Terms and Conditions of Use




WEBSITE TERMS OF USE

This Terms of Use is made by and between FREEDOM MUNITIONS, LLC, a Delaware limited liability company and you the user (you, your or User). BY CLICKING THE "I AGREE" BUTTON BELOW OR BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS WEBSITE, OR ANY FREEDOM MUNITIONS, LLC SERVICES OR CONTENT (COLLECTIVELY "SERVICE"), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. THE MOST CURRENT VERSION OF THE TERMS OF USE, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED ON THIS PAGE. FREEDOM MUNITIONS, LLC RESERVES THE RIGHT TO CHANGE THE TERMS OF USE AT ANY TIME AND WITHOUT NOTICE TO YOU.

1. Agreement. This Terms of Use agreement (the "Agreement") governs your access to and use of the Site. This Agreement may be modified at any time by FREEDOM MUNITIONS, LLC by posting the modified Agreement to the Site. Any such modifications shall be effective immediately upon posting unless some other effective date is expressly stated. You can view the most recent version of this Agreement at any time on this page or by contacting Freedom Munitions, LLC. Your use of this Site shall constitute and be deemed your unconditional acceptance of this Agreement. 

FREEDOM MUNITIONS, LLC RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT FREEDOM MUNITIONS, LLC’S DISCRETION. YOUR CONTINUED USE OF ANY PART OF THIS WEBSITE OR ANY SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES TO THIS AGREEMENT. YOU SHOULD REVIEW THIS AGREEMENT PERIODICALLY TO DETERMINE IF ANY CHANGES HAVE BEEN MADE. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS.

2. Privacy. Your use of the Site is also governed by our Privacy Policy, which is hereby incorporated into this Agreement. Please review our Privacy Policy at https://freedommunitions.com/pages/privacy-policy

Freedom Munitions reserves the right, and you authorize us, to use and assign all information provided by or collected from you in any manner consistent with our Privacy Policy. In addition, when using our Site, you shall be subject to any posted policies, guidelines or rules applicable to use of the Site and any service provided by the Site, including, but not limited to, our Privacy Policy. All such policies, guidelines and rules are hereby incorporated by reference into these Terms of Use.

3. Site Content. The Site is provided on an "as is" basis and may use internet services that are not under our direct control. While we strive to provide accurate descriptions of our products and services, we do not warrant that the descriptions, pricing, or other content on the Site are accurate, complete, or current. We reserve the right to correct errors and to cancel any orders that were placed using incorrect descriptions or pricing. We do not warrant that the Site or its features will be accessible at all times or that it will function in an error free manner. We reserve the right to cease operating the Site or any of its features at any time.

4. Intellectual Property. All content on this Site including, without limitation, graphics, logos, trademarks, images, and software is, and shall continue to be, the property of FREEDOM MUNITIONS, LLC or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.

5. Site Use. FREEDOM MUNITIONS, LLC grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy content from the Site, reverse engineer or hack into the Site, sell or transfer any virtual goods to other users or any third parties or use materials, products or services in violation of any law. Your use of this Site is at the discretion of FREEDOM MUNITIONS, LLC who may terminate your access and use at any time.

6. Links to Other Sites. The Site may provide links to other websites. This Site's Terms of Use or Privacy Policy may not apply to those other websites, which may have their own terms and policies. You should review the terms of use and privacy policies of any other websites that you visit.

7. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.

8. Indemnification. You agree to indemnify and hold FREEDOM MUNITIONS, LLC, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from this Site.

9. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. UNLESS OTHERWISE PROVIDED IN FREEDOM MUNITIIONS, LLC’S TERMS AND CONDITIONS OF SALE, FREEDOM MUNITIONS, LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

10. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL FREEDOM MUNITIONS, LLC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

11. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

b. A description of the copyrighted work that you claim has been infringed;

c. A description of where the material that you claim is infringing is located on the Site;

d. Your address, telephone number, and e-mail address;

e. 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

f. 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.

Our Copyright Agent for Notice of claims of copyright infringement on the Site is Freedom Munitions’ Customer Service Department, who can be reached as follows:

By Mail: 815 D. St., Lewiston, ID 83501

By Phone: 208-746-3668

By E-mail: support@freedommunitions.com 

12. Applicable Law. Governing Law; Venue; Actions. If there is any dispute about or involving the website or the Terms of Use, you agree that any dispute shall be governed by the laws of the State of Idaho without regard to its conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of the Ada County, Idaho. 

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, ANY SERVICE PROVIDED BY THE SITE, OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

13. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

14. Relationship of the Parties. Each party is, and shall remain, an independent contractor and nothing contained in this Agreement shall be construed to make either party a partner, joint venturer, employee or agent of the other party, and neither party shall hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party.

15. Contact Information.

If you have any questions regarding these Terms of Use, please contact us at support@freedommunitions.com.

 

 

Freedom Munitions Messaging Terms & Conditions

You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS, MMS, and RCS) messages (e.g. cart reminders) from Freedom Munitions, including text messages that may be sent using an automatic telephone dialing system and/or AI-assisted technology, to the mobile telephone number you provided when signing up or any other number that you designate. You agree that you consent to receive such messages regardless of any state or federal time of day restrictions and/or the presence of your telephone number on any state or federal Do Not Call list/registry. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.

Message frequency will vary. Freedom Munitions reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Freedom Munitions also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.

Not all mobile devices, handsets, or carriers may be supported and our messages may not be deliverable in all areas. Messages may not be deliverable if you add digits or symbols to our phone number. Freedom Munitions, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

You also agree to our Freedom Munitions Terms of Use and Freedom Munitions Privacy Policy. We may share certain information with our service providers, including Attentive Mobile Inc., as described in our Privacy Policy.

Cancellation

Text the keyword STOP, END, CANCEL, UNSUBSCRIBE, QUIT, REVOKE, or OPT OUT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE, QUIT, REVOKE, or OPT OUT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE, QUIT, REVOKE, or OPT OUT keyword commands and agree that Freedom Munitions and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Freedom Munitions through any other programs you have joined until you separately unsubscribe from those programs.

Help

Text the keyword HELP to our shortcode to return customer care contact information for messaging support.

Customer Care

If you require messaging support, please visit https://support.attentive.com/help/ and submit the form with details about your problem or your request for support, or email support@attentive.com.

Contact

This message program is a service of Freedom Munitions, located at 815 D St , Lewiston, Idaho 83501.

Dispute Resolution

  1. General. In the interest of resolving disputes between you and Freedom Munitions in the most expedient and cost effective manner, you and Freedom Munitions agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from Freedom Munitions or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Freedom Munitions or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Freedom Munitions ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
  2. Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Freedom Munitions to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
  3. Arbitrator. Any arbitration between you and Freedom Munitions will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Freedom Munitions. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
  4. Notice; Process. If you or Freedom Munitions intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Freedom Munitions address for Notice is: 815 D St , Lewiston, Idaho 83501, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Freedom Munitions will make good faith efforts to resolve the claim directly, but if you and Freedom Munitions do not reach an agreement to do so within 30 days after the Notice is received, you or Freedom Munitions may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Freedom Munitions must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
  5. Fees. If you commence arbitration in accordance with these Messaging Terms, Freedom Munitions will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Freedom Munitions for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Freedom Munitions agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Freedom Munitions made within 14 days of the arbitrator's ruling on the merits.
  6. No Class Actions. YOU AND Freedom Munitions AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Freedom Munitions agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
  7. Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Freedom Munitions makes any future change to this arbitration provision, other than a change to Freedom Munitions address for Notice, you may reject the change by sending us written notice within 30 days of the change to Freedom Munitions address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Freedom Munitions.
  8. Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.

 

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