CHRISTENSEN ARMS WEBSITE TERMS OF USE

OVERVIEW

This website is owned and operated by TDJ Buyers LLC d/b/a Christensen Arms (hereinafter “Christensen Arms” or “Christensen”).  Throughout the site, the terms “we”, “us” and “our” refer to Christensen Arms.  Christensen Arms offers this website, including all information, tools and services available from this site to you, the user “You” 0r “you”, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.  These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

ATTENTION:  PLEASE READ THESE TERMS OF USE AND THE CHRISTENSEN PRIVACY POLICY, WHICH IS PART OF THESE TERMS OF USE, CAREFULLY BEFORE USING THE WEBSITE.  ACCESSING ANY PART OF THE WEBSITE INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE AND RELATED POLICIES AND NOTICES IN FULL.  IF YOU DO NOT ACCEPT THESE TERMS OF USE AND RELATED POLICIES AND NOTICES, DO NOT USE, ACCESS, OR DOWNLOAD MATERIALS FROM THE WEBSITE AND LEAVE THE WEBSITE IMMEDIATELY.

Any new features or tools which are added to the current store shall also be subject to the Terms of Use.  You can review the most current version of the Terms of Use at any time on this page.  We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website.  It is your responsibility to check this page periodically for changes.  Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

These Terms of Use include a disclaimer of warranties, a disclaimer of liability, a release and indemnification by you, as well as a class action waiver and acknowledgement of the basis for Christensen’s ability to offer the terms contained on this website, in Sections 14 through 18.  Please review those sections (and all other terms) carefully.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

Firearms and other applicable serialized items will be transferred to a licensed Federal Firearms Dealer (FFL) who will conduct a background check prior to transferring the items to the customer.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.  Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current.  The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.  Any reliance on the material on this site is at your own risk.

This site may contain certain historical information.  Historical information, necessarily, is not current and is provided for your reference only.  We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.  You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website.  These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store.  We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction.  We may exercise this right on a case-by-case basis.  We reserve the right to limit the quantities of any products or services that we offer.  All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.  We reserve the right to discontinue any product at any time.  Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us.  We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.  These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.  In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.  We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.  You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.  We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources).  Such new features and/or services shall also be subject to these Terms of Use.

SECTION 8 – THIRD-PARTY LINKS

The Website may contain links to third party websites and online services that are not owned or controlled by Christensen.  Christensen has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or online services, and you access and use these websites or online services solely at your own risk.  These links are provided for your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or online services or any association with their operators.  In addition, Christensen will not and cannot control or edit the content of any third-party website or online service.  BY USING THE WEBSITE, YOU EXPRESSLY RELEASE CHRISTENSEN, ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, SUBCONTRACTORS, AND SUPPLIERS (COLLECTIVELY “CHRISTENSEN”) FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICE AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD PARTY.  Accordingly, We encourage you to be aware when you leave the Website and to read the terms and conditions of use for each other website or online service that you visit.

Except as you have otherwise agreed with Christensen, you may link to the Website from your website or online service, subject to the following:  (1) you may not frame the Website or any portion of the Website (except you may do so with functionality provided by Christensen, if any); (2) you will not override or hinder the functionality of an end-user’s Web browser’s “back” function; (3) the link must be identified using a plain text rendering of the Christensen name and not any logo; (4) you may not use any Christensen logo in any way; (5) you may not use the link in any way that suggests that Christensen is associated with or endorses you or your website; (6) the link may not appear on any website or online service that a reasonable person may consider obscene, defamatory, harassing, offensive or malicious, and may not be presented in any way that disparages Christensen or damages its rights, reputation or goodwill; and (7) We may terminate your right to link to the Website at any time for any reason or no reason.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

The Website may permit the submission of material, information, comments, feedback, notes, messages, ideas, concepts, know-how, techniques, or other communications submitted by you and other Users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions.  You understand that whether or not such User Submissions are published or posted, Christensen (1) does not guarantee any confidentiality with respect to any User Submissions, (2) does not pay any compensation for User Submissions, and (3) is under no obligation to respond to or post any User Submissions.

You shall be solely responsible for your own User Submissions and the consequences of sharing them.  By submitting User Submissions to Christensen, you hereby grant Christensen and its successors, assigns, and affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers) and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, broadcast, perform, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Submissions in connection with the Website and Christensen’s (and its successors’, assigns’, and affiliates’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any form and media formats and through any media channels.

In connection with User Submissions, you represent and warrant that you will not:  (i) transmit, submit, or post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to transmit, submit or post the material and to grant Christensen all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Christensen or any third party; (iii) transmit, submit, or post material that involves gambling, gaming, sweepstakes, and/or any other activity with an entry fee and a prize, or (iv) transmit, submit, or post material that is otherwise inappropriate.  In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your transmitting, submitting, or posting User Submissions.  Christensen does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and CHRISTENSEN EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USER SUBMISSIONS.  Christensen does not permit copyright infringing activities, infringement of rights of publicity, or infringement of other intellectual property rights on its Website.  Christensen will not necessarily monitor User Submissions.  However, Christensen reserves the right to monitor, alter, edit, or remove Content (including User Submissions) and block users without prior notice and for any reason.  Christensen also reserves sole discretion to decide whether Content (including a User Submission) is appropriate and complies with these Terms of Use.

You understand that when using the Website, you may be exposed to User Submissions from a variety of sources, and that Christensen is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions.  You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST CHRISTENSEN WITH RESPECT THERETO, AND AGREE TO INDEMNIFY AND HOLD CHRISTENSEN HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE WEBSITE.

SECTION 10 – PERSONAL INFORMATION

Our Privacy Policy describes the information Christensen collects when you and others use the Website.  It also describes how Christensen uses any personal information you share with it.  By agreeing to these Terms of Use, you are also consenting to Christensen’s use of your personal information in accordance with Our Privacy Policy.  Please click here to review the Christensen Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.  We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.  No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In your use of the Website, you shall not:

a.              use if for any unlawful purpose;

b.              solicit others to perform or participate in any unlawful acts;

c.              infringe upon or violate our intellectual property rights or the intellectual property rights of others;

d.              harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;

e.              provide false personal information or create an account for anyone other than yourself without permission;

f.               create more than one account;

g.              create another account without Our permission, if We have disabled your account;

h.              share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account;

i.               assign or transfer your account or login information to anyone;

j.               use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Website, provided, however, that general purpose Internet search engines and non commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Website are granted a limited exception from the foregoing exclusion, provided they do so from a stable IP address or range of IP addresses using an easily identifiable agent;

k.              post, transmit or submit any confidential, false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, inflammatory, scandalous, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law;

l.               upload, download, post, email or otherwise transmit, alter, modify, or make derivative works from any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party;

m.            use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use of the Website;

n.              obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Website;

o.              reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part of the Website, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this prohibition;

p.              facilitate gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize;

q.              impersonate or misrepresent any person or entity or your affiliation with someone else;

r.               misrepresent the source, identity, or content of information or works of authorship transmitted through the Website;

s.              remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Website;

t.               collect personally identifiable information of other users;

u.              harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications;

v.              solicit other users to join, become members of, or contribute money to any online service or other organization;

w.            upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain mail, petitions, charity requests, pyramid schemes, or any other form of solicitation;

x.              post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Website;

y.              stalk or otherwise harass any person or entity; or

z.              harm minors in any way.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – INTELLECTUAL PROPERTY

Everything you see, hear, or otherwise experience through the Website, including but not limited to the graphics, videos, text, software, photographs, scripts, design elements, templates, interactive features and the like, the concepts and ideas underlying the Website, and all statistical, analytical, and other data captured by or through the Website (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Christensen, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.  Christensen owns the copyright in the selection, coordination, arrangement and enhancement of the Content.  Any unauthorized use of any materials on this Website may violate copyright, trademark, and other laws.  CHRISTENSEN and the Christensen logo are trademarks of Christensen.

Content on the Website is provided to you AS IS for your information and personal use only.  For your personal use, you may view, copy, and print screenshots of the Website.  Otherwise, the Website may not be copied, modified, downloaded, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.  Christensen reserves all rights not expressly granted in and to the Website, the Content, and the Marks.  You agree not to use, copy, download, or distribute any of the Content other than as expressly permitted herein, including any use, copying, downloading, making derivative works from, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.  You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application or make it available via frames or in line links unless expressly permitted by Christensen in writing.  You may not create, recreate, advertise or distribute an index of a significant portion of the Content unless authorized in writing by Christensen.  You may not build a business using the Content, whether or not for profit.  If you copy, screenshot, download or print pages of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.  You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein, nor may you scrape or use any extraction methods to obtain any content or data from the Website.

SECTION 14 – DISCLAIMER OF WARRANTIES

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK AND THAT THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.”  TO THE FULLEST EXTENT PERMITTED BY LAW, CHRISTENSEN DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF AND ANY SERVICE, EVENT, OR AGREEMENT WITH A THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF AVAILABILITY OF THE WEBSITE, NON DISRUPTION, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ABILITY TO ACHIEVE A PARTICULAR RESULT, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, AVAILABILITY, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE.  WITHOUT LIMITING THE FOREGOING, CHRISTENSEN DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE OR ON ANY WEBSITES OR ONLINE SERVICES LINKED TO THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT; THAT THE WEBSITE OR ANY SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; OR THAT THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE FROM CHRISTENSEN, EVENTS ATTENDED, OR AGREEMENTS YOU ENTER WITH THIRD PARTIES SUCH AS EVENT ORGANIZERS, ADVERTISERS, SPONSORS, OR PARTNERS WILL MEET YOUR EXPECTATIONS.  CHRISTENSEN ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.  YOU ACKNOWLEDGE THAT CHRISTENSEN HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ORGANIZED OR ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS’ OR ADVERTISERS’ CONTENT, OR THE ABILITY OF ANY USER OR ADVERTISER TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION.

SECTION 15 – LIMITATION OF LIABILITY

IN NO EVENT SHALL CHRISTENSEN BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE WEBSITE, CHRISTENSEN’S SERVICES, OR THIRD-PARTY PRODUCTS OR SERVICES, UNDER THESE TERMS OF USE OR IN CONNECTION WITH THEIR PERFORMANCE OR BREACH, OR IN CONNECTION WITH ANY WARRANTIES HEREUNDER, OR IN CONNECTION WITH THE WEBSITE, INCLUDING FOR THEIR NEGLIGENCE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING ANY LOSS OF PROFITS OR SAVINGS OR ANTICIPATED PROFITS OR SAVINGS, DATA, OPPORTUNITY, REPUTATION, GOODWILL OR BUSINESS, EVEN IF CHRISTENSEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

CHRISTENSEN WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM:  (1) ANY SUSPENSION OR DISRUPTION OF THE WEBSITE, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM CHRISTENSEN’S NEGLIGENCE, (2) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (4) UNAUTHORIZED ACCESS TO OR USE OF CHRISTENSEN’S SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (5) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (6) INADEQUATE OR FAULTY HARDWARE OPERATING THE WEBSITE; (7) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD-PARTY, (8) USER CONTENT, THIRD-PARTY WEBSITES OR APPS; (9) ERRORS OR OMISSIONS IN ANY CONTENT; OR (10) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CHRISTENSEN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

CHRISTENSEN WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU OR ANY OTHER PERSON MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM YOUR BREACH OF YOUR WARRANTIES OR OTHER OBLIGATIONS UNDER THESE TERMS OF USE INCLUDING, WITHOUT LIMITATION, THE OBLIGATION TO AVOID SHARING YOUR EMAIL ACCOUNT INFORMATION WITH ANY OTHER PERSON.

CHRISTENSEN’S MAXIMUM AGGREGATE LIABILITY FOR ANY SINGLE EVENT (OR A SERIES OF RELATED EVENTS) GIVING RISE TO A CLAIM IN CONNECTION WITH THESE TOU OR IN RELATION TO THE WEBSITE, EITHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, MISREPRESENTATION OR NEGLIGENCE WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO CHRISTENSEN IN THE PRECEDING SIX MONTHS BEFORE THE OCCURENCE OF THE EVENT GIVING RISE TO CHRISTENSEN’S LIABILITY.

BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:  “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Any claims relating to use of the Website must be bought within one (1) year from the date the cause of action arose.  Claims brought after such period are VOID.  The Website is controlled and offered by Christensen from its facilities in the United States of America.  Those who access or use the Website do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.

SECTION 16 – INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CHRISTENSEN FROM AND AGAINST ANY CLAIMS, LOSSES, OBLIGATIONS, DEMANDS, LIABILITIES, EXPENSES, DAMAGES, COSTS, DEBT, AND ATTORNEY’S FEES RESULTING FROM (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE WEBSITE OR CHRISTENSEN’S SERVICES; (2) YOUR VIOLATION OF ANY OF THESE TERMS OF USE; (3) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; (4) ANY CLAIM THAT ONE OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO CHRISTENSEN OR A THIRD PARTY; (5) ANY ACTIVITY RELATED TO YOUR CHRISTENSEN ACCOUNT, RELATED TO YOUR INTERNET ACCOUNT, OR RELATED TO YOUR EMAIL ADDRESS AND PASSWORD (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR INTERNET ACCOUNT OR YOUR EMAIL ADDRESS; OR (6) ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY THE WEBSITE.  IF CHRISTENSEN TAKES ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS OF USE, CHRISTENSEN WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEY’S FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO CHRISTENSEN.

SECTION 17 – CLASS ACTION WAIVER

ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION.  YOUR ACCESS AND CONTINUED USE OF THE WEBSITE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.

SECTION 18 – BASIS OF BARGAIN

YOU ACKNOWLEDGE AND AGREE THAT CHRISTENSEN HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF USE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE CHRISTENSEN PARTIES, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND CHRISTENSEN.  CHRISTENSEN WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

SECTION 19 – SEVERABILITY

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Use are effective unless and until terminated by either you or us.  You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 21 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

SECTION 22 – GOVERNING LAW

These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 550 N Cemetery Rd, Gunnison, UT, 84634, United States.  You agree that:  (i) the Website shall be deemed solely based in Utah, United States of America; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Christensen, either specific or general, in jurisdictions other than Utah.  If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction, to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.  Each party acknowledges that it has not relied on or been induced to enter these Terms of Use by a representation other than those expressly set out in these Terms of Use.  Christensen and you do not intend to confer, and these Terms of Use will not be construed as conferring, any right, remedy, obligation or liability of any kind on any person other than Christensen, you, and each party’s successors and assigns.  No modification, alteration or waiver of any of the provisions of these Terms of Use will be effective unless in writing and signed on behalf of each of the parties.  No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Christensen’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  These Terms of Use shall be governed solely by United States and Utah law, without regard to conflict of law provisions.  Any claim or dispute between you and the Christensen Parties that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Sanpete County, Utah.  You further irrevocably agree to submit to the personal jurisdiction of the courts located within Sanpete County, Utah, for the purpose of resolving all such claims or disputes.  The parties disavow any desire or intention to create a third party beneficiary agreement and declare that no person, except for the parties and their permitted assigns shall have any rights under these Terms of Use nor any right of enforcement of these Terms of Use.  These Terms of Use, the Privacy Policy, and any other legal notices published by Christensen on the Website shall constitute the entire agreement between you and Christensen concerning the Website.

SECTION 23 – CHANGES TO TERMS OF USE

You can review the most current version of the Terms of Use at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website.  It is your responsibility to check our website periodically for changes.  Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

SECTION 24 – RETURNS

Items purchased from our website may be returned for a full refund within 60 days of receipt.  Shipping charges are not refundable.  In order to submit a return, please fill out the return form at https://christensenarms.com/returns with your order number and follow the return instructions.  Purchase receipt or packlist must be included with return shipment.  Full refunds are given within 60 days of purchase.  After 60 days from your date of purchase, you will be issued a Christensen Arms online store credit in the full amount.  All refund requests are subject to quality inspection and only eligible for a refund after inspection.  Custom items and final sale items (clearance items) are not eligible for return.  Shipping and handling fees are non-refundable.

Additional details

  • You must include your receipt with our return shipment.
  • Full refunds are given within 60 days of purchase. After 60 days from your date of purchase, you will be issued a Christensen Arms online store credit in the full amount.
  • All refund requests are subject to quality inspection and only eligible for a refund after inspection.
  • Custom items and final sale items (clearance items) are not eligible for return.
  • Shipping and handling fees are non-refundable.

Can I still return items?

Yes, you can!  You will receive a full refund on all items bought within the past 60 days.  After 60 days, we will issue a Christensen Arms gift card for the total amount of your desired return.

Just include proof of purchase with your return shipment.  Please note that all refunds are pending a quality inspection, and shipping and handling fees are non-refundable.

How do I return a ChristensenArms.com order?

First, fill out our fast return form at:  christensenarms.com/returns.  Then use the return shipping label included with your shipment and visit the appropriate delivery service store to send back to us.

How do I print a new return shipping label?

There is a free return shipping label that we send with every shipment.  If you threw the label out with the box out (don’t worry – it happens!), email us at returns@christensenarms.com, and a Christensen Arms team member will help you get a new label.

How and when will I receive my refund?

You will receive your refund or store credit within 48 business hours on weekdays M-F.

Can I ship my return in the same package?

Absolutely.  Let’s save some cardboard.

Where do we ship?

Christensen Arms for everyone.  We ship orders to all U.S. States.

SECTION 25 – USER CONTENT

By uploading User Content to this Site or by accepting these Terms of Use in connection with otherwise making User Content available to Christensen Arms, you grant the worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your User Content in any manner to be determined in the Company’s sole discretion, including but not limited to on its webpages, social media pages operated by the Company, promotional e-mails and advertisements, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known.  The Company may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever.  You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Content.

You hereby represent and warrant that (i) you own all rights in and to your User Content, or, if the User Content is subject to third party proprietary rights, including, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary rights laws, you have all necessary licenses, rights, consents, and permissions to publish the User Content you submit and to grant the rights granted herein, including permission from all person(s) appearing in your User Content; (ii) you are not a minor, (iii) you are legally entitled to post the User Content, and (iv) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive and the Company’s use of your User Content as described herein will not violate any other law.  You hereby release, discharge and agree to hold Christensen Arms and any person acting on their behalf, harmless from any liability related in any way to the use of your User Content.

We reserve the right to remove any User Content from the Site, social and digital properties and the Services at any time, for any reason.

SECTION 26 – CONTACT INFORMATION

Questions about the Terms of Use should be sent to us at websales@christensenarms.com.

SECTION 20 – RETURNS

Items purchased from our website may be returned for a full refund within 60 days of receipt. Shipping charges are not refundable. In order to submit a return, please fill out the return form at https://christensenarms.com/returns with your order number and follow the return instructions. Purchase receipt or packlist must be included with return shipment. Full refunds are given within 60 days of purchase. After 60 days from your date of purchase, you will be issued a Christensen Arms online store credit in the full amount. All refund requests are subject to quality inspection and only eligible for a refund after inspection. Custom items and final sale items (clearance items) are not eligible for return. Shipping and handling fees are non-refundable.

Additional details

  • You must include your receipt with our return shipment.
  • Full refunds are given within 60 days of purchase. After 60 days from your date of purchase, you will be issued a Christensen Arms online store credit in the full amount.
  • All refund requests are subject to quality inspection and only eligible for a refund after inspection.
  • Custom items and final sale items (clearance items) are not eligible for return.
  • Shipping and handling fees are non-refundable.

Can I still return items?

Yes, you can! You will receive a full refund on all items bought within the past 60 days. After 60 days, we will issue a Christensen Arms gift card for the total amount of your desired return.

Just include proof of purchase with your return shipment. Please note that all refunds are pending a quality inspection, and shipping and handling fees are non-refundable.

How do I return a ChristensenArms.com order?

First, fill out our fast return form at: christensenarms.com/returns. Then use the return shipping label included with your shipment and visit the appropriate delivery service store to send back to us.

How do I print a new return shipping label?

There is a free return shipping label that we send with every shipment. If you threw the label out with the box out (don’t worry – it happens!), email us at returns@christensenarms.com, and a Christensen Arms team member will help you get a new label.

How and when will I receive my refund?

You will receive your refund or store credit within 48 business hours on weekdays M-F.

Can I ship my return in the same package?

Absolutely. Let’s save some cardboard.

Where do we ship?

Christensen Arms for everyone. We ship orders to all U.S. States.

 

SECTION 21 – USER CONTENT

By uploading User Content to this Site or by accepting these Terms of Use  (“TOU”) in connection with otherwise making User Content available to Christensen Arms, you grant the worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your User Content in any manner to be determined in the Company’s sole discretion, including but not limited to on its webpages, social media pages operated by the Company, promotional e-mails and advertisements, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known. The Company may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Content.

You hereby represent and warrant that (i) you own all rights in and to your User Content, or, if the User Content is subject to third party proprietary rights, including, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary rights laws, you have all necessary licenses, rights, consents, and permissions to publish the User Content you submit and to grant the rights granted herein, including permission from all person(s) appearing in your User Content; (ii) you are not a minor, (iii) you are legally entitled to post the User Content, and (iv) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive and the Company’s use of your User Content as described herein will not violate any other law. You hereby release, discharge and agree to hold Christensen Arms, TJI Inc., and any person acting on their behalf, harmless from any liability related in any way to the use of your User Content.

We reserve the right to remove any User Content from the Site, social and digital properties and the Services at any time, for any reason.

SECTION 22 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at websales@christensenarms.com.