These Website Terms of Use govern your use of the McCutchen Firearms, LLC Website www.mccutchenfirearms.com (“Site”), its content, software, tools hosted on the Site, and the associated materials, products and services (collectively, the “Services”).

The terms “we,” “us,” or “our” refers to McCutchen Firearms, LLC. The terms “you” or “your” refers to any individual or entity using this Site or its Services.

Whether you are simply browsing or using this Site or its Services, your use of this Site signifies that you have read, understood, and agree to be bound by these Terms of Use. We may change or modify these Terms of Use, and such changes will be effective immediately upon posting to this Site. Your continued use of this Site or Services after such changes are made will constitute your acceptance of these Terms of Use as last revised. If you do not agree to be bound by these Terms of Use, then do not use or continue to use this Site or the Services.

1. Customer Responsibilities. Like many other items we use, when used improperly firearms can be dangerous. By purchasing through this Site you agree to follow all manufacturer safety instructions and to only use the firearms in a safe manner in an approved area for a legal purpose. You therefore agree that YOU:

a. are assuming all responsibility for the legality of a specific item when you purchase it.

b. are responsible for checking all local laws before ordering or using an item from this Site or any manufacturer whose product is sold here.

c. are responsible for complying with all firearms laws in your area.

d. must notify us immediately should you have any concerns about the legality of any product you have ordered.

e. are responsible for payment for all orders placed through this Site. If you are not sure if you want something, do not order it.

f. must be of legal age to own any items you order.

g. must be at least 18 years of age to purchase ANY item from this Site, and we may request a copy of your state identification before
shipping your order.

h. must provide a valid contact phone number with any order placed. We may contact you at the provided phone number before processing any order.

i. If you have questions or concerns it is your responsibility to contact us prior to placing an order.

2. Customer Warranty. In making a purchase from this Site, you warrant that YOU:

a. are not prohibited by Federal or State law, or local ordinance, from receiving firearms or ammunition, or ammunition components, of any kind.

b. are at least eighteen (18) years of age if purchasing long guns or long gun ammunition or ammunition components.

c. are at least twenty-one (21) years of age if purchasing a hand gun or ATF-defined “other” firearm (including, but not limited to, stripped receivers, frames, and pistol-grip shotguns) OR ammunition or ammunition components for use in handguns.

d. are the actual transferee/buyer of the firearm(s) you are purchasing from this Site. (WARNING: You are not the actual buyer if you are acquiring the firearm(s) on behalf of another person).

e. are not under indictment or information in any court for a felony, or any other crime, for which the judge could imprison you for more than one year.

f. have not been convicted in any court of a felony, or any other crime, for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation.

g. are not a fugitive from justice.

h. are not an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance.

i. have not been adjudicated mentally defective (which includes a determination by a court, board, commission, or other lawful authority that you are a danger to yourself or to others or are incompetent to manage your own affairs) OR have not been committed to a mental institution.

j. have not been discharged from the Armed Forces under dishonorable conditions.

k. are not subject to a court order restraining you from harassing, stalking, or threatening your child or an intimate partner or child of such partner.

l. have not been convicted in any court of a misdemeanor crime of domestic violence.

m. have never renounced your United States citizenship.

n. are not an alien illegally in the United States.

o. are not currently on Federal NICS or State agency “DELAY” OR “DENIED” status regarding your most recent attempt to purchase a firearm. Firearm AND/OR ammunition or ammunition component sales or transfers are prohibited during these conditions.

3. Information on Site. We attempt to be as accurate as possible in the information presented on this Site. However, we do not warrant that product descriptions or other content on our Site is accurate, complete, reliable, current, or error-free.

Certain products or services offered on the Site may have special restrictions or conditions of use, and you can find these unique restrictions and/or conditions of use on the websites page associated with each specific product or service. Any listed restrictions and/or terms of use represent those provided to us by the product manufacturer or distributor, or service provider, at the time we such products or services for sale. We provide these restrictions and conditions of use as a convenience to our customers, but we do not warrant that such content is accurate, complete, reliable, current, or error-free. You agree to abide by any restrictions and terms of use for your purchases, and also any other restrictions and terms of use applicable to your purchases based on your jurisdiction.

4. Restrictions on Use of Materials. Unless otherwise noted, all materials, including forms, images, designs, icons, photographs, video clips, and written and other materials that are part of this Site are copyrights, trademarks, and/or other intellectual properties owned, controlled or licensed by this Site. No material from this Site may be copied, reproduced, hyperlinked, republished, uploaded, posted, transmitted, or distributed in any way; however, you may download or print any documents provided through an Attorney Service for the purpose of filing in court. Use of any robot, spider, other automatic device, or manual process to monitor or copy our Site pages or the content contained herein is strictly forbidden.

5. No Warranties or Representation. THIS SITE AND THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO THE SITE, ITS OWNERS, EMPLOYEES , AGENTS AND ITS AFFILIATES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. USE OF THIS SITE IS AT YOUR OWN RISK.

6. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MCCUTCHEN FIREARMS, LLC BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE, THE MATERIALS IN THIS WEB SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL MCCUTCHEN FIREARMS, LLC.’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

7. Governing Law; Jurisdiction. These Terms of Use are governed by and construed in accordance with the laws of the State of Florida and applicable federal law. Disputes arising hereunder shall be exclusively subject to the jurisdiction of the federal courts of the United States of America and/or the state courts of Florida. McCutchen Firearms, LLC and you agree that you will resolve any disputes, claims or controversies ("Claims") on an individual basis, and that any Claims brought under these Terms of Use in connection with our Site or any of our services or products will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. You further agree that you will not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms of Use or in connection with our Site.

8. Consents and Waivers. The failure of us at any time to require, insist upon or enforce performance of any provision hereof shall not be construed as a waiver or affect its right at a later time to enforce the same. No waiver by a party of any condition or any breach of any term, representation or warranty contained in this Agreement shall be effective unless in writing.

9. Indemnification. You agree to indemnify, defend and hold harmless McCutchen Firearms, LLC, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of this Site.

10. Links to Other Sites. This Site may contain hyperlinks to Websites operated by third-parties. These hyperlinks are provided for your reference and convenience only. We do not control such third party Websites and are not responsible for their content or accuracy. The use of a hyperlink is not an endorsement of a company, product, or opinion. If you decide to access linked third-party Websites, you do so at your own risk. Your use of third-party Websites may also be subject to the terms and conditions of use of such sites.

11. Changes to These Terms of Use. We may at any time revise these Terms of Use by updating this posting. By using our Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound. Certain provisions of these Terms of Use may be superseded by other legal notices or terms located on parts of our Site. In the event of a conflict between the terms and conditions of these Terms of Use terms and conditions of any other written agreement between us and our customers or vendors, the express terms and conditions of the latter agreement shall prevail.