Usage Policy

FN AMERICA, LLC (doing business as FNH USA)

Terms of Use

These “Terms of Use” cover all FNH USA websites where these Terms of Use are posted (“the Websites”).  PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.  BY ACCESSING AND/OR USING THE WEBSITES (OTHER THAN TO READ THESE TERMS OF USE), YOU ARE AGREEING TO THESE TERMS OF USE.  THESE TERMS OF USE REQUIRE YOU TO AGREE TO ARBITRATE DISPUTES, GRANT US CERTAIN RIGHTS AND LICENSES, PROVIDE US CERTAIN INDEMNITIES, WAIVE CERTAIN OF YOUR RIGHTS AND REMEDIES, AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU.  READ THEM CAREFULLY AND DO NOT USE THE WEBSITE IF YOU DO NOT AGREE. 

You agree that these Terms of Use are supported by good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge.  Such consideration includes, without limitation, your use of the Websites and the materials and information available on the same.  In addition to these Terms of Use, FNH USA has established a Privacy Policy to explain how user information is collected and used by FNH USA.  A copy of this Privacy Policy can be found here: https://stage.fnhusa.com/pl/privacy-statement/ and is incorporated by reference into these Terms of Use.  By accessing or using the Website, you are signifying your acknowledgement and agreement to FNH USA’s Privacy Policy.

Website Access and Use 

Access to the Websites and the Website Content is provided for your information and personal, non-commercial use only.  When using the Websites, you agree to comply with all applicable federal, state, and local laws, including, without limitation, copyright law.  Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner.

Except as expressly permitted in these Terms of Use, you may not:

(i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notices on the Websites or Website Content or on any copy you make of the Website Content;

(ii) circumvent, disable or otherwise interfere with security-related features of the Website, including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Websites or Website Content; or

(iii) use the Website Content in a manner that suggests an association with any of our networks, products, services or brands.

Intellectual Property

The materials contained in this Website, including all layout, text, illustrations, instructions, files, images, designs, software, scripts, graphics, photos, sounds, music, videos, information, advertising copy, content, materials, products, services, URLs, technology, documentation, interactive features, the "look and feel" of the Websites, the compilation, assembly and arrangement of the materials of the Websites and any and all copyrightable material (including source and object code), (collectively, the "Website Content")  are protected by applicable copyright and trademark law. All intellectual property rights to these materials are owned or controlled by FNH USA. The Website Contents are copyrighted as of the date of their posting or upon their first publication, whichever occurs first.

Some specific content found on the Websites (such as press releases or similar non-exclusive news, editorial or media content) may be reprinted or broadcast without further permission upon proper attribution to FNH USA. Some content (such as computer screensaver and wallpaper images) may be downloaded for individual, private, non-commercial use without further permission from FNH USA.

No other part of the Website Content, including documents, photographs, product or performance specifications, technical diagrams or other material may be reproduced, translated, entered into a database or released to the public, in part or in whole, without the prior written permission of FNH USA.

You do not acquire any right, title or interest in the Website or the Website Content except for the limited use granted to you herein. Any rights not expressly granted are expressly reserved.

Accuracy of Content; Third-Party Links

We provide the Websites and the Website Content for entertainment, educational and promotional purposes only.  Every effort has been made to ensure that all product photographs, descriptions, specifications and suggested retail prices on our websites are current and accurate. However, in the normal course of website production inadvertent errors may occur. In order to better serve our customers, our standard procedure is to identify and immediately correct any such errors as they are discovered. If you believe you have found an error, please contact us at webmaster@fnhusa.com.  It is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content.  Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.

Due to our continuing effort to improve FNH USA products, changes in design or materials may result in corresponding changes to product specifications that we may not be able to immediately update on this Website. FNH USA reserves the right to modify or change product specifications and suggested retail prices without notice.

Product Availability and Restrictions

Some products shown on the FNH USA websites are available only for official military or law enforcement agency sales, and as such are not available through commercial channels and/or for civilian sales. Our products are subject to U.S. Government export restrictions that apply to both individuals and commercial entities.

FNH USA does not sell firearms directly to consumers. In compliance with local, state and federal laws and regulations, all retail purchases of firearms by consumers must take place through a Federally Licensed Firearm Dealer (FFL) and purchasers are subject to a background check.

Click here for a listing of FNH USA retail dealers near you.

Pricing

Any pricing listed on this website is suggested retail for the United States only and is subject to change without notice. For actual retail pricing visit your local FNH USA retailer.

Sweepstakes, Contests, Promotions, Rebates and/or other Offers

From time to time, FNH USA may offer the opportunity to participate in company-sponsored sweepstakes, contests, promotions, rebates or other offers on FNH USA products on or through the Website. Participation in each program will be subject to Rules and/or Terms and Conditions for participation and will be clearly marked on all promotional materials associated with each offer. It is the responsibility of FNH USA to provide Rules and/or Terms and Conditions for participation either on the Website or otherwise (to be determined based on specific offer requirements). It is the responsibility of the participant (you) to ensure conditions of eligibility based on all local, state and federal laws and/or regulations are and that you comply with all Rules and/or Terms and Conditions for each offer.

Photo Content

Some products depicted on the Websites are equipped with optional or user-supplied accessories. Showing these accessory products does not express or imply an endorsement by FNH USA.

Some photographs on our Website showing U.S. military personnel are courtesy of the U.S. Department of Defense and such use does not express or imply an endorsement of FNH USA products by any agency or department of the U.S. Government.

Safety 

Some photos on this Website are created and staged for dramatic effect to depict our products (including firearms) in use during simulated competition, defensive, tactical or combat situations. These photos depict highly trained professionals in carefully controlled situations. In the interest of safety under no circumstances should you attempt to recreate these staged situations using functional firearms and/or with live ammunition. 

Always follow established safety procedures when using or handling firearms. Please refer to your FNH USA product owner’s manual for additional safety information. 

Disclaimers

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITES IS AT YOUR SOLE RISK. THE WEBSITES AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, "WITH ALL FAULTS," AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, FNH USA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITES WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITES OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, CUSTOM, TRADE, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITES OR ACCESSED THROUGH THE WEBSITES; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES; (6) WARRANTIES THAT YOUR USE OF THE WEBSITES WILL BE SECURE OR UNINTERRUPTED, TIMELY OR ERROR-FREE; AND (7) WARRANTIES THAT THE WEBSITES (OR THE SERVERS THAT MAKE THEM AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability 

UNDER NO CIRCUMSTANCES SHALL FNH USA OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, ECONOMIC, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF FORSEEABLE OR IF FNH USA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER THEORY, ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITES, THESE TERMS OF USE OR APPLICABLE ADDITIONAL TERMS.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITES, INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO STOP USING THE WEBSITES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITES OR ANY LINKS ON THE WEBSITES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITES OR ANY LINKS ON THE WEBSITES.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE WEBSITES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF FNH USA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY FNH USA DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100.  FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITES, THESE TERMS OF USE OR APPLICABLE ADDITIONAL TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

In some jurisdictions limitations of liability or of warranties are not permitted.  In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.

Choice of Law, Jurisdiction, Venue

These Terms of Use shall be construed in accordance with the laws of the Commonwealth of Virginia without regard to its conflict of laws rules.  Any legal proceedings against FNH USA that may arise out of, relate to, or be in any way connected with our Websites or these Terms of Use, and which are not subject to the arbitration provisions below, shall be brought exclusively in the state and federal courts of Virginia and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Dispute Resolution; Binding Arbitration

In this Dispute Resolution Section only, "we" and "us" are used to refer to you and FNH USA together.

(A) We each agree to first contact each other with any Disputes (defined below) and provide a written description of the problem and the proposed resolution.  You agree to contact us with Disputes by contacting us at webmaster@fnhusa.com.  We will contact you based on contact information you provide us.

(B) We each agree to finally settle all Disputes (as defined and subject to any specific exceptions below) only by arbitration.  The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act ("FAA"), and judgment on the award may be entered in any court with jurisdiction. We each also agree as follows:

(i) "Disputes" are any claims or controversies against each other related in any way to the Websites, Website Content or these Terms of; provided, however, that any issues relating to FNH USA’s intellectual property rights shall only be subject to arbitration if FNH USA’s General Counsel agrees in writing to have such subject to arbitration.

(ii) If either of us wants to arbitrate a Dispute, we agree to send written notice to the other providing a description of the Dispute and the proposed resolution. We agree to make attempts to resolve the Dispute.  If the parties cannot resolve the Dispute within forty-five (45) days of receipt of the notice to arbitrate, then either of us may submit the Dispute to formal arbitration.

(iii) The FAA applies to this Agreement and arbitration provision.  We each agree the FAA’s provisions, not state law, govern all questions of whether a Dispute is subject to arbitration.

(iv) The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules as supplemented by AAA's Supplementary Procedures for Consumer-Related Disputes.  In the event AAA is unwilling or unable to set a hearing date within forty-five (45) days of the filing of a "demand for arbitration", then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. ("JAMS") or any other mutually agreeable arbitration administration service.  The award shall be enforceable by any court with jurisdiction over the parties.

(v) Except where prohibited or limited by applicable law, the prevailing party(ies) in the arbitration will be entitled to recover its costs and expenses, including reasonable attorneys’ fees and experts’ fees, which are incurred in connection with the arbitration.

(C) Notwithstanding the foregoing, either of us may bring qualifying claims in small claims court.

16. NO CLASS ACTIONS

TO THE EXTENT ALLOWED BY LAW, YOU WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

17. NO TRIAL BY JURY

TO THE EXTENT ALLOWED BY LAW, YOU WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

18. AMENDMENT; ADDITIONAL TERMS

(A) We reserve the right in our sole discretion and at any time without prior notice and for any reason, to modify or discontinue any aspect or feature of the Websites or to modify or add to these Terms of Use.  In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the Websites.  Any additional terms that we may provide to you will be incorporated by reference into these Terms of Use.  To the extent any additional terms conflict with these Terms of Use, the additional terms will control. 

(B) Updated terms or additional terms will be effective immediately upon notice, either by posting on the Websites so that they are accessible via a link on the homepage or by notification by e-mail or conventional mail.  It is your responsibility to review the Terms of Use and the Websites from time to time for any updated terms or additional terms.  Your access and use of the Websites after we have posted the updated terms or applicable additional terms will signify your assent to and acceptance of the same, which will be effective as of the time of posting, or such later date as may be specified therein, and will apply to your use of the Websites from that point forward.  If you object to any updated terms or to any additional terms, your only recourse is to immediately discontinue use of the Websites. 

Thank You

Thank you for visiting fnhusa.com. We hope you’ll return often to learn more about the latest in quality products from FNH USA.

This usage policy was last updated on October 8, 2014. 

 

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