Term
When you accept these Terms of Use (by participating as a User of the Fire Mission Alpha (FMA) Site or the content from any FMA social media posts, emails or texts, or otherwise indicating your assent to these Terms of Use), you are subject to and will be bound by these Terms of Use until such time as your participation as a User of the Fire Mission Alpha site and media ends. These Terms of Use are a legal agreement between Fire Mission Alpha and you, By accepting these Terms of Use you agree (i) that you are 18 years of age and the minimum age of digital consent in your country and (ii) you are the age of majority in your jurisdiction, that you have read, understood, and accept to be bound by the Terms of Use.
Conditions of Use
All content on this site and any social media posts, emails or texts from Fire Mission Alpha, including but not limited to text, graphics, images, audio clips, video and digital downloads, is the property of Fire Mission Alpha or its content suppliers and protected by the United States and international copyright and trademark laws. The compilation of all content on this site is the exclusive property of Fire Mission Alpha and/or its content providers and protected by all applicable United States and international law.
License
Fire Mission Alpha grants you a limited license to access and make personal use of this site and any social media posts, emails or texts from Fire Mission Alpha and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Fire Mission Alpha. This license does not include any resale or commercial use of this site or its contents; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Fire Mission Alpha. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Fire Mission Alpha and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Fire Mission Alpha’s name or trademarks without the express written consent of Fire Mission Alpha. Any unauthorized use terminates the permission or license granted.
If you are under 18, you may use the Fire Mission Alpha site only with involvement of a parent or guardian. Fire Mission Alpha and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Indemnification
User will indemnify, defend, and hold Fire Mission Alpha and its affiliates and each of their respective owners, managers, directors, officers, employees and agents (collectively, the “Indemnified Parties”) harmless against any and all damages, liabilities, losses, fines, penalties, assessments, judgments awards, costs and expenses (including, without limitation, reasonable attorneys’ fees) suffered or incurred by the Indemnified Parties in connection with any suit, action, claim, investigation or proceeding brought by a third party (including, without limitation, any governmental authority) arising out of or in connection with: (i) User’s failure to comply with applicable Laws, (ii) User’s breach of these Terms of Use, or (iii) the negligence or intentional misconduct of User.
Limitation of Liability
All Users and contest/giveaway entrants release Fire Mission Alpha, its content providers, Partners, Sponsors and their respective parent companies, subsidiaries, affiliates, directors, officers, shareholders, employees, advertising and promotion agencies, and any other coordinating agencies involved in the Fire Mission Alpha website, content or sweepstakes/giveaways, from any and all liability whatsoever for any injuries, losses, or damages of any kind for any reason to include entering the sweepstakes or for injuries, losses, or damages of any kind caused by any content, any prize or resulting from acceptance, possession, or use/misuse of prize awarded, or while preparing for, participating in, and/or traveling to and from any prize-related activity.
Jurisdiction
This agreement is governed by the laws of the State of New Jersey, unless preempted by Federal law, without regard to principles of conflict of laws, and the laws of the State of New Jersey will govern these Terms of Use and any dispute of any sort that might arise between you and Fire Mission Alpha and any of its affiliates. By accessing the Fire Mission Alpha site and agreeing to the Terms of Use you agree and consent to exclusive personal jurisdiction in the Superior Court of New Jersey, Hunterdon County or the United States Federal District Court in Newark, New Jersey.
Disclaimers
If used improperly, Guns (Firearms) and other related Products can be dangerous. You agree to follow all manufacturer safety instructions and to use any such Gun in a safe manner, in an approved area, and solely for legal purposes. You are responsible for checking and complying with all local laws before using any firearm. Fire Mission Alpha does not endorse any content provided by third-parties and the views expressed by third-parties are their own and their appearance on this site and any social media posts, emails or texts from Fire Mission Alpha does not imply an endorsement of them or any entity they represent.
Fire Mission Alpha does not manufacture any of the Guns or Products showed or offered on the Fire Mission Alpha Site or other FMA media. Content about Products or services shown on the Fire Mission Alpha Site and any social media posts, emails or texts from Fire Mission Alpha does not indicate an affiliation with or endorsement of any Product, service, person, manufacturer or company. Accordingly, Fire Mission Alpha does not provide any warranties with respect to the Products or services or content on or in the Fire Mission Alpha Site, and any social media posts, emails or texts from Fire Mission Alpha.
Fire Mission Alpha assumes no, and User hereby releases Fire Mission Alpha from any, responsibility for Product defects or malfunctions or for physical injury or property damage, whether resulting in whole or in part from criminal or negligent us e of a Product, improper or careless handling, unauthorized modifications, use of defective, improper hand-loaded, reloaded or remanufactured ammunition, Buyer abuse or neglect of the Product or other influences beyond Fire Mission Alpha’s direct and immediate control, or otherwise.
You understand that handling, cleaning or discharging a Gun, ammunition or ammunition components may cause exposure to lead, and you hereby hold Fire Mission Alpha harmless from and assume all responsibility and liability for any lead exposure.
Miscellaneous
Entire Agreement. These Terms of Use constitute the entire arrangement and understanding between the parties and supersede all prior agreements, negotiations and discussions relating to the subject matter hereof, whether written or verbal. Each party acknowledges that in entering into and performing these Terms of Use it does not do so on the basis of, and does not rely on any statement or representation or warranty or understanding other than as expressly contained in these Terms of Use at the date hereof or subsequently included within these Terms of Use.
Amendments. Fire Mission Alpha may amend these Terms of Use at any time and for any reason (including, without limitation, to comply with applicable Law) by posting the amended terms to the Fire Mission Alpha Site. Our right to amend these Terms of Use includes the right to modify, add to, or remove terms in the Terms of Use. We will provide you advance notice by posting the amended terms. Additionally, we may notify you by email. Your continued access or use of the Fire Mission Alpha Site constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the new or updated Terms of Use through an electronic click-through. Except as required by applicable Law, these Terms of Use may not otherwise be amended except through a written mutual agreement by you and Fire Mission Alpha.
Waivers. In no event will any delay, failure or omission of a party in enforcing, exercising or pursuing any right, claim or remedy under these Terms of Use be deemed as a waiver thereof, unless such right, claim or remedy has been expressly waived in writing.
Notices. Except as otherwise specifically set forth herein, any notices and other communications given or made pursuant to these Terms of Use to you by Fire Mission Alpha will be in writing and will be deemed effectively delivered: (i) when posted to the Fire Mission Alpha Site, or (ii) sent by email to the account provided by the User.
Links from the Fire Mission Alpha Site. The Fire Mission Alpha Site contains links to other sites and resources provided by third parties; these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Fire Mission Alpha Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Objectionable Material. You understand that by using the Fire Mission Alpha Site and/or consuming FMA social media or other media on other platforms or by email or text, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. If you object to any such content, you should cease using the Fire Mission Alpha Site and FMA media on other platforms or content-delivery methods.
Force Majeure. Fire Mission Alpha will have no liability to any User under these Terms of Use to the extent that it is delayed, prevented or hindered in performing any of its obligations under these Terms of Use as a result of any circumstance or occurrence beyond its reasonable control, including, without limitation, acts of God, strikes, blockades, acts of terrorism, riots, storms, earthquakes, explosions, fires, floods, Internet or telecommunications failures/outages/delays, third-party hosting facility failures, denial of service attacks, or other similar occurrences.
Partial Invalidity. If any provision of these Terms of Use or the application of it will be declared or deemed void, invalid or unenforceable in whole or in part for any reason, these Terms of Use will be amended in order to give effect to, so far as is possible, the intent of these Terms of Use. If Fire Mission Alpha fails to amend these Terms of Use, the provision, which is void, invalid or unenforceable, will be deemed deleted and the remaining provisions of these Terms of Use will continue in full force and effect.
Assignment. You may not assign these Terms of Use or your rights and obligations hereunder, either in whole or in part, and whether by operation of law or otherwise, without the prior written consent of Fire Mission Alpha. Any attempted assignment or delegation by you in violation of this Section will be null and void, and will constitute a material breach of these Terms of Use.