BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH MADCOW DEFENSES OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms of online sale (the “Terms”) apply to the purchase and sale of products through www.madcowdefenses.com (the “Website”). These Terms are subject to change by MADCOW DEFENSES (“Company, “us”, or “we”) without prior written notice at any time, in the Company’s sole discretion. The most current version of Terms will be posted on this Website, all individuals should review these terms before purchasing any product or services that are available through this site.
By agreeing to these terms, you certify that you are a U.S. person as defined at 22 C.F.R. 120.15
PART 1: ACCEPTABLE USE
MadcowDefenses.com contains online information that offers CAD knowledge and models, some being available for purchase. Like a majority of the American population, we actively promote and are dedicated to the advancement of American gunsmithing and the protection of the Second Amendment. Users, professionals and amateurs alike, are welcome to access this site in order to learn more about these topics and discover new ideas.
Users may also purchase small arms technical data and physical goods from this site or any other that are in accordance with applicable laws. Users are subject to these Terms and subject to any and all legal requirements imposed by local, state or federal law.
Users understand and agree that the CAD models sold along with all other products, unless otherwise expressly stated, are not entirely created nor materially modified by Madcow Defenses. CAD models appearing on this site are “information provided by another information content provider” within the meaning of 47 U.S.C. § 230(c)(1).
Users understand and agree that Madcow Defenses, nor any of it's affiliates, are responsible for the accuracy of CAD models. Madcow Defenses does not warrant that these models are suitable or fit for any particular purpose. Users understand and agree that Madcow Defenses or any of it's affiliates are not liable for the use of such models by third parties, and cannot be treated as the publisher or speaker of such models or any advertisements offering such models for sale. See, e.g., Gibson v. Craigslist, 2009 WL 1704355, *3 (S.D.N.Y. 2009) (explaining that under federal law, specifically 47 U.S.C. § 230(c)(1), “‘[n]o provider or user of an interactive computer service shall be treated as a publisher or speaker of any information provided by another information content provider,’ and that ‘[n]o cause of action may be brought and liability may be imposed under any State or local law that is inconsistent with this section.”)
- PROHIBITED USE
By purchasing from Madcow Defenses, you are confirming that you understand and agree to comply with all local, state and/or federal laws governing your purchase, possession, and/or use of products and CAD models appearing on our website, this includes but is not limited to any physical parts created from such models. Usage is subject to various United States and international laws, including but not limited to the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). Accordingly, Madcow Defenses is currently only accepting orders for applicable listed products, including CAD models, from U.S. Persons, as defined at 15 C.F.R. 772.1 and 22 C.F.R. 120.15. Let it be stated that Madcow Defenses is not currently accepting or fulfilling orders from persons outside the United States. By using www.madcowdefenses.com, you agree to comply with all domestic and international laws that apply to export-controlled technical data and software. In furtherance of these restrictions, you agree to and or represent and warrant the following:
- You will not use products obtained from www.madcowdefenses.com for any unlawful purposes.
- To the extent you purchase files from our website, you are a “U.S. person” as defined at 15 C.F.R. 772.1 and 22 C.F.R. 120.15.
- You will not conduct an unauthorized export of any products or CAD models including all files appearing on or obtained from Madcow Defenses.
- You will not use or access our website for the purpose of assisting an unauthorized person(s) in the design or development of a defense article described on the ITAR U.S. Munitions List or for integration or installation of a EAR-controlled item on a ITAR defense article.
- You will not use or access our website for the purpose of supporting the proliferation of any chemical, biological, or nuclear weapons or missiles.
- You will not send, upload, or otherwise use classified national security information (i.e. SECRET, TOP SECRET) on our site.
- You will not access https://www.madcowdefenses.com directly or indirectly, from Cuba, Iran, Syria, Sudan, North Korea, the Crimea Region of Ukraine or any other country to which the United States prohibits certain activities, transactions, and the provision of services.
- You are not an agent of Cuba, Iran, Syria, Sudan, North Korea or any other country or a party to which the United States prohibits certain activities, transactions, and the provision of services.
- You are not listed on the U.S. Department of Treasury’s Specially Designated Nationals List or other U.S. Government list of persons with whom transactions are restricted or prohibited. These lists are available at www.export.gov/csl-search and at http://sam.gov/portal/SAM.
You further represent and declare (or certify, verify, or state) that each of the following are true and correct under penalty of perjury pursuant to 28 U.S.C. § 1746:
- You are at least twenty-one (21) years old
- You are a citizen or lawful permanent resident of the United States of America, or of any other country in which the operation of this site is lawful
- You have not renounced your U.S. citizenship
- You are not an illegal or unlawful alien, and are not a nonimmigrant alien
- Your possession and/or use of products and/or CAD models appearing on our site, or any physical parts created from such models, does not violation any local, state, or federal law of the jurisdiction in which you reside
- You are not currently under indictment for, and have never been convicted in any court of, a crime punishable by imprisonment for one year or more
- You are not a fugitive from justice
- You are not an unlawful user of, or addicted to, any controlled substance
- You have not been adjudicated as a mental defective and have not been committed to any mental institution
- You have never been and are not expected to be discharged from the Armed Forces under dishonorable conditions
- You are not currently subject to a domestic violence restraining order of any kind
- You have never been convicted in any court of a crime of domestic violence
- You will not conduct an unauthorized export of any products or models appearing on this site, or any physical parts created from such models
- You will not use, and do not intend to use, products or models appearing on our site, or any physical parts created from such models, for any unlawful purpose including, but not limited to, causing physical injury or death to yourself or to any other person
- ORDER ACCEPTANCE
You agree that your order is an offer to buy, under these Terms, all products listed in your order. Unless the Company accepts your order, we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between the Company and you will not take place unless and until you have received your order confirmation e-mail.
- DISPUTE RESOLUTION
Users agree to arbitrate any and all disputes and claims that arise out of or relate in any way to the construction, application, or interpretation of these Terms of Service. This agreement to arbitrate is intended to be broadly interpreted and includes claims brought under any legal theory.
This provision does not preclude any party from seeking an individualized preliminary injunction or temporary restraining order until a claim is arbitrated, or from bringing an individualized action in small claims court, provided that the arbitrator will have exclusive jurisdiction to finally resolve claims not within the jurisdiction of a small claims court. Nothing in this section shall bar any party from bringing issues to the attention of federal, state, or local agencies.
You understand and agree that by entering into this agreement, all parties are waiving their respective rights to a trial by jury or to participate in a class or representative action. The Federal Arbitration Act governs the interpretation and enforcement of this Dispute Resolution Agreement.
With respect to all disputes or claims that arise out of or relate in any way to your use of our products or files or the construction, application, or interpretation of these Terms, this provision supersedes any contrary terms regarding dispute resolution in any other agreement between the parties.
If any party intends to seek arbitration of a dispute, that party must provide the other party with notice in writing (“Notice of Dispute”). This Notice of Dispute must be sent to the following address:
4288 CLIFFORD RIVES RD
UNION CITY, TN 38261
The Notice of Dispute must include a description of the facts giving rise to the dispute and a statement of the relief requested. If the parties are unable or unwilling to resolve the dispute within 60 days after the Notice of Dispute is submitted, the dispute will be resolved by arbitration upon one party sending the other party or parties and the American Arbitration Association (“AAA”) a demand for arbitration. No arbitration demand may be submitted until at least 60 days after submission of the Notice of Dispute.
The arbitration will be governed by the AAA’s Commercial Arbitration Rules ("AAA Rules"), and will be administered by the AAA. Unless the parties agree otherwise, the Expedited Procedures of the AAA Rules will apply to any claim of $75,000 or less. The AAA Rules are available online at adr.org or by calling the AAA at 1-800-778-7879. If the AAA is unavailable, the parties will agree to another arbitration provider or the court will appoint a substitute. To the fullest extent permitted by applicable law, any evidentiary submissions made in arbitration will be maintained as confidential in the absence of good cause for its disclosure. The arbitrator’s award will be maintained as confidential only to the extent necessary to protect either party’s trade secrets or proprietary business information or to comply with a legal requirement mandating confidentiality.
Arbitration hearings will take place in Obion County, Tennessee, San Bernardino County, California or such other location as the parties mutually agree.
The AAA’s fee schedule is subject to change and may be found in the AAA Rules (available online at adr.org or by calling the AAA at 1-800-778-7879). Filing fees shall be paid by the party who initially commenced the arbitration subject to later reallocation governed by the AAA Rules.
Users agree to indemnify and hold Madcow Defenses harmless from any claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit via www.madcowdefenses.com (including but not limited to CAD models, physical parts created therefrom, and any content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted and your interactions with others); (c) your use of or reliance on any user content; and (d) your violation of these Terms. This indemnification obligation includes payment of any attorneys' fees and costs incurred by Madcow Defenses. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of such claims.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
- Entire Agreement
These Terms constitute the entire agreement between consumers and Madcow Defenses. These Terms supersede any prior written or oral agreement. If any provision of these Terms is found by a court of competent jurisdiction to be unenforceable, all other provisions remain in full force and effect.
MADCOW DEFENSES files and other hardware are not currently available to persons outside the United States and are not available to residents of and persons in the State of New Jersey who do not possess a federal firearms license.