When placing an order, all customers will be required to check a box agreeing to the statements and restrictions contained in Buying Ammo Online. These statements determine the customer’s ability to lawfully purchase ammunition online from Moylan LLC.
Assumption of Shipping Liability
While we do our best to ensure that your product reaches your door as quickly as possible, we simply cannot guarantee that the shipping carrier (Moylan LLC uses UPS for all shipping) will not damage or lose your product, or that after delivery that your product will not be stolen or damaged. Once your product is delivered to the address you have provided, you assume all responsibility for its safety and hereby explicitly release Moylan LLC from all liability and responsibility from that moment forward.
Release of Liability and Agreement to Indemnify and Defend
By placing an order with Moylan LLC, I understand, acknowledge, and agree that I as the purchaser alone is responsible for how the product the customer purchased from Moylan LLC is used by me and by any other party. I explicitly agree to release, hold harmless, indemnify, and pay to defend Moylan LLC and its owners, agents, officers, and employees against any resulting damages and/or civil liability or criminal prosecution arising from or related to the ammunition I have purchased, to include but not limited to the use of the product, the storage of the product, and the transportation of the product. In the event that any other party files a claim of any kind against Moylan LLC, I will indemnify and pay to defend Moylan LLC and its owners, agents, officers, and employees against any resulting civil liability or criminal prosecution.
In the event that a customer chooses to file a complaint against Moylan LLC or any of its owners, agents, officers, or employees, the customer or complainant agree that such a complaint must be filed within a court located in Cullman County, Alabama. The customer agrees that any complaints filed within any other jurisdiction shall be immediately removed to a court within Cullman County, Alabama and agrees to reimburse Moylan LLC and its owners, agents, officers, and employees for any costs they may each incur in defending against the complaint or effecting its removal until such time that the complaint is properly filed within a court located in Cullman County, Alabama.
I understand and acknowledge that Alabama law will govern exclusively: my purchase and use of any products from Moylan LLC; any information I receive from Moylan LLC; any legal action instituted against me by Moylan LLC; and any legal action that I institute, or that someone else institutes as a result of my actions, against Moylan LLC.
Class Action Waiver
The customer expressly agrees that any dispute resolution proceedings, including but not limited to, litigation, arbitration, and mediation, will be conducted only on an individual basis and not in a class, consolidated, or representative action. By making this express agreement, you acknowledge and affirm that this is a knowing, voluntary, and permanent waiver of any right to bring federal, state, or local claims as any part of, or on behalf of, any class or any other individuals, before a court or other tribunal.