TERMS OF SERVICE
OVERVIEW
This store and this website are operated by Redstone Firearms. Throughout the site, the terms “Redstone Firearms”, “we”, “us” and “our” refer to Redstone Firearms, Inc., Jonathan Solomon, its employees, managers, contractors, agents, and affiliates. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink and/or posted in the physical store. These Terms of Service apply to all customers, clients, and users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website or purchasing anything from us. By accessing or using any part of the site, or entering our physical store, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of our services.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website and/or patronage of our store following the posting of any changes constitutes acceptance of those changes.
REPRESENTATIONS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence.
To the extent your state and/or province has set a minimum age to purchase a firearm, if you purchase a firearm from us, you represent that you are at least of that minimum age.
You may not, and you hereby represent that you will not, use any product purchased from us for any illegal or unauthorized purpose nor may you or will you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services and may result in criminal prosecution and/or civil litigation.
DEFINITIONS
4473: A 6-page document for the acquisition of a firearm by an unlicensed person, entity, or agency. This is required by ATF to be filled out and signed by the Buyer on the day of the transaction and must be signed again on the day of pick up. Your address must match the address in the DROS system.
Abandonment:
Forfeiture of property. Property is considered abandoned and forfeited on the 91st day following any of the following:
Notice of Denial of DROS
Expired DROS
Correspondence from Redstone Firearms notifying you that the subject property needs to be picked up.
Failure to respond to our efforts to contact you regarding your firearm.
Once property is considered abandoned, title to that property will vest with Redstone Firearms, unless a written contract is signed by both parties. Redstone Firearms reserves the right to dispose of said property at its sole discretion.
Ammunition Transfer: With some exceptions, pursuant to SB1235, it is currently unlawful to transfer ammunition into California without the physical involvement of an FFL such as Redstone Firearms. As such, you can no longer have ammunition delivered to you directly. You may however do one of the following:
Have your ammunition delivered to Redstone Firearms for a fee.
Purchase ammunition from us directly.
Obtain your FFL. To read about becoming an FFL or Ammunition Dealer in California please refer to the CA Department of Justice website by clicking here.
For ammunition transfer or purchases, Redstone Firearms is required to perform a background check for which fees are dictated by the state. Redstone Firearms also charges a transfer fee for third party ammunition transfers. Redstone Firearms is also required to charge sales tax for orders transferred through our store by the California Board of Equalization. We make no money on this tax collection.
Bureau of Alcohol Tobacco and Firearms and Explosives: This is the Federal Agency enforcing federal firearms laws. They also monitor and audit FFLs to verify compliance.
California Department of Justice: “CA DOJ” - This is the agency that processes the firearms purchase background checks. They also enforce California firearms laws.
Concealed Weapons Permit: “CCW” is a permit to carry handguns concealed on your person. These are issued on a county by county and state by state basis. We often hold courses which are qualified and required in order to obtain a CCW either in California or in other jurisdictions. Please refer to our class schedule for more information.
Dealer Record of Sale: “DROS” is a state-mandated prerequisite for purchasing a firearm. The DROS is used to conduct a background check and confirm your eligibility to purchase a firearm. Once a DROS is filled out, it is submitted to the State of California for review. See 10 Day Waiting Period. In most instances, after 10-day period the buyer passes and the firearm may be released to the buyer. However, the CA DOJ may deny a DROS or delay the processing of a DROS. In either case, the CA DOJ will contact the buyer or the transferee. Redstone Firearms does not learn of the reason for delay or denial and is unable to find out why your DROS was delayed or denied. You may also contact the CA DOJ to discuss your DROS.
Firearms Safety Certificate: Redstone firearms must verify that each purchaser or transferee of a firearm has a valid “FSC” prior to transferring the firearm. Redstone Firearms has tests available and you may take your FSC exam in-store. Your FSC card will be printed and laminated by us in-store.
The following are exceptions to the FSC requirement:
A Hunting license (long guns only)
A current CCW issued anywhere
Active/Retired Law Enforcement ID
Active/Retired Military ID
COE - Associated with FFL
As prerequisite to taking the FSC exam, you must be 18 years of age and you must have a valid and correct California Driver's License.
The FSC Study guides can be found by clicking this link. You may find More information is available by clicking this link to CA DOJ FSC website.
If you do not pass the FSC exam, you may re-take the exam after 24 hours.
DOCUMENTS REQUIRED TO PURCHASE A FIREARM
You must have a California State issued driver's license or ID Card and must not be federally restricted. You must also have an FSC (see FSC above). Per Title 11, Division 5, Chapter 4, Evidence of Residency Documentation, a buyer of a pistol must have additional proof of address. Refer to the following:
The following definitions and requirements apply to documents intended to serve as evidence of residency for the acquisition of a handgun pursuant to Penal Code section 12071(b)(8)(C):
a.1. "Utility bill" means a statement of charges for providing direct service to the individual's residence by either a physical connection (i.e., hard wired telephone or cable connection, or a water or gas pipeline connection), or a telemetric connection (i.e., satellite television or radio broadcast service) to a non-mobile, fixed antenna reception device.
2. The utility bill statement date must be within three months of the current date.
3. The utility bill must bear on its face the individual's name and either of the following:
A. The individual's current residential address as declared on the Dealer's Record of Sale (DROS) form.
B. The individual's residential address as it appears on his or her California Driver License or California Identification Card, or change of address attachment thereto.
b.1. "Residential lease" means either of the following:
A. A signed and dated contract by which the individual (tenant) agrees to pay a specified monetary sum or provide other consideration for the right to occupy an abode for a specified period of time.
B. A signed and dated rental agreement by which the individual (tenant) agrees to pay a specified monetary sum or provide other consideration at fixed intervals for the right to occupy an abode.
2. The residential lease must bear the individual's name and either of the following:
A. The individual's current residential address as declared on the Dealer's Record of Sale (DROS) form.
B. The individual's address as it appears on his or her California Driver License or California Identification Card, or change of address attachment thereto.
c.1. "Property deed" means either of the following:
A. A valid deed of trust for the individual's property of current residence that identifies the individual as a grantee of the trust.
B. A valid Certificate of Title issued by a licensed title insurance company that identifies the individual as a title holder to his or her property of current residence.
2. The property deed must bear the individual's name and either of the following:
A. The individual's current residential address as declared on the Dealer's Record of Sale (DROS) form.
B. The individual's address as it appears on his or her California Driver License or California Identification Card, or change of address attachment thereto.
d. "Other evidence of residency as permitted by the Department of Justice" means either of the following:
1. A current, government-issued (city, county, special district, state, or federal) license, permit, or registration, other than a California Driver License or California Identification Card, that has a specified expiration date or period of validity. The license, permit, or registration must bear the individual's name and either of the following:
A. The individual's current residential address as declared on the Dealer's Record of Sale (DROS) form.
B. The individual's address as it appears on his or her California Driver License or California Identification Card, or change of address attachment thereto.
2. A valid peace officer credential issued by a California law enforcement agency to an active, reserve, or retired peace officer.
Note: Authority cited: Section 12071, Penal Code. Reference: Sections 12071 and 12072, Penal Code.
FIREARM STORAGE POLICY
Redstone Firearms will store and keep safe for up to thirty (30) days any firearm it sells or transfers for no additional cost. To the extent you leave a firearm with us in order to perform any type of gunsmithing, repair, or maintenance of the firearm, we will store the firearm for the period of time we are working on your firearm plus an additional 10 days to allow you time to retrieve your firearm once we have notified you that the service is complete.
We require that all firearms be compliant with California and Federal Law. Should you purchase more than one firearm from a third-party seller, and you are only able to DROS one of these firearms, you would then be responsible for storage fees for the remaining firearms for the period of time they remain in our possession up to the date of the next DROS.
Storage Fee. After the free storage period described above has expired, you agree to that Redstone Firearms may charge a storage fee of $5 per day per gun, unless you and we otherwise agree in writing.
Maximum Term of Storage. Due to limited space, we cannot store firearms indefinitely. We will make a diligent and reasonable effort to call, e-mail, write and/or otherwise notify you to pick up your firearm. Unless you and we otherwise agree in writing, we will not store any firearm for longer than 90 days. After 90 days, we will consider the firearm to be Abandoned.
REASONS WHY WE MAY NOT RELEASE A FIREARM TO A TRANSFEREE
It is important that buyers or transferees of a firearm understand that there are circumstances where we are not allowed to transfer possession of a firearm to a buyer or transferee. The following is not intended to be a complete list and you are responsible for educating yourself regarding California’s firearm laws.
PLEASE NOTE THAT THE STORAGE POLICY APPLIES IN EACH OF THESE SITUATIONS AND STORAGE FEES WILL BE CHARGED UNLESS OTHERWISE AGREED.
DROS Expiration – Buyers/transferees have 30 days to pick up their firearms after the DROS is submitted. This period encompasses the 10-day waiting period! If your DROS is delayed by the CA DOJ, the 30-day period will begin once the CA DOJ lifts the delay. If you fail to pick up your firearm within these time limits, Redstone Firearms must, by law, cancel the DROS and you will be required to fill out a new DROS, pay a new fee, and wait another 10 days before we can release the firearm to you.
IT IS THE BUYER’S/TRANSFEREE’S RESPONSIBILITY TO CALCULATE AND TRACK THE DROS PERIOD. REDSTONE FIREARMS MAY MAKE A REASABLE EFFORT TO CONTACT YOU TO PICK UP YOUR FIREARM BUT IS NOT AND WILL NOT BE RESPONSIBLE IF YOUR DROS EXPIRES BEFORE YOU CAN PICK UP YOUR FIREARM. IT IS YOUR SOLE RESPONSIBILITY TO MAKE SURE YOU PICK UP YOUR FIREARM IN THE 30-DAY PERIOD.
Denial of DROS – If the CA DOJ denies the transaction, we will provide you with a General Notice of Firearm Prohibition and Power of Attorney for Firearms Relinquishment, Sale, or Transfer for Storage (BOF 110). This form will allow the denied transferee an opportunity to designate another person to relinquish, sell or dispose of the firearm(s) on the denied person’s behalf.
Purchasing a second gun within 30 days – California law allows one purchase of a new handgun per 30-day period. If you purchase a second handgun, we will not be able to begin the DROS until that 30-day period expires. While this rule does not currently apply to long guns, new law may take effect which may subject long guns to the same rule.
It is important to contact Redstone Firearms to discuss your specific situation so as to avoid incurring storage fees and/or the abandonment of the firearm.
SHIPPING AND DELIVERY
At this time, Redstone Firearms ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands. You agree to assume the risk of loss and title for all merchandise ordered on this Website or by telephone when the merchandise is delivered to the shipping carrier.
We will do what we can to ship products to you in the time stated on our website, but we make no guarantee that these shipping times will be accurate. Often, shipping is outside of our control. As such, when you purchase something from us online or if we order something for you from our store, you agree and understand that the shipping times quoted to you are only estimates. Redstone Firearms is not responsible, and you agree to hold Redstone Firearms harmless, for any delay in shipping or delivery of your order.
BACK ORDERS AND CANCELLATION POLICY
While we strive to ensure all products advertised on our website are in stock, we do sell products sold by third parties and/or direct from the manufacturer. There are times when a product was available when we advertised it, but due to overwhelming interest, are no longer in stock. In this situation the product will be “back-ordered” which means you will still receive the product, but it will be delayed until such time as the third-party manufacturer or distributor is able to make or obtain additional stock of the product.
If you purchase a product that was listed as in stock, but it becomes back-ordered, you may cancel the purchase within 24 hours of notification that the product is back-ordered. If you purchase a product that is listed as back-ordered, you may not cancel the transaction on this basis.
Orders on our website are subject to acceptance. Orders cannot be modified or cancelled after shipping. If you cancel or modify an order after it has shipped, you agree to pay a $10 order cancellation or change fee is due. Backorders below $25 are automatically cancelled.
In the case that your order requires special freight, special delivery charges levied by the freight companies are charged based on their fee schedule to include residential and extended delivery. All damaged/missing freight must be reported within 2 business days of delivery date.
CANCELLATIONS/RETURNS OF FIREARM ORDERS
You may return a firearm and/or cancel a firearm order that you purchase from Redstone Firearms subject to the following conditions:
For firearms we have shipped to you, we charge a cancellation fee consisting of 30% of the sales price of the firearm to cancel the order. You will also be required to ship the firearm back to us at your own cost. We will issue the refund once we have received the firearm. Such an order may be cancelled at any time prior to your receipt of the package. Once you open the box, this would be considered a return. We will not accept a return of the firearm without prior written approval of Jonathan Solomon. See RETURN POLICY.
For online purchases of firearms for pick-up in one of our physical stores, failure to come into the store within ten (10) days will result in cancellation of the sale and you will incur a cancellation fee of 30% of the sale price of the firearm.
If your DROS expires or is denied as explained above, you have 10 days from the notification of the denial or expiration to come into the store to either start a new DROS or to tell us what to do with the firearm. If you purchased the firearm from us, failure to come in within 10 days will result in cancellation of the order and we will charge you a cancellation fee of 30% of the sale price of the firearm plus the cost of storage. If you purchased the firearm elsewhere, we will charge store your gun and charge you storage fees as described above until 90 days from the date we received the firearm. After that, we will consider the firearm Abandoned.
RETURN POLICY
Redstone Firearms will not accept any return of merchandise without prior approval of Jonathan Solomon or Geneva Solomon. Approved returns which are not firearms are subject to a 15% restocking fee. We will provide you with an RMA number, which you must write on the outside of the return shipping box. Any shipment error must be reported within 7 business days.
Please note that we cannot accept returns of firearms after you have taken the firearm out of the box. The firearm would be considered used at that point. Returning a firearm prior to opening the packaging in which we ship it to you would be considered a cancellation of your order.
In the case that you pick up a firearm from our store, we do not and cannot accept returns for any reason after you leave our store.
If there is a problem with the firearm, please contact the manufacturer of the firearm for assistance. Redstone Firearms is not responsible for any defects or malfunctions in any firearm not manufactured by Redstone Firearms.
PAYMENTS AND RETURNED CHECKS
All orders must be paid in full before we will ship the order. Acceptable forms of prepayment include company check as well as the following major credit and debit cards: VISA, MASTER CARD, DISCOVER, & AMERICAN EXPRESS. Processing fees associated with credit and debit card payments may apply. Any returned checks will be subject to a $30.00 service charge. We may agree to provide credit after satisfactory review of a signed credit application that requires industry trade references given by the applicant. For credit customers, invoice balances not paid within 7 days of the due date shall incur a late fee at 6% of the total invoice balance. Thereafter, past due balances shall bear interest charges at a rate of 1.5% per month.
RIGHT TO REFUSE SERVICE
Redstone Firearms reserves the right to refuse service to anyone for any reason at any time.
Redstone Firearms will refuse to serve anyone who comes to the store intoxicated, smelling of marijuana or alcohol, or who is deemed a danger by any member of the Redstone Firearms staff.
EXTENSION OF CREDIT
If Redstone Firearms extends credit to you and you accept such credit, you agree to grant to Redstone Firearms a purchase money security interest in any products sold to customer on credit, and a first security lien right in all products purchased from Redstone Firearms to secure the payment of all amounts owed. You hereby authorize us to sign any document required to perfect our security interest, including financing statements under the Uniform Commercial Code.
By accepting credit from Redstone Firearms, you understand and agree to pay all invoices by the due date on the invoice. You further agree to be liable for all costs incurred by Redstone Firearms in the collection of any delinquent account, including attorney fees, third-party collection fees, and interest charges.
YOUR INFORMATION
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Your submission of personal information through the store is governed by our Privacy Policy.
While we do everything, we can to keep your information secure, we cannot guarantee the safety of your information.
OUR INFORMATION
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
NO LEGAL ADVICE
Redstone Firearms produces content and/or conducts firearm-related training which may describe laws, procedures, or contain practical advice. None of this is intended to be construed as legal advice or to be relied upon in any legal proceeding. It is your responsibility to independently verify all information presented by Redstone Firearms and to retain legal counsel to advise you of your specific situation.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We may require that an order be sent to the billing address after the order has been placed. Orders may also require an adult signature at delivery.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
For more detail, please review our Returns Policy.
THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Redstone Firearms, our shareholders, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Further, by using our Service or by purchasing a product from us, you agree to limit the liability of Redstone Firearms to either the cost of the disputed product or service or $10,000, whichever is greater. You agree that Redstone Firearms will not be held liable for, and that you waive your right to, any consequential damages which may arise. You waive your right to any damages exceeding $10,000.00 or the cost of the product if it is greater.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Redstone Firearms, its owners, shareholders, managers, employees, investors, affiliates, agents, contractors, licensors, licensees, service providers, subcontractors, suppliers, attorneys, interns, and/or employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use of the Service.
You further agree to indemnify, defend, and hold harmless the above parties from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use of any product sold by Redstone Firearms including any firearm you purchase from us unless Redstone Firearms was actively negligence in causing the harm.
Dispute Resolution
Mediation. As a condition precedent to instituting any litigation or arbitration relating to or arising out of your use of Service or relating to Redstone Firearms in any way (including any statutory claims or claims in tort, contract, or equity), you agree to submit your dispute to non-binding mediation. To submit a matter to mediation, you may issue a Demand for Mediation to Redstone Firearms. Mediation shall be conducted in Los Angeles, California. Mediation fees shall be in equal parts by all the parties. Mediation shall take place within sixty (60) calendar days of the Demand for Mediation, except as such deadline shall be mutually extended in writing by the parties. The mediator shall be chosen mutually by the parties within 30 days of such Demand for Mediation. If the parties fail to choose a mediator within this time, either of the parties may tender the mediation to ADR Services, Inc. to choose a mediator and administer the mediation. Following such mediation, if the parties are not able to come to an amicable resolution of their dispute, the parties may resort to arbitration as necessary or desired. Notwithstanding any other provision herein, any party who attempts to institute arbitration arising out of or relating to any dispute without first meaningfully and in good faith participating in the mediation process as outlined hereinabove, and/or refuses to participate in the mediation, shall waive the right to seek any of that party’s attorneys’ fees and costs as provided herein in any subsequent arbitration. The non-prevailing party shall pay the prevailing party’s attorneys’ fees and costs with regard to any motion brought by either party to compel participation in the mandatory mediation described in this Section.
Arbitration. If the dispute is not resolved in mediation, then the following Arbitration Provision applies:
As used in this Arbitration Provision, the word “Claim” or “Claims” means any claim, dispute, or controversy between you and us arising from or relating to the Service or Redstone Firearms, including, without limitation, the validity, enforceability, or scope of this Arbitration Provision or this Agreement. “Claim” or “Claims” includes claims of every kind and nature, whether pre-existing, present, or future.
ii.Any Claim shall be resolved by binding arbitration pursuant to this Arbitration Provision and the applicable rules of ADR Services Inc. (or, if ADR Services, Inc. is no longer operational at such time, then J.A.M.S.) in effect at the time the Claim is filed (the “Arbitration Rules”). In all cases, the arbitrator(s) should be a lawyer with more than ten (10) years of experience or a retired judge.
iii.The arbitrator shall not have authority or jurisdiction to decide any Claim unless the mediation condition set forth above in Section 11(a) has been met.
iv.YOU HEREBY WAIVE THE RIGHT TO LITIGATE ANY CLAIM IN COURT OR HAVE A JURY TRIAL ON ANY CLAIM, OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED FOR IN THE APPLICABLE ARBITRATION RULES, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT TO BE AGAINST PUBLIC POLICY.
v.YOU HEREBY WAIVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM AGAINST REDSTONE FIREARMS, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
vi.EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. EACH PARTY UNDERSTANDS THAT OTHER RIGHTS THAT SUCH PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. THE FEES CHARGED BY THE ARBITRATION ADMINISTRATOR MAY BE GREATER THAN THE FEES CHARGED BY A COURT.
vii.There shall be no authority for any Claims to be arbitrated on a class action or private attorney general basis. Furthermore, arbitration can only decide Claim(s) and may not consolidate or join the claims of other persons that may have similar claims. There shall be no pre-arbitration discovery except as provided for in the applicable Arbitration Rules. Any arbitration hearing regarding a Claim shall take place in the ADR Services Inc. (or, if ADR Services, Inc. is no longer operational at such time, then J.A.M.S.) office located in Los Angeles, California. Each party shall bear the expense of that party’s attorneys’, experts’, and witness fees, and costs (including arbitration costs), regardless of which party prevails in the arbitration. The Arbitrator shall have no right to award any party attorneys’ fees or costs.
viii.This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. Sections 1 et seq. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of any party, shall provide a brief written explanation of the basis for the award. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal, review, correction or vacating provided by the FAA and except that, if the amount in controversy exceeds $10,000.00, any party can appeal the award to a three-arbitrator panel administered by the arbitration administrator which shall reconsider de novo (i.e., without regard to the original arbitrator’s findings) any aspect of the initial award requested by the appealing party. The decision of the panel shall be by majority vote. The costs of such an appeal will be borne by the appealing party regardless of the outcome of the appeal. The parties shall keep confidential any decision of an arbitrator made with respect to any Claim(s) arbitrated under this Arbitration Provision and, with the exception of disclosure to the parties’ attorneys, accountants, auditors, and other legal or financial advisors, shall not disclose such decision to any other person.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
NO WAIVER
To the extent Redstone Firearms makes any exception to any Term, such exception is not to be construed as a waiver of any Term or the right to enforce any Term herein.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
By accessing this web site or entering our stores, you agree that the laws of the State of California, without regard to the conflict of laws and principles thereof, will apply to all matters relating to use of the Service. You also submit to the personal jurisdiction of California and the venue of the state and federal Courts of California. You further agree that the proper venue for any lawsuit filed against Redstone Firearms is in Los Angeles County for state court lawsuits and the Central District of California, Western Division for federal court lawsuits.
LEGAL NOTICES
All notices from Redstone Firearms to You may be posted on our Website and will be deemed delivered within thirty (30) days after posting. Notices from You to Redstone Firearms shall be made either by regular mail, sent to the address we provide on our Web site, or first-class mail to our address at: 916 W Burbank Blvd suite x, Burbank, CA 91506.
COPYRIGHT
All content appearing on this Web site is the property of: Redstone Firearms, Inc. Copyright © 2020 Redstone Firearms. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2020 Redstone Firearms. All rights reserved.
TRADEMARK
All brand, product, service, and process names appearing on this Website are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Redstone Firearms. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Redstone Firearms or any third party, except as expressly granted herein.
SALES TAX
Redstone Firearms charges sales tax for all sales based on the applicable state sales tax rate and the location to which the order is being shipped.
COMPLIANCE WITH LAWS
You acknowledge and agree to comply with all Federal, State and Local laws and Ordinances. You further acknowledge that you have secured any permit(s) necessary to fully comply with all ITAR regulations and with the Foreign Corrupt Practices Act.
Redstone Firearms agrees to comply with all laws regarding record keeping, storage, and sale of any product, including maintaining all necessary federal, state and municipal business licenses.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
CONTACT INFORMATION
Questions about the Terms of Service should be sent here.
REDSTONE RANGE DAYS TERMS OF SERVICE
Redstone Firearms offers firearms training (“Range Days”) at a local outdoor range from time to time. In addition to the above Terms of Service, which are incorporated herein, participants in these trainings must also agree to the following “Range Day Terms”.
AVAILABILITY AND CHANGES TO AVAILABILITY
The availability of the Range Days is governed by the third-party shooting range, which is usually Angeles Shooting Ranges in Los Angeles, CA. Redstone Firearms does not control the third-party range and so Range Days are subject to availability. It is possible that the third-party range may require us to change the date or location of the training. By signing up for a Range Day, you understand that such modifications may occur and that such modifications are outside of the control of Redstone Firearms and you agree that any such modification is not a basis to cancel the Range Day and that no refunds will be offered for such modifications.
In the event that a Range Day is cancelled, we will provide you the option to choose another Range Day in which you will be guaranteed a spot or accept a full refund.
NOTICE OF RANGE DAYS AND LIMITS
Redstone Firearms advertises the Range Days on its website and/or on various social media platforms such as Facebook and/or Instagram. Redstone Firearms reserves the right to announce and/or to provide notice of the Range Days on any or all of these platforms. Redstone Firearms may also choose not to advertise or provide notice of certain Range Days at its sole discretion.
You understand and acknowledge that depending on the type of training being provided, there may be a limit to how many people may be able to attend a Range Day. You agree that Redstone Firearms in its sole discretion may set and/or modify the maximum attendance limit for any and all of the Range Days. Once the set number of persons have registered for a Range Day, registrations will close, and additional persons may join a waitlist for that Range Day. These limits are set in order to keep Range Day attendees safe and to ensure there are not more attendees than the instructor(s)and range safety personnel are able to monitor and train.
You agree that being unable to sign up for a Range Day and/or not receiving notice of any Range Day is not a basis to sue Redstone Firearms.
RANGE DAY CANCELLATIONS AND REFUNDS
By registering for a Range Day you agree to pay for and to allow Redstone Firearms to charge you for that Range Day regardless of whether you attend the Range Day. You may cancel your Range Day reservation until seven (7) days prior to the Range Day and request a full refund. If you were allowed to sign up less than seven (7) days prior to a Range Day, then you may cancel your reservation within 24 hours of making it and request a full refund.
Due to the cost to reserve the facility for the Range Day and to secure the appropriate staff, and because there is an attendance limit to these courses which means that your reservation precludes someone else from attending the Range Day, we cannot issue refunds for any cancellation that does not meet the above-specified conditions.
NO SHOWS
A “No Show” is someone who has registered for a Range Day but does not attend. There are no refunds or credits for No Shows. In registering for a Range Day, you understand and agree that Redstone Firearms will charge your credit card and/or take payment for the Range Day regardless of whether you attend it.
TRAINING LEVEL AND COURSE ACCESS
Redstone Firearms has developed a course system based upon varying levels of experience and training with firearms. This allows for more relevant training for differing skill levels. You agree that Redstone Firearms may, in it sole discretion, set the criteria for each level of training. Further, determining whether an individual has the training and experience to take more advanced courses is subjective. You agree that your access to Range Days, including the classification of what level you are able to attend, is solely within the discretion and judgment of Redstone Firearms. Each person is individually evaluated.
Redstone Firearms also has the discretion to revise your training level to a lower level based upon observation at a prior Range Day. For example, if John takes an intermediate course in January and the instructor notes that John has difficulty with the fundamentals of firearms safety or firearms manipulation, that instructor may recommend that John be restricted to beginner level courses for a time. Such an action is not intended as a penalty, but rather to help John become more proficient with his firearm prior to moving to more advanced techniques. John would benefit from more detailed practice of basic firearm handling and fundamentals, which will improve his shooting overall. You agree that such a determination/restriction is not debatable or appealable. The only way to gain access to more advanced levels of instruction is by demonstrating proficiency at the level in which you are currently classified. Beginners must demonstrate an understanding of basic firearm principles and skills taught in the beginner courses in order to progress to intermediate courses, and so on. Again, this is for your safety and education.
Taking a course which is more advanced than you are capable is not only a waste of ammunition for you, but it presents a safety risk to the instructor, the other personnel, and the other students.
ANNUAL PASSHOLDERS
From time to time, Redstone Firearms may offer a limited number of Annual Passes. Persons who purchase these passes are not subject to the aforementioned attendance limits and may attend any Range Day on the calendar.
By purchasing an Annual Pass, you understand and agree that Redstone Firearms makes no guarantee about how many Range Days it will offer in the following year. You further understand and agree that Red Stone Firearms is not responsible if you fail to use the Annual Pass, if the Range Days are set on dates inconvenient to you, or if certain Range Days are cancelled or modified. The Annual Pass only provides the option to attend any Range day offered by Redstone Firearms, it is up to you to use the pass and/or make yourself available on the dates set by Redstone Firearms for such Range days.
Attending Range Days. Annual Passholders must provide at least seven (7) days’ notice of the intent to attend a Range Day in order to be guaranteed attendance. If an Annual Passholder provides less notice, that passholder agrees that Redstone Firearms may deny attendance to that Range Day. Such a denial is not a breach of these Terms.
SAFETY
Your safety and the safety of all those who attend a Range Day is of paramount importance. When attending any Range Day, you agree to listen to the Range Safety Officer, to the instructor, and to the Redstone Firearms personnel. Every Range day begins with a safety briefing and all attendees are required to attend.
We hope that every attendee arrives on time, but if you arrive late, do not go to the firing line before you check in with the Range Safety Office and are briefed regarding the safety rules for the day.
You agree that unsafe conduct is a basis to ask you to leave the Range Day and/or to be barred from future Range Days. You also agree that if you are asked to leave the range due to unsafe behavior, you will not receive a refund of any kind.
Unsafe conduct which may result in expulsion includes: not following basic firearm safety as described by the Range Safety Officer at the beginning of the Range Day after repeated warnings; pointing a firearm at anyone, including yourself, at any time (unless specifically requested by the trainer after clearing your firearm); negligent discharges (firing a round unintentionally); firing a firearm anywhere other than instructed or at any target other than the designated targets; any other conduct which causes an instructor or Range Safety Officer to ask you to leave the facility.