TERMS OF SERVICE & SALE
Effective Date: August 1, 2026
The Terms of Service & Sale constitute a binding agreement between you and ShootingTargets.com LLC (“ShootingTargets.com,” “we,” “us,” or “our”).
Terms of Service & Sale govern:
- your access to and use of ShootingTargets.com, including its webpages, accounts, checkout functions, content, communications, features, and related online services, collectively referred to as the “Site”; and
- your submission of orders for, purchase of, receipt of, and use of products sold by ShootingTargets.com, collectively referred to as the “Products.”
The provisions governing access to and use of the Site, accounts, User Content, intellectual property, prohibited conduct, and related services are referred to in these Terms as the “Service Terms.”
The provisions governing Products, prices, taxes, orders, payment, shipping, final sales, Product problems, and Product use are referred to in these Terms as the “Sale Terms.”
By accessing or using the Site, creating an account, submitting User Content, submitting an order, or purchasing a Product, you acknowledge that you have read and agree to these Terms.
If you do not agree to these Terms, do not access or use the Site, create an account, submit User Content, or submit an order.
1. Separate Privacy Policy
ShootingTargets.com maintains a separate Privacy Policy.
The Privacy Policy explains how ShootingTargets.com collects, uses, discloses, retains, and protects personal information.
These Terms are not a Privacy Policy and do not replace or restate the Privacy Policy.
References in these Terms to account information, contact information, personal information, privacy rights, publicity rights, User Content, or submitted materials address rights and obligations under these Terms. Those references do not constitute a complete description of ShootingTargets.com’s personal-information practices.
2. Eligibility and Authority
By using the Site or submitting an order, you represent that you have the legal capacity to enter into a binding agreement or that you are acting with the authorization and supervision of a parent or legal guardian.
You represent that:
- the information you provide is accurate;
- your use of the Site complies with applicable laws and regulations; and
- you are not legally prohibited from purchasing, possessing, or using the Products you order.
If you use the Site or submit an order for a company, organization, or other legal entity, you represent that you have authority to act for and bind that entity.
When you act for an entity, references to “you” include both you and the entity you represent.
3. Site Usage and Accounts
You may access or use the Site, including creating an account, only with a bona fide intention to shop for, purchase, or obtain information about our Products for legitimate shopping purposes.
A membership or subscription is not required to make a purchase.
You may create a free account to track orders, view purchase history, and use other account features we may offer.
You are responsible for:
- providing accurate account information;
- keeping your account information current;
- maintaining the confidentiality of your login credentials;
- restricting unauthorized access to your account and devices; and
- all activity conducted through your account.
You may not sell, transfer, share, or permit unauthorized use of your account or login credentials.
Notify us promptly if you believe your account has been accessed or used without authorization.
We may suspend, restrict, or terminate access to the Site or an account that we reasonably believe:
- has been used fraudulently, unlawfully, deceptively, or abusively;
- has been accessed without authorization;
- presents a security, payment, operational, reputational, or commercial risk;
- infringes or threatens another person’s rights;
- has been used in violation of these Terms; or
- has accessed or used the Site, with or without an account, whether manually by a person or through automated means, including bots, crawlers, scripts, artificial-intelligence systems, machine-learning systems, or similar technologies, to conduct competitive intelligence, commercial surveillance, benchmarking, investigation, data collection, or similar activity for or on behalf of a competitor, online marketplace, platform operator, data broker, commercial-intelligence provider, or other third party.
Prohibited activity includes using the Site or an account, whether manually or through automated means, to monitor, document, analyze, compare, extract, collect, or report information concerning our:
- prices or promotions;
- Product assortments or availability;
- inventory or sales activity;
- business practices or commercial programs;
- Site features or account functions;
- customers or customer activity;
- suppliers, dealers, resellers, or commercial relationships;
- intellectual property or Product-development activity; or
- other confidential, proprietary, competitively sensitive, or commercially valuable information.
We will restrict Site access or close an account when we reasonably believe such activity has occurred, is occurring, or has been attempted, regardless of whether the user has made a purchase or states that a purchase was intended.
4. Electronic Communications and Transactions
You agree that communications and transactions between you and ShootingTargets.com may be conducted electronically.
We may provide order acknowledgments, receipts, account notices, transaction records, policy notices, and other communications through the Site or at an email address you provide.
Your submission of an order, creation of an account, submission of User Content, selection of an acceptance box, or other affirmative electronic action may constitute your electronic agreement to these Terms.
Electronic communications and records satisfy any requirement that a communication or agreement be provided in writing to the extent permitted by applicable law.
You are responsible for maintaining a current email address and reviewing communications concerning your account and orders.
The separate Privacy Policy governs how ShootingTargets.com handles contact information and other personal information.
5. Products and Website Information
We make reasonable efforts to present our Products accurately.
Product descriptions, photographs, illustrations, dimensions, specifications, quantities, packaging, colors, availability, and other information may occasionally contain errors or differ slightly from the Product received.
Images are provided for general reference. Colors and details may vary because of:
- device and display settings;
- lighting and photography;
- printing processes;
- manufacturing tolerances;
- material variations; or
- Product updates.
We may change Product designs, materials, packaging, specifications, assortments, availability, or other Product details without notice.
Products shipped for an accepted order may contain nonmaterial variations in material, color, dimensions, packaging, labeling, or presentation.
The appearance of a Product on the Site does not guarantee that the Product remains available or that we will accept an order for it.
6. Errors, Inaccuracies, and Omissions
The Site, a checkout page, an order acknowledgment, a promotional communication, or other material may contain typographical errors, inaccuracies, omissions, or outdated information concerning:
- prices;
- promotions;
- Product descriptions or images;
- materials, dimensions, or specifications;
- quantities or availability;
- taxes;
- shipping or delivery; or
- other Product or order information.
We may correct or update information at any time.
We may decline or cancel an order affected by a material pricing, description, availability, promotional, or technical error, including after the order has been submitted, an automated order acknowledgment has been issued, or payment has been collected.
If the correct price is higher than the displayed price, we may:
- contact you for instructions; or
- cancel the affected Product and refund any amount collected for it.
If we cancel an affected order after collecting payment, we will refund the amount charged for the canceled Products.
That refund is our complete obligation concerning an order canceled.
7. Pricing, Promotions, Availability, and Taxes
Prices displayed on the Site are stated in United States dollars unless expressly indicated otherwise.
Prices, discounts, promotions, Product availability, and shipping offers may change without notice.
A promotion may be subject to:
- an expiration date;
- eligibility requirements;
- quantity limits;
- Product exclusions;
- account restrictions;
- geographic restrictions; or
- additional promotional conditions.
Placing a Product in a shopping cart does not reserve the Product or guarantee its price or availability.
The price shown when you submit an order remains subject to verification.
We may limit the quantity of Products purchased through an order, account, payment method, address, person, household, organization, or other reasonable measure.
You are responsible for applicable taxes for all transactions made on the Site.
A purchaser claiming a tax exemption must provide documentation that we accept as valid before the transaction will be treated as exempt.
8. Orders, Acceptance, and Cancellation
Submitting an order is an offer to purchase the Products identified in the order under these Terms.
Your order is subject to our review and acceptance.
An order acknowledgment, order number, payment authorization, payment receipt, or other automated communication confirms only that we received the order.
It does not mean that:
- we accepted the order;
- a contract of sale has been formed;
- the Product is available; or
- the order will be fulfilled.
We accept an order when the ordered merchandise is delivered to the carrier for shipment.
A contract of sale is formed only for the Products included in that shipment.
When an order is fulfilled through multiple shipments, a separate contract of sale is formed for the Products included in each shipment when that shipment is delivered to the carrier.
Before shipment, we may accept, reject, limit, place on hold, or cancel an order in whole or in part.
Reasons may include:
- pricing, description, inventory, availability, promotional, or technical errors;
- suspected fraud or unauthorized payment;
- payment-verification concerns;
- incorrect, incomplete, inconsistent, or unverifiable customer information;
- shipping, geographic, legal, regulatory, or carrier restrictions;
- Product or inventory unavailability;
- quantity limitations;
- suspected misuse of promotions, accounts, payment methods, or ordering systems;
- resale, redistribution, marketplace, or other commercial activity that may interfere with our business channels or commercial relationships;
- an actual or potential conflict with a retail, wholesale, distribution, marketplace, territorial, or other business channel;
- conduct that may harm our business, customers, suppliers, Products, intellectual property, reputation, or commercial relationships;
- violation of these Terms or another agreement with us; or
- another legitimate commercial or operational reason.
We are not required to fulfill an order merely because it was submitted, acknowledged, authorized, or charged.
If we cancel an order before shipment, we will release the payment authorization or refund the amount collected for the canceled Products.
That release or refund is our complete obligation concerning the canceled portion of the order.
9. Resellers, Dealers, and Business Channels
We may sell to consumers, businesses, shooting ranges, retailers, dealers, resellers, distributors, marketplaces, or other commercial purchasers through different programs and business channels.
Purchasing a Product through the Site does not make the purchaser an authorized:
- dealer;
- reseller;
- distributor;
- representative;
- agent;
- franchisee; or
- commercial partner of ShootingTargets.com.
We determine whether, where, how, and through whom our Products may be resold or distributed.
We may approve, reject, restrict, suspend, or terminate sales to a reseller, dealer, distributor, marketplace seller, commercial purchaser, or other business customer.
We may refuse or cancel a transaction that:
- conflicts with an existing or planned business channel;
- creates pricing, branding, territorial, marketplace, customer-service, or distribution concerns;
- involves unauthorized representations concerning our Products or company;
- may interfere with another commercial relationship;
- conflicts with a wholesale, dealer, reseller, distribution, or marketplace agreement; or
- is otherwise inconsistent with our legitimate commercial interests.
A completed purchase does not create a continuing right to purchase additional Products from us.
We may approve, reject, restrict, suspend, or discontinue future sales to a purchaser.
Any continuing authorization, dealer status, distribution right, guaranteed supply arrangement, territory, exclusivity, pricing commitment, or other ongoing commercial relationship must be established in a separate written agreement signed by ShootingTargets.com.
Previous orders, repeated transactions, account approval, communications, or our prior knowledge of resale activity do not create such a relationship.
We may establish different prices, quantities, territories, channels, Product assortments, payment requirements, resale conditions, or other terms for different customers and commercial program(s).
10. Payment
You represent that you are authorized to use the payment method submitted with your order.
By submitting an order, you authorize us and our payment processors to process payment for:
- the Products ordered;
- applicable taxes; and
- any other amount relevant to the order that is submitted.
We may obtain a payment authorization when an order is submitted.
Payment processing may be performed by third-party providers under their own terms and policies.
You are responsible for the charges associated with your order.
We may place an order on hold or cancel it if the payment method cannot be authorized, verified, or completed.
You are responsible for resolving payment problems that prevent us from processing or completing your order.
A payment authorization or collection of payment does not constitute acceptance of an order or completion of a sale. A sale occurs only when the Product is provided to the carrier for shipment.
11. Shipping and Delivery
We currently ship to eligible physical addresses within the United States.
We do not ship to P.O. boxes.
Shipping and delivery dates are estimates, not guarantees.
Delivery times may vary because of:
- the destination;
- carrier operations;
- weather;
- holidays;
- inventory;
- order volume;
- address conditions; or
- circumstances outside our reasonable control.
You are responsible for providing a complete, accurate, and deliverable shipping address.
You are responsible for reasonable additional shipping or carrier costs caused by an incorrect, incomplete, inaccessible, refused, or undeliverable address.
If an order appears to be lost in transit or arrives damaged, defective, incomplete, or incorrect, contact us promptly.
We may request:
- your order number;
- a description of the problem;
- photographs;
- packaging or shipping-label information;
- carrier documentation; or
- other information reasonably needed to investigate the claim.
We will review the circumstances and determine whether a replacement, refund, store credit, or another resolution is appropriate.
If we cannot ship an order within the shipping period stated at purchase, we may:
- request your consent to a revised shipping date; or
- cancel the affected portion and issue a refund.
We may cancel and refund an order rather than offer delayed shipment.
Store credit will replace a monetary refund only when you voluntarily accept store credit as the resolution.
12. Final Sales and Product Problems
Return costs often lead to higher prices. To help keep our prices lower, all sales through ShootingTargets.com are final.
We do not accept returns or exchanges because of:
- change of mind;
- personal preference; or
- an ordering mistake.
If a Product arrives defective, damaged, incomplete, or incorrect, we will review the problem and determine an appropriate replacement, refund, store credit, or other resolution.
You must notify us within 14 days after delivery and provide:
- your order number;
- a description of the problem; and
- photographs or other supporting information we reasonably request.
Do not return merchandise unless we provide return instructions or authorization.
Unauthorized returns will be refused.
Nothing in this section eliminates a consumer right that applicable law does not permit the parties to waive.
Product Warranties
ShootingTargets.com does not provide a continuing or extended warranty for targets or related Products unless a separate written warranty is expressly provided for a particular Product.
Targets are intended to be struck by projectiles. Impact marks, punctures, tears, deformation, wear, and other damage caused by projectile impact or ordinary use are not, by themselves, Product defects.
The Final Sales and Product Problems section applies only when a Product is damaged, defective, incomplete, or incorrect when delivered and the issue is reported within the period stated in that section. That policy does not guarantee a Product’s durability, service life, continued usability, or performance after use.
Any separate written warranty applies only to the Product identified in that warranty and is governed by the coverage, duration, exclusions, and remedies stated in that warranty.
Nothing in this section limits a warranty or remedy that cannot be excluded under applicable law.
13. Product Use and Shooting Safety
Our Products are shooting targets and related materials.
ShootingTargets.com does not represent or guarantee that shooting or using a Product is lawful or safe in any particular location or under any particular conditions.
You are responsible for:
- using Products only at lawful and appropriately designed shooting locations;
- complying with all laws and rules concerning firearms and all projectile-related instruments, ammunition, ranges, environmental protection, noise, land use, and safety;
- confirming that the location permits the applicable shooting activity;
- using a suitable backstop;
- identifying what lies in front of and beyond the target;
- maintaining a safe distance appropriate for the firearm, projectile-related instrument, ammunition, Product, mounting method, and range conditions;
- wearing appropriate eye and hearing protection and never handling or using a firearm, projectile-related instrument, ammunition, or Product while impaired by alcohol, drugs, medication, fatigue, illness, or any other condition that may affect judgment, coordination, alertness, or safe operation;
- following firearm-manufacturer, projectile-related-instrument-manufacturer, and ammunition-manufacturer safety instructions;
- inspecting the equipment and surroundings before use;
- supervising minors and inexperienced shooters; and
- following instructions issued by the range owner, range safety officer, property owner, law-enforcement officer, or government authority.
Targets do not stop, deflect, contain, or safely absorb projectiles.
Targets are not backstops, barriers, armor, or protective equipment.
Never rely on a target as a backstop or safety barrier.
You are responsible for selecting an appropriate:
- location;
- mounting method;
- firearm or other projectile-related instrument;
- ammunition or projectile;
- distance; and
- manner of use.
14. Intellectual Property
The Site and its contents – including artwork, brands, slogans, target designs, characters, graphics, photographs, Product images, videos, text, logos, page layouts, software, AI capabilities, and the selection, arrangement and/or compilation of those materials, as well as their individual presentation without compilation – are owned by or licensed to ShootingTargets.com.
Those materials are protected by copyright, trademark, patent, trade-secret, trade-dress, and other intellectual-property laws.
We grant you a limited, revocable, nonexclusive, nontransferable license to access and use the Site for lawful shopping purposes.
Without our prior written permission, you may not:
- reproduce, publish, distribute, sell, sublicense, or commercially exploit Site content;
- copy or reproduce our artwork, characters, target designs, or Product designs;
- modify Site content or create unauthorized derivative works;
- remove copyright, trademark, attribution, or proprietary notices;
- use our content, Product images, descriptions, or text in another Product listing, website, advertisement, database, or commercial service;
- scrape, harvest, systematically download, or extract Site content;
- use Site content to train, develop, test, evaluate, benchmark, or improve an artificial-intelligence or machine-learning system;
- use our trademarks, trade names, logos, characters, or branding in a manner likely to create confusion regarding sponsorship, affiliation, endorsement, or authorization; or
- use the Site or its content to develop, promote, advertise, distribute, or sell an infringing, counterfeit, unauthorized, or confusingly similar Product, service, listing, website, or business.
Purchase of a physical Product does not transfer ownership of the artwork, Product design, character, copyright, trademark, patent, trade dress, or other intellectual property embodied in or displayed on that Product.
Purchase of a Product does not grant permission to reproduce, trace, scan, manufacture, distribute, license, modify, or commercially exploit its intellectual property.
No ownership interest or intellectual-property right is transferred through access to the Site or purchase of a Product except through a separate written transfer signed by ShootingTargets.com.
15. User Content and Reviews
The Site may allow users to submit, post, display, transmit, or share reviews, photographs, videos, comments, questions, files, or other content, collectively referred to as “User Content.”
By submitting User Content through the Site, you assign to ShootingTargets.com all right, title, and interest you possess in that User Content, including all copyrights and other intellectual-property rights capable of assignment.
ShootingTargets.com may:
- use, reproduce, store, modify, adapt, publish, translate, distribute, display, perform, create derivative works, and seek, register, secure, maintain, enforce, license, transfer, or acquire intellectual-property rights in or based on Site-submitted User Content;
- use any name, username, business name, image, voice, or likeness submitted with or embodied in the User Content;
- use the User Content in Site materials, Product materials, advertising, promotions, social-media content, company communications, and other media or channels; and
- authorize other persons or entities to exercise any of these rights.
If a right in User Content cannot legally be assigned, you grant ShootingTargets.com an exclusive, perpetual, irrevocable, worldwide, transferable, sublicensable, fully paid, royalty-free license to exercise that right for any lawful purpose.
To the extent permitted by law, you waive and agree not to assert moral rights, rights of attribution, rights of integrity, or similar rights in the User Content.
You agree to sign reasonable documents and provide reasonable assistance needed to confirm, register, protect, or enforce the rights granted or assigned under this section.
You represent that:
- you own or control the rights necessary to submit the User Content and make the assignment and grants contained in this section;
- the User Content is accurate where it states facts;
- reviews and opinions reflect your honest experience;
- the User Content complies with applicable law;
- the User Content is not confidential; and
- the User Content does not infringe or violate another person’s intellectual-property, privacy, publicity, contractual, or other rights.
You are responsible for the User Content you submit.
We are not required to screen, monitor, publish, preserve, edit, or remove User Content.
We may refuse, restrict, edit, disable, or remove User Content that violates these Terms or that we determine should not appear on the Site.
Nothing in this section applies to intellectual property submitted to ShootingTargets.com for a business purpose when ShootingTargets.com has accepted the submission and a separate written agreement governs its ownership and use. In that circumstance, ShootingTargets.com will use the intellectual property only as permitted by the written agreement and will not knowingly infringe any intellectual-property rights that the agreement expressly reserves to the submitting party.
The separate Privacy Policy governs ShootingTargets.com’s handling of personal information associated with User Content.
16. Feedback, Ideas, and Other Submissions
You may voluntarily provide questions, comments, suggestions, concepts, improvements, designs, inventions, artwork, names, slogans, files, documents, prototypes, or other feedback or materials.
Unless we agree otherwise in writing before the submission, submitted materials:
- are not confidential;
- are not submitted in reliance on a confidential, fiduciary, employment, partnership, agency, or advisory relationship;
- may be considered, used, developed, or rejected by us without restriction; and
- may be similar or identical to an idea, Product, design, name, artwork, feature, or project already known to, received by, or independently developed by ShootingTargets.com.
We may use general feedback and suggestions for any lawful purpose without acknowledgment or compensation.
If you submit a proposed design, invention, artwork, name, slogan, or other creative material, ShootingTargets.com may adopt, manufacture, publish, register, license, or commercialize it and will own all right, title, and interest you possess in that submission.
The assigned rights include but are not limited to:
- patent rights;
- copyrights;
- trademark and service-mark rights;
- trade-dress rights;
- trade-secret rights;
- design rights;
- To the extent permitted by applicable law, you waive and agree not to assert any rights of attribution, integrity, or similar moral rights in the submission. Any waiver requiring identification of a specific work or use will apply only when those requirements are satisfied in a written agreement.
- other intellectual-property or proprietary rights.
ShootingTargets.com may modify, develop, manufacture, commercialize, publish, distribute, advertise, register, license, enforce, transfer, or abandon those rights.
You agree to sign reasonable documents and provide reasonable assistance needed to confirm, register, protect, or enforce the assigned rights.
If a right cannot legally be assigned, you grant ShootingTargets.com an exclusive, perpetual, irrevocable, worldwide, transferable, sublicensable, fully paid, royalty-free license to use and commercialize that right for any lawful purpose.
To the extent permitted by law, you waive and agree not to assert moral rights, rights of attribution, rights of integrity, or similar rights in a submission.
17. Prohibited Conduct and Content
You may not use the Site to:
- violate a law, regulation, contract, court order, or third-party right;
- engage in fraud, impersonation, harassment, threats, intimidation, stalking, or deceptive conduct;
- use or attempt to use another person’s account;
- interfere with the security, operation, availability, or performance of the Site;
- damage, disable, overburden, or impair the Site or its related systems;
- introduce malware, malicious code, corrupted data, or harmful technology;
- gain or attempt to gain unauthorized access to an account, system, network, database, or restricted part of the Site;
- probe, scan, or test a vulnerability without our prior written authorization;
- reverse engineer, decompile, or attempt to discover source code or nonpublic technical components of the Site;
- bypass authentication, security controls, purchase limitations, geographic restrictions, content restrictions, rate limits, or access restrictions;
- use automated tools to access or collect information from the Site or place excessive demands on the Site;
- develop or use a third-party application, script, integration, browser extension, bot, crawler, spider, or automated tool that interacts with the Site without our written permission;
- use automated tools to place orders, create accounts, reserve inventory, monitor availability, or circumvent purchase restrictions;
- scrape, harvest, collect, copy, extract, index, monitor, or systematically download content, data, Product information, images, pricing, customer information, or other Site materials;
- use artificial intelligence, machine learning, generative AI, or a similar system to copy, reproduce, recreate, imitate, transform, summarize, republish, train upon, or commercially exploit Site materials;
- provide false, inaccurate, misleading, unauthorized, or fraudulent identity, payment, billing, shipping, account, or order information;
- interfere with another person’s access to or use of the Site;
- infringe, misappropriate, or violate intellectual-property, privacy, publicity, contractual, or other rights;
- submit content that is unlawful, defamatory, obscene, threatening, abusive, fraudulent, or invasive of another person’s rights;
- submit private or personal information belonging to another person without authorization;
- submit unsolicited promotions, spam, advertising, political campaigning, or solicitations;
- submit reviews, statements, or claims that do not reflect your honest views or experience; or
- use the Site or its content to develop, advertise, distribute, or sell an infringing, counterfeit, unauthorized, or confusingly similar Product, service, listing, website, or business.
We may investigate suspected violation and cooperate with payment processors, carriers, hosting providers, platform operators, rights holders, service providers, law-enforcement agencies, or government authorities in connection with an investigation.
Personal-information practices associated with an investigation are addressed in the separate Privacy Policy.
18. Third-Party Services and Links
The Site may contain links to or integrations with:
- payment processors;
- carriers;
- social-media platforms;
- analytics providers;
- hosting services; or
- other third-party services.
Third-party services are controlled by their respective operators and may be subject to separate terms and privacy policies.
A link, reference, or integration does not mean that ShootingTargets.com endorses, controls, sponsors, or is affiliated with the third party.
We are not responsible for the content, availability, security, products, services, conduct, representations, or practices of an independent third-party website or service.
Your use of a third-party service is governed by the terms and policies of that service.
19. Changes to the Site; Suspension and Termination
We may add, change, suspend, restrict, or discontinue:
- Site features;
- account features;
- content;
- Products;
- promotions; or
- other Site functions or services.
We may suspend, restrict, or terminate your access to the Site or your account if you:
- violate these Terms;
- engage in fraud or unauthorized activity;
- misuse the Site, an account, a promotion, a payment method, or an ordering system;
- infringe or threaten another person’s rights; or
- create a material risk of harm, liability, loss, chargebacks, or operational disruption.
You may stop using the Site at any time.
The provisions concerning intellectual property, User Content, submissions, disclaimers, limitation of liability, indemnification, dispute resolution, governing law, and general provisions remain effective after access or an account is suspended or terminated.
Suspension or termination of Site access does not cancel or alter the sale-specific obligations governing an order already accepted by ShootingTargets.com.
20. Website Warranty Disclaimer
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND ITS DIGITAL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
WE DO NOT WARRANT THAT THE SITE WILL ALWAYS BE AVAILABLE, SECURE, ACCURATE, COMPLETE, RELIABLE, CURRENT, UNINTERRUPTED, FREE OF HARMFUL COMPONENTS, OR ERROR-FREE.
WE DISCLAIM EXPRESS AND IMPLIED WARRANTIES CONCERNING THE SITE AND ITS DIGITAL OPERATION, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
This section applies to the Site and its digital content.
Product delivery and Product-problem claims are governed by Sections 11 and 12.
21. Limitation of Liability
For purposes of this section and the following sections, the “ShootingTargets.com Parties” are ShootingTargets.com and its members, managers, officers, employees, contractors, affiliates, service providers, licensors, suppliers, successors, and assignees.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SHOOTINGTARGETS.COM PARTIES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO:
- your access to or use of the Site;
- your inability to access or use the Site;
- your reliance on information provided through the Site;
- delayed, interrupted, insecure, or failed Site operations;
- unauthorized access to or use of an account;
- User Content or other submissions;
- third-party websites or services;
- delayed delivery; or
- unlawful, improper, negligent, or unsafe use of a Product.
Our total liability arising from or related to a particular purchase will not exceed the amount you paid for the Product giving rise to the claim.
Nothing in this section excludes or limits liability to the extent that such exclusion or limitation is prohibited by applicable law.
22. Indemnification and Reimbursement
To the fullest extent permitted by law, you are responsible for claims and losses caused by:
- your unlawful or unauthorized use of the Site;
- your violation of these Terms;
- User Content, feedback, ideas, or other materials you submit;
- your infringement or misappropriation of another person’s intellectual-property, privacy, publicity, contractual, or other rights;
- your resale, redistribution, advertisement, or representation of our Products, whether authorized or unauthorized, except where a separate written agreement signed by ShootingTargets.com assigns responsibility differently; or
- your unlawful, reckless, negligent, improper, or unsafe use of a Product.
Third-Party Claims
You agree to defend, indemnify, and hold harmless the ShootingTargets.com Parties from any claim, demand, lawsuit, proceeding, liability, judgment, settlement, penalty, damage, loss, cost, or reasonable legal expense brought or imposed by a third party because of conduct identified in this section.
Direct Losses
You agree to reimburse ShootingTargets.com for reasonable losses, costs, and expenses it directly incurs because of conduct identified in this section, even when no third party files a formal claim.
These costs may include reasonable expenses for investigations, remediation, Product takedowns or recalls, payment disputes, chargebacks, correction of Product advertisements or representations, intellectual-property enforcement, collection activity, and legal services.
Defense and Cooperation
ShootingTargets.com may select legal counsel and control the defense and settlement of a covered third-party claim.
You must provide the information, documents, assistance, and cooperation we reasonably request.
You may not admit liability or enter into a settlement affecting a ShootingTargets.com Party without our prior written consent.
23. Informal Dispute Resolution
Before initiating arbitration or another proceeding authorized by these Terms, the party asserting the dispute must send the other party a written notice containing:
- the party’s name and contact information;
- the relevant order or account information;
- a detailed description of the dispute;
- the basis for the claim; and
- the specific relief requested.
- Notices to ShootingTargets.com must be sent to:
legal@shootingtargets.com
The receiving party will have 30 days after receiving a complete notice to respond and attempt to resolve the dispute.
Neither party may initiate arbitration before that 30-day period expires.
This notice requirement does not prevent ShootingTargets.com from seeking immediate court relief to prevent or stop infringement, misappropriation, unauthorized use, disclosure, or destruction of its intellectual property, confidential information, proprietary rights, or Site security.
24. Individual Arbitration and Class-Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHT TO HAVE A DISPUTE DECIDED IN COURT BY A JUDGE OR JURY.
Except for claims that applicable law does not permit to be arbitrated and the court relief expressly reserved in this section, a dispute arising from or relating to:
- these Terms;
- the Site;
- an account;
- an order;
- a Product;
- User Content or another submission;
- personal information or data security; or
- your relationship with ShootingTargets.com
will be resolved through final and binding individual arbitration under the Federal Arbitration Act.
The inclusion of personal-information and data-security disputes in this section does not make these Terms a Privacy Policy or restate the separate Privacy Policy.
The arbitration will be administered by the American Arbitration Association under the rules applicable to the dispute when the arbitration is filed.
If the American Arbitration Association is unable or unwilling to administer the arbitration, ShootingTargets.com may select another nationally recognized arbitration provider using substantially similar rules.
The arbitration may be conducted through:
- written submissions;
- telephone;
- video conference; or
- an in-person hearing,
as permitted by the applicable arbitration rules.
The arbitrator may award relief only for the individual claim presented.
ShootingTargets.com may seek temporary, preliminary, or permanent relief in a court with jurisdiction to prevent or stop infringement, misappropriation, unauthorized use, disclosure, or threatened violation of its intellectual property, confidential information, proprietary rights, or Site security.
YOU AGREE THAT A CLAIM AGAINST A SHOOTINGTARGETS.COM PARTY MUST BE BROUGHT AND RESOLVED SOLELY IN YOUR INDIVIDUAL CAPACITY.
YOU MAY NOT BRING, JOIN, OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, MASS, OR PRIVATE-ATTORNEY-GENERAL ACTION OR ARBITRATION AGAINST A SHOOTINGTARGETS.COM PARTY.
The arbitrator may not consolidate your claim with another person’s claim or preside over a class, collective, consolidated, representative, mass, or private-attorney-general proceeding.
If the class-action waiver is held unenforceable as to a particular claim, that claim will be severed from arbitration and resolved in the courts identified in Section 26.
Other claims will remain subject to individual arbitration.
25. Jury-Trial Waiver
YOU WAIVE THE RIGHT TO A TRIAL BY JURY FOR A CLAIM OR DISPUTE AGAINST A SHOOTINGTARGETS.COM PARTY THAT IS RESOLVED IN COURT RATHER THAN ARBITRATION.
26. Governing Law and Venue
The Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement in Section 24.
These Terms and disputes arising from or relating to them are governed by the laws of the State of Arizona, without regard to conflict-of-law principles.
When a dispute is not subject to arbitration, or a court proceeding is necessary to compel arbitration, enforce an arbitration award, or exercise a right expressly reserved under these Terms, the proceeding must be filed in the state or federal courts located in Maricopa County, Arizona.
You consent to the personal jurisdiction and venue of those courts.
This section applies except where a law that cannot be waived requires a different governing law or forum.
27. Changes to These Terms
We may revise these Terms by posting an updated version on the Site with a new effective date.
When a revision materially changes your rights or obligations, we will provide notice through one or more reasonable methods, which may include:
- an email sent to the address associated with your account;
- an account notification;
- a checkout notification;
- a conspicuous notice displayed on the Site; or
- a request that you affirmatively accept the revised Terms.
Revised Service Terms
The revised Service Terms govern your access to and use of the Site on and after their effective date after you receive notice and accept them through continued Site use or another affirmative action.
The revised Service Terms govern later:
- access to the Site;
- account activity;
- submission of User Content or other materials;
- communications with ShootingTargets.com;
- use of Site features;
- conduct occurring through the Site; and
- interactions concerning an earlier order.
An earlier order does not cause a previous version of the Service Terms to continue governing your later use of the Site.
By accessing or using the Site after receiving notice that revised Service Terms have become effective, you accept the revised Service Terms.
If you do not agree to the revised Service Terms, you must stop accessing and using the Site.
Sale Terms for Existing Orders
The Sale Terms in effect when you submitted an order continue to govern the sale-specific conditions of that order if the order is accepted.
Those sale-specific conditions include:
- the Product and quantity ordered;
- the price;
- payment obligations;
- applicable taxes;
- order acceptance and cancellation;
- shipping and delivery;
- final-sale status; and
- Product-problem procedures.
A revision to the Service Terms does not cause the former Service Terms to remain applicable merely because a prior order was submitted under an earlier version.
A revision also does not retroactively change the price, Product, payment obligation, final-sale status, or other sale-specific condition already established for an earlier order unless:
- applicable law requires the change;
- you and ShootingTargets.com expressly agree to the change; or
- the change is made solely for your benefit.
Changes to arbitration, class-action waivers, jury-trial waivers, governing law, or another dispute-resolution provision apply to an existing user only after the notice and assent required by applicable law.
Changes to the separate Privacy Policy are governed by the notice and effective-date provisions contained in the Privacy Policy.
28. Events Beyond Our Control
ShootingTargets.com is not responsible for delay, interruption, failure, or inability to perform caused by an event beyond our reasonable control, including but not limited to:
- natural disasters;
- severe weather;
- fire, flood, or earthquake;
- war, terrorism, or civil unrest;
- public-health emergencies;
- labor disputes;
- carrier delays or disruptions;
- supply-chain interruptions;
- shortages of materials or inventory;
- utility failures;
- telecommunications or internet outages;
- cyberattacks;
- government actions;
- embargoes or transportation restrictions; or
- failures of third-party service providers.
During such an event, we may suspend, delay, modify, allocate, or cancel affected Site operations, orders, shipments, Products, or services.
Canceled orders will be handled under Sections 8 and 11.
29. General Provisions
These Terms constitute the entire agreement between you and ShootingTargets.com concerning:
- access to and use of the Site;
- accounts;
- user conduct;
- orders;
- purchases;
- Products;
- Intellectual Property and other submissions; and
- disputes governed by these Terms.
The separate Privacy Policy governs ShootingTargets.com’s collection, use, disclosure, retention, and protection of personal information.
These Terms supersede prior or contemporaneous communications, representations, understandings, and agreements, both oral and/or written, concerning the subjects governed by these Terms.
If a provision of these Terms is held invalid or unenforceable, that provision will be severed, and the remaining provisions will remain effective.
Our failure to enforce a provision does not waive that provision or our right to enforce it later.
You may not assign or transfer these Terms or your rights or obligations under them without our prior written consent.
We may assign these Terms, in whole or in part, at the sole discretion of ShootingTargets.com.
These Terms benefit ShootingTargets.com and its successors, assigns, and licensees.
These Terms do not create an employment, agency, partnership, franchise, fiduciary, dealership, distributorship, or joint-venture relationship.
The ShootingTargets.com Parties are intended third-party beneficiaries of the provisions that expressly protect them and may enforce those provisions. No other person or entity has rights under these Terms.
Section headings are included for convenience and do not affect interpretation.
30. Contact Information
Questions concerning these Terms may be submitted through our Contact page or sent to:
legal@shootingtargets.com
Questions concerning the collection, use, disclosure, retention, or protection of personal information should be submitted through the contact method identified in the separate Privacy Policy.
