Last Updated Date: 02/08/2024 (the “Last Updated Date”)
TERMS AND CONDITIONS FOR 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 offered by Silencer Shop, including through SilencerShop.com (the "Website") and the Silencer Shop Portal (the “Portal”). Hill Country Class 3, LLC d/b/a Silencer Shop (referred to as "us", "we", or "our" as the context may require) may modify these Terms from time to time, after providing notice to you. Any changes to the Terms apply prospectively to any transactions or services made or provided after the “Last Updated Date” referenced in the updated version. The current version of the Terms may be viewed at https://www.silencershop.com/terms-and-conditions-for-sales-and-services You should review these Terms before purchasing any products or services that are available through the Website or the Silencer Shop Portal. Your continued use of the Website or Silencer Shop Portal, or subsequent purchase of goods or services, after the Last Updated Date will constitute your acceptance of and agreement to such modifications to the Terms. 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.
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. We reserve the right to cancel your order or any portion at any time if we have reason to suspect the transaction would result in an unlawful transfer or unlawful possession of a regulated item, or for violation of these Terms.
NFA Items and Services. The terms in this paragraph 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.
GCA Firearms. The terms in this paragraph apply to firearms that are not regulated by the NFA but are regulated by the Gun Control Act (“GCA Firearms”). When you purchase a GCA Firearm from us and identify your selected dealer, you hereby authorize us to transfer the GCA Firearm to your selected dealer, in your state. If you change your mind before we have shipped the GCA Firearm 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 a GCA Firearm 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 the GCA Firearm to you if your possession would violate federal or state law.
Possession Prior To Final Delivery. If your order is cancelled for any reason, if your selected dealer ceases to be a Powered By Silencer Shop dealer, or if your selected dealer becomes at risk of losing their federal firearms license, we may retake possession of any NFA Items or GCA Firearms that are part of your order and/or cause such items to be delivered to another Powered By Silencer Shop dealer, at our sole and absolute discretion.
No Agency Status. Powered By Silencer Shop dealers are separately owned and controlled companies. Neither they nor their employees are agents, representatives, or employees of Silencer Shop and neither they nor their employees have the authority to speak for, represent, act on behalf of, or obligate Silencer Shop in any way.
Prices and Payment Terms.
All prices, discounts, and promotions posted on the Website or Silencer Shop Portal 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 or clerical errors, inaccuracies, or omissions related to pricing and availability. If such an inadvertent error occurs, we may correct any errors, inaccuracies, or omissions at any time prior to the delivery of the affected product(s) or service(s) and/or cancel any orders arising from such occurrences.
We may offer, from time to time, promotions on the Website or Silencer Shop Portal 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 or Portal at the time of your order.
We are not responsible for third-party rebates or other promotions, regardless of whether we provide notice or advertising of such third-party rebates or other promotions, or the terms and conditions of such rebates or promotions, on our Website or Portal. Silencer Shop has no obligation to fulfill such third-party offers; fulfillment is the sole obligation of the third-party offering the rebate or promotion, in accordance with its stated terms and conditions.
Shipments; Delivery; Title and Risk of Loss.
We will arrange for shipment of the products to you (except for NFA Items and GCA Firearms, 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 delivering your order.
Title and all risk of loss pass to you upon our transfer of the products to the carrier, whether for delivery to you or to your selected dealer. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Returns and Refunds. The following information pertains to returns of all items except those purchased through the SBR BuilderTM For returns or refunds pertaining to items purchased through the SBR Builder program, please see the section below by that title.
Third-Party Purchases. The terms in this Section regarding returns and refunds apply only to purchases made directly from Silencer Shop, whether through the Silencer Shop Website, Silencer Shop Portal, or over the phone with an authorized representative of Silencer Shop. Products or services you purchase directly from your local dealer or other third-party cannot be returned to or refunded by Silencer Shop. In certain instances, local dealers may collect payments for services to be performed by Silencer Shop, including payments for NFA tax stamps or trust services. In those situations, the dealer is responsible for entering into a separate transaction with Silencer Shop to procure these services. If you purchase these services from your local dealer, you will only be able to seek a refund for those services from your local dealer in accordance with your dealer’s refund policy. This is true even if that local dealer is a Powered By Silencer Shop dealer. Powered By Silencer Shop dealers are separately owned and controlled companies. Neither they nor their employees are agents, representatives, or employees of Silencer Shop and neither they nor their employees have the authority to speak for, represent, act on behalf of, or obligate Silencer Shop in any way. If you would like the below terms regarding returns and refunds to apply to your purchase, you must purchase these services directly from Silencer Shop, either through the Silencer Shop Website, Silencer Shop Portal, or over the phone with an authorized Silencer Shop representative.
NFA Items and Services. With the exception of items purchased through our SBR BuilderTM program (see below), 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. Silencer Shop will cease taking new tax-exempt Form 1 orders prior to ATF’s submission deadline in order to give every customer the opportunity to complete their submission within the 120-day period. Nonetheless, several variables are out of our control, including delays in customer submission of necessary information, delays in customer certification, and unavailability or slow-downs with ATF’s eForms system (particularly in the final days of the 120-day period when volume is expected to substantially increase). Due to these and other variables, Silencer Shop cannot guarantee submission of your Form 1 within the 120-day period. However, you may request a refund at any time prior to submission of your Form 1, either before or after the submission deadline.
GCA Firearms. You may request a full refund of your purchase of a GCA Firearm at any time before the GCA Firearm has been shipped to your selected dealer. To request a refund, please give us a call or send us an email before the item is shipped and we will help you make changes to your order or issue a full refund.
Accessories and Parts. Accessories, non-serialized firearms parts, and other items (such as non-regulated muzzle devices and merchandise), which do not constitute NFA Items or GCA Firearms, may be returned for a full refund within 30 days of purchase if they are in the original packaging and in new, unused 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 or Portal.
SBR BuilderTM Program.
Engraving. By purchasing through the program and providing your registrant name, city, and state, you authorize us to engrave that information into your lower receiver in order to facilitate the lawful making of an SBR upon approval of your related eForm 1. Lower receivers purchased through the program will be engraved prior to delivery to your selected dealer.
Delivery of Lower and Upper Receivers. By purchasing a lower and upper receiver combination through the program, you authorize us to: (i) deliver your engraved lower receiver to your selected Powered By Silencer Shop dealer; and (ii) deliver your upper receiver to you, directly, after approval of your related eForm 1. You acknowledge and agree that we will not submit your eForm 1 until you confirm receipt and possession of your engraved lower receiver, and that we will not deliver your upper to you until you confirm ATF’s approval of your related eForm 1. ATF’s processing times vary, so we cannot guarantee a specific delivery date or time period. If your related eForm 1 is denied, we will cancel the order for your upper receiver and your engraved lower receiver may be returned to us during the return period, as described in the below paragraph. You represent and warrant that your confirmations to us, described above, will be true and accurate. Providing false confirmations constitutes a breach of these Terms and may result in cancellation of any pending orders and refusal to accept future orders.
Returns. Notwithstanding any other terms stated herein, any items, including firearms and firearm parts/components, purchased through our SBR BuilderTM program may only be returned subject to the terms of this paragraph. Upper receivers, lower receivers, and related parts and components purchased as a set under the SBR Builder program may only be returned as a complete set. For example, if you return your lower receiver before shipment of your upper receiver, the order for your upper receiver will be canceled; if you return your upper receiver or cancel your order for your upper receiver, no refund will be issued until you have returned your lower receiver. All items that have been shipped or delivered under the program, including but not limited to engraved lower receivers, are subject to a 50% restocking fee. All firearms and firearm parts or components sold under the program may only be returned if they are in new, unused condition and in original packaging. Unless your eForm 1 is disapproved, all returns of any firearms or parts sold under the program must be initiated within sixty (60) days from delivery of the engraved lower receiver to your selected dealer. To make a return, you must provide written notice of your intent to return the items and the reason for your return to firstname.lastname@example.org within the applicable return period AND we must receive delivery of the returned items in unused condition and in original packaging no later than fifteen (15) calendar days after your written notice. You are responsible for all shipping costs for returned items. If your eForm 1 was submitted, you must contact ATF to void or withdraw your eForm 1 and you must provide evidence that your eForm 1 was voided or withdrawn prior to returning your firearm (you are responsible for taking these actions). If for any reason your eForm 1 was disapproved, we will cancel your order for the associated upper receiver and you may return your lower receiver within thirty (30) days of the date of disapproval listed on your eForm1. You must provide a copy of your disapproved eForm 1 and must comply with all other conditions stated above for returns. In such case, you will receive a complete refund for any unshipped items but all shipped items remain subject to a 50% restock fee.
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 these Terms, we hereby grant you a revocable, non-exclusive, non-transferable, non-sublicensable, limited right to access and use our Full AutoTM 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 AutoTM 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 your company may incur as a result of such suspension or termination.
Feedback and Reviews.Any feedback, reviews, suggestions, testimonials, endorsements, information or materials you choose to convey to us through the Website or Portal, 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, make, have made, import, offer for sale, sell, reproduce, distribute, modify, adapt, prepare derivative works of, perform, and otherwise exploit such Feedback without restriction.
Manufacturer's Warranty and Disclaimers. We do not manufacture or control any of the products or services offered on our Website or Silencer Shop Portal. The availability of products or services through our Website or Portal 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 or Portal. However, the products and services offered on our Website or Portal are covered by the manufacturer's warranty as detailed in the product's description on our Website or Portal, and which are 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 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.
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 GOODS OR 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 OR CLAIM AGAINST US 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.
Goods Not for Resale or Export. If you are not a Federal Firearms Licensee, you represent and warrant that you are buying products or services from the Website or Silencer Shop Portal 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.
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.
Governing Law and Jurisdiction. The Website and Silencer Shop Portal are 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.
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.
No amendment of this Section 14, titled Dispute Resolution and Binding Arbitration, shall apply to any claim, dispute, or controversy of which Silencer Shop had actual notice on the date of amendment.
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.
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.
No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
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 or Silencer Shop Portal. 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 or Silencer Shop Portal. 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.
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.