Terms of service
OVERVIEW
Welcome to Black Feather Armory. The terms “we,” “us,” and “our” refer to Black Feather Armory. Black Feather Armory operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). Black Feather Armory is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced herein (these “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy (https://blackfeatherarmory.com/policies/privacy-policy). If you do not agree to these Terms or our Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online store. However, colors, finishes, and product appearance may differ from how they appear on your screen due to the device you use and your device settings.
We do not warrant that the appearance of any product or service purchased by you will be exactly the same as depicted or rendered in our online store.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of any products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.
We ship only within the United States.
You are responsible for ensuring that your purchase, possession, installation, and use of any product purchased from us complies with all applicable federal, state, and local laws, rules, and regulations. We reserve the right to refuse or cancel any order that appears unlawful, fraudulent, intended for export forwarding, or otherwise in violation of these Terms.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Black Feather Armory reserves the right to accept or decline your order for any reason in its discretion. Your order is not accepted until Black Feather Armory confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests after an order has been accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy: https://blackfeatherarmory.com/policies/refund-policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, or handling charges.
Prices posted in our online store may be different from prices offered elsewhere. We may offer promotions from time to time that are governed by separate terms and conditions. If there is a conflict between promotional terms and these Terms, the promotional terms will govern.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.
You represent and warrant that: (i) the payment information you provide is true, correct, and complete; (ii) you are duly authorized to use that payment method; (iii) charges incurred by you will be honored by your payment provider; and (iv) you will pay charges incurred by you at the posted prices, including shipping, handling, and applicable taxes.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers or events outside our control.
Once we transfer products to the carrier, title and risk of loss pass to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by Black Feather Armory, its affiliates, or licensors and are protected by United States and foreign intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent.
Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Black Feather Armory, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Black Feather Armory.
Black Feather Armory’s names, logos, product names, service names, designs, and slogans are trademarks of Black Feather Armory or its affiliates or licensors. You must not use those marks without our prior written permission. Shopify’s name, logo, product names, service names, designs, and slogans are trademarks of Shopify. All other names, logos, product names, service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, conditions, or endorsement of any kind. We shall have no liability arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which those tools are provided by the relevant third-party provider.
We may also, in the future, offer new features through the Services, including new tools and resources. Such new features shall also be deemed part of the Services and are subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access those materials or third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review the third party’s policies and practices carefully before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Black Feather Armory is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Black Feather Armory. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Black Feather Armory, including any injury, damage, or loss resulting from purchased products or services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Black Feather Armory.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here: https://blackfeatherarmory.com/policies/privacy-policy. Certain personal information may also be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit to the Services may be transmitted to and shared with Shopify and certain third parties in order to provide services to you. Review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms.
We are under no obligation to maintain Feedback in confidence, to pay compensation for Feedback, or to respond to Feedback.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain unlawful, abusive, or obscene material or any malware or malicious code that could affect the operation of the Services. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy.
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:
(a) for any unlawful or malicious purpose;
(b) to violate any federal, state, or local law, rule, or regulation;
(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person;
(e) to transmit false or misleading information;
(f) to upload, download, use, or re-use any material that does not comply with these Terms;
(g) to transmit or procure the sending of junk mail, spam, chain letters, or similar solicitations;
(h) to impersonate or attempt to impersonate any other person or entity;
(i) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Black Feather Armory, Shopify, or users of the Services, or expose them to liability;
(j) to purchase products for unlawful use, unlawful transfer, export, or resale in violation of applicable law.
In addition, you agree not to:
(a) upload or transmit viruses or any other malicious code;
(b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services without our written permission;
(c) collect or track the personal information of others;
(d) spam, phish, pharm, pretext, scrape, or otherwise misuse the Services;
(e) use any robot, spider, scraping, data gathering, extraction tools, automated devices or processes, or similar means to access the Services; or
(f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services.
We reserve the right to suspend, disable, cancel, or terminate your access to the Services or any order at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services, or any part thereof, in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own
risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of their contents.
Except as expressly stated by Black Feather Armory, the Services and all products offered through the Services are provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted, timely, secure, or error-free.
Some jurisdictions do not allow limitations on implied warranties, so portions of this section may not apply to you.
SECTION 16 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, Black Feather Armory, its owners, officers, employees, affiliates, agents, contractors, service providers, licensors, and partners shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Services or any products purchased through the Services.
This includes, without limitation, any errors or omissions in any content, any interruption or unavailability of the Services, any delay in shipping or delivery, or any loss or damage of any kind incurred as a result of the use of the Services or any product purchased through the Services, even if advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of this section may not apply to you.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Black Feather Armory and its affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, claims, or expenses, including reasonable attorneys’ fees, arising out of or relating to:
(1) your breach of these Terms or the documents they incorporate by reference;
(2) your violation of any law or the rights of a third party; or
(3) your access to or use of the Services.
We will notify you of any claim subject to indemnification, provided that a failure to promptly notify you will not relieve you of your obligations except to the extent you are materially prejudiced. We may control the defense and settlement of any such claim at your expense, but we will not settle any claim requiring non-monetary obligations from you without your consent, not to be unreasonably withheld.
SECTION 18 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. That determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
These Terms, together with any policies or operating rules posted by us on the site or in connection with the Services, constitute the entire agreement and understanding between you and Black Feather Armory and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 20 - ASSIGNMENT
You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment, transfer, or delegation in violation of this section is null and void.
We may assign, transfer, or delegate these Terms and our rights and obligations under them without notice or consent.
SECTION 21 - GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to conflict of law principles.
You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Services shall be brought exclusively in the state or federal courts located in Maryland, and you consent to the personal jurisdiction and venue of those courts.
SECTION 22 - HEADINGS
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 - CHANGES TO THESE TERMS
You can review the most current version of these Terms at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms 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 the Services following the posting of any changes constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at:
- Black Feather Armory
3003 Dunmurry Road, Dundalk, MD 21222 - contact@blackfeatherarmory.com
- 443-529-6019