Legal and Conditions of Use

LEGAL AND CONDITIONS OF USE

Overview: By using the HeavyBarrelDesigns.com website you are affirming that you are over 18 years of age, have read and agree to the following Terms and Conditions and are fully knowledgeable of all local, state federal or other laws, statues and regulations applicable to the possession, use, import, sale or purchase of products you order. You agree to hold Heavy Barrel Designs blameless for any misrepresentations you make when creating an account or placing an order as well as any infractions of laws you commit as a result.

California Prop 65 Statement: “Warning: Some products we sell may contains a chemical known to the State of California to cause cancer.”

Updated June 01, 2020

1. Introduction. This website, www.HeavyBarrelDesigns.com, (the “Website”) permits users like you to purchase products, in accordance with the terms of these Terms and Conditions (the “Agreement”).

2. Legal Agreement.

(a) Please read this Agreement carefully. This Agreement is a legally binding agreement between you (“you” or “your”) and Heavy Barrel Designs (“HeavyBarrelDesigns.com” "HBD" or “ we” or “our” or “us””) a South Dakota DBA (Sole Proprietor) company.

(b) The effective date of this Agreement (the “Effective Date”) is the date you first use the Website. By using the Website, you agree to be bound by this Agreement. If you choose to accept this Agreement, you must do so as written, without modification. If you do not agree to abide by the terms of this Agreement, please discontinue your use of the Website immediately. You agree that by using the Website, such use constitutes your acceptance of this Agreement and your agreement to be bound by the terms of this Agreement. You warrant and represent that you are at least 18 years old and that you have the legal authority to enter into this Agreement as an individual or on behalf of your employer. Heavy Barrel Designs and you are individually, a “party” and collectively, the “parties.”

(c) You agree that any purchase of Products from us, whether through the Website, our retail store, or otherwise, shall be governed by this Agreement.

3. Privacy Policy. Your access to the Website and purchase of the Products shall be governed by this Agreement and also by the Privacy Policy. The Privacy Policy also describes how Heavy Barrel Designs collects and uses information you post to the Website or provide to us. This Agreement and the Privacy Policy may be collectively referred to as the Agreement, and are intended to be read together. A Privacy Policy link is available at the bottom of the website at all times.

4. Terms and Termination. The term of this Agreement shall begin on the Effective Date and continue until terminated as expressly provided in this Agreement (the “Term ”). This Agreement and the Privacy Policy shall run concurrently and if either terminates, then the other shall automatically terminate. You may terminate this Agreement at any time by delivering an email to us at the address listed in the “contact us” section of the Website. Heavy Barrel Designs may immediately terminate this Agreement as required by law or due to your breach of any provision of this Agreement in Heavy Barrel Designs’s determination. Termination will become effective immediately. Upon termination, all rights granted by Heavy Barrel Designs to you under this Agreement, including your use of the Website, shall immediately terminate, and you will not be allowed to use the Website or purchase Products. The following Sections of this Agreement shall survive termination or expiration of this Agreement for any reason: 4, 6, and 16 -26.

5. Updates to this Agreement. Heavy Barrel Designs RESERVES THE RIGHT TO AMEND THE WEBSITE AND THE TERMS OF THIS AGREEMENT IN ITS DISCRETION FROM TIME TO TIME. YOU ARE RESPONSIBLE FOR MONITORING THE WEBSITE FOR CHANGES TO THIS AGREEMENT. Heavy Barrel Designs may, but is not obligated to, offer upgrades, updates, and improvements to the Website, and to add or discontinue any Products at any time.

6. Prohibited Uses.

(a) You may only use the Website and purchase Products for legal purposes (the “Purpose”).

(b) You shall not use the Website or Products: (i) to harass, intimidate, embarrass, or threaten any person, (ii) for any illegal, libelous, obscene, pornographic, or illegal purpose, or (iii) in a manner that violates any laws, rules, or regulations.

(c) You shall not copy, modify, creative derivate works of, or reverse engineer, in whole in or part, Heavy Barrel Designs (i) Website, including its components or contents, in whole or part, (ii) Products, or (iii) trademarks, service marks, trade dress, patents, patents pending, copyrights, and other intellectual property, including, without limitation, photographic images (the foregoing in (a) – (c) collectively, the “ Intellectual Property”).

(d) Except as expressly stated in this Agreement, Heavy Barrel Designs does not grant you any license or ownership rights, including in the Intellectual Property, and all rights not expressly granted by Heavy Barrel Designs to you under this Agreement are expressly reserved to Heavy Barrel Designs.

7. Orders. You must be at least 18 years old to buy anything from Heavy Barrel Designs. Products and at least 21 years old to order restricted products. Restricted products are not marked on the Website. Some items on the Website may be illegal in your or other areas. You shall be responsible to check all applicable federal, state, and local laws concerning the purchase, ownership, use, and possession of any Products sold to you on the Website.


8. Legal Disclaimers. Heavy Barrel Designs offers no legal advice regarding laws applicable to your purchase of Products. We have provided general information herein to you of federal laws that may affect your purchase. It is your responsibility, as the buyer, and not Heavy Barrel Designs, as the seller, to ascertain and obey all applicable international, federal, state, and local laws regarding your purchase and use of Products.

9. Change and Cancellation Policy. If you order the wrong Products, you may change your order up until the time the order is shipped. Once an order has been shipped, if you wish to change an item you must follow the guidelines in the Returns and Exchanges section below. If you would like to cancel your order you may do so up until the time the order has shipped. Once an order has been shipped you must follow the guidelines in the Returns and Exchanges section below. You can contact us about a change or cancellation at the email or telephone number listed in the “contact us” section of the Website. If you choose to send an email you must use “order change” or “order cancellation” in your email subject line to make sure the email is directed to the correct department to improve the chance that the change or cancellation can be implemented before the order ships.

10. Payment.

Heavy Barrel Designs reserves the right to request identification for any purchases of any kind. No customer shall be obligated to provide identification, however failure to provide requested information may result in the cancellation of the customer's order. If the order is cancelled and charges to the credit card used will be voided or refunded.


11. Shipping - International Orders. International purchasers assume all risk of loss, theft, customs seizures, clearance, duties, levies, fees, taxes, storage charges, broker fees, and the like associated with international shipments (the foregoing collectively, “International Shipping Events”), and you agree that Heavy Barrel Designs shall not be held liable for any International Shipping Events.


12. Law Enforcement. Anyone known or believed to use the Products other than for the Purpose, or to provide false information, or to attempt to defraud us in any way will be reported to the proper authorities. You understand and agree that Heavy Barrel Designs monitors usage on the Website and of purchase of Products and that, in accordance with the terms of this Agreement and the Privacy Policy, we may share your use of the Website and purchase of Products Services, including Personal Information (as defined in the Privacy Policy), with law enforcement agencies and officials in response to inquiries or if we have reason to believe that your use of the Website or Products is for an unlawful purpose. We may also share your use of the Website and purchases of Products, including Personal Information, to third parties without your prior consent as required by law, a court order, a subpoena, legal process, governmental request, to investigate fraud, or as Heavy Barrel Designs determines is necessary or advisable to protect its interests or your safety or the safety of others.

13. Indemnification. You shall defend, indemnify, and hold harmless Heavy Barrel Designs and its affiliates, and their employees, managers, members, officers, shareholders, directors, agents, representatives, contractors, insurers, attorneys, successors, and assigns from and against all claims, demands, judgments, losses, liabilities, damages, costs, fees, expenses, including, without limitation, attorneys’ fees, expert witness fees, and court costs, arising out of your (a) unauthorized use of the Website, Products, or Intellectual Property, or (b) any other breach of this Agreement.

14. Disclaimer of Warranties.,

(a) EXCEPT AS EXPRESSLY STATED HEREIN, Heavy Barrel Designs: (A) PROVIDES ACCESS TO THE WEBSITE AND THE PRODUCTS ON AN “AS IS” BASIS, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR GUARANTEES, (B) MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE AND THE PRODUCTS, AND (C) SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY AGAINST NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY IN CONNECTION WITH YOUR ACCESS TO THE WEBSITE AND THE PRODUCTS. EXCEPT AS EXPRESSLY STATED HEREIN, BRASS KNUCKLES COMPANY DOES NOT WARRANT THAT THE WEBSITE OR ANY THE PRODUCTS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR THAT THE PRODUCTS WILL PROVIDE SECURITY OR PROTECTION AGAINST HARM, INJURY, DISMEMBERMENT, OR DEATH, OR THAT THE CONTENT OF THE WEBSITE OR METHOD OF DELIVERY WILL BE FREE OF ERROR (INCLUDING FACTS, STATEMENTS, SERVICE LEVELS, DOWNLOAD SPEED, WEBSITE DOWNTIME, OUTAGES, WI-FI, HOTSPOT, OR INTERNET CONNECTIVITY OR SECURITY), OR THAT DEFECTS THEREIN WILL BE CORRECTED. THE PROVISIONS OF THIS SECTION SHALL BE IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

(b) Without limiting the generality of the foregoing in this Section, Website mistakes (such as, without limitation, pricing errors, Product misinformation, and stock discrepancies) are inevitable. Heavy Barrel Designs is not required to honor pricing errors. At our discretion, we may cancel any order where we determine there has been a pricing error. If we have provided Product misinformation for your order, you have the right to return your purchased Product without penalty (subject to the return policy stated herein). If there is a stock discrepancy, you have the right to retain your order until it can be filled or to cancel your order without penalty.

(c) Without limiting the generality of the foregoing, Heavy Barrel Designs will not be held liable for the misuse of any Product purchased from us or any of our distributors and dealers.

20. Limitations of Liability.

(a) Heavy Barrel Designs SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOSS OF BUSINESS, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF A PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Heavy Barrel Designs TOTAL LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM UNDER THIS AGREEMENT, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO Heavy Barrel Designs UNDER THIS AGREEMENT. THE PROVISIONS OF THIS SECTION SHALL BE IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

21. Compliance with Applicable Law. Except as expressly permitted herein, all other notices provided for herein shall be effected either by recognized international express courier, postage pre-paid, or by First Class United States Mail, postage pre-paid, to the address listed below in our case, and to the address you listed at time of last purchase in your case. Notice shall be deemed received two days following tender to such courier and three days following posting by Mail.

Heavy Barrel Designs

15045 Elk Creek Road

Box Elder, SD 57719


22. Independent Parties. Nothing in this Agreement shall create an employer-employee, partner, joint venturer or agent relationship between Heavy Barrel Designs and you.

23. Dispute Resolution. This Agreement and Privacy Policy shall be governed by and construed in accordance with the laws of the State of South Dakota, without regard to any applicable conflicts or choice of law provisions. Neither the United Nations Convention on Contracts for the International Sale of Goods (“CISG”) nor the Uniform Computer Information Transactions Act (“ UCITA”) shall apply. For any dispute arising out of or in connection with this Agreement or the Privacy Policy, the parties hereto irrevocably consent to binding arbitration in South Dakota, under the Commercial Rules of the American Arbitration Association, and the parties hereby waive any objection that arbitration in such city is inconvenient. You understand that you hereby agree to waive any right you may have to a trial by jury. You hereby agree to waive any right you may have to participate in any class, collective, group, or representative action or proceeding arising out of or in connection with this Agreement or the Privacy Policy. The prevailing party in any such arbitration action shall be entitled to collect from the non-prevailing party, in addition to any award, all reasonable costs, fees, and expenses, including, without limitation, attorneys’ fees and court costs.

24. Complete Agreement. This Agreement and the Privacy Policy, and references to pages and sections on the Website, contain the entire agreement of the parties and supersedes any and all other agreements, whether oral or in writing, between the parties concerning the subject matter hereof. Without limiting our rights under Section 5 above, any other modification of this Agreement or the Privacy Policy shall be effective only if in a writing signed by the parties. In the event of conflict between this Agreement and the Privacy Policy/pages and sections of the Website, this Agreement shall prevail.

25. Severability. If any provision of this Agreement or the Privacy Policy is held by a court or tribunal of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.

26. Assignment. You may not assign or sublicense any part of the Agreement, in whole or in part, without the prior written consent of Heavy Barrel Designs