Terms and Conditions
Last Updated: 02/02/2021

USER AGREEMENT

You must be at least 18 years or older to use this website. By using the website www.texasammunition.com and other services provided by Texas Ammunition LLC (“TXAMMO”), including making purchases from TXAMMO, you are agreeing to the following terms, including, without limitation, the terms available by hyperlink (the “User Agreement”). These terms apply to all orders, whether made through the website, by telephone or otherwise.

Before you may place orders to purchase from TXAMMO you must read and accept all the terms in the User Agreement. TXAMMO strongly encourages you, as you read this User Agreement, to access and to carefully read the Policy and Procedures available by hyperlink.

This User Agreement is effective on January 1, 2020, for all existing customers and all existing users of the website and will be effective, upon acceptance for all customers and all new users of the website or otherwise.

Purchases, Sales, and Orders

You may place orders from TXAMMO only in accordance with the User Agreement and Policy and Procedures.

Disclaimers

You are subject to the Disclaimers (available by hyperlink) that have been made by TXAMMO, which TXAMMO encourages you to access and to read carefully, and to the other Disclaimers that are contained in this User Agreement and the other policies adopted by TXAMMO.

Indemnification

You shall indemnify and hold harmless TXAMMO and its partners, affiliates, directors, officers, and shareholders from and against any and all costs, damages, expenses, liabilities and obligations, including, without limitation, reasonable attorneys’ fees, that TXAMMO may incur as a result of, or in connection with, (a) any breach of any representation or warranty made by you to TXAMMO or (b) your failure to comply with this User Agreement or the policies adopted by TXAMMO.

Limitation of Liability

You are subject to the limitations of liability contained in this User Agreement, the Disclaimer and the other policies adopted by TXAMMO.

If, notwithstanding such limitations of liability, TXAMMO is determined to be liable to you in connection with any transaction between TXAMMO and you pursuant to this User Agreement, the liability of TXAMMO to you shall be limited to the amount, if any, that you paid in such transaction. TXAMMO shall not, in any event, be liable for any consequential, exemplary, punitive, or indirect damages.

Privacy

TXAMMO has adopted this Privacy Policy (available by hyperlink) which you are encouraged to access and to read carefully.

Other Policies

TXAMMO has adopted the Disclaimer, the ordering Policy and Procedures, and the Privacy Policy and may, from time to time, adopt other policies in connection with the website and your use of the website, as well as purchases from TXAMMO. These policies may be amended or terminated, at any time and from time to time, by TXAMMO and such amendments and such terminations will take effect when posted on TXAMMO’s website.

By purchasing from TXAMMO, whether by telephone, through the website or otherwise, you are subject to such policies, with which you hereby agree to comply.

Termination

TXAMMO may terminate this User Agreement, with or without cause, at any time by written notice to you. The termination of this User Agreement shall not affect the rights and the obligations of TXAMMO and you with respect to the period prior to the termination.

Default; Rights and Remedies

Upon any failure by you to comply with your obligations to TXAMMO, TXAMMO shall have all the rights and the remedies available to TXAMMO, whether at law, in equity or otherwise, including, without limitation, rights and remedies under this User Agreement. Without limiting its rights and its remedies, TXAMMO may turn your account over to a collection agency or a lawyer for collection. No delay or failure on the part of TXAMMO in exercising any right or any remedy shall operate as a waiver of that right or that remedy and no single or partial exercise by TXAMMO of any right or any remedy shall preclude other or further exercise of that right or that remedy or the exercise of any other right or any other remedy.

Absence of Relationship

The sole relationship between TXAMMO, its partners, and you are a purchaser-seller relationship. No other relationship, including, without limitation, any agent-principal relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship, or any partnership relationship, between TXAMMO and you exist.

Assignment

You may not assign this User Agreement or any of your rights or your obligations under this User Agreement without the prior written consent of TXAMMO, which may be granted or withheld by TXAMMO in its sole discretion. This User Agreement shall be binding on all permitted assigns and successors of TXAMMO and you.

Costs and Expenses of Collection

If TXAMMO must take any action against you to enforce your obligations under this User Agreement, including, without limitation, turning your account over to a collection agency or a lawyer for collection, you shall pay all of the costs and the expenses incurred by TXAMMO, including, without limitation, reasonable attorneys’ fees, in connection with such action.


Dispute Resolution

It is the common goal of TXAMMO and you that any disagreement or dispute between TXAMMO and you be resolved expeditiously. TXAMMO and you agree that all disagreements and disputes between TX AMMO and you be resolved in accordance with the following paragraphs:

Forum Selection

The federal and state courts located in or around Shiner, TX, USA, shall have exclusive personal and subject matter jurisdiction of all disagreements and all disputes. All disagreements and all disputes shall be resolved exclusively in such federal and state courts. You hereby consent to the personal jurisdiction of those federal and state courts for the purpose of resolving such disagreements and such disputes and waive all objections to the jurisdiction and venue of such federal and state courts. Service of all process in any dispute or proceeding in any such court may be made by registered or certified mail, return receipt requested, to the applicable part at its notice address provided herein and any such service provided in accordance with the preceding clause shall be sufficient to confer personal jurisdiction over the applicable party in any such proceeding in any such court, and otherwise constitutes effective and binding service in every respect.

Governing Law

This User Agreement shall be governed by, and interpreted in accordance with, the laws of the State of Texas, without regard to its conflict of laws principles.

Waiver of Jury Trial; Arbitration. BOTH TXAMMO AND YOU HEREBY WAIVE ITS RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY DISAGREEMENT OR DISPUTE RESULTING FROM, OR IN CONNECTION, THIS USER AGREEMENT AND THE TRANSACTIONS UNDER THIS USER AGREEMENT.

Force Majeure

If TX AMMO cannot perform any obligation hereunder because of any event that is beyond its control, TXAMMO’s delay or failure to perform such obligation shall be excused and TXAMMO shall not be liable for any damages as a result of, or in connection with, such delay or such failure.

Further Assurances

You shall execute and deliver such other documents and take such other actions as may be reasonably requested by TXAMMO to carry out this User Agreement.

Notices

Except as otherwise provided in this User Agreement, all notices, and other communications to TXAMMO shall be directed to the registered agent in the State of Texas and all notices and other communications to you shall be directed, at the option of TXAMMO, to the address that you provided to TXAMMO at the time of your order or to the email address that you provided to TX AMMO at the time of your order.

Absence of Waivers

A decision or a failure by TXAMMO to take action with respect to any non-compliance with this User Agreement does not affect the ability of TXAMMO with respect to any other non-compliance with this User Agreement, whether of a similar or dissimilar nature.

Section Headings

The section headings are included for ease of reference and do not affect the interpretation or the scope of this User Agreement.

Severability

This User Agreement is intended to be enforceable to the fullest extent permitted by applicable law. If any term of this User Agreement is held to be unenforceable for any reason, such unenforceability shall not affect the other terms of this User Agreement and the term that would otherwise be unenforceable shall be enforced to the fullest extent that it would be enforceable.

Amendment

TXAMMO may amend this User Agreement at any time by posting the amended terms on the website. Except as otherwise provided in the User Agreement, the amended terms will become automatically effective 30 days after its initial posting on the website.

Except as set forth herein, this User Agreement may not be amended except by written agreement between TXAMMO and you.

Entire Agreement

This User Agreement sets forth the entire understanding between TXAMMO and you with respect to the subject matter of this User Agreement.

If you have any questions with respect to this User Agreement or your rights and your obligations under this User Agreement, contact TXAMMO at support@texasammunition.com.