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Terms of Use

Website

By accessing this web site, you agree to be bound by the terms and conditions of use appearing below, such use being non-commercial in nature and conditioned on your acceptance. The materials on this web site are Copyright Airgun Depot, LLC., dba Airgun Depot ("Airgun Depot"). All rights reserved. You are hereby authorized to view, copy, print, and distribute these materials subject to the following conditions:

  1. the materials may be used for internal informational purposes only;
  2. any copy of these materials or any portion thereof must include the above copyright notice; and
  3. Airgun Depot may revoke or modify any of the foregoing rights at any time.


You also expressly agree that you will not use any robot, spider, or other automatic or manual device or process to interfere or attempt to interfere with the proper working of our web site, nor act as a conduit for others to effect the same result.

Trademark Notice

Airgun Depot® is a registered trademark of Airgun Depot, LLC. No license to use or reproduce this trademark or other trademarks contained on this web site is given or implied. All other brands and product names are the trademarks of their respective owners.

Pricing or Typographical Errors

While Airgun Depot strives to provide accurate product and pricing information, pricing or typographical errors may occur. Airgun Depot cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Airgun Depot shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Airgun Depot may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.

Orders

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.

We reserve the right to suspend or cancel orders that include redemption of reward points if we suspect fraud or improper use of our rewards program.

If you place an order for an item that later goes on sale, you can request the discounted price to be honored as long as your purchase was completed within 5 days from the sale start date.

Website Security

Users are prohibited from violating or attempting to violate the security of this website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the website, overloading, "flooding," "spamming," "mailbombing" or "crashing" as those terms are understood in the industry; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the search engine and search agents available from Airgun Depot on this website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Internet Explorer, Mozilla Firefox, Apple Safari, Google Chrome).

Intellectual Property

Nothing on this web site will be construed as conferring any license of Airgun Depot's rights or any third party rights. Although the information is provided on this server to anyone, we retain the copyright on all text and graphic images. This means you may not distribute the text or graphics to others without the express written permission of Airgun Depot, or modify or re-use the text or graphics without the express written permission of Airgun Depot. It is expressly forbidden to use either Airgun Depot's URL, meta-tags, or other embedded web site information to effect any "matchmaker" advertising by third parties, or to act as a conduit for others to effect the same result. You may print copies of the information for your own personal use.

Airgun Depot also reserves all other rights, including the right to make changes or corrections at any time without notice. You are prohibited from posting on this web site or transmitting to this web site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, objectionable or profane material or any materials that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. Airgun Depot will fully cooperate with law enforcement authorities or court orders requesting or directing Airgun Depot to disclose the identity of or help identify anyone posting any such information or materials on this web site. Airgun Depot makes no commitment to update the information provided herein. The information, text, graphics, and links on this web site are provided by Airgun Depot as a convenience to its customers.

This web site may contain content not generated by Airgun Depot and Airgun Depot is not responsible for any third-party content. The name of Airgun Depot or the Airgun Depot logos and trademarks may not be used in advertising or publicity pertaining to distribution of the information on or linked to this web site or any other server or "hot-linked" sites without specific, written prior permission. Airgun Depot makes no representation or warranties about the accuracy, currency, completeness, or suitability of the information provided on this web site and will not be liable for any use of this information for any purpose. The information on this web site could contain technical inaccuracies or typographical errors, and information may be changed, updated, and deleted without notice. Airgun Depot may make improvements and/or changes in the products and/or the programs described on this web site at any time. Errors in the description, photography, or typographical errors are subject to correction at the sole discretion of Airgun Depot.

The material provided on this web site is protected by law, including, but not limited to, United States copyright law, trademark law, and international treaties. This web site is controlled and operated by Airgun Depot in Draper, Utah, United States of America. Airgun Depot makes no representation that materials on this web site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable.

Mobile Terms & Conditions

Airgun Depot (Mobile Program Name: AGD) offers its customers marketing and promotional mobile alerts(e.g. cart reminders) by SMS message (the "Service") on 96409. By participating in the Service, you are agreeing to these Terms and to thePrivacy Policy.

Signing Up and Opting-In to the Service
Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 21 years old.Before the Servicewill start, you will need toagreeto these Terms.Airgun Depot reserves the right to stop offering the Service at any time with or without notice.Airgun Depot also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.

By opting into the Service, you:

AuthorizeAirgun Depot to use an automatic telephone dialing system to send recurring automated text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).

Acknowledge that you do not have to agree to receive messages as a condition of purchase.

Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.

Consent to the use of an electronic record to documentyouropt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, email [email protected] or call 1-866-477-4867. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.

Content You May Receive
Once you affirm your choice to opt-in to the Service on 96409, your message frequency may vary. You may receive alerts about:
  • Sale promotions
  • Event information
  • Product launch announcements
  • Cart reminders
  • Back in stock alerts
  • Price drop alerts
  • Low inventory alerts

Charges and Carriers
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.

Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell,Cellcom, C-Spire,nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers.Airgun Depot may add or remove any wireless carrier from the Service at any time without notice.Airgun Depot and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

To Stop the Service
To stop receiving text messages fromAirgun Depot, text the word STOP to96409 any time or reply STOP to any of the text messages you have received fromAirgun Depot. This is the exclusive method for opting out. After texting STOP to96409, you will receive one additional message confirming that your request has been processed.

Questions
You can text HELP for help at any time to 96409. This will provide you with our customer support number at 1-866-477-4867 and our email address at [email protected].

Changes to Terms
These Mobile Terms and Conditions are subject to change at any time without notice.

Arbitration and Class Action Waiver

Please read this carefully. It affects your rights. Any dispute or claim relating in any way to your use of Airgun Depot's marketing and promotional mobile alerts will be resolved by binding arbitration, rather than court.

This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. 227 et seq., or any other statute, regulation, or legal or equitable theory. You and Airgun Depot hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. ("FAA") applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association's Consumer Arbitration Rules in effect at the time of filing of the arbitration (the "AAA's Rules"). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys' fees) authorized by law and/or the AAA's Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND AIRGUN DEPOT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.

THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND AIRGUN DEPOT AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY'S CLAIMS WITH ANY OTHER PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

You and Airgun Depot are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. Airgun Depot, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA's Rules regarding costs and payment apply.

This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

If any term of this Section (Arbitration and Class Action Waiver)is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.

Disclaimer

AIRGUN DEPOT DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED ON THIS WEB SITE OR OTHER SITES "HOT LINKED" TO THIS SITE, INCLUDING ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL Airgun Depot BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL DAMAGES, OR PUNITIVE DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, BUSINESS INTERRUPTION, SALES, OR PROFITS, WHETHER IN A CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF ACCESS TO, USE OF, OR IN CONNECTION WITH THE USE, INABILITY TO USE, ACCURACY, SUITABILITY, OR PERFORMANCE OF THIS INFORMATION, EVEN IF AIRGUN DEPOT IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Additional Terms & Conditions

ANY CLAIM RELATED TO THIS WEBSITE OR ANY PURCHASE MADE THROUGH THIS WEBSITE WILL BE GOVERNED BY THE LAWS OF THE STATE OF UTAH, WITHOUT REGARD TO CONFLICTS OF LAW RULES. IN THE EVENT OF ANY DISPUTE REGARDING THIS WEBSITE OR ANY SALE OR PURCHASE MADE THROUGH THIS WEBSITE, THE PARTIES IRREVOCABLY CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE SALT LAKE COUNTY COURT OF COMMON PLEAS LOCATED IN SALT LAKE CITY, UTAH. IN THE EVENT OF ANY DISPUTE ARISING UNDER A FEDERAL CLAIM REGARDING THIS WEBSITE OR ANY SALE OR PURCHASE MADE THROUGH THIS WEBSITE, THE PARTIES IRREVOCABLY CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE FEDERAL DISTRICT COURT FOR THE DISTRICT OF UTAH.