TERMS AND CONDITIONS OF USE OF ORACLEARMS.COM
Updated April 20, 2023
Please read the following terms and conditions (the “Terms & Conditions” or “Terms”) carefully before accessing, visiting or using any the website located at oraclearms.com, which is owned or operated by Oracle Arms, LLC (the “Website”).
The terms “we,” “us,” “our,” or “Oracle Arms” each refer to Oracle Arms, LLC. If you do not agree to the Terms & Conditions or our Privacy Policy, you should not access, visit or use our Website. By accessing, visiting or using the Website, you acknowledge and agree that you have read, fully understand and agree to the Terms & Conditions, as well as Oracle Arms’ Privacy Policy.
Oracle Arms reserves the right, at our sole discretion, to change or modify portions of or entire items (e.g., content, features, functionality, product, offers, videos, images, etc.) on the Website, the Terms & Conditions, and the Privacy Policy at any time and without notice. Changes or modifications will become effective upon the date they are first posted on our Website. You agree to review our Terms & Conditions and Privacy Policy periodically and that your continued use of or access to the Website indicates your consent to, understanding of, and agreement to any such change or modification.
All purchases through our site or other transactions for the sale of goods formed through the Website or as a result of visits to the Website made by you are governed by the applicable federal, state, and local rules and regulations. NOT ALL PRODUCTS ARE AVAILABLE IN ALL AREAS. ATTACHING CERTAIN ACCESSORIES TO YOUR FIREARM MAY RENDER IT PROHIBITED IN CERTAIN STATES OR LOCALES. IT IS YOUR RESPONSIBILITY TO VERIFY YOUR STATE AND LOCAL LAWS PRIOR TO INSTALLING ACCESSORIES ON YOUR FIREARM. Product availability, price, and specifications are subject to change without notice. Typographic, photographic and descriptive errors are subject to correction. We reserve the right to limit product quantities.
1. INTELLECTUAL PROPERTY RIGHTS
Our Website is maintained to allow you to access information about, and to stay up-to-date on, information and news about Oracle Arms, our products and our services. You agree to use our Website for your personal, non-commercial use only. Content displayed on our Website, including, but not limited to, any and all text, images, graphics, sound, animations and videos, are protected by applicable intellectual property laws, e.g., trademark and copyright laws of the United States, and belong to Oracle Arms or its partners, affiliates, contributors or third parties. You are not permitted to download, store, copy, reproduce, alter, modify, create derivative works, publicly display, perform, publish, republish, transmit, post, re-post or distribute any of the materials or content displayed or featured on the Website except under the following circumstances:
- You may use content or materials from our Website with the express prior written permission of Oracle Arms.
- Your computer may store copies of materials and content from the Website on your computer or device temporarily and files may be automatically, but not permanently, cached by your Internet browser.
- You may download or print Oracle Arms content only for your personal use for non-commercial purposes.
No modification or alteration of the content or materials found on our Website is permitted.
Our Website, including, but not limited to, all content, features and functionality, are owned by Oracle Arms, its licensors or other providers. No right, title or interest in or to our Website or any content, features and functionality is transferred to you, and all rights not expressly granted herein are reserved by Oracle Arms.
Oracle Arms possesses the sole and exclusive rights to its names, product names, brand names, logos, designs, product configurations, service marks, trademarks, trade dress, slogans and all intellectual property. Nothing contained on the Website may be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without the express prior written permission of Oracle Arms. To the extent applicable, all other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
2. PROHIBITED USES OF THE WEBSITE
You agree that you will only access, visit or use our Website for lawful purposes and in compliance with all local, state and federal laws applicable to you and to Oracle Arms.
In particular, you agree that you shall not access, visit or use our Website to do any of the following:
- Engage in conduct which violates any applicable federal, state, local or international law or regulation;
- Engage in conduct that violates laws regarding the export of data or software to and from the United States;
- Engage in conduct that attempts to or exploits or harms individuals, including, but not limited to minors;
- Engage in conduct that impacts or effects the use, content, features or functionality of the Website or otherwise impacts the use, enjoyment or operation of the Website or the servers or equipment related thereto;
- Interfere with or disrupt the use, content, features, or functionality of the Website;
- Provide any information to us that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose;
- Do anything that could disable, overburden, or impair the proper function or appearance of content, features, or functionality of the Website, e.g., engage in a denial-of- service attack; and
- Facilitate or encourage any violations of the Terms or our Privacy Policy.
3. DISCLAIMERS
Oracle Arms cannot and does not guarantee or warrant that the Website, including, but not limited to, materials, content, and files, will be free of viruses or other destructive code, components or objects. You are solely responsible for safeguarding your computer, mobile device, device or network. YOUR USE OF THE WEBSITE, ITS CONTENT, MATERIALS, FUNCTIONALITY, AND FEATURES, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, IS AT YOUR OWN RISK. THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, CONTENT, MATERIALS, FUNCTIONALITY, FEATURES AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ORACLE ARMS DOES NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
WITHOUT LIMITING THE FOREGOING, ORACLE ARMS DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, THEIR CONTENT, MATERIALS, FUNCTIONALITY AND FEATURES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
ORACLE ARMS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Oracle Arms reserves the right to modify, amend, delete, suspend or discontinue the Website, or any portion thereof, without prior notice.
4. INFORMATION SUBMITTED BY USERS
We do not claim ownership of the photographs, slides, images, content, or other materials (collectively, “Materials”) you provide to us, whether you provide that to us through the Website or other means, such as email or social media accounts maintained by Oracle Arms. However, by sending, mailing, forwarding, uploading, inputting, providing, or otherwise submitting Materials to us, you agree to, and grant to, Oracle Arms and its sublicensees the right and irrevocable license to use, in perpetuity, any of the Materials submitted to us without compensation (e.g., on a royalty-free basis), notice, or credit to the person(s) submitting such Materials. Such rights shall include, without limitation, the right and license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Materials, and to publish your name in connection with your Materials. In addition, Oracle Arms shall have the right to make additions to, and create new renderings, modifications or embellishments of, the Materials. All such additions, renderings, modifications and/or embellishments shall be, and remain the property of Oracle Arms.
Oracle Arms is under no obligation to use any Materials you provide and may remove any Materials from its publications and/or Website at any time in Oracle Arms’ sole discretion. Oracle Arms will not return any submitted Materials to you.
Oracle Arms shall not be liable by virtue of any blurring, distortion, alteration, optical illusion or use in composite form, whether intentional or otherwise, which may occur or be produced in the use of such Materials or the publication thereof, including any misspellings or other mistakes with regard to your name or identity and/or the Material’s subject(s), if disclosed.
Any person submitting Materials represents and warrants that: (i) he/she owns all rights, title and interest in such Materials; and (ii) our use thereof, will in no way infringe upon the rights (including, but not limited to, copyrights) of any person or entity. You are solely responsible for any Materials you submit to Oracle Arms, including the lawfulness, appropriateness, originality, or copyright.
You may not submit information, content, or Materials that: (i) are false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, constitutes trade secret or confidential information, abusive, illegal or otherwise objectionable; or (ii) constitutes or encourages a criminal offense, or that violates the rights of any party or otherwise gives rise to liability or violates any law.
Any comments or remarks sent to Oracle Arms including feedback data, such as questions, comments, suggestions, or the like regarding the content of the Website or Materials (collectively “Feedback”), shall be deemed to be non-confidential. Oracle Arms shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, Oracle Arms shall be free to use any ideas, concepts, know-how or techniques contained in
such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.
5. LINKS
Links to other websites: The Website may contain links to other websites that are not owned or operated by Oracle Arms. These links are provided as a convenience for users of the Website. They do not constitute approval, endorsement, sponsorship or recommendation for the content of these websites. Should you leave the Website via a link contained herein, and view content that is not provided by Oracle Arms, you do so at your own risk. Oracle Arms does not accept responsibility for links to other websites and the content available on such websites. Such content is exclusively subject to the liability of the respective website owner.
If you click on a third-party link or third-party content, be sure to read the terms and conditions of use and privacy statements or policies of those websites you access to ensure that you agree or consent to those terms, conditions, statements or policies.
Oracle Arms does not endorse, support, sanction, warrant, guarantee or verify the information or material that is provided on other websites. Descriptions of, or references to, products, publications or websites that are not owned by Oracle Arms do not imply endorsement of that product, publication or website.
Oracle Arms has not reviewed all materials linked to or from our Website and is not responsible for the content of any such material. Any concerns regarding any such websites should be directed to the particular website or service.
6. DATA PRIVACY RIGHTS
Residents and or citizens of some jurisdictions are entitled to specific rights in regard to the collection and use of their personal data on the Website. The Website is not intended to be accessed, visited, or used by residents or citizens of any member state of the European Union or the United Kingdom. By continuing to access, visit, or use the Website you affirm that you are not a resident or citizen of any member state of the European Union or the United Kingdom.
Please see the Privacy Policy for additional information related to your data privacy rights and how to assert them.
7. APPLICABLE LAW; JURISDICTION/VENUE
Any and all disputes or claims arising out of or related to the Website or the Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Nevada, without giving effect to any choice or conflict of law principles or provisions.
You agree that any claim or legal proceeding arising out of or relating to the Website or the Terms & Conditions must be brought only in the United States District Court for the District of Nevada or a state court of competent jurisdiction located within the territory of Lyon County, State of Nevada, United States of America.
8. SEVERABILITY
If any provision of these Terms & Conditions is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions of the Terms & Conditions.
9. LIMITATION ON LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL A COVERED PARTY (AS DEFINED BELOW) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES AND LOST PROFIT), WHETHER OR NOT FORESEEABLE AND WHETHER BASED ON CONTRACT, TORT, COMMON LAW OR ANY OTHER THEORY OF LIABILITY, STATUTE OR REGULATION, IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE, OR INABILITY TO USE, OUR WEBSITE, INCLUDING, BUT NOT LIMITED TO, CONTENT, MATERIALS, FUNCTIONALITY, FEATURES, OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
“Covered Party” means Oracle Arms, its affiliates, and any officer, director, employee, subcontractor, agent, successor or assign of Oracle Arms or its affiliates.
10. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Oracle Arms, including, but not limited to, its affiliates, related entities, officers, directors, employees, agents, licensors, suppliers and any third- party information providers, from and against all claims, actions, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any breach of the Terms & Conditions or your use of the Website.
11. TERMINATION
The Terms & Conditions shall be effective until terminated by Oracle Arms, at its sole discretion. Termination can occur at any time without notice. In the event of termination, you are no longer authorized to access the Website, and the conditions imposed on you with respect to content and Materials, as well as the disclaimers, limitations of liabilities and indemnification set forth in the Terms & Conditions, shall survive.
12. WAIVER
Our failure to insist upon or enforce strict performance of any provision of the Terms & Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms & Conditions. We may assign our rights and duties under these Terms & Conditions to any party at any time without notice to you.