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Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Bada Boom Guns LLC. The collective work includes works that are licensed to Bada Boom Guns LLC. Copyright 2003, Bada Boom Guns LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Bada Boom Guns LLC or purchasing Bada Boom Guns LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Bada Boom Guns LLC or to purchase Bada Boom Guns LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Bada Boom Guns LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site. Trademarks All trademarks, service marks and trade names of Bada Boom Guns LLC used in the site are trademarks or registered trademarks of Bada Boom Guns LLC Warranty Disclaimer Limited Warranty Terms and Conditions Bada Boom Guns, LLC. / Davidson’s, Inc. (“Davidson’s”) warrants to you that if any firearm sold by Davidson’s ever becomes defective, Davidson’s will replace the firearm at no charge, subject to the conditions set forth below. This warranty applies only if Davidson’s sold the firearm to the licensed firearms dealer (Bada Boom Guns, LLC.) from which you purchased it and the warranty extends only to the original purchaser from that dealer. This warranty applies only to firearms that are not regulated by The National Firearms Act of 1934, its amendments and rulings. This warranty does not cover any other type of merchandise. In order to be eligible for warranty coverage, within 30 days from date of purchase the original purchaser must complete the warranty registration online at www.galleryofguns.com. If Davidson’s determines that your firearm satisfies the conditions for warranty coverage under this limited warranty, Davidson’s will, at no charge, replace the firearm with the same model. If no replacement is available, Davidson’s will repair the firearm if the firearm can be repaired, as determined by Davidson’s in its sole discretion. If the no replacement is available and Davidson’s determines that the firearm cannot be repaired, Davidson’s will replace your nonperforming or defective firearm with a firearm that, in Davidson sole determination, is substantially similar to the your firearm. This warranty extends to any and all parts of the firearm as originally sold by us, but does not extend to any firearm that is altered or rebuilt after original purchase, damaged through abuse, misuse or lack of proper care and maintenance, or used other than for its legal intended purposes. To obtain performance under this warranty, you must return the nonperforming or defective firearm to the licensed firearms dealer from which you purchased and pay the cost of shipping the product to Davidson's. TO AVOID VIOLATION OF STATE AND FEDERAL LAWS, DO NOT SHIP THE FIREARM DIRECTLY TO DAVIDSON’S. If the dealer, (Bada Boom Guns, LLC.) is no longer in business, you may contact us directly at Davidson's, Inc., 2625 Stearman Road, Prescott, Arizona 86301, 928-776-8055, to arrange for you to deliver the firearm to another licensed firearms dealer. DAVIDSON'S LIABILITY FOR BREACH OF ANY WARRANTY WITH RESPECT TO A FIREARM SHALL BE LIMITED TO REPLACING OR REPAIRING THE NONPERFORMING OR DEFECTIVE FIREARM AS DESCRIBED IN THIS LIMITED WARRANTY. THIS LIMITED WARRANTY SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO A NONPERFORMING OR DEFECTIVE FIREARM, AND. DAVIDSON’S WILL NOT BE LIABLE FOR ANY OTHER DAMAGES, INCLUDING DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DIMUNITION IN VALUE DUE TO REPAIR OR REPLACEMENT WITH A DIFFERENT FIREARM. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. *BRAND NEW GUN: If no replacement is available and your firearm can be repaired, we will send your firearm to the factory or an authorized warranty station for repair. Some manufacturers run up to 120 days in processing repairs. ◊ Limitation of Liability Bada Boom Guns LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Bada Boom Guns LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Typographical Errors In the event that a Bada Boom Guns LLC product is mistakenly listed at an incorrect price, Bada Boom Guns LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Bada Boom Guns LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Bada Boom Guns LLC shall issue a credit to your credit card account in the amount of the incorrect price. Term; Termination These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Bada Boom Guns LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. Notice Bada Boom Guns LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Bada Boom Guns LLC. Miscellaneous Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Bada Boom Guns LLC products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Bada Boom Guns LLC products) must be commenced within one (1) year after the claim or cause of action arises. Bada Boom Guns LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Bada Boom Guns LLC may assign its rights and duties under this Agreement to any party at any time without notice to you. Use of Site Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Bada Boom Guns LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. Participation Disclaimer Bada Boom Guns LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Bada Boom Guns LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Bada Boom Guns LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Bada Boom Guns LLC in its sole discretion. Indemnification You agree to indemnify, defend, and hold harmless Bada Boom Guns LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account. Third-Party Links In an attempt to provide increased value to our visitors, Bada Boom Guns LLC may link to sites operated by third parties. However, even if the third party is affiliated with Bada Boom Guns LLC, Bada Boom Guns LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Bada Boom Guns LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Bada Boom Guns LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work). |