CUSTOMER TERMS AND CONDITIONS OF USE
(Effective Date: September 1, 2020)
Welcome to Towers Armory LLC Online. These Terms and Conditions of Use (“Terms of Use”) govern the use of Towers Armory Online and the website, Towersarmory.com, including any content, functionality, and services offered on or through the Towersarmory.com website (collectively, the “Website”). Towers Armory LLC. (“Towers Armory LLC,” “we,” “our,” or “us”) owns and operates the Website.
Use of the Website by CUSTOMERS. Towers Armory LLC does not sell firearms and ship to customer’s home address po box or anywhere other than a Federal Firearms Licensed dealer. Federal law prohibits the interstate sale of firearms to persons or entities that do not have a valid Federal Firearms License issued by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”). Accordingly, only firearms dealers that have a Federal Firearms License (a “Licensed Dealer”) may purchase goods or services utilizing the Website and send it to the address on the FFL license. By your use of the Website, you represent to Towers Armory LLC that you are an online customer and not a duly authorized employee or agent of a federal firearms licensee. (When used in these Terms of Use, “you” shall include any user of the Website, both individually and on behalf of a Licensed Dealer with which such user is affiliated.) You are responsible for providing the contact information of the Licensed FFL and agree that until the FFL information is verified any Order will be delayed until such time that verification of the FFL can be completed to the satisfaction of Towers Armory LLC and all federal and State standards.
You should also review the Website’s Privacy Policy and Terms of Sale. The Privacy Policy explains our information collection practices, such as the types of information we collect regarding visitors to the Website and how we may use that information. The Terms of Sale govern the purchase of goods or services utilizing the Website.
BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE, THE PRIVACY POLICY AND THE TERMS OF SALE. IF YOU DO NOT AGREE TO ALL OF THE PROVISIONS SET FORTH IN THESE TERMS OF USE, THE PRIVACY POLICY OR THE TERMS OF SALE, DO NOT USE THIS WEBSITE. By use of the Website, each individual user hereby affirms that he or she is at least 18 years of age and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and each user hereby agrees to abide by and comply with these Terms of Use.
Compliance with Federal, State and Local Laws. Towers Armory LLC makes no covenant, warranty or representation that firearms and other products identified on the Website will conform to any federal, state or local laws, ordinances, regulations, codes or standards related to the sale and use of firearms or any products sold through Towers Armory LLC. Firearms and all other products shown on the Website are not an offer to ship the firearm or any other product to any jurisdiction where its sale is prohibited by law. Because of legal restrictions, not all firearms or accessories listed on the Website are available for purchase in all areas. Also, attaching certain accessories to a firearm may render it prohibited in certain states and locales. It is the responsibility of each customer using the Website to assure that the purchase, ownership and resale of a firearm or accessories is made in compliance with all federal, state and local laws, ordinances, regulations, codes and standards. It is also such a customer's responsibility to determine whether state and local laws, ordinances, regulations, codes and standards allow customers to install specific accessories on a firearm.
Firearms and certain other products identified on the Website have specific age restrictions with respect to ownership or use. These restrictions may be based on product specifications or state of residence or delivery. Such products may be limited as to ownership or use by individuals who are at least 18 or 21 years of age. You hereby acknowledge and agree that it is the responsibility of each customer to remain informed on any and all such restrictions that may apply to customers.
Account Information and Registration. In order to have access to certain services on the Website each customer will be required to create a towersarmory.com customer account (“customer account”). Whenever a customer account is required to access functionality or services on the Website, you may not share your customer account with, or use the customer account of, another customer.
When creating or updating your customer account, you agree to provide accurate, current and complete information about you, the customer (“Registration Information”) you will be using during the purchase process as prompted by our Website. Registration Information may include, among other information, your name address, telephone numbers, e-mail address, username, password, dates of birth, and credit card information. You represent that we may rely on Registration Information relating to your FFL Dealer that is provided by you and you agree to maintain and update all Registration Information relating to your customer account to keep it accurate, current and complete. We reserve the right, in our sole and absolute discretion, to discontinue any requested process and/or to terminate your customer account for inaccurate, untrue, deceptive and/or incomplete Registration Information. Without limiting the foregoing, we may immediately terminate your customer account without notice if we determine that you are not using a Licensed FFL Dealer or otherwise fail to satisfy any condition required for the creation or use of a customer account.
With respect to any username that you create as part of the registration process, we may refuse to grant you the use of a username that, in our sole and absolute discretion, we deem to be inappropriate. Inappropriate usernames include, but are not limited to, usernames that are fashioned to impersonate another person, protected by copyright, trademark or other proprietary rights, vulgar or otherwise offensive, as well as those that may cause confusion or that are already in use. These are only some examples of inappropriate usernames and we reserve the right, at our own discretion, to deem any username invalid or inappropriate.
You are responsible for maintaining the confidentiality of your username and password, for restricting access to your customer account, and for any and all transactions, communications, and other activities that are conducted through your customer account on the Website. You agree not to transfer, assign or sell your username and/or password, or otherwise provide access to the Website, through the disclosure and use of your username and password, to any third party. If you have reason to believe that your customer account is no longer secure, you must promptly change your password and contact us.
Use of Third Party Information and Websites. The Website contains links that you may use to access certain third-party websites. Such websites are not under our control, and we make no representations or warranties, express or implied, as to the accuracy of any of the information or material located on the other websites. The inclusion of a link to another website does not imply any recommendation or endorsement of, or affiliation with, the other website. When you leave towersarmory.com and visit another website, we encourage you to first read the terms and conditions and the privacy policy of the new website, as your use of that website will be subject to the terms and policies applicable to it.
In limited circumstances we allow advertisers (each, an “Advertiser”) to promote goods, services and other materials on the Website. Descriptions of, or references to, related products or publications within the Website do not imply endorsement of the product or publication by Towers Armory LLC. Your dealings with an Advertiser found on or through the Website are solely at your risk, and Towers Armory LLC will not be responsible or liable for any resulting loss or damage of any sort incurred by you or your company. You should carefully review all policies and practices before you engage in any business dealings with an Advertiser. Any complaints, concerns or questions you may have relating to materials provided by an Advertiser should be directed to the Advertiser.
Changes in Prices and Product Information. We reserve the right to add, change, modify, suspend or discontinue any portion of the Website or the products offered at any time. Prices and specifications for any products located on the Website are subject to change by Towers Armory LLC without notice. Product descriptions are provided by the manufacturer of the item and Towers Armory LLC does not warrant that product descriptions are accurate, complete, reliable, current, or error-free. Typographic, photographic, pricing, and descriptive errors are subject to correction and we will not be liable for any errors or omissions. All prices on the Website are quoted in U.S. Dollars.
Towers Armory LLC does not ship to any address outside of the United States.
Comments and Submissions. You may submit comments and feedback by email and through the Website’s Contact Us feature. From time to time the Website may provide other functionality to give you a means to express to us your opinions or share information, ideas, materials, photographs, and other content generated by you (each, together with any electronically submitted comments and feedback, a “User Submission”). You agree that you are solely responsible for any User Submission that you submit through the Website or directly to Towers Armory LLC (including by email). You warrant to Towers Armory LLC that you own or otherwise control all rights necessary to provide each such User Submission made by you, and you covenant that, with respect to each such User Submission, (a) it will not contain your confidential information or any confidential information belonging to another; (b) it is accurate and will not cause injury to any person or entity; (c) you shall have all necessary rights and permission to make such submission; and (d) it does not infringe upon or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy, or any other proprietary rights. You agree to indemnify Towers Armory LLC for all claims resulting from any User Submission you supply. Towers Armory LLC has the right, but not the obligation, to monitor and edit or remove any User Submission at our absolute discretion. Towers Armory LLC takes no responsibility and assumes no liability for any User Submission supplied by you or any third party.
By making any User Submission (including by e-mail) you waive any claim or requirement that we maintain the User Submission in confidence or compensate you in any way for our use of all or any part of the User Submission. Furthermore, you grant to Towers Armory LLC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, broadcast, translate, create derivative works from, distribute, display and otherwise exercise all rights in and to such submission, through the Website or otherwise, in any form, media, or technology now known or later developed, and, to the fullest extent permitted by law, you waive your moral rights in such User Submission.
Proprietary Rights to Website Content. The use of the Website by you confers no license, express or implied, under any patents, copyrights, know-how, or technology. The content of the Website consists of (a) textual information, articles, opinions, directories, guides, and other text, graphics, photographs, illustrations, images, video and audio clips, music, advertising and promotional materials, data compilations, software, designs, button icons, and the graphical and non-graphical user interface of the Website, all of which are protected by U.S. and international copyright laws and are the property of Towers Armory LLC or its content suppliers; (b) trademarks, logos, trade names, service marks, trade identities, and the domain names and URLs associated therewith, whether registered or unregistered (collectively the “Trademarks”), all of which are owned by Towers Armory LLC or its content suppliers; and (c) other forms of intellectual property (all of the foregoing collectively and individually are referred to as “Website Content”). The compilation of all Website Content included in or made available through the Website is the exclusive property of Towers Armory LLC and protected by U.S. and international copyright laws. The Trademarks may not be used in connection with any product or service by you in a manner that is likely to cause confusion in the marketplace, nor may the Trademarks be used in any manner that disparages or discredits Towers Armory LLC. All Trademarks not owned by Towers Armory LLC that appear in the Website Content are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Towers Armory LLC. You do not acquire any ownership rights in any Website Content by using the Website or by virtue of downloading, printing, or using Website Content.
Use of the Website. You agree to use the Website only for lawful purposes and in a manner consistent with all local, state, national, and international laws, statutes, and regulations applicable to your use of the Website. Subject to your compliance with these Terms of Use, Towers Armory LLC or its content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and authorized business use of this Website and all of the Website Content, and you may download or copy Website Content only for such limited purposes. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any Website Content, except as may be expressly authorized by Towers Armory LLC in writing. Towers Armory LLC reserves the right to monitor the Website for conduct in violation of these Terms of Use and specifically disclaims all responsibility or liability for its acts or omissions in doing so.
While using the Website, you agree that you will not (a) attempt to breach the security or authentication measures of any portion of the Website; (b) circumvent any technical measures we use to provide any feature or functionality of the Website; (c) access Website Content or log into a server that you are not authorized to access; (d) attempt to probe, scan, or test the vulnerability of a system or network without proper authorization; (e) attempt to interfere with or disrupt the Website or the servers or networks that support the Website; (f) interfere with any other user’s ability to access or use the Website, including, without limitation, by means of hacking or defacing any portion of the Website; (g) submit or distribute any virus, worm, spyware, malware, or any other computer code, file, program or technologies that may or is intended to harm, or otherwise interfere with, the operation of the Website, or the interests or property of any user of or content supplier to the Website; (h) log into an Account that you are not authorized to access; (i) impersonate any person or entity, misrepresent your affiliation with any person or entity, or use any means to disguise the origin of any User Submissions to us or through the Website; (j) state or imply that we endorse any statement made by you; (k) submit through the Website or directly to Towers Armory LLC anything that is or may be: harmful, threatening, abusive, harassing, degrading, hateful, intimidating, defamatory, libelous, disparaging of any person or entity, misleading, false, fraudulent, tortious; obscene, indecent, pornographic, vulgar, profane, or sexually explicit; intended to promote violence, racial hatred, terrorism or illegal acts; infringing, or in violation or misappropriation of, any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property rights of any third party; (l) use any site search/retrieval application, robot, spider, or other manual or automatic device or process intended to retrieve, index or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents; (m) use the Website in any way that would adversely affect Towers Armory LLC or reflect negatively on Towers Armory LLC’s goodwill, name or reputation; (n) “frame” or “mirror” or utilize any framing techniques to enclose any part of the Website Content; (o) use metatags, code or any “hidden text” or devices containing any reference to Towers Armory LLC or the Website, or utilizing the Trademarks, in order to direct any person to any other website for any purpose; (p) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or any software used on or for the Website; or (q) assist others to do any of the foregoing.
Website Promotions. Towers Armory LLC periodically uses the Website to host contests and auctions, and undertakes similar activities, to promote products or causes of certain manufacturers, charities and third-parties (each, a “Promotion”). A Promotion may include rules of participation or other terms that will be accessible to you through the Website. All participation and other terms relating to a Promotion shall be deemed incorporated into and form a part of these Terms of Use. If you choose to participate in a Promotion, you should review the rules of participation and other terms related to such Promotion to determine if your participation is appropriate or allowed.
Indemnification. You agree to defend, indemnify and hold Towers Armory LLC and its subsidiaries, affiliates, officers, parent companies, agents, co-branders or other partners, and employees harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your breach of these Terms of Use by you or someone acting under your control.
Disclaimer and Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Towers Armory LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Without limiting the foregoing, Towers Armory LLC disclaims any and all warranties, express or implied, for any merchandise offered on this site. This disclaimer does not apply to any product warranty offered by the manufacturer of any item offered on the Website and does not serve to disclaim Towers Armory LLC warranties to the extent coverage under such program is applicable to a particular purchase transaction arranged through the Website. Additional warranty information and warranty claim procedures are set forth in the Terms of Sale and should be reviewed by each user prior to purchasing any services or products through the Website.
The Website is provided on an “AS IS” and “AS AVAILABLE” basis. Towers Armory LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, WEBSITE CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. Under no circumstances, shall Towers Armory LLC or any of its employees, directors, officers, agents, vendors or suppliers be liable for any direct or indirect losses or damages of any kind arising from the use of the Website, including, but not limited to direct, indirect, incidental, punitive, special, incidental and consequential damages arising out of or in connection with the use of or inability to use the Website. If you are dissatisfied with the Website or any Website Content, or with the Terms of Use, by use of the Website you agree that your sole and exclusive remedy is to discontinue using the Website.
Some jurisdictions may not allow the exclusion of implied or other warranties, or the limitation on liability described above, so the above exclusions and limitation on liability may not apply to you. IF ANY SUCH EXCLUSIONS OR LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF Towers Armory LLC UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE PRICE PAID BY YOU FOR THE SPECIFIC PRODUCTS OR PORTION OF THE PRODUCTS PROVIDED BY Towers Armory LLC GIVING RISE TO YOUR CLAIM OR CAUSE OF ACTION, AND YOU SHALL INDEMNIFY Towers Armory LLC FOR ANY COSTS, EXPENSES OR DAMAGES INCURRED BY Towers Armory LLC IN EXCESS THEREOF.
Notice and Procedure for Making Complaints Regarding Website Content. If you are a copyright owner and believe that any User Submission or Website Content infringes upon your copyrights, you may submit a notification to our Copyright Agent of your claims of copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). To comply with the DMCA, please provide the following information with your notice:
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The name of the owner of the exclusive right that is allegedly infringed, along with the name, address, telephone number, e-mail address, and a physical or electronic signature of a person authorized to act on behalf of the owner;
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A description of the exclusive right claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works on the Website;
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Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Towers Armory LLC to locate the material, such as the URL or a description of where the alleged infringing material is located on the Website;
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A statement by the person authorized to act on behalf of the owner that the authorized person has a good faith belief that use of the material in the manner complained of is not authorized by the owner of the exclusive right, its agent, or the law; and
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A statement by the person authorized to act on behalf of the owner that the information in the notification is accurate, and under penalty of perjury, that the authorized person is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Towers Armory LLC Copyright Agent for notice of claims of copyright or other intellectual property infringement, can be reached as follows:
By US Postal Service:
Towers Armory LLC.
Attention: Legal Department
1469 Towers rd
Oregon, OH 43616
Electronic Communication. You acknowledge that when you use this Website or send emails, text messages, and other communications to Towers Armory LLC, you are communicating with Towers Armory LLC electronically. You consent to receive communications from Towers Armory LLC electronically. You agree that all agreements, notices, disclosures, and other communications that Towers Armory LLC provides to you electronically satisfy any legal requirement that such communications be in writing.
Enforcement and Termination. Towers Armory LLC reserves the right to use any technological, legal, operational, or other means available to enforce the terms and provisions of these Terms of Use, including without limitation, blocking specific IP addresses or access to this Website using your email address, user name or password. If you have an Account you may discontinue your use of your Account at any time. We may terminate your Account or use of the Website at any time and may do so immediately, without notice, if you fail to comply with any term or provision of these Terms of Use as determined by Towers Armory LLC in its sole discretion.
Governing Law. You agree that these Terms of Use shall be governed by, and construed in accordance with, the laws of the State of Arizona, without regard to principles of conflicts of law. By your use of the Website you consent to the personal jurisdiction of the state and federal courts located in Arizona for adjudication of any claim or dispute related to these terms or to firearms or other products sold by Towers Armory LLC. You further agree that the state or federal courts in Arizona will be the exclusive venue for adjudication of any such claim or dispute.
Modifications of these Terms and the Agreement. Towers Armory LLC reserves the right, at any time and for any reason in its sole discretion, to change, modify, or amend these Terms or Use. Any such change, modification or amendment will be posted on the Website, and will specify its effective date. Therefore, you should review these Terms of Use prior to using the Website. Your use of the Website after these Terms of Use are changed, modified or amended byTowers Armory LLC will signify your agreement to be bound by such changed, modified or amended Terms of Use. you agree that all incorrect pricing that results in a $0.00 item will be canceled and not sold. If an item is to be listed for $0.00 it will be marked FREE $0.00
Other Terms. All rights and remedies of Towers Armory LLC in these Terms of Use are in addition to, and not in lieu of, any rights or remedies that Towers Armory LLC may have at law or in equity. These Terms of Use supersede all other communications, negotiations and prior oral or written statements regarding the subject matter of these Terms of Use. If any provision of these Terms of Use is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. No change, modification, rescission, discharge, abandonment, or waiver of these Terms of Use shall be binding upon Towers Armory LLC unless made in writing and signed on its behalf by its duly authorized representative. No conditions, usage or trade, course of dealing or performance, understanding, or agreement purporting to modify, vary, explain, or supplement these Terms of Use shall be binding unless hereafter made in writing and signed by Towers Armory LLC duly authorized representative. All typographical or clerical errors made by Towers Armory LLC in any quotation, acknowledgment or publication are subject to correction. These Terms of Use shall not be construed against the party preparing them, but shall be construed as if all parties jointly prepared these terms and any uncertainty or ambiguity shall not be interpreted against any one party.
These Terms of Use, together with the Privacy Policy and the Terms of Sale, constitute the entire understanding and agreement between you and Towers Armory LLC relating to the Website, your use of the Website and services provided by the Website, and these Terms of Use supersede any and all prior or inconsistent understandings.
If you have questions about these Terms of Use you may contact us by visiting Contact Us or at:
Towers Armory LLC
1469 Towers Rd
Oregon, OH 43616
DEALER TERMS AND CONDITIONS OF USE
(Effective Date: September 1, 2020)
Welcome to Towers Armory LLC Online. These Terms and Conditions of Use (“Terms of Use”) govern the use of Towers Armory Online and the website, Towersarmory.com, including any content, functionality, and services offered on or through the Towersarmory.com website (collectively, the “Website”). Towers Armory LLC. (“Towers Armory LLC,” “we,” “our,” or “us”) owns and operates the Website.
Use of the Website by Licensed Dealers. Towers Armory LLC does not sell firearms to consumers on the Website. Federal law prohibits the interstate sale of firearms to persons or entities that do not have a valid Federal Firearms License issued by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”). Accordingly, only firearms dealers that have a Federal Firearms License (a “Licensed Dealer”) may purchase goods or services utilizing the Website. By your use of the Website, you represent to Towers Armory LLC that you are a Licensed Dealer or its duly authorized employee or agent. (When used in these Terms of Use, “you” shall include each user of the Website, both individually and on behalf of the Licensed Dealer with which such user is affiliated.)
You should also review the Website’s Privacy Policy and Terms of Sale. The Privacy Policy explains our information collection practices, such as the types of information we collect regarding visitors to the Website and how we may use that information. The Terms of Sale govern the purchase of goods or services utilizing the Website.
BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE, THE PRIVACY POLICY AND THE TERMS OF SALE. IF YOU DO NOT AGREE TO ALL OF THE PROVISIONS SET FORTH IN THESE TERMS OF USE, THE PRIVACY POLICY OR THE TERMS OF SALE, DO NOT USE THIS WEBSITE. By use of the Website, each individual user hereby affirms that he or she is at least 18 years of age and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and each user hereby agrees to abide by and comply with these Terms of Use.
Compliance with Federal, State and Local Laws. Towers Armory LLC makes no covenant, warranty or representation that firearms and other products identified on the Website will conform to any federal, state or local laws, ordinances, regulations, codes or standards related to the sale and use of firearms. Firearms shown on the Website are not an offer to ship the firearm to any jurisdiction where its sale is prohibited by law. Because of legal restrictions, not all firearms listed on the Website are available for purchase in all areas. Also, attaching certain accessories to a firearm may render it prohibited in certain states and locales. It is the responsibility of each Licensed Dealer using the Website to assure that the purchase, ownership and resale of a firearm is made in compliance with all federal, state and local laws, ordinances, regulations, codes and standards. It is also such Licensed Dealer’s responsibility to determine whether state and local laws, ordinances, regulations, codes and standards allow the Licensed Dealer or its customer to install specific accessories on a firearm.
Firearms and certain other products identified on the Website have specific age restrictions with respect to ownership or use. These restrictions may be based on product specifications or state of residence or delivery. Such products may be limited as to ownership or use by individuals who are at least 18 or 21 years of age. You hereby acknowledge and agree that it is the responsibility of each Licensed Dealer to remain informed on any and all such restrictions that may apply to the Licensed Dealer or its customers.
Account Information and Registration. In order to have access to certain services on the Website each Licensed Dealer will be required to create a towersarmory.com dealer account (“Dealer Account”). Whenever a Dealer Account is required to access functionality or services on the Website, you may not share your Dealer Account with, or use the Dealer Account of, another Licensed Dealer.
When creating or updating your Dealer Account, you agree to provide accurate, current and complete information about the Licensed Dealer and its authorized employees and agents (“Registration Information”) as prompted by our account registration form. Registration Information may include, among other information, your name and the name of other individuals authorized to act on behalf of the Licensed Dealer, Federal Firearms License information, addresses, telephone numbers, e-mail addresses, username, password, dates of birth, and credit card information. You represent that we may rely on Registration Information relating to your Dealer Account that is provided by you and you agree to maintain and update all Registration Information relating to your Dealer Account to keep it accurate, current and complete. We reserve the right, in our sole and absolute discretion, to discontinue any requested process and/or to terminate your Dealer Account for inaccurate, untrue, deceptive and/or incomplete Registration Information. Without limiting the foregoing, we may immediately terminate your Dealer Account without notice if we determine that you are not a Licensed Dealer or otherwise fail to satisfy any condition required for the creation or use of a Dealer Account.
With respect to any username that you create as part of the registration process, we may refuse to grant you the use of a username that, in our sole and absolute discretion, we deem to be inappropriate. Inappropriate usernames include, but are not limited to, usernames that are fashioned to impersonate another person, protected by copyright, trademark or other proprietary rights, vulgar or otherwise offensive, as well as those that may cause confusion or that are already in use. These are only some examples of inappropriate usernames and we reserve the right, at our own discretion, to deem any username invalid or inappropriate.
You are responsible for maintaining the confidentiality of your username and password, for restricting access to your Dealer Account, and for any and all transactions, communications, and other activities that are conducted through your Dealer Account on the Website. You agree not to transfer, assign or sell your username and/or password, or otherwise provide access to the Website, through the disclosure and use of your username and password, to any third party. If you have reason to believe that your Dealer Account is no longer secure, you must promptly change your password and contact us.
Use of Third Party Information and Websites. The Website contains links that you may use to access certain third-party websites. Such websites are not under our control, and we make no representations or warranties, express or implied, as to the accuracy of any of the information or material located on the other websites. The inclusion of a link to another website does not imply any recommendation or endorsement of, or affiliation with, the other website. When you leave towersarmory.com and visit another website, we encourage you to first read the terms and conditions and the privacy policy of the new website, as your use of that website will be subject to the terms and policies applicable to it.
In limited circumstances we allow advertisers (each, an “Advertiser”) to promote goods, services and other materials on the Website. Descriptions of, or references to, related products or publications within the Website do not imply endorsement of the product or publication by Towers Armory LLC. Your dealings with an Advertiser found on or through the Website are solely at your risk, and Towers Armory LLC will not be responsible or liable for any resulting loss or damage of any sort incurred by you or your company. You should carefully review all policies and practices before you engage in any business dealings with an Advertiser. Any complaints, concerns or questions you may have relating to materials provided by an Advertiser should be directed to the Advertiser.
Changes in Prices and Product Information. We reserve the right to add, change, modify, suspend or discontinue any portion of the Website or the products offered at any time. Prices and specifications for any products located on the Website are subject to change byTowers Armory LLC without notice. Product descriptions are provided by the manufacturer of the item and Towers Armory LLC does not warrant that product descriptions are accurate, complete, reliable, current, or error-free. Typographic, photographic, and descriptive errors are subject to correction and we will not be liable for any errors or omissions. All prices on the Website are quoted in U.S. Dollars.
Comments and Submissions. You may submit comments and feedback by email and through the Website’s Contact Us feature. From time to time the Website may provide other functionality to give you a means to express to us your opinions or share information, ideas, materials, photographs, and other content generated by you (each, together with any electronically submitted comments and feedback, a “User Submission”). You agree that you are solely responsible for any User Submission that you submit through the Website or directly to Towers Armory LLC (including by email). You warrant to Towers Armory LLC that you own or otherwise control all rights necessary to provide each such User Submission made by you, and you covenant that, with respect to each such User Submission, (a) it will not contain your confidential information or any confidential information belonging to another; (b) it is accurate and will not cause injury to any person or entity; (c) you shall have all necessary rights and permission to make such submission; and (d) it does not infringe upon or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy, or any other proprietary rights. You agree to indemnify Towers Armory LLC for all claims resulting from any User Submission you supply. Towers Armory LLC has the right, but not the obligation, to monitor and edit or remove any User Submission at our absolute discretion. Towers Armory LLC takes no responsibility and assumes no liability for any User Submission supplied by you or any third party.
By making any User Submission (including by e-mail) you waive any claim or requirement that we maintain the User Submission in confidence or compensate you in any way for our use of all or any part of the User Submission. Furthermore, you grant to Towers Armory LLC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, broadcast, translate, create derivative works from, distribute, display and otherwise exercise all rights in and to such submission, through the Website or otherwise, in any form, media, or technology now known or later developed, and, to the fullest extent permitted by law, you waive your moral rights in such User Submission.
Proprietary Rights to Website Content. The use of the Website by you confers no license, express or implied, under any patents, copyrights, know-how, or technology. The content of the Website consists of (a) textual information, articles, opinions, directories, guides, and other text, graphics, photographs, illustrations, images, video and audio clips, music, advertising and promotional materials, data compilations, software, designs, button icons, and the graphical and non-graphical user interface of the Website, all of which are protected by U.S. and international copyright laws and are the property of Towers Armory LLC or its content suppliers; (b) trademarks, logos, trade names, service marks, trade identities, and the domain names and URLs associated therewith, whether registered or unregistered (collectively the “Trademarks”), all of which are owned by Towers Armory LLC or its content suppliers; and (c) other forms of intellectual property (all of the foregoing collectively and individually are referred to as “Website Content”). The compilation of all Website Content included in or made available through the Website is the exclusive property of Towers Armory LLC and protected by U.S. and international copyright laws. The Trademarks may not be used in connection with any product or service by you in a manner that is likely to cause confusion in the marketplace, nor may the Trademarks be used in any manner that disparages or discredits Towers Armory LLC. All Trademarks not owned by Towers Armory LLC that appear in the Website Content are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Towers Armory LLC. You do not acquire any ownership rights in any Website Content by using the Website or by virtue of downloading, printing, or using Website Content.
Use of the Website. You agree to use the Website only for lawful purposes and in a manner consistent with all local, state, national, and international laws, statutes, and regulations applicable to your use of the Website. Subject to your compliance with these Terms of Use, Towers Armory LLC or its content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and authorized business use of this Website and all of the Website Content, and you may download or copy Website Content only for such limited purposes. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any Website Content, except as may be expressly authorized by Towers Armory LLC in writing. Towers Armory LLC reserves the right to monitor the Website for conduct in violation of these Terms of Use and specifically disclaims all responsibility or liability for its acts or omissions in doing so.
While using the Website, you agree that you will not (a) attempt to breach the security or authentication measures of any portion of the Website; (b) circumvent any technical measures we use to provide any feature or functionality of the Website; (c) access Website Content or log into a server that you are not authorized to access; (d) attempt to probe, scan, or test the vulnerability of a system or network without proper authorization; (e) attempt to interfere with or disrupt the Website or the servers or networks that support the Website; (f) interfere with any other user’s ability to access or use the Website, including, without limitation, by means of hacking or defacing any portion of the Website; (g) submit or distribute any virus, worm, spyware, malware, or any other computer code, file, program or technologies that may or is intended to harm, or otherwise interfere with, the operation of the Website, or the interests or property of any user of or content supplier to the Website; (h) log into an Account that you are not authorized to access; (i) impersonate any person or entity, misrepresent your affiliation with any person or entity, or use any means to disguise the origin of any User Submissions to us or through the Website; (j) state or imply that we endorse any statement made by you; (k) submit through the Website or directly to Towers Armory LLC anything that is or may be: harmful, threatening, abusive, harassing, degrading, hateful, intimidating, defamatory, libelous, disparaging of any person or entity, misleading, false, fraudulent, tortious; obscene, indecent, pornographic, vulgar, profane, or sexually explicit; intended to promote violence, racial hatred, terrorism or illegal acts; infringing, or in violation or misappropriation of, any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property rights of any third party; (l) use any site search/retrieval application, robot, spider, or other manual or automatic device or process intended to retrieve, index or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents; (m) use the Website in any way that would adversely affect Towers Armory LLC or reflect negatively on Towers Armory LLC’s goodwill, name or reputation; (n) “frame” or “mirror” or utilize any framing techniques to enclose any part of the Website Content; (o) use metatags, code or any “hidden text” or devices containing any reference to Towers Armory LLC or the Website, or utilizing the Trademarks, in order to direct any person to any other website for any purpose; (p) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or any software used on or for the Website; or (q) assist others to do any of the foregoing.
Website Promotions. Towers Armory LLC periodically uses the Website to host contests and auctions, and undertakes similar activities, to promote products or causes of certain manufacturers, charities and third-parties (each, a “Promotion”). A Promotion may include rules of participation or other terms that will be accessible to you through the Website. All participation and other terms relating to a Promotion shall be deemed incorporated into and form a part of these Terms of Use. If you choose to participate in a Promotion, you should review the rules of participation and other terms related to such Promotion to determine if your participation is appropriate or allowed.
Indemnification. You agree to defend, indemnify and hold Towers Armory LLC and its subsidiaries, affiliates, officers, parent companies, agents, co-branders or other partners, and employees harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your breach of these Terms of Use by you or someone acting under your control.
Disclaimer and Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Towers Armory LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Without limiting the foregoing, Towers Armory LLC disclaims any and all warranties, express or implied, for any merchandise offered on this site. This disclaimer does not apply to any product warranty offered by the manufacturer of any item offered on the Website and does not serve to disclaim Towers Armory LLC warranties to the extent coverage under such program is applicable to a particular purchase transaction arranged through the Website. Additional warranty information and warranty claim procedures are set forth in the Terms of Sale and should be reviewed by each user prior to purchasing any services or products through the Website.
The Website is provided on an “AS IS” and “AS AVAILABLE” basis. Towers Armory LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, WEBSITE CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. Under no circumstances, shall Towers Armory LLC or any of its employees, directors, officers, agents, vendors or suppliers be liable for any direct or indirect losses or damages of any kind arising from the use of the Website, including, but not limited to direct, indirect, incidental, punitive, special, incidental and consequential damages arising out of or in connection with the use of or inability to use the Website. If you are dissatisfied with the Website or any Website Content, or with the Terms of Use, by use of the Website you agree that your sole and exclusive remedy is to discontinue using the Website.
Some jurisdictions may not allow the exclusion of implied or other warranties, or the limitation on liability described above, so the above exclusions and limitation on liability may not apply to you. IF ANY SUCH EXCLUSIONS OR LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF Towers Armory LLC UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE PRICE PAID BY YOU FOR THE SPECIFIC PRODUCTS OR PORTION OF THE PRODUCTS PROVIDED BY Towers Armory LLC GIVING RISE TO YOUR CLAIM OR CAUSE OF ACTION, AND YOU SHALL INDEMNIFY Towers Armory LLC FOR ANY COSTS, EXPENSES OR DAMAGES INCURRED BY Towers Armory LLC IN EXCESS THEREOF.
Notice and Procedure for Making Complaints Regarding Website Content. If you are a copyright owner and believe that any User Submission or Website Content infringes upon your copyrights, you may submit a notification to our Copyright Agent of your claims of copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). To comply with the DMCA, please provide the following information with your notice:
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The name of the owner of the exclusive right that is allegedly infringed, along with the name, address, telephone number, e-mail address, and a physical or electronic signature of a person authorized to act on behalf of the owner;
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A description of the exclusive right claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works on the Website;
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Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Towers Armory LLC to locate the material, such as the URL or a description of where the alleged infringing material is located on the Website;
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A statement by the person authorized to act on behalf of the owner that the authorized person has a good faith belief that use of the material in the manner complained of is not authorized by the owner of the exclusive right, its agent, or the law; and
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A statement by the person authorized to act on behalf of the owner that the information in the notification is accurate, and under penalty of perjury, that the authorized person is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Towers Armory LLC Copyright Agent for notice of claims of copyright or other intellectual property infringement, can be reached as follows:
By US Postal Service:
Towers Armory LLC.
Attention: Legal Department
1469 Towers rd
Oregon, OH 43616
By electronic mail:
towersarmory@gmail.com
Electronic Communication. You acknowledge that when you use this Website or send emails, text messages, and other communications to Towers Armory LLC, you are communicating with Towers Armory LLC electronically. You consent to receive communications from Towers Armory LLC electronically. You agree that all agreements, notices, disclosures, and other communications that Towers Armory LLC provides to you electronically satisfy any legal requirement that such communications be in writing.
Enforcement and Termination. Towers Armory LLC reserves the right to use any technological, legal, operational, or other means available to enforce the terms and provisions of these Terms of Use, including without limitation, blocking specific IP addresses or access to this Website using your email address, user name or password. If you have an Account you may discontinue your use of your Account at any time. We may terminate your Account or use of the Website at any time and may do so immediately, without notice, if you fail to comply with any term or provision of these Terms of Use as determined by Towers Armory LLC in its sole discretion.
Governing Law. You agree that these Terms of Use shall be governed by, and construed in accordance with, the laws of the State of Arizona, without regard to principles of conflicts of law. By your use of the Website you consent to the personal jurisdiction of the state and federal courts located in Arizona for adjudication of any claim or dispute related to these terms or to firearms or other products sold byTowers Armory LLC. You further agree that the state or federal courts in Arizona will be the exclusive venue for adjudication of any such claim or dispute.
Modifications of these Terms and the Agreement. Towers Armory LLC reserves the right, at any time and for any reason in its sole discretion, to change, modify, or amend these Terms or Use. Any such change, modification or amendment will be posted on the Website, and will specify its effective date. Therefore, you should review these Terms of Use prior to using the Website. Your use of the Website after these Terms of Use are changed, modified or amended byTowers Armory LLC will signify your agreement to be bound by such changed, modified or amended Terms of Use.
Other Terms. All rights and remedies of Towers Armory LLC in these Terms of Use are in addition to, and not in lieu of, any rights or remedies that Towers Armory LLC may have at law or in equity. These Terms of Use supersede all other communications, negotiations and prior oral or written statements regarding the subject matter of these Terms of Use. If any provision of these Terms of Use is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. No change, modification, rescission, discharge, abandonment, or waiver of these Terms of Use shall be binding upon Towers Armory LLC unless made in writing and signed on its behalf by its duly authorized representative. No conditions, usage or trade, course of dealing or performance, understanding, or agreement purporting to modify, vary, explain, or supplement these Terms of Use shall be binding unless hereafter made in writing and signed by Towers Armory LLC duly authorized representative. All typographical or clerical errors made by Towers Armory LLC in any quotation, acknowledgment or publication are subject to correction. These Terms of Use shall not be construed against the party preparing them, but shall be construed as if all parties jointly prepared these terms and any uncertainty or ambiguity shall not be interpreted against any one party.
These Terms of Use, together with the Privacy Policy and the Terms of Sale, constitute the entire understanding and agreement between you and Towers Armory LLC relating to the Website, your use of the Website and services provided by the Website, and these Terms of Use supersede any and all prior or inconsistent understandings.
If you have questions about these Terms of Use you may contact us by visiting Contact Us or at: Towers Armory LLC 1469 Towers Rd Oregon, OH 43616