Terms and Conditions
These Terms and Conditions (“Terms”, “Terms and Conditions”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Neoteric Arms LLC (“Neoteric Arms“, “us”, “we”, or “our”) concerning your purchase of the online training program we offer regarding gun safety protocols (the “Service”).
- The Service : A description of the Service is available on our website. We will provide the Service with reasonable care and skill in accordance with this description. We reserve the right to vary or withdraw the Service or prices described on the website in our sole discretion and without prior notice.
The Service consists of an online training program with different modules. You can watch the training videos as many times as you want. After following the online course, you can take a written test. The test will be successfully completed if you receive a 100% score. You can retake the test as many times as you want. After successful completion of the test you will obtain a certificate of gun competence from Neoteric Arms. If you want to apply for a Virginia concealed carry weapon (CCW), you can submit this certificate with your application. You understand that a concealed carry weapon is issued by the Virginia State, not by Neoteric Arms.
We do not make any guarantee to you that you will obtain a government permit, license or any other particular result from your purchase and possible completion of the Service.
- Your Representations and Warranties : The Service is only available to persons that are 21 years or older. By agreeing to these Terms, you are confirming that you are at least 21 years old.
You may use the Service only for your own purposes. You may not use the Service as a service for any third party, unless Neoteric Arms has expressly authorized you to do so.
You represent and warrant to Neoteric Arms that:
- you are solely responsible for all activities that occur under your account or password;
- you will immediately notify Neoteric Arms of any unauthorized use of your account or any other breach of security known to you;
- you will not use abusive, bullying, offensive, threatening, libelous, defamatory, harassing language or act in a fraudulent, deceptive or misleading manner;
- you will not use the Service in connection with any commercial endeavors, except those that are specifically endorsed or approved by us;
- you are not ineligible or were not ineligible to possess a firearm pursuant the laws of the United States less than five years before the date that you purchased the Service;
- you are not subject to a restraining order or to a protective order and thereby prohibited from purchasing or transporting a firearm under the laws of the United States;
- you are not legally incompetent or mentally incapacitated and thereby prohibited from possessing or transporting a firearm under the laws of the United States;
- you have not been convicted of two or more misdemeanors other than traffic infractions or reckless driving less than five years before the date that you purchased the Service;
- you are not addicted to, or an unlawful user or distributor of, marijuana or any controlled substance;
- you are not a habitual drunkard and you have not been convicted of driving a motor vehicle, engine or train while intoxicated, or of public drunkenness, or of a substantially similar offense under the laws of the United States, less than three years before the date that you purchased the Service;
- you are not an alien other than an alien lawfully admitted for permanent residence in the United States;
- you are not an individual who has been discharged from the Armed Forces of the United States under dishonorable conditions;
- you are not a fugitive from justice;
- you are not an individual who the court finds is likely to use a weapon unlawfully or negligently to endanger others;
- you are not an individual who has been convicted of any assault, assault and battery, sexual battery, unlawful discharging of a firearm or unlawful brandishing of a firearm less than three years before the date that you purchased the Service;
- you are not an individual who has been convicted of stalking;
- you are not an individual who has a felony charge pending or a charge pending for an offense listed under o. or p.;
- you are not an individual whose previous convictions or adjudications of delinquency were based on an offense which would have been at the time of conviction a felony if committed by an adult under the laws of the United States or its territories;
- you are not an individual who has received mental health treatment or substance abuse treatment in a residential setting less than five years before the date that you purchased the Service;
- you are not an individual who was found guilty of any criminal offense of illegal possession or distribution of marijuana or any controlled substance, or with respect to whom the trial court found that the facts of the case were sufficient for a finding of guilt and disposed of the case by placing you on probation upon terms and conditions under the laws of the United States less than three years before the date that you purchased the Service.
We reserve the right to monitor the Service for violations of the foregoing, as well as to take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities.
Neoteric Arms may, at its own discretion, immediately terminate disable your access to the Service if we believe in our sole discretion that you have made use of the Service in violation of the foregoing or of any other terms of these Terms and Conditions.
Neoteric Arms assumes no responsibility of notifying you of (the reason of) any such action and it shall have no liability to you or any third party because of any such action.
- Payment : Payment can be made via PayPal ’s secure online payment process, by credit card (Visa, Mastercard and American Express) or by bank account transfer. Any charges incurred for the payment are your responsibility.
After full payment has been received by Neoteric Arms, you will receive access to the online training program. After you have received access to the course, all payments previously made are non-refundable, whether or not the training program was completed.
If you have not received access to the online training program yet, the payment already made by you may be refunded, to be decided at the sole discretion of Neoteric Arms, based on various considerations that may include the length of time that has passed since the purchase was made.
We reserve the right, in our sole discretion and without the need to give a reason, to refuse to accept an offer to purchase the Service. In that event we will return any payment made by you.
- Confidentiality : “Confidential Information” includes any information of a non-public, confidential or proprietary nature that may be disclosed in writing or in any other form. Confidential Information does not consist of information that is already generally available to the public, which is already in the receiving party’s possession prior to disclosure by the disclosing party or which is independently developed by the receiving party without the use of Confidential Information. Neither party will use or disclose the other party’s Confidential Information without the other’s prior written consent except for the purpose of performing its obligations under these Terms or if required by law, regulation or court order. Upon termination of this Agreement, the parties will promptly either return or destroy all Confidential Information and, upon request, provide written certification of such.
- Proprietary Rights : All Intellectual Property created and owned by Neoteric Arms and provided to you in connection with the Service under these Terms and Conditions, including but not limited to the audio and video of all online courses and course materials and other proprietary rights in or related to the Service, are and remain the sole property of Neoteric Arms or its licensors.
You may not copy, record, modify, reproduce, display, post, link, upload, sub-license or redistribute such material without our prior written consent. You may not modify, adapt, merge, translate, disassemble, decompile, reverse engineer any software forming part of the Service.
Breach by you of the foregoing shall allow us to immediately terminate these Terms and Conditions and cease to provide you with the Service, including but not limited to your access to the online course.
After complete payment and provided that you are eligible to use the Service, we grant to you a limited, non-transferable, non-exclusive license to access and use the Service for the sole purpose of your attending of the course.
Any access and use of the Service not expressly permitted in these Terms and Conditions is strictly prohibited and will constitute an infringement of either Neoteric Arm’s copyright or other intellectual property rights, and/or the copyright or other intellectual property rights of Neoteric Arm’s licensors.
- Disclaimer of Warranties :
Except as may be otherwise specifically provided herein, the Service is provided “AS IS” without warranty of any kind, whether express or implied.
To the fullest extent permissible pursuant by applicable law, Neoteric Arms, and its applicable licensors and service provider(s), expressly disclaim any and all warranties, conditions, representations, and guarantees with respect to the Service, whether express or implied, arising by law, custom, prior oral or written statements, or otherwise, including, without limitation, any warranty of merchantability, fitness for a particular purpose or noninfringement.
Neoteric Arms does not guarantee the accuracy of, and disclaims all liability for, any consequences of the use of the Service. You acknowledge and understand that Neoteric Arms does not warrant that the Service will be uninterrupted or error free and that defects will be corrected, or that the Service, the website or the server that makes the website available are free of viruses or other harmful components.
Neoteric Arms does not make any warranties or representations regarding the training materials in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. The Service is for training purposes only. No part of the provision of the Service shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of advice.
Under no circumstances will Neoteric Arms, its parents, subsidiaries, affiliates, officers, directors, shareholders, employees or our suppliers be liable for any loss or damage caused by a user’s reliance on information obtained through the Service. Use of the Service is at your sole risk. No information, whether oral or written, obtained by you from Neoteric Arms or through the Service shall create any warranty.
- Liability : Notwithstanding anything to the contrary in these Terms and Conditions, in no event shall Neoteric Arms and/or its affiliates, licensors, or suppliers be liable for any indirect, punitive, special, incidental or consequential, or any other damages of any kind (including damages for breach of contract, breach of warranty, tort including negligence, personal injury, death, loss of business, loss of profits, litigation, or otherwise), whether based on a claim or action of contract, warranty, negligence, strict liability, tort, breach of any statutory duty, indemnity or contribution, or otherwise, even if Neoteric Arms and/or its subsidiaries and affiliates has been advised of the possibility of such damages.
Notwithstanding the above, in no event shall the sole and entire maximum aggregate liability of Neoteric Arms, for any reason, and your sole and exclusive remedy for any cause whatsoever, exceed the amount paid by you.
The limitations of damages set forth above are fundamental elements of the price of the Service, which would be different without such limitations.
Nothing in these Terms and Conditions shall exclude or limit Neoteric Arms’ liability for any matter which may not be limited or excluded under the law.
- Indemnification : You shall indemnify and hold Neoteric Arms and its affiliates, and its and their officers, directors, employees, agents, licensors, and service providers (collectively, the “Indemnified Parties”) harmless from and against any claims, losses, damages, liabilities, costs or expenses of any nature (including reasonable attorney’s fees) commenced or prosecuted by any third party against the Indemnified Parties except arising from gross
negligence or willful misconduct of Neoteric Arms as determined by a court of competent jurisdiction by final and nonappealable judgment.
- Data Protection :
- Term and Termination : Either party to the Terms may terminate it at any time and for any reason. Upon any termination or expiration of this Agreement, Neoteric Arms will cease providing the Service. In the event of any termination you will not be entitled to any refund of paid fees and any unpaid payment obligations will be immediately due and payable in full.
On termination clause 4 (confidentiality), 5 (proprietary rights), 6 (disclaimer of warranties) 7, (liability), and 8 (indemnification) shall continue notwithstanding such termination.
- Miscellaneous :
These Terms and Conditions and policies or operating rules posted by us on the Service constitute the entire agreement and understanding between you and us and supersedes any prior statements or representations.
Your use of the Service shall be governed in all respects by the laws of the State of Virginia, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Service shall be in the state or federal courts located in the State of Virginia.
Any cause of claim you may have must be commenced within one (1) year after the claim or cause of action arises.
Our failure to exercise or enforce any right or provision of these Terms of Conditions shall not be construed as a waiver of any such right or provision. These Terms and Conditions operate to the fullest extent permissible by law.
Neither the course of conduct between the parties nor trade practice shall act to modify any of the terms as stated in these Terms and Conditions.
If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, invalid or unenforceable, that provision or part of the provision shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and shall not invalidate the validity and enforceability the remaining provisions of these Terms and Conditions which shall remain in full force and effect.
We may assign any or all of our rights and obligations to others at any time without notice to you. You may not assign, transfer or sub-contract all or any of its rights or obligations under these Terms of Conditions without our prior written consent.
You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
We reserve the right, at our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of the Terms and Conditions and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Service after the date such revised Terms are posted.
- CONTACT :In order to resolve a complaint regarding the Service, to receive further information regarding use of the Services or if you have any questions about these Terms, please contact us.
Email us at: firstname.lastname@example.org
Call us at: (951) 667-5900