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Terms and Conditions

USER AGREEMENT

Terms and Conditions

By placing an order or using this website (TheAmericanMarksman.com), all customers and/or website users agree to all the below statements and terms of sale (User Agreement).

American Marksman, LLC (AM) reserves the right, at its sole discretion, to change, modify or otherwise alter the terms and conditions of this User Agreement and the Service at any time.  AM reserves the right to offer other services which are governed by different terms and conditions from those contained herein.  The changes will become effective immediately upon posting of the changes.  You must review this User Agreement on a regular basis to keep yourself informed of any changes.  The most recent version of the User Agreement is available on our website at www.theamericanmarksman.com.

Customer Personal Affidavit

  • I have checked with all applicable local laws and that local laws allow me to purchase and receive the ammunition that I purchase.  By purchasing, I am guaranteeing my compliance with your local, state and federal law.
  • I am not under the age of (21) years old if purchasing pistol ammunition or under the age of eighteen (18) years old if purchasing rifle ammunition.
  • By selling or delivering ammunition to me, TheAmericanMarksman.com is not violating any state or local law or legal restrictions or legal ordinance.
  • I am not under indictment for and have never been convicted in any court of a crime punishable by imprisonment for over one year.
  • I am not and have never been a fugitive from justice.
  • I am not an unlawful user or addicted to any controlled substance.
  • I have not been adjudicated as a mental defective and I have not been committed to any mental institution.
  • I am not an illegal or unlawful or undocumented alien.
  • I have never been, nor do I expect to be dishonorably discharged from the Armed Forces.
  • I have never renounced my U.S. citizenship.
  • I am not currently subject to a court order that restrains me from harassing, stalking, or threatening an intimate partner or child.
  • I have never been, nor do I expect to be convicted in any court of a misdemeanor crime of domestic violence.
  • I will use products purchased for lawful purposes only.
  • I am not purchasing any products for a person who cannot legally purchase or possess any such product.

Shipping Restrictions

I understand that AM does not ship outside the continental United States and in addition, the following additional restrictions apply;

  • We cannot ship to PO boxes.

  • No ammunition shipments to AK/HI/P.R./V.I.

  • CA:  No ammunition shipments to Los Angeles, Oakland, San Francisco, Sacramento, San Francisco County.

  • CT:  We require state issued pistol permit, long gun certificate, or ammunition certificate AND driver’s license faxed or scanned and emailed to us and on file BEFORE we can ship.

  • IL:  No ammunition shipments to Cook County, IL. All other areas in IL require FOID faxed or scanned and emailed to us and on file BEFORE we can ship.

  • MA:  No shipping.

  • NJ:  We require firearms/ammunition ID card faxed or scanned and emailed to use on file BEFORE ordering.

  • NY:  We can ship to companies in NY registered as a FFL.  We will need a copy of their FFL on file.  We cannot ship to New York City proper or Five Boroughs.

  • Washington DC:  No shipping.

  • We do not ship to any other area within the United States where we are prohibited by federal, state or local laws to ship product.  I also understand that if I attempt to have product shipped to these restricted areas, my order will be cancelled and I will be subject to paying a 10% cancellation fee.

Agreement to Indemnify and Defend for Misrepresentation or Errors or Omissions

In the event that any of the above statements under the “Customer Personal Affidavit” section of these Terms and Conditions are determined to be untrue, I will release, hold harmless, indemnify, and pay to defend American Marksman, LLC (DBA Theamericanmarksman.com) and its owners, agents, officers, and employees against any resulting civil liability or criminal prosecution.

Assumption of Shipping Liability (Read Carefully)

Even while we do our best to ensure that your product reaches your door as quickly and as trouble-free as possible, we simply cannot guarantee that the shipping carrier (for example, UPS or FedEx or US Postal Service)  will not damage or lose your product, or that once delivered, your product will not be stolen or damaged. Once your product is delivered according to the shipping carrier (for example UPS or FedEx or US Postal Service) to the address you have provided, you assume all responsibility for its safety and hereby explicitly release American Marksman, LLC (DBA Theamericanmarksman.com) from all claims, liability and responsibility thereafter.

Product Descriptions

American Marksman strives to accurately represent the merchandise through photo, price and copy.  Occasionally we make mistakes, if such a mistake should occur; your order will be corrected as the facts dictate.  We are not liable for errors in pricing, pictures or descriptions.

Pricing

American Marksman strives to price our products at market value.  As the market changes so does our pricing.  We are not obligated to honor a price that is in print or an error.  We reserve the right to adjust product prices as dictated by the market.

Release of Liability and Agreement to Indemnify and Defend

While American Marksman, LLC (DBA Theamericanmarksman.com) strives to offer high quality products and excellent customer service, many of its products are designed, manufactured, and tested by other companies. Therefore, I understand and acknowledge that AM, (DBA Theamericanmarksman.com) shall not be liable for any claims and/or damages, or for the breach of any warranty, express or implied, whether of merchant-ability or fitness for any purpose or otherwise, whatsoever.

I understand, acknowledge and agree that AM expressly disclaims any and all liability for the accuracy of any and all information provided to me, and for how I use any and all information provided to me, by AM, and I understand and acknowledge that AM cannot be held liable for how I or anyone else uses any and all information I receive by any and all means from AM, (DBA Theamericanmarksman.com). Therefore, I explicitly agree to release, hold harmless, indemnify, and pay to defend AM, (DBA Theamericanmarksman.com) and its owners, agents, officers, and employees against any and all  resulting damages and/or civil liability or criminal prosecution arising from or related to any and all my use of information provided by AM.

By placing an order with AM, (DBA Theamericanmarksman.com) I understand and acknowledge that I alone am responsible for how the product I purchased from AM is used by me and by any other party. I explicitly agree to release, hold harmless, indemnify, and pay to defend AM and its owners, agents, officers, and employees against any resulting damages and/or civil liability or criminal prosecution arising from or related to the products I have purchased, to include but not limited to the use of the product, the storage of the product, and the transportation of the product. In the event that any other party files a claim of any kind against AM I will indemnify and pay to defend AM and its owners, agents, officers, and employees against any resulting civil liability or criminal prosecution.

UNDER NO CIRCUMSTANCES SHALL AMERICAN MARKSMAN BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF AMERICAN MARKSMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE AMERICAN MARKSMAN SITE OR ANY PRODUCT THEREON, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE AMERICAN MARKSMAN SITE, FROM INABILITY TO USE THE AMERICAN MARKSMAN SITE, THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR TERMINATION OF THE AMERICAN MARKSMAN SITE OR THE USE OR MISUSE OF ANY PRODUCT THEREON.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE AMERICAN MARKSMAN SITE OR ANY LINKS ON THE AMERICAN MARKSMAN SITE.  THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.  In some jurisdictions, limitations of liability are not permitted.  In such jurisdictions, some of the foregoing limitations may not apply to you.

Jurisdiction

In the event that I choose to file a complaint against American Marksman, LLC, (DBA Theamericanmarksman.com) or any of its owners, agents, officers, or employees, I agree that such a complaint must be filed within a court located in Douglas County, Nebraska. I agree that any complaints filed within any other jurisdiction shall be immediately removed to a court within Douglas County, Nebraska and I agree to reimburse American Marksman, LLC, (DBA Theamericanmarksman.com) and its owners, agents, officers, and employees for any costs they may each incur in defending against the complaint or effecting its removal until such time that the complaint is properly filed within a court located in Douglas County, Nebraska.

Governing Law

I understand, agree and acknowledge that Nebraska law will govern exclusively: my purchase and use of any products from American Marksman, LLC, (DBA Theamericanmarksman.com); and or any and all information I receive from American Marksman, LLC, (DBA Theamericanmarksman.com); any legal action instituted against me by American Marksman, LLC, (DBA Theamericanmarksman.com); and any legal action that I institute, or that someone else institutes as a result of my actions, against American Marksman, LLC, (DBA Theamericanmarksman.com).

Class Action Waiver

I expressly agree that any dispute resolution proceedings, including but not limited to, litigation, arbitration, and mediation, will be conducted only on an individual basis and not in a class, consolidated, or representative action. By making this express agreement, I acknowledge and affirm that this is a knowing, voluntary, and permanent waiver of any right to bring federal, state, or local claims as any part of, or on behalf of, any class or any other individuals, before a court or other tribunal.

Order Cancellation by Customers

Our desire is to provide excellent customer service including promptly shipping of your order. If your refuse to accept delivery of any order that you placed, you agree that a full refund will not be issued to you. Instead, you agree that we can deduct the full cost of shipping the product both ways (cost to ship back is the same as the initial shipping cost to you). You also agree that the return of the remainder of the purchase price less the shipping and return shipping cost will constitute a full refund.

Order Cancellation by TheAmericanMarksman.com

American Marksman, LLC, (DBA Theamericanmarksman.com) reserves the option to cancel any orders where the purchaser has not abided by these Terms and Conditions. In the event that AM, chooses to cancel your order, you will receive a refund of the full amount of the purchase. AM does not like canceling orders, but sometimes we must where a customer has not adhered to these Terms and Conditions.  It is your responsibility to make sure that you fully understand and comply with these Terms and Conditions.

Returns

Due to the unique nature of the product we sell, we only accept returns for damaged or defective product. Product must be returned within 30 days from the date your order is deemed received at the address provided by you on your order.  By using this website (TheAmericanMarksman.com) you agree that, No refunds will be issued for any returns that are received at our warehouse without a prior Approved Return Request on file or for any returns that are received at our warehouse when a Return Request has been denied.

If you feel like you should be able to return your product for a reason other than it being damaged or defective product, you are welcome to fill out a Return Request Form and your Return Request will be considered. Please email us at mailto:info@ammarkammo.com to make a return request; after review someone from our staff will respond promptly. If your return is approved, we will reply back to your email with the options available for processing your return. Returns will receive one (1) of the following: store credit, replacement product or refund, at the sole discretion of TheAmericanMarksman.com.

NOTE: If your product was received damaged, damage must be noted in your Return Request Form and include pictures documenting the damage. If your Return Request is approved, you are responsible for properly packing and shipping your return order in a way to protect it from damage in transit back to our warehouse. All returned product will be examined upon arrival at our warehouse for claim authenticity.  If for any reason you decide you want the product back after it has been received at our warehouse, we will collect additional payment from you to cover the costs to ship the product back to you.

E-mail List

In an effort to stay in communication with TheAmericanMarksman.com customers and to inform those customers of specials, American Marksman, LLC (D.B.A.TheAmericanMarksman.com) retains a list of each customer's name and e-mail address. By using this website I understand and agree that by entering my email information to create an account or by placing an order on TheAmericanMarksman.com, I explicitly authorize AM to send me follow-up e-mails relating to my purchase and e-mails containing information regarding other products or services that are available. I agree that, by placing an order on TheAmericanMarksman.com or by registering an account on TheAmericanMarksman.com, I am choosing to also add my name and e-mail address to the e-mail (newsletter) list maintained by AM.  I understand that my information will be retained and used in accordance with TheAmericanMarksman.com Privacy Policy and that I may at any time choose to unsubscribe from any future e-mails that result from my being added to the said e-mail (Newsletter) list. TheAmericanMarksman.com expressly disclaims any and all liability for errors in pricing contained in e-mails and advertisements sent by TheAmericanMarksman.com—all prices as shown on TheAmericanMarksman.com website are final.

Trademarks and Copyright

I expressly acknowledge that all content on the website TheAmericanMarksman.com is copyrighted by American Marksman, LLC.