Terms of Use
Acceptance of Terms and Conditions
B.A.D. DBA “Brock Arms Direct, LLC” provides online resources including shopping services, search services, content, classified ads and forums (collectively, “the Service”) subject to the following terms and conditions of service (“User Agreement”). By using the Service in any manner, including if you visit or shop at www.shop.brockarmsdirect.com website, you agree to comply with all terms and conditions of this User Agreement. In addition, when using particular B.A.D. Services, you agree to abide by all posted guidelines for all B.A.D. Services.
B.A.D. Reserves the right, at its sole discretion, to change, modify, or otherwise alter the terms and conditions of this User Agreement and the Service at any time. B.A.D. Reserves the right yo offer other services which are governed by different terms and conditions from those contained herein. The changes will become effective immediately upon posting of the changes. You must review this User Agreement on a regular basis to keep yourself informed of any changes. The most recent version of this agreement is available at: www.shop.brockarmsdirect.com
You consent to receive communications from B.A.D. electronically. You agree that all agreements, notices, disclosures, and other communications sent to you electronically satiny any legal requirements that such communications be in writing.
Content
You understand and agree that all postings, messages, text, files, images, photos, video, sounds or other materials posed on transmitted through or linked from the Service (collectively, the “Content”), are the sole responsibility of the person originating such Content. You also understand and agree that:
You are the solely responsible for each individual item (“Item”) of Content that you post, e-mail, or otherwise make available though the Service;
B.A.D. does not control and is not responsible for Content made available through the Service; the B.A.D. site and Content available through the Service may contain links to other websites which are completely independent of B.A.D. and B.A.D. makes no representation or warranty as to the accuracy, completeness, or authenticity of the information contained in any such site;
Your linking to any such other websites is at your own risk;
You bear all risks associated with use of any Content and under no circumstances will B.A.D. be liable for any loss or damage of any kind incurred from the use of any Content posted, e-mailed, or otherwise made available through the Service; and
B.A.D. does not pre-screen or approve Content but B.A.D. shall have the right (but not the obligation) in its sole discretion to refuse, delete, or move any Content for any reason.
Third Party Content, Sites, and Services
The B.A.D. Site and content available through the Service may contain features and functionalities that may link or provide you with access to third party content which is completely independent of B.A.D. including websites, servers, networks, systems, information, databases, applications, software, programs, products or services, and general access to the Internet.
Your interactions with third parties (the “Third Parties”) including payment and delivery of goods or services and any other terms, condition, warranties, representations associated with such Third Party dealings are solely between you and the Third Parties. You must make al appropriate investigations before proceeding with any online or offline transaction with any Third Party. B.A.D. does not investigate, certify, or approve any Third Party or other user of the Service.
B.A.D. shall not be responsible or liable for any loss, damage, cost, or expense of any type whatsoever incurred as the result of any dealings or other interactions with Third Parties. If you have any dispute with a Third Party, you agree that B.A.D. is not obligated to be involved in the dispute and you hereby release and hold B.A.D., it’s officers, employees, agents, and successors harmless from claims, demands, and damages (actual and consequential) of every kind whatsoever, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or the Service.
Registration and Account Obligations
As a condition precedent to your use of the Service, you warrant and represent that you are not a minor, are of legal age to form a binding contract and are not barred by law from using the Service. You further warrant, represent, and agree to: provide true, accurate, current, and complete information in your registration to use the Service and maintain and promptly update such restoration information to keep it rue, accurate, correct, and complete. Any violation of the foregoing warranties, representations or agreements may result in suspension or termination of your privileges to access and use the Service.
If you use the Service, you are solely responsible for maintaining the confidentiality of your account and password and for restricting access to you computer. You also agree that responsible for all activities that occur under your account or password. If you are under 18, you may use the Service only with involvement of your parent or guardian. B.A.D. reserves the right to refuse service, terminate accounts, remove, or edit content or cancel orders in it’s sole discretion.
Privacy and Information Disclosure
B.A.D. has established a Privacy Policy t explain to users ow their information is collected and used which is listed at the top of this page.
Your use of the B.A.D. may, in its sole discretion, preserve or disclose your Content as well as your information such as e-mail addresses, IP addresses, timestamps, and other user information if required by law or in the good faith belief that such preservation or disclosure is reasonably necessary or appropriate including without limitation, disclosure to:
Comply with legal process;
Enforce or comply with this User Agreement;
Respond to claims that any Content violates the rights of Third Parties;
Respond to claims that contact information (eg: phone number and/or street address) of a Third Party has been posted. Or transmitted without this r consent or as a form of harassment, or
Protect the rights, property, or safety of B.A.D. or the site users.
The B.A.D. website permits you to post you personal information such as your name, e-mail address, phone number, physical address, etc. B.A.D. strongly discourages Tory from posting your specific personal information because it will be available to anyone with internet access. B.A.D. cannot guarantee the privacy or security of your information and, therefore, we strongly encourage you to utilize B.A.D.’s blind email feature which gives others limited access to your personal information.
Conduct
You shall not post, e-mail, or otherwise make available Content that:
Is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
List, offer for sale or sell any explosives, explosive devices, or instructions for creating or making explosives or explosive devices other than ammunition for legal firearms;
Is pornographic or depicts any human being(s) engaged in sexual conduct;
Harasses degrades, intimidates, or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
Impersonates any person or entity including, without limitation, a B.A.D. employee, or falsely states, or otherwise misrepresents your affiliation with a person or entity;
Includes personal or identifying information about another person without that person’s written consent;
Is false, deceptive, misleading, or deceitful;
Infringes any patent, trademark, trade secret, copyright, or other property rights of any person or entity;
Contains affiliate marketing, link referral code, junk mail, spam, chain letters, pyramid schemes, or unsolicited commercial advertisement;
Constitutes or contains any form of advertising or solicitation if posted in areas of the B.A.D. sites which are not designated for such purposes or e-mailed to B.A.D. users who have not given written approval to contact them about other services, products, or commercial interests;
Includes links to commercial services or websites;
Advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including, without limitation, the sale of items prohibited or regulated by Ohio law. Without limiting the generality of the preceding sentence, you agree that all offers to sell and all sales and transfers of firearms, guns, ammunition,, hunting guides, and gun accessories shall be made by you strictly in accordance with all federal, state, and local laws, rules, and regulations. You further acknowledge and agree that applicable law prohibits that shipment of hums and firearms to any person or entity other than a Federally Licensed Dealer and you shall not sell, ship, or deliver any goods in violation of any law. It is your obligation to know all laws regarding offers to sell and the sale and transfer of firearms, guns, and ammunition and to fully comply with such laws and any violation of such law will terminate your right to access or use the Service. B.A.D. will cooperate with law enforcement in prosecuting anyone suspected of breaking any such laws.
A partial list of prohibited items for sale and prohibited services offered is provided at the following web address: https://www.atf.gov/publications/firearms/state-laws/31st-edition/index.html
Contains software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
Disrupts the the normal flow of dialogue with an excessive amount of content to the service or that otherwise negatively affects other users’ ability to use the service;
Violates any federal, state, or local law, rule, regulation, ordinance, or other authority; or
Employs misleading e-mail addresses, forged headers, or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you shall not:
Contact anyone who has asked not to be contacted or make unsolicited contact with anyone for any commercial or improper purpose;
Stalk or otherwise harass anyone;
Collect personal data about other users for commercial, unauthorized or unlawful purposes;
Use automated means including spiders, robots, crawlers, data mining tools, or similar software to download data from the service unless expressly authorized in writing by B.A.D.;
Attempt to gain unauthorized access to B.A.D.’s computer systems or engage in any activity that disrupts, degrades, interferes with, or impairs the performance of our functionality of the Services or B.A.D.’s website;
Use any form of automated device or computer program that enables the submission of postings on B.A.D.’s website without each posting manually entered by it’s author including, without limitation, use of any such automated posting device to submit postings in bulk or for automatic submission of postings at regular intervals; or
Use any form of automated device or computer program (“flagging tool”) that enables the use of B.A.D.’s flagging system or other community moderation systems without each flag being manually entered by the person that initiates the flag or use the flagging tool to remove posts of competitors or posts of B.A.D. or any Third Party.
B.A.D. may, without prior notice, immediately terminate your access and use of the Service and any associated e-mail addresses, in B.A.D.’s sole discretion including, without limitation, for any of the following reasons:
Breach or violation of this User Agreement it other incorporated agreements or guidelines;
Request by law enforcement or other government agencies;
A request by you;
Discontinuance or material modification to the Service (or any part thereof);;
Unexpected technician or security issues or problems;
Extended periods of inactivity;
Engagement by you in fraudulent or illegal activities; or
Nonpayment of any fees owed by you in connection with the Service.
Termination of your B.A.D. account may include:
Removal or denial of access the Service;
Deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof); and
Barring of further use of the Service and B.A.D. shall not be liable to you or any Third Party for any termination of your account, any associated email addresses, or termination of access to the Service.
Risk of Loss
All items purchased from B.A.D. are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
Product Descriptions
B.A.D. does it’s best to accurately represent the merchandise through photograph, price, and copy. Occasionally, we make mistakes, if such a mistake should occur, your order will be corrected as the facts dictate. We are not liable for errors in pricing, pictures, or descriptions.
9. Pricing
B.A.D. does our best to price our products a market value. As the market changes, so does our pricing. We are not obligated to honor a price that is in print or an error. We reserve the right to adjust product prices as dictated by the market
10. No spam policy
Sending unsolicited e-mail advertisements through B.A.D.’s computer systems or the Service is expressly prohibited by this User Agreement. And federal and state laws, including without limitation, the Computer Fraud and Abuse Act (18 U.S.C. A., ss 1030 et seq.) such violations may subject the sender and his agents to civil and criminal penalties
11. Limitations on Service
B.A.D. may establish limits from time to time concerning use of the Service including, without limitation, the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, e-mail messages, or their Content that may be transmitted or stored by the Service and the frequency which you may access the Service. B.A.D. reserves the right at any time to modify or discontinue the service (or any part thereof), with or without notice, and B.A.D. shall not be liable to you or to any tThird Party for any modification, suspension, or discontinuance of the Service.
12. Access to the Service
B.A.D. grants you a limited, revocable, non exclusive license to access the Service for your own personal use. This license does not include access to the Service by posting agents or any collection, aggregation, copying, duplication, display, o derivative use of the Service, nor any use of data mining, robots, spiders, or similar data gathering or extraction tools for any purpose unless expressly approved in writing by B.A.D.
13. Termination of Service
B.A.D in it’s sole discretion has the right (but not obligation) to delete or deactivate your account, block your e-mail, or IP address, or otherwise terminate your access to or use the Service (or any part thereof),, immediately and without notice, and remove and discard any Content within the Service for ay reason, including, without limitation, if B.A.D. believes that you have violated this User Agreement. Further, B.A.D. shall not be liable to you or any Third Party for any termination of your access to the Service.
14. Proprietary Rights
a. The Service is protected by copyright laws and international treaties. Content displayed on or through the Service is. Protected by copyright as a collective work or compilation pursuant to copyright laws and international conventions. Any reproduction, modification, creation of derivative works from or redistribution on the site, or the collective work, copying, reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of B.A.D. You shall not reproduce, duplicate, or copy content from the Service without the express written consent of B.A.D. and you agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, irreverse engineer or otherwise attempt to discover an source code contained in the Service without limiting the foregoing. You shall not reproduce, duplicate, copy sell, resell or exploit for any commercial purposes, any aspect of the Service.
b. Although B.A.D. does not claim ownership of content that it’s users post, by posting Content to any public area of the Service, you automatically grant, and warrant that you have the right to grant B.A.D. an irrecoverable, perpetual, non-exclusive, fully paid, transferable, irrecoverable worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content and to grant and authorize sub-licenses (through multiple tiers) of the foregoing. By posting Content to any public area of the Service, you automatically grant B.A.D. all rights necessary to prohibit any subsequent aggregation, display, copying duplication, reproduction, or exploitation of the Content on the Service at any party – for any purpose.
15. Notification of Infringement Claims
If you believe that your intellectual property has been unlawfully copied or any content otherwise infringes your intellectual property rights, please notify us in writing immediately.
16. Notification of Warranties
YOU AGREE THAT USE OF THE B.A.D. SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE B.A.D. SITE AND THE SERVICE ARE PROVIDED ON AND “AS IS” OR “AS AVAILABLE” BASIS. WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY , FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE. EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, B.A.D. DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE B.A.D. SITE AND THE SERVICE wasTO THE FULLEST EXTENT PERMITTED BY LAW, B.A.D. DISCLAIMS ANY WARRANTIES OR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE B.A.D. SITE OR SERVICE OR ACCESSED THROUGH ANY LINKS ON THE B.A.D. SITE AND THE SERVICE. TO THE FULLEST EXTENT OF THE LAW, B.A.D. DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH TH B.A.D. SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you.
17. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL B.A.D. BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF B.A.D. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE  B.A.D. SITE OR SERVICE, WETHER ETHE DMAGES ARISE FROM USE ORO MISUE OF THE B.A.D. SITE OR THE SERVICE, FROM INABILITY TO SE THE B.A.D. SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION,MODIFICATION, ALTERATION, OR TERMINATION OF THE B.A.D. SITE OR THE SERVICE. SUCH LIMITATION SHAL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE B.A.D. SITE OR THE SERVICE OR ANY LINKS ON THE B.A.D. SITE AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE B.A.D. SIRE OR THE SERVICE OR ANY LINKS ON THE B.A.D. SITE. THESE LIMITATIONS SHALL APLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
18. Indemnity
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND GOLD B.A.D., ITS OFFICERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS, SUPPLIERS, AND EMPLOYEES HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEY FEES, CORT COSTS, AND OTHER LEGAL DISBURSEMENTS AND EXPENSES ARISING FROM OR RELATED TO, DIRECTLY OR INDIRECTLY, ANY CONTENT YOU SUBMIT, POST, OR MAKE AVAILABLE THROUGH THE SERVICE, YOUR USE OF THE SERVICE, YOUR VIOLATION OF THIS USER AGREEMENT, YOUR. BREACH OF ANY OF THE REPRESENTATIONS, AND WARRANTIES HEREIN OR YOUR VIOLATION OF ANY RIGHTS OR, OR DUTIES OED TO ANY THIRD PARTY.
19. Resolution of Disputes
YOU AND B.A.D. AGREE THAT WE WILL RESOLVE ANY CLAIM OR CONTROVERSY THAT ARISES OUT OF THIS USER AGREEMENT, THE SERVICE OR ANY SALES TRANSACTION (A “CLAIM”) IN ACCORDANCE WITH ONE OF THE PROCEDURES DESCRIBED BELOW. WE STRONGLY ENCOURAGE YOU O FIRST CONTACT US DIRECTLY BY EMAIL TO SEEK A RESOLUTION OF THE CLAIM.
B.A.D. AND YOU HEREBY AGEE TO SUBMIT TO THE PERSONAL AD EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF THE STATE OF OHIO AND VENUE SHALL BY PROPER IN SANDUSKY COUNTY.
FOR ANY CLAIM (EXCLUDING CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF) WHERE THE TOTAL AMOUT OF THE AWARD SOUGHT IS LESS THAN $5,000.00 B.A.D. OR YOU MAY ELECT TO RESOLVE THE DISPUTE THROUGH BINDING NON-APPEARANCE ARBITRATION. IF A PARTY ELECTS ARBITRATION, IT SHALL INITIATE SUCH ARBITRATION THROUGH ANN ESTABLISHED ALTERNATIVE DISPUTE RESOLUTION (“ADR”) PROVIDER MUTUALLY AGREED UPON BY THE PARTIES. THE ADR PROVIDER AND THE PARTIES MUST COMPLY WITH THE FOLLOWING RULES:
THE ARBITRATION SHALL BE CONDUCTED BY TELEPHONE, ONLINE, OR BE SOLELY BASED ON WRITTEN SUBMISSIONS AND THE SPECIFIC MANNER SHALL BE CHOSEN BY THE PARY INITIATION THE ARBITRATION;
THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHER WISE MUTUALLY AGREED BY THE PARTIES;
THE ARBITRATION SHALL BE CONDUCTED B A SINGLE ARBITRATOR AND;
ANY JUDGMENT ON THE AWARD RENDERED BT RHE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION
20. General
a. This user agreement contains the entire agreement between BAD and you and governs your use of the service and all transactions or other matters between BAD and you.
b. This user agreement and the relationship between BAD and yo shall be governed by laws of the State of Ohio without regard to its conflict of law provisions.
c. The failure of BAD to exercise or enforce any right or provision of this user agreement in any instance shall not constitute a waiver of such right or provision.
d. If any proficient of this user agreement is found by a court of competent jurisdiction to be invalid, such invalid provision shall be fully severable and the other provisions of this user agreement shall remain in full force and effect.
e. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or this user agreement must be filed within one year after such claim or cause of action arose or accrued or be forever barred.
21. Disclaimer Liability
Brock Arms Direct, LLC has taken reasonable efforts to ensure that the information contained in this website is accurate, however, all information is provided :as is: without any expressed or implied warranties, INCLUDING BUT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT SHALL BROCK ARMS DIRECT, LLC BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY USE OR PERFORMANCE OF OR CONTENT ERRORS OR OMISSIONS IN THE INFORMATION, EVEN IF NOTIFIED IN ADVANCE OF THE POTENTIAL FOR SUCH DAMAGES. All users of the information agre that access to any use of the information is subject to the terms and conditions set forth in the User Agreement, as well as all applicable laws, and such access and use is at the user’s own risk.  Our products are intended for adult use only.