Terms and Conditions
This Service Contract (“Agreement”), effective as of the date of purchase, is entered into by and between MaxxSafe LLC (“Warrantor”), and the buyer (“Purchaser”).
Warrantor and Purchaser agree as follows:
1. PRODUCT. Purchaser will remit payment to Warrantor for replacement of a Serialized Item used in a justified self-defense usage as defined below (“Product”) and provide the deliverables described in the attached Exhibit to the satisfaction of Warrantor to receive replacement or compensation.
2. TERM. The term (Term) of this Agreement will begin on the date of purchase and will expire based upon the length of coverage purchased, unless terminated within 14 days of purchase as mandated by law. Should the Purchaser meet the requirements for Warrantor to replace or compensate for the confiscation by law enforcement of a Serialized Item the contract will end once Warrantor sends compensation or a replacement.
3. AUTOMATIC RENEWAL. This This Agreement shall automatically renew for successive Terms unless either party provides written notice of its intention not to renew at least thirty (30) days prior to the expiration of the current term. The terms and conditions of this Agreement will remain in full force and effect during any renewal term, except as otherwise agreed in writing by both parties.
4. RELATIONSHIP OF THE PARTIES. Purchaser is an independent Purchaser and is not an employee, partner, joint venturer, or agent of Warrantor. Purchaser will not bind nor attempt to bind Warrantor to any agreement other than the provisions established herein.
5. WARRANTIES AND REPRESENTATIONS.
5.1 COMPLIANCE WITH LAWS AND POLICY. Purchaser will comply with all applicable federal, state, and local laws, and the terms contained in this Agreement.
5.2 NOT BARRED. Purchaser represents and warrants that Purchaser may legally own and possess a firearm and is under no court order or similar legal order or ruling barring such ownership or possession. If applicable, Purchaser also acknowledges that Purchaser is licensed to perform security or law enforcement duties in the jurisdiction in which Purchaser will be conducting the aforementioned duties.
5.3 COURT ACTION. If a court of law determines, regardless of whether on a temporary, preliminary, or permanent injunctive or other basis (“Court Action”), this Agreement shall be suspended during the period of such Court Action.
5.4 LEGAL NAME. Purchaser represents and agrees that this Agreement reflects Purchaser’s full and correct legal name or the Agreement will not be enforceable. Should this information change it is the duty of the Purchaser to contact Warrantor with their Serialized Item information, previous information, and new information within 30 (Thirty) days of this change.
6 PERFORMANCE. Purchaser warrants that they shall remit correct, unedited documentation of a justified use of Lethal Force within thirty (30) days of the incident occurring for the purpose of Warrantor determining if the terms of the Agreement have been met. Such documentation shall include, at a minimum, any police and evidence report and witness statements. Should the Serialized Item contained in this Agreement not be seized by a law enforcement agency, and in their possession at the time the Purchaser files a claim, then their claim is not valid. Warrantor shall only replace or compensate for a Serialized Item that is not in the possession of Purchaser due to confiscation in the normal course of conducting an investigation on the inciting event. Any value of a Serialized Item in excess of five thousand dollars ($5000) will not be paid.
7. CONFIDENTIALITY AND SAFEGUARDING OF WARRANTOR RECORDS. Under this Agreement, Purchaser may (1) receive from Warrantor, or (2) have access to records or record systems (Warrantor Records). However, Warrantor will not provide to Purchaser, and Purchaser will never seek to access any Warrantor Records that are not directly relating to Service Contract(s) with their legal name printed and signed on them.
8. TRANSFER PROHIBITED. Purchaser's interest in this Agreement may not be subcontracted, assigned, delegated, or otherwise transferred to a third party, in whole or in part. Should the contract have been fulfilled by Warrantor on the Serialized Item, even if the term of the contract is still within date, a new contract must be entered into if the Purchaser regains possession of the Serialized Item if Purchaser wants protection to begin again.
9. INSURANCE. Purchaser acknowledges and understands that Warrantor does not maintain and will not obtain insurance of any type to protect Purchaser against any loss, damage or injury that may in any way result from Purchaser’s actions relating to the justified use of force in a justified self-defense shooting. Purchaser further acknowledges that this Agreement is not a contract of insurance and is not intended by the parties to be subject to the statutes and regulations of any state’s department of insurance.
10. INDEMNITY. Purchaser will indemnify, hold harmless and defend Warrantor Parties, from and against all liabilities, damages, claims, demands, actions (legal or equitable), and costs and expenses (including attorneys’ fees incurred in investigating, defending or settling any of the foregoing claims), of any kind or nature, arising from Purchaser’s actions to trigger this contract that are caused in whole or in party by any negligent act or omission, or willful misconduct, of Purchaser or any Purchaser Parties for whose acts Purchaser may be liable. The provisions of this Section will not be construed to eliminate or reduce any other indemnification or right that any Indemnitee has by law or equity.
11. FORCE MAJEURE. Neither party will be liable or responsible to the other for any loss or damage or for any delays or failure to perform due to causes beyond its reasonable control.
12. TERMINATION. Warrantor may terminate this Agreement with cause upon fourteen (14) days prior written notice to Purchaser. Warrantor will reimburse Purchaser for fees paid prorated to the remaining duration of the contract. Purchaser may also terminate this agreement within fourteen (14) days of signing. Should Purchaser not legally be able to possess the listed firearm for any reason whatsoever, the contract is deemed null and void, and Purchaser forfeits all fees paid.
13. NOTICES. Any notices, consents, approvals or other communications required under this Agreement will be in writing, and sent via electronic mail. Notice will be deemed given when email is received.
14. ENTIRE AGREEMENT; EXTERNAL TERMS; AMENDMENT. This Agreement (including exhibits and schedules which are attached and incorporated for all purposes) states the entire agreement and understanding between the parties, supersedes all prior agreements, written or oral, between the parties with respect to the subject matter of this Agreement, and prevails over and replaces all other agreements (including shrinkwrap, clickwrap, browsewrap, web-based terms of use, and any other terms displayed in any format that Warrantor Parties Prior agreements and External Terms are null and void and will have no effect, regardless of whether Warrantor Parties agreed to the prior agreements or External Terms. This Agreement is binding on the parties, their successors and assigns, and may not be amended under any circumstance.
15. ADDITIONAL PROVISIONS.
15.1 VENUE: GOVERNING LAW; DISPUTES. All disputes shall be resolved in Clay County, Missouri. This Agreement, all of its terms and conditions, all rights and obligations of the parties, and all claims arising Warrantor of or relating to this Agreement, will be construed, interpreted and applied in accordance with, governed by and enforced under, the laws of the State of Missouri. Any dispute, controversy or claim arising out of, relating to, or in connection with this Agreement, including the breach, termination or validity thereof, shall be resolved exclusively by binding arbitration conducted by the American Arbitration Association (the “AAA”) in accordance with its Commercial Arbitration Rules then in effect (the “Rules”) before a single arbitrator, with the final hearing to be held in Clay County, Missouri. The AAA and the arbitrator shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. The parties agree to arbitrate solely on an individual basis, and, regardless of the Rules, this Agreement does not permit class arbitration or any claims brought as a plaintiff, claimant, or class member in any class or representative proceeding and the arbitral tribunal may not consolidate the claims of any party to this Agreement with those of any third party. A party may enter judgment on the award rendered by the arbitrator in any court having jurisdiction.
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15.2 LAW ENFORCEMENT/SECURITY USE. If the Purchaser is a law enforcement or security officer and intends to use this agreement for their service firearm, they must purchase the appropriate LEO/Security contract. If the Purchaser files a claim for a non LEO/Security contract for a firearm used in a LEO/Security fashion, the contract is deemed null and void, and Purchaser forfeits all fees paid.
EXHIBIT
1. Product:
Should Purchaser in the ordinary course of their day and not due to an unlawful act of aggression or gross negligence be put into a situation necessitating the use of lethal force involving the justified use of a firearm, Warrantor agrees to furnish an exact or approximate replacement of said firearm as originally produced at the original manufacturer to Purchaser.
2. Fees:
Purchaser has paid a fee to Warrantor for the performance of the contract as described above.
Warrantor will provide free transfers of Serialized Items through authorized Federal Firearm License (“FFL”) holders listed on its website. Should Purchaser wish to use another FFL holder, any fees assessed for transfer of Serialized Item will be the responsibility of Purchaser
3. Definitions
Justifiable use of Lethal Force: An instance in which, by the laws in the location of which the incident occurred, Purchaser will not face any legal repercussions from the use of lethal force. Including but not limited to murder (any degree), homicide, manslaughter (voluntary or involuntary), attempted murder, gross bodily harm, assault, brandishing, discharge of a firearm within city limits, discharge of a firearm in or near an occupied dwelling, or vandalism.
Exact or Approximate Replacement: When making payment for this contract, certain information is asked for. It is the responsibility of the Purchaser to provide as accurate and correct information as possible and reasonably available to Warrantor to assist in determining the value of Purchaser’s Serialized Item. The replacement shall be the exact model should it be in production as delivered from the factory. Any aftermarket parts, modifications, or additions that were not included when produced in the factory are not covered. SKU shall be the primary determining datapoint for replacement, followed by UPC, and model. Should the item not be in production, Warrantor shall provide a reasonable alternative to Purchaser. Should that not be acceptable, Purchaser shall receive a check for the amount the chosen reasonable replacement can be commonly had for on the Purchaser retail market.
Serialized Item: Any item that is regulated under the Gun Control Act of 1968 (“GCA”) that is legal to possess and legally possessed by Purchaser including but not limited to a pistol, revolver, rifle, pistol grip firearm, or shotgun. Any NFA item that is not a machine gun.