Last Updated Date: 01/31/2023

TERMS AND CONDITIONSFOR SALES AND SERVICES

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS.  BY PLACING OR CONTINUING WITH AN ORDER FOR PRODUCTS OR SERVICES FROM SILENCER SHOP, INCLUDING USING ANY EFORMS SERVICES PROVIDED BY SILENCER SHOP, YOU AFFIRM THAT YOU ARE ATLEAST 18 YEARS OLD AND THAT YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.  THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. 

These terms and conditions (these "Terms") apply to the purchase and sale of products and services by Silencer Shop, including through SilencerShop.com (the "Website"). These Terms are subject to change by Hill Country Class 3, LLC d/b/a Silencer Shop (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced above. You should review these Terms before purchasing any products or services that are available through this Website. Your continued use of this Website after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.  If you are purchasing through a trust or corporate entity, you represent to us that you have authority to agree to these Terms on behalf of that entity and you agree these Terms shall be binding on both you, individually, and that entity.

1. Order Acceptance and Cancellation.
   • General. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.  For example, if you do not agree to these Terms, we may choose not to accept your order, in which case we will issue a refund for any amounts you paid in connection with the order.
   • NFA Items and Services. The following terms apply to your purchases of items regulated by the National Firearms Act, including silencers, SBRs, and integrated uppers (each an “NFA Item”) and services to assist with the filing of NFA-related applications and other documentation with ATF, such as the Form 1 and Form 4 (“NFA Services”).  When you purchase an NFA Item from us and identify your selected dealer, you hereby authorize us to transfer the NFA Item to your selected dealer, in your state, via an ATF Form 3 transfer.  We will then assist your selected dealer to initiate the Form 4 transfer to you.  If you change your mind before we have transferred the NFA Item to your selected dealer, please contact our customer support and we will address your concerns or provide a full refund if you prefer.  By purchasing an NFA item from us, you accept all risk of loss or damage occurring during shipment or as the result of any action or inaction of your selected dealer.  Your selected dealer cannot deliver NFA Items to you until the transfer is approved by ATF under federal law, therefore we cannot guarantee any specific delivery date or time period.  Our ability to process your order depends on you providing certain necessary information within a reasonable time.  We will let you know what information is needed.  If you do not provide the necessary information requested within 90 days of placing your order for NFA Items or NFA Services, we reserve the right to cancel your order and issue a non-refundable store credit for future goods or services purchased from us.
2. Prices and Payment Terms.
   • All prices, discounts, and promotions posted on the Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
   • We may offer, from time to time, promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
   • Terms of payment are within our sole discretion and payment must be received by us before we accept an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
3. Shipments; Delivery; Title and Risk of Loss.
   • We will arrange for shipment of the products to you (except for NFA Items, which will be transferred and delivered to your selected dealer). Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
   • Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
4. Returns and Refunds.
   • NFA Items and Services. You may request a full refund of your purchase of NFA Items and NFA Services at any time before initiation of the transfer process.  For purposes of refund requests, the transfer process for purchase of an NFA Item subject to a Form 4 transfer is considered initiated upon our delivery of the NFA Item to your selected dealer; the transfer process for the purchase of Form 1 NFA Services is considered initiated upon submission of the Form 1 to ATF.  To request a refund, please give us a call or send us an email before the transfer process is initiated and we will help you make changes to your order or issue a full refund.  Additional information is provided below:
     • For Form 4 purchases, refunds will be offered up to the time we transfer the NFA Item to your selected dealer (after ATF’s approval of the Form 3 that authorizes transfer from us to your selected dealer). Once the initial transfer has occurred, it requires significant time and resources both from Silencer Shop and your selected dealer to regain possession of the item.  In some instances, it is simply not possible.  Therefore, once we have shipped the NFA Item to your selected dealer, no returns will be accepted and no refunds will be given, except pursuant to the Silencer Shop Guarantee or in the event of ATF’s disapproval or return without action of the Form 4, subject to the terms stated below. If you purchased from us and your Form 4 is later disapproved or returned without action, we may, at our sole discretion, assist you with resolving the basis for disapproval and/or resubmit your Form 4 application.  If you request a refund after disapproval or return without action by ATF, we will take reasonable steps, subject to our discretion, to work with your selected dealer to recover the NFA Item.  If we are able to recover the NFA Item in new condition with original packaging, we will return your purchase price and tax stamp cost minus a restocking fee equal to 35% of the purchase price.  When possible, your refund will be credited back to the same payment method used to make the original purchase.  If we are unable to recover the NFA Item in new condition with original packaging, no refund will be made for that item. We work hard to minimize the time from your purchase to your lawful possession, however, the timing of several components of an NFA transaction are out of our control, including ATF processing times for the Form 3 and Form 4, eForms outages and malfunctions, and actions (or inaction) of your selected dealer.  Consequently, by purchasing an NFA Item from us, you agree not to cancel your order after the time the transfer process begins (upon delivery of the NFA Item to your selected dealer) and you agree that no refunds will be given based on any failure to achieve lawful delivery to you by a particular date or within a particular amount of time from purchase.
     • For Form 1 services, refunds will be offered up to the time your Form 1 is submitted to ATF. If you have not yet certified and submitted your eForm 1, please give us a call or email if you would like to request a refund.  No refunds will be offered for Form 1 NFA Services for any reason once your form is submitted to ATF, regardless whether your form is approved, denied, or withdrawn.
     • NFA Services for Braced Firearms Under ATF 2021R-08F. Under ATF Rule 2021R-08F (the “Rule”), ATF announced a new definition of “rifle” that includes certain brace-equipped firearms, as well as a 120-day period in which those firearms may be registered as short-barreled rifles without payment of the normal $200 tax.  This controversial Rule has already generated litigation challenging its validity and constitutionality.  We support several non-profit organizations who oppose this rule, including organizations that have initiated or helped fund litigation challenging this Rule.  During the 120-day period, we are offering our Form 1 services in order to simplify the process for those individuals and entities who choose to file an eForm 1 pursuant to the Rule. By choosing to utilize our NFA Services in connection with the Rule, you acknowledge that the validity, enforcement, or implementation of the Rule may be impacted by numerous factors, including court orders, rulings, or injunctions, proposed or enacted legislation, or future rules, guidance, or interpretations from DOJ or ATF.  You further acknowledge that we (Silencer Shop) may be directly or indirectly involved in activities leading to the invalidation or non-enforcement of the Rule.  Any of these impacting events may occur during or after the 120-day period.  By utilizing our NFA Services in connection with the Rule, you agree that our standard refund and return policy applies, that no refunds will be allowed after we have already provided the services to assist you with submitting your eForm 1, and that you will not seek a refund, initiate a “chargeback,” or take other similar action with regard to your purchase after submission of your eForm 1.
   • Non-NFA Items. Non-NFA Items (such as non-regulated muzzle devices and merchandise) may be returned for a full refund within 30 days if they are in the original packaging and in new condition.  When possible, your refund will be credited back to the same payment method used to make the original purchase.  You are responsible for any shipping charges once the item is in the process of being shipped.
   • Product Defects. For defective returns, please refer to the manufacturer's warranty included with the product or as detailed in the product's description on our Website.
5. Full Auto License and Terms. If you purchase an NFA Item and are utilizing our NFA Services relating to preparation, submission, or certification of any ATF eForm or supporting document, the following license and terms apply:
   • Provision of Access.Subject to the terms and conditions of these Terms, we hereby grant you a revocable, non-exclusive, non-transferable, non-sublicensable, limited right to access and use our Full Auto^TM Software solely to prepare, populate, certify, and submit certain ATF eForms in accordance with the terms and conditions herein.
   • Use Restrictions.You shall not, and shall not permit or facilitate anyone else to, use the Full Auto^TM Software (the “Software”) for any purposes beyond the scope of the access granted in these Terms. You shall not at any time, directly or indirectly, and shall not permit or facilitate anyone else to: (i) copy, modify, or create derivative works of the Software, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Software except as expressly permitted under these Terms; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Software, in whole or in part; (iv) remove any proprietary notices from the Software; (v) use Software in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law, regulation, or rule, including the ATF’s rules regarding use of the eForms system; (vi) circumvent, disable or otherwise interfere with security-related features of the Software or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Software; or (vii) use any robot, spider, scraper or other automated means to access, use or monitor the Software for any purpose.
   • Consent to Disclosure of Tax Return Information.Pursuant to 26 U.S.C. § 6103(c), you authorize and consent to the disclosure of tax returns and tax return information by the Bureau of Alcohol, Tobacco, Firearms, and Explosives to us and you hereby designate us as an authorized recipient of such documents for all purposes allowed by law. This consent includes but is not limited to disclosure of all information, documents, and communications pertaining to any ATF Form 1 (5320.1), Form 3 (5320.3), Form 4 (5320.4), or Form 5 (5320.5), and you authorize us to receive such information either directly or through your use of the Software.
   • Suspension or Termination.Notwithstanding anything to the contrary in these Terms or any prior agreement between us, we may temporarily suspend or permanently terminate your access and license to the Software at any time and for any reason, at our sole discretion. We will have no liability for any damage, liabilities, losses (including any loss of income or profits), or any other consequences that you, your trust, or you may incur as a result of such suspension or termination.
6. Feedback and Reviews.Any feedback, reviews, suggestions, testimonials, endorsements, information or materials you choose to convey to us through the Website, through email, or otherwise in connection with any products or services we offer or sell shall be collectively deemed “Feedback.” You agree to grant and hereby grant to us a non-exclusive, perpetual, irrevocable, royalty free, worldwide license (with the right to grant and authorize sublicenses) to use, display, publish, modify, make, have made, import, offer for sale, sell, reproduce, distribute, modify, adapt, prepare derivative works of, perform, and otherwise exploit such Feedback without restriction.
7. No Legal Advice. The information and materials on the Website and the related links are provided for informational purposes only. They are not intended as and do not constitute legal advice and should not be acted on as such. The materials and links are also not our legal opinions, nor are the materials represented as being all-inclusive, correct, complete, or up-to-date.  Silencer Shop is not a law firm and does not practice law.  None of our customer support, sales, or compliance staff are attorneys and none are qualified or authorized to provide legal guidance or opinions.  Your communications with us are governed by our Privacy Policy but are not protected by an attorney-client privilege or relationship.  Our services and products, including the Single Shot Trust and other trust products are not substitutes for advice from a licensed attorney.  Though the trust templates we utilize were initially prepared and are updated as appropriate by licensed attorneys, information you provide to obtain a Single Shot Trust or other trust product is automatically inserted into the templates without legal interpretation or analysis.  Any information, materials, or products you receive from us are not and will not be customized or tailored to your particular circumstances or needs based on legal analysis specific to your situation.  We strongly encourage you to work with a licensed attorney to ensure any trust form you utilize is appropriate for your specific goals and needs.  If you seek a legal opinion, solution, or guidance from us, these Terms are not waived by any response you might receive. You agree any information of a legal nature you solicit or receive from us or any affiliated party or employee is not a legal service, and you agree to treat any such information as unauthorized and unreliable as a legal opinion. You assume responsibility for determining and obtaining any legal representation you might require because of your use of our products and services.
8. Manufacturer's Warranty and Disclaimers. We do not manufacture or control any of the products or services offered on our Website. The availability of products or services through our Website does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Website. However, the products and services offered on our Website are covered by the manufacturer's warranty as detailed in the product's description on our Website and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.

ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

9. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, LOST OPPORTUNITIES, OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY TRANSACTION FOR THE SALE OF GOODS OR SERVICES UNDER THIS AGREEMENT, ANY PROVISION OR FAILURE TO PROVIDE SERVICES, OR ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, INCLUDING YOUR OR OUR NEGLIGENCE, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to liability resulting from our gross negligence or willful misconduct.

10. Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Website for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
11. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, available here, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Website.
12. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
13. Governing Law and Jurisdiction. The Website is operated from the US. All matters arising out of or relating to these Terms or any sale or provision of goods or services by us to you are governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Texas.
14. Dispute Resolution and Binding Arbitration.
    • YOU AND Hill Country Class 3, LLC d/b/a Silencer Shop ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, DATA PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES FROM US, OR PROVISION OF DATA TO US OR MAINTENANCE OF DATA BY US (INCLUDING PERSONAL IDENTIFIABLE INFORMATION, BIOMETRIC DATA, OR OTHER CONFIDENTIAL OR SENSITIVE INFORMATION), WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION AS DESCRIBED IN THIS SECTION.

• The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

The arbitrator shall award the prevailing party its reasonable attorneys’ fees, including reasonable fees for work performed by in-house counsel, as well as the amount of the arbitrator’s fees and any other costs of arbitration.  In the event of a split ruling, the arbitrator shall split the award of such costs and fees in accordance with each party’s respective success.

• You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR HILL COUNTRY CLASS 3, LLC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

15. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
16. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Hill Country Class 3, LLC.
17. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
18. Notices.
    • To You. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
    • To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to Hill Country Class 3, LLC, c/o Legal Department, 17414 FM 1431, Leander, TX 78641. We may update the address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
19. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
20. Entire Agreement. These Terms, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.