Terms and Conditions

This Terms of Use Agreement (“Agreement”) explains your rights and obligations in using the Engel Ballistic Research, Inc. website (such website, and all activities thereon, constituting “the Services”). Please read this Agreement carefully. By clicking “Accept,” and submitting any information about you or your company, or continuing to use the service, or requesting more information you are telling us you read and understand everything in this document. • By purchasing ammunition you acknowledge and certify that you are at least 21 years of age for handgun ammunition and 18 years of age for rifle ammunition. As well as legally able to purchase ammunition in accordance with all federal, state, and local laws. ITAR WARNING International Traffic in Arms Regulations (ITAR) WARNING! ITAR WARNING: We are a U.S. based business and re-shipping, or transferring products we offer for sale to unauthorized parties or locations outside the U.S. is illegal under both U.S. and International laws. EXPORTING: We are a licensed exporter and registered with the U.S. State Department. Contact us for export questions and order minimums. EBR Limited Warranty and Return Policy You agree to use the Services as-is. UNLESS THE DISCLAIMER OF SUCH WARRANTIES IS PROHIBITED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT ACCESS TO THE SERVICE BY ANY MEANS IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND WE DO NOT MAKE ANY WARRANTIES WHATSOEVER WITH RESPECT TO THE SERVICE, INCLUDING WITHOUT LIMITATION, WARRANTIES, EITHER EXPRESS OR IMPLIED, SUCH AS THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR PROVIDE ADEQUATE, COMPLETE OR TIMELY INFORMATION OR DATA. YOUR LIABILITY You are fully responsible for how you use our Services. You agree to indemnify and hold harmless us and our directors, officers, employees, service providers, vendors, our operating partners and agents from and against any and all losses, liabilities, claims, damages or expenses (including attorneys’ fees and court costs and expenses) arising from or related to any use of the Services by you or that occurs because of you. STANDARD OF CARE You agree that our sole obligation to you is to provide the Services as-is. You agree that unless we do something that is grossly negligent or an act of willful misconduct in connection with the Services, we will not be liable to you or to any third party. LIMITATIONS ON LIABILITY If, for any reason, we are judged liable to you, you agree that your recovery will be limited to your actual damages, measured by actual out-of-pocket economic loss. You agree that you will not ask for any consequential, special, punitive or exemplary damages, or indirect or lost profits. You agree that even if you request these types of damages, a court or arbitrator cannot award them to you. You agree that any recovery will be limited to recovery from Engel Ballistic Research, Inc., and not any operating partner or director or officer thereof in his or her personal capacity. You understand and agree that the price of these Services would be significantly higher but for these limitations on liability. WE’RE NOT RESPONSIBLE FOR ALL CIRCUMSTANCES You also agree that we are not responsible for anything beyond our control. For example, we are not liable: for Service interruptions caused by problems with the communications network; for problems caused by any Internet service provider; for your computer or its programs failing; for the acts of criminal attackers, whether in real-time or automated (e.g., viruses); or for errors in information provided to us upon which we reasonably rely. These are only examples. TERMINATION BY USE We reserve the right to terminate this Agreement, in our sole discretion. We may terminate this Agreement prior to sending you written notification. AMENDMENTS We may change the Services and this Agreement at any time, in our sole discretion. We will provide you with advance notice of any such material change to the e-mail you provide to us except in circumstances where advanced written notice would not be practical. You agree to accept service of any legal notice in connection with the Services by e-mail to the address you provide. If you use the Services more than one week after we send written notice of a material change, that will mean you accept the changes. If you do not accept the changes, your sole right is to stop using the Services. WARRANTY RETURN POLICY At Engel Ballistic Research (EBR) we strive to provide quality ammunition and quality customer service. We utilize computer controlled loading machines and inspect each round produced. Every lot of ammunition produced is test fired multiple times through the production run. If you have a purchased defective ammunition, please contact us and we will try to make it right. We value your opinion. All sales are final and made without explicit or implied warranty of merchantability or otherwise. Returns are not accepted under any circumstances other than in the case of defective merchandise. Any defective merchandise shall be returned to us and will be subject to manufacturer approval. In the case of defective merchandise, it is your responsibility to contact us and arrange for a portion of the ammunition to be returned. Upon receipt, the merchandise will be evaluated and tested for defects. If the merchandise is, in fact, defective you will receive a return authorization number, The RA# (Return Authorization Number) must be present on the return shipment of the defective ammunition. If the RA# is not present on the exterior of the package the shipment will not be accepted. Once a properly return shipment is received it will be replaced with the identical undamaged product or products. Note: Improper storage and handling of loaded ammunition may result in damage to the ammunition. Any appearance of corrosion, exposure, or other evidence of damage from improper storage or use after the ammunition was sold will void the warranty. DAMAGES AND ORDER ERRORS Any damage or shortage must be reported to EBR within seven days of receipt. If the damage or shortage is not reported within the seven day period, the report will be void. In the rare event that your package is damaged, a claim will be filed with UPS and a refund or replacement will be issued once the claim investigation has concluded. CANCELATION Orders that have not been shipped may be canceled. A refund will be issued, minus a 5% re-stocking fee. If an order has already been shipped, the order cannot be canceled. We reserve the right to cancel any order when the Terms and Conditions have not been complied with. In the event that an order is canceled, a refund will be issued, minus a 5% re-stocking fee. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Engel Ballistic Research. The collective work includes works that are licensed to Engel Ballistic Research. Copyright 2003, Engel Ballistic Research ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Engel Ballistic Research or purchasing Engel Ballistic Research products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Engel Ballistic Research or to purchase Engel Ballistic Research products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Engel Ballistic Research. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of Engel Ballistic Research used in the site are trademarks or registered trademarks of Engel Ballistic Research


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Engel Ballistic Research disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Engel Ballistic Research does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Engel Ballistic Research does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
Engel Ballistic Research shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Engel Ballistic Research has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a Engel Ballistic Research product is mistakenly listed at an incorrect price, Engel Ballistic Research reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Engel Ballistic Research reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Engel Ballistic Research shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Engel Ballistic Research without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
Engel Ballistic Research may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Engel Ballistic Research.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Engel Ballistic Research products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Engel Ballistic Research products) must be commenced within one (1) year after the claim or cause of action arises. Engel Ballistic Research's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Engel Ballistic Research may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Engel Ballistic Research or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
Engel Ballistic Research does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Engel Ballistic Research is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Engel Ballistic Research reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Engel Ballistic Research in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless Engel Ballistic Research, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, Engel Ballistic Research may link to sites operated by third parties. However, even if the third party is affiliated with Engel Ballistic Research, Engel Ballistic Research has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Engel Ballistic Research. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Engel Ballistic Research seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).