an
order for products or services through this Site (see Section 9). - Order Acceptance and Cancellation. You agree that your order is an offer to buy,
under these Terms, all products and services listed in your order. All orders must be accepted by
us, or we will not be obligated to sell the products or services to you. We may choose not to
accept any orders in our sole discretion. After having received your order, we will send you a
confirmation email with your order number and details of the items you have ordered.
Acceptance of your order and the formation of the contract of sale between MDusa and you will
not take place unless and until you have received your order confirmation email. You have the
option to cancel your order at any time before we have sent your order confirmation email by
emailing our Customer Service Department at sales@mdusaarms.com. - Prices and Payment Terms.
(a) All prices posted on this Site are subject to change without notice. The
price charged for a product or service will be the price in effect at the time the order is
placed and will be set out in your order confirmation email. Price increases will only
apply to orders placed after such changes. Posted prices do not include taxes or charges
for shipping, handling, and fees. All such taxes and charges will be added to your merchandise
total and will be itemized in your shopping cart and in your order confirmation email. We
are not responsible for pricing, typographical, or other errors in any offer by us and we
reserve the right to cancel any orders arising from such errors.
(b) Terms of payment are within our sole discretion and payment must be
received by us before our acceptance of an order. We accept major credit cards for all
purchases. You represent and warrant that (i) the credit card information you supply to us
is true, correct, and complete, (ii) you are duly authorized to use such credit card for the
purchase, (iii) charges incurred by you will be honored by your credit card company, and
(iv) you will pay charges incurred by you at the posted prices, including all applicable
taxes, if any. - Shipments; Delivery; Title and Risk of Loss.
(a) We will arrange for shipment of the products to you. Please check the
individual product page for specific delivery options and shipping fees. You agree to pay
the total shipping and handling costs and fees reflected in your order at checkout.
(b) Title and risk of loss pass to you upon our transfer of the products to the
carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are
not liable for any delays in shipments.
(c) We allocate products in our sole and absolute discretion. We make no
representations regarding allocation or shipment timeframe. If you have questions
regarding your allocation or shipment date, please contact sales@mdusaarms.com. - Returns, Refunds, and Cancellations. We do not accept returns for firearms or
firearms accessories. For clothing and apparel, except for products identified as non-
returnable, we will accept a return of the products for a refund of your purchase price, less
the original shipping and handling costs, provided such return is made within 30 days of
delivery and provided such products are returned in their original condition. To return
clothing and apparel, please email sales@mdusaarms.com and include your order number for
further instruction.
You are responsible for all shipping and handling charges on returned items.
You bear the risk of loss during shipment. We therefore strongly recommend that you fully
insure your return shipment against loss or damage and that you use a carrier that can provide
you with proof of delivery for your protection. All returns are subject to a restocking fee.
You may cancel your order any time prior to allocation. If you wish to cancel
your order, you must email sales@mdusaarms.com. Orders that have been allocated cannot be
cancelled for any reason. You will receive a confirmation that your order has been cancelled.
Refunds are processed within approximately ten (10) business days of our receipt
of your merchandise or cancellation of your order. Your refund will be credited back to the same
payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON
ANY PRODUCTS DESIGNATED ON THIS SITE OR IN THESE TERMS AND
CONDITIONS AS NON-RETURNABLE. - Goods Not for Resale or Export. You agree to comply with all applicable laws
and regulations of the various states and of the United States including all Export Regulations, as
defined below. You represent and warrant that you are buying products or services from the Site
for your own personal or household use only, and not for resale or export. Products and services
purchased from the Site may be controlled for export purposes by export regulations, including
but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of
Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which
ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R.
120-128 and 130) and their successor and supplemental regulations (collectively, “Export
Regulations”). - Intellectual Property Use and Ownership. You acknowledge and agree that:
(a) All uses on this Site of the terms “sell,” “sale,” “resell,” “resale,”
“purchase,” “price” and the like mean the purchase or sale of a license. Each product and
service marketed on this Site is made available solely for license, not sale, to you and
other prospective customers under the terms, conditions, and restrictions of the license
agreement posted with/made available to you through a link accompanying the display or
description of that specific product or service.
(b) You will comply with all terms and conditions of the specific license
agreement for any product or service you obtain through this Site, including, but not
limited to, all confidentiality obligations and restrictions on resale, use, reverse
engineering, copying, making, modifying, improving, sublicensing and transfer of those
licensed products and services.
(c) You will not cause, induce or permit others’ noncompliance with the terms
and conditions of any of these product and service license agreements.
(d) MDusa is and will remain the sole and exclusive owner of all intellectual
property rights in and to each product and service made available on this Site and any
related specifications, instructions, documentation or other materials, including, but not
limited to, all related copyrights, patents, trademarks, and other intellectual property
rights, subject only to the limited license granted under the product’s or service’s license
agreement. You do not and will not have or acquire any ownership of these intellectual
property rights in or to the products or services made available through this Site, or of
any intellectual property rights relating to those products or services. - Privacy. We respect your privacy and are committed to protecting it. Our Privacy
Policy, www.mdusaarms.com/privacy, governs the processing of all personal data collected from
you in connection with your purchase of products or services through the Site. - Force Majeure. Neither party shall be liable or responsible to the other party, nor
be deemed to have defaulted under or breached this Agreement, for any failure or delay in
fulfilling or performing any term of this Agreement (except for any of your obligations to make
payments to us hereunder), when and to the extent such failure or delay is caused by or results
from acts beyond the impacted party’s (“Impacted Party”) reasonable control, including, without
limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b)
flood, fire, earthquake, pandemics, or explosion; (c) war, invasion, hostilities (whether war is
declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or
actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national
or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial
disturbances; and (h) telecommunication breakdowns, power outages or shortages, lack of
warehouse or storage space, inadequate transportation services, or inability or delay in obtaining
supplies of adequate or suitable materials; (i) other events beyond the reasonable control of the
Impacted Party. The Impacted Party shall give notice within 3 days of the Force Majeure Event
to the other party, stating the period of time the occurrence is expected to continue. The Impacted
Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force
Majeure Event are minimized. The Impacted Party shall resume the performance of its
obligations as soon as reasonably practicable after the removal of the cause. In the event that the
Impacted Party’s failure or delay remains uncured for a period of 30 days following written
notice given by it under this Section 10, the other party may thereafter terminate this Agreement
upon 30 days’ written notice. - Governing Law and Jurisdiction. All matters arising out of or relating to these
Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of
the State of California or any other jurisdiction) that would cause the application of the
laws of any jurisdiction other than those of the State of California. - Dispute Resolution and Binding Arbitration.
(a) YOU AND MDUSA ARE AGREEING TO GIVE UP ANY RIGHTS
TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO
PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH
RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU
WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN
ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN
CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT
OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION,
COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE
CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY
WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE
SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION.
(b) The arbitration will be administered by the American Arbitration
Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA
Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are
available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration
Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating
to arbitrability and/or enforceability of this arbitration provision, including any
unconscionability challenge or any other challenge that the arbitration provision or the
Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to
grant whatever relief would be available in court under law or in equity. Any award of
the arbitrator(s) will be final and binding on each of the parties and may be entered as a
judgment in any court of competent jurisdiction.
If you prevail on any claim that affords the prevailing party attorneys’ fees,
the arbitrator may award reasonable fees to you under the standards for fee shifting
provided by law.
(c) You may elect to pursue your claim in small-claims court rather than
arbitration if you provide us with written notice of your intention do so within 60 days of
your purchase. The arbitration or small-claims court proceeding will be limited solely to
your individual dispute or controversy.
(d) You agree to an arbitration on an individual basis. In any dispute,
NEITHER YOU NOR MDUSA WILL BE ENTITLED TO JOIN OR
CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT
OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A
CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY
GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one
person’s claims, and may not otherwise preside over any form of a representative or class
proceeding. The arbitral tribunal has no power to consider the enforceability of this class
arbitration waiver and any challenge to the class arbitration waiver may only be raised in
a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the
unenforceable provision will be severed and the remaining arbitration terms will be
enforced. - Assignment. You will not assign any of your rights or delegate any of your
obligations under these Terms without our prior written consent. Any purported assignment or
delegation in violation of this Section 13 is null and void. No assignment or delegation relieves
you of any of your obligations under these Terms. - No Waivers. The failure by us to enforce any right or provision of these Terms
will not constitute a waiver of future enforcement of that right or provision. The waiver of any
right or provision will be effective only if in writing and signed by a duly authorized
representative of MDusa. - No Third-Party Beneficiaries. These Terms do not and are not intended to confer
any rights or remedies upon any person other than you. - Notices.
(a) To You. We may provide any notice to you under these Terms by: (i)
sending a message to the email address you provide or (ii) by posting to the Site. Notices
sent by email will be effective when we send the email and notices we provide by posting
will be effective upon posting. It is your responsibility to keep your email address
current.
(b) To Us. To give us notice under these Terms, you must contact us as
follows: (i) by email at sales@mdusaarms.com, or (ii) by personal delivery, overnight
courier or registered or certified mail to MDusa, PO Box 3648, Rancho Cucamonga, CA 91739. We may update the email or address for notices to us by posting a notice on the
Site. Notices provided by personal delivery will be effective immediately. Notices
provided by email or overnight courier will be effective one business day after they are
sent. Notices provided by registered or certified mail will be effective three business days
after they are sent. - Severability. If any provision of these Terms is invalid, illegal, void or
unenforceable, then that provision will be deemed severed from these Terms and will not affect
the validity or enforceability of the remaining provisions of these Terms.
9 - Entire Agreement. Our order confirmation, these Terms, our Website Terms of
Use and our Privacy Policy will be deemed the final and integrated agreement between you and
us on the matters contained in these Terms