Terms and Conditions

Introduction

These Terms and Conditions (“Terms”) govern your access to and use of websites, ecommerce platforms, customer portals, online forms, digital communications, online services, product pages, ordering systems, and related services operated by or on behalf of Keng’s Firearms Specialty, Inc., a Georgia corporation (“KFS,” “Company,” “we,” “us,” or “our”), and its brands, divisions, product lines, and business lines, including Kensight (collectively, the “Services”).

By accessing or using the Services, creating an account, placing an order, submitting information, communicating with KFS, or purchasing products from KFS, you agree to be bound by these Terms and all policies incorporated by reference, including our Privacy Policy, Shipping and Returns Policy, Warranty Policy, Cookie Policy, California Privacy Notice, and any product-specific or channel-specific terms posted by KFS.

If you do not agree to these Terms, you must not access the Services, create an account, place an order, submit information, or purchase products from KFS.

1. Company Information

2. Scope of These Terms

These Terms apply to all users of the Services, including retail customers, business customers, dealers, distributors, OEM customers, resellers, visitors, account holders, and any other person or entity accessing or using the Services.

These Terms apply to sales and transactions conducted within the United States and internationally, including business-to-consumer (B2C), business-to-business (B2B), dealer, distributor, OEM, Stocking Dealer, Dealer, Retail, marketplace, and other lawful commercial channels.

These Terms are intended to apply uniformly across KFS-operated brands, divisions, product lines, websites, ecommerce platforms, and online services unless KFS expressly posts supplemental terms for a specific product, transaction, jurisdiction, or channel.

3. Incorporated Policies

The following policies are incorporated into these Terms by reference:

• Privacy Policy;
• Shipping and Returns Policy;
• Warranty Policy;
• Cookie Policy;
• California Privacy Notice;
• Any product-specific restrictions or notices;
• Any export, compliance, or restricted-products notice posted by KFS;
• Any dealer, distributor, OEM, Stocking Dealer, Dealer, Retail, or marketplace terms accepted by a customer or account holder.

If these Terms conflict with a product-specific, compliance-specific, or channel-specific term, the more specific term will control for that product, transaction, or channel unless prohibited by applicable law.

4. Eligibility to Use the Services

By accessing or using the Services, creating an account, submitting information, or placing an order, you represent and warrant that:

• You are at least 18 years old;
• You have legal capacity to enter into these Terms;
• You are not prohibited by applicable law from accessing the Services or purchasing products offered by KFS;
• You are not located in, ordinarily resident in, organized under the laws of, or acting on behalf of any jurisdiction, person, or entity subject to applicable sanctions or restricted-party prohibitions;
• You will comply with all applicable federal, state, local, and international laws, rules, and regulations;
• You will not use the Services or products purchased from KFS for unlawful, unsafe, prohibited, or unauthorized purposes;
• All information you submit to KFS is accurate, complete, current, and not misleading.

KFS may deny access to the Services, refuse service, cancel orders, terminate accounts, or restrict transactions where KFS determines, in its sole discretion, that a user may be ineligible, noncompliant, fraudulent, prohibited, high-risk, or otherwise unsuitable for a transaction.

5. Firearms-Related Products and Legal Compliance

KFS sells firearms-related products, accessories, optics, parts, components, and related goods. Some products may be subject to federal, state, local, and international laws, including laws governing firearms, ammunition, firearm parts, accessories, restricted items, age restrictions, possession, transfer, shipping, storage, export, import, customs, sanctions, and end use.

By purchasing or attempting to purchase any product from KFS, you represent and warrant that:

• You may lawfully purchase, receive, possess, own, use, transport, transfer, and store the product in your jurisdiction;
• You are not a prohibited person under applicable law;
• You are not purchasing on behalf of any prohibited person;
• You are not purchasing for unlawful resale, diversion, export, reexport, transfer, brokering, trafficking, or prohibited end use;
• You will not use the product in violation of any applicable law, regulation, court order, license restriction, or governmental requirement;
• You are responsible for knowing and complying with all laws applicable to you, your location, your intended use, and your transaction.

KFS does not provide legal advice regarding whether a product is lawful for you to purchase, possess, import, export, use, resell, or transfer. You are solely responsible for determining and complying with all applicable laws before placing an order.

6. Federal Firearms License, Transfers, and Regulated Transactions

Certain products or transactions may require involvement of a Federal Firearms Licensee (“FFL”), government authorization, customer documentation, compliance review, background check, transfer process, export license, import authorization, end-user documentation, or other legal requirement.

Where applicable, KFS may require:

• FFL information;
• Dealer verification;
• Business verification;
• Resale or tax documentation;
• Eligibility information;
• Export, import, customs, sanctions, or restricted-party documentation;
• End-user or end-use information;
• Government-issued documentation where legally required;
• Other information reasonably necessary to verify legal compliance.

KFS may refuse, delay, cancel, or modify an order if required documentation is not provided, cannot be verified, appears inaccurate, creates compliance concerns, or if KFS determines that a transaction may violate applicable law or company policy.

Customer is responsible for any fees, transfer charges, background check fees, dealer fees, storage fees, compliance fees, customs charges, duties, taxes, import fees, or other charges imposed by third parties or government authorities unless KFS expressly states otherwise in writing.

7. Prohibited Transactions

You may not use the Services or purchase products from KFS for any unlawful, prohibited, unsafe, fraudulent, abusive, deceptive, or unauthorized purpose.

Prohibited conduct includes, without limitation:

• Purchasing or attempting to purchase products you may not lawfully receive or possess;
• Purchasing for or on behalf of a prohibited person;
• Providing false, misleading, incomplete, or inaccurate information;
• Using another person’s account, identity, payment method, license, address, or documentation without authorization;
• Engaging in straw purchasing, diversion, trafficking, unlawful resale, or unauthorized export;
• Attempting to bypass product restrictions, age restrictions, shipping restrictions, export restrictions, sanctions restrictions, or compliance screening;
• Using the Services to violate firearms laws, export controls, sanctions regulations, customs laws, consumer protection laws, tax laws, intellectual property laws, or other applicable laws;
• Interfering with website security, account security, payment systems, or fraud-prevention systems;
• Scraping, harvesting, crawling, reverse engineering, probing, testing, or attacking the Services without authorization;
• Using bots, automated purchasing tools, inventory scraping tools, or other automated systems without KFS’s prior written permission;
• Misusing product information, images, specifications, trademarks, or technical content;
• Submitting unlawful, abusive, defamatory, threatening, obscene, infringing, fraudulent, or harmful content;
• Using products in an unsafe, reckless, illegal, or unauthorized manner.

KFS reserves the right to investigate, suspend, terminate, restrict, report, or cancel any account, order, transaction, or activity that KFS believes may involve prohibited conduct.

8. Account Registration and Security

You may be required to create an account to access certain Services, pricing, ordering functions, business terms, dealer terms, distributor terms, OEM terms, Stocking Dealer terms, or customer portals.

You agree to:

• Provide accurate, complete, and current account information;
• Keep account credentials confidential;
• Promptly update account information when it changes;
• Promptly notify KFS of suspected unauthorized access or account misuse;
• Accept responsibility for all activity conducted through your account.

KFS may suspend, restrict, or terminate an account at any time if KFS determines that the account information is inaccurate, incomplete, outdated, unauthorized, fraudulent, noncompliant, inactive, abusive, or otherwise inconsistent with these Terms or applicable law.

9. Business Accounts, Pricing Tiers, and Channel Terms

KFS may offer different business account types, pricing tiers, programs, or commercial channels, including:

• OEM;
• Distributor;
• Stocking Dealer;
• Dealer;
• Retail.

Eligibility for any pricing tier, account type, discount, program, credit term, product access, or commercial channel is determined by KFS in its sole discretion and may require business verification, resale documentation, tax documentation, dealer documentation, purchase history, credit approval, compliance review, or written agreement.

KFS may change, suspend, revoke, or modify pricing tiers, account status, discounts, product access, credit terms, payment terms, order minimums, purchase limits, channel authorization, or program eligibility at any time, subject to applicable written agreements and applicable law.

Pricing tiers do not create any exclusive territory, exclusive purchasing right, agency relationship, franchise relationship, distributorship, partnership, employment relationship, or ongoing supply obligation unless expressly stated in a signed written agreement with KFS.

10. Dealer, Distributor, OEM, and Reseller Conduct

Business customers, dealers, distributors, OEM customers, Stocking Dealers, Dealers, resellers, and commercial account holders must comply with all applicable laws, regulations, product restrictions, advertising requirements, resale restrictions, export controls, sanctions laws, marketplace rules, and KFS policies.

KFS may prohibit, restrict, or condition resale, marketplace listings, dropshipping, unauthorized advertising, use of product images, use of trademarks, MAP/MRP-related practices where applicable and lawful, export activity, cross-border resale, unauthorized bundling, product modification, or any activity that KFS determines may harm KFS, its brands, customers, partners, reputation, compliance posture, or legal interests.

No dealer, distributor, OEM customer, reseller, or business account holder may represent itself as an agent, employee, legal representative, or authorized spokesperson of KFS unless expressly authorized in a signed written agreement.

11. Product Information, Specifications, and Availability

KFS strives to provide accurate product descriptions, specifications, images, pricing, availability, and compatibility information. However, product information may contain typographical errors, inaccuracies, omissions, outdated information, manufacturer changes, compatibility limitations, or technical differences.

KFS does not warrant that product descriptions, specifications, images, availability, compatibility information, pricing, or other content will be error-free, complete, current, or uninterrupted.

Product images are for illustrative purposes and may differ from the actual product. Product specifications, packaging, finish, materials, features, country of origin, included accessories, and availability may change without notice.

Customer is solely responsible for verifying product suitability, compatibility, legality, installation requirements, maintenance requirements, and safe use before purchase and use.

12. Pricing, Errors, and Corrections

Prices are listed in U.S. dollars unless otherwise stated. Prices, discounts, promotions, product availability, shipping charges, taxes, duties, and other charges are subject to change without notice.

KFS reserves the right to correct errors, inaccuracies, omissions, misprints, pricing errors, inventory errors, product-description errors, tax errors, shipping errors, or promotional errors at any time, including after an order has been submitted.

KFS may refuse, cancel, or modify any order affected by an error, even if payment has been authorized or charged. If payment has been charged for a canceled order, KFS will issue a refund as required by applicable law and KFS policies.

13. Order Placement and Acceptance

Submitting an order does not mean that KFS has accepted the order. All orders are subject to KFS review and acceptance.

KFS may accept an order by sending a shipping confirmation, delivering the product, or otherwise confirming acceptance. Order acknowledgments, automated confirmations, payment authorizations, or receipt confirmations do not constitute final acceptance of an order.

KFS reserves the right to refuse, cancel, delay, hold, limit, or modify any order for any lawful reason, including:

• Product unavailability;
• Pricing or product errors;
• Payment issues;
• Fraud-prevention concerns;
• Compliance concerns;
• Shipping restrictions;
• Export, sanctions, customs, or import restrictions;
• Firearms-related restrictions;
• Customer ineligibility;
• Restricted-party screening;
• Incomplete or inaccurate information;
• High-risk transaction indicators;
• Legal or regulatory requirements;
• Violation of these Terms or other KFS policies.

14. Payment Terms

KFS may accept payment methods made available through the Services or approved in writing by KFS.

By submitting payment information, you represent and warrant that:

• You are authorized to use the payment method;
• The payment information is accurate and complete;
• You authorize KFS and its payment processors to charge the applicable amounts;
• You will not initiate fraudulent, abusive, or improper chargebacks.

KFS may place orders on hold, decline orders, cancel orders, or suspend accounts due to payment failure, suspected fraud, chargeback activity, credit risk, unpaid balances, or other payment concerns.

For approved business accounts, payment terms, credit limits, purchase orders, invoicing, or other commercial payment arrangements may be governed by separate written terms issued or accepted by KFS.

15. Taxes, Duties, Customs, and Other Charges

Customer is responsible for all applicable taxes, duties, tariffs, customs charges, brokerage fees, import fees, export fees, transfer fees, regulatory fees, shipping charges, insurance charges, and other governmental or third-party charges unless KFS expressly states otherwise in writing.

KFS may collect sales tax, use tax, VAT, GST, duties, or other charges where required or permitted by law. KFS’s collection or non-collection of a tax or charge does not relieve customer of responsibility for any applicable obligation.

International customers are solely responsible for import eligibility, import permits, customs clearance, duties, taxes, brokerage fees, destination-country restrictions, and all other destination-country requirements.

16. Shipping, Delivery, Risk of Loss, and Title

Shipping options, charges, restrictions, delivery estimates, and carrier availability may vary by product, destination, customer type, compliance status, and applicable law.

KFS may restrict shipping to certain jurisdictions, addresses, carriers, countries, freight forwarders, PO boxes, military addresses, export destinations, or third-party locations.

Unless otherwise stated in writing, risk of loss passes to customer upon delivery to the carrier, subject to applicable law. Title passes as provided by applicable law and KFS’s applicable shipping terms.

Delivery dates and shipping estimates are estimates only and are not guaranteed unless expressly stated in writing by KFS. KFS is not responsible for carrier delays, customs delays, weather delays, address errors, failed delivery attempts, third-party delays, force majeure events, regulatory holds, or delays caused by incomplete or inaccurate customer information.

17. Shipping Delays, Cancellations, and Refunds

For orders subject to the Federal Trade Commission’s Mail, Internet, or Telephone Order Merchandise Rule, KFS will handle shipment timing, delay notices, cancellations, and refunds in accordance with applicable law.

KFS will use commercially reasonable efforts to ship orders within the stated shipping timeframe. If no specific shipping timeframe is stated, KFS will handle shipment timing in accordance with applicable law.

If KFS cannot ship an order or portion of an order within the applicable timeframe, KFS may provide notice, obtain required consent to delay where applicable, offer cancellation where required, or issue a refund where required by law.

KFS may cancel an order if the product is unavailable, restricted, prohibited, discontinued, backordered, affected by error, subject to compliance review, or otherwise cannot be fulfilled lawfully or commercially.

18. Backorders, Preorders, Special Orders, and Allocated Products

KFS may offer or accept backorders, preorders, special orders, allocated products, limited-availability products, or products subject to manufacturer availability.

Backorders, preorders, special orders, and allocated products are subject to availability, compliance review, supplier performance, payment requirements, shipping restrictions, and cancellation by KFS.

Estimated availability dates are estimates only and may change. KFS does not guarantee that backordered, preordered, special-order, or allocated products will become available.

19. Returns, Exchanges, and Cancellations

Returns, exchanges, cancellations, refused deliveries, defective-product claims, warranty claims, and refund requests are governed by KFS's Shipping and Returns Policy, Warranty Policy, product-specific terms, and applicable law.

KFS may refuse returns, exchanges, or cancellations where products are used, installed, altered, damaged, missing parts, returned late, special ordered, custom ordered, restricted, regulated, unsafe to resell, or otherwise ineligible under KFS policy or applicable law.

Customer is responsible for return shipping, insurance, packaging, tracking, transfer fees, dealer fees, taxes, duties, customs charges, and other associated costs unless KFS or applicable law states otherwise. KFS does not charge restocking fees.

20. Product Use, Installation, Safety, and Compliance

Products sold by KFS may require proper installation, maintenance, training, compatibility verification, safe handling, inspection, and lawful use.

Customer is solely responsible for:

• Reading and following all product instructions, warnings, manuals, labels, and manufacturer guidance;
• Ensuring proper installation and compatibility;
• Using qualified professionals where appropriate;
• Maintaining products safely;
• Complying with all applicable laws;
• Using products only in a lawful and safe manner;
• Ensuring products are not misused, altered improperly, resold unlawfully, exported unlawfully, or transferred unlawfully.

KFS is not responsible for injury, damage, loss, malfunction, noncompliance, unlawful use, improper installation, improper maintenance, unsafe handling, unauthorized modification, misuse, abuse, negligence, or use contrary to product instructions, warnings, applicable law, or common safety practices.

21. No Legal, Compliance, Safety, or Technical Advice

Information provided by KFS through the Services, product pages, customer support, emails, catalogs, specifications, or other communications is for general informational and transactional purposes only.

KFS does not provide legal advice, regulatory advice, export-control advice, firearms-law advice, customs advice, tax advice, safety training, gunsmithing advice, or professional technical advice through the Services.

You are responsible for consulting qualified legal, tax, compliance, technical, safety, or professional advisors as appropriate before purchasing, importing, exporting, installing, modifying, using, reselling, or transferring any product.

22. Export Controls, Sanctions, Import Controls, and International Compliance

Products, software, technology, technical data, documentation, services, and related information offered by KFS may be subject to U.S. export controls, sanctions laws, import controls, customs laws, end-use restrictions, end-user restrictions, and destination-country laws.

By accessing the Services or purchasing products from KFS, you represent and warrant that:

• You will comply with all applicable U.S. and foreign export, reexport, import, customs, and sanctions laws;
• You are not a restricted, denied, blocked, debarred, sanctioned, or prohibited party;
• You are not acting on behalf of a restricted, denied, blocked, debarred, sanctioned, or prohibited party;
• You will not export, reexport, transfer, transship, divert, resell, or provide any product, software, technology, technical data, documentation, service, or information in violation of applicable law;
• You will not use products for prohibited end uses or provide products to prohibited end users;
• You will provide accurate end-use, end-user, destination, licensing, and compliance information upon request.

KFS may conduct restricted-party screening, export-control review, sanctions screening, destination review, end-use review, end-user review, license review, or other compliance checks.

KFS may refuse, cancel, delay, restrict, or report any order, transaction, account, shipment, or request that KFS determines may involve export-control, sanctions, customs, import, firearms, anti-diversion, anti-trafficking, restricted-party, or other compliance concerns.

International orders are not final until accepted by KFS and cleared through all applicable compliance review processes.

23. No Diversion or Unauthorized Export

Products purchased from KFS may not be exported, reexported, transshipped, transferred, resold, brokered, diverted, or otherwise provided to any person, entity, destination, or end use in violation of applicable law.

Customer agrees not to participate in any transaction designed to evade export controls, sanctions, customs requirements, firearms laws, import laws, restricted-party rules, end-use restrictions, or end-user restrictions.

KFS may require written certifications, end-user statements, destination information, documentation, or other assurances before accepting or fulfilling an order.

24. Product Restrictions by Jurisdiction

Certain products may be restricted or prohibited in certain states, territories, municipalities, countries, or jurisdictions.

KFS may restrict product listings, sales, shipping, delivery, account access, or transactions based on jurisdiction, product type, customer type, compliance review, carrier availability, government restrictions, or company policy.

The availability of a product on the Services does not mean the product is lawful for purchase, possession, import, export, use, resale, transfer, or shipment in your jurisdiction.

Customer is solely responsible for knowing and complying with all applicable jurisdictional restrictions before placing an order.

25. Intellectual Property

All content on or available through the Services, including text, graphics, photographs, images, videos, product descriptions, specifications, logos, trademarks, trade names, service marks, icons, software, design elements, layouts, product data, technical content, and other materials, is owned by KFS, its affiliates, licensors, suppliers, or other rights holders and is protected by intellectual property and unfair competition laws.

You may access and use the Services only for lawful personal or authorized business purposes. You may not copy, reproduce, modify, distribute, publish, display, transmit, scrape, harvest, reverse engineer, create derivative works from, or commercially exploit any content without KFS’s prior written permission.

No rights, title, or interest in any KFS intellectual property are transferred to you by accessing the Services or purchasing products.

26. Trademarks and Brand Use

KFS names, logos, trademarks, service marks, trade names, product names, brand names, graphics, and trade dress may not be used without KFS’s prior written permission.

Dealers, distributors, OEM customers, Stocking Dealers, Dealers, resellers, and other business customers may use KFS-approved product content, images, or marks only as expressly authorized by KFS and only in accordance with applicable brand guidelines, marketplace rules, advertising laws, and written agreements.

KFS may revoke permission to use any KFS content, image, trademark, product data, or brand material at any time.

27. User Content and Submissions

If you submit reviews, comments, images, feedback, ideas, suggestions, questions, product information, technical information, or other content to KFS or through the Services (“User Content”), you grant KFS a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable license to use, reproduce, modify, display, distribute, publish, translate, create derivative works from, and otherwise exploit the User Content for business, marketing, customer service, product improvement, compliance, and operational purposes, subject to applicable law and our Privacy Policy.

You represent and warrant that your User Content:

• Is accurate and not misleading;
• Does not violate any law;
• Does not infringe any third-party rights;
• Does not contain confidential information you are not authorized to disclose;
• Does not contain unlawful, abusive, threatening, defamatory, obscene, discriminatory, fraudulent, or harmful material.

KFS may remove, edit, reject, or disable User Content at any time for any lawful reason.

28. Reviews, Testimonials, and Public Communications

Any reviews, testimonials, endorsements, or public communications submitted by users must reflect honest opinions, findings, beliefs, or experiences.

KFS may moderate, remove, reject, or decline to publish reviews or testimonials that are false, misleading, unlawful, abusive, irrelevant, duplicative, promotional, infringing, or inconsistent with KFS policies.

No user may submit fake reviews, paid reviews not properly disclosed, competitor reviews, manipulated ratings, or misleading endorsements.

29. Third-Party Websites, Marketplaces, and Services

The Services may contain links to third-party websites, marketplaces, payment processors, shipping providers, social media platforms, plugins, tools, or services.

KFS does not control and is not responsible for third-party content, privacy practices, security practices, terms, fees, policies, products, services, or availability.

Your use of third-party websites, platforms, marketplaces, payment services, shipping services, or tools is governed by the third party’s own terms and policies.

30. Privacy and Data Protection

KFS collects, uses, discloses, retains, and safeguards personal information as described in its Privacy Policy.

By using the Services, creating an account, placing an order, submitting information, or communicating with KFS, you acknowledge that KFS may process personal information in accordance with the Privacy Policy and applicable law.

KFS may use information submitted by customers for ecommerce, customer service, compliance, fraud prevention, payment processing, shipping, returns, warranty, legal, regulatory, firearms, export, sanctions, customs, tax, accounting, audit, and recordkeeping purposes.

31. Electronic Communications and Electronic Records

By using the Services, creating an account, placing an order, or communicating with KFS electronically, you consent to receive communications from KFS electronically, including emails, notices, order confirmations, policy updates, account messages, customer service communications, legal notices, and transaction communications.

You agree that electronic communications, notices, disclosures, records, and agreements satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

32. Mobile, SMS, and Marketing Communications

If KFS offers email, SMS, or mobile communications and you opt in, you agree to receive communications according to the applicable consent language presented at the time of signup.

You may opt out of marketing communications as described in the communication or applicable policy. Transactional, account, legal, compliance, safety, warranty, recall, order, or customer-service communications may still be sent where permitted by law.

33. Disclaimer of Warranties

Except as expressly stated in a written warranty issued by KFS or the manufacturer, the Services and products are provided “as is,” “as available,” and “with all faults” to the maximum extent permitted by law.

To the maximum extent permitted by law, KFS disclaims all warranties, express or implied, including:

• Implied warranties of merchantability;
• Fitness for a particular purpose;
• Title;
• Non-infringement;
• Accuracy;
• Completeness;
• Availability;
• Compatibility;
• Security;
• Uninterrupted operation;
• Error-free operation;
• Course of dealing;
• Course of performance;
• Usage of trade.

Some jurisdictions do not allow limitations on implied warranties, so some limitations may not apply to you.

34. Manufacturer Warranties

Products may be covered by manufacturer warranties, if any. Manufacturer warranties are provided by the manufacturer, not KFS, unless KFS expressly states otherwise in writing.

Customer is responsible for reviewing and complying with applicable manufacturer warranty terms, instructions, exclusions, and claim procedures.

KFS may assist with warranty communications as a courtesy but does not assume responsibility for manufacturer warranty obligations unless expressly stated in writing.

35. Limitation of Liability

To the maximum extent permitted by law, KFS and its officers, directors, employees, agents, owners, affiliates, suppliers, licensors, service providers, contractors, successors, and assigns shall not be liable for any indirect, incidental, consequential, special, exemplary, punitive, enhanced, or similar damages, including lost profits, lost revenue, lost business, loss of goodwill, loss of data, replacement costs, business interruption, product misuse, regulatory consequences, or third-party claims, arising out of or related to:

• The Services;
• Products purchased from KFS;
• Use, misuse, installation, modification, resale, transfer, export, import, possession, storage, or handling of products;
• Order delays, cancellations, or restrictions;
• Website errors or interruptions;
• Product errors, compatibility issues, or availability issues;
• Third-party services;
• Carrier delays;
• Customs delays;
• Regulatory holds;
• Compliance reviews;
• Security incidents;
• Account access;
• User Content;
• Violation of these Terms;
• Violation of applicable law.

To the maximum extent permitted by law, KFS’s total liability for any claim arising out of or relating to the Services, products, orders, transactions, or these Terms shall not exceed the amount paid by you to KFS for the product or transaction giving rise to the claim.

Nothing in these Terms limits liability that cannot be limited under applicable law.

36. Assumption of Risk

You acknowledge that firearms-related products, accessories, parts, components, optics, tools, equipment, and related goods may involve inherent risks if improperly selected, installed, handled, stored, maintained, modified, transported, transferred, or used.

You voluntarily assume all risks associated with selecting, purchasing, installing, modifying, using, storing, transporting, reselling, transferring, importing, exporting, or handling products purchased from KFS, except to the extent such assumption of risk is prohibited by applicable law.

37. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless KFS and its officers, directors, employees, agents, owners, affiliates, suppliers, licensors, service providers, contractors, successors, and assigns from and against any claims, damages, losses, liabilities, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

• Your access to or use of the Services;
• Your purchase, possession, use, misuse, installation, modification, resale, transfer, export, import, storage, transportation, or handling of products;
• Your violation of these Terms;
• Your violation of applicable law;
• Your violation of firearms, export, sanctions, customs, import, tax, consumer protection, privacy, intellectual property, or other legal requirements;
• Your false, inaccurate, incomplete, outdated, or misleading information;
• Your User Content;
• Your negligence, willful misconduct, fraud, or unauthorized conduct;
• Your breach of any representation or warranty in these Terms;
• Claims brought by third parties arising from your conduct, products, account, transaction, or information.

38. Release

To the maximum extent permitted by law, you release KFS and its officers, directors, employees, agents, owners, affiliates, suppliers, licensors, service providers, contractors, successors, and assigns from any claims, demands, damages, losses, liabilities, costs, and expenses arising out of or related to your interactions with third parties, carriers, dealers, distributors, marketplaces, payment processors, shipping providers, customs brokers, FFLs, government agencies, service providers, or other users.

39. Force Majeure

KFS shall not be liable for delay or failure to perform caused by events beyond KFS’s reasonable control, including acts of God, natural disasters, severe weather, fire, flood, pandemic, epidemic, public health emergency, war, terrorism, civil unrest, labor disputes, supply shortages, supplier delays, manufacturer delays, transportation delays, carrier disruptions, customs delays, government action, regulatory changes, export restrictions, sanctions, embargoes, cyber incidents, power failures, internet failures, payment processor failures, or other events beyond KFS’s reasonable control.

40. Dispute Resolution; Informal Resolution

Before filing any lawsuit, arbitration, claim, or proceeding, you agree to contact KFS at legal@kfsindustries.com and provide a written description of the dispute, the relief requested, and your contact information.

The parties agree to attempt in good faith to resolve the dispute informally for at least 30 days after KFS receives the written dispute notice, unless prohibited by applicable law or unless emergency equitable relief is necessary.

41. Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND KFS AGREE THAT DISPUTES WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION INSTEAD OF IN COURT, EXCEPT AS EXPRESSLY PROVIDED BELOW.

Except for claims that may be brought in small claims court, claims for injunctive or equitable relief, intellectual property claims, collection claims, or claims that cannot be arbitrated under applicable law, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, products, transactions, orders, accounts, communications, or your relationship with KFS shall be resolved by binding arbitration on an individual basis.

The arbitration shall be conducted by a neutral arbitrator under commercially reasonable arbitration rules selected by KFS, unless otherwise required by applicable law. The arbitration shall take place in Georgia, unless the arbitrator determines that another location or remote proceeding is required by applicable law.

The arbitrator shall have authority to award the same individual relief that a court could award, subject to these Terms and applicable law.

This arbitration agreement shall be interpreted and enforced to the maximum extent permitted by the Federal Arbitration Act and applicable law.

42. Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND KFS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, REPRESENTATIVE, OR PARTICIPANT IN ANY CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, MASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE PROCEEDING.

The arbitrator may not consolidate claims or preside over any form of class, collective, representative, mass, or consolidated proceeding unless both parties agree in writing or unless applicable law prohibits this waiver.

If this class action waiver is found unenforceable as to a particular claim, that claim shall proceed in court and not in arbitration, unless applicable law requires otherwise.

43. Jury Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND KFS WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, PRODUCTS, ORDERS, TRANSACTIONS, ACCOUNTS, OR YOUR RELATIONSHIP WITH KFS.

44. Governing Law

These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-laws principles, except where preempted by federal law or where another law is required to apply.

The Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement in these Terms to the extent applicable.

45. Venue

Subject to the arbitration agreement above, any dispute, claim, or proceeding arising out of or relating to these Terms, the Services, products, orders, transactions, accounts, or your relationship with KFS shall be brought exclusively in the state or federal courts located in Georgia, unless otherwise required by applicable law.

You consent to the personal jurisdiction of those courts and waive any objection to venue or inconvenient forum, to the maximum extent permitted by law.

46. Time Limitation on Claims

To the maximum extent permitted by law, any claim or cause of action arising out of or relating to these Terms, the Services, products, orders, transactions, accounts, or your relationship with KFS must be filed within one year after the claim arises, or it will be permanently barred.

This limitation does not apply to claims that cannot be limited by contract under applicable law.

47. Termination and Suspension

KFS may suspend, restrict, or terminate your access to the Services, account, pricing tier, product access, business account, dealer account, distributor account, OEM account, Stocking Dealer account, Dealer account, Retail account, or order privileges at any time for any lawful reason, including violation of these Terms, suspected fraud, compliance concerns, payment issues, abusive conduct, inactivity, business risk, legal requirements, or company policy.

Termination does not affect rights or obligations that accrued before termination, including payment obligations, indemnity obligations, limitation of liability, dispute resolution, intellectual property rights, and compliance obligations.

48. Changes to the Services

KFS may modify, suspend, discontinue, restrict, or remove any part of the Services, product listings, customer portals, account features, pricing, promotions, content, ordering functionality, or product availability at any time without notice, subject to applicable law.

KFS is not liable for any modification, suspension, discontinuance, restriction, or removal of the Services or any feature, product, listing, or content.

49. Changes to These Terms

KFS may update these Terms from time to time to reflect changes in law, technology, business operations, products, services, compliance obligations, or company practices.

Updates will be posted with a revised “Last Updated” date. Material changes will be communicated as required by applicable law.

Your continued use of the Services after updated Terms are posted means that you accept the updated Terms, subject to applicable law.

50. Assignment

You may not assign, delegate, or transfer any rights or obligations under these Terms without KFS’s prior written consent.

KFS may assign, delegate, or transfer these Terms or any rights or obligations under these Terms in connection with a merger, acquisition, restructuring, financing, sale of assets, corporate transaction, or by operation of law.

51. Severability

If any provision of these Terms is held invalid, unlawful, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.

52. No Waiver

KFS’s failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

Any waiver must be in writing and signed by an authorized representative of KFS.

53. No Third-Party Beneficiaries

These Terms are between you and KFS. Except as expressly stated in these Terms, no third party has any right to enforce these Terms.

54. Relationship of the Parties

Nothing in these Terms creates any agency, partnership, joint venture, franchise, employment, fiduciary, distributorship, or exclusive relationship between you and KFS.

Business customers, dealers, distributors, OEM customers, Stocking Dealers, Dealers, resellers, and commercial account holders are independent parties and are not agents, employees, or legal representatives of KFS unless expressly stated in a signed written agreement.

55. Entire Agreement

These Terms, together with policies incorporated by reference and any applicable written agreement signed by KFS, constitute the entire agreement between you and KFS regarding the Services, products, orders, accounts, and transactions covered by these Terms.

These Terms supersede prior or contemporaneous communications, understandings, representations, or agreements regarding the same subject matter, except for separate written agreements signed by KFS.

56. Contact Information

If you have questions about these Terms, please contact: