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Terms and Conditions

Last updated: 3/10/2022

This Terms of Use Agreement (“Agreement”) governs your use of M*CARBO’s website and its associated content (collectively, “Website”), which is owned and operated by American Safety Equipment, INC d/b/a M*CARBO, a corporation organized under the laws of the State of Florida (“M*CARBO”). This Agreement and the terms contained herein are subject to change by M*CARBO at any time, in its sole and absolute discretion, and without notice. Therefore, you are instructed to review the terms of this Agreement prior to using the Website. If you do not agree to the terms and conditions contained within this Agreement, you must discontinue your use of the Website immediately. Your continued use of the Website after a replacement, modification, or amendment of the terms of this Agreement will constitute your manifestation of assent to, and agreement with, any replacement, modification, or amendment herein.

By using the Website, you represent that you are over the age of 18. M*CARBO does not permit those under 18 to use the Website.

You are also instructed to review M*CARBO’s Privacy Policy before using the Website, and M*CARBO incorporates its Privacy Policy as if fully restated herein.

NOTICE OF ARBITRATION: THIS TERMS OF USE AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER. EXCEPT AS OTHERWISE STATED UNDER THE TERMS OF THIS AGREEMENT, AND IF YOU DO NOT OPT-OUT OF ARBITRATION AS SET FORTH BELOW, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND M*CARBO WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.

1. Acceptable Use of the Website

    When you use the Website, you agree to use it only for its customary and intended purposes and as permitted by the terms of this Agreement and any applicable law, regulation, statute, or ordinance. Additionally, you agree that you are responsible for any breach of your obligations under the terms of this Agreement and for any losses suffered by M*CARBO for such a breach, including, but not limited to, monetary damages. You are expressly prohibited from using the Website to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from:

    • Attempting to access the Website other than through a standard web browser unless you have been permitted to do so by M*CARBO through a separate, written agreement;
    • Accessing or attempting to access the Website through automated means;
    • Circumventing the technological protection measures of the Website;
    • Disrupting or otherwise interfering with the Website or its associated servers or networks;
    • Scraping, reproducing, republishing, selling, reselling, duplicating, or trading the Website;
    • Diverting or attempting to divert customer of the Website to another website or service;
    • Sending unsolicited or unauthorized communications to users of the Website or third parties;
    • Reverse engineering, decompiling, translating, or disassembling the Website or its content; and
    • Encouraging or assisting any other party to do anything in violation of the terms of this Agreement.

    M*CARBO reserves the right to modify, amend, or terminate the Website or its associated content at any time and without prior notice. M*CARBO also reserves the right to refuse service or access to the Website to any person or business entity at any time and without notice.

    2. License to Use and Content

      You acknowledge and agree that the Website is the property of or is licensed by M*CARBO and is protected under United States and international law, including, but not limited to, intellectual property laws and other personal and proprietary rights. You acknowledge and agree that your use of the Website is limited by the license granted under the terms of this Agreement, and you expressly agree that you will not use the Website in any manner not expressly authorized under the terms of this Agreement. M*CARBO reserves all rights not expressly granted through this Agreement.

      M*CARBO provides you with a limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty free license to use the Website for its customary and intended purposes. You are expressly prohibited from reproducing, preparing derivative works of, distributing copies of, publicly performing, and publicly displaying the Website.

      When using the Website, you grant M*CARBO an irrevocable, perpetual, sublicensable, transferable, non-exclusive, and royalty-free worldwide right and license to use, copy, modify, adapt, publish, transmit, perform, create derivative works from, and display publicly throughout the world and in any medium or form now existing or later created any content that you submit to the Website. You expressly agree that M*CARBO may use this content for any purpose and that the use or republication of this content will be at M*CARBO’s discretion and without compensation or attribution of any kind.

      Further, M*CARBO has the right, but not the obligation, to edit, monitor, analyze, append, remove, or refuse any content submitted by you to the Website. M*CARBO takes no responsibility for and assumes no liability for any content that you submit to the Website, and you are solely responsible for any content that you submit to the Website.

      You understand and agree that M*CARBO provides the Website as a service and will not be held liable for and takes no responsibility for any interactions by and between users of the Website. You understand and agree that M*CARBO’s and its Website are an interactive computer service as those terms are defined under Section 230 of the Communications Decency Act and that M*CARBO cannot be held liable for any commercial or personal torts in its role as a publisher of information provided by third parties. Though M*CARBO may edit, remove, or control the content submitted to and displayed through the Website by third parties, it will not be held liable for that content. The Website may contain links to third-party websites. The inclusion of such links does not imply approval or endorsement of the linked site by M*CARBO.

      3. Registered Accounts

      When using the Website, M*CARBO may provide you with the ability to register an account, which may allow you to obtain additional access to the Website, review your order history, and receive updates on your orders (“Account”). To register for an Account, you must provide M*CARBO with certain personal information, including your name, email address, and password. You warrant and agree that any information that you provide in association with your registration or use of an Account will be accurate, current, and complete.

      You acknowledge and agree that you control access to your Account. Your Account may only be used by you or by third parties with your express written consent. M*CARBO will not be held responsible or liable for any unauthorized access to your Account, and you are under a continuing duty to promptly provide M*CARBO with notice of any unauthorized or unusual access to your Account. You are advised to keep the username and password associated with your Account secure and secret. By creating an Account and providing your personal information to M*CARBO, you acknowledge and agree that M*CARBO may use your personal information to contact you.

      M*CARBO reserves the right to suspend or terminate your Account at any time and in its sole and absolute discretion, including, but not limited to, for a violation of any term or condition of this Agreement.

      4. Orders and Payment

      Each order submitted to M*CARBO through the Website is an offer to M*CARBO to buy the product(s) listed in the order. When you place an order to purchase a product through the Website, M*CARBO will send you an email confirming receipt of your order. Your receipt of this email confirms that you have placed an order, and you understand and agree that this email does not constitute M*CARBO’s acceptance of your order. No order will have been deemed to have been accepted by M*CARBO until the product(s) contained within the order is shipped by M*CARBO to you.

      Payment for all orders placed through the website must be made at the time of ordering. You agree that you will pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website or purchase of goods through the Website. All costs and fees are quoted and payable in United States Dollars and you acknowledge and agree that M*CARBO is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or by M*CARBO’s payment processor. You agree that you will not initiate any chargebacks to M*CARBO unless otherwise authorized by M*CARBO in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against M*CARBO.

      For wholesale accounts, you understand and agree that a minimum purchase of $300 will apply to your first order, however, there is no minimum for subsequent orders. You understand and agree that custom orders may cause a delay in shipping or may be subject to additional, non-published fees. Should you have any questions concerning custom orders, please contact M*CARBO before ordering.

      Any incorrect billings must be reported within thirty (30) days of payment. If not reported within thirty (30) days of payment, M*CARBO will consider all claims incorrect pricing or other error waived.

      5. Product Pricing and Availability

      While M*CARBO strives to provide accurate prices for its products and to carry or have regular access to sufficient inventory, it is possible high volume or rare products are out of stock at the time of your order or that prices may not be accurately reflected on the Website. If this is the case, M*CARBO will contact you in a reasonable time frame to advise you of the issue. You understand and agree that the price or availability of a product displayed through the Website does not guarantee that the product will be in stock, sold at the listed price, or that your order can be immediately fulfilled by M*CARBO.

      6. Shipping

        Orders are normally processed and shipped the same day if order is placed before 12pm(EST) but can take up to three (3) business days to process in the event of a sale or promotion. M*CARBO may provide shipping via USPS, UPS, FEDEX, or other providers.  All prices are Free Carrier (F.C.A.) and risk of loss and title passes to you upon delivery to the carrier.

        Any damaged or incorrect shipments must be reported within fifteen (15) days of receipt. For damaged shipments, the original box and packaging must be kept until the carrier/shipper who delivered claims them unnecessary for any claim purpose. If not reported within fifteen (15) days of receipt, M*CARBO will consider all claims of damage, defect, or other error waived. All shipment fees incurring from refused products shall be paid by you and will not be chargeable to M*CARBO.

        Shipping charges are based on the monetary amount of your order and the shipping destination. All shipments will be made consistent with M*CARBO’s then in force shipping and handling policy, which is hereinafter incorporated by reference and may be changed at any time and within M*CARBO’s sole and absolute discretion.  Shipping and Handling Policy.

        7. Order Cancellation

        We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to goods availability, errors in the description or prices for goods, or errors in your order. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

        8. Returns and Refunds

        Any goods you purchase can only be returned in accordance with these Terms and Conditions and our Return and Refund Policy. Our Return and Refund Policy forms a part of these Terms and Conditions. Please read our Return and Refund Policy to learn more about your right to cancel your order.

        Your right to return an order only applies to goods that are returned in the same condition as you received them. You should also include all of the product(s) instructions, documents and wrappings. Goods that are damaged or not in the same condition as you received them, or which are worn simply beyond opening the original packaging, will not be refunded. You should therefore take reasonable care of the purchased goods while they are in your possession.

        We will reimburse you no later than 14 days from the day on which we receive the returned goods. We will use the same means of payment as you used for the order, and you will not incur any fees for such reimbursement.

        You will not have any right to return or cancel an order for the supply of any of the following goods:

        • The supply of goods made to your specifications or clearly personalized.
        • The supply of goods which, according to their nature, are not suitable to be returned, deteriorate rapidly, or where the date of expiry is over.
        • The supply of goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
        • The supply of goods which are, after delivery, according to their nature, inseparably mixed with other items.
        • The supply of digital content which is not supplied on a tangible medium if the performance has begun with your prior express consent, and you have acknowledged your loss of cancellation right.

        9. Abandoned Firearms Agreement for Gunsmith Repair Services

        A customer will be notified multiple times via email and phone that a firearm is completed or that it has been received in store, and the customer will have 30 days to pick up or provide shipping information for their firearm and/or merchandise after the service is completed.

        After 30 days, the customer will be assessed a $10/day storage fee until the firearm and/or merchandise is picked up or the value of the firearm or cost of labor has been collected.

        Once the storage fees exceed the cost of labor and/or value of the firearm, the firearm will be considered abandoned.

        Once the firearm is considered abandoned, the customer will be contacted one final time via certified mail; considered the final notice. After 10 calendar days the firearm will be put on the website for resale.

        10. Trademarks

          You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on the Website by M*CARBO, including but not limited to M*CARBO, are common law or registered trademarks owned by or licensed to M*CARBO. You are expressly prohibited from using the trademarks of M*CARBO to cause confusion in, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of your goods or services. You are further prohibited from using the trademarks of M*CARBO in domain names, in keyword advertisements, to trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are the property of their respective owners.

          11. DMCA Notice and DMCA Procedure for Copyright Infringement Claims

            You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

            • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
            • A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
            • Identification of the URL or other specific location on the Website where the material that you claim is infringing is located;
            • Your address, telephone number, and email address;
            • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
            • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

            You can contact our copyright agent via email at help@mcarbo.com. Upon receipt of a notification, M*CARBO will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Website.

            12. Product Warranties

            Any warranties provided for products sold through the Website are provided by their respective manufacturers. M*CARBO does not express or imply, and specifically disclaims, any direct warranty on items that are manufactured by a third party. All such warranties are the responsibility of the third-party manufacturer.

            13. Term and Termination

            The term of this Agreement will begin upon your first accessing of the Website and will continue until the earlier of the following: (i) M*CARBO terminates your access to the Website; or (ii) you cease using the Website and terminate your Account. M*CARBO reserves the right to terminate the Website or your access to the Website in its sole and absolute discretion and without prior notice.

            14. Disclaimer of Warranties and Limitation of Liability

            YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT M*CARBO WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS, AND ATTORNEYS' FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT M*CARBO’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE WEBSITE OR $1000, WHICHEVER IS LESS.

            M*CARBO EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY DAMAGE, INJURY, HARM, COST, EXPENSE, OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF PRODUCTS PURCHASED THROUGH THE WEBSITE. EXCEPT FOR THE WARRANTIES SPECIFICALLY STATED IN THIS AGREEMENT, PRODUCTS PURCHASED THROUGH THE WEBSITE ARE PROVIDED WITHOUT EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.

            M*CARBO WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, PERSONAL INJURY, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF PRODUCTS PURCHASED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TO PROPERTY, DEATH, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE. YOU ACKNOWLEDGE THAT YOUR USE OF PRODUCTS PURCHASED THROUGH THE WEBSITE IS AT YOUR SOLE RISK AND THAT M*CARBO’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID FOR THE PRODUCTS OR $1000, WHICHEVER IS LESS.

            15. Indemnification

            You agree to indemnify, defend, and hold harmless M*CARBO, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, including, but not limited to, costs and attorneys’ fees, arising out of or related to (i) your use of the Website, (ii) your purchase of products through the Website; (iii) your use or misuse of products obtained through the Website; (iv) your violation of any term or condition of this Agreement; (v) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (vi) your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international. Your obligation to defend M*CARBO will not provide you with the ability to control M*CARBO’s defense, and M*CARBO reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.

            16. Choice of Law and Stipulation to Jurisdiction

            You and M*CARBO agree that any dispute arising out of or related to this Agreement or your use of the Website, including, but not limited to, your purchase or use of products from or through the Website, will be governed by the laws of the State of Florida, without regard to its conflict of laws rules. Specifically, the validity, interpretation, and performance of this Agreement will not be governed by the United Nations Convention on the International Sale of Goods. Except for claims for injunctive relief by either party, you and M*CARBO agree that any dispute or controversy arising out of, in relation to, or in connection with this Agreement or your use of the Website including, without limitation, any and all disputes, claims (whether in tort, contract, statutory, or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of this Agreement, will be resolved by final and binding arbitration pursuant to the Federal Arbitration Act in Tampa Bay, Florida or, at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by the American Arbitration Association (“AAA”) under the then in force Commercial Arbitration Rules by one arbitrator appointed in accordance with such rules. Such arbitration will be independent and impartial. If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of the arbitration hereunder, AAA will appoint the arbitrator.

            This arbitration will be conducted in the English language. The decision of the arbitrator will be final and binding on the parties and judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section will prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.

            ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PURCHASE OR USE OF PRODUCTS FROM OR THROUGH THE WEBSITE, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND YOU AND M*CARBO EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.

            Any claims must be brought within one year of each applicable invoice or will otherwise be barred.

            17. Force Majeure

            M*CARBO will not be responsible for any delay or failure in performance of the Website or its associated products arising out of any cause beyond M*CARBO’s control, such as acts of God, war, riots, fire, terrorist attacks, pandemics, power outages, severe weather, or other accidents.

            18. Survivability

            The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement, your Account, or the Website, including, but not limited to, your duty to indemnify and defend M*CARBO.

            19. Interpretation

              This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.

              20. Assignment

              You are expressly prohibited from assigning your rights and duties under this Agreement. M*CARBO reserves the right to assign its rights and duties under this Agreement, including in a sale of M*CARBO or its Website.

              21. Waiver and Integration

              No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties.