Terms and Conditions for use of the US Ammo Exchange
Welcome to the website ammoexchange.com operated by USAE, LLC. These are the general terms and conditions for use of the US Ammo Exchange, hereinafter referred to as the "USAE". These terms and conditions regulate the contractual relationship between USAE and the natural and legal persons who are approved as users on the USAE (“Account Holder” or “User”).
USAE reserves the right to decline any account application, to terminate any account at any time, and to decline to provide any service, in each case at USAE’s sole discretion. As part of the termination process, USAE reserves the right to liquidate the Account Holder’s positions upon 30 days’ advanced notice to the Account Holder. The Account Holder understands and agrees to be responsible for the tax implications associated with USAE’s liquidation process.
To help the government fight the funding of terrorism and money laundering activities, USAE is required by Applicable Law to obtain, verify, and record information that identifies any person who opens an Account.
THE ACCOUNT HOLDER UNDERSTANDS THAT USAE RESERVES THE RIGHT TO AMEND, MODIFY, OR TERMINATE THIS AGREEMENT, INCLUDING THE FEE SCHEDULE, DISCLOSURES, AND SERVICES PROVIDED HEREUNDER, AT ANY TIME OR FROM TIME TO TIME IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND APPLICABLE LAW. WHILE USAE WILL ENDEAVOR TO PROVIDE 30 DAYS’ PRIOR NOTICE OF ANY SUCH AMENDMENT TO THIS USER AGREEMENT, THE ACCOUNT HOLDER UNDERSTANDS THAT, EXCEPT AS OTHERWISE INDICATED, ANY AMENDMENT TO THIS USER AGREEMENT WILL BE EFFECTIVE AS OF THE DESIGNATED EFFECTIVE DATE. THE ACCOUNT HOLDER ALSO UNDERSTANDS THAT BY CONTINUING TO MAINTAIN AN ACCOUNT, THE ACCOUNT HOLDER IS ACCEPTING THE TERMS OF THE ACCOUNT AGREEMENT AS AMENDED AND WILL BE LEGALLY BOUND BY SUCH AMENDED TERMS AND CONDITIONS.
Account Holder Affirmations
All Account Holders hereby swear and affirm that:
They are over the age of twenty-one (21)
That by purchasing or selling ammunition the USAE is not violating any state or local law or ordinance.
They are not under indictment for and have never been convicted in any court of a crime punishable by imprisonment for over one year
They are not a fugitive from justice
They have not been adjudicated as a mental defective and have not been committed to any mental institution
They are not an illegal or unlawful alien, and am not a nonimmigrant alien
They have never been and are not expected to be discharged from the Armed Forces under dishonorable conditions
They have not renounced their U.S. citizenship
They are currently not subject to a domestic violence restraining order of any kind
They have never been and are not expected to be convicted in any court of a misdemeanor crime of domestic violence
They will not conduct an unauthorized export of any defense articles
That they will only use any ammo delivered to them for its intended purpose and for the specific caliber that the ammo is designed to be used with
That they understand the only product warranty that they receive related to the purchase of ammo on the USAE is the ammo manufacturer’s warranty
Agreement to Indemnify and Defend for Misrepresentation
If any of the above statements are untrue, user agree to release, hold harmless, indemnify, and pay to defend USAE, LLC and its owners, parent companies, subsidiary companies, agents, officers, and employees against any resulting damages, including reasonable attorneys' fees, civil liability, or criminal prosecution.
Marketplace
The USAE is marketplace for legally allowed ammunition buyers and sellers. On its site, users can offer, sell and purchase small arms ammunition (hereinafter referred to as "ammo") that meet the needs of hunters and shooters. Offerings may not be ammo that violate statutory provisions and / or these terms and conditions. Although the USAE, LLC (or its affiliates) may or may not offer ammo for sale on the USAE, it shall instantaneously with every transaction buy from the seller and sell to the buyer so as to become a contractual partner for every transaction. The contracts are concluded exclusively between the users of this marketplace and the USAE. Unless otherwise agreed upon, the USAE is responsible for fulfilling the contracts that have come about.
Registration and use
In order to be able to use the USAE marketplace, a user must register. No one else is allowed to use the website. Registration itself is free. Upon registration, a contract for the use of the USAE website, hereinafter referred to as the "user agreement", is consummated between USAE, LLC and the user. The data provided by the user must be truthful and complete. If the data is changed, the user is obliged to correct it immediately. When registering, the user selects a username and password. The username must not violate the rights of third parties or against common decency. The password must be kept secret. The respective user is responsible for unlawful use its user account due to lost access data and therefore USAE is not liable. A user is free to open several user accounts. The user agrees to pay for all ammunition purchased for its Account.
Fees
Registering, placing bids, and offering ammo for sale on the USAE is free. However, unless waived by the USAE, the USAE charges a fee for selling ammo once it is sold, as well as a 2% platform use fees. In other words, if the use of the USAE leads to the conclusion of a sale with another user, a fee equal to two percent (2%) of the sales price is to be paid by the seller of the ammo. Fees are due for payment immediately and is made by direct debit. If a collection request fails, the user must reimburse USAE for the additional costs incurred.
Purchases
All orders for the purchase of ammo given for a user Account will be authorized by the Account Holder and executed in reliance that an actual purchase is intended. It is an Account Holder’s obligation to pay for purchases immediately or on USAE's demand.
Clearance of Transactions
Account Holders understand that the USAE carries their Account(s) and is responsible for the clearing and bookkeeping of transactions, but is not otherwise responsible. The USAE will deliver confirmations, statements, and all written or other notices with respect to Accounts directly to the Account Holder.
Review of Confirmations and Statements
Account Holders agree that it is their responsibility to review order execution confirmations and statements promptly upon receipt. They agree to receive all confirmations and account statements, as well as all tax related documents, in electronic format.
Erroneous Distributions
Account Holders agree to promptly return to USAE any assets erroneously distributed to them. In the event that an Account Holder receive a payment in error, they agree to direct USAE to pay such payment to the entitled purchaser of the ammo sold.
Payments and Withdrawals
Account Holder agrees that any payments from their Account will be lawful. They further agree that payments will be deducted from the available funds in their Account. USAE will debit Accounts only up to an amount equal to the Available Funds. If there are insufficient Available Funds in an Account to cover Payments when they become due, USAE has no obligation to make such Payments, and (ii) USAE has no obligation to make partial Payments. USAE will not charge a fee with respect to any declined Payment for which there were insufficient Available Funds. will not be responsible for any costs or losses incurred (including fees, costs, charges, attorneys' fees, investment losses, claims, demands, or liability resulting from any litigation or other actions) as a result of USAE's decision to decline any Payment or withdrawal or other transaction because an Account has insufficient Available Funds.
Accounts and Deposits
Account Holders represent and warrant that there are sufficient funds in any external Account to cover the amount of the deposit its Account. Account Holders acknowledge and agree that funds that they deposit to their Account may be subject to one or more hold periods. USAE accepts deposits to the corresponding user Account via wire transfer, debit or credit cards, or ACH. If such source is a credit card, an upfront fee of 3% is immediately charged. USAE may, as a matter of bookkeeping convenience, credit the Account with funds deposited to the Account as well as the proceeds from the sale, redemption, or other disposition of ammo. Account Holder agrees that such bookkeeping credits may also be reflected as “immediately available” or “same day” funds or by some other characterization. Notwithstanding any such credit or characterization, all such credits shall be conditional on USAE’s actual receipt of funds or final payment and may be reversed by USAE to the extent that final payment is not received.
If USAE, at its sole discretion, permits the Account Holder to use funds credited to the Account prior to receipt by USAE of final payment thereof, the Account Holder shall nonetheless continue to bear the risk of, and liability for, USAE’s nonreceipt of final payment in full; and to the extent that final payment in full for any Ammo delivered on any Business Day is not received by USAE by the close of business on such day, the Account Holder shall immediately on demand reimburse USAE for the amount so used in anticipation of final payment, plus interest thereon from and including the Business Day such final payment should have been received until such amount is repaid in full.
Funds received by USAE are subject to this Agreement. USAE reserves the right, at its sole discretion and without advance notice, to refuse certain types of additions of funds to the Account. USAE reserves the right to require the Account Holder to make requests for withdrawals from the Account in writing or to take other steps to verify the accuracy of withdrawal requests and the authorization of the party submitting instructions. The Account Holder understands that it is the Account Holder’s responsibility to ensure that the instructions and information the Account Holder provides to USAE in connection with any cash transfer are accurate
The Available Funds which are loaded on user’s Account are an obligation of the banking institution in which they are held and are insured by the Federal Deposit Insurance Corporation. The bank does not pay any interest on the funds loaded on or contained in the Account. The Account has a minimum balance requirement of $100. The amount of funds shown on the USAE’s records as being stored on the Account will determine the balance on the Account, unless user can support a different balance to our satisfaction.
There is no credit line associated with an Account. This means that there must be a sufficient balance of funds loaded on the Account at the time of a transaction to pay for the transaction otherwise the transaction shall be declined. In the event the USAE settles or pays a transaction with when there are insufficient funds stored on the Account to pay for the transaction, this will result in a negative balance on an Account and users agree to pay the USAE the amount of the negative balance. USAE reserves the right to recover the negative balance amount from an Account upon a loading of sufficient funds to satisfy that negative balance in one or more deposits to the Account.
Funds Transfers
By sending USAE any funds, the Account Holder authorizes USAE and its bank service provider to initiate such wire transfer, credit or debit card charge, or other acceptable means on the Account Holder’s behalf and to transmit payment instructions to the applicable bank to be credited to Account Holders Account. USAE may reject any transfer request at its sole discretion.
It is the Account Holder’s responsibility to ensure that the Account Holder’s transfer instructions are accurate before requesting that USAE initiate a transfer. A wire transfer request cannot be amended or cancelled after USAE receives it. USAE, at its sole discretion, may attempt to abide by a subsequent request for a change, but it is not obligated to do so.
If the Account Holder arranges for a transfer, the Account Holder is responsible for ensuring that such is initiated properly, is addressed properly to the Account, and bears appropriate instructions in exactly the form required by USAE for identification of the Account Holder and the Account. The Account Holder understands that any erroneous, mismatched, or incomplete identifying information on an incoming transfer may result in such transfer being rejected, lost, posted to an incorrect account, or returned to the originating bank without notice to the Account Holder.
The Account Holder agrees to indemnify and hold USAE harmless from any claims, losses, or damages caused by or related to any such transactions, or any errors or other issues with transmission.
Inactive Accounts/Escheatment
Inactive accounts and the escheatment process are governed by the unclaimed-property laws of the state of the last known address of the Account Holder.
To avoid escheatment of assets in the Account, the Account Holder must demonstrate activity in the Account or contact USAE at least once every 12 months. If the Account becomes inactive and the Account Holder does not reactivate the Account or respond to notification(s) regarding the status of the Account, state law requires USAE to deliver the assets as unclaimed property to the state of the Account Holder’s last known residence. If the Account Holder’s last known address is outside the United States, assets will be delivered to the state of incorporation for USAE. Once remitted, the assets will be held by the state for safekeeping in accordance with state regulations. The Account Holder will then need to contact the respective state agency to reclaim the property.
Liquidations and Disbursements of Assets
USAE may be required to liquidate or close out ammo in the Account to satisfy court orders, judgments, child support orders, garnishments, tax levies, tax withholding obligations, escheatment obligations, or other legal obligations. The Account Holder agrees to indemnify and hold USAE harmless from any claims, losses, or damages caused by or related to any such transaction.
Foreign Currency
USAE and its bank service provider may, at their discretion, refuse to accept any item payable in a foreign currency.
Maintenance of Ammo in Account
As security for the payment of any obligation owed to USAE or any of the USAE Entities, the Account Holder grants USAE a first priority lien on, continuing security interest in, and right of set-off to all Ammo that is held, carried, or maintained for any purpose in or through any of the Account Holder’s Accounts.
The Account Holder authorizes USAE to register any Ammo in the Account in the name the Account Holder. The ammo lawfully purchased and accurately displayed in an Account is solely owned by Account Holder and shall be reflected in USAE’s records. Without abrogating any of USAE’s rights under this Agreement, and subject to prior satisfaction of any indebtedness the Account Holder may have to the USAE and the payment of any applicable fees, the Account Holder is entitled to receive physical delivery of any Ammo from the Account in physical form upon initiating the shipping feature on the USAE and subject to paying the applicable shipping and delivery fees.
Satisfaction of Indebtedness
The Account Holder agrees to satisfy any obligations to USAE and to pay any debit balance in any of the Accounts on demand. If the Account Holder has a balance owed in an Account and the Account Holder owns an interest in any other account, USAE may, to the extent permitted by Applicable Law, effect a transfer or demand a distribution from such other account to cover any balance due to USAE without notice to the Account Holder. The Account Holder agrees that, on USAE’s written demand, the Account Holder will execute all documents necessary to effect a distribution from such other account and to cause such funds to be paid immediately to satisfy the Account Holder’s obligations to USAE. USAE’s rights under this paragraph are in addition to and with full reservation of USAE’s rights to take any additional action, including legal action, to recover any obligations the Account Holder may owe to USAE.
Liquidation and Remedies
The Account Holder understands that USAE, to the extent permitted by Applicable Law, may at any time and without giving the Account Holder prior notice, use, liquidate, and/or transfer any or all Ammo owned by an Account Holder and held for their benefit in their Account to satisfy any Obligations to USAE, however such obligations may have arisen. In the event of a breach or default by the Account Holder under this Agreement, USAE will have the rights and remedies available to a secured creditor under Applicable Law in addition to the rights and remedies provided in this User Agreement.
The Account Holder further agrees that if: the Account Holder defaults on any of its obligations under this Agreement; the Account Holder becomes bankrupt, insolvent, or subject to a similar condition or subject to any bankruptcy, reorganization, insolvency, or other similar proceeding; or USAE, at its discretion, deems it advisable for its protection, USAE may, at any time and without prior notice to the Account Holder: (i) cancel, terminate, accelerate, liquidate, and/or close out any or all agreements or transactions between the Account Holder and USAE or otherwise relating to the Account and calculate damages in a manner it believes appropriate; (ii) pledge, transfer, or sell any Ammo; or (iii) take any other action as USAE, at its discretion, deems appropriate with respect to any of the foregoing and apply the proceeds to the discharge of the Obligations. In pursuing the remedies available to it, USAE may, without limiting its rights under this paragraph, set-off amounts that the Account Holder owes to it against any amounts that it owes to the Account Holder, and the Account Holder will remain liable for any deficiency. In enforcing its rights hereunder, USAE may act at its discretion without regard to any tax or other consequences that the Account Holder may face as a result of such actions.
Self-Directed Acknowledgment
THE ACCOUNT HOLDER ACKNOWLEDGES THAT THE ACCOUNT HOLDER ALONE IS RESPONSIBLE FOR DETERMINING THE SUITABILITY OF THEIR PURCHASE AND SALE CHOICES IN LIGHT OF THEIR PARTICULAR CIRCUMSTANCES. THE ACCOUNT HOLDER UNDERSTANDS THAT USAE ASSUMES NO RESPONSIBILITY FOR SUCH DETERMINATION.
As a self-directed user, the Account Holder assumes full responsibility for each and every transaction in or for their Account and for their own decisions. The Account Holder understands and agrees that USAE has no liability whatsoever for the results of the Account Holder’s transactions and decisions.
No Advice
The Account Holder acknowledges and agrees that USAE is not acting as an adviser in any way with respect to the Account or Account Holder. Moreover, While USAE may make certain general information available to the Account Holder, under no circumstances do any USAE Entities provide legal, tax, estate-planning, or accounting advice. USAE also does not provide account monitoring.
Transcation Confirmations
It is the Account Holder’s responsibility to review all confirmations of transactions immediately upon receipt, whether delivered to the Account Holder electronically or otherwise.
The Account Holder agrees that USAE is not obligated to provide them with any transaction status report other than the official confirmation. USAE may nevertheless provide electronic or other transaction status reports as a courtesy only, but USAE does not guarantee the accuracy or timeliness of such reports, and neither it nor any other affiliated entities are liable for any losses arising out of or relating to delayed issuance or failure to issue an electronic or other trade status report or from errors in such reports that are subsequently corrected by USAE in official confirmations.
USAE has no responsibility for any errors in submission or transmission of orders by the Account Holder and may execute any order on the terms of such order as actually received by USAE. The Account Holder is responsible for the settlement of all transactions resulting from executions of orders.
Monitoring
The Account Holder understands and agrees that USAE may, at its discretion, monitor or record any of the Account Holder’s telephone conversations with USAE for quality control purposes and for its own protection. USAE may also monitor and make a record of the Account Holder’s use of the USAE and any other communications between USAE and the Account Holder and may use the resulting information for internal purposes or as may be required by Applicable Law. Unless otherwise agreed to in writing, USAE does not consent to the recording of telephone conversations by any third party or by the Account Holder. The Account Holder acknowledges and agrees that not all telephone lines or calls are recorded by USAE and that USAE does not guarantee that recordings of any particular telephone calls will be retained or can be retrieved. The Account Holder hereby waives any right to object to the admissibility into evidence of such recordings or transcripts in any court, arbitration, or other legal proceeding.
Order-Routing Practices
The Account Holder understands that, subject to the terms of an purchase or sale order, USAE exercises discretion over which an order is routed and the manner in which the order is handled. Nothing in this Agreement nor any information made available through the USAE is to be construed as an offer to buy or sell, or the solicitation of an offer to buy or sell, any security, financial product, or instrument or to participate in any particular trading strategy in any jurisdiction in which such offer, solicitation, or trading strategy would be unlawful or the giving of advice where giving such advice would be unlawful. Moreover, the Account Holder understands and agrees that USAE does not guarantee uninterrupted access to the USAE or any feature thereof. USAE reserves the right to suspend access to the USAE without prior notice during scheduled or unscheduled system repairs or upgrades and to modify the services at any time without prior notice.
User Responsibility
The Account Holder understands that they are responsible for all acts and omissions relating to the use of the USAE, including all orders entered. The Account Holder understands and agrees that it is their responsibility to maintain the confidentiality of their Account and to regularly change their passwords to keep them confidential.
The Account Holder agrees to notify USAE immediately if: (i) an order is placed and the Account Holder does not receive an order number; (ii) an order is placed and the Account Holder does not receive an accurate acknowledgment of the order or its execution; (iii) the Account Holder receives acknowledgment of the execution of an order that the Account Holder believes they did not place; or (iv) the Account Holder becomes aware of any unauthorized use of their Account.
Storage Agreement
If chosen by Account Holder, USAE will store user’s ammo at the USAE’s secure and insured facility in accordance with the terms of this Agreement and in accordance with the standards of care, skill and diligence normally and historically exercised in the storage of ammo. Although Account holder has the title and ownership of the ammo in its Account, USAE will not allow access to such ammo other than delivery to the user or the address designated by user for the ammo to be shipped. USAE shall not store the ammo at any location other than the USAE’s facility(ies). The Parties acknowledge and agree that this Agreement is only for limited, temporary storage services, and shall not create, or otherwise be construed as creating, a lease of space in the facility.
Title Risk of Loss
Except as otherwise expressly stated in this Agreement, Account Holder shall retain title and ownership of the ammo until the consummation of a sale transaction to a third party at which time title and risk of loss will be transferred automatically to purchaser. The risk of loss while the ammo is held at the USAE facility shall remain with the USAE.
Liability of Purchaser.
USAE’s responsibility under this Agreement is to provide storage in accordance with the standards of care, skill and diligence normally and historically exercised in the storage of ammo to prevent damage or loss to the ammo during the period in which such ammo is in the care, custody and control of USAE. To the fullest extent permitted by applicable law, USAE agrees to defend, indemnify and hold harmless Account Holder from and against any and all claims, losses, or damages, caused by the failure of USAE to provide storage in accordance with the standard of care described herein.
Insurance
USAE shall maintain all insurance coverage of the ammo held in its facilities as it has historically. Account Holder may, but shall have no obligation to insure the ammo in its Account.
Access to Purchaser Facility
Although Account holder has the title and ownership of the ammo in its Account, USAE will not allow access to such ammo other than delivery to the user or the address designated by user for the ammo to be shipped.
Prohibited Articles
USAE reserves the right to delete offerings that in its sole discretion violate applicable law or these terms and conditions. Users who violate the laws and rules mentioned here and thus cause an investigation against USAE will be held liable for the damage incurred (e.g. court and lawyer fees). We ask all users to inform about such violations.
Shipping
Users will have the opportunity to select a shipping carrier (UPS or FedEx) and to designate the address to which user would like your products shipped. User cannot change this information after user have confirmed it. Title to your products will always remain with user even before delivered. Once your products are delivered, user assume all responsibility for them, including the risk that they may be stolen or damaged. User release USAE, LLC and all its affiliated and employees and agents from all liability and responsibility for your products after they are delivered.
Shipping Destination Restrictions
USAE does not ship outside the United States or to Alaska, Hawaii, California, Massachusetts, Chicago, New York, or any other area within the United States where we are prohibited by law from shipping product. If a user attempts to have product shipped to these restricted areas, their order will be cancelled and user will be subject to the cancellation fee described below.
Order Cancellation by Users
Users may not cancel or change delivery order once it has been submitted. Additionally, for your security, we cannot alter any product information or credit card charges after your order has been submitted.
Refusal to Accept Delivery
By placing an delivery order, the user agree to accept delivery. If they fail or refuse to accept delivery of your order, then user will forfeit the full purchase amount, including all taxes and shipping fees, and be charged for the cost of shipping the order back to our warehouse. To be clear, a user will not receive a refund if they fail or refuse to accept delivery of your order.
Returns
Due to the unique nature of the products sold on the USAE, it only accepts returns for damaged or defective products. This does not include damage to boxes or packaging, only to the ammo themselves. Ammo must be returned within 30 days of your order date.
To initiate a return, please e-mail us at userservice@lammoexchange.com. No refunds will be issued for any ammo returned to our warehouse that do not have an approved Return Request form on file.
Users must complete the Return Request form in full. Any damage must be noted in the form and must supply pictures documenting the damage. Once the USAE receives the form, it will review it to determine whether, in our discretion, your ammo is eligible to be returned. If the return is approved, USAE will send a pre-paid shipping label to send the damaged products back to the USAE warehouse. Users are responsible for properly packing and securing the ammo to protect from damage during transit back. All returned products are examined upon arrival at the warehouse. Once received and examine users will either receive a replacement or be issue appropriate credit to their Account.
Contents of the offers (item description)
Each offering of ammo must include the name of the manufacturer, the caliber, weight (grain), product descriptions, product data sheets, weight, size and measurement specifications. All forms of direct or indirect advertising for services or offers outside of the USAE are not permitted. The linking, naming, in whole or in part, of one's own Internet pages is not permitted. The text description has to refer exclusively to the ammo offering. Additions such as "other goods or ammo on request" or similar formulations are not permitted.
Conclusion of a contract and payment
Users who place an item for online sale using the USAE website are submitting a binding offer and acknowledge and agree that the offering ammo is in the seller’s possession and readily available for immediate shipment after the sale is completed. A sale is completed once a buying user selects to purchase the offering ammo order. The offer is accepted by accepting a bid by the bidding user. The resulting price is the gross price from the transaction. Selling user accounts will credited the sales prices, less applicable fees, and selling users shall have the ability to transfer the monies in their user account to their assigned third party bank account upon confirmation that the ammo title has been transferred.
Reviews
Since it is difficult to actually identify natural or legal persons on the Internet, the USAE has a rating system to prevent fraudulent activities. With the help of this system, users can evaluate each other after the contract has been completed. This should help users to assess the reliability of their contractual partner. Users are required to provide truthful information in the reviews they submit. The ratings given must be factual and must not contain any insults. USAE reserves the right to exclude users who violate these rules from the USAE marketplace.
System availability
USAE is provided by the data center of a well-known and proven Internet provider, which guarantees almost 100 percent availability and performance. USAE cannot be held liable for server failures of the provider and any lost profits, e.g. due to expired ammo offers. In the event of data loss or system failure, USAE is only liable in the event of willful intent or gross negligence. Any further claims for damages are excluded.
Data protection
The personal data of our users are treated in accordance with applicable law. The personal data of the USAE users will only be passed on to third parties if this is necessary for the operation of the website and for billing.
The server log files are stored for a maximum of 24 hours and then deleted. The data is stored for security reasons in order to be able to clear up attacks on our platform and other cases of abuse. If data have to be kept for reasons of evidence, they are excluded from deletion until the incident has been finally resolved.
Cookies
This website uses cookies for session tracking, which are transmitted from our servers to the user's browser. Cookies are small files that are stored on your device. Your browser accesses these files. The use of cookies increases the user-friendliness and security of this website.
If user do not want cookies to be stored on your device, user can prevent your browser from accepting cookies.
Note: There is no guarantee that user will be able to access all functions of this website without restrictions if user make the appropriate settings.
JavaScript
JavaScript must be activated for some functions. We want everything to work without JavaScript if possible; however, this cannot always be guaranteed. One thing is guaranteed: All scripts that are used on USAE are also delivered directly from our servers.
Collection and processing of personal data
USAE collects, uses and passes on your personal data only if this is permitted by law or if user consent to the data being collected.
Personal data includes all information that is used to identify your person and which can be traced back to user - for example your name, your email address and telephone number. User can also visit this website without providing any personal information. In order to improve our online offer, however, we save your access data on this website (without personal reference).
Passing on your data to third parties
Your name and full address as well as your date of birth and other affirmations to ensure legal ability to purchase and sell ammo are required for registration. In addition, only your username and your ratings are publicly visible.
User rights
As a user, user have the right to request free information about which personal data has been stored about user. User also have the right to correct incorrect data and to restrict the processing or deletion of your personal data. If applicable, user can also exercise your right to data portability. If user assume that your data has been processed unlawfully, user can submit a complaint to the responsible supervisory authority.
Deletion of data
If your request does not conflict with a legal obligation to store data (e.g. data retention or weapon law provisions), user have the right to have your data deleted. Data stored by us will be deleted if they are no longer required for their intended purpose and there are no statutory retention periods. If deletion cannot be carried out because the data is required for permissible legal purposes, data processing will be restricted. In this case, the data will be blocked and not processed for other purposes.
Passing of title, risk, shipment and insurance
Although risk of loss and insurance on the ammo shall remain the obligation of the USAE until delivery, title always remains with the Account Holder that legally purchased the ammo.
Limited warranty, disclaimer of warranty, remedies
The USAE guarantees that the ammo will (i) be free from defects in materials and workmanship and (ii) comply with the agreed performance specifications. USAE disclaims any and all warranties whatsoever.
If products are defective at the time of purchase or delivery, user shall immediately notify both seller and USAE through its contact information page and shall supply the USAE supporting documentation (pictures) of the alleged defects.
As a prerequisite for the user's claims for defects, the user examines the products according to the practices used in the ordinary course of business. Any identifiable defects must be reported immediately, but no later than within one (1) weeks after delivery. Any hidden defects must be reported immediately, but no later than two (2) weeks following the discovery of the defects. The notification of defects must specifically indicate the defect; notifications of defect must be in writing.
Limitation of Liability
To the maximum extent permitted by Applicable Law, the USAE and all affiliated parties shall not be liable for any action taken or not taken by any of them hereunder or in connection herewith except for their breach of this Agreement, gross negligence, or willful misconduct. No Indemnified Parties shall be liable for any actions taken or not taken in accordance with any instruction from the Account Holder or the Account Holder’s agents. The Indemnified Parties may consult with legal counsel, and any action taken or suffered in good faith in accordance with the advice of such counsel shall be full justification and protection for them.
No Liability for Indirect, Consequential, Exemplary, or Punitive Damages; Force Majeure Events
In no event shall any USAE Indemnified Parties be held liable for (i) indirect, consequential, exemplary, or punitive damages or (ii) any loss of any kind caused, directly or indirectly, by any Force Majeure Event, and the Account Holder unconditionally waives any right they may have to claim or recover such damages (even if the Account Holder has informed an USAE Indemnified Party of the possibility or likelihood of such damages).
Automated Systems
The Account Holder consents to the USAE’s use of automated systems or service bureaus in conjunction with: the receipt and handling of orders; the reporting of order acknowledgments, cancellations, and executions; the clearing and settlement of transactions for the Account; tax and cost basis reporting; the delivery of issuer information with respect to Ammo; and similar recordkeeping and reporting services and account reconciliation and risk management (collectively, “Automated Systems”). The Account Holder understands that the use of Automated Systems entails risks, including but not limited to interruption of service, systems or communications failures, delays in service, cyberattacks, and errors in the design or functionality of such Automated Systems (collectively, a “System Failure”) that could cause substantial damage, expense, or liability to the Account Holder.
THE INDEMNIFIED PARTIES MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SELECTION, DESIGN, SECURITY, FUNCTIONALITY, OPERATION, TITLE, OR NONINFRINGEMENT OF ANY AUTOMATED SYSTEM. THE USAE INDEMNIFIED PARTIES MAKE NO EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY WITH RESPECT THERETO. WITHOUT LIMITING THE FOREGOING, USAE INDEMNIFIED PARTIES EXPRESSLY DISCLAIM ANY REPRESENTATION THAT ANY AUTOMATED SYSTEM WILL OPERATE UNINTERRUPTED OR BE ERROR-FREE.
Indemnification
The Account Holder agrees fully to indemnify, hold harmless, and reimburse the Indemnified Parties, on a current basis, from and against any and all Losses arising out of or relating to:
i. breach of any representation, warranty, or covenant made by the Account Holder hereunder or any subsequent false or misleading statement or representation made by the Account Holder or its agents;
ii. any act or omission by the Account Holder with respect to any of their Accounts;
iii. the Account Holder’s failure to comply with any provision of Applicable Law;
iv. any action taken by any USAE Entity to enforce its rights under this User Agreement;
v. any Event of Default by the Account Holder; and
vi. any violation or infringement by the Account Holder or its agents of any copyright or other intellectual property right.
Confidentiality
All information, particularly with respect to terms of agreement, conditions regarding orders or order confirmations, including pricing, must be treated confidentially by the contracting parties. Without the prior written consent of the respective contracting party, no information must be provided on the business relationship between USAE and the user or on a product delivery (except in cases of disclosure to professional consultants of the contracting parties in case of justified need for information). The obligations of the parties according to this section apply for a period of three years from the date of disclosure of an information. The restrictions and obligations of this section 10 do not apply with respect to information which (i) is already publicly known at the time of disclosure, (ii) becomes publicly known after disclosure without any fault on the part of the other contracting party, (iii) has already been in proper possession of this contracting party prior to disclosure, as the written documentation of the concerned contracting party shows, or (iv) which the other contracting party has autonomously identified, without the use of the information provider's information or its reference.
Termination
USAE reserves the right to terminate any user in its sole discretion.
Export restrictions - Re-export
Export of products by a user lie within the sole responsibility of the user. They must comply with all applicable national and international export control provisions. The buyer must obtain the necessary export license or other documents prior to the scheduled export of the products and to hold USAE harmless with respect to liabilities, damages, costs, penalties and fines, as well as generally reimburse USAE the amount of money (including lawyer's fees) which it would have to pay as a result of the user's non-compliance with applicable export control provisions.
Assignment and pledging
The users may not transfer or assign the contractual relationship or rights and obligations.
Electronic Signatures
The Account Holder’s intentional action in electronically signing the Account Application is valid evidence of the Account Holder’s consent to be legally bound by this Agreement and by other documentation submitted by the Account Holder or provided to the Account Holder in the Account Application process. Also, By agreeing to electronic delivery, the Account Holder is giving their informed consent to electronic delivery of all Account communications. The Account Holder understands that to receive electronic deliveries, the Account Holder must have internet access, a valid email address, the ability to download such applications as USAE may specify and to which the Account Holder has access, and a printer or other device to download and print or save any information the Account Holder may wish to retain. USAE will notify the Account Holder of any changes in the hardware and software requirements needed to access electronic records covered by this consent.
Tax Ramifications
The online re-sale of consumer goods for a profit is considered a business activity and users will be subject to applicable income tax. The state of Delaware does not collect sales tax from online sales where the product sold remains in Delaware. Therefore, all sales to buyers that continue to store their ammo in the USAE armory in Delaware will not be subject to sales tax. However, if a sale is made to a buyer who chooses to have the ammo delivered out of Delaware, USAE will charge and collect the applicable state sales tax. Also, certain USAE users will be issued a 1099-K if the gross payments exceed $20,000 or they have more than 200 transactions
OUR PRIVACY POLICY
By using the USAE the user consents to the collection, use, disclosure, and transfer of your Personal and Non-Personal information along with other information, within the United States and/or to other countries for storage, processing and use by us, subject to the terms of our privacy policy, which can be updated from time to time.
Agreement to Arbitrate
User and USAE each agree that any and all disputes or claims that have arisen, or may arise, between user and USAE (or any related third parties) that relate in any way to or arise out of this or previous versions of the Agreement, your use of or access to USAE’s services, the actions of USAE or its agents, or any products or services sold, offered, or purchased through its Services shall be resolved exclusively through final and binding arbitration, rather than in court.
The Federal Arbitration Act ("FAA"), and to the extent not inconsistent with the FAA, the laws of the State of Georgia, without regard to principles of conflict of laws, governs the interpretation and enforcement of this Agreement to Arbitrate.
Prohibition of Class and Representative Actions and Non-Individualized Relief
USER AND USAE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH USER AND USAE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim or a particular request for a remedy (such as a request for injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) must be severed from the arbitration and may be brought in court (pursuant to Section 18.C below), subject to your and USAE's right to appeal the court's decision. All other claims will be arbitrated.
Arbitration Procedures
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individualized basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), shall be for a court of competent jurisdiction to decide.
The arbitration will be administered by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules and the AAA's Commercial Arbitration Rules, and the AAA's International Centre for Dispute Resolution Rules (as applicable), as modified by this Agreement to Arbitrate. Absent agreement of the parties, the AAA shall decide which AAA rules apply to the arbitration. The AAA's rules are available at www.adr.org and www.icdr.org. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or, if the parties cannot reach the agreement, the court shall select the administrator.
A party who intends to seek arbitration must first send to the other, by certified mail, a valid Notice of Dispute ("Notice"). The Notice to USAE must be sent to USAE’s law firm of Squire Patton Boggs at their Atlanta, GA address. Attn: Litigation Department, Re: Notice of Dispute, for US Ammo Exchange. USAE will send any Notice to user to the physical address it has on file associated with your USAE account; it is your responsibility to keep your physical address up to date. To be valid, user must personally sign the Notice and complete all information on the Notice form, including a description of the nature and basis of the claims user are asserting, the specific relief sought, and the email address and phone number associated with your account.
If user and USAE are unable to resolve the claims described in a valid Notice within 30 days after USAE receives that Notice, user or USAE may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. Any settlement offer made by user or USAE shall not be disclosed to the arbitrator.
Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. In the event the arbitrator determines the claim(s) user assert in the arbitration to be frivolous, user agree to reimburse USAE for all fees associated with the arbitration paid by USAE on your behalf that user otherwise would be obligated to pay under the AAA's rules.
Final provisions
If any competent court declares a provision, an article or a regulation contained in these terms of delivery to be invalid, the validity of the other provisions, articles or regulations of these terms are not affected by this finding of the court. The invalid provision, the article or the regulation is to be replaced by one which, in terms of its commercial outcome, equals the will of the parties in the commercial sense.