FIREARM SAFETY & LIABILITY
ALL sales are final. All deposits are non refundable.
In consideration of the mutual promises set forth below in the body of this contract, Customer and Dark Alliance Firearms LLC agree as follows:
Firearms Safety Rules – Please read, understand, & follow:
- Treat ALL firearms as if they are loaded.
- NEVER point a firearm at anything you aren’t going to shoot.
- Keep your finger OFF the trigger until you are ready to shoot.
- Be SURE of your target and what is BEYOND it.
Customer has read all the Firearms Safety Rules and is aware that use or misuse of firearms can result in injury or death.
NEW, USED, & CONSIGNMENT FIREARMS
All safety features and operational methods of the firearm will be detailed by Dark Alliance Firearms LLC at the time of purchase. Purchaser (Customer) agrees to indemnify, release, and voluntarily waive the right to hold Dark Alliance Firearms LLC responsible for any damage, injury, death, or any other consequences which may arise from the use or misuse of firearms purchased from Dark Alliance Firearms LLC.
REPAIR, MODIFICATION, & CUSTOM GUNSMITHING
- Dark Alliance Firearms LLC shall undertake gunsmithing work as set forth on the Work Order.
- The Customer recognizes, realizes, and by reading and signing the Release Form, understands that by the Customer’s request these changes occur, that the Customer releases Dark Alliance Firearms LLC, both individually and in any business form, it’s employees, volunteers, and any associated individuals or businesses, from any liability should any accident occur because of the requested changes or alterations.
- The Customer will indemnify and release Dark Alliance Firearms LLC from all liability for any loss, damage, or injury to persons or property arising from or related to the performance of the agreement including, without limitation, all consequential damages whether or not they result from the negligence of the Customer or Customer’s agent.
- If any legal action, including a legal action in contract law, tort law, or criminal law, including an action for declaratory relief is brought to enforce or interpret the provisions of this contract, or a suit of liability, then the prevailing party shall be entitled to recover reasonable attorney’s fees from the other party. These fees which may be set by the court in the same action or in a separate action, brought for that purpose, are in addition to any other relief to which the prevailing party may be entitled.
- This agreement supersedes all other agreements either oral or written, between the Customer and Dark Alliance Firearms LLC, with respect to the subject of this contract. This contract contains all of the covenants and agreements between the parties with respect to the gunsmithing work pursuant to the Work Order and each party to this contract acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party, except those covenants and agreements embodied in this contract. No agreement, statement or promise not contained in this contract shall be binding or valid.
- The validity of this agreement and any of its terms or provisions, as well as the rights and duties of the parties under this agreement, shall be construed pursuant to and in accordance with the laws of the State of California. If any term of this agreement is held by a court of competent jurisdiction to be void or unenforceable, the remainder of the contract terms shall remain in full force and effect and shall not be affected.
- The Customer agrees that; the strength, use, misuse, quality, manufacturing defects, and past history of their firearm(s) and ammunition are unknown to Dark Alliance Firearms LLC. Therefore unless the firearm(s) and ammunition are specifically inspected for safety and declared (in writing) by Dark Alliance Firearms LLC to be safe and compatible with each other, the Customer, and only the Customer accepts full responsibility for their own safety when using this or any firearm.
- The Customer acknowledges to have voluntarily requested of Dark Alliance Firearms LLC, activities which include, but which are not limited to, modifications and alterations to a firearm and its operation which may affect the operation of installed safety systems.
ASSUMPTION OF RISK
I (also known as the Customer) am aware that alterations and modifications of firearms may be hazardous. I am voluntarily requesting that these activities take place with the full knowledge of the dangers involved which include injury, death, dismemberment, and paralysis, and I hereby agree to accept any and all risks of injury or death and verify this statement by placing my signature on this contract. As consideration for this gunsmithing being performed pursuant to my direction, I hereby agree that I, my assignees, heirs, guardians, and legal representatives, will not make a claim against, sue, or attack the property of Dark Alliance Firearms, any of its affiliated organizations or individuals for injuries or damages resulting from negligence or other acts how so ever caused by Dark Alliance Firearms LLC, or any employee, agent, or contractor of Dark Alliance Firearms, or any of its affiliated organizations or individuals as a result from my request for modification or alteration to a gun. I hereby release Dark Alliance Firearms LLC, any of its affiliated organizations, officers, employees, and volunteers, from all actions, claims, or demands that I, my assignees, heirs, guardians, or legal representatives now have or may hereafter have for injuries or damages resulting from my request of modification or alteration to a gun set forth on the Work Order.
CONDITIONS OF USE
Welcome to our online store! DARK ALLIANCE FIREARMS and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
When you visit DARK ALLIANCE FIREARMS or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of DARK ALLIANCE FIREARMS or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of DARK ALLIANCE FIREARMS, with copyright authorship for this collection by DARK ALLIANCE FIREARMS, and protected by international copyright laws.
DARK ALLIANCE FIREARMS’ trademarks and trade dress may not be used in connection with any product or service that is not DARK ALLIANCE FIREARMS’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DARK ALLIANCE FIREARMS. All other trademarks not owned by DARK ALLIANCE FIREARMS or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DARK ALLIANCE FIREARMS or its subsidiaries.
LICENSE AND SITE ACCESS
DARK ALLIANCE FIREARMS grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of DARK ALLIANCE FIREARMS. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of DARK ALLIANCE FIREARMS. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of DARK ALLIANCE FIREARMS and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing DARK ALLIANCE FIREARMS’ name or trademarks without the express written consent of DARK ALLIANCE FIREARMS. Any unauthorized use terminates the permission or license granted by DARK ALLIANCE FIREARMS. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of DARK ALLIANCE FIREARMS so long as the link does not portray DARK ALLIANCE FIREARMS, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any DARK ALLIANCE FIREARMS logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. DARK ALLIANCE FIREARMS and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. DARK ALLIANCE FIREARMS reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant DARK ALLIANCE FIREARMS and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant DARK ALLIANCE FIREARMS and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify DARK ALLIANCE FIREARMS or its associates for all claims resulting from content you supply. DARK ALLIANCE FIREARMS has the right but not the obligation to monitor and edit or remove any activity or content. DARK ALLIANCE FIREARMS takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from DARK ALLIANCE FIREARMS are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
DARK ALLIANCE FIREARMS and its associates attempt to be as accurate as possible. However, DARK ALLIANCE FIREARMS does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by DARK ALLIANCE FIREARMS itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY DARK ALLIANCE FIREARMS ON AN “AS IS” AND “AS AVAILABLE” BASIS. DARK ALLIANCE FIREARMS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DARK ALLIANCE FIREARMS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DARK ALLIANCE FIREARMS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM DARK ALLIANCE FIREARMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DARK ALLIANCE FIREARMS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting DARK ALLIANCE FIREARMS, you agree that the laws of the state of Nevada, United States of America, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and DARK ALLIANCE FIREARMS or its associates.
Any dispute relating in any way to your visit to DARK ALLIANCE FIREARMS or to products you purchase through DARK ALLIANCE FIREARMS shall be submitted to confidential arbitration in Nevada, United States of America, except that, to the extent you have in any manner violated or threatened to violate DARK ALLIANCE FIREARMS’ intellectual property rights, DARK ALLIANCE FIREARMS may seek injunctive or other appropriate relief in any state or federal court in the state of Nevada, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to DARK ALLIANCE FIREARMS. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.