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Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Amped Airsoft LLC. The collective work includes works that are licensed to Amped Airsoft LLC. Copyright 2003, Amped Airsoft LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Amped Airsoft LLC or purchasing Amped Airsoft LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Amped Airsoft LLC or to purchase Amped Airsoft LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Amped Airsoft LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Amped Airsoft LLC used in the site are trademarks or registered trademarks of Amped Airsoft LLC
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without any additional warranties of any kind from Amped Airsoft LLC. Some items will come with a manufacturer warranty, but Amped Airsoft LLC does not offer any warranties beyond those of the manufactures. The customer is liable for researching and following manufacturer protocol when utilizing a products warranty. To the fullest extent permissible pursuant to applicable law, Amped Airsoft LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Amped Airsoft LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Amped Airsoft LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Amped Airsoft LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Amped Airsoft LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Amped Airsoft LLC product is mistakenly listed at an incorrect price, Amped Airsoft LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Amped Airsoft LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Amped Airsoft LLC shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Amped Airsoft LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Amped Airsoft LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Amped Airsoft LLC.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Amped Airsoft LLC products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Amped Airsoft LLC products) must be commenced within one (1) year after the claim or cause of action arises. Amped Airsoft LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Amped Airsoft LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Amped Airsoft LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Amped Airsoft LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Amped Airsoft LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Amped Airsoft LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Amped Airsoft LLC in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Amped Airsoft LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Amped Airsoft LLC may link to sites operated by third parties. However, even if the third party is affiliated with Amped Airsoft LLC, Amped Airsoft LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Amped Airsoft LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Amped Airsoft LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
General Airsoft Liability
Any person who changes, alters, removes, or obliterates any coloration or markings that are required for by any applicable state or federal law or regulation, for any imitation firearm (replica firearm), or device in any way that makes the imitation firearm (replica firearm) or device look more like a firearm is guilty of violating the state or federal law.
Laws Affecting the Use of Airsoft Replicas
All airsoft guns are required to have the tip (1/4 inch) of the barrel permanently colored in blaze orange. No person may openly display or expose any imitation firearm (replica firearm), in a public place. The term "public place" means an area open to the public or exposed to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles, whether moving or not, and buildings open to the general public, including those that serve food or drink, or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.
Legal Age Certification
By accessing the Site, you certify that you are older than 18 years of age or the age of majority where you live, whichever is older; that you are the owner of any credit card used to purchase an items on the Site; that you are familiar with all local laws in your area affecting your legal right to access airsoft products.
Waiver and Release of Liability
In consideration of Amped Airsoft, furnishing services and/or equipment to enable me to participate in Airsoft games, I agree as follows:
I fully understand and acknowledge that (a) risks and dangers exist in use of Airsoft equipment and my participation in Airsoft activities; (b) my participation in such activities and/or use of equipment may result in my injury or illness including but not limited to bodily injury, disease strains, fractures, partial and/ or total paralysis, eye injury, blindness, heat stroke, heart attack, or other ailments that could cause serious disability; (c) these risks and dangers may be caused by the negligence of owners, employees, office or agents of Amped Airsoft; the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes. These risks and dangers may arise from foreseeable or unforeseeable causes; and (d) by my participation in these activities and/or use of equipment, I hereby assume all risks and dangers and all responsibility for any losses and/ or damages, whether caused by whole or in part by the negligence or other conduct of owners, agents, officers, employees of Amped Airsoft, or by any other person.
I, on behalf of myself, my personal representatives and my heirs, hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify, Amped Airsoft and it’s owners, agents, officers and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of service or otherwise which may arise out of my use of Airsoft equipment or my participation in Airsoft activities. I specifically understand that I am releasing, discharging and waving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by owners, agents, officers, or employees of Amped Airsoft.
I HAVE READ THE ABOVE WAIVER AND RELEASE AND AGREE IT IS IN MY INTENTION TO EXEMPT AND RELIEVE AMPED AIRSOFT FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANT OTHER CAUSE.
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