Terms & Conditions

OVERVIEW
The information provided by 1ST LINE OF DEFENSE doing business as 1STLOD (“1STLOD”, “we”, “us”, or “our”) on www.1STLOD.com (the “Site”) is for general informational purposes only. All information on the Site is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Site.

OVERVIEW

The information provided by 1ST LINE OF DEFENSE doing business as 1STLOD (“1STLOD”, “we”, “us”, or “our”) on www.1STLOD.com (the “Site”) is for general informational purposes only. All information on the Site is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Site.

RELEASE FROM LIABILTIY
* UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE, PURCHASE(S) MADE FROM THIS SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK.

GENERAL CONDITIONS
Transfer fees (currently priced. at $20 per serial number) are due at the time any background check is performed. This fee MUST be paid that same day and will not be refunded regardless of the NICS approval. Transfer fees are to cover the costs incurred by the FFL Dealer for the time and work of receiving the item(s), processing them in and, if need be, facilitating the return shipping of said items(s), and are payable regardless of NICS approval. You must be at least 18 years of age to purchase/transfer rifle & shotgun frames/lowers and complete rifles & shotguns, and at least 21 years of age to purchase/transfer pistols & revolvers . You must pass a Federal NICS background check PRIOR to taking legal possession of a firearm. The background check and its result are not dictated or alterable by 1ST LINE OF DEFENSE. Only the person whose name appears on the order will be allowed to take possession of the firearm and transfer will take place only after all applicable requirements (i.e. background check, etc) are completed. Please verify local, state and federal laws before attempting to purchase a firearm. You must present a valid, government-issued photo ID at time of pickup. Your current, physical address must appear on the ATF Form 4473, if the address on your ID does not match your current address, you will be required to provide a second form of government-issued document for verification. (i.e. vehicle registration, vehicle title, hunting license, or voter ID card). Photos may be taken of any firearm transferred through us, and may be used in, including, but not limited to, electronic & print marketing and/or social media posts. Your email address will be added to our Newsletter mailing list, from which, you may unsubscribe at any time.

GENERAL CONDITIONS

Transfer fees (currently priced. at $20 per serial number) are due at the time any background check is performed. This fee MUST be paid that same day and will not be refunded regardless of the NICS approval.

Transfer fees are to cover the costs incurred by the FFL Dealer for the time and work of receiving the item(s), processing them in and, if need be, facilitating the return shipping of said items(s), and are payable regardless of NICS approval.
You must be at least 18 years of age to purchase/transfer rifle & shotgun frames/lowers and complete rifles & shotguns, and at least 21 years of age to purchase/transfer pistols & revolvers .
You must pass a Federal NICS background check PRIOR to taking legal possession of a firearm. The background check and its result are not dictated or alterable by 1ST LINE OF DEFENSE.
Only the person whose name appears on the order will be allowed to take possession of the firearm and transfer will take place only after all applicable requirements (i.e. background check, etc) are completed. Please verify local, state and federal laws before attempting to purchase a firearm.
You must present a valid, government-issued photo ID at time of pickup.
Your current, physical address must appear on the ATF Form 4473, if the address on your ID does not match your current address, you will be required to provide a second form of government-issued document for verification. (i.e. vehicle registration, vehicle title, hunting license, or voter ID card).
Photos may be taken of any firearm transferred through us, and may be used in, including, but not limited to, electronic & print marketing and/or social media posts.
Your email address will be added to our Newsletter mailing list, from which, you may unsubscribe at any time.

PRE-TRANSFER
As a common rule of etiquette for ordering firearms online, it is always best to contact the receiving FFL Dealer prior to ordering. We kindly ask this same courtesy from our clients, but through the use of the forms found on the Transfer In page. All new Clients must fill out one of these forms, prior to setting an appointment for pickup.

FIREARM PROCESSING
Please DO NOT simply show up upon notification of delivery of your firearm. When your shipment has been delivered, we still need ample time to process the item(s) into our system. Current estimated processing times are about one (1) business day. We kindly ask that you please be patient and wait for us to contact you to schedule a time to perform the NICS background check and take legal possession of your firearm(s). We will do everything we can to make the process go as quickly as possible.

FIREARM PROCESSING

Please DO NOT simply show up upon notification of delivery of your firearm. When your shipment has been delivered, we still need ample time to process the item(s) into our system. Current estimated processing times are about one (1) business day.

We kindly ask that you please be patient and wait for us to contact you to schedule a time to perform the NICS background check and take legal possession of your firearm(s). We will do everything we can to make the process go as quickly as possible.

USED ITEMS
It is the BUYER’S/TRANSFEREE’S responsibility to check used firearms prior to accepting the firearm. Prior to leaving the premises, please check the following carefully: Overall function – trigger/reset, slide/action function, magazine fit/drop & function, etc Significant damage – enough that it may hinder the firearm’s ability to operate correctly Lost/Missing/Broken pieces – magazines, sights, accessories, etc All firearm dispositions are final. If you are not comfortable with the condition or function of a firearm at time of pickup INFORM US AND WE WILL NOT COMPLETE THE TRANSFER.Once the firearm has been legally transferred to you, the Seller is no longer able to take it back on return, offer a refund or fix damaged/broken parts and it must now be sold as used, even if unfired.

USED ITEMS

It is the BUYER’S/TRANSFEREE’S responsibility to check used firearms prior to accepting the firearm. Prior to leaving the premises, please check the following carefully:

Overall function – trigger/reset, slide/action function, magazine fit/drop & function, etc
Significant damage – enough that it may hinder the firearm’s ability to operate correctly
Lost/Missing/Broken pieces – magazines, sights, accessories, etc
All firearm dispositions are final. If you are not comfortable with the condition or function of a firearm at time of pickup INFORM US AND WE WILL NOT COMPLETE THE TRANSFER.Once the firearm has been legally transferred to you, the Seller is no longer able to take it back on return, offer a refund or fix damaged/broken parts and it must now be sold as used, even if unfired.

BACKGROUND CHECKS
A background check & ATF form 4473 MUST be preformed every time you have a serialized firearm or part transferred in. Please read every question carefully and answer them honestly to avoid denial of transfer and possible fines & imprisonment.

DELAYED RESPONSE
A “Delayed” message from the NICS indicates the subject of a NICS background check has been matched with a similar name and similar descriptive information associated with a record containing a potential state or federal firearm prohibition. The NICS Section must obtain additional information before making a final determination of a Proceed or Denied for the firearm transfer. The NICS Section is afforded three business days in which to conduct this research. If the NICS Section is unable to provide either a Proceed or Denied response to the Federal Firearms Licensee within three business days, the Brady Handgun Violence Prevention Act of 1993 does not prohibit the Federal Firearms Licensee, or FFL, from transferring the firearm; however, the FFL is not required to do so. A delayed transaction will be purged from the NICS within 88 days from creation. The NICS Section recommends that you wait 30 days from the date initiating the check prior to filing an appeal on a delay to give the NICS Section’s staff time to complete the initial transaction. If your original background check is completed, the Federal Firearms Licensee (FFL) will be notified with a final status. * THE NICS SYSTEM DOES NOT PROVIDE DEALERS REASON FOR RESPONSES

DELAYED RESPONSE

A “Delayed” message from the NICS indicates the subject of a NICS background check has been matched with a similar name and similar descriptive information associated with a record containing a potential state or federal firearm prohibition.

The NICS Section must obtain additional information before making a final determination of a Proceed or Denied for the firearm transfer. The NICS Section is afforded three business days in which to conduct this research. If the NICS Section is unable to provide either a Proceed or Denied response to the Federal Firearms Licensee within three business days, the Brady Handgun Violence Prevention Act of 1993 does not prohibit the Federal Firearms Licensee, or FFL, from transferring the firearm; however, the FFL is not required to do so. A delayed transaction will be purged from the NICS within 88 days from creation. The NICS Section recommends that you wait 30 days from the date initiating the check prior to filing an appeal on a delay to give the NICS Section’s staff time to complete the initial transaction. If your original background check is completed, the Federal Firearms Licensee (FFL) will be notified with a final status. * THE NICS SYSTEM DOES NOT PROVIDE DEALERS REASON FOR RESPONSES

DENIED RESPONSE
p class=”success-info”>A “Denied” message from the NICS indicates the subject of a NICS background check has been matched with a similar name and similar descriptive information of a record containing a state or federal prohibition and the FFL may NOT transfer the firearm to the individual. A federal prohibition would exist for any person who: Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year Is a fugitive from justice Is an unlawful user of or addicted to any controlled substance Has been adjudicated as a mental defective or committed to a mental institution Is an alien illegally or unlawfully in the United States or who has been admitted to the United States under a non-immigrant visa Has been discharged from the Armed Forces under dishonorable conditions Having been a citizen of the United States, has renounced U.S. citizenship Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner Has been convicted in any court of a misdemeanor crime of domestic violence Is under indictment for a crime punishable by imprisonment for a term exceeding one year * THE NICS SYSTEM DOES NOT PROVIDE DEALERS REASON FOR RESPONSES

DENIED RESPONSE

p class=”success-info”>A “Denied” message from the NICS indicates the subject of a NICS background check has been matched with a similar name and similar descriptive information of a record containing a state or federal prohibition and the FFL may NOT transfer the firearm to the individual. A federal prohibition would exist for any person who:

Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year
Is a fugitive from justice
Is an unlawful user of or addicted to any controlled substance
Has been adjudicated as a mental defective or committed to a mental institution
Is an alien illegally or unlawfully in the United States or who has been admitted to the United States under a non-immigrant visa
Has been discharged from the Armed Forces under dishonorable conditions
Having been a citizen of the United States, has renounced U.S. citizenship
Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner
Has been convicted in any court of a misdemeanor crime of domestic violence
Is under indictment for a crime punishable by imprisonment for a term exceeding one year

* THE NICS SYSTEM DOES NOT PROVIDE DEALERS REASON FOR RESPONSES

UNCLAIMED ITEMS
As a matter of course, any firearm or other physical item, INCLUDING ANY MONETARY FUNDS AND OR MONIES COLLECTED ON YOUR BEHALF, not claimed/picked up from us and/or for which no communication has been received from the Client/Buyer/Seller/Transferee within 29 CALENDAR DAYS, will be considered abandoned and will, without exception, become the legal property of 1ST LINE OF DEFENSE and/or it’s Owner(s), Heir(s) or Assign(s). IT IS THE CLIENT’S/BUYER’S/SELLER’S/TRANSFEREE’S RESPONSIBILITY TO KEEP IN COMMUNICATION WITH 1STLOD.COM, NOT THE OTHER WAY AROUND. On the 29th calendar day, we retain the legal right to do with the item or monies, as we wish, which may include, but is not limited to: Adding the item/monies to the inventory of 1ST LINE OF DEFENSE and/or it’s Owner(s), Heir(s) or Assign(s) Sale or trade of the item Adding of the item/monies to the personal collection and or Bank Account of 1ST LINE OF DEFENSE and/or it’s Owner(s), Heir(s) or Assign(s)

UNCLAIMED ITEMS

As a matter of course, any firearm or other physical item, INCLUDING ANY MONETARY FUNDS AND OR MONIES COLLECTED ON YOUR BEHALF, not claimed/picked up from us and/or for which no communication has been received from the Client/Buyer/Seller/Transferee within 29 CALENDAR DAYS, will be considered abandoned and will, without exception, become the legal property of 1ST LINE OF DEFENSE and/or it’s Owner(s), Heir(s) or Assign(s).

IT IS THE CLIENT’S/BUYER’S/SELLER’S/TRANSFEREE’S RESPONSIBILITY TO KEEP IN COMMUNICATION WITH 1STLOD.COM, NOT THE OTHER WAY AROUND. On the 29th calendar day, we retain the legal right to do with the item or monies, as we wish, which may include, but is not limited to:

Adding the item/monies to the inventory of 1ST LINE OF DEFENSE and/or it’s Owner(s), Heir(s) or Assign(s)
Sale or trade of the item
Adding of the item/monies to the personal collection and or Bank Account of 1ST LINE OF DEFENSE and/or it’s Owner(s), Heir(s) or Assign(s)

CONSIGNMENT SALES
We take some items in on consignment for resale, acting as a “Broker” between the Buyer & Seller. Current Consignment fees can be found on our Consignments page

AS-IS/REFUNDS
All items sold, transferred or otherwise acquired through us are sold As-Is. * UNDER NO CIRCUMSTANCE SHALL WE PROVIDE ANY REFUND, EXCHANGE OR OTHER COMPENSATION FOR ANY ITEM OR FOR ANY REASON

MEMBERSHIPS
By taking advantage of any of our reduced-cost or Never Pay Again Membership options, you understand & agree to the following: License Revocation – The ATF can revoke our License at virtually any time, for basically any reason, ending our ability to act as an FFL Dealer. Should this happen, any Membership option automatically become null & void, without reimbursement of any kind License Forefeiture – At any time & for any reason, we may forfeit our License, ending our ability to act as an FFL Dealer. Should this happen, any Membership option automatically become null & void, without reimbursement of any kind. Force Majeure – Should anything beyond our power happen that would result in either of the above; including, but not limited to: death, Acts of God, etc; any Membership option automatically become null & void, without reimbursement of any kind.

MEMBERSHIPS

By taking advantage of any of our reduced-cost or Never Pay Again Membership options, you understand & agree to the following:

License Revocation – The ATF can revoke our License at virtually any time, for basically any reason, ending our ability to act as an FFL Dealer. Should this happen, any Membership option automatically become null & void, without reimbursement of any kind
License Forefeiture – At any time & for any reason, we may forfeit our License, ending our ability to act as an FFL Dealer. Should this happen, any Membership option automatically become null & void, without reimbursement of any kind.
Force Majeure – Should anything beyond our power happen that would result in either of the above; including, but not limited to: death, Acts of God, etc; any Membership option automatically become null & void, without reimbursement of any kind.

SHIPPING POLICY
Any item sold by 1ST LINE OF DEFENSE doing business as 1STLOD (“1STLOD”, “we”, “us”, or “our”) on www.1STLOD.com (the “Site”) or any third-party sales platform will be accompanied by shipping/delivery information information specific to that individual item. Please read the item description carefully prior to purchasing. Carrier/Delivery Rates & Timeframes – delivery rates & time-frames vary for different shipping methods and carriers. Please note that while we make every effort to provide accurate information regarding shipping rates & delivery time-frames, we have no control over either of these. Lost/Stolen Items – all items purchased through us will require Adult signature acceptance upon delivery and Insurance may or may not be added to cover the entire cost of the item. If you need full coverage insurance, please let us know and we will get rates based on this information. Lost or stolen items are NOT the responsibility of 1STLOD and all claims must be handled by/through the carrier Insurance – If you would like to purchase additional insurance for your item, please contact us immediately after completing your purchase * 1STLOD WILL NOT BE HELD LIABLE FOR LOST OR DAMAGED ITEMS

SHIPPING POLICY

Any item sold by 1ST LINE OF DEFENSE doing business as 1STLOD (“1STLOD”, “we”, “us”, or “our”) on www.1STLOD.com (the “Site”) or any third-party sales platform will be accompanied by shipping/delivery information information specific to that individual item. Please read the item description carefully prior to purchasing.

Carrier/Delivery Rates & Timeframes – delivery rates & time-frames vary for different shipping methods and carriers. Please note that while we make every effort to provide accurate information regarding shipping rates & delivery time-frames, we have no control over either of these.
Lost/Stolen Items – all items purchased through us will require Adult signature acceptance upon delivery and Insurance may or may not be added to cover the entire cost of the item. If you need full coverage insurance, please let us know and we will get rates based on this information. Lost or stolen items are NOT the responsibility of 1STLOD and all claims must be handled by/through the carrier
Insurance – If you would like to purchase additional insurance for your item, please contact us immediately after completing your purchase

* 1STLOD WILL NOT BE HELD LIABLE FOR LOST OR DAMAGED ITEMS

Payment Processing
As of the time of the writing of these terms, payments are processed through ValorPay POS

CONTACT INFO
Our physical & shipping address, as well as the address used to process payments through our Merchant Processor/Bank is: 1st Line Of Defense 4091 W Lake Echo Rd Tucson, AZ 85742 We can be reached via the following: Email: info@1stlod.com Text: (520) 704-9800 Instagram: @1stlod

CONTACT INFO

Our physical & shipping address, as well as the address used to process payments through our Merchant Processor/Bank is:

1st Line Of Defense 4091 W Lake Echo Rd Tucson, AZ 85742

We can be reached via the following:

Email: info@1stlod.com Text: (520) 704-9800 Instagram: @1stlod

BREACH
No 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 obligations to make previously owed payments to the other Party 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)”) that frustrates the purpose of this Agreement: (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; (i) epidemic, pandemic or similar influenza or bacterial infection (which is defined by the United States Center for Disease Control as virulent human influenza or infection that may cause global outbreak, or pandemic, or serious illness); (j) emergency state; (k) shortage of adequate medical supplies and equipment; (l) shortage of power or transportation facilities; and (m) other similar events beyond the reasonable control of the Impacted Party.

BREACH

No 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 obligations to make previously owed payments to the other Party 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)”) that frustrates the purpose of this Agreement: (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; (i) epidemic, pandemic or similar influenza or bacterial infection (which is defined by the United States Center for Disease Control as virulent human influenza or infection that may cause global outbreak, or pandemic, or serious illness); (j) emergency state; (k) shortage of adequate medical supplies and equipment; (l) shortage of power or transportation facilities; and (m) other similar events beyond the reasonable control of the Impacted Party.

No Warranties
THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

No Warranties

THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability
YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS WEBSITE. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Limitation of Liability

YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS WEBSITE. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Arbitration
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in TUCSON, ARIZONA. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

Arbitration

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in TUCSON, ARIZONA. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

Termination And Access Restriction
The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to this Website or the Terms of Use pursuant to the Arbitration Clause above. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

Termination And Access Restriction

The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to this Website or the Terms of Use pursuant to the Arbitration Clause above. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

No Joint Venture Or Other Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Website. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

No Joint Venture Or Other Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Website. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Entire Agreement
Unless otherwise specified herein, this agreement, along with the Privacy Policy and Disclaimer, constitutes the entire agreement between the user and the Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Entire Agreement

Unless otherwise specified herein, this agreement, along with the Privacy Policy and Disclaimer, constitutes the entire agreement between the user and the Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.