KNOWAMMO.COM SUBSCRIBER TERMS OF USE

General Terms and Conditions

Please read these KnowAmmo.com Subscriber Terms of Use and the hyperlinked policies referred to herein (collectively the "Terms of Use") carefully before using the KNOWx, LLC (“KnowAmmo.com”) website and subdomains (collectively, the “KnowAmmo.com Site”), and other services offered by KnowAmmo.com. This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.

KnowAmmo.com does NOT sell ammunition.  However, KnowAmmo.com makes it easy for sport and competitive shooters to find ammunition for their firearms (most calibers for handguns and center-fire rifles) at local retail stores

These Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

These Terms of Use apply to all Subscribers of the KnowAmmo.com Site, including without limitation Subscribers, Dealers (as defined below), contributors of content, information and other materials or services on the site (each a “Subscriber” and, collectively “Subscribers”). By acknowledging your assent to these Terms of Use or by submitting InStockAmmo Reports submitting information to the KnowAmmo.com Site or becoming a “Subscriber” to the KnowAmmo.com Site, or by accessing “KnowAmmo Reports” to obtain information from the KnowAmmo.com Site, you affirm that you are of legal age to enter into this agreement and you accept and are legally bound by these Terms of Use.

You may not use the KnowAmmo.com Site if you (a) do not agree to and comply with these Terms of Use, or (b) are prohibited from accessing or using the KnowAmmo.com Site or any of the KnowAmmo.com Site’s services by applicable Law (as defined below).

We reserve the right to modify or terminate these Terms of Use, or modify the services we provide, at any time.

KnowAmmo.com Subscription for Use of Services.  KnowAmmo.com has developed and operates a crowd-sourced platform serving as an information exchange providing Subscribers with simple tools and convenient notifications to find “local” (as defined below) retail stores (in the United States of America, but excluding U.S. territories and foreign countries) from which Subscribers may buy desired ammunition.  The term “local” indicates a retail store within 15 miles of a Subscriber’s “Primary Location” entered by the Subscriber at the time of subscription to the KnowAmmo.com Site.  The term “Primary Location” refers to a fixed address entered by a Subscriber at the time of subscription from which a 15 -mile radius is calculated. 

The principal Service provided by the KnowAmmo.com Site is providing a timely and documented NOTICE to Subscribers of the availability (at time of submission) of desired ammunitions at a local retail store. This notice is referenced herein as a “KnowAmmo Notice” or “KAN.”  KANs are based on information obtained by Subscribers and submitted to KnowAmmo.com.  Subscribers to KnowAmmo.com are able and encouraged to prepare and submit a detailed and thorough  “InStockAmmo Report” (also called an ISA Report) at a retail store in which they find in-stock ammunition (with images of the ammo shelves) via the KnowAmmo.com Site.

When an InStockAmmo Report is submitted identifying a retail store with currently available ammunition meeting the Subscriber’s desired calibers that is also within 15 miles of the Subscriber’s Primary Location, the KnowAmmo.com Site will send message via the KnowAmmo.com Site to the Subscriber.  As other Subscribers visit the store to find their ammunition, they should also prepare and submit an Updated ISA Report on remaining ammunition in stock at that store.

Individuals wishing to receive KAN notifications of local in-stock ammunition may subscribe to the KnowAmmo.com Site under one of several subscription plans for a modest fee.

How Are KANs Generated?  Since KnowAmmo.com is a “crowd-sourced” site, it depends on thorough and accurate information provided by KnowAmmo subscribers. When a Subscriber locates in-stock ammunition at a retail store, the Subscriber prepares and submits an “InStockAmmo Report” (also referenced herein as an ‘ISA Report’) to the KnowAmmo.com Site. The InStockAmmo Report contains over 30 calibers with checkboxes and accepts up to three (3) photo images of the ammo shelves. By checking available calibers and submitting images, our Subscribers will help each other find the ammunition they need.  Upon receipt of an initial ISA Report, KnowAmmo.com will generate a KnowAmmo Notice and immediately send that KAN via the KnowAmmo application to all Subscribers who meet BOTH of the following conditions:

(1)   The Subscriber’s Primary Location is within a 15-mile radius from the retail store identified in a Subscriber-submitted InStockAmmo Report; AND

(2)   The various ammunitions identified in the ISA Report as available for sale match AT LEAST one (and in other cases some or all) of the desired calibers identified by the Subscriber in the Subscriber’s user profile.

We encourage all of our valued Subscribers to prepare and submit InStockAmmo Reports to KnowAmmo.com when you find in-stock ammunition.  Your contribution in this way will help your fellow Subscribers find the ammunition they need via KnowAmmo.com.

Payment for Services. When a Subscriber receives a KAN, the Subscriber may choose to open or ignore the KAN.  If the Subscriber chooses to open the KAN, the Subscriber receives and consumes the KnowAmmo.com Services. The Services are considered DELIVERED when the Subscriber actually OPENS A KNOWAMMO NOTICE (“KAN”).  How the Subscriber pays for the Services depends on the type of Subscription selected by the Subscriber.

Use-Based Subscription:  Subscribers who choose a “Use-Based Subscription” agree to pay a Subscriber Fee (as defined in the terms of the selected subscription plan) for each KAN opened by the Subscriber, subject to the following conditions and limitations:

·        Subscribers may open and access the information in a KAN (whether “active” or “expired” as defined below) when received or at any time thereafter. KANs are considered “active” for 48 hours after KnowAmmo.com receives the initial InStockAmmo Report. During the ensuing 48 hours, Subscribers visiting the subject retailer may prepare and submit one or more Updated ISA Reports providing updated information to the KnowAmmo.com Site regarding that retailer’s remaining inventory.

o   As KANs are updated, Subscribers will not receive additional KAN notices.  However, when a Subscriber opens a KAN, the information contained therein will be the most updated information available to KnowAmmo. 

o   After 48 hours, the KAN is considered expired and may not be updated. 

o   When a Subscriber opens a KAN (whether active or expired) accessing the information contained therein, the Subscriber will be deemed to have consumed a KAN and may be charged a subscription fee depending on the subscription plan selected:

o   If KnowAmmo.com Site receives one or more Updated ISA Reports after generating an initial KAN and before the Subscriber opens the KAN, and the most recent updated information continues to include the availability of desired calibers, the Subscriber will be considered to have consumed one KAN and may be charged a Subscriber Fee for accessing that KAN.

o   If KnowAmmo.com Site receives updated ISA Reports after generating an initial KAN and before the Subscriber opens the KAN, and the most recent updated information does NOT include the availability of at least one of Subscriber’s desired calibers, the Subscriber will be advised that recent updated ISA Reports do not include Subscriber’s desired calibers and Subscriber will NOT be charged for opening the KAN.

o   If a Subscriber opens a KAN multiple times during the 48-hour period, the Subscriber may only be charged ONE Subscriber Fee for the previously opened KAN during that 48-hour period.

o   If a Subscriber opens an expired KAN after the initial 48-hour period, the Subscriber may be charged an additional Subscriber Fee, depending on the subscription plan selected.

o   If a Subscriber receives an additional KAN regarding a different retail store within the same 48-hour period, the Subscriber will be charged an additional Subscriber Fee. The above rules apply to all KANs received.

KANs (including Update KANs) are considered to be “expired” and may not be updated after 48 hours has elapsed from the time the initial InStockAmmo Report is submitted by a Subscriber to the KnowAmmo.com Site.  However, the information in expired KANs may still be current, applicable and of value to Subscriber.

Time-Based Subscription:  Subscribers who choose a “Time-Based Subscription” agree to pay a single fixed subscription fee upfront for unlimited access to KANs during a fixed number of days (“subscription period”). The subscription plan selected will designate the number of days comprising the subscription period.  During the subscription period of a Time=Based Subscription, the Subscriber may access any KAN on an unlimited basis at anytime.  When the fixed number of days has elapsed, the subscription period and the Subscriber’s access to KANs will terminate.

Subscriber:  The term “Subscriber” as used herein means any natural person who enrolls as a “Subscriber” via the KnowAmmo.com Site by providing personal and contact information, desired calibers of ammunition sought, and a credit card to access, use and pay for the Services provided to Subscribers of the KnowAmmo.com Site.  Subscribers may use the KnowAmmo.com Site to:

       i.          Submit InStockAmmo Reports providing the KnowAmmo.com Site with a documented report (at the time of submission) of various calibers of ammunition currently in stock and available for sale at a local retail store;

      ii.          Access and open KnowAmmo Notices generated from the KnowAmmo.com Site advising Subscribers of the availability of their desired ammunition from local retail stores; and/or

     iii.          Change certain Subscriber information including “Primary Location” or desired calibers of ammunition sought for purchase, or credit card for use by the KnowAmmo.com Site to purchase the Services, as and when desired.

Purchase and Sale of Services Generally

KnowAmmo.com sells subscriber-generated information via the KnowAmmo.com Site. The information Services consist of timely notices to Subscribers of available in-stock ammunition at a local store in the desired caliber(s) our Subscribers seek.  

The KnowAmmo.com Site does not sell ammunition.  You cannot purchase ammunition on the KnowAmmo site.  You are solely responsible for any activity on your account and for keeping your password secure.  We recommend that you change your password regularly for security purposes.

Prices and Payment Terms

The prices for the various subscriptions to the KnowAmmo.com Site are listed on the KnowAmmo.com Site.  Prices and subscription plans may change from time to time. A Subscriber may or may not be able to renew a subscription under the exact same plan as previously purchased.  However, a Subscriber may renew or change a subscription plan at any time.  Details and pricing regarding the available subscription plans may be viewed on the Manage Subscriptions page of the KnowAmmo.com Site.

From time to time, we may offer promotions on the KnowAmmo.com Site that may affect subscription pricing. At times, promotions may be described by terms and conditions different and separate from these Terms of Use. If there is a conflict between the terms for a promotion and these Terms of Use, the promotion terms will govern.

Terms of payment are within our sole discretion, and payment must be received by us before our acceptance of an order for a subscription. We accept the methods of payment identified during the checkout process on the KnowAmmo.com Site. Each Subscriber represents and warrants that (i) the credit card or other payment information he or she supplies to us is true, correct and complete, (ii) such Subscriber is duly authorized to use such credit card or payment method for the purchase, (iii) charges incurred by such Subscriber will be honored by his or her credit card company or payment method processor, and (iv) such Subscriber will pay Subscription Fees incurred by him or her at the time of subscription and at the posted prices, including all applicable taxes, if any, as quoted on the KnowAmmo.com Site as of such time.

Services will only be delivered to the owner of the credit card or the account holder of the payment method used to make the purchase without exception.

Delivery

You represent and warrant to KnowAmmo.com that all Services you receive through the KnowAmmo.com Site may be delivered, sold and transferred to you and possessed and/or consumed by you in the jurisdiction you specify for delivery in accordance with all Laws.  You are responsible for complying with all applicable Laws, including all local laws, ordinances, rules and regulations.

Disclaimers

KnowAmmo.com does not manufacture, distribute, or sell any of the ammunition identified in any KnowAmmo Notification (“KAN”) generated by the KnowAmmo.com Site.  KnowAmmo does not have authority or control over the purchase of ammunition at any retail store identified in a KAN, nor can KnowAmmo.com guarantee or in any way assure our Subscribers that ammunition identified as available in a retail store (as such information is included in a KAN) is actually available in said store at the time of the KAN.  The information provided in a KAN is date and time sensitive and is subject to change, and/or ammunition listed therein may be unavailable or out of stock, at anytime subsequent to distribution of a KAN without further notice or update.  KnowAmmo.com does not have an affiliation with, or the endorsement of, any ammunition manufacturer, distributor or retail store. Accordingly, KnowAmmo.com does not provide any warranties nor does it possess any special information with respect to information contained in a KAN including the availability of ammunition at a retail store.

The Services do not include any guarantee or other/similar assurance of in-stock ammunition at any retail store at any time. KnowAmmo.com does not sell ammunition or any other products related thereto not otherwise described in these Terms of Use.

KnowAmmo.com assumes no liability, and Subscriber hereby releases KnowAmmo.com from any liability or responsibility for the accuracy or timeliness of information contained in a KAN, or for physical injury or property damage, whether resulting in whole or in part from criminal or negligent use of a KAN.

You affirm that KnowAmmo.com shall not be liable, under any circumstances, for any breach of warranty claims or for any damages arising out of your use of information contained in one or more KANs.

You understand that handling, cleaning or discharging a Gun, ammunition or ammunition components may cause exposure to lead, and you hereby hold KnowAmmo.com harmless from and assume all responsibility and liability for any lead exposure.

KNOWAMMO.COM MAKES NO WARRANTIES WITH RESPECT TO THE SERVICES OR THE KNOWAMMO.COM SITE, WHICH ARE PROVIDED “AS IS.”  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KNOWAMMO.COM DISCLAIMS ALL WARRANTIES RELATING TO THE INFORMATION CONTAINED IN ANY “KAN” GENERATED BY THE KNOWAMMO.COM SITE, THE KNOWAMMO.COM SERVICES, THE KNOWAMMO.COM SITE OR THE USE THEREOF, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SAFETY, OR NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

Your Representations and Warranties to KnowAmmo.com

You represent and warrant to KnowAmmo.com that: (i) you have the legal power and capacity to enter into these Terms of Use and perform all of your obligations and responsibilities hereunder, including being of the requisite age required by Law to complete any purchase of a Service hereunder, (ii) these Terms of Use constitute a valid and binding agreement, enforceable against you in accordance with their terms, (iii) you will not violate any Laws in connection with your use of the KnowAmmo.com Site or of KnowAmmo Services, and (iv) you will not interfere with or disrupt, or attempt to interfere with or disrupt, the KnowAmmo Services and/or the KnowAmmo.com Site in any way, including but not limited to intentionally providing false or misleading information to the KnowAmmo.com Site.

You represent and warrant that you are buying services from the KnowAmmo.com Site for your own personal use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to permissible locations within the USA

Term and Termination

Term. When you accept these Terms of Use (whether by clicking “I Accept,” by participating as a Subscriber of the KnowAmmo.com Site 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 Subscriber of the KnowAmmo.com Site ends.

Termination. You may terminate your account with KnowAmmo.com at any time from your account settings.  Similarly, KnowAmmo.com may suspend or terminate your account and your access to the KnowAmmo.com Site, including KnowAmmo Services, at any time and for any reason subject to the discretion of KnowAmmo.com, without advance notice.  If KnowAmmo.com terminates your account, you do not have a contractual right to continue using the Services offered through the KnowAmmo.com Site.

Survival. These Terms of Use will remain in effect even after your account is terminated or your use of the KnowAmmo.com Site ends.

Privacy. KnowAmmo.com respects your privacy and is committed to protecting it. The KnowAmmo.com Privacy Policy, https://www.knowammo.com/privacy-policy, governs the processing of all personal data collected in connection with the use of the KnowAmmo.com Site.

Intellectual Property.  All intellectual property rights and other rights relating to the KnowAmmo.com Site and the trademarks and service marks of KnowAmmo.com (the “KnowAmmo.com Marks”) will at all times be the exclusive property of KnowAmmo.com or its licensors, and all use of such rights will accrue to the benefit of KnowAmmo.com. Subscriber will not challenge KnowAmmo.com’s title to such intellectual property, including, without limitation, the KnowAmmo.com Marks, oppose any registration thereof, or challenge the validity of these Terms of Use. Furthermore, Subscriber will not register, nor attempt to register, any trade name, trademark, service mark, design or domain name which, in whole or in part, incorporates or is confusingly similar to the KnowAmmo.com Marks, without the prior written consent of KnowAmmo.com. Subscriber acknowledges and agrees that, as between KnowAmmo.com and Subscriber, KnowAmmo.com owns all Subscriber information collected through the KnowAmmo.com Site.  Nothing contained in these Terms of Use will constitute or be construed as a transfer of ownership of any of the intellectual property rights of KnowAmmo.com or its licensors or to otherwise give Subscriber any proprietary rights to any of the intellectual property rights of KnowAmmo.com or its licensors.  Subscriber grants KnowAmmo.com an irrevocable, perpetual, worldwide, royalty-free right and license to use information or content Subscriber supplies to KnowAmmo.com.

Acceptable Use and Restrictions.  You agree to protect the KnowAmmo.com Site and its proprietary content, information and other materials, from unauthorized access or use, and you agree that you will not use the KnowAmmo.com Site or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized in writing by KnowAmmo.com. You agree that: (a) you will not use the KnowAmmo.com Site if you are not fully able and legally competent to agree to these Terms of Use; (b) you will only use the KnowAmmo.com Site for lawful purposes and you will not use the KnowAmmo.com Site for sending or storing any unlawful material or for fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct or to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party; (c) you will not use the KnowAmmo.com Site to send "spam"; (d) you will not use the KnowAmmo.com Site to cause nuisance, annoyance or inconvenience; (e) you will not impair the proper operation of the KnowAmmo.com Site network; (f) you will not try to harm the KnowAmmo.com Site in any way whatsoever; (g) you will not copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the KnowAmmo.com Site, any updates, or any part thereof or content therein without written permission from KnowAmmo.com; (h) Subscribers who are not Dealers will only use the KnowAmmo.com Site for their own use, not for commercial use; (i) you will not distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the KnowAmmo.com Site in any unauthorized manner, including but not limited to by trespass or burdening network capacity, or use the KnowAmmo.com Site in any service bureau arrangement; (j) you will not attempt to obtain any information or content from the KnowAmmo.com Site using any robot, spider, scraper or other automated means for any purpose; (k) you will keep secure and confidential your account password or any identification we provide you which allows access to the KnowAmmo.com Site or your account thereon; (l) you will only use an access point or data account which you are authorized to use; (m) you will provide whatever proof of identity and age reasonably requested by KnowAmmo.com or any transferring FFL Dealer; and (n) you will not permit any third party to engage in any of the acts prohibited above. You understand and agree that you are not permitted to: (i) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the KnowAmmo.com Site; (ii) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer the App, Website, any updates to or portion of the KnowAmmo.com Site (except as and only to the extent any foregoing restriction is prohibited by applicable Law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the KnowAmmo.com Site); (iii) use any means to discover the source code of the KnowAmmo.com Site and software or to discover the trade secrets in the KnowAmmo.com Site or software; or (iv) otherwise circumvent any functionality that controls access to or otherwise protects the KnowAmmo.com Site. Any attempt to do any of the foregoing is a violation of these Terms of Use and the rights of KnowAmmo.com and its licensors. If you breach these restrictions, you may be subject to prosecution and damages.

Notice and Procedure for Making Claims of Copyright Infringement

KnowAmmo.com respects the copyright of others, and we ask our Subscribers to do the same. KnowAmmo.com may, in appropriate circumstances and at its discretion, disable and/or terminate the access of Subscribers who may be repeat infringers. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide KnowAmmo.com’s copyright agent the following information in writing using the contact information set forth below: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim is infringing and where such material is located on the site so that we may locate such work; (iv) your contact information, such as your email address, telephone number, and /or mailing address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

If you believe that your content that has been removed from the KnowAmmo.com Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content on the KnowAmmo.com Site, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth below: (i) your physical or electronic signature; (ii) a description of the content that has been removed and the location at which the content appeared before it was removed; (iii) a statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and (iv) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court for the judicial district in which your permanent address is located, or, if your permanent address is located outside the United States, for any judicial district in which KnowAmmo.com is located and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the KnowAmmo.com copyright agent, KnowAmmo.com may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days.  Unless the copyright owner files an action seeking a court order against the content provider, member or Subscriber, the removed content may (in KnowAmmo.com’s discretion) be reinstated on the KnowAmmo.com Site in 10 to 14 business days or more after receipt of the counter-notice.

KnowAmmo.com’s agent for notice of claims of copyright infringement can be reached as follows: KnowAmmo.com, Attn.: Copyright, _______[address]            , or info@KnowAmmo.com.

Indemnification.  Subscriber will indemnify, defend, and hold KnowAmmo.com 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) Subscriber’s failure to comply with applicable Laws, (ii) Subscriber’s breach of these Terms of Use, or (iii) the negligence or intentional misconduct of Subscriber.

Limitations of Liability

Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL KNOWAMMO.COM BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, HOWSOEVER ARISING IN CONNECTION WITH THESE TERMS OF USE, THE SERVICES, OR THE USE, OR INABILITY TO USE, THE KNOWAMMO.COM SITE, EVEN IF KNOWAMMO.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KNOWAMMO.COM’S AGGREGATE CUMULATIVE LIABILITY FOR DAMAGES ARISING IN CONNECTION WITH THE SERVICES, THESE TERMS OF USE OR THE KNOWAMMO.COM SITE (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) WILL BE LIMITED TO, AND WILL IN NO EVENT EXCEED, THE AMOUNT PAID BY SUBSCRIBER TO KNOWAMMO.COM IN RESPECT OF THE PARTICULAR SUBSCRIPTION IN CONNECTION WITH WHICH THE CLAIM ARISES.

The foregoing exclusions and limitations shall apply regardless of whether any remedy fails of its essential purpose.

Dispute Resolution and Binding Arbitration

YOU 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, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS OF USE OR YOUR USE OF THE KNOWAMMO.COM SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the applicable AAA rules then in effect (the "AAA Rules"), except as modified by this Section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

The place of arbitration will be Dallas, Texas. The arbitration will be conducted by a single arbitrator chosen jointly by you and KnowAmmo.com or, if you and KnowAmmo.com do not agree on the arbitrator, an arbitrator selected in accordance with the AAA Rules.  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. Subject to the terms and conditions of these Terms of Use (including the exclusions, limitations and disclaimers set forth herein), 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.  You and KnowAmmo.com shall bear equally all fees and costs of arbitration, including, without limitation, AAA fees and arbitrator fees. Each party shall be responsible for its own attorneys’ fees and expenses.

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. KnowAmmo.com may, and reserves the right to, 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 KnowAmmo.com Site. Our right to amend these Terms of Use includes the right to modify, add to, or remove terms in the Terms of Use with or without advance notice. We will provide you with access to the most current Terms of Use by posting the amended terms on the KnowAmmo.com Site. Additionally, we may, but we are not compelled to,notify you by email or any other means of certain amendments to the Terms of Use. Your continued access and/or use of the KnowAmmo.com Site constitutes your acceptance of the amended terms. We may, but we are not compelled to, also ask you to acknowledge your acceptance of the new or updated Terms of Use through an electronic click-through.   

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 KnowAmmo.com will be in writing and will be deemed effectively delivered: (i) when posted to the KnowAmmo.com Site, or (ii) sent by email to the account provided by the Subscriber, or (iii) if sent by courier, on the date delivered, or (iv) if sent by email or facsimile, on the date of confirmed electronic transmission. Any notices and other communications given or made pursuant to these Terms of Use to KnowAmmo.com by you will be in writing and will be deemed effectively delivered: (i) when sent by email to KnowAmmo.com at info@KnowAmmo.com, on the date of confirmed electronic transmission or (ii) if sent by mail or express courier, on the date delivered to an authorized representative of KnowAmmo.com.  Either party may change its contact information by delivering written notice to the other party in the manner provided above.

Relationship of the Parties. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. KnowAmmo.com has no special relationship with or fiduciary duty to any Subscriber. 

Links from the KnowAmmo.com Site. The KnowAmmo.com Site may contain 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 KnowAmmo.com 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 KnowAmmo.com Site, 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 KnowAmmo.com Site.

Force Majeure.  KnowAmmo.com will have no liability to any Subscriber 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 KnowAmmo.com 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.

Governing Law; Venue; Jurisdiction. These Terms of Use will, in all respects, including all matters of construction, validity and performance, be governed by the laws of the State of Texas, without regard to any conflicts of law principles which may result in the application of the laws of another jurisdiction.  Any suit, action or proceeding arising in connection with these Terms of Use and that is permitted to be brought outside of arbitration will be brought in the state or federal courts sitting in the State of Texas and the parties hereby expressly submit to the jurisdiction of such courts for the purpose of any such suit, action, or proceeding.  Each party hereby irrevocably waives any objections which it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to these Terms of Use if brought in Texas, and hereby further irrevocably waives any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.

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 KnowAmmo.com. 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.