Terms and Conditions of Use
By accessing and using the Carolinas First Defense LLC (“CFD”) website (www.carolinasfirstdefense.com, hereinafter “Website”), you agree to be bound by these Terms and Conditions (“Terms”). Your continued use of the Website constitutes acceptance of these terms, as modified from time to time, without notice, at the sole discretion of CFD.
- Login Password. If you have been provided with a login and password, it has been assigned to you and is for your use only. It is not to be given or shared with any other party. If you have a web developer creating or maintaining your site, the developer must register separately for its own login.
- Use of the Website. You are only allowed to use the Website as reasonably required to sell the products displayed, and for no other purpose. “Hot--linking” to CFD servers is strictly prohibited. All Marks/Images (hereinafter defined) may only be saved to the server supporting your website and are not to be copied or transferred to other storage devices. We reserve the right to throttle access by limiting download bandwidth if we find that your usage is excessive or likely to restrict other registered dealers from using the FTP server.
- Acceptable Use. Except for connecting to the Website by http request, you may not attempt to access the Website or the servers by any other means. All high-volume and automated electronic processes are prohibited, which includes scraping, crawling, data-mining, or using any robot, spider, or any other automated device to send queries to the Website or servers.
- Copyright, Trademark, Intellectual Property. The Website contains product images, logos, trademarks, copyright, intellectual property, and other proprietary data (the “Marks/Images”) that constitute the sole property of the product manufacturers, importers, distributors, and others, including CFD, whose Marks/Images are being displayed. No rights in or to the Marks/Images are being conveyed or transferred to you. Any copying, redistribution, publication or retransmission of any portion of the Marks/Images is strictly prohibited. Any unauthorized use or misuse of the Marks/Images is prohibited. The Marks/Images may not be changed or altered in any manner whatsoever. You agree not to commit any act adverse or injurious to the owners of the Marks/Images.
- Termination of Use of the Website. Your right of access to and use of the Website may be terminated by CFD at any time, with or without cause, and with or without notice. Immediately upon any termination of your right to use the Website, you are to discontinue all use of the Marks/Images. The following sections of these Terms shall survive termination of access to the Website: Privacy, Export Policy, Disclaimer of Warranty, Limited Liability, Indemnification, Attorney Fees, and Jurisdiction.
- Pricing Policy. All prices on the Website are subject to change without notice. CFD is not responsible for any pricing errors.
- Manufacturer MAP Policies. You understand that some manufacturers maintain minimum advertised price policies (the “MAP policies”) applicable to certain products displayed or described on the Website. For your convenience, manufacturer MAP policies may be provided on the Website. You also understand that the MAP policies are unilaterally established by the manufacturers themselves and enforced solely by them as well.
- Privacy. You acknowledge that any personal information that you provide through the Website will be governed by the CFD LLC. Privacy Statement.
- Export Policy. Products displayed or described on the Website are strictly prohibited from export without: (i) the express written approval from the manufacturer of the product, and (ii) the applicable U.S. Department of State or Department of Commerce license required to export.
- Compliance with Laws. You agree to fully comply with all federal, state and municipal laws, regulations and other requirements in connection with the sale, shipment and/or delivery of the products displayed or described on the Website. You agree that it is your responsibility to confirm whether all products listed on the Website are legal for purchase, shipment, and resale. You agree that it is your sole responsibility to adhere to all regulatory requirements, including, without limitation, confirmation of the purchaser’s age, verification of identification, and licensing held by the purchaser. You further agree to maintain all the necessary business licenses required by all federal, state, and local laws relating to the sale and distribution of firearms, ammunition and related/accessory products.
- Disclaimer of Warranty. CFD MAKES NO EXPRESS OR IMPLIED WARRANTIES WHATSOEVER WITH RESPECT TO THE OPERATION OF THE WEBSITE, THE CONTENT, OR ANY PRODUCTS PURCHASED. TO THE FULLEST EXTENT PERMITTED BY LAW, RSR DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, AN IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE WEBSITE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. This section is not intended to disclaim any warranty provided by the manufacturer.
- Limited Liability. YOU UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PROVIDED BY LAW, CFD IS NOT LIABLE TO YOU UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF CFD HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO, BUT IS NOT LIMITED TO, ANY DAMAGES OR INJURY ARISING FROM LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS, REGARDLESS OF THE THEORY UPON WITH ANY CLAIM MAY BE BASED.
- Indemnification. You agree to defend, indemnify, and hold harmless CFD, its officers, directors, employees, and agents from and against any and all claims, actions, losses, damages, liabilities, expenses, and costs of every kind, asserted by a third party arising out of or in connection with (i) your failure to comply with these terms and conditions, or (ii) your use of the Website.
- Attorney Fees. In the event it becomes necessary for CFD to enforce any of these terms and conditions by litigation or otherwise, or to defend itself in any controversy or cause of action arising out of your use of the Website, then RSR shall be entitled to recover, in addition to any other relief granted or damages assessed, its attorney’s fees and costs of litigation.
- Jurisdiction. These Terms shall be governed by and interpreted under the laws of the United States and the State of North Carolina. You agree that the exclusive jurisdiction and venue for any action between you and CFD, whether based on, arising out of, or related to, these Terms, shall lie solely and exclusively in the U.S. Federal Courts in Charlotte North Carolina, or, when appropriate, in the State Circuit Court in, and for, Cleveland County, North Carolina.
- General. These Terms represent the complete agreement and understanding between you and CFD regarding the use of the Website. Nothing written in these Terms shall be construed to create an agency, franchise, or partnership relationship with CFD. In the event that any provision is held to be unenforceable by a court of competent jurisdiction, the provision shall be amended only to the extent necessary to make it enforceable. The remainder of the Terms shall remain in full force and effect. The failure of CFD to act with respect to these Terms shall not constitute a waiver and shall not limit CFD’s ability to enforce the Terms at a later point.