CONDITIONS OF USE

USE OF THE ALL GEARED UP! WEBSITE CONSTITUTES YOUR LEGALLY BINDING AGREEMENT TO ABIDE BY OUR STORE POLICIES, TERMS AND CONDITIONS.  WE ENCOURAGE YOU TO REVIEW THE FOLLOWING INFORMATION CAREFULLY.  BY PLACING AN ORDER WITH ALL GEARED UP!  YOU AGREE TO BE LEGALLY BOUND BY THE FOLLOWING STORE POLICIES, TERMS AND CONDITIONS.

 

 

 

 

WARRANTY FOR NEW FIREARMS AND PRODUCTS

MOST NEW FIREARMS AND PRODUCTS ARE WARRANTED BY THE MANUFACTURER AND PRODUCT RETURNS OR REPAIRS SHOULD BE ARRANGED DIRECTLY WITH THE MANUFACTURER.

WE DO NOT PROVIDE A WARRANTY OR REPAIRS FOR ANY ITEM WE SELL.

MOST MANUFACTURERS REQUIRE THE CUSTOMER PAY SHIPPING TO GET A FIREARM TO THEM FOR REPAIR, WE ENCOURAGE THE BUYER TO CHECK OUT THE WARRANTY, IF AVAILABLE, BEFORE COMPLETING THE PURCHASE.

PLEASE EXPECT TO PAY SHIPPING IF YOU HAVE A WARRANTY ISSUE, UNFORTUNATELY THIS IS THE POLICY OF MOST MANUFACTURERS.

MANUFACTURER DEFECTS, INCLUDING COSMETIC DEFECTS, MUST BE HANDLED BY THE MANUFACTURER, PLEASE CONTACT THEM FOR REPLACEMENT OR REPAIR OF YOUR ITEM.

 

INDEMNIFICATION AGREEMENT

I FULLY AGREE THAT IF ANY OF MY REPRESENTATIONS WHEN MAKING PURCHASES UNDER THE TERMS OF SALE ARE INCORRECT OR IF I FAIL TO COMPLY WITH THESE TERMS OF SALE, THEN I WILL INDEMNIFY, DEFEND, SALE HARMLESS, AND RELEASE ALL GEARED UP, LLC AND ITS OWNERS, AGENTS, OFFICERS, AND EMPLOYEES AGAINST ANY CIVIL LIABILITY OR CRIMINAL PROSECUTION RESULTING FROM MY PURCHASE FROM ALL GEARED UP, LLC (DBA ALLGEAREDUPFFL.COM)

I FULLY AGREE THAT BY PLACING MY ORDER, I RELEASE ALL GEARED UP, LLC FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS I PURCHASED FROM ALL GEARED UP!, INCLUDING (BUT NOT LIMITED TO) MY OR ANYONE ELSE’S HANDLING OR TRANSPORTATION OF THE PRODUCT, AND I AGREE TO INDEMNIFY, DEFEND, SAVE HARMLESS, AND RELEASE ALL GEARED UP! ITS OWNERS, AGENTS, OFFICERS, AND EMPLOYEES AGAINST ANY CIVIL LIABILITY OR CRIMINAL PROSECUTION RESULTING FROM THE PRODUCTS I PURCHASED FROM ALL GEARED UP!, ALL GEARED UP, LLC (WWW.ALLGEAREDUPFFL.COM)

 

ONLINE PRICE AND/OR DESCRIPTION ERRORS

OUR ONLINE INVENTORY CHANGES CONSTANTLY THROUGHOUT THE DAY – INVENTORY OUT OF STOCKS CAN HAPPEN DUE TO A VARIETY OF REASONS – IF WE EXPERIENCE AN OUT OF STOCK WITH YOUR ORDER WE WILL TRY TO FILL YOUR ORDER FOR 5 BUSINESS DAYS, IF WE ARE UNABLE TO FULFILL YOUR ORDER WE WILL REFUND YOUR ORDER IN FULL.

OCCASIONALLY AN ITEM MAY APPEAR ON THE SITE BY MISTAKE OR THE ITEMS DESCRIPTION MAY CONTAIN A TYPOGRAPHICAL ERROR. WE DO NOT GUARANTEE THAT TITLES, DESCRIPTIONS, PICTURES OR PRICES ON OUR SITE ARE ERROR-FREE.  BUYER AGREES TO RETURN RECEIVED PRODUCT TO SELLER THAT HAVE A SUBSTANTIAL ERROR OR MISTAKE AS DETERMINED BY SELLER.

 

 

SECURE TRANSMISSION

ALL INFORMATION COLLECTED DURING THE CHECKOUT PROCESS IS TRANSMITTED VIA INDUSTRY STANDARD TRANSPORT LAYER SECURITY (TLS) – A TRANSPORT LAYER SECURITY (TLS) CERTIFICATE (OR SSL CERTIFICATE) CREATES AN ENCRYPTED CONNECTION BETWEEN A WEB SITE AND A VISITORS WEB BROWSER – THIS LINK ENSURES THAT ALL DATA PASSED BETWEEN THE WEB SITE AND THE BROWSER REMAINS PRIVATE AND SECURE.

 

 

CUSTOMER SERVICE

IF YOU ENCOUNTER ANY PROBLEMS WITH YOUR ORDER OR THE CHECKOUT PROCESS, OR IF YOU HAVE ANY QUESTIONS ABOUT THE STATUS OF YOUR ORDER, SIMPLY CONTACT US THROUGH OUR CONTACT US PAGE.

 

CREDIT / DEBIT CARD CHARGE-BACKS

USE OF OUR SITE CONSTITUTES A LEGALLY BINDING AGREEMENT TO FOLLOW OUR STORE POLICIES, TERMS AND CONDITIONS WITHOUT FAIL.  ALL CREDIT CARD CHARGE-BACKS WILL BE ACTIVELY PURSUED THROUGH COLLECTION AND / OR JUDICIAL AND / OR LEGAL MEANS.  THE FOLLOWING FEES WILL BE ACCESSED ON ALL CREDIT CARD CHARGE-BACKS:

1) CREDIT / DEBIT CHARGE-BACK FEE: $25.00

2) ADMINISTRATIVE FEE: $50.00

3) COLLECTION FEE: CUSTOMER WILL BE RESPONSIBLE FOR ORIGINAL CHARGE-BACK AMOUNT PLUS ALL COLLECTION RECOVERY COSTS, INCIDENTAL COSTS AND ATTORNEY'S FEES.

 

DISCLOSURE

BY USING OUR SITE IN ANY WAY, BUYER AGREES WE MAY DISCLOSE THEIR PERSONAL INFORMATION IF YOU VIOLATE OUR STORE POLICIES OR WE ARE REQUIRED TO BY LAW.

 

LIMITATION OF LIABILITY

ALL GEARED UP! PROVIDES THIS SITE ON AN "AS AVAILABLE" AND "AS IS" BASIS.  ALL GEARED UP! MAKES NO WARRANTY (EXPRESSED OR IMPLIED) AS TO THE OPERATION OR CONTENT ON THIS SITE.  YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK. ALL GEARED UP! CANNOT WARRANT THIS SITE, SERVERS OR EMAIL COMMUNICATIONS CONNECTED WITH THE USE OF THIS SITE ARE VIRUS FREE. WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES RESULTING FROM THE USE OF THIS SITE INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

 

SEVERABILITY

IN THE EVENT THAT ANY PROVISION OF THESE STORE POLICIES, TERMS AND CONDITIONS IS DETERMINED TO BE UNLAWFUL, VOID OR UNENFORCEABLE, SUCH PROVISION SHALL NONETHELESS BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE UNENFORCEABLE PORTION SHALL BE DEEMED TO BE SEVERED FROM THESE STORE POLICIES, TERMS AND CONDITIONS.  SUCH DETERMINATION SHALL NOT AFFECT THE VALIDITY AND ENFORCE-ABILITY OF ANY OTHER REMAINING PROVISIONS.

 

ENTIRE AGREEMENT

THE FAILURE OF US TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THESE TERMS OF SERVICE SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION.  THESE STORE POLICIES, TERMS AND CONDITIONS OR OPERATING RULES POSTED BY US ON THIS SITE OR IN RESPECT TO THE SERVICE CONSTITUTES THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN YOU AND US AND GOVERN YOUR USE OF OUR SITE AND SERVICES, SUPERSEDING ANY PRIOR OR CONTEMPORANEOUS AGREEMENTS, COMMUNICATIONS AND PROPOSALS, WHETHER ORAL OR WRITTEN, BETWEEN YOU AND US (INCLUDING, BUT NOT LIMITED TO, ANY PRIOR VERSIONS OF THE STORE POLICIES, TERMS AND CONDITIONS).

ANY AMBIGUITIES IN THE INTERPRETATION OF THESE STORE POLICIES, TERMS AND CONDITIONS SHALL NOT BE CONSTRUED AGAINST THE DRAFTING PARTY.   USE OF THIS SITE CONSTITUTES AGREEMENT THAT CLARIFICATION OF ANY AMBIGUITIES WILL BE AT THE SOLE DISCRETION OF DIAMOND S SHOOTING SPORTS.

 

ATTORNEY'S FEES

SHOULD ALL GEARED UP, LLC EMPLOY COUNSEL OR INCUR ANY COSTS IN ENFORCING ANY RIGHT ARISING OUT OF OR RELATING TO THIS AGREEMENT, IT SHALL BE ENTITLED TO RECOVER SUCH REASONABLE COSTS AND LEGAL FEES RELATED TO SUCH ENFORCEMENT INCLUDING BUT NOT LIMITED TO RETAINING A DEBT COLLECTION SERVICE FOR COLLECTION OF ANY MONIES OWED TO ALL GEARED UP, LLC AS DESCRIBED IN OUR STORE POLICES, TERMS AND CONDITIONS.

 

JURISDICTION AND ALL OTHER LEGAL MATTERS

BY PLACING AN ORDER OR USING OUR SITE IN ANY WAY, BUYER AND/OR USER OF THIS SITE AGREES THAT ANY MATTER, FINANCIAL OR WHATEVER, BE GIVEN LEGAL JURISDICTION IN DURHAM COUNTY, NORTH CAROLINA.  ANY USER OF OUR SITE WAIVES ANY RIGHT TO TRAIL BY JURY.

BUYER AND/OR USER OF THIS SITE AGREES THAT ALL GEARED UP! AND/OR ITS ASSIGNEE'S HAVE A LEGAL RIGHT TO COLLECT ANY PERSONAL PROPERTY OF THE BUYER AND/OR USER OF THIS SITE TO SATISFY ANY MONIES OR JUDGMENTS OWED TO DIAMOND S SHOOTING SPORTS AND/OR ITS ASSIGNEE'S.

FAILURE TO COMPLY WITH THE STORE POLICIES LISTED ABOVE MAY RESULT IN CRIMINAL CHARGES FOR THEFT OF SERVICES, THEFT AND THEFT BY DECEPTION OR ANY OTHER APPLICABLE CHARGE.

 

CHANGES TO STORE POLICIES, TERMS AND CONDITIONS

YOU CAN REVIEW THE MOST CURRENT VERSION OF THE STORE POLICIES, TERMS AND CONDITIONS AT ANY TIME AT THIS PAGE.  WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO UPDATE, CHANGE OR REPLACE ANY PART OF THESE STORE POLICIES, TERMS AND CONDITIONS BY POSTING UPDATES AND CHANGES TO OUR WEBSITE.  IT IS YOUR RESPONSIBILITY TO CHECK OUR WEBSITE PERIODICALLY FOR CHANGES.  YOUR CONTINUED USE OF OR ACCESS TO OUR WEBSITE FOR THE SERVICE FOLLOWING THE POSTING OF ANY CHANGES TO THESE STORE POLICIES, TERMS AND CONDITIONS CONSTITUTES ACCEPTANCE OF THOSE CHANGES.

 

ELECTRONIC COMMUNICATIONS

 

When you visit Allgearedffl.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

COPYRIGHT

 All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Allgearedupffl.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Allgearedupffl.com and protected by U.S. and international copyright laws. All software used on this site is the property of Allgearedupffl.com or its software suppliers and protected by United States and international copyright laws.

 

YOUR ACCOUNT

 If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use Allgearedupffl.com only with involvement of a parent or guardian. Allgearedupffl.com and its’ affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

 

 REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

  

Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Allgearedupffl.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Allgearedupffl.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Allgearedupffl.com and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Allgearedupffl.com or its affiliates for all claims resulting from content you supply. Allgearedupffl.com has the right but not the obligation to monitor and edit or remove any activity or content. Allgearedupffl.com takes no responsibility and assumes no liability for any content posted by you or any third party.

 

RISK OF LOSS 

 

All items purchased from Allgearedupffl.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

PRODUCT DESCRIPTIONS

 Allgearedupffl.com and its affiliates attempt to be as accurate as possible. However, Allgearedupffl.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Allgearedupffl.com itself is not as described, your sole remedy is to return it in unused condition.

 

 

 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

 

 TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Allgearedupffl.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  Allgearedupffl.com DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Allgearedupffl.com ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Allgearedupffl.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

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-FIREARMS

 

CUSTOMER RESPONSIBILITY

 

Like many other items we use, when used improperly firearms can be dangerous. By purchasing through this system you agree to follow all manufacturer safety instructions and to only use the firearms in a safe manner in an approved area for a legal purpose.

 

YOU are assuming all responsibility for the legality of a specific item when you purchase it.

 

YOU are responsible for checking all local laws before ordering or using an item from Allgearedupffl.com or any manufacturer whose product is sold here.

 

YOU are responsible for complying with all firearms laws in your area.

 

YOU must notify us immediately should you have any concerns about the legality of any product you have ordered.

 

YOU are responsible for payment for all orders placed through this online system. If you are not sure if you want something - do not order it.

 

YOU must be of legal age to own any items you order.

 

YOU must be at least 18 years of age to purchase ANY item from Allgearedupffl.com. Allgearedupffl.com may request a copy of your state identification before shipping your order.

 

YOU must provide a valid contact phone number with any order placed. Allgearedupffl.com may contact you at the provided phone number before processing any order.

 

If you have any questions whatsoever, it is YOUR RESPONSIBILITY TO CALL AND INQUIRE BEFORE ORDERING! Our Phone Number is: (919) 649-6673. In making a purchase from Allgearedupffl.com, YOU declare and warrant that:

 

YOU are not prohibited by Federal or State law, or local ordinance, from receiving firearms or ammunition, or ammunition components, of any kind.

 

YOU are at least eighteen (18) years of age if purchasing long guns or long gun ammunition or ammunition components.

 

YOU are at least twenty-one (21) years of age if purchasing a hand gun or ATF-defined “OTHER” firearm (including, but not limited to, stripped receivers, frames, and pistol-grip shotguns) OR ammunition or ammunition components for use in handguns.

 

YOU are the actual transferee/buyer of the firearm(s) you are purchasing from Allgearedupffl.com.  (WARNING: You are not the actual buyer if you are acquiring the firearm(s) on behalf of another person).

 

YOU are not under indictment or information in any court for a felony, or any other crime, for which the judge could imprison you for more than one year.

 

YOU have not been convicted in any court of a felony, or any other crime, for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation.

 

YOU are not a fugitive from justice.

 

YOU are not an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance.

 

YOU have not been adjudicated mentally defective (which includes a determination by a court, board, commission, or other lawful authority that you are a danger to yourself or to others or are incompetent to mange your own affairs) OR have not been committed to a mental institution.

 

YOU have not been discharged from the Armed Forces under dishonorable conditions.

 

YOU are not subject to a court order restraining you from harassing, stalking, or threatening your child or an intimate partner or child of such partner.

 

YOU have not been convicted in any court of a misdemeanor crime of domestic violence.

 

YOU have never renounced your United States citizenship.

 

YOU are not an alien illegally in the United States.

 

YOU are not currently on Federal NICS or State agency “DELAY” OR “DENIED” status regarding your most recent attempt to purchase a firearm.  Firearm AND/OR ammunition or ammunition component sales or transfers are prohibited during these conditions.

 

YOU understand that handling, cleaning, or discharging firearms, ammunition or ammunition components may cause exposure to lead, and YOU hold Allgearedupffl.com harmless and YOU assume all responsibility for any lead exposure.

 

ITAR (International Traffic in Arms Regulations) and EAR (Export Administration Regulations) Compliance Statement

 

By ordering any product(s) from Allgearedupffl.com website, you certify that you, or third-party entities at your direction, will not sell, transport, ship or transfer outside the borders of the United States, nor to any foreign person*, any product(s) which are export-restricted by U.S. export-control law and regulation, without proper U.S. Government export authorization, licensing, and documentation.

 

Export-restricted items include, but are not limited to, firearms, ammunition, electronic equipment, certain gear and firearm accessories, weapon-mounted or handheld optical equipment including rifle or handgun scopes, night vision and night vision accessories, holographic sight systems, “red-dot” optics, thermal vision, and tactical lights and lasers, knives, and body armor including vests, helmets and shields.

 

You must indicate on your order if you intend for an item(s) to be exported.  An indication of desire of exportation in no way compels Allgearedupffl.com to assist with export in any way, before or after purchase of an item(s).  Export, or attempt to export, any controlled or prohibited items outside of the U.S. without complying with U.S. export control regulations can result in severe civil and criminal penalties and/or constitute a federal crime.  Allgearedupffl.com will not participate in any transaction, directly or indirectly, involving the illegal export or re-export of any prohibited items.

 

 * “Foreign Person” under ITAR § 120.16 means “any natural person who is not a lawful permanent resident as defined by 8 U.S.C. § 1101 (a)(20) or who is not a protected individual as defined by 8 U.S.C. § 1324b(a)(3)”, and can mean “any foreign corporation, business association, trust, society, or any other entity or group that is not incorporated or organized to do business in the U.S., as well as international organizations, foreign governments, and any agency or subdivisions of government (e.g. diplomatic missions).”