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TERMS AND CONDITIONS BARRA AIRGUNS

Welcome to the Barra Airguns (“we,” “us,” or “our”) website.  We are committed to providing you, our guests (“Guests”) and customers (“Customers”), with access to our Products in a safe manner through our Website. The Website and the Products contain materials, such as text, graphics, images, sound recordings, audiovisual works, software and other material provided by or on behalf of Barra Airguns (collectively referred to as the “Content”). Please keep in mind that all our Content is subject to our Terms and Conditions as set forth below.

 

ACCEPTANCE OF TERMS OF USE:

By using, visiting, or browsing the Barra Airguns website or by purchasing our Products, you acknowledge that you have read, understood, and agree to be legally bound by the Terms and Conditions.

You also agree to be bound by our Privacy Policy, which you can find on our Website at www.BarraAirguns.com/privacypolicy, together with our Terms and Conditions (collectively called, the “Agreement”).  

 

USE OF OUR WEBSITE:

On our Website, we help you to select your desired Products. We deliver the purchased Products to you in mailers or packaged boxes (“Delivery”). We provide Guests and Customers with access to our Website and Products as described below.

Guests have access to our Website to learn more about our Products. Guests can: (i) browse our Website and view content, (ii) contact our service center, and (iii) e-mail us.

Customers purchase Products from us. Customers of course have the same access as Guests but also have the choice to create and access a personal account, as well as post Customer Content.

As a valued Customer, you will be asked to provide a valid email address and/or phone number to allow us to provide you with important and timely updates on the status of your order.

 

PURCHASES MADE THROUGH THE WEBSITE:

On our Website, we provide you with important and detailed descriptions of our products. We attempt to be as accurate as possible with our descriptions of the Products. However, we make no warranties that Product descriptions and any of our Website content is error-free, accurate, complete, or fully reliable and current. If a Product offered by us is not as described, your sole remedy is to return it to us. We reserve the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice and we will not incur any obligation as a result of such change.

Using our standard shipping method, we ship Product to be delivered between 3-6 business days after ordering. Expedited shipping is also available to our Customers. All orders will be shipped using FedEx, UPS or USPS with a verified tracking number for online tracking. You can find our Shipping Policy on the Website at www.BarraAirguns.com/shippingpolicy. All shipping is tracked through a third party “Route” and you will be getting automatic notifications on your shipping through their service. Feel free to contact our service center at help@barraairguns.com or by calling 510-296-3250 with any questions. We are there for you.

All of our Products may be returned within 30 days of receiving them for a full hassle-free refund as is described in our Return Policy on our Website at www.BarraAirguns.com/ReturnPolicy.

 

SUBMITTING INFORMATION TO OUR SITES:

If you are under 18 years of age, please do not submit any information without the express consent and participation of a parent or guardian. To participate in our site activities (e.g., including online accounts, registrations, or contests) users may be asked to complete a registration process and will receive/select a "username" and password. You understand, acknowledge, and agree to provide, true, up-to-date, and accurate information. You are also responsible for maintaining the confidentiality of your personal information and the username and password received upon such registration on our Sites. You will be fully responsible for the accuracy of the information you provide, all uses of your registration, and for any activity that occurs under your password or account, whether or not authorized by you. You further agree to immediately notify us of any unauthorized use of your registration and/or password.

 

SIGN-IN NAME AND PASSWORD:

When you decide to register on the Website, you will be asked to create an account, which includes your e-mail address as a sign-in name (“Sign-In Name”), and a password (“Password”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Customer. You are responsible for the confidentiality and use of your Sign-In Name, and Password. Please let us know in a timely manner if you need to deactivate a Password or Sign-In Name. We reserve the right to delete or change your Password, or Sign-In Name at any time and for any reason.

 

CONTENT SUBMITTED BY USERS:

 By submitting any content to our Sites, you represent and warrant that:

  • You will comply with all applicable laws in your use of the Website.
  • You will not use the Website and the Products for any unlawful purpose.
  • You will not use the Website and the Products to collect any market research for a competing business.
  • You will not upload, post, e-mail, transmit, or otherwise make available any content that:
    • infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity;
    • is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence;
    • discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
  • You will not harass any person.
  • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • You will not attempt to decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Website or the Products.
  • You will not circumvent, remove, alter, deactivate, degrade, or thwart any of the protections in the Website, or the Products.
  • You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Website, or the Products, directly or indirectly, except for Internet search engines and non-commercial public archives.
  • You will not use, frame, or utilize framing techniques to enclose any Barra Airguns’ trademark, logo, or other proprietary information, including images, the Content and the design or lay-out in any form, without Barra Airguns’ express written consent.
  • You will not use meta tags or any other “hidden text” utilizing a Barra Airguns’ name, trademark, or Product name without Barra Airguns’ express written consent.
  • You will not take any action that imposes or may impose an unreasonable or disproportionately large load on our technical infrastructure, an assessment we can make in our sole discretion.
  • You will not interfere with or attempt to interrupt the proper operation of the Website and the Products through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website and the Products through hacking, password or data mining, or any other means.

Kindly let us know if you become aware of any potential or actual violation of our rules by calling our Customer Service at 510-296-3250.

We reserve the right, in our sole and absolute discretion, to deny access to the Website and the Products, or any portion of the Website and the Products, with or without notice, and to remove any comments that do not adhere to these rules.

 

PAYMENTS:

You acknowledge and agree that by ordering Products from us, you agree to pay the purchase price and all applicable charges. We may use a third-party payment vendor to process your payments. You warrant and represent that you are the valid owner or an authorized user, of the credit card or other payment card to us or such third-party payment vendor, and that all information you provide is accurate.

 

INTELLECTUAL PROPERTY:

The Website and the Products contain materials, such as text, graphics, images, sound recordings, audiovisual works, software and other material provided by or on behalf of Barra Airguns, herein - collectively referred to as the "Content". The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights to the Content, and you are not allowed to use the Content except as permitted under the Agreement. No other use is permitted without prior written consent from us. When consent is given, you must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the Content and the Products automatically terminates and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of Barra Airguns (“Barra Airguns Trademarks”) used and displayed on the Website and the Products are registered and unregistered trademarks or service marks of Barra Airguns. Other company, Product, and Product names located on the Website and the Products may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with the Barra Airguns Trademarks, the “Trademarks”). Nothing on the Website and the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Barra Airguns Trademarks inures to our benefit.

Elements of the Website and the Products are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

 

CUSTOMER CONTENT:

Customers may post and/or create content through the Website in the manner allowed by the Website, including but not limited to, reviews and comments about the Website and the Products (collectively, the “Customer Content”). We cannot and do not review all Customer Content and are acting as a passive conduit for distribution of the Customer Content to other users of the Website and the Services. We may however remove Customer Content that violates the terms of this Agreement, or that is offensive or otherwise unacceptable to us in our sole discretion.

You expressly acknowledge and agree that once you submit your Customer Content for inclusion into the Website and the Services, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Customer Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT BARRA AIRGUNS, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR CUSTOMER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITE.

You grant us a non-exclusive, royalty-free, sublicensable, transferable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or apply your Customer Content as reasonably necessary to provide the Website and the Services.

If you submit Customer Content to us, each such submission constitutes a representation and warranty to Barra Airguns that such Customer Content is your original creation (or that you otherwise have the right to provide the Customer Content), that you have the rights necessary to grant the license to the Customer Content under the prior paragraph, and that it and its use by Barra Airguns and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates the terms of this Agreement.

 

REPOSTING OF SOCIAL MEDIA CONTENT:

From time to time, Barra Airguns’ social media accounts may repost a consumer’s photos, experiences, or stories from their personal social media account. Barra Airguns will not repost your personal social media content (“User Generated Content” or “UGC”) without first obtaining your express written consent.

By agreeing to allow Barra Airguns to use your UGC, you represent and warrant that (i) you own all rights to the UGC and have the right to grant Barra Airguns a license to use the UGC (including any material embodied in the UGC), (ii) you have express permission from any person, living or dead, in the UGC to use their likeness, (iii) the UGC does not contravene or infringe on anyone else’s copyright or other intellectual property, moral rights, privacy or publicity rights, and (iv) the UGC does not in any way violate any law, or the applicable social media platform’s terms of use, privacy policy, or other applicable rules or conditions.

Furthermore, by agreeing to allow Barra Airguns to use your UGC, you agree to grant Barra Airguns an irrevocable, perpetual, non-exclusive, fully paid-up, royalty-free, sub-licensable license and right to reproduce, transmit, display, comment on, edit, modify, alter, exploit, create derivative works based upon, combine with other works (and all copyrights therein and thereto and all renewals and extensions thereof), and otherwise distribute the UGC and all elements of the UGC, including without limitation, the photo and the likeness of any persons embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission, notification, attribution, or restriction from you or any third party.

You hereby release, discharge and agree to hold Barra Airguns and any person acting on Barra Airguns’ behalf harmless from all claims, demands, and liabilities whatsoever in connection with use of the UGC.

 

COMMUNICATIONS WITH US:

When you email us, we request that you do not e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to feedback, questions, comments and suggestions, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information.

 

USE OF PERSONAL INFORMATION:

Your use of the Website and the purchase of Products may involve the transmission to us of certain personal identifiable information (“Personal Information”). Our policies with respect to the collection and use of such Personal Information are governed according to our Privacy Policy on our Website at www.BarraAirguns.com/privacypolicy, which is hereby incorporated by reference in its entirety.

 

NO WARRANTIES; LIMITATION OF LIABILITY:

THE WEBSITE, THE PRODUCTS, THE CONTENT AND THE CUSTOMER CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE PRODUCTS, OR THE CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE PRODUCTS DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.

THE WEBSITE AND THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE AND THE SERVICES. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AND THE SERVICES AT ANY TIME WITHOUT NOTICE.

WE RESERVE THE RIGHT TO CANCEL OR MODIFY AN ORDER WHERE IT APPEARS THAT A CUSTOMER HAS ENGAGED IN FRAUDULENT OR INAPPROPRIATE ACTIVITY OR UNDER OTHER CIRCUMSTANCES WHERE IT APPEARS THAT THE ORDER CONTAINS OR RESULTED FROM A MISTAKE OR ERROR.

YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCTS OR IN THE PRODUCT PACKAGING AND USER MANUALS BEFORE USING ANY PRODUCT PURCHASED FROM OUR WEBSITES.

EXTERNAL SITES:

The Website may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. If you decide to access linked External Sites, you do so at your own risk.

 

STIPULATIONS WITH REGARDS TO MINORS:

All purchases of Products must be made by adults 18 years of age or older, and all users who register with our Websites must be 18 years of age or older or provide parental consent (please see our Privacy Policy at www.BarraAriguns.com/privacypolicy.)

 

INDEMNIFICATION:

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of our Terms and Conditions; (ii) your misuse of the Content, the Website, or the Products; and (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right.

 

COMPLIANCE WITH APPLICABLE LAWS:

We sell our Product on our Website inside the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website, the Services or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

 

TERMINATION OF THE AGREEMENT:

We reserve the right, in our sole discretion, to restrict, suspend, or terminate your account, the Agreement and your access to all or any part of the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.

 

DIGITAL MILLENNIUM COPYRIGHT ACT:

Barra Airguns respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content or user submissions deemed to have been posted or distributed in violation of any such laws.

Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

Moab Ventures, LLC Attention: Josh Isabell
11427 N Hwy 59 Gravette, AR 72736 josh@moab-us.com

If you believe that your work has been copied on the Website and/or the Services in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

 

BINDING ARBITRATION:

In the event of a dispute arising under or relating to this Agreement or the Products or any other products or services provided by us (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”) in force at the time such arbitration is commenced, except as specifically provided below. The arbitration panel shall consist of three (3) arbitrators. Each party shall nominate an arbitrator within fourteen (14) days of the request for arbitration. If either party fails to nominate an arbitrator, the AAA shall appoint such arbitrator within seven (7) days of notice of a party’s failure to appoint an arbitrator within the required period. The two party-nominated arbitrators shall together agree upon the nomination of the third arbitrator within thirty (30) days after the nomination of the second arbitrator. If the two party-nominated arbitrators are unable to agree on the nomination of the third arbitrator within the thirty (30) day period, the AAA shall appoint the third arbitrator within seven (7) days thereafter. The third arbitrator, however appointed, shall serve as Chairperson of the Tribunal. All disputes concerning or relating to arbitrability of Disputes under this Agreement or the jurisdiction of the arbitrators shall be resolved by the arbitrators. The site of arbitration shall be Miami, Florida. The arbitration proceedings shall be confidential. The award shall be rendered in writing and shall set forth in reasonable detail the facts of the dispute and the reasons for the panel’s decision. In the award, the panel shall apportion the costs and expenses of the arbitration. The award rendered in any arbitration commenced hereunder shall be final and conclusive and binding upon the parties on the date it is rendered. The parties undertake to implement any award rendered by the panel and judgment upon the award may be entered in any court of competent jurisdiction.

 

CLASS ACTION WAIVER:

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS CUSTOMER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

MISCELLANEOUS:

This Agreement is governed by the internal substantive laws of the State of Delaware, without respect to its conflict of law provisions. If the Agreement is terminated in accordance with the Termination provision above, such termination shall not affect the validity of the following provisions of the Agreement, which shall remain in full force and effect: “Payments”, “Intellectual Property,” “Customer Content”, “Reposting of Your Social Media Content”, “Communications with Us,” “No Warranties; Limitation of Liability,”, External Sites”, “Indemnification,” “Termination of the Agreement,” “Binding Arbitration,” “Class Action Waiver,” and “Miscellaneous.”

Barra Airguns is under no obligation to accept any individual as a Customer and may accept or reject Customers in its sole and complete discretion.

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in the Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.

Except as expressly agreed by us and you in writing, the Agreement constitutes the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.

The section headings are provided merely for convenience and shall not be given any legal import. The Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

These Terms and Condition were last updated on February 18, 2021.
Copyright 2020 Barra Airguns. All rights reserved.