EPIC SHOTSHELL LLC
TERMS AND CONDITIONS OF PURCHASE, ASSUMPTION OF RISK, RELEASE, AND ARBITRATION AGREEMENT
PLEASE READ THESE TERMS CAREFULLY BEFORE PURCHASING OR USING ANY EPIC SHOTSHELL LLC PRODUCT. THESE TERMS CONTAIN IMPORTANT LEGAL PROVISIONS, INCLUDING AN AGREEMENT TO BINDING INDIVIDUAL ARBITRATION, A WAIVER OF JURY TRIAL, A CLASS-ACTION WAIVER, AN ASSUMPTION OF RISK, RELEASE OF CLAIMS, WARRANTY DISCLAIMERS, AND LIMITATIONS OF LIABILITY.
By purchasing, ordering, accepting delivery of, possessing, transferring, or using any ammunition or other product sold by Epic Shotshell LLC ("Epic," "Epic Shotshell," "Company," "we," "us," or "our"), the purchaser and user ("Purchaser," "User," or "you") acknowledges that they have read, understood, and agreed to these Terms and Conditions to the fullest extent permitted by applicable law.
1. AGE, IDENTITY, AND LEGAL ELIGIBILITY
By purchasing any product from Epic Shotshell LLC, you represent and warrant that you are of lawful age to purchase and possess the product under all applicable federal, state, and local laws and that you are not prohibited from purchasing, receiving, possessing, transporting, or using ammunition.
You are solely responsible for determining and complying with all laws applicable to your purchase, possession, transportation, storage, transfer, and use of Epic products.
Epic reserves the absolute right to refuse or cancel any order when Epic reasonably believes that completing the transaction may violate applicable law or Company policy.
2. INHERENT RISK AND ASSUMPTION OF RISK
AMMUNITION AND FIREARMS ARE INHERENTLY DANGEROUS PRODUCTS. THEIR USE CAN RESULT IN SERIOUS BODILY INJURY, PERMANENT DISABILITY, PROPERTY DAMAGE, OR DEATH.
By purchasing, possessing, handling, loading, transporting, storing, transferring, or using an Epic product, you knowingly and voluntarily acknowledge and assume all inherent and reasonably foreseeable risks associated with ammunition and firearm use.
These risks include, without limitation, firearm malfunction, ammunition malfunction, excessive or unexpected pressure, recoil, ricochet, projectile fragmentation or deflection, hearing damage, eye injury, firearm damage, property damage, accidental discharge, improper storage, improper handling, improper firearm maintenance, use of an incorrect ammunition type, environmental conditions, and the acts or omissions of the Purchaser, User, or third parties.
You agree that you are solely responsible for determining that the ammunition selected is appropriate and compatible with the firearm in which it will be used.
3. SAFE AND LAWFUL USE
The Purchaser and User agree to inspect all ammunition and packaging before use and to follow all firearm-manufacturer instructions, warnings, ammunition markings, applicable laws, and generally accepted firearm-safety practices.
Never use ammunition of an incorrect gauge, chamber length, cartridge type, or specification for a firearm.
If ammunition appears damaged, altered, corroded, improperly assembled, or otherwise abnormal, discontinue use and contact Epic Shotshell before attempting to fire it.
4. NO MODIFICATION OR RELOADING
Epic ammunition is sold as a finished product.
The Purchaser assumes all risks associated with dismantling, modifying, altering, reloading, remanufacturing, or otherwise changing Epic ammunition.
To the fullest extent permitted by law, Epic disclaims responsibility for damages arising after ammunition has been altered, modified, improperly stored, improperly transported, improperly handled, or used contrary to instructions or applicable law.
5. RELEASE AND LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, the Purchaser and User knowingly and voluntarily release and discharge Epic Shotshell LLC and its past, present, and future members, owners, officers, managers, employees, agents, representatives, affiliates, contractors, distributors, dealers, successors, and assigns ("Released Parties") from claims arising from risks assumed by the Purchaser or User or from misuse, improper handling, improper storage, unauthorized alteration, incompatible firearm use, failure to follow warnings or instructions, or acts or omissions of third parties.
Nothing in these Terms is intended to waive, disclaim, release, or limit a liability that applicable law does not permit to be waived, disclaimed, released, or limited.
6. LIMITATION OF DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Epic and the Released Parties shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from the purchase, possession, handling, transportation, storage, transfer, or use of Epic products.
Where applicable law prohibits or restricts a particular limitation of damages—including certain limitations involving personal injury or consumer goods—the limitation shall apply only to the maximum extent legally enforceable.
7. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRODUCTS ARE PROVIDED "AS IS" AND "WITH ALL FAULTS," EXCEPT FOR ANY EXPRESS WRITTEN WARRANTY SPECIFICALLY PROVIDED BY EPIC SHOTSHELL LLC.
EPIC DISCLAIMS ALL IMPLIED WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
No oral statement by an employee, dealer, distributor, representative, influencer, field tester, or other person modifies these Terms or creates a warranty unless expressly authorized by Epic in writing.
This language should be conspicuously displayed because UCC rules generally require a written merchantability disclaimer to mention "merchantability" and require exclusions of merchantability/fitness warranties to be conspicuous. Also be careful about marketing claims elsewhere on the site: factual promises or product descriptions can themselves create express warranties in some circumstances.
8. INDEMNIFICATION
To the maximum extent permitted by applicable law, Purchaser agrees to defend, indemnify, and hold harmless the Released Parties from third-party claims, damages, losses, liabilities, judgments, costs, and reasonable attorneys' fees arising from the Purchaser's or User's unlawful use, misuse, negligent handling, improper storage, unauthorized modification, transfer, resale, or use of an Epic product contrary to product warnings or firearm-manufacturer instructions.
This provision does not require indemnification to the extent prohibited by applicable law.
9. BINDING INDIVIDUAL ARBITRATION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Except for disputes that applicable law prohibits from being arbitrated and any eligible individual claim brought in small-claims court, you and Epic agree that any dispute, claim, or controversy arising out of or relating to your purchase, transaction, these Terms, an Epic product, advertising, representations, warranties, use or alleged misuse of a product, or the relationship between you and Epic shall be resolved through final and binding arbitration rather than in court.
This includes, to the maximum extent permitted by law, claims sounding in contract, warranty, tort, negligence, strict liability, product liability, misrepresentation, statutory claims, and claims seeking legal or equitable relief.
The arbitration agreement shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1–16, to the extent applicable.
The arbitration shall be administered by the American Arbitration Association ("AAA") pursuant to the applicable AAA Consumer Arbitration Rules, as modified by these Terms to the extent permitted.
The arbitrator may award any remedy available to the individual claimant under applicable law but may award relief only to the extent necessary to resolve that individual's claim.
10. WAIVER OF JURY TRIAL
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND EPIC KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO HAVE A DISPUTE COVERED BY THE ARBITRATION AGREEMENT DECIDED BY A JUDGE OR JURY.
The arbitrator, rather than a judge or jury, will resolve such disputes.
11. CLASS-ACTION AND REPRESENTATIVE-ACTION WAIVER
YOU AND EPIC AGREE THAT ALL COVERED CLAIMS SHALL BE BROUGHT AND RESOLVED ONLY ON AN INDIVIDUAL BASIS.
To the maximum extent permitted by law:
YOU WAIVE THE RIGHT TO COMMENCE, JOIN, PARTICIPATE IN, OR RECEIVE RELIEF FROM ANY CLASS ACTION, COLLECTIVE ACTION, MASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE PROCEEDING AGAINST EPIC OR ANY RELEASED PARTY.
Neither party may act as a class representative or private representative on behalf of other purchasers or users.
Unless both parties expressly consent in writing, the arbitrator shall have no authority to consolidate the claims of multiple persons or conduct any class, collective, mass, consolidated, or representative proceeding.
Individual arbitration and class-action waivers are commonly paired; court filings applying FAA-governed arbitration provisions illustrate agreements expressly requiring individual arbitration and prohibiting class/collective proceedings.
12. PRE-DISPUTE NOTICE AND INFORMAL RESOLUTION
Before initiating arbitration, the claimant shall provide Epic written notice describing the claimant's name and contact information, order number if applicable, relevant facts, legal basis for the claim, and requested relief.
The parties shall have 60 days after receipt of a complete notice to attempt in good faith to resolve the dispute informally before arbitration is filed, unless applicable law requires otherwise.
The applicable statute of limitations shall be tolled during this 60-day informal-resolution period to the extent required by law.
13. GOVERNING LAW
Except to the extent governed by the Federal Arbitration Act or preempted by federal law, these Terms shall be governed by the laws of the State of [INSERT EPIC'S STATE OF FORMATION/PRINCIPAL PLACE OF BUSINESS], without regard to conflict-of-laws principles, subject to any mandatory consumer-protection law that cannot lawfully be waived.
I would not fill this state in without confirming Epic's legal domicile.
14. SEVERABILITY AND SURVIVAL
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision shall be enforced to the maximum extent permitted by law and, where legally permissible, severed without affecting the enforceability of the remaining provisions.
The arbitration agreement, class-action waiver, assumption-of-risk provisions, warranty provisions, limitation-of-liability provisions, indemnification obligations, and other provisions that by their nature should survive shall survive completion, cancellation, refund, delivery, or termination of the transaction.
15. NO WAIVER
Epic's failure to enforce any provision of these Terms on one occasion shall not constitute a waiver of Epic's right to enforce that provision or any other provision in the future.
16. ENTIRE AGREEMENT
These Terms, together with any product-specific written warranty, return policy, privacy policy, shipping restrictions, and other terms expressly incorporated by reference, constitute the agreement governing the transaction.
If a product-specific written warning conflicts with these general Terms regarding safe handling or use, the more restrictive safety requirement shall control.
17. ELECTRONIC ACCEPTANCE
BY SELECTING "I AGREE," "ACCEPT TERMS," "PLACE ORDER," OR A SUBSTANTIALLY SIMILAR CHECKOUT CONTROL AFTER BEING PRESENTED WITH A CONSPICUOUS LINK TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS, INCLUDING THE BINDING ARBITRATION AGREEMENT, JURY-TRIAL WAIVER, CLASS-ACTION WAIVER, ASSUMPTION OF RISK, WARRANTY DISCLAIMERS, AND LIMITATIONS OF LIABILITY.
