Terms & Conditions
Our current Terms of Use were last updated on July 9, 2021.
Terms of Use
Welcome to Brownells, Inc. ("Brownells") website ("Website") with a url of www.Brownells.com.The following terms and conditions (together with any documents referred to in them) (collectively, the "Terms of Use") apply to your use of the Website, including any content, functionality and services offered on or through the Website, whether as a guest or a registered user, or through mobile or desktop application versions of the Website. Please read these Terms of Use carefully before using the Website. Additionally, please review our Privacy Policy to understand our practices. By using the Website you signify your consent to these Terms of Use and our Privacy Policy, incorporated here by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must exit the Websites.
Account Confidentiality
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify Brownells of any unauthorized use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, if in our opinion, you have failed to comply with any provision of these Terms of Use.
Information Accuracy
The content on the Website is for informational purposes only and you agree that your use of and browsing in the Website is at your risk. In no event shall Brownells, Inc. its parent, subsidiaries or affiliates and their officers, directors, employees or agents (collectively "Brownells Parties"), be liable to you for any direct, indirect, special, punitive or consequential damages resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein and whether or not Brownells is advised of the possibility of such damages.
You agree to defend, indemnify and hold harmless the Brownells Parties, against all third party claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable attorney's fees, arising in connection with your use of the Website or resulting from, or alleged to result from, your use of the Websites or your violation of these Terms of Use.
BROWNELLS HAS TAKEN REASONABLE EFFORTS TO ENSURE THE INFORMATION CONTAINED IN THE WEBSITE IS ACCURATE; HOWEVER, ALL INFORMATION IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, BROWNELLS DISCLAIMS ALL WARRANITES, EXPRESS OR IMPLIED. IN ADDITION, BY USING THE WEBSITE AND VIEWING THE CONTENT ON THE SITE, INCLUDING BUT NOT LIMITED TO INSTRUCTIONAL ARTICLES AND VIDEOS, YOU UNDERSTAND AND AGREE THAT ALL FIREARMS ARE POTENTIALLY DANGEROUS IF HANDLED IMPROPERLY AND CAN POSE RISKS AND HAZARDS TO YOURSELF AND OTHERS, WHICH MAY RESULT IN PROPERTY DAMAGE, SERIOUS INJURY OR DEATH. ANY ADVICE, GUIDANCE OR OTHER INFORMATION PROVIDED ON THE WEBSITE CANNOT COMPLETELY ANTICIPATE YOUR SITUATION, AND SHALL NOT CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, REGARDLESS OF ANY OMISSION OR INACCURACY OF INFORMATION CONTAINED ON BROWNELLS.COM.
Also please note that certain of our products require you to be at least 18 or 21 years of age and/or hold certain licenses to purchase and if you enter into any online shopping transactions on the Website, you agree that you are of legal age and have all necessary authority to enter into and bind yourself under any agreements made on the Website.
User Contributions
The Website may contain interactive features that allow you to post, submit, publish, display or transmit to other users (hereinafter "post") content or materials (collectively, "User Contributions") on or through the Website. Any User Contribution you post to the Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant Brownells the license granted in this paragraph. You represent and warrant that all of your User Contributions do and will comply with these Terms of Use, and you agree to defend, indemnify and hold harmless the Brownells Parties and their licensors from any breach of this representation and warranty. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Brownells, have full responsibility for the legality, reliability, accuracy, and appropriateness of such content. Any content and/or opinions submitted to the Website, and all articles and responses to questions and other content, other than the content provided by Brownells, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of the Brownells Parties . We are not responsible or liable to any third party for the content or accuracy of any materials posted by you or any other user of the Websites. We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right, threatens the personal safety of users of the Website and the public or could create liability for the Brownells Parties.
- Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
- Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Websites. YOU WAIVE AND HOLD HARMLESS THE BROWNELLS PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BROWNELLS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BROWNELLS OR LAW ENFORCEMENT AUTHORITIES. Further, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this paragraph.
Site Content
Liability
Brownells assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Website or your downloading of any materials, data, text, images, video, or audio from the Website.
Content Ownership
All right, title and interest in the Website and any content contained herein is the exclusive property of Brownells, except as otherwise stated. The trademarks, logos, and service marks displayed on the Websites (collectively the "Trademarks") are the trademarks of Brownells or their respective third-party owners. Under no circumstances may you alter, modify, or change these Trademarks. You are prohibited from using the Trademarks for any purpose without the written permission of Brownells or such third party, which may own the Trademarks.
All content included in or made available on the Website, including but not limited to text, graphics, logos, button icons, images, compilations, data compilations, and software is the property of Brownells or its content suppliers and protected by United States and international copyright laws.
External Source
The Website may contain links to other websites operated by third parties other than Brownells. Such links are provided for your convenience only. Brownells does not control such websites and is not responsible for their content. The fact that the Website contains links to sites operated by third parties other than Brownells does not mean that Brownells approves of, endorses or recommends those sites, nor does it imply any association with their operators. Your linking to any other off-site pages or other sites is at your own risk. Brownells disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site and disclaims all responsibility for any loss, injury, claim, liability or damage of any kind resulting from any third party websites or content therein directly or indirectly accessed through links in the Website.
By accessing the Website, you agree that the laws of the State of Iowa, without regard to the conflict of laws and principles thereof, will apply to all matters relating to the use of the Website. You also submit to the personal jurisdiction of the State of Iowa and the venue of the state and federal courts in the State of Iowa.
External Source
Brownells may at any time revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use to which you are bound. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.
The illegality or unenforceability of any provision of these Terms of Use shall not affect the validity and enforceability of any legal and enforceable provisions of these Terms of Use.
Exportation Regulations
In an effort to comply with US export regulations and ensure appropriate end-use, end-user or ultimate country of destination in purposed transactions, it is Brownells’ general policy to not ship to freight forwarders and Brownells reserves the right to cancel any order going to a freight forwarder without notice to the customer. However, we would be happy to work with you in arranging appropriate delivery to your ultimate destination. For questions please email international@brownells.com. Additionally, you, and any shipments, must comply with all U.S. export or other export laws that may apply to any of the products offered for sale on the Website.
Brownells Mobile Terms & Conditions
Brownells offers its customers mobile alerts regarding sale promotions, event information, product launch announcements, cart reminders by SMS message (the "Service") on text JOIN or our other keywords to 556223. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.
Signing Up and Opting-In to the Service
Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. Brownells reserves the right to stop offering the Service at any time with or without notice.
By opting into the Service, you:
- Authorize Brownells to use auto dialer or non-auto dialed technology to send recurring text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
- Acknowledge that you do not have to agree to receive messages as a condition of purchase.
- Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
- Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please contact us at customersupport@brownells.com or call 800-741-0015. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.
Content You May Receive
Once you affirm your choice to opt-in to the Service on 556223, your message frequency may vary. You may receive alerts about:
- Sale promotions
- Event information
- Product launch announcements
- Cart reminders
Charges and Carriers
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.
Supported carriers are AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Brownells may add or remove any wireless carrier from the Service at any time without notice. Brownells and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
To Stop the Service
To stop receiving text messages from Brownells, text the word STOP to 556223 any time or reply STOP to any of the text messages you have received from Brownells. For Services operated through a different number, text STOP to that number to opt out. Your opt-out request may generate either a confirmation text or a texted request to clarify the text message program to which it applies (if you have more than one). To complete your opt-out, please provide the requested clarification. You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Brownells and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Brownells through any other programs you have joined until you separately unsubscribe from those programs. These Terms still will apply if you withdraw the consent mentioned above or opt out of the Service.
Questions
You can text HELP for help at any time. This will provide you a link to the terms and conditions along with a phone number to call for assistance. You can also contact us at customersupport@brownells.com or call 800-741-0015.
Changes to Terms
These Mobile Terms and Conditions are subject to change at any time without notice.
